Florida 2024 Regular Session

Florida House Bill H0757 Compare Versions

OldNewDifferences
11
22
3-CS/CS/HB 757 2024
3+CS/HB 757 2024
44
55
66
77 CODING: Words stricken are deletions; words underlined are additions.
8-hb0757-02-c2
9-Page 1 of 11
8+hb0757-01-c1
9+Page 1 of 10
1010 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
1111
1212
1313
1414 A bill to be entitled 1
1515 An act relating to defamation, false light, and 2
1616 unauthorized publication of name or likenesses; 3
1717 amending s. 770.02, F.S.; requiring that certain 4
1818 articles or broadcasts be removed from the Internet 5
1919 within a specified period to limit damages for 6
2020 defamation; amending s. 770.04, F.S.; providing 7
2121 persons in certain positions relating to newspapers 8
2222 with immunity for defamation if such persons exercise 9
2323 due care to prevent utterance of such a statement; 10
2424 requiring removal of defamatory statements from the 11
2525 Internet in certain circumstances; amending s. 770.05, 12
2626 F.S.; providing a definition; providing venue for 13
2727 damages for a defamation or privacy tort based on 14
2828 material broadcast over radio or television; providing 15
2929 venue for damages for a defamation or privacy tort 16
3030 based on material published, exhibited, or uttered on 17
31-the Internet; providing for award of attorney fees and 18
32-damages due to plaintiff's choice of venue in certain 19
33-circumstances; creating s. 770.107, F.S.; providing 20
34-for a motion for a veracity hearing in a defama tion or 21
35-privacy tort action; specifying determinations to be 22
36-made on such a motion; providing a timeframe for a 23
37-hearing; limiting the court's review of such a motion; 24
38-specifying that a certain finding may not be made in 25
31+the Internet; creating s. 770.107, F.S.; providing for 18
32+a motion for a veracity hearing in a defamation or 19
33+privacy tort action; specifying determinations to be 20
34+made on such a motion; providing a timeframe for a 21
35+hearing; limiting the court's review of such a motion; 22
36+specifying that a certain finding may not be made in 23
37+ruling on such a motion; creating s. 770.11, F.S.; 24
38+providing a rebuttable presumption that a publisher of 25
3939
40-CS/CS/HB 757 2024
40+CS/HB 757 2024
4141
4242
4343
4444 CODING: Words stricken are deletions; words underlined are additions.
45-hb0757-02-c2
46-Page 2 of 11
45+hb0757-01-c1
46+Page 2 of 10
4747 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
4848
4949
5050
51-ruling on such a motion; providing f or award of 26
52-attorney fees in certain circumstances; creating s. 27
53-770.11, F.S.; providing a rebuttable presumption that 28
54-a publisher of a false statement acted with actual 29
55-malice in certain circumstances; creating s. 770.15, 30
56-F.S.; providing a definition; prov iding that a person 31
57-who uses artificial intelligence to create or edit any 32
58-form of media in a certain manner is subject to 33
59-liability in certain circumstances; incorporating 34
60-certain standards; reenacting ss. 770.06, 770.07, and 35
61-770.08, F.S., relating to adv erse judgment in any 36
62-jurisdiction as a bar to additional action, cause of 37
63-action and time of accrual, and limitation on recovery 38
64-of damages, respectively, to incorporate the amendment 39
65-made to s. 770.05, F.S., in references thereto; 40
66-providing severability; providing an effective date. 41
67- 42
68-Be It Enacted by the Legislature of the State of Florida: 43
69- 44
70- Section 1. Section 770.02, Florida Statutes, is amended to 45
71-read: 46
72- 770.02 Correction, apology, or retraction by newspaper or 47
73-broadcast station.— 48
74- (1) If it appears upon the trial that said article or 49
75-broadcast was published in good faith; that its falsity was due 50
51+a false statement acted with actual mali ce in certain 26
52+circumstances; creating s. 770.15, F.S.; providing a 27
53+definition; providing that a person who uses 28
54+artificial intelligence to create or edit any form of 29
55+media in a certain manner is subject to liability in 30
56+certain circumstances; incorporating certain 31
57+standards; reenacting ss. 770.06, 770.07, and 770.08, 32
58+F.S., relating to adverse judgment in any jurisdiction 33
59+as a bar to additional action, cause of action and 34
60+time of accrual, and limitation on recovery of 35
61+damages, respectively, to incorporate the amendment 36
62+made to s. 770.05, F.S., in references thereto; 37
63+providing severability; providing an effective date. 38
