Opinion
Case No. 97-3257
Opinion filed January 14, 1998 Rehearing and Certification of Question Denied February 19, 1998 JANUARY TERM 1998
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Richard D. Eade, Judge; L.T. Case No. 97-012826-CF-10A.
Karen Williams Kammer of Mitrani, Rynor Adamsky, P.A., Miami, for petitioner.
Robert A. Butterworth, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for respondent State of Florida.
We deny the petition for writ of certiorari. As this Court found in Investigation: Florida Statute 27.04, Subpoena of Roche v. State, 589 So.2d 978, 980 (Fla. 4th DCA 1991), a party seeking to have confidential sources disclosed must establish 1) that the information is relevant; 2) the information is not available from alternative sources; and 3) there is a compelling need for the information. See also Branzburg v. Hayes, 408 U.S. 665, 92 S.Ct. 2646, 33 L.Ed.2d 626 (1972). We find the trial court correctly applied this three-prong test in denying petitioner's motion to quash two subpoenas duces tecum, served by the state in connection with a criminal investigation, which required disclosure of a video tape identifying the petitioner's confidential sources. As such, petitioner has not established a departure from the requirements of the law to merit certiorari relief. See Bared Co. v. McGuire, 670 So.2d 153, 156 (Fla. 4th DCA 1996).
DENIED.
STONE, C.J., and KLEIN, J., concur.