Fla. Stat. 90.503
Psychotherapist-patient privilege

(1)

For purposes of this section:A “psychotherapist” is:
A person authorized to practice medicine in any state or nation, or reasonably believed by the patient so to be, who is engaged in the diagnosis or treatment of a mental or emotional condition, including alcoholism and other drug addiction;
A person licensed or certified as a psychologist under the laws of any state or nation, who is engaged primarily in the diagnosis or treatment of a mental or emotional condition, including alcoholism and other drug addiction;
A person licensed or certified as a clinical social worker, marriage and family therapist, or mental health counselor under the laws of this state, who is engaged primarily in the diagnosis or treatment of a mental or emotional condition, including alcoholism and other drug addiction;
Treatment personnel of facilities licensed by the state pursuant to chapter 394, chapter 395, or chapter 397, of facilities designated by the Department of Children and Families pursuant to chapter 394 as treatment facilities, or of facilities defined as community mental health centers pursuant to s. 394.907(1), who are engaged primarily in the diagnosis or treatment of a mental or emotional condition, including alcoholism and other drug addiction; or
An advanced practice registered nurse licensed under s. 464.012, whose primary scope of practice is the diagnosis or treatment of mental or emotional conditions, including chemical abuse, and limited only to actions performed in accordance with part I of chapter 464.
A “patient” is a person who consults, or is interviewed by, a psychotherapist for purposes of diagnosis or treatment of a mental or emotional condition, including alcoholism and other drug addiction.A communication between psychotherapist and patient is “confidential” if it is not intended to be disclosed to third persons other than:
Those persons present to further the interest of the patient in the consultation, examination, or interview.
Those persons necessary for the transmission of the communication.
Those persons who are participating in the diagnosis and treatment under the direction of the psychotherapist.

(a)

A “psychotherapist” is:A person authorized to practice medicine in any state or nation, or reasonably believed by the patient so to be, who is engaged in the diagnosis or treatment of a mental or emotional condition, including alcoholism and other drug addiction;A person licensed or certified as a psychologist under the laws of any state or nation, who is engaged primarily in the diagnosis or treatment of a mental or emotional condition, including alcoholism and other drug addiction;A person licensed or certified as a clinical social worker, marriage and family therapist, or mental health counselor under the laws of this state, who is engaged primarily in the diagnosis or treatment of a mental or emotional condition, including alcoholism and other drug addiction;Treatment personnel of facilities licensed by the state pursuant to chapter 394, chapter 395, or chapter 397, of facilities designated by the Department of Children and Families pursuant to chapter 394 as treatment facilities, or of facilities defined as community mental health centers pursuant to s. 394.907(1), who are engaged primarily in the diagnosis or treatment of a mental or emotional condition, including alcoholism and other drug addiction; orAn advanced practice registered nurse licensed under s. 464.012, whose primary scope of practice is the diagnosis or treatment of mental or emotional conditions, including chemical abuse, and limited only to actions performed in accordance with part I of chapter 464.
1. A person authorized to practice medicine in any state or nation, or reasonably believed by the patient so to be, who is engaged in the diagnosis or treatment of a mental or emotional condition, including alcoholism and other drug addiction;
2. A person licensed or certified as a psychologist under the laws of any state or nation, who is engaged primarily in the diagnosis or treatment of a mental or emotional condition, including alcoholism and other drug addiction;
3. A person licensed or certified as a clinical social worker, marriage and family therapist, or mental health counselor under the laws of this state, who is engaged primarily in the diagnosis or treatment of a mental or emotional condition, including alcoholism and other drug addiction;
4. Treatment personnel of facilities licensed by the state pursuant to chapter 394, chapter 395, or chapter 397, of facilities designated by the Department of Children and Families pursuant to chapter 394 as treatment facilities, or of facilities defined as community mental health centers pursuant to s. 394.907(1), who are engaged primarily in the diagnosis or treatment of a mental or emotional condition, including alcoholism and other drug addiction; or
5. An advanced practice registered nurse licensed under s. 464.012, whose primary scope of practice is the diagnosis or treatment of mental or emotional conditions, including chemical abuse, and limited only to actions performed in accordance with part I of chapter 464.

(b)

A “patient” is a person who consults, or is interviewed by, a psychotherapist for purposes of diagnosis or treatment of a mental or emotional condition, including alcoholism and other drug addiction.

(c)

A communication between psychotherapist and patient is “confidential” if it is not intended to be disclosed to third persons other than:Those persons present to further the interest of the patient in the consultation, examination, or interview.Those persons necessary for the transmission of the communication.Those persons who are participating in the diagnosis and treatment under the direction of the psychotherapist.
1. Those persons present to further the interest of the patient in the consultation, examination, or interview.
2. Those persons necessary for the transmission of the communication.
3. Those persons who are participating in the diagnosis and treatment under the direction of the psychotherapist.

(2)

A patient has a privilege to refuse to disclose, and to prevent any other person from disclosing, confidential communications or records made for the purpose of diagnosis or treatment of the patient’s mental or emotional condition, including alcoholism and other drug addiction, between the patient and the psychotherapist, or persons who are participating in the diagnosis or treatment under the direction of the psychotherapist. This privilege includes any diagnosis made, and advice given, by the psychotherapist in the course of that relationship.

(3)

The privilege may be claimed by:The patient or the patient’s attorney on the patient’s behalf.A guardian or conservator of the patient.The personal representative of a deceased patient.The psychotherapist, but only on behalf of the patient. The authority of a psychotherapist to claim the privilege is presumed in the absence of evidence to the contrary.

