CopyCited 68 times | Published | Supreme Court of Florida | 2008 WL 596700
...ication was privileged at the time it was made. " See ch. 76-237, § 1, at 566, Laws of Fla. (creating section
90.509). [13] See, e.g., §
44.405, Fla. Stat. (2006) (providing a privilege for all mediation parties regarding mediation communication); §
90.5015, Fla....
CopyCited 14 times | Published | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 909, 2000 Fla. LEXIS 2043, 2000 WL 1587794
...ermination in certain criminal prosecutions); 96-330, section 2 (changing a statutory reference in section
90.803(8), Florida Statutes, Hearsay exceptions; availability of declarant immaterial; Public Records and Reports); 98-48, section 1 (creating section
90.5015, Florida Statutes, Journalist's privilege); 98-403, section 127 (changing a statutory reference in section
90.5036, Florida Statutes, Domestic violence advocate-victim privilege); 99-2, section 27 (changing a statutory reference in se...
CopyCited 9 times | Published | Florida 3rd District Court of Appeal | 2002 WL 879409
...When the legislature created the journalist's privilege, the legislature said in plain words that it is "a qualified privilege not to be a witness concerning ... information... that the professional journalist has obtained while actively gathering news." § 90.5015(2), Fla....
CopyCited 7 times | Published | Supreme Court of Florida | 1998 WL 732918
...supporting the death penalty, which was eventually imposed in that case. Notably, our holding in this case is consistent with the recently created "journalist's *228 privilege." That legislation, chapter 98-48, Laws of Florida, provides as follows: Section 90.5015, Florida Statutes, is created to read: 90.5015 Journalist's privilege....
CopyCited 4 times | Published | Supreme Court of Florida
...Ruling Quashing Journalists‟ Subpoenas and Excluding News Articles
The circuit court quashed subpoenas issued by Muhammad‟s counsel to
Associated Press reporter Brendan Farrington and to Gainesville Sun newspaper
reporter Morgan Watkins based on the qualified journalist‟s privilege set forth in
section 90.5015, Florida Statutes (2013)....
...In the articles, the reporters noted that Happ
blinked and moved his head several times in the minutes following introduction of
midazolam hydrochloride.
- 13 -
The reporters filed motions to quash the subpoenas based on section
90.5015, which creates a qualified journalist‟s privilege against compelled
testimony under certain circumstances. That section provides in pertinent part as
follows:
90.5015....
...ournalist does not waive the
privilege by publishing or broadcasting information.
(5) CONSTRUCTION.—This section must not be construed to
limit any privilege or right provided to a professional journalist under
law.
§ 90.5015 (1)-(5), Fla....
...In order to overcome the privilege, the party must
demonstrate that the journalist‟s information is relevant, that the information
cannot be reasonably obtained from alternative sources, and that a compelling
interest exists requiring disclosure. See § 90.5015(2)(a)-(c), Fla....
...and that he had a compelling interest in the information because of the
constitutional nature of his claim.
We conclude that the circuit court did not abuse its discretion in quashing
these two subpoenas based on the qualified privilege in section 90.5015....
...2011) (holding that the circuit court did not
err in excluding as inadmissible hearsay the affidavits of two reporters, and
newspaper articles written by them, detailing their accounts of an execution).
Because Muhammad failed to overcome the qualified journalist‟s privilege under
section 90.5015, and because the news articles were inadmissible hearsay, the
circuit court did not abuse its discretion in quashing the subpoenas and in
excluding the articles.
- 17 -
B....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 14516, 2009 WL 3110102
...This protection has been historically applied to prevent compelled disclosure of the identity of confidential sources as well as the information acquired from confidential sources in the newsgathering process.
669 So.2d at 317 (citations omitted). The privilege is governed by section
90.5015, Florida Statutes, which expressly provides a professional journalist with a qualified privilege not to disclose "the information, including the identity of any source, that the professional journalist has obtained while actively gathering news." §
90.5015(2), Fla....