64+ 39
65+Be It Enacted by the Legislature of the State of Florida: 40
66+ 41
67+ Section 1. Section 770.02, Florida Statutes, is amended to 42
68+read: 43
69+ 770.02 Correction, apology, or retraction by newspaper or 44
70+broadcast station. 45
71+ (1) If it appears upon the trial that said article or 46
72+broadcast was published in good faith; that its falsity was due 47
73+to an honest mistake of the facts; that there were reasonable 48
74+grounds for believing that the statements in said article or 49
75+broadcast were true; and that, within the period of time 50
7676
77-CS/CS/HB 757 2024
77+CS/HB 757 2024
7878
7979
8080
8181 CODING: Words stricken are deletions; words underlined are additions.
82-hb0757-02-c2
83-Page 3 of 11
82+hb0757-01-c1
83+Page 3 of 10
8484 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
8585
8686
8787
88-to an honest mistake of the facts; that there were reasonable 51
89-grounds for believing that the statements in said article or 52
90-broadcast were true; and th at, within the period of time 53
91-specified in subsection (2), a full and fair correction, 54
92-apology, or retraction was, in the case of a newspaper or 55
93-periodical, published in the same editions or corresponding 56
94-issues of the newspaper or periodical in which said article 57
95-appeared and in as conspicuous place and type as said original 58
96-article or, in the case of a broadcast, the correction, apology, 59
97-or retraction was broadcast at a comparable time, then the 60
98-plaintiff in such case shall recover only actual damages. 61
99- (2) Full and fair correction, apology, or retraction shall 62
100-be made: 63
101- (a) In the case of a broadcast or a daily or weekly 64
102-newspaper or periodical, within 10 days after service of 65
103-notice.; 66
104- (b) In the case of a newspaper or periodical published 67
105-semimonthly, within 20 days after service of notice .; 68
106- (c) In the case of a newspaper or periodical published 69
107-monthly, within 45 days after service of notice .; and 70
108- (d) In the case of a newspaper or periodical published 71
109-less frequently than monthly, in the next iss ue, provided notice 72
110-is served no later than 45 days prior to such publication. 73
111- (3) For purposes of this section, in order to limit 74
112-recovery to actual damages as provided in this section, when 75
88+specified in subsection (2), a full and fair correction, 51
89+apology, or retraction was, in the case of a newspaper or 52
90+periodical, published in the same editions or corresponding 53
91+issues of the newspaper or periodical in which said article 54
92+appeared and in as conspicuous place and type as said original 55
93+article or, in the case of a broadcast, the correction, apology, 56
94+or retraction was broadcast at a com parable time, then the 57
95+plaintiff in such case shall recover only actual damages. For 58
96+purposes of this section, if such an article or a broadcast has 59
97+been published on the Internet, the article or broadcast must be 60
98+permanently removed from the Internet with in the time period 61
99+provided in paragraph (2)(a) in order to limit recovery to 62
100+actual damages as provided in this section. 63
101+ (2) Full and fair correction, apology, or retraction shall 64
102+be made: 65
103+ (a) In the case of a broadcast or a daily or weekly 66
104+newspaper or periodical, within 10 days after service of 67
105+notice.; 68
106+ (b) In the case of a newspaper or periodical published 69
107+semimonthly, within 20 days after service of notice .; 70
108+ (c) In the case of a newspaper or periodical published 71
109+monthly, within 45 days after se rvice of notice.; and 72
110+ (d) In the case of a newspaper or periodical published 73
111+less frequently than monthly, in the next issue, provided notice 74
112+is served no later than 45 days prior to such publication. 75
113113
114-CS/CS/HB 757 2024
114+CS/HB 757 2024
115115
116116
117117
118118 CODING: Words stricken are deletions; words underlined are additions.
119-hb0757-02-c2
120-Page 4 of 11
119+hb0757-01-c1
120+Page 4 of 10
121121 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
122122
123123
124124
125-such an article or a broadcast has been published on the 76
126-Internet, the article or broadcast must either be: 77
127- (a) Permanently removed from the Internet within the time 78
128-period provided in paragraph (2)(a); or 79
129- (b) Retracted or corrected within the time period provided 80
130-in paragraph (2)(a) and a notation must be placed on the 81
