Clergy Privilege Tampa Bay

Florida Court Ruling Rocks Child Abuse Reporting – What Tampa Bay Residents Need to Know

Navigating Faith, Confidentiality, and Florida Law in the Tampa Bay Area

A recent Florida Third District Court of Appeal decision has sent ripples through religious and legal circles, especially here in the Tampa Bay area. The case, Castano v. State, No. 3D22-2081, (Fla. 3d DCA, May 14, 2025),  reversed child sexual abuse convictions. Why? The court found that a pastor’s testimony about a confidential spiritual conversation was protected by Florida’s clergy-penitent privilege and should never have been admitted.

This ruling has significant implications for Tampa Bay clergy and residents, particularly in how clergy privilege in Tampa Bay intersects with mandatory reporting laws, especially concerning alleged child abuse. Understanding your rights and these protections is crucial.

The Castano Case: A Tampa Bay Perspective on a Statewide Ruling

Fernando Castano faced severe charges, including capital sexual battery. A key piece of evidence against him was testimony from Pastor Lakhi Dadlani. The pastor stated that Castano admitted to sexual contact with his daughter during a counseling session.

Castano’s defense attorney, much like a dedicated Tampa criminal defense lawyer, argued that Florida’s clergy communication privilege protected this conversation. The trial court disagreed, and its decision led to Castano’s conviction and life sentence. However, the appellate court overturned the trial court’s decision, emphasizing that the spiritual counseling session was indeed privileged.

What Exactly is Florida’s Clergy Communication Privilege?

For Tampa Bay residents seeking spiritual guidance, understanding this privilege is key. Under Florida Statute § 90.505, confidential communications with a clergy member are protected from disclosure in court. For this protection to apply:

• The communication must be with a recognized clergy member (pastor, rabbi, imam, priest, etc.).
• It must occur privately.
• The purpose must be spiritual counsel or advice.
• It must not be intended for further disclosure, except to aid the counseling process.

In the Castano case, the court determined all these conditions were met. Even the pastor contacting Castano’s wife was seen as part of the family counseling, not a breach of that sacred trust. This is a vital point for anyone in Hillsborough, Pinellas, or surrounding Tampa Bay counties seeking such counsel.

But Isn’t Reporting Child Abuse Mandatory for Clergy in Florida?

This is where it gets nuanced, and where many Tampa Bay residents might have questions. Florida law does require many professionals to report suspected child abuse. However, Florida Statute § 39.204 carves out a critical exception. It explicitly states that the clergy privilege (under § 90.505) and attorney-client privilege still apply even when known or suspected child abuse is involved.

Essentially, the Florida Legislature made a deliberate choice: spiritual conversations with clergy remain protected, even if they involve discussions of child abuse. This underscores the sanctity of clergy privilege in Tampa Bay and across Florida.

Why the Court Sided with Clergy Privilege

The appellate court was clear: Castano’s admissions to Pastor Dadlani happened during private spiritual counseling and were not meant for outside ears. The law, the court stressed, shields these clergy-penitent conversations, regardless of the gravity of the charges. Admitting the pastor’s testimony was a significant error, leading to the reversal of convictions related to child abuse. (Convictions for assault, battery, and robbery from a separate domestic incident remained.)

What About Your Conversations with a Tampa Criminal Defense Attorney?

Castano’s defense attorney, much like a dedicated Tampa criminal defense lawyer, argued that Florida’s clergy communication privilege protected this conversation. The trial court disagreed, and its decision led to Castano’s conviction and life sentence. However, the appellate court overturned the trial court’s decision, emphasizing the privileged nature of the spiritual counseling session. This attorney-client privilege is absolute in Florida. Whether it’s about past conduct, child abuse allegations, or any other sensitive matter, what you tell your lawyer in confidence stays confidential. This protection ensures you can be completely honest, allowing your attorney to build the strongest possible defense for you.

Why This Ruling Matters for Tampa Bay Residents

The Castano decision is a powerful reminder for everyone in the Tampa Bay region:

1. Know Your Rights: Clergy privilege is complex. Not all courts or even lawyers fully grasp its strength, especially against mandatory reporting arguments.
2. Assert Your Privilege: If your spiritual advisor is asked to testify against you, your Tampa Bay defense team must know how to fight to exclude that testimony based on clergy privilege Tampa Bay standards.
3. Policy Choice: Florida has chosen to protect spiritual confidentiality. This decision has real-world consequences in criminal courts throughout Tampa Bay and the state.

The Brancato Law Firm: Protecting Your Rights and Privacy in Tampa Bay

At The Brancato Law Firm, P.A., we are deeply familiar with the nuances of evidentiary rules, including clergy and attorney-client privilege. Rocky Brancato has over 25 years of experience defending clients in serious criminal cases across Tampa Bay, including sex crimes and child abuse allegations. He understands the critical line between privileged communication and disclosure and has successfully litigated these issues in complex Tampa Bay criminal defense cases.

If you’re facing criminal charges in the Tampa Bay area and have had confidential conversations with a pastor, therapist, or lawyer, don’t wait. Contact us before those words can be twisted or used against you. We will meticulously evaluate if privilege applies and vigorously fight to keep your protected conversations out of court.

Before you hire an attorney, read Rocky’s Book, How to Choose a Major Crimes Attorney – or Any Criminal Defense Attorney for That Matter, available for purchase on Amazon or for free download on our site.

Facing charges in Hillsborough, Pinellas, Pasco, or Polk County? Call The Brancato Law Firm at (813) 727-7159 today for a confidential consultation to discuss clergy privilege in Tampa Bay and your defense.