...See Liberty Mut. Ins. Co. v. Lease America, *950 Inc.,
735 So.2d 560 (Fla. 4th DCA 1999); Abamar Hous. & Dev., Inc. v. Lisa Daly Lady Decor, Inc.,
698 So.2d 276 (Fla. 3d DCA 1997). Equally, we also reject Carroll's argument that the privilege was overcome under section
90.5015(2). Carroll failed to make the clear and specific showing required to overcome the privilege under this section, and the trial court also failed to make the required clear and specific findings for such a result. §§
90.5015(2) and (3), Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1999 Fla. App. LEXIS 11129, 1999 WL 631700
...Kaney, Jr., of Cobb, Cole & Bell, Daytona Beach, for Petitioners. Kevin Kitpatrick Carson of Kevin "Kit" Carson, P.A., Daytona Beach, for Respondent. W. SHARP, J. The issue in this case is whether Florida's qualified journalist's privilege statute, section 90.5015(2), Florida Statutes (Supp....
...4th DCA 1997) (voluntary disclosure of client lists alleged to be privileged trade secrets would waive privilege). [3] See Maressa v. New Jersey Monthly, 89 N.J. 176, 445 A.2d 376 (1982); Coughlin v. Westinghouse Broadcasting and Cable, Inc.,
603 F.Supp. 377 (E.D.Pa.), affirmed,
780 F.2d 340 (3d Cir.1985). [4] §
90.5015(2)(a), Fla. Stat. [5] See New York Times v. Sullivan,
376 U.S. 254,
84 S.Ct. 710,
11 L.Ed.2d 686 (1979). [6] See Gertz v. Robert Welch, Inc.,
418 U.S. 323,
94 S.Ct. 2997,
41 L.Ed.2d 789 (1974). [7] §
90.5015(2)(b), Fla. Stat. [8] §
90.5015(2)(c), Fla....
CopyCited 2 times | Published | District Court, N.D. Florida | 27 Media L. Rep. (BNA) 1051, 1998 U.S. Dist. LEXIS 23078, 1998 WL 1285304
...Within the past month, the Florida legislature passed and submitted to Governor Chiles, Senate Bill 150, to create a statutory journalist’s privilege that enables professional journalists to refuse to be a witness or disclose specified information. The bill, which created Section 90.5015, Florida Statutes, was signed by the Governor on May 12, 1998 and establishes a three-part test, similar to that of the federal common law, 4 requiring a party seeking to overcome the privilege to make a clear and specific showing of each of the three elements. Section 90.5015 provides as follows, with the applicable test for overcoming the privilege emphasized in italics: 90.5015 Journalist’s privilege.— (1) For purposes of this section, the term: (a) “Professional journalist” means a person regularly engaged in collecting, photographing, recording, writing, editing, reporting, or publishing news, for gain or...
...mstance is held invalid, that provision or its application is severable and does not affect the validity of other provisions or applications of this section. Section 2. This act shall take effect upon becoming law. Senate Bill 150, to be codified at Section 90.5015, Florida Statutes (1998)(emphasis supplied)....
...Relevancy of disclosure sought In order to overcome the journalist’s privilege, McCarty must first establish that the information which he seeks is “relevant and material to unresolved issues that have been raised in the proceeding for which the information is sought.” Fla. Stat. § 90.5015 (2)(a)....
...elationship with the DOI, the relevancy is outweighed by the other factors and the compelling need to uphold the journalist’s privilege which is so broadly recognized in the federal common law and the now applicable Florida statutory provisions of Section 90.5015....
...an opposing party as a result of discovery under the protective order). . See United States v. Caporale,
806 F.2d 1487 (11th Cir.1986). The Caporale court set forth the federal test as requiring a showing that the information (1) is highly relevant (§
90.5015 prong one); (2) is necessary to the proper presentation of the case (§
90.5015 prong three); and (3) is unavailable from other sources (§
90.5015 prong two).
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 27 Media L. Rep. (BNA) 2438, 1999 Fla. App. LEXIS 9524, 1999 WL 548973
...newscast involving Coast. After the broadcast, Coast sued various former employees for breach of their confidentiality agreements and then subpoenaed Ulrich to obtain the identities of the employees that Ulrich spoke with in his investigation. *143 Section 90.5015, Florida Statutes (effective May 12, 1998), provides in part: (2) PRIVILEGE.A professional journalist has a qualified privilege not to be a witness concerning, and not to disclose the information, including the identity of any source, that the professional journalist has obtained while actively gathering news....