131-headline and at the beginning of the article, in type font as 82
132-large or larger than the article's, stating the retraction or 83
133-correction was made and what was retracted or corrected. 84
134- Section 2. Section 770.04, Florida Statutes, is amended to 85
135-read: 86
136- 770.04 Civil liability of certain media outlets radio or 87
137-television broadcasting stations ; care to prevent publication or 88
138-utterance required.— 89
139- (1) The owner, licensee, or operator of a radio or 90
140-television broadcasting station or a newspaper, and the agents 91
141-or employees of any such owner, licensee , or operator, shall not 92
142-be liable for any damages for any defamatory statement published 93
143-or uttered in or as a part of a radio or television broadcast or 94
144-newspaper article, by one other than such owner, licen see, or 95
145-operator, or general agent or employees thereof, unless it is 96
146-shall be alleged and proved by the complaining party , that such 97
147-owner, licensee, operator, general agent , or employee, has 98
148-failed to exercise due care to prevent the publication or 99
149-utterance of such statement in such broadcasts or newspaper 100
125+ Section 2. Section 770.04, Florida Statutes, is a mended to 76
126+read: 77
127+ 770.04 Civil liability of certain media outlets radio or 78
128+television broadcasting stations ; care to prevent publication or 79
129+utterance required.— 80
130+ (1) The owner, licensee, or operator of a radio or 81
131+television broadcasting station or a newspaper, and the agents 82
132+or employees of any such owner, licensee , or operator, shall not 83
133+be liable for any damages for any defamatory statement published 84
134+or uttered in or as a part of a radio or television broadcast or 85
135+newspaper article, by one other than suc h owner, licensee, or 86
136+operator, or general agent or employees thereof, unless it is 87
137+shall be alleged and proved by the complaining party , that such 88
138+owner, licensee, operator, general agent , or employee, has 89
139+failed to exercise due care to prevent the public ation or 90
140+utterance of such statement in such broadcasts or newspaper 91
141+articles, provided, however, the exercise of due care shall be 92
142+construed to include the bona fide compliance with any federal 93
143+law or the regulation of any federal regulatory agency. 94
144+ (2) When an owner, a licensee, or an operator described in 95
145+subsection (1) publishes a defamatory statement on the Internet 96
146+with no knowledge of falsity of the statement and thereafter 97
147+receives notice that such statement has been found in a judicial 98
148+proceeding to be false, or receives notice of facts that would 99
149+cause a reasonable person to conclude that such statement was 100
150150
151-CS/CS/HB 757 2024
151+CS/HB 757 2024
152152
153153
154154
155155 CODING: Words stricken are deletions; words underlined are additions.
156-hb0757-02-c2
157-Page 5 of 11
156+hb0757-01-c1
157+Page 5 of 10
158158 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
159159
160160
161161
162-articles, provided, however, the exercise of due care shall be 101
163-construed to include the bona fide compliance with any federal 102
164-law or the regulation of any federal regulatory agency. 103
165- (2) When an owner, a licensee, or an operator described in 104
166-subsection (1) publishes a defamatory statement on the Internet 105
167-with no knowledge of falsity of the statement and thereafter 106
168-receives notice that such statement has been found in a judicial 107
169-proceeding to be false, or receives notice of facts that would 108
170-cause a reasonable person to conclude that such statement was 109
171-false, and the owner, licensee, or operator fails to take 110
172-reasonable steps to permanently remove the statement and any 111
173-related report from the Internet or correct the statement as 112
174-prescribed in s. 770.02(3), the continued appearance of such 113
175-statement or report on the Internet after the notice shall be a 114
176-new publication for purpose of the statute of limitations, and 115
177-the owner, licensee, or operator shall not be entitled to a fair 116
178-reporting privilege for such new publication. 117
179- Section 3. Section 770.05, Florida Statutes, is amended to 118
180-read: 119
181- 770.05 Limitation of choice of venue. 120
182- (1) As used in this chapter, the term "defamation or 121
183-privacy tort" means lib el, slander, invasion of privacy, or any 122
