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

House Bill 0071

Florida House of Representatives - 1997 HB 71 By Representatives Rojas and Diaz de la Portilla 1 A bill to be entitled 2 An act relating to a professional journalist's 3 privilege; creating s. 90.5015, F.S.; providing 4 definitions; providing to a professional 5 journalist the privilege not to be a witness 6 concerning, and not to disclose any matter or 7 produce an object, writing, or recording 8 revealing, certain information; providing for a 9 hearing, specified showing, and a court order 10 for disclosure of certain nonconfidential 11 information; prescribing guidelines with 12 respect to nonwaiver and construction of the 13 privilege; providing for severability; 14 providing an effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1. Section 90.5015, Florida Statutes, is 19 created to read: 20 90.5015 Journalist's privilege.-- 21 (1) For purposes of this section: 22 (a) "Professional journalist" means a person engaged 23 in the gathering, preparing, collecting, writing, editing, 24 analysis, filming, taping, photographing, or publishing of 25 news for publication by a newspaper, magazine, news agency, 26 press association, radio or television station, cable 27 television system, wire service, or any other professional 28 medium of mass communications that has as one of its regular 29 functions the publication of news to the public. 30 (b) "News" means any information of real public 31 concern or information affecting the public welfare. 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 71 218-177A-97 1 (2) A professional journalist has a privilege not to 2 be a witness concerning, and not to disclose any matter or 3 produce any object, writing, or recording that reveals: 4 (a) Any information, including the identity of any 5 source, that the professional journalist has received in the 6 course of gathering news, has agreed with the source of the 7 information to keep confidential, and has kept confidential; 8 and 9 (b) Any information, including the identity of any 10 source, that the professional journalist has received in the 11 course of gathering news but for which the professional 12 journalist has no privilege to refuse to disclose pursuant to 13 paragraph (a), unless the party seeking such information has 14 made a clear and specific showing that: 15 1. The information is relevant and material to 16 unresolved issues that have been raised in the proceeding for 17 which the information is sought; 18 2. The information cannot be obtained from alternative 19 sources; and 20 3. A compelling interest exists for requiring 21 disclosure of the information. 22 (3) A court shall order disclosure pursuant to 23 paragraph (2)(b) only of that portion, or portions, of the 24 information for which the showing under paragraph (2)(b) has 25 been made and shall support such order with clear and specific 26 findings made after a hearing. 27 (4) A professional journalist does not waive the 28 privilege provided by paragraph (2)(b) by disclosing all or 29 any part of the information protected by the privilege to any 30 other person, notwithstanding s. 90.507. 31 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 71 218-177A-97 1 (5) No provision of this section shall be construed to 2 limit any privilege or right provided to a professional 3 journalist under law. 4 (6) If any provision of this section or its 5 application to any particular person or circumstance is held 6 invalid, that provision or its application shall be deemed 7 severable and shall not affect the validity of other 8 provisions or applications of this section. 9 Section 2. This act shall take effect upon becoming a 10 law. 11 12 ***************************************** 13 HOUSE SUMMARY 14 Specifies circumstances under which a professional 15 journalist has the privilege not to be a witness concerning, and not to disclose any matter or produce an 16 object, writing, or recording revealing, certain information. Provides definitions and scope of the 17 privilege. Provides for a hearing, specified showing, and court order for disclosure of certain nonconfidential 18 information. Prescribes guidelines with respect to nonwaiver and construction of the privilege. Provides 19 for severability. 20 21 22 23 24 25 26 27 28 29 30 31 3