Florida Statute 90.5015 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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

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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 Citing Statute 90.5015

Total Results: 14

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

Court: District Court of Appeal of Florida | Date Filed: 2020-10-07

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

Palm Beach Newspapers, LLC v. Colin

Court: District Court of Appeal of Florida | Date Filed: 2016-09-14

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

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

State v. Avery Topps

Court: District Court of Appeal of Florida | Date Filed: 2014-07-30

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

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

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

Court: Supreme Court of Florida | Date Filed: 2014-01-03

Citation: 132 So. 3d 176

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

WTVJ-NBC 6 v. Shehadeh

Court: District Court of Appeal of Florida | Date Filed: 2011-03-09

Citation: 56 So. 3d 104, 2011 Fla. App. LEXIS 3181

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

TheStreet. Com, Inc. v. Carroll

Court: District Court of Appeal of Florida | Date Filed: 2009-09-30

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

Snippet: omitted). The privilege is governed by section 90.5015, Florida Statutes, which expressly provides a professional

Florida Hosp. Waterman, Inc. v. Buster

Court: Supreme Court of Florida | Date Filed: 2008-03-06

Citation: 984 So. 2d 478, 2008 WL 596700

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

State v. Famiglietti

Court: District Court of Appeal of Florida | Date Filed: 2002-05-08

Citation: 817 So. 2d 901, 2002 WL 879409

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

In Re Amendments to Fla. Evidence Code

Court: Supreme Court of Florida | Date Filed: 2000-10-26

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

Snippet: and Reports); 98-48, section 1 (creating section 90.5015, Florida Statutes, Journalist's privilege); 98-403

News-Journal Corp. v. Carson

Court: District Court of Appeal of Florida | Date Filed: 1999-08-20

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

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

Ulrich v. Coast Dental Services, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1999-07-16

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

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

Ocala Star Banner Corp. v. State

Court: District Court of Appeal of Florida | Date Filed: 1998-12-18

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

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

State v. Davis

Court: Supreme Court of Florida | Date Filed: 1998-10-22

Citation: 720 So. 2d 220, 1998 WL 732918

Snippet: provides as follows: Section 90.5015, Florida Statutes, is created to read: 90.5015 Journalist's privilege

Olson v. Huggins

Court: District Court of Appeal of Florida | Date Filed: 1998-05-22

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

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