§ 90.505, Fla. Stat. — Privilege With Respect to Communications to Clergy
Plain English
The clergy privilege protects what you say to a member of the clergy when you’re seeking spiritual counsel. A person can refuse to disclose, and prevent others from disclosing, a confidential communication made privately to a member of the clergy acting as a spiritual adviser in the usual course of their practice or discipline. Florida defines “member of the clergy” broadly — a priest, rabbi, Christian Science practitioner, or minister of any church or denomination (or someone reasonably believed to be one). The communication has to be private and for spiritual guidance; the person making it holds the privilege, though the clergy member can assert it on their behalf.
From the Courtroom
The clergy privilege turns on purpose and confidentiality. A private confession seeking spiritual guidance is protected. The same words said in a group setting, or to a pastor who was acting as a friend rather than a spiritual adviser, may not be. And it does not erase Florida’s mandatory child-abuse reporting duties — a point that surprises people on both sides.
Key Points & Authority
- § 90.505(2), Fla. Stat. — A person may refuse and prevent disclosure of a confidential communication made to a member of the clergy in the clergy’s capacity as spiritual adviser.
- Definitions (§ 90.505(1)): “member of the clergy” is defined broadly; the communication must be private, for spiritual counsel, and in the usual course of the clergy’s practice or discipline.
- Federal contrast: federal courts recognize a clergy-communicant privilege as a matter of federal common law under Fed. R. Evid. 501 — there is no numbered federal rule.
Federal Parallel
There is no numbered federal counterpart. Under Fed. R. Evid. 501, federal courts recognize a clergy-communicant (priest-penitent) privilege as a matter of federal common law, while Florida codifies it in § 90.505.
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) For the purposes of this section: (a) A “member of the clergy” is a priest, rabbi, practitioner of Christian Science, or minister of any religious organization or denomination usually referred to as a church, or an individual reasonably believed so to be by the person consulting him or her. (b) A communication is “confidential” if made privately for the purpose of seeking spiritual counsel and advice from the member of the clergy in the usual course of his or her practice or discipline and not intended for further disclosure except to other persons present in furtherance of the communication.
(2) A person has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication by the person to a member of the clergy in his or her capacity as spiritual adviser.
(3) The privilege may be claimed by: (a) The person. (b) The guardian or conservator of a person. (c) The personal representative of a deceased person. (d) The member of the clergy, on behalf of the person (authority presumed in the absence of evidence to the contrary).
Educational reference. Educational only — not legal advice.
What this rule means in plain English
Section 90.505 lets a person refuse and prevent disclosure of a confidential communication made privately to a member of the clergy, acting as a spiritual adviser in the usual course of practice; the person holds the privilege and the clergy may claim it on their behalf.