Florida Statutes

Fla. Stat. § 90.5015 (2025)

Journalist’s privilege.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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90.5015 Journalist’s privilege.
(1) DEFINITIONS.For purposes of this section, the term:
(a) “News” means information of public concern relating to local, statewide, national, or worldwide issues or events.
(b) “Professional journalist” means a person regularly engaged in collecting, photographing, recording, writing, editing, reporting, or publishing news, for gain or livelihood, who obtained the information sought while working as a salaried employee of, or independent contractor for, a newspaper, news journal, news agency, press association, wire service, radio or television station, network, or news magazine. Book authors and others who are not professional journalists, as defined in this paragraph, are not included in the provisions of this section.
(2) PRIVILEGE.A professional journalist has a qualified privilege not to be a witness concerning, and not to disclose the information, including the identity of any source, that the professional journalist has obtained while actively gathering news. This privilege applies only to information or eyewitness observations obtained within the normal scope of employment and does not apply to physical evidence, eyewitness observations, or visual or audio recording of crimes. A party seeking to overcome this privilege must make a clear and specific showing that:
(a) The information is relevant and material to unresolved issues that have been raised in the proceeding for which the information is sought;
(b) The information cannot be obtained from alternative sources; and
(c) A compelling interest exists for requiring disclosure of the information.
(3) DISCLOSURE.A court shall order disclosure pursuant to subsection (2) only of that portion of the information for which the showing under subsection (2) has been made and shall support such order with clear and specific findings made after a hearing.
(4) WAIVER.A professional journalist does not waive the privilege by publishing or broadcasting information.
(5) CONSTRUCTION.This section must not be construed to limit any privilege or right provided to a professional journalist under law.
(6) AUTHENTICATION.Photographs, diagrams, video recordings, audio recordings, computer records, or other business records maintained, disclosed, provided, or produced by a professional journalist, or by the employer or principal of a professional journalist, may be authenticated for admission in evidence upon a showing, by affidavit of the professional journalist, or other individual with personal knowledge, that the photograph, diagram, video recording, audio recording, computer record, or other business record is a true and accurate copy of the original, and that the copy truly and accurately reflects the observations and facts contained therein.
(7) ACCURACY OF EVIDENCE.If the affidavit of authenticity and accuracy, or other relevant factual circumstance, causes the court to have clear and convincing doubts as to the authenticity or accuracy of the proffered evidence, the court may decline to admit such evidence.
(8) SEVERABILITY.If any provision of this section or its application to any particular person or circumstance is held invalid, that provision or its application is severable and does not affect the validity of other provisions or applications of this section.
History.s. 1, ch. 98-48; s. 20, ch. 2023-8.
Notes of Decisions
Cited in 21 cases (3 in the last 5 years), 1998–2025 · leading case: Askari Abdullah Muhammad f/k/a Thomas Knight v. State of Florida, 132 So. 3d 176 (Fla. 2014).
Askari Abdullah Muhammad f/k/a Thomas Knight v. State of Florida, 132 So. 3d 176 (Fla. 2014). · cites it 13× “Ruling Quashing Journalists‟ Subpoenas and Excluding News Articles The circuit court quashed subpoenas issued by Muhammad‟s counsel to Associated Press reporter Brendan Farrington and to Gainesville Sun newspaper reporter Morgan Watkins based on the qualified journalist‟s…”
Florida Hosp. Waterman, Inc. v. Buster, 984 So. 2d 478 (Fla. 2008). · cites it 2× “(2006) (providing a privilege for all mediation parties regarding mediation communication); § 90.5015, Fla. Stat. (2006) (providing for journalist's privilege); § 90.”
TheStreet. Com, Inc. v. Carroll, 20 So. 3d 947 (Fla. 4th DCA 2009). · cites it 6× “The privilege is governed by section 90.5015, Florida Statutes, which expressly provides a professional journalist with a qualified privilege not to disclose “the information, including the identity of any source, that the professional journalist has obtained while actively…”
McCarty v. Bankers Ins., 195 F.R.D. 39 (N.D. Fla. 1998). · cites it 11× “” Fla. Stat. § 90.5015 (2)(a). McCarty asserts that the information sought goes directly to the “heart of’ his claims of defamation and intentional interference with McCarty’s employment relationship with the DOI.”
Glenn R. Funk v. Scripps Media, Inc., 570 S.W.3d 205 (Tenn. 2019). “13, 2018); Fla. Stat. Ann. § 90.5015 (West, Westlaw through 2018 2nd Reg.”
