Florida 2023 Regular Session

Florida House Bill H0951 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 951 2023
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to defamation; providing legislative 2
16	16	findings; amending s. 770.05, F.S.; providing that 3
17	17	venue is proper in any county in the state for certain 4
18	18	defamation causes of action; amending s. 770.08, F.S.; 5
19	19	conforming provisions to changes made by the act; 6
20	20	creating s. 770.09, F.S.; providing applicability; 7
21	21	providing that certain plaintiffs are entitled to 8
22	22	reasonable costs and attorney fees; creating s. 9
23	23	770.11, F.S.; providing that a person is not a public 10
24	24	figure for purposes of a defamation claim if his or 11
25	25	her fame or notoriety arises in a specified manner; 12
26	26	creating s. 770.12, F.S.; providing that a failure to 13
27	27	take certain action is evidence of actual mali ce; 14
28	28	creating s. 770.13, F.S.; providing a certain 15
29	29	presumption; amending ss. 768.295 and 720.304, F.S.; 16
30	30	revising the parties to whom a court shall award 17
31	31	certain attorney fees and costs; providing an 18
32	32	effective date. 19
33	33	20
34	34	Be It Enacted by the Legislature of t he State of Florida: 21
35	35	22
36	36	Section 1. The Legislature finds that: 23
37	37	(1) Defamation is and should be purely a matter of state 24
38	38	law. 25
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	(2) New York Times Co. v. Sullivan, 376 U.S. 254 (1964), 26
52	52	and its progeny have federalized major aspects of defamation 27
53	53	law, notwithstanding the United States Supreme Court's pre -1964 28
54	54	precedents and historical understanding to the contrary, and 29
55	55	foreclosed many meritorious defamation claims to the detriment 30
56	56	of citizens of all walks of life. 31
57	57	(3) The federalization of defamation la w, including the 32
58	58	judicially created actual malice standard, bears no relation to 33
59	59	the text, structure, or history of the First Amendment to the 34
60	60	United States Constitution. 35
61	61	(4) The federalization of defamation law fails to 36
62	62	acknowledge that defamatory false hoods are equally injurious to 37
63	63	plaintiffs regardless of whether they are public officials, 38
64	64	public figures, or private figures, and regardless of whether 39
65	65	the alleged defamatory falsehoods relate to matters of official 40
66	66	conduct or of private concern. 41
67	67	(5) The federalization of defamation law interferes with 42
68	68	the ability of the states to update their defamation laws in 43
69	69	response to societal changes, including the widespread 44
70	70	proliferation of defamatory falsehoods via new technologies and 45
71	71	the ever-diminishing investigation and reporting standards of 46
72	72	publishers. 47
73	73	(6) The federalization of defamation law has further 48
74	74	fostered an environment in which defamatory falsehoods are 49
75	75	routinely published without fear of consequence, but truthful 50
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	speech is often self -censored for fear of being tarnished 51
89	89	without an adequate remedy at law. 52
90	90	(7) The United States Supreme Court should therefore 53
91	91	reassess its post-1964 understanding of defamation law and, 54
92	92	consistent with our nation's system of federalism, return to the 55
93	93	states the authority to protect their residents from defamatory 56
94	94	falsehoods and the ability to make their own policy judgments 57
95	95	regarding the prevention of defamation. 58
96	96	(8) Even under current United States Supreme Court 59
97	97	precedent, this state retains a measure of flexibil ity to 60
98	98	continue to formulate the state's own defamation laws in 61
99	99	response to societal changes. 62
100	100	(9) Today, defamatory statements are regularly published 63
101	101	to widespread audiences via the Internet and social media 64
102	102	platforms. 65
103	103	(10) Defamatory statements are a lso regularly published 66
104	104	without investigation, verification, or editing. 67
105	105	(11) Publishers of defamatory statements regularly rely on 68
106	106	anonymous sources which they know or should know are inherently 69
107	107	untrustworthy. 70
108	108	(12) The state has an important interest in protecting its 71
109	109	residents from injurious defamatory statements. 72
110	110	Section 2. Section 770.05, Florida Statutes, is amended to 73
111	111	read: 74
112	112	770.05 Limitation of choice of venue. — 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	(1) No person shall have more than one choice of venue for 76
126	126	damages for libel or slander, invasion of privacy, or any other 77
