House Bill 0071e1
CODING: Words stricken are deletions; words underlined are additions.
CS/CS/HB 71, First Engrossed
1 A bill to be entitled
2 An act relating to a journalist's privilege;
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;
20 providing an effective date.
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22 Be It Enacted by the Legislature of the State of Florida:
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24 Section 1. Section 90.5015, Florida Statutes, is
25 created to read:
26 90.5015 Journalist's privilege.--
27 (1) For purposes of this section:
28 (a) "Professional journalist" means a person regularly
29 engaged in collecting, photographing, recording, writing,
30 editing, reporting, or publishing news, for gain or
31 livelihood, who obtained the information sought while working
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CODING: Words stricken are deletions; words underlined are additions.
CS/CS/HB 71, First Engrossed
1 as a salaried employee of, or independent contractor for, a
2 newspaper, news journal, news agency, press association, wire
3 service, radio or television station, network, or news
4 magazine. Book authors and others who are not professional
5 journalists, as defined herein, are not included in the
6 provisions of this section.
7 (b) "News" means information of public concern
8 relating to local, statewide, national, or worldwide issues or
9 events.
10 (2) A professional journalist has a qualified
11 privilege not to be a witness concerning, and not to disclose,
12 the information, including the identity of any source, that
13 the professional journalist has obtained while actively
14 gathering news. This privilege shall only apply to
15 information or eye witness observations obtained within the
16 normal scope of employment, and shall not apply to physical
17 evidence eyewitness observations or visual or audio recordings
18 of crime. A party seeking to overcome this privilege must make
19 a clear and specific showing that:
20 (a) The information is relevant and material to
21 unresolved issues that have been raised in the proceeding for
22 which the information is sought;
23 (b) The information cannot be obtained from
24 alternative sources; and
25 (c) A compelling interest exists for requiring
26 disclosure of the information.
27 (3) A court shall order disclosure pursuant to
28 subsection (2) only of that portion, or portions, of the
29 information for which the showing under subsection (2) has
30 been made and shall support such order with clear and specific
31 findings made after a hearing.
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CODING: Words stricken are deletions; words underlined are additions.
CS/CS/HB 71, First Engrossed
1 (4) A professional journalist does not waive the
2 privilege by publishing or broadcasting information.
3 (5) No provision of this section shall be construed to
4 limit any privilege or right provided to a professional
5 journalist under law.
6 (6) If any provision of this section or its
7 application to any particular person or circumstance is held
8 invalid, that provision or its application shall be deemed
9 severable and shall not affect the validity of other
10 provisions or applications of this section.
11 (7) Authentication: Photographs, diagrams, video
12 recordings, audio recordings, computer records or other
13 business records maintained, disclosed, provided or produced
14 by a professional journalist, or by the employer or principal
15 or a professional journalist, may be authenticated for
16 admission in evidence upon and showing, by affidavit of the
17 professional journalist, or other individual with personal
18 knowledge; that the photograph, diagram, video recording,
19 audio recording, computer record, or other business record is
20 a true and accurate copy of the original, and that the copy
21 truly and accurately reflects the observations and facts
22 contained therein.
23 (8) If the affidavit of authenticity and accuracy, or
24 other relevant factual circumstance, causes the court to have
25 clear and convincing doubts as to the authenticity or accuracy
26 of the proffered evidence, the court may decline to admit such
27 evidence.
28 Section 2. This act shall take effect upon becoming a
29 law.
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