United States v. Jeffrey Sterling, 724 F.3d 482 (4th Cir. 2013). · cites it 2× “Code § 16-4701 ; Fla. Stat. § 90.5015 ; Ga. Code Ann. § 24-9-30 ; Haw.”
News-Journal Corp. v. Carson, 741 So. 2d 572 (Fla. 5th DCA 1999). · cites it 8× “The issue in this case is whether Florida's qualified journalist's privilege statute, section 90.5015(2), Florida Statutes (Supp.”
State v. Famiglietti, 817 So. 2d 901 (Fla. 3d DCA 2002). · cites it 2× “" § 90.5015(2), Fla. Stat. (2001) (emphasis added).”
In Re Amendments to Fla. Evidence Code, 782 So. 2d 339 (Fla. 2000). · cites it 2× “803(8), Florida Statutes, Hearsay exceptions; availability of declarant immaterial; Public Records and Reports); 98-48, section 1 (creating section 90.5015, Florida Statutes, Journalist's privilege); 98-403, section 127 (changing a statutory reference in section 90.”
State v. Davis, 720 So. 2d 220 (Fla. 1998). · cites it 2× “" That legislation, chapter 98-48, Laws of Florida, provides as follows: Section 90.5015, Florida Statutes, is created to read: 90.”
Ulrich v. Coast Dental Servs., Inc., 739 So. 2d 142 (Fla. 5th DCA 1999). · cites it 4× “*143 Section 90.5015, Florida Statutes (effective May 12, 1998), provides in part: (2) PRIVILEGE.”
Ocala Star Banner Corp. v. State, 721 So. 2d 838 (Fla. 5th DCA 1998). · cites it 3× “Petitioners asserted the journalist qualified privilege under section 90.5015, Florida Statute. 1 Jones has filed a suggestion of mootness, stating that the subpoena has been withdrawn and Lloyd is no longer compelled to give testimony.”
— 90.5015(1)(b) — 1 case
— 90.5015(2) — 6 cases
State v. Famiglietti, 817 So. 2d 901 (Fla. 3d DCA 2002). “" § 90.5015(2), Fla. Stat. (2001) (emphasis added).”
TheStreet. Com, Inc. v. Carroll, 20 So. 3d 947 (Fla. 4th DCA 2009). “The privilege is governed by section 90.5015, Florida Statutes, which expressly provides a professional journalist with a qualified privilege not to disclose “the information, including the identity of any source, that the professional journalist has obtained while actively…”
News-Journal Corp. v. Carson, 741 So. 2d 572 (Fla. 5th DCA 1999). “The issue in this case is whether Florida's qualified journalist's privilege statute, section 90.5015(2), Florida Statutes (Supp.”
Ocala Star Banner Corp. v. State, 721 So. 2d 838 (Fla. 5th DCA 1998). “Petitioners asserted the journalist qualified privilege under section 90.5015, Florida Statute. 1 Jones has filed a suggestion of mootness, stating that the subpoena has been withdrawn and Lloyd is no longer compelled to give testimony.”
— 90.5015(2)(a) — 2 cases
Askari Abdullah Muhammad f/k/a Thomas Knight v. State of Florida, 132 So. 3d 176 (Fla. 2014). “Ruling Quashing Journalists‟ Subpoenas and Excluding News Articles The circuit court quashed subpoenas issued by Muhammad‟s counsel to Associated Press reporter Brendan Farrington and to Gainesville Sun newspaper reporter Morgan Watkins based on the qualified journalist‟s…”
News-Journal Corp. v. Carson, 741 So. 2d 572 (Fla. 5th DCA 1999). “The issue in this case is whether Florida's qualified journalist's privilege statute, section 90.5015(2), Florida Statutes (Supp.”
— 90.5015(2)(b) — 1 case
News-Journal Corp. v. Carson, 741 So. 2d 572 (Fla. 5th DCA 1999). “The issue in this case is whether Florida's qualified journalist's privilege statute, section 90.5015(2), Florida Statutes (Supp.”
— 90.5015(2)(c) — 1 case
News-Journal Corp. v. Carson, 741 So. 2d 572 (Fla. 5th DCA 1999). “The issue in this case is whether Florida's qualified journalist's privilege statute, section 90.5015(2), Florida Statutes (Supp.”
— 90.5015(l) — 1 case
Askari Abdullah Muhammad f/k/a Thomas Knight v. State of Florida, 132 So. 3d 176 (Fla. 2014). “Ruling Quashing Journalists‟ Subpoenas and Excluding News Articles The circuit court quashed subpoenas issued by Muhammad‟s counsel to Associated Press reporter Brendan Farrington and to Gainesville Sun newspaper reporter Morgan Watkins based on the qualified journalist‟s…”
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