127	127	tort founded upon any single publication, exhibition, or 78
128	128	utterance, such as any one edition of a newspaper, book, or 79
129	129	magazine, any one presentation to an audience, any one broadcast 80
130	130	over radio or television, or any one exhibition of a motion 81
131	131	picture. Recovery in any action shall include all damages for 82
132	132	any such tort suffered by the plaintiff in all jurisdictions. 83
133	133	(2) Notwithstanding any other provision of this chapter, 84
134	134	or any other statute pr oviding for venue, when damages for 85
135	135	defamation, including libel or slander, are based on material 86
136	136	published through the radio, television, or Internet, venue is 87
137	137	proper in any county where the material was accessed. 88
138	138	Section 3. Section 770.08, Florida St atutes, is amended to 89
139	139	read: 90
140	140	770.08 Limitation on recovery of damages. —Except as 91
141	141	provided in s. 770.05(2), no person shall have more than one 92
142	142	choice of venue for damages for libel founded upon a single 93
143	143	publication or exhibition or utterance, as described in s. 94
144	144	770.05., and Upon his or her election in any one of his or her 95
145	145	choices of venue, then the person shall be bound to recover 96
146	146	there all damages allowed him or her. 97
147	147	Section 4. Section 770.09, Florida Statutes, is created to 98
148	148	read: 99
149	149	770.09 Application of costs and attorney fees in 100
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162	162	defamation actions.—The fee shifting provisions of s. 768.79 do 101
163	163	not apply to defamation claims, including claims for libel or 102
164	164	slander. Notwithstanding any other provision of law, a 103
165	165	prevailing plaintiff on a claim of defamatio n, including libel 104
166	166	or slander, is entitled to an award of reasonable costs and 105
167	167	attorney fees. 106
168	168	Section 5. Section 770.11, Florida Statutes, is created to 107
169	169	read: 108
170	170	770.11 Limitations on judicial determination of a public 109
171	171	figure.—A person may not be consid ered a public figure for 110
172	172	purposes of establishing a claim of defamation, including libel 111
173	173	or slander, if his or her fame or notoriety arises solely from 112
174	174	one or more of the following: 113
175	175	(1) Defending himself or herself publicly against an 114
176	176	accusation. 115
177	177	(2) Granting an interview on a specific topic. 116
178	178	(3) Public employment, other than elected office or 117
179	179	appointment by an elected official. 118
180	180	(4) A video, an image, or a statement uploaded on the 119
181	181	Internet that has reached a broad audience. 120
182	182	Section 6. Section 7 70.12, Florida Statutes, is created to 121
183	183	read: 122
184	184	770.12 Use of defamatory statements. —A failure to verify 123
185	185	or corroborate an alleged defamatory statement is evidence of 124
186	186	actual malice. 125
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199	199	Section 7. Section 770.13, Florida Statutes, is created to 126
200	200	read: 127
201	201	770.13 Presumption regarding anonymous sources. —A 128
202	202	statement by an anonymous source is presumed to be false in a 129
203	203	defamation cause of action. 130
204	204	Section 8. Subsection (4) of section 768.295, Florida 131
205	205	Statutes, is amended to read: 132
206	206	768.295 Strategic Lawsuits Aga inst Public Participation 133
207	207	(SLAPP) prohibited.— 134
208	208	(4) A person or entity sued by a governmental entity or 135
209	209	another person in violation of this section has a right to an 136
210	210	expeditious resolution of a claim that the suit is in violation 137
211	211	of this section. A person or entity may move the court for an 138
212	212	order dismissing the action or granting final judgment in favor 139
213	213	of that person or entity. The person or entity may file a motion 140
214	214	for summary judgment, together with supplemental affidavits, 141
215	215	seeking a determination that the claimant's or governmental 142
216	216	entity's lawsuit has been brought in violation of this section. 143
217	217	The claimant or governmental entity shall thereafter file a 144
218	218	response and any supplemental affidavits. As soon as 145
219	219	practicable, the court shall set a hearing on th e motion, which 146
220	220	shall be held at the earliest possible time after the filing of 147
221	221	the claimant's or governmental entity's response. The court may 148
222	222	award, subject to the limitations in s. 768.28, the party sued 149
223	223	by a governmental entity actual damages arising f rom a 150