184-other tort founded upon any single publication, exhibition, or 123
185-utterance, such as any one edition of a newspaper, book, or 124
186-magazine, any one presentation to an audience, any one broadcast 125
162+false, and the owner, licensee, or operator fails to take 101
163+reasonable steps to permanently remove the statement and any 102
164+related report from th e Internet, the continued appearance of 103
165+such statement or report on the Internet after the notice shall 104
166+be a new publication for purpose of the statute of limitations, 105
167+and the owner, licensee, or operator shall not be entitled to a 106
168+fair reporting privilege for such new publication. 107
169+ Section 3. Section 770.05, Florida Statutes, is amended to 108
170+read: 109
171+ 770.05 Limitation of choice of venue. 110
172+ (1) As used in this chapter, the term "defamation or 111
173+privacy tort" means libel, slander, invasion of privacy, or any 112
174+other tort founded upon any single publication, exhibition, or 113
175+utterance, such as any one edition of a newspaper, book, or 114
176+magazine, any one presentation to an audience, any one broadcast 115
177+over radio or television, any one exhibition of a motion 116
178+picture, or any one publication, exhibition, or utterance on the 117
179+Internet. 118
180+ (2) A No person may not shall have more than one choice of 119
181+venue for damages for a defamation or privacy tort libel or 120
182+slander, invasion of privacy, or any other tort founded upon any 121
183+single publication, exhibition, or utterance, such as any one 122
184+edition of a newspaper, book, or magazine, any one presentation 123
185+to an audience, any one broadcast over radio or television, or 124
186+any one exhibition of a motion picture . Recovery in any action 125
187187
188-CS/CS/HB 757 2024
188+CS/HB 757 2024
189189
190190
191191
192192 CODING: Words stricken are deletions; words underlined are additions.
193-hb0757-02-c2
194-Page 6 of 11
193+hb0757-01-c1
194+Page 6 of 10
195195 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
196196
197197
198198
199-over radio or television, a ny one exhibition of a motion 126
200-picture, or any one publication, exhibition, or utterance on the 127
201-Internet. 128
202- (2) A No person may not shall have more than one choice of 129
203-venue for damages for a defamation or privacy tort libel or 130
204-slander, invasion of privacy, or any other tort founded upon any 131
205-single publication, exhibition, or utterance, such as any one 132
206-edition of a newspaper, book, or magazine, any one presentation 133
207-to an audience, any one broadcast over radio or television, or 134
208-any one exhibition of a motion p icture. Recovery in any action 135
209-shall include all damages for any such tort suffered by the 136
210-plaintiff in all jurisdictions. 137
211- (3) Notwithstanding any other provision of this chapter, 138
212-or any other statute providing for venue, when: 139
213- (a) Damages for a defama tion or privacy tort are based on 140
214-material broadcast over radio or television, venue is proper in 141
215-any county in which the material was accessed and in which a 142
216-plaintiff reasonably suffered damages as a result of the 143
217-broadcast. 144
218- (b) Damages for a defamatio n or privacy tort are based on 145
219-material published, exhibited, or uttered on the Internet, venue 146
220-is proper in any county in the state in which a plaintiff 147
221-reasonably suffered damages as a result of the publication. 148
222- (c) A plaintiff may not bring an action for a defamation 149
223-or privacy tort in a venue that does not possess a reasonable 150
199+shall include all damages for any such tort suffered by the 126
200+plaintiff in all jurisdictions. 127
201+ (3) Notwithstanding any other provision of this chapter, 128
202+or any other statute providing for venue, when: 129
203+ (a) Damages for a defamation or privacy tort are based on 130
204+material broadcast over radio or television, venue is proper in 131
205+any county in which the material was accessed. 132
206+ (b) Damages for a defamation or privacy tort are based on 133
207+material published, exhibited, or uttered on the Internet, venue 134
208+is proper in any county in the state. 135
209+ Section 4. Section 770.107, Florida Statutes, is created 136
210+to read: 137
211+ 770.107 Veracity hearings in defamation or privacy tort 138
212+actions.— 139
213+ (1) Upon motion by any party to a cause of action brought 140
