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A bill to be entitled 1
An act relating to defamation, false light, and 2
unauthorized publication of name or likenesses; 3
amending s. 90.5015, F.S.; providing that provisions 4
concerning journalist's privilege do not apply to 5
defamation claims when the defendant is a professional 6
journalist or media entity; amending s. 770.05, F.S.; 7
defining the term "defamation or privacy tort"; 8
revising provisions concerning venue for certain 9
actions; amending s. 770.08, F.S.; revising provisions 10
limiting the choice of venue in specified actions; 11
creating s. 770.09, F.S.; exempting certain claims 12
from specified provisions concerning offers of 13
judgment and demands for judgment in civil actions; 14
providing for award of attorney fees and costs to 15
prevailing plaintiffs in such actions; creating s. 16
770.105, F.S.; specifying that certain persons may not 17
be considered public figures for purposes of certain 18
actions; creating s. 770.11, F.S.; specifying that a 19
fact finder may infer actual malice in certain 20
circumstances; providing that certain allegations are 21
defamatory per se; providing statutory damages to 22
prevailing plaintiffs who are the subject of such 23
allegations; creating s. 770.12, F.S.; creating a 24
presumption that a statement by an anonymous source is 25
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presumptively false for purposes of a defamation 26
action; providing requirements if a defendant in a 27
defamation action refuses to identify an anonymous 28
source; creating s. 770.13, F.S.; providing that a 29
public figure does not need to show actual malice to 30
prevail in a defamation action in certain 31
circumstances; creating s. 770.15, F.S.; providing 32
that a person who gives publicity to a matter 33
concerning a natural person that places that person 34
before the public in a false light may be liable for 35
damages in certain circumstances; amending s. 720.304, 36
F.S.; revising a provision on award of attorney fees 37
in certain actions by property owners; amending s. 38
768.295, F.S.; revising a provision on award of 39
attorney fees in strategic lawsuits against public 40
participation; providing for severability; providing 41
an effective date. 42
43
Be It Enacted by the Legislature of the State of Florida: 44
45
Section 1. Subsection (9) is added to section 90.5015, 46
Florida Statutes, to read: 47
90.5015 Journalist's privilege. — 48
(9) This section does not apply to defamation claims 49
brought under chapter 770 when the defendant is a professional 50
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journalist or media entity. 51
Section 2. Section 770.05, Florida Statutes, is amended to 52
read: 53
770.05 Limitation of choice of venue. — 54
(1) As used in this chapter, the term "defamation or 55
privacy tort" refers to libel, slander, false light, invasion of 56
privacy, or any other tort founded upon any single publication, 57
exhibition, or utterance, such as any one edition of a 58
newspaper, book, or magazine, any one presentation to an 59
audience, any one br oadcast over radio or television, any one 60
exhibition of a motion picture, or any one publication, 61
exhibition, or utterance on the Internet. Editing any form of 62
media so that it attributes something false or leads a 63
reasonable viewer to believe something fa lse about a plaintiff 64
may give rise to a defamation claim or privacy tort. 65
(2) A No person may not shall have more than one choice of 66
venue for damages for any defamation or privacy tort libel or 67
slander, invasion of privacy, or any other tort founded up on any 68
single publication, exhibition, or utterance, such as any one 69
edition of a newspaper, book, or magazine, any one presentation 70
to an audience, any one broadcast over radio or television, or 71
any one exhibition of a motion picture . Recovery in any acti on 72
shall include all damages for any such tort suffered by the 73
plaintiff in all jurisdictions. 74
(3) Notwithstanding any other provision of this chapter, 75
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or any other statute providing for venue, when: 76
(a) Damages for defamation are based on material pub lished 77
through the radio or television, venue is proper in any county 78
where the material was accessed. 79
(b) Damages for defamation are based on material published 80
through the Internet, venue is proper in any county in the 81
state. 82
Section 3. Section 770 .08, Florida Statutes, is amended to 83
read: 84
770.08 Limitation on venue recovery of damages.—Except as 85
provided in s. 770.05(3)(a), a No person may not shall have more 86
than one choice of venue for any defamation or privacy tort 87
damages for libel founded upon a single publication or 88
exhibition or utterance, as described in s. 770.05 ., and Upon 89
his or her election in any one of his or her choices of venue, 90
then the person shall be bound to recover there all damages 91
allowed him or her. 92
Section 4. Section 770.09, Florida Statutes, is created to 93
read: 94
770.09 Application of costs and attorney fees in 95
