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Florida Statute 90.5015 - Full Text and Legal Analysis
Florida Statute 90.5015 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title VII
EVIDENCE
Chapter 90
EVIDENCE CODE
View Entire Chapter
F.S. 90.5015
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.

F.S. 90.5015 on Google Scholar

F.S. 90.5015 on CourtListener

Amendments to 90.5015


Annotations, Discussions, Cases:

Cases Citing Statute 90.5015

Total Results: 15

Florida Hosp. Waterman, Inc. v. Buster

984 So. 2d 478, 2008 WL 596700

Supreme Court of Florida | Filed: Mar 6, 2008 | Docket: 1288177

Cited 68 times | Published

mediation parties regarding mediation communication); § 90.5015, Fla. Stat. (2006) (providing for journalist's

In Re Amendments to Fla. Evidence Code

782 So. 2d 339, 25 Fla. L. Weekly Supp. 909, 2000 Fla. LEXIS 2043, 2000 WL 1587794

Supreme Court of Florida | Filed: Oct 26, 2000 | Docket: 456391

Cited 14 times | Published

Records and Reports); 98-48, section 1 (creating section 90.5015, Florida Statutes, Journalist's privilege);

State v. Famiglietti

817 So. 2d 901, 2002 WL 879409

District Court of Appeal of Florida | Filed: May 8, 2002 | Docket: 1430195

Cited 9 times | Published

has obtained while actively gathering news." § 90.5015(2), Fla. Stat. (2001) (emphasis added). The statute

State v. Davis

720 So. 2d 220, 1998 WL 732918

Supreme Court of Florida | Filed: Oct 22, 1998 | Docket: 1719051

Cited 7 times | Published

98-48, Laws of Florida, provides as follows: Section 90.5015, Florida Statutes, is created to read: 90.5015

Askari Abdullah Muhammad f/k/a Thomas Knight v. State of Florida

132 So. 3d 176

Supreme Court of Florida | Filed: Jan 3, 2014 | Docket: 400989

Cited 4 times | Published

qualified journalist‟s privilege set forth in section 90.5015, Florida Statutes (2013). The court also excluded

TheStreet. Com, Inc. v. Carroll

20 So. 3d 947, 2009 Fla. App. LEXIS 14516, 2009 WL 3110102

District Court of Appeal of Florida | Filed: Sep 30, 2009 | Docket: 1177537

Cited 3 times | Published

(citations omitted). The privilege is governed by section 90.5015, Florida Statutes, which expressly provides

News-Journal Corp. v. Carson

741 So. 2d 572, 1999 Fla. App. LEXIS 11129, 1999 WL 631700

District Court of Appeal of Florida | Filed: Aug 20, 1999 | Docket: 1511151

Cited 3 times | Published

qualified journalist's privilege statute, section 90.5015(2), Florida Statutes (Supp. 1998), bars discovery

Ulrich v. Coast Dental Services, Inc.

739 So. 2d 142, 27 Media L. Rep. (BNA) 2438, 1999 Fla. App. LEXIS 9524, 1999 WL 548973

District Court of Appeal of Florida | Filed: Jul 16, 1999 | Docket: 1688825

Cited 2 times | Published

Ulrich spoke with in his investigation. *143 Section 90.5015, Florida Statutes (effective May 12, 1998)

McCarty v. Bankers Insurance

195 F.R.D. 39, 27 Media L. Rep. (BNA) 1051, 1998 U.S. Dist. LEXIS 23078, 1998 WL 1285304

District Court, N.D. Florida | Filed: Jun 9, 1998 | Docket: 66012567

Cited 2 times | Published

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

State v. Avery Topps

142 So. 3d 978, 2014 WL 3730009, 2014 Fla. App. LEXIS 11606

District Court of Appeal of Florida | Filed: Jul 30, 2014 | Docket: 3598

Cited 1 times | Published

provisions of both the journalist’s privilege (§ 90.5015) and the spousal privilege (§ 90.504).

CABLE NEWS NETWORK, INC. v. MICHAEL BLACK, M.D., MBA

District Court of Appeal of Florida | Filed: Oct 7, 2020 | Docket: 18512285

Published

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

Palm Beach Newspapers, LLC v. Colin

199 So. 3d 556, 2016 Fla. App. LEXIS 13811, 2016 WL 4917049

District Court of Appeal of Florida | Filed: Sep 14, 2016 | Docket: 60256642

Published

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

WTVJ-NBC 6 v. Shehadeh

56 So. 3d 104, 2011 Fla. App. LEXIS 3181, 36 Fla. L. Weekly Fed. D 514

District Court of Appeal of Florida | Filed: Mar 9, 2011 | Docket: 60298492

Published

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

Ocala Star Banner Corp. v. State

721 So. 2d 838, 1998 Fla. App. LEXIS 15940, 1998 WL 880918

District Court of Appeal of Florida | Filed: Dec 18, 1998 | Docket: 64784674

Published

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

Olson v. Huggins

709 So. 2d 660, 1998 Fla. App. LEXIS 5807, 1998 WL 259901

District Court of Appeal of Florida | Filed: May 22, 1998 | Docket: 64780288

Published

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