§ 90.5037, Fla. Stat. — Human Trafficking Victim Advocate-Victim Privilege
Plain English
Florida’s newest victim-advocate privilege (added 2021) protects what a human-trafficking survivor tells a human trafficking victim advocate or trained volunteer at an anti-human-trafficking organization. Confidential communications — and the records of advising, counseling, or providing services — are privileged and may be disclosed only with the victim’s prior written consent. To qualify, the advocate must complete a 24-hour human-trafficking training (delivered through the Attorney General’s office and the Florida Crime Prevention Training Institute) and an 8-hour update within three years. The victim holds the privilege.
From the Courtroom
Trafficking survivors often disclose to advocates long before they’ll talk to police or lawyers. 90.5037 makes that early, fragile trust legally protected — the records don’t open without the victim’s written consent — reflecting Florida’s recognition that confidentiality is what makes those services work.
Key Points & Authority
- § 90.5037(3), Fla. Stat. — A human-trafficking victim may refuse and prevent disclosure of confidential communications to, and records of, a trafficking victim advocate or trained volunteer; disclosure requires the victim’s prior written consent.
- (5) Training: the advocate must complete 24 hours of human-trafficking training and an 8-hour update within 3 years.
- Federal note: no numbered FRE counterpart; addressed in federal court through Fed. R. Evid. 501 common law.
Federal Parallel
There is no numbered federal counterpart. Any federal recognition of such a privilege arises through federal common law under Fed. R. Evid. 501; Florida codifies it in § 90.5037, the most recent addition to its victim-advocate privileges.
About this rule walkthrough
Part of The Evidence Code, hosted by John M. Phillips — Board Certified Civil Trial Lawyer, Court TV analyst, admitted in 8 states + 9 federal districts + SCOTUS.
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Educational only — not legal advice.
Rule Text (verbatim from the Florida Supreme Court)
(1) Definitions establish an “anti-human trafficking organization,” a “human trafficking victim,” a “human trafficking victim advocate,” and a “trained volunteer.”
(2) A communication between a human trafficking victim advocate or trained volunteer and a human trafficking victim is confidential if not intended to be disclosed to third persons other than those furthering the victim’s interest, those necessary to transmit it, or those to whom disclosure is reasonably necessary to accomplish the purposes for which the advocate is consulted.
(3) A human trafficking victim has a privilege to refuse to disclose, and to prevent any other person from disclosing, a confidential communication made to a human trafficking victim advocate or trained volunteer, or a record made in the course of advising, counseling, or providing services. Such communication or record may be disclosed only with the prior written consent of the victim. The privilege includes any advice given in the course of that relationship.
(4) The privilege may be claimed by the victim or the victim’s attorney; a guardian or conservator; the personal representative of a deceased victim; or the advocate or trained volunteer, but only on behalf of the victim (authority presumed).
(5) The advocate or trained volunteer must complete 24 hours of human trafficking training (delivered by the Office of the Attorney General, the Bureau of Criminal Justice Programs and Victim Services, and the Florida Crime Prevention Training Institute) and, within 3 years, an 8-hour update course.
Educational reference. Educational only — not legal advice.
What this rule means in plain English
Section 90.5037 gives a human-trafficking victim a privilege over confidential communications to, and records of, a trafficking victim advocate or trained volunteer, disclosable only with the victim’s prior written consent; advocates must complete 24 hours of training plus an 8-hour update within 3 years.