Florida Senate - 2020                                     SB 238
       
       
        
       By Senator Book
       
       
       
       
       
       32-00086A-20                                           2020238__
    1                        A bill to be entitled                      
    2         An act relating to child welfare; amending s. 39.204,
    3         F.S.; specifying that certain communication between a
    4         member of the clergy and a certain person is not
    5         exempt from child abuse reporting requirements;
    6         deleting an exemption for privileged communications to
    7         clergy relating to child abuse, abandonment, or
    8         neglect; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Section 39.204, Florida Statutes, is amended to
   13  read:
   14         39.204 Abrogation of privileged communications in cases
   15  involving child abuse, abandonment, or neglect.—The privileged
   16  quality of communication between husband and wife, between a
   17  member of the clergy and a person as described in s. 90.505, and
   18  between any professional person and his or her patient or
   19  client, and any other privileged communication except that
   20  between attorney and client or the privilege provided in s.
   21  90.505, as such communication relates both to the competency of
   22  the witness and to the exclusion of confidential communications,
   23  does shall not apply to any communication involving the
   24  perpetrator or alleged perpetrator in any situation involving
   25  known or suspected child abuse, abandonment, or neglect and does
   26  shall not constitute grounds for failure to report as required
   27  by s. 39.201 regardless of the source of the information
   28  requiring the report, failure to cooperate with law enforcement
   29  or the department in its activities pursuant to this chapter, or
   30  failure to give evidence in any judicial proceeding relating to
   31  child abuse, abandonment, or neglect.
   32         Section 2. This act shall take effect July 1, 2020.