214+under this chapter, the court shall conduct an evidentiary 141
215+hearing to determine: 142
216+ (a) Whether a statement is a statement of fact or an 143
217+opinion. 144
218+ (b) The veracity of any statement of fact that constitutes 145
219+the basis for the cause of action. 146
220+ (2) Unless otherwise agreed to by the parties, the court 147
221+shall hear the motion within 60 days after service of the 148
222+motion. 149
223+ (3) The court's review of the motion shall be limited 150
224224
225-CS/CS/HB 757 2024
225+CS/HB 757 2024
226226
227227
228228
229229 CODING: Words stricken are deletions; words underlined are additions.
230-hb0757-02-c2
231-Page 7 of 11
230+hb0757-01-c1
231+Page 7 of 10
232232 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
233233
234234
235235
236-connection to the material circumstances related to the cause of 151
237-action. 152
238- (4) Upon the court's initiative or motion of any party, 153
239-the court shall award reasonable attorney fees and damages to be 154
240-paid to the defendant in equal amounts by the plaintiff and the 155
241-plaintiff's attorney if a plaintiff's choice of venue is 156
242-determined to possess no reasonable connection to the material 157
243-circumstances related to the cause of action or the p laintiff's 158
244-choice of venue is determined to have been sought for the 159
245-purposes of harassment or other vexatious purpose. 160
246- Section 4. Section 770.107, Florida Statutes, is created 161
247-to read: 162
248- 770.107 Veracity hearings in defamation or privacy tort 163
249-actions.— 164
250- (1)(a) Upon motion by any party to a cause of action 165
251-brought under this chapter, the court shall conduct a hearing to 166
252-determine the following: 167
253- 1. Whether any material statement that constitutes the 168
254-basis for the cause of action is a statement of fact or an 169
255-opinion. 170
256- 2. The veracity of any statement of fact that constitutes 171
257-the basis for the cause of action. 172
258- (b) The court shall grant such motion if the movant shows 173
259-there is no genuine dispute as to any material fact regarding 174
260-the subject of the motion. 175
236+solely to determining whether a statement is a statement of fact 151
237+or an opinion and the veracity of the statement of fact at issue 152
238+in the underlying cause of action. 153
239+ (4) In ruling upon a motion for determination of veracity, 154
240+the court shall issue no findings regarding the following 155
241+matters at issue in the underlying cause of action: 156
242+ (a) Whether the statement of fact constitutes defamation 157
243+per se, defamation per quod, or a privacy tort; 158
244+ (b) Whether the plaintiff in the cause of action qualifies 159
245+as a public figure or limited public figure; or 160
246+ (c) Whether the defendant in the cause of action acted 161
247+negligently, recklessly, intent ionally, or with actual malice. 162
248+ Section 5. Section 770.11, Florida Statutes, is created to 163
249+read: 164
250+ 770.11 Presumption regarding anonymous sources when the 165
251+statement made about a public figure is false. —If a public 166
252+figure plaintiff can establish that a published statement is 167
253+false and that the publisher relied on an anonymous source for 168
254+the statement, there is a rebuttable presumption that the 169
255+publisher acted with actual malice in publishing the statement. 170
256+ Section 6. Section 770.15, Florida Statutes, is created to 171
257+read: 172
258+ 770.15 Using artificial intelligence to place person in 173
259+false light.— 174
260+ (1) As used in this section, the term "artificial 175
261261
262-CS/CS/HB 757 2024
262+CS/HB 757 2024
263263
264264
265265
266266 CODING: Words stricken are deletions; words underlined are additions.
267-hb0757-02-c2
268-Page 8 of 11
267+hb0757-01-c1
268+Page 8 of 10
269269 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
270270
271271
272272
273- (2) Unless otherwise agreed to by the parties, the court 176
274-shall hear the motion within 60 days after service of the 177
275-motion. 178
276- (3) The court's review of the motion shall be limited 179
277-solely to determining whether a statement is a statement of fact 180
278-or an opinion and the veracity of the statement of fact at issue 181
279-in the underlying cause of action. 182
280- (4) In ruling upon a motion for determination of veracity, 183
281-the court shall issue no findings regarding the following 184
282-matters at issue in the underlying caus e of action: 185