...Privileges contravene the fundamental principle that the public has a right to every man's evidence. See, Trammel v. U.S.,
445 U.S. 40,
100 S.Ct. 906,
63 L.Ed.2d 186 (1980); Graham & Glazier, The Handbook of Florida Evidence, § 501.1, p. 308 (1996). Section
90.5015, Florida Statutes, recognizes a qualified journalist's privilege in Florida....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2014 WL 3730009, 2014 Fla. App. LEXIS 11606
...im
(§
90.5035(1)(e)1., 2., 3.), domestic violence advocate-victim (§
90.5036(1)(d)1.,
2.), clergy (§
90.505(1)(b)), and accountant-client (§
90.5055(1)(c)1., 2.). Such
language is missing from the provisions of both the journalist’s privilege
(§
90.5015) and the spousal privilege (§
90.504).
3
In analyzing the breadth of the privilege and scope of the waiver, courts have
often analogized the psychotherapist-patient privilege to the attorney-client
privilege....
CopyPublished | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 13811, 2016 WL 4917049
...As we explained many years ago in Gore, the rule of sequestration cannot be indiscriminately invoked to exclude reporters from the courtroom. A reporter covering a judicial proceeding should not be called as a witness without prior notice. A professional journalist enjoys a qualified privilege under section 90.5015, Florida Statutes (2016), to not be a witness or disclose information the journalist has obtained while gathering news....
CopyPublished | District Court of Appeal of Florida
protected by the journalist privilege pursuant to section
90.5015, Florida Statutes (2019). We conclude that
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 5807, 1998 WL 259901
PER CURIAM. Having previously granted Petitioner’s Emergency Motion for Stay, we deny the Petition for Writ of Certiorari without prejudice, so that the trial court can consider the pertinence of § 90.5015, Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 3181, 36 Fla. L. Weekly Fed. D 514
...te between the City Council of the City of Homestead, Florida, and its former City Manager, Mike Sheha-deh. The issue presented below was whether WTVJ and Burnside were entitled to a protective order under Florida’s “journalist’s privilege,” section 90.5015, Florida Statutes (2010). We find that WTVJ and Burnside were entitled to invoke the qualified privilege set forth in section 90.5015; that Shehadeh did not “make a clear and specific showing” regarding two of the three elements identified in the statute; and that the trial court’s order 1 compelling WTVJ and Burnside to appear for a limited-scope deposition should be quashed....
...to questioning as to whether he filed a public records request” (because it was a question about a “public act”) and entered an order to that effect; WTVJ’s and Burnside’s present petition is directed to that order. The Qualified Privilege Section 90.5015 was enacted in 1998 to protect “professional journalists” against the disclosure of sources and information obtained while actively gathering news. We need not determine here whether it displaced or codified preexisting decisional law affording a similar form of limited privilege. There is no dispute on this record that WTVJ and Burnside are entitled to invoke section 90.5015 with respect to the infor *106 mation gathered by Burnside regarding the Homestead-Shehadeh controversies....
...We previously stayed the trial court's order pending our consideration of additional responses to the petition for certiorari by the respondents. . "Pin messages” are typically unencrypted text messages sent from one personal han-dheld device, such as a Blackberry, to another without going through an intermediate server. . § 90.5015(2), Fla....
CopyPublished | Florida 5th District Court of Appeal | 1998 Fla. App. LEXIS 15940, 1998 WL 880918
...r denying their motion to quash a subpoena directing Lloyd to testify concerning information obtained during an interview with respondent, John Alan Jones, a defendant in a criminal case. Petitioners asserted the journalist qualified privilege under section 90.5015, Florida Statute....
...5th DCA 1981) (certiorari is not a writ of expediency). The petition for writ of certiorari is denied since the issue is moot, thus, we do not discuss the merits of the petition. PETITION DENIED AS MOOT. GRIFFIN, C. J., and W. SHARP, J., concur. . § 90.5015(2), Fla....
