Florida Statutes

Fla. Stat. § 742.09 (2025)

Publishing names; penalty.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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742.09 Publishing names; penalty.—Except for the purpose of serving process by publication, as provided under s. 49.011(15), it shall be unlawful for the owner, publisher, manager, or operator of any newspaper, magazine, radio station, or other publication of any kind whatsoever, or any other person responsible therefor, or any radio broadcaster, to publish the name of any of the parties to any court proceeding to determine paternity. A person who violates this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

History.—s. 8, ch. 26949, 1951; s. 697, ch. 71-136; s. 8, ch. 2007-85.

Arrestable Offenses under F.S. 742.09

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§742.09OBSTRUCTPUBLISH NAMES OF PATERNITY DETERMINATION CASESM · 1st

Notes of Decisions

Cited in 6 cases, 1979–2009 · leading case: Reiter v. Mason, 563 So. 2d 749 (Fla. 3d DCA 1990).

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Reiter v. Mason, 563 So. 2d 749 (Fla. 3d DCA 1990). · cites it 2× “That statute provides a misdemeanor penalty for a newspaper, magazine, radio station, or other publication "to publish the name of any of the parties to any court proceeding .”

Sentinel Commc'ns Co. v. Smith, 493 So. 2d 1048 (Fla. 5th DCA 1986). · cites it 2× “(1985); § 742.09, Fla. Stat. (1985); § 39.12, Fla.”

Gadsden Cnty. Times, Inc. v. Willis, 377 So. 2d 817 (Fla. 1st DCA 1979). · cites it 8× “No reasons or authority for the order is stated in it except in the introductory paragraph, in which it is stated that it has come to the attention of the Chief Judge that despite the illegality of publishing of names of parties to paternity actions as provided in Section…”

T.B. v. M.M., 945 So. 2d 637 (Fla. 2d DCA 2006). “Further, we note that section 742.09 l's language about dismissing the paternity action seems to assume that the reputed father would be the defendant in the paternity action, not an uninvolved third party.”

G.W. v. Rushing, 22 So. 3d 819 (Fla. 2d DCA 2009). · cites it 2× “Consistent with the legislative intent to protect the anonymity of parties to such actions, § 742.09, Fla. Stat. (2009), this court truncates the names of the litigants in its orders and opinions.”

Doe v. Am. Lawyer Media, L.P., 639 So. 2d 1021 (1994). “Doe filed a complaint against the newspaper alleging that the newspaper published her real name as a party to a paternity action in violation of section 742.09, Florida Statutes (1991), and thereby violated her right to privacy.”

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