Fla. Stat. § 90.509 — Application of privileged communication

Nothing in this act shall abrogate a privilege for any communication which was made prior to July 1, 1979, if such communication was privileged at the time it was made.


This statute is a "grandfather clause" that was important when the Florida Evidence Code was first enacted. It ensures that the adoption of the new code did not retroactively destroy a privilege that was validly created under the old common law rules. In essence, if a communication was considered privileged before July 1, 1979, it remains privileged today.