Florida/Georgia Personal Injury & Workers Compensation

...ication was privileged at the time it was made. " See ch. 76-237, § 1, at 566, Laws of Fla. (creating section 90.509). [13] See, e.g., § 44.405, Fla. Stat. (2006) (providing a privilege for all mediation parties regarding mediation communication); § 90.5015, Fla....

...ermination in certain criminal prosecutions); 96-330, section 2 (changing a statutory reference in section 90.803(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 90.5036, Florida Statutes, Domestic violence advocate-victim privilege); 99-2, section 27 (changing a statutory reference in se...

...When the legislature created the journalist's privilege, the legislature said in plain words that it is "a qualified privilege not to be a witness concerning ... information... that the professional journalist has obtained while actively gathering news." § 90.5015(2), Fla....

...supporting the death penalty, which was eventually imposed in that case. Notably, our holding in this case is consistent with the recently created "journalist's *228 privilege." That legislation, chapter 98-48, Laws of Florida, provides as follows: Section 90.5015, Florida Statutes, is created to read: 90.5015 Journalist's privilege....

...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 privilege set forth in section 90.5015, Florida Statutes (2013)....

...In the articles, the reporters noted that Happ blinked and moved his head several times in the minutes following introduction of midazolam hydrochloride. - 13 -  The reporters filed motions to quash the subpoenas based on section 90.5015, which creates a qualified journalist‟s privilege against compelled testimony under certain circumstances. That section provides in pertinent part as follows: 90.5015....

...ournalist 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. § 90.5015 (1)-(5), Fla....

...In order to overcome the privilege, the party must demonstrate that the journalist‟s information is relevant, that the information cannot be reasonably obtained from alternative sources, and that a compelling interest exists requiring disclosure. See § 90.5015(2)(a)-(c), Fla....

...and that he had a compelling interest in the information because of the constitutional nature of his claim. We conclude that the circuit court did not abuse its discretion in quashing these two subpoenas based on the qualified privilege in section 90.5015....

...2011) (holding that the circuit court did not err in excluding as inadmissible hearsay the affidavits of two reporters, and newspaper articles written by them, detailing their accounts of an execution). Because Muhammad failed to overcome the qualified journalist‟s privilege under section 90.5015, and because the news articles were inadmissible hearsay, the circuit court did not abuse its discretion in quashing the subpoenas and in excluding the articles. - 17 -  B....

...This protection has been historically applied to prevent compelled disclosure of the identity of confidential sources as well as the information acquired from confidential sources in the newsgathering process. 669 So.2d at 317 (citations omitted). 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 gathering news." § 90.5015(2), Fla....

...See Liberty Mut. Ins. Co. v. Lease America, *950 Inc., 735 So.2d 560 (Fla. 4th DCA 1999); Abamar Hous. & Dev., Inc. v. Lisa Daly Lady Decor, Inc., 698 So.2d 276 (Fla. 3d DCA 1997). Equally, we also reject Carroll's argument that the privilege was overcome under section 90.5015(2). Carroll failed to make the clear and specific showing required to overcome the privilege under this section, and the trial court also failed to make the required clear and specific findings for such a result. §§ 90.5015(2) and (3), Fla....

...Kaney, Jr., of Cobb, Cole & Bell, Daytona Beach, for Petitioners. Kevin Kitpatrick Carson of Kevin "Kit" Carson, P.A., Daytona Beach, for Respondent. W. SHARP, J. The issue in this case is whether Florida's qualified journalist's privilege statute, section 90.5015(2), Florida Statutes (Supp....

...4th DCA 1997) (voluntary disclosure of client lists alleged to be privileged trade secrets would waive privilege). [3] See Maressa v. New Jersey Monthly, 89 N.J. 176, 445 A.2d 376 (1982); Coughlin v. Westinghouse Broadcasting and Cable, Inc., 603 F.Supp. 377 (E.D.Pa.), affirmed, 780 F.2d 340 (3d Cir.1985). [4] § 90.5015(2)(a), Fla. Stat. [5] See New York Times v. Sullivan, 376 U.S. 254, 84 S.Ct. 710, 11 L.Ed.2d 686 (1979). [6] See Gertz v. Robert Welch, Inc., 418 U.S. 323, 94 S.Ct. 2997, 41 L.Ed.2d 789 (1974). [7] § 90.5015(2)(b), Fla. Stat. [8] § 90.5015(2)(c), Fla....

specified information. The bill, which created Section 90.5015, Florida Statutes, was signed by the Governor

...newscast involving Coast. After the broadcast, Coast sued various former employees for breach of their confidentiality agreements and then subpoenaed Ulrich to obtain the identities of the employees that Ulrich spoke with in his investigation. *143 Section 90.5015, Florida Statutes (effective May 12, 1998), provides in part: (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....

...Privileges contravene the fundamental principle that the public has a right to every man's evidence. See, Trammel v. U.S., 445 U.S. 40, 100 S.Ct. 906, 63 L.Ed.2d 186 (1980); Graham & Glazier, The Handbook of Florida Evidence, § 501.1, p. 308 (1996). Section 90.5015, Florida Statutes, recognizes a qualified journalist's privilege in Florida....

...im (§ 90.5035(1)(e)1., 2., 3.), domestic violence advocate-victim (§ 90.5036(1)(d)1., 2.), clergy (§ 90.505(1)(b)), and accountant-client (§ 90.5055(1)(c)1., 2.). Such language is missing from the provisions of both the journalist’s privilege (§ 90.5015) and the spousal privilege (§ 90.504). 3 In analyzing the breadth of the privilege and scope of the waiver, courts have often analogized the psychotherapist-patient privilege to the attorney-client privilege....

journalist enjoys a qualified privilege under section 90.5015, Florida Statutes (2016), to not be a witness

protected by the journalist privilege pursuant to section 90.5015, Florida Statutes (2019). We conclude that

the trial court can consider the pertinence of § 90.5015, Fla. Stat. (Supp.1998), at its earliest convenience

under Florida’s “journalist’s privilege,” section 90.5015, Florida Statutes (2010). We find that WTVJ

asserted the journalist qualified privilege under section 90.5015, Florida Statute.1 Jones has filed a suggestion