Senate Bill sb2190

    Florida Senate - 2006                                  SB 2190

    By Senator Campbell





    32-1420-06

  1                      A bill to be entitled

  2         An act relating to the fiduciary lawyer-client

  3         privilege; creating s. 90.5021, F.S.; providing

  4         that a client acts as a fiduciary when serving

  5         in certain positions; providing that a

  6         communication between a lawyer and a client

  7         acting as a fiduciary is privileged and

  8         protected from disclosure; providing an

  9         effective date.

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11  Be It Enacted by the Legislature of the State of Florida:

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13         Section 1.  Section 90.5021, Florida Statutes, is

14  created to read:

15         90.5021  Fiduciary lawyer-client privilege.--

16         (1)  For the purpose of this section, a client acts as

17  a fiduciary when serving as a personal representative or a

18  trustee as defined in s. 731.201, an administrator ad litem as

19  described in s. 733.308, a curator as described in s. 733.501,

20  a guardian or guardian ad litem as defined in s. 744.102, a

21  conservator as defined in s. 710.102, or an attorney in fact

22  as described in chapter 709.

23         (2)  A communication between a lawyer and a client

24  acting as a fiduciary is privileged and protected from

25  disclosure under s. 90.502 to the same extent as if the client

26  were not acting as a fiduciary. In applying s. 90.502 to a

27  communication under this section, only the person or entity

28  acting as a fiduciary is considered a client of the lawyer.

29         Section 2.  This act shall take effect July 1, 2006.

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    Florida Senate - 2006                                  SB 2190
    32-1420-06




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 2                          SENATE SUMMARY

 3    Provides that a client acts as a fiduciary when serving
      in certain positions. Provides that a communication
 4    between a lawyer and a client acting as a fiduciary is
      privileged and protected from disclosure.
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CODING: Words stricken are deletions; words underlined are additions.