(a)

The patient or the patient’s attorney on the patient’s behalf.

(b)

A guardian or conservator of the patient.

(c)

The personal representative of a deceased patient.

(d)

The psychotherapist, but only on behalf of the patient. The authority of a psychotherapist to claim the privilege is presumed in the absence of evidence to the contrary.

(4)

There is no privilege under this section:For communications relevant to an issue in proceedings to compel hospitalization of a patient for mental illness, if the psychotherapist in the course of diagnosis or treatment has reasonable cause to believe the patient is in need of hospitalization.For communications made in the course of a court-ordered examination of the mental or emotional condition of the patient.For communications relevant to an issue of the mental or emotional condition of the patient in any proceeding in which the patient relies upon the condition as an element of his or her claim or defense or, after the patient’s death, in any proceeding in which any party relies upon the condition as an element of the party’s claim or defense.

(a)

For communications relevant to an issue in proceedings to compel hospitalization of a patient for mental illness, if the psychotherapist in the course of diagnosis or treatment has reasonable cause to believe the patient is in need of hospitalization.

(b)

For communications made in the course of a court-ordered examination of the mental or emotional condition of the patient.

(c)

For communications relevant to an issue of the mental or emotional condition of the patient in any proceeding in which the patient relies upon the condition as an element of his or her claim or defense or, after the patient’s death, in any proceeding in which any party relies upon the condition as an element of the party’s claim or defense.

Source: Section 90.503 — Psychotherapist-patient privilege, https://www.­flsenate.­gov/Laws/Statutes/2024/0090.­503 (accessed Aug. 7, 2025).

90.91
Photographs of property wrongfully taken 90.101
Short title 90.102
Construction 90.103
Scope 90.104
Rulings on evidence 90.105
Preliminary questions 90.106
Summing up and comment by judge 90.107
Limited admissibility 90.108
Introduction of related writings or recorded statements 90.201
Matters which must be judicially noticed 90.202
Matters which may be judicially noticed 90.203
Compulsory judicial notice upon request 90.204
Determination of propriety of judicial notice and nature of matter noticed 90.205
Denial of a request for judicial notice 90.206
Instructing jury on judicial notice 90.207
Judicial notice by trial court in subsequent proceedings 90.301
Presumption defined 90.302
Classification of rebuttable presumptions 90.303
Presumption affecting the burden of producing evidence defined 90.304
Presumption affecting the burden of proof defined 90.401
Definition of relevant evidence 90.402
Admissibility of relevant evidence 90.403
Exclusion on grounds of prejudice or confusion 90.404
Character evidence 90.405
Methods of proving character 90.406
Routine practice 90.407
Subsequent remedial measures 90.408
Compromise and offers to compromise 90.409
Payment of medical and similar expenses 90.410
Offer to plead guilty 90.501
Privileges recognized only as provided 90.502
Lawyer-client privilege 90.503
Psychotherapist-patient privilege 90.504
Husband-wife privilege 90.505
Privilege with respect to communications to clergy 90.506
Privilege with respect to trade secrets 90.507
Waiver of privilege by voluntary disclosure 90.508
Privileged matter disclosed under compulsion or without opportunity to claim privilege 90.509
Application of privileged communication 90.510
Privileged communication necessary to adverse party 90.601
General rule of competency 90.603
Disqualification of witness 90.604
Lack of personal knowledge 90.605
Oath or affirmation of witness 90.606
Interpreters and translators 90.607
Competency of certain persons as witnesses 90.608
Who may impeach 90.609
Character of witness as impeachment 90.610
Conviction of certain crimes as impeachment 90.611
Religious beliefs or opinions 90.612
Mode and order of interrogation and presentation 90.613
Refreshing the memory of a witness 90.614
Prior statements of witnesses 90.615
Calling witnesses by the court 90.616
Exclusion of witnesses 90.701
Opinion testimony of lay witnesses 90.702
Testimony by experts 90.703
Opinion on ultimate issue 90.704
Basis of opinion testimony by experts 90.705
Disclosure of facts or data underlying expert opinion 90.706
Authoritativeness of literature for use in cross-examination 90.801
Hearsay 90.802
Hearsay rule 90.803
Hearsay exceptions 90.804
Hearsay exceptions 90.805
Hearsay within hearsay 90.806
Attacking and supporting credibility of declarant 90.901
Requirement of authentication or identification 90.902
Self-authentication 90.903
Testimony of subscribing witness unnecessary 90.951
Definitions 90.952
Requirement of originals 90.953
Admissibility of duplicates 90.954
Admissibility of other evidence of contents 90.955
Public records 90.956
Summaries 90.957
Testimony or written admissions of a party 90.958
Functions of court and jury 90.2035
Judicial notice of information taken from web mapping services, global satellite imaging sites, or Internet mapping tools 90.4025
Admissibility of paternity determination in certain criminal prosecutions 90.4026
Statements expressing sympathy 90.5015
Journalist’s privilege 90.5021
Fiduciary lawyer-client privilege 90.5035
Sexual assault counselor-victim privilege 90.5036
Domestic violence advocate-victim privilege 90.5037
Human trafficking victim advocate-victim privilege 90.5055
Accountant-client privilege 90.6063
Interpreter services for deaf persons

Current through Fall 2025

§ 90.503. Psychotherapist-patient privilege's source at flsenate​.gov