Except as otherwise provided by this chapter, any other statute, or the Constitution of the United States or the State Constitution, no person in a legal proceeding has a privilege to:
- (1) Refuse to be a witness.
- (2) Refuse to disclose any matter.
- (3) Refuse to produce any object or writing.
- (4) Prevent another from being a witness, from disclosing any matter, or from producing any object or writing.
No General Right to Secrecy: This foundational statute establishes that, as a general rule, no person has a right to refuse to provide evidence in a legal proceeding. The default rule is that "every person's evidence is due" in court.
Privileges Must Be Created by Law: This statute makes it clear that evidentiary privileges are not created by judges or based on a general right to privacy. A privilege can only exist if it is explicitly granted by a specific, high-level source of law. In Florida, those sources are:
- The Florida Evidence Code itself (the statutes in the 90.500s).
- Other Florida statutes.
- The Florida Constitution.
- The Constitution of the United States.
Unless a privilege is found in one of these sources, a person cannot refuse to testify, disclose information, or produce an item when lawfully required to do so in court.