Senate Bill 0150e1

CODING: Words stricken are deletions; words underlined are additions.







    SB 150                                         First Engrossed



  1                      A bill to be entitled

  2         An act relating to journalism; creating s.

  3         90.5015, F.S.; creating a privilege for

  4         professional journalists to refuse to be a

  5         witness or to disclose specified information;

  6         providing definitions; authorizing courts to

  7         order disclosure of certain information;

  8         providing for nonwaiver of the privilege;

  9         providing for an affidavit of authenticity;

10         providing severability; providing an effective

11         date.

12

13  Be It Enacted by the Legislature of the State of Florida:

14

15         Section 1.  Section 90.5015, Florida Statutes, is

16  created to read:

17         90.5015  Journalist's privilege.--

18         (1)  For purposes of this section, the term:

19         (a)  "Professional journalist" means a person regularly

20  engaged in collecting, photographing, recording, writing,

21  editing, reporting, or publishing news, for gain or

22  livelihood, who obtained the information sought while working

23  as a salaried employee of, or independent contractor for, a

24  newspaper, news journal, news agency, press association, wire

25  service, radio or television station, network, or news

26  magazine. Book authors and others who are not professional

27  journalists, as defined in this paragraph, are not included in

28  the provisions of this section.

29         (b)  "News" means information of public concern

30  relating to local, statewide, national, or worldwide issues or

31  events.


                                  1

CODING: Words stricken are deletions; words underlined are additions.






    SB 150                                         First Engrossed



  1         (2)  A professional journalist has a qualified

  2  privilege not to be a witness concerning, and not to disclose

  3  the information, including the identity of any source, that

  4  the professional journalist has obtained while actively

  5  gathering news. This privilege applies only to information or

  6  eyewitness observations obtained within the normal scope of

  7  employment and does not apply to physical evidence, eyewitness

  8  observations, or visual or audio recording of crimes. A party

  9  seeking to overcome this privilege must make a clear and

10  specific showing that:

11         (a)  The information is relevant and material to

12  unresolved issues that have been raised in the proceeding for

13  which the information is sought;

14         (b)  The information cannot be obtained from

15  alternative sources; and

16         (c)  A compelling interest exists for requiring

17  disclosure of the information.

18         (3)  A court shall order disclosure pursuant to

19  subsection (2) only of that portion of the information for

20  which the showing under subsection (2) has been made and shall

21  support such order with clear and specific findings made after

22  a hearing.

23         (4)  A professional journalist does not waive the

24  privilege by publishing or broadcasting information.

25         (5)  This section must not be construed to limit any

26  privilege or right provided to a professional journalist under

27  law.

28         (6)  Authentication:  Photographs, diagrams, video

29  recordings, audio recordings, computer records, or other

30  business records maintained, disclosed, provided, or produced

31  by a professional journalist, or by the employer or principal


                                  2

CODING: Words stricken are deletions; words underlined are additions.






    SB 150                                         First Engrossed



  1  of a professional journalist, may be authenticated for

  2  admission in evidence upon a showing, by affidavit of the

  3  professional journalist, or other individual with personal

  4  knowledge, that the photograph, diagram, video recording,

  5  audio recording, computer record, or other business record is

  6  a true and accurate copy of the original, and that the copy

  7  truly and accurately reflects the observations and facts

  8  contained therein.

  9         (7)  If the affidavit of authenticity and accuracy, or

10  other relevant factual circumstance, causes the court to have

11  clear and convincing doubts as to the authenticity or accuracy

12  of the proferred evidence, the court may decline to admit such

13  evidence.

14         (8)  If any provision of this section or its

15  application to any particular person or circumstance is held

16  invalid, that provision or its application is severable and

17  does not affect the validity of other provisions or

18  applications of this section.

19         Section 2.  This act shall take effect upon becoming a

20  law.

21

22

23

24

25

26

27

28

29

30

31


                                  3