283- (a) Whether the statement of fact constitutes defamation 186
284-per se, defamation per quod, or a privacy tort; 187
285- (b) Whether the plaintiff in the cause of action qualifies 188
286-as a public figure or limited public figure; or 189
287- (c) Whether the defendant in the cause of action acted 190
288-negligently, recklessly, intentionally, or with actual malice. 191
289- (5) The court shall assess against the nonprevailing party 192
290-the reasonable attorney fees and costs associated with the 193
291-hearing. 194
292- Section 5. Section 770.11, Flo rida Statutes, is created to 195
293-read: 196
294- 770.11 Presumption regarding anonymous sources when the 197
295-statement made about a public figure is false. —If a public 198
296-figure plaintiff can establish that a published statement is 199
297-false and that the publisher relied on an a nonymous source for 200
273+intelligence" means the theory and development of computer 176
274+systems that are designed to simulate human intellig ence through 177
275+machine learning and perform tasks that would normally require 178
276+human involvement, such as visual perception, speech 179
277+recognition, decisionmaking, and translation between languages. 180
278+ (2) A person who uses artificial intelligence to create or 181
279+edit any form of media so that it attributes something false to 182
280+or leads a reasonable viewer to believe something false about 183
281+another person is subject to liability if all of the following 184
282+apply: 185
283+ (a) The media is published, distributed, or otherwise 186
284+placed before the public. 187
285+ (b) The false light in which the other person was placed 188
286+would be highly offensive to a reasonable person. 189
287+ (c) The person had knowledge of or acted in reckless 190
288+disregard as to the false implications of the media. 191
289+ (3) This section incorporates the standards set forth 192
290+under chapter 770 for defamation causes of action to the extent 193
291+necessary. 194
292+ Section 7. For the purpose of incorporating the amendment 195
293+made by this act to section 770.05, Florida Statutes, in a 196
294+reference thereto, sect ion 770.06, Florida Statutes, is 197
295+reenacted to read: 198
296+ 770.06 Adverse judgment in any jurisdiction a bar to 199
297+additional action.—A judgment in any jurisdiction for or against 200
298298
299-CS/CS/HB 757 2024
299+CS/HB 757 2024
300300
301301
302302
303303 CODING: Words stricken are deletions; words underlined are additions.
304-hb0757-02-c2
305-Page 9 of 11
304+hb0757-01-c1
305+Page 9 of 10
306306 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
307307
308308
309309
310-the statement, there is a rebuttable presumption that the 201
311-publisher acted with actual malice in publishing the statement. 202
312- Section 6. Section 770.15, Florida Statutes, is created to 203
313-read: 204
314- 770.15 Using artificial intelligence to pla ce person in 205
315-false light. 206
316- (1) As used in this section, the term "artificial 207
317-intelligence" means a machine -based system that, for explicit or 208
318-implicit objectives, infers, from the input the system receives, 209
319-how to generate outputs such as predictions, content, 210
320-recommendations, or decisions that can influence physical or 211
321-virtual environments. Different artificial intelligence systems 212
322-vary in the levels of autonomy and adaptiveness after 213
323-deployment. 214
324- (2) A person who intentionally uses artificial 215
325-intelligence to create or edit any form of media so that it 216
326-attributes something false to or leads a reasonable viewer to 217
327-believe something false about another person is subject to 218
328-liability if all of the following apply: 219
329- (a) The media is published, distributed , or otherwise 220
330-placed before the public. 221
331- (b) The false light in which the other person was placed 222
332-would be highly offensive to a reasonable person. 223
333- (c) The person creating or editing the media had actual 224
334-knowledge of or acted in reckless disregard as t o the false 225
310+the plaintiff upon the substantive merits of any action for 201
311+damages founded upon a single publication or exhibition or 202
312+utterance as described in s. 770.05 shall bar any other action 203
313+for damages by the same plaintiff against the same defendant 204
314+founded upon the same publication or exhibition or utterance. 205
315+ Section 8. For the purpose of incorporating the amendment 206