defamation cases.—The fee-shifting provisions of s. 768.79 do 96
not apply to defamation or privacy tort claims. Notwithstanding 97
any other provision of law, a pre vailing plaintiff on a 98
defamation or privacy tort claim is entitled to an award of 99
reasonable costs and attorney fees. 100
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Section 5. Section 770.105, Florida Statutes, is created 101
to read: 102
770.105 Limitations on judicial determination of a public 103
figure.—A person may not be considered a public figure for 104
purposes of establishing a defamation or privacy tort claim if 105
his or her fame or notoriety arises solely from one or more of 106
the following: 107
(1) Defending him or herself publicly against accusations. 108
(2) Granting an interview on a specific topic. 109
(3) Public employment other than elected office or 110
appointment by an elected official. 111
(4) A video, image, or statement uploaded on the Internet 112
that has reached a broad audience. 113
Section 6. Section 7 70.11, Florida Statutes, is created to 114
read: 115
770.11 Clarifying defamation standards. — 116
(1) A fact finder shall infer actual malice for purposes 117
of a defamation action when: 118
(a) The defamatory allegation is fabricated by the 119
defendant, is the product o f his or her imagination, or is based 120
wholly on an unverified anonymous report; 121
(b) An allegation is so inherently implausible that only a 122
reckless person would have put it into circulation; or 123
(c) There are obvious reasons to doubt the veracity of the 124
defamatory allegation or the accuracy of an informant's reports. 125
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There are obvious reasons to doubt the veracity of a report 126
when: 127
1. There is sufficient contrary evidence that was known to 128
or should have been known to the defendant after a reasonable 129
investigation; or 130
2. The report is inherently improbable or implausible on 131
its face; or 132
(d) The defendant willfully failed to validate, 133
corroborate, or otherwise verify the defamatory allegatio n. 134
(2) An allegation that the plaintiff has discriminated 135
against another person or group because of their race, sex, 136
sexual orientation, or gender identity constitutes defamation 137
per se. 138
(a) A defendant cannot prove the truth of an allegation of 139
discrimination with respect to sexual orientation or gender 140
identity by citing a plaintiff's constitutionally protected 141
religious expression or beliefs. 142
(b) A defendant cannot prove the truth of an allegation of 143
discrimination with respect to sexual orientati on or gender 144
identity by citing a plaintiff's scientific beliefs. 145
(c) A prevailing plaintiff for allegations under this 146
subsection is, in addition to all other damages, entitled to 147
statutory damages of at least $35,000. 148
Section 7. Section 770.12, Flo rida Statutes, is created to 149
read: 150
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770.12 Presumption regarding anonymous sources .— 151
(1) A statement by an anonymous source is presumptively 152
false for purposes of a defamation action. 153
(2) In a case where a defendant in a defamation action 154
refuses to identify the source of a defamatory statement, the 155
plaintiff need only prove that the defendant acted negligently 156
in making the defamatory statement. 157
Section 8. Section 770.13, Florida Statutes, is created to 158
read: 159
770.13 Actual malice for public figu res in defamation 160
cases.-A public figure does not need to show actual malice to 161
prevail in a defamation cause of action when the allegation does 162
not relate to the reason for his or her public status. 163
Section 9. Section 770.15, Florida Statutes, is crea ted to 164
read: 165
770.15 Invasion of privacy; place person before public in 166
false light.— 167
(1) Any person who gives publicity to a matter concerning 168
a natural person that places that person before the public in a 169
false light is subject to liability if: 170
(a) The false light in which the person was placed would 171
be highly offensive to a reasonable person; and 172
(b) The defendant had knowledge of or acted in reckless 173
disregard as to the false implications of the publicized matter. 174
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(2) This section incorporates the standards set forth 175
under chapter 770 for defamation causes of action to whatever 176
extent necessary. 177
(3) Editing any form of media so that it attributes 178
something false or leads a reasonable viewer to believe 179
something false about a plaintiff may give rise to a defamation 180
claim for false light. 181
Section 10. Paragraph (c) of subsection (4) of section 182
720.304, Florida Statutes, is amended to read: 183
720.304 Right of owners to peaceably assemble; display of 184
flag; SLAPP suits prohibited. — 185
(4) It is the intent of the Legislature to protect the 186
right of parcel owners to exercise their rights to instruct 187
their representatives and petition for redress of grievances 188
