Fla. Stat. 90.5037
Human trafficking victim advocate-victim privilege


(1)

For purposes of this section, the term:“Anti-human trafficking organization” means a registered public or private agency that offers assistance to victims of the offense of human trafficking, as defined in s. 787.06(2).“Human trafficking victim” means a person who consults a human trafficking victim advocate or a trained volunteer for the purpose of securing advice, counseling, or services concerning a need arising from an experience of human trafficking exploitation.“Human trafficking victim advocate” means an employee of an anti-human trafficking organization whose primary purpose is to provide advice, counseling, or services to human trafficking victims and who complies with the training requirements under subsection (5).“Trained volunteer” means a person who volunteers with an anti-human trafficking organization and who complies with the training requirements under subsection (5).

(a)

“Anti-human trafficking organization” means a registered public or private agency that offers assistance to victims of the offense of human trafficking, as defined in s. 787.06(2).

(b)

“Human trafficking victim” means a person who consults a human trafficking victim advocate or a trained volunteer for the purpose of securing advice, counseling, or services concerning a need arising from an experience of human trafficking exploitation.

(c)

“Human trafficking victim advocate” means an employee of an anti-human trafficking organization whose primary purpose is to provide advice, counseling, or services to human trafficking victims and who complies with the training requirements under subsection (5).

(d)

“Trained volunteer” means a person who volunteers with an anti-human trafficking organization and who complies with the training requirements under subsection (5).

(2)

A communication between a human trafficking victim advocate or trained volunteer and a human trafficking victim is confidential if it is not intended to be disclosed to third persons other than:Those persons present to further the interest of the human trafficking victim in the consultation, examination, or interview.Those persons necessary for the transmission of the communication.Those persons to whom disclosure is reasonably necessary to accomplish the purposes for which the human trafficking victim advocate or trained volunteer is consulted.

(a)

Those persons present to further the interest of the human trafficking victim in the consultation, examination, or interview.

(b)

Those persons necessary for the transmission of the communication.

(c)

Those persons to whom disclosure is reasonably necessary to accomplish the purposes for which the human trafficking victim advocate or trained volunteer is consulted.

(3)

A human trafficking victim has a privilege to refuse to disclose, and to prevent any other person from disclosing, a confidential communication made by the human trafficking victim to a human trafficking victim advocate or trained volunteer or a record made in the course of advising, counseling, or providing services to the human trafficking victim. Such confidential communication or record may be disclosed only with the prior written consent of the human trafficking victim. This privilege includes any advice given by the human trafficking victim advocate or trained volunteer to the human trafficking victim in the course of that relationship.

(4)

The privilege may be claimed by:The human trafficking victim or the human trafficking victim’s attorney on his or her behalf.The guardian or conservator of the human trafficking victim.The personal representative of a deceased human trafficking victim.The human trafficking victim advocate or trained volunteer, but only on behalf of the human trafficking victim. The authority of a human trafficking victim advocate or trained volunteer to claim the privilege is presumed in the absence of evidence to the contrary.

(a)

The human trafficking victim or the human trafficking victim’s attorney on his or her behalf.

(b)

The guardian or conservator of the human trafficking victim.

(c)

The personal representative of a deceased human trafficking victim.

(d)

The human trafficking victim advocate or trained volunteer, but only on behalf of the human trafficking victim. The authority of a human trafficking victim advocate or trained volunteer to claim the privilege is presumed in the absence of evidence to the contrary.

(5)

A human trafficking victim advocate or a trained volunteer shall:Complete 24 hours of human trafficking training delivered by the Office of the Attorney General, the Bureau of Criminal Justice Programs and Victim Services, and the Florida Crime Prevention Training Institute.Within 3 years after completing the training required under paragraph (a), complete an 8-hour human trafficking update course.

(a)

Complete 24 hours of human trafficking training delivered by the Office of the Attorney General, the Bureau of Criminal Justice Programs and Victim Services, and the Florida Crime Prevention Training Institute.

(b)

Within 3 years after completing the training required under paragraph (a), complete an 8-hour human trafficking update course.

Source: Section 90.5037 — Human trafficking victim advocate-victim privilege, https://www.­flsenate.­gov/Laws/Statutes/2024/0090.­5037 (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

§ 90.5037. Human trafficking victim advocate-victim privilege's source at flsenate​.gov