316+made by this act to section 770.05, Florida Statutes, in a 207
317+reference thereto, section 770.07, Florida Statutes, is 208
318+reenacted to read: 209
319+ 770.07 Cause of action, time of accrual. —The cause of 210
320+action for damages founded upon a sing le publication or 211
321+exhibition or utterance, as described in s. 770.05, shall be 212
322+deemed to have accrued at the time of the first publication or 213
323+exhibition or utterance thereof in this state. 214
324+ Section 9. For the purpose of incorporating the amendment 215
325+made by this act to section 770.05, Florida Statutes, in a 216
326+reference thereto, section 770.08, Florida Statutes, is 217
327+reenacted to read: 218
328+ 770.08 Limitation on recovery of damages. —No person shall 219
329+have more than one choice of venue for damages for libel founded 220
330+upon a single publication or exhibition or utterance, as 221
331+described in s. 770.05, and upon his or her election in any one 222
332+of his or her choices of venue, then the person shall be bound 223
333+to recover there all damages allowed him or her. 224
334+ Section 10. If any provision of this act or its 225
335335
336-CS/CS/HB 757 2024
336+CS/HB 757 2024
337337
338338
339339
340340 CODING: Words stricken are deletions; words underlined are additions.
341-hb0757-02-c2
342-Page 10 of 11
341+hb0757-01-c1
342+Page 10 of 10
343343 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
344344
345345
346346
347-implications of the media. 226
348- (3) This section incorporates the standards set forth 227
349-under chapter 770 for defamation causes of action to the extent 228
350-necessary. 229
351- Section 7. For the purpose of incorporating the amendment 230
352-made by this act to sect ion 770.05, Florida Statutes, in a 231
353-reference thereto, section 770.06, Florida Statutes, is 232
354-reenacted to read: 233
355- 770.06 Adverse judgment in any jurisdiction a bar to 234
356-additional action.—A judgment in any jurisdiction for or against 235
357-the plaintiff upon the sub stantive merits of any action for 236
358-damages founded upon a single publication or exhibition or 237
359-utterance as described in s. 770.05 shall bar any other action 238
360-for damages by the same plaintiff against the same defendant 239
361-founded upon the same publication or ex hibition or utterance. 240
362- Section 8. For the purpose of incorporating the amendment 241
363-made by this act to section 770.05, Florida Statutes, in a 242
364-reference thereto, section 770.07, Florida Statutes, is 243
365-reenacted to read: 244
366- 770.07 Cause of action, time of acc rual.—The cause of 245
367-action for damages founded upon a single publication or 246
368-exhibition or utterance, as described in s. 770.05, shall be 247
369-deemed to have accrued at the time of the first publication or 248
370-exhibition or utterance thereof in this state. 249
371- Section 9. For the purpose of incorporating the amendment 250
372-
373-CS/CS/HB 757 2024
374-
375-
376-
377-CODING: Words stricken are deletions; words underlined are additions.
378-hb0757-02-c2
379-Page 11 of 11
380-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
381-
382-
383-
384-made by this act to section 770.05, Florida Statutes, in a 251
385-reference thereto, section 770.08, Florida Statutes, is 252
386-reenacted to read: 253
387- 770.08 Limitation on recovery of damages. —No person shall 254
388-have more than one choice of venue for damages for libel founded 255
389-upon a single publication or exhibition or utterance, as 256
390-described in s. 770.05, and upon his or her election in any one 257
391-of his or her choices of venue, then the person shall be bound 258
392-to recover there all damages allowed him or her. 259
393- Section 10. If any provision of this act or its 260
394-application to any person or circumstance is held invalid, the 261
395-invalidity does not affect other provisions or applications of 262
396-this act which can be given effect without the invalid provision 263
397-or application, and to this end the provisions of this act are 264
398-severable. 265
399- Section 11. This act shall take effect July 1, 2024. 266
347+application to any person or circumstance is held invalid, the 226
348+invalidity does not affect other provisions or applications of 227
349+this act which can be given effect without the invalid provision 228
350+or application, and to this end the pr ovisions of this act are 229
351+severable. 230
352+ Section 11. This act shall take effect July 1, 2024. 231