House Bill 0071c2

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    Florida House of Representatives - 1998            CS/CS/HB 71

        By the Committees on Civil Justice & Claims, Civil Justice
    & Claims and Representatives Rojas and Diaz de la Portilla





  1                      A bill to be entitled

  2         An act relating to disclosure of information;

  3         creating s. 90.5015, F.S.; providing

  4         definitions; providing to a professional

  5         journalist the qualified privilege not to be a

  6         witness concerning, and not to disclose,

  7         certain information, including a source's

  8         identity, obtained while the journalist was

  9         actively gathering news; restricting

10         applicability of the privilege to information

11         or eye witness observations obtained within the

12         normal scope of employment; providing that the

13         privilege is not applicable to physical

14         evidence of crime; providing for a hearing,

15         specified showing, and a court order for

16         disclosure of certain nonconfidential

17         information; prescribing guidelines with

18         respect to nonwaiver and construction of the

19         privilege; providing for severability; amending

20         s. 945.10, F.S.; deleting a provision that

21         presentence or postsentence investigative

22         records are confidential and exempt from public

23         records law requirements for disclosure;

24         providing an effective date.

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

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28         Section 1.  Section 90.5015, Florida Statutes, is

29  created to read:

30         90.5015  Journalist's privilege.--

31         (1)  For purposes of this section:

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    Florida House of Representatives - 1998            CS/CS/HB 71

    686-101A-98






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

  2  engaged in collecting, photographing, recording, writing,

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

  4  livelihood, who obtained the information sought while working

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

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

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

  8  magazine.  Book authors and others who are not journalists, in

  9  the traditional sense of the term, shall not be considered

10  professional journalists for purposes of this section.

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

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

13  events.

14         (2)  A professional journalist has a qualified

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

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

17  the professional journalist has obtained while actively

18  gathering news.  This privilege shall only apply to

19  information or eye witness observations obtained within the

20  normal scope of employment, and shall not apply to physical

21  evidence of crime. A party seeking to overcome this privilege

22  must make a clear and specific showing that:

23         (a)  The information is relevant and material to

24  unresolved issues that have been raised in the proceeding for

25  which the information is sought;

26         (b)  The information cannot be obtained from

27  alternative sources; and

28         (c)  A compelling interest exists for requiring

29  disclosure of the information.

30         (3)  A court shall order disclosure pursuant to

31  subsection (2) only of that portion, or portions, of the

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    Florida House of Representatives - 1998            CS/CS/HB 71

    686-101A-98






  1  information for which the showing under subsection (2) has

  2  been made and shall support such order with clear and specific

  3  findings made after a hearing.

  4         (4)  A professional journalist does not waive the

  5  privilege provided by subsection (2) by disclosing all or any

  6  part of the information protected by the privilege to any

  7  other person, notwithstanding s. 90.507.

  8         (5)  No provision of this section shall be construed to

  9  limit any privilege or right provided to a professional

10  journalist under law.

11         (6)  If any provision of this section or its

12  application to any particular person or circumstance is held

13  invalid, that provision or its application shall be deemed

14  severable and shall not affect the validity of other

15  provisions or applications of this section.

16         Section 2.  Paragraph (b) of subsection (1) of section

17  945.10, Florida Statutes, is amended to read:

18         945.10  Confidential information.--

19         (1)  Except as otherwise provided by law or in this

20  section, the following records and information of the

21  Department of Corrections are confidential and exempt from the

22  provisions of s. 119.07(1) and s. 24(a), Art. I of the State

23  Constitution:

24         (b)  Preplea or, pretrial intervention, presentence or

25  postsentence investigative records.

26         Section 3.  This act shall take effect upon becoming a

27  law.

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