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