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232	232	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236	236	governmental entity's violation of this section. The court shall 151
237	237	award the nonmoving prevailing party reasonable attorney fees 152
238	238	and costs incurred in connection with a claim that an action was 153
239	239	filed in violation of this section if the nonmoving party 154
240	240	prevails on a motion filed under this section . 155
241	241	Section 9. Paragraph (c) of subsection (4) of section 156
242	242	720.304, Florida Statutes, is amended to read: 157
243	243	720.304 Right of owners to peaceably assemble; display of 158
244	244	flag; SLAPP suits prohibited. — 159
245	245	(4) It is the intent of the Legislature to protect the 160
246	246	right of parcel owners to exercise their rights to instruct 161
247	247	their representatives and petition for redress of grievances 162
248	248	before the various governmental entities of this state as 163
249	249	protected by the First Amendment to the United States 164
250	250	Constitution and s. 5, Art. I of the State Constitution. The 165
251	251	Legislature recognizes that "Strategic Lawsuits Against Public 166
252	252	Participation" or "SLAPP" suits, as they are typically called, 167
253	253	have occurred when members are sued by individua ls, business 168
254	254	entities, or governmental entities arising out of a parcel 169
255	255	owner's appearance and presentation before a governmental entity 170
256	256	on matters related to the homeowners' association. However, it 171
257	257	is the public policy of this state that government entit ies, 172
258	258	business organizations, and individuals not engage in SLAPP 173
259	259	suits because such actions are inconsistent with the right of 174
260	260	parcel owners to participate in the state's institutions of 175
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269	269	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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271	271
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273	273	government. Therefore, the Legislature finds and declares that 176
274	274	prohibiting such lawsuits by governmental entities, business 177
275	275	entities, and individuals against parcel owners who address 178
276	276	matters concerning their homeowners' association will preserve 179
277	277	this fundamental state policy, preserve the constitutional 180
278	278	rights of parcel owners, and assure the continuation of 181
279	279	representative government in this state. It is the intent of the 182
280	280	Legislature that such lawsuits be expeditiously disposed of by 183
281	281	the courts. 184
282	282	(c) A parcel owner sued by a governmental entity, business 185
283	283	organization, or individual in violation of this section has a 186
284	284	right to an expeditious resolution of a claim that the suit is 187
285	285	in violation of this section. A parcel owner may petition the 188
286	286	court for an order dismissing the action or granting final 189
287	287	judgment in favor of that p arcel owner. The petitioner may file 190
288	288	a motion for summary judgment, together with supplemental 191
289	289	affidavits, seeking a determination that the governmental 192
290	290	entity's, business organization's, or individual's lawsuit has 193
291	291	been brought in violation of this sectio n. The governmental 194
292	292	entity, business organization, or individual shall thereafter 195
293	293	file its response and any supplemental affidavits. As soon as 196
294	294	practicable, the court shall set a hearing on the petitioner's 197
295	295	motion, which shall be held at the earliest possi ble time after 198
296	296	the filing of the governmental entity's, business organization's 199
297	297	or individual's response. The court may award the parcel owner 200
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306	306	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310	310	sued by the governmental entity, business organization, or 201
311	311	individual actual damages arising from the governmenta l 202
312	312	entity's, individual's, or business organization's violation of 203
313	313	this section. A court may treble the damages awarded to a 204
314	314	prevailing parcel owner and shall state the basis for the treble 205
315	315	damages award in its judgment. The court shall award the 206
316	316	nonmoving prevailing party reasonable attorney attorney's fees 207
317	317	and costs incurred in connection with a claim that an action was 208
318	318	filed in violation of this section if the nonmoving party 209
319	319	prevails on a motion filed under this section . 210
320	320	Section 10. This act shall take effect July 1, 2023. 211