The 2023 Florida Statutes (including Special Session C)

Title VII
EVIDENCE

Chapter 90
EVIDENCE CODE

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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

(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 Casetext

Amendments to 90.5015

Arrestable Offenses / Crimes under Fla. Stat. 90.5015

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 90.5015.

Annotations, Discussions, Cases:

Cases from cite.case.law:

PALM BEACH NEWSPAPERS, LLC d b a v. COLIN, 199 So. 3d 556 (Fla. Dist. Ct. App. 2016)

. . . A professional journalist enjoys a qualified privilege under section 90.5015, Florida Statutes (2016) . . .

STATE v. TOPPS,, 142 So. 3d 978 (Fla. Dist. Ct. App. 2014)

. . . Such language is missing from the provisions of both the journalist’s privilege (§ 90.5015) and the spousal . . .

MUHAMMAD f k a v. STATE, 132 So. 3d 176 (Fla. 2013)

. . . The reporters filed motions to quash the subpoenas based on section 90.5015, which creates a qualified . . . That section provides in pertinent part as follows: 90.5015. . . . not be construed to limit any privilege or right provided to a professional journalist under law. § 90.5015 . . . See § 90.5015(2)(a)-(c), Fla. Stat. (2013); McCarty v. Bankers Ins. . . . Because Muhammad failed to overcome the qualified journalist’s privilege under section 90.5015, and because . . .

UNITED STATES v. STERLING, ABC, ALM L. P. CBS L. P. E. W. L. L. C. LLC LLC LLC WNET,, 724 F.3d 482 (4th Cir. 2013)

. . . . § 90.5015; Ga.Code Ann. § 24-9-30; Haw.Rev.Stat. § 621, as amended by 2011 Haw. Sess. . . .

WTVJ- NBC v. A. SHEHADEH a k a A., 56 So. 3d 104 (Fla. Dist. Ct. App. 2011)

. . . and Burnside were entitled to a protective order under Florida’s “journalist’s privilege,” section 90.5015 . . . We find that WTVJ and Burnside were entitled to invoke the qualified privilege set forth in section 90.5015 . . . The Qualified Privilege Section 90.5015 was enacted in 1998 to protect “professional journalists” against . . . There is no dispute on this record that WTVJ and Burnside are entitled to invoke section 90.5015 with . . . han-dheld device, such as a Blackberry, to another without going through an intermediate server. . § 90.5015 . . .

THESTREET. COM, INC. v. CARROLL,, 20 So. 3d 947 (Fla. Dist. Ct. App. 2009)

. . . The privilege is governed by section 90.5015, Florida Statutes, which expressly provides a professional . . . identity of any source, that the professional journalist has obtained while actively gathering news.” § 90.5015 . . . Equally, we also reject Carroll’s argument that the privilege was overcome under section 90.5015(2). . . . the trial court also failed to make the required clear and specific findings for such a result. §§ 90.5015 . . .

FLORIDA HOSPITAL WATERMAN, INC. v. M. BUSTER, v., 984 So. 2d 478 (Fla. 2008)

. . . Stat. (2006) (providing a privilege for all mediation parties regarding mediation communication); § 90.5015 . . .

NEW YORK TIMES COMPANY, v. GONZALES,, 382 F. Supp. 2d 457 (S.D.N.Y. 2005)

. . . . § 90.5015; Ga. Code Ann. § 24-9-30; 735 Ill. Comp. Stat. . . .

STATE v. FAMIGLIETTI,, 817 So. 2d 901 (Fla. Dist. Ct. App. 2002)

. . . .” § 90.5015(2), Fla. Stat. (2001) (emphasis added). . . .

In AMENDMENTS TO THE FLORIDA EVIDENCE CODE, 782 So. 2d 339 (Fla. 2000)

. . . availability of declar-ant immaterial; Public Records and Reports); 98 — 48, section 1 (creating section 90.5015 . . .

NEWS- JOURNAL CORPORATION, v. CARSON,, 741 So. 2d 572 (Fla. Dist. Ct. App. 1999)

. . . The issue in this case is whether Florida’s qualified journalist’s privilege statute, section 90.5015 . . . Broadcasting and Cable, Inc., 603 F.Supp. 377 (E.D.Pa.), affirmed, 780 F.2d 340 (3d Cir.1985). . § 90.5015 . . . Robert Welch, Inc., 418 U.S. 323, 94 S.Ct. 2997, 41 L.Ed.2d 789 (1974). . § 90.5015(2)(b), Fla. . . . . § 90.5015(2)(c), Fla. Stat. . See Morris Communications Corp. v. . . .

ULRICH, v. COAST DENTAL SERVICES, INC., 739 So. 2d 142 (Fla. Dist. Ct. App. 1999)

. . . Section 90.5015, Florida Statutes (effective May 12, 1998), provides in part: (2) PRIVILEGE. — A professional . . . Section 90.5015, Florida Statutes, recognizes a qualified journalist’s privilege in Florida. . . .

OCALA STAR BANNER CORPORATION, v. STATE, 721 So. 2d 838 (Fla. Dist. Ct. App. 1998)

. . . Petitioners asserted the journalist qualified privilege under section 90.5015, Florida Statute. . . . SHARP, J., concur. . § 90.5015(2), Fla. Stat. . . .

STATE v. DAVIS,, 720 So. 2d 220 (Fla. 1998)

. . . 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.— (1) For purposes of this section, the term: (a . . .

McCARTY, v. BANKERS INSURANCE COMPANY, INC., 195 F.R.D. 39 (N.D. Fla. 1998)

. . . The bill, which created Section 90.5015, Florida Statutes, was signed by the Governor on May 12, 1998 . . . Section 90.5015 provides as follows, with the applicable test for overcoming the privilege emphasized . . . Senate Bill 150, to be codified at Section 90.5015, Florida Statutes (1998)(emphasis supplied). . . . Stat. § 90.5015(2)(a). . . . is unavailable from other sources (§ 90.5015 prong two). . . .

OLSON, v. HUGGINS,, 709 So. 2d 660 (Fla. Dist. Ct. App. 1998)

. . . for Writ of Certiorari without prejudice, so that the trial court can consider the pertinence of § 90.5015 . . .