before the various governmental entities of this state as 189
protected by the First Amendment to the United States 190
Constitution and s. 5, Art. I of the State Constitution. The 191
Legislature recognizes that "Strategic Lawsuits Against Public 192
Participation" or "SLAPP" suits, as they are typically called, 193
have occurred when members are sued by individua ls, business 194
entities, or governmental entities arising out of a parcel 195
owner's appearance and presentation before a governmental entity 196
on matters related to the homeowners' association. However, it 197
is the public policy of this state that government entit ies, 198
business organizations, and individuals not engage in SLAPP 199
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suits because such actions are inconsistent with the right of 200
parcel owners to participate in the state's institutions of 201
government. Therefore, the Legislature finds and declares that 202
prohibiting such lawsuits by governmental entities, business 203
entities, and individuals against parcel owners who address 204
matters concerning their homeowners' association will preserve 205
this fundamental state policy, preserve the constitutional 206
rights of parcel owners, and assure the continuation of 207
representative government in this state. It is the intent of the 208
Legislature that such lawsuits be expeditiously disposed of by 209
the courts. 210
(c) A parcel owner sued by a governmental entity, business 211
organization, or individual in violation of this section has a 212
right to an expeditious resolution of a claim that the suit is 213
in violation of this section. A parcel owner may petition the 214
court for an order dismissing the action or granting final 215
judgment in favor of that p arcel owner. The petitioner may file 216
a motion for summary judgment, together with supplemental 217
affidavits, seeking a determination that the governmental 218
entity's, business organization's, or individual's lawsuit has 219
been brought in violation of this sectio n. The governmental 220
entity, business organization, or individual shall thereafter 221
file its response and any supplemental affidavits. As soon as 222
practicable, the court shall set a hearing on the petitioner's 223
motion, which shall be held at the earliest possi ble time after 224
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the filing of the governmental entity's, business organization's 225
or individual's response. The court may award the parcel owner 226
sued by the governmental entity, business organization, or 227
individual actual damages arising from the governmenta l 228
entity's, individual's, or business organization's violation of 229
this section. A court may treble the damages awarded to a 230
prevailing parcel owner and shall state the basis for the treble 231
damages award in its judgment. The court shall award the 232
nonmoving prevailing party reasonable attorney attorney's fees 233
and costs incurred in connection with a claim that an action was 234
filed in violation of this section if the nonmoving party 235
prevails on a motion filed under this section . 236
Section 11. Subsection (4) of section 768.295, Florida 237
Statutes, is amended to read: 238
768.295 Strategic Lawsuits Against Public Participation 239
(SLAPP) prohibited.— 240
(4) A person or entity sued by a governmental entity or 241
another person in violation of this section has a right to an 242
expeditious resolution of a claim that the suit is in violation 243
of this section. A person or entity may move the court for an 244
order dismissing the action or granting final judgment in favor 245
of that person or entity. The person or entity may file a motion 246
for summary judgment, together with supplemental affidavits, 247
seeking a determination that the claimant's or governmental 248
entity's lawsuit has been brought in violation of this section. 249
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The claimant or governmental entity shall thereafter file a 250
response and any supplemental affidavits. As soon as 251
practicable, the court shall set a hearing on the motion, which 252
shall be held at the earliest possible time after the filing of 253
the claimant's or governmental entity's response. The court may 254
award, subject to the li mitations in s. 768.28, the party sued 255
by a governmental entity actual damages arising from a 256
governmental entity's violation of this section. The court shall 257
award the nonmoving prevailing party reasonable attorney fees 258
and costs incurred in connection wi th a claim that an action was 259
filed in violation of this section if the nonmoving party 260
prevails on a motion filed under this section . 261
Section 12. If any provision of this act or the 262
application thereof to any person or circumstance is held 263
invalid, the invalidity does not affect other provisions or 264
applications of this act which can be given effect without the 265
invalid provision or application, and to this end the provisions 266
of this act are severable. 267
Section 13. This act shall take effect July 1, 2023. 268