Florida House Bill H0951

Florida 2023 Regular Session

• Introduced: 2/20/23

Caption

Defamation

Impact

If enacted, HB 951 will expand the rights of plaintiffs in defamation cases by allowing for greater access to venue choices across Florida for related claims. It also introduces measures that would facilitate the recovery of attorney fees and costs for prevailing plaintiffs, particularly emphasizing protection against what are known as SLAPP suits—lawsuits intended to stifle public participation and free speech. The law aims to safeguard individuals' rights to speak and petition government entities regarding their communities and associations without the fear of frivolous legal repercussions.

Summary

House Bill 951 aims to make significant changes to Florida's defamation laws, emphasizing the state's authority over such legal matters. The bill carries legislative findings that assert defamation should be governed purely by state law, contesting the influence of federal law and court decisions like New York Times v. Sullivan, which established a higher standard for proving defamation against public figures. The bill proposes amendments to several sections of Florida Statutes regarding the venue for defamation claims and introduces new provisions that address how defamation actions are determined, including who qualifies as a public figure and the implications of using anonymous sources.

Contention

Notable points of contention include the potential chilling effect on free speech, as critics argue the bill might embolden lawsuits against individuals who speak out against public officials or corporations. The inclusion of new definitions regarding public figures and the reliance on actual malice as evidence in defamation claims could lead to increased litigation based on subjective interpretations of public notoriety. Additionally, the premise that anonymous sources in reporting should be presumed false raises significant concerns about journalistic practices and could impact media freedom.