Fla. Stat. § 90.505 — Privilege with respect to communications to clergy

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(1) For the purposes of this section:

  1. (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.
  2. (b) A communication between a member of the clergy and a person 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:

  1. (a) The person.
  2. (b) The guardian or conservator of a person.
  3. (c) The personal representative of a deceased person.
  4. (d) The member of the clergy, on behalf of the person. The member of the clergy’s authority to do so is presumed in the absence of evidence to the contrary.

Purpose of the Privilege: This privilege, often called the "priest-penitent" or "clergy communications" privilege, is designed to protect the sanctity of spiritual counseling. It allows individuals to seek guidance from religious leaders with the assurance that their confidential communications will be kept private.

Key Elements: For the privilege to apply, the communication must be:

  • Made to a "member of the clergy" (or someone reasonably believed to be one).
  • Made privately and intended to be confidential.
  • Made for the purpose of seeking spiritual counsel or advice.

Who Holds the Privilege?

The privilege belongs to the **person seeking counsel** (the penitent), not the member of the clergy. While the clergy member can assert the privilege on behalf of the person, only the person themselves can choose to waive it and allow the communication to be disclosed.

§ 90.504 § 90.5055
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