Florida Senate - 2024 SB 1780 By Senator Brodeur 10-00151A-24 20241780__ 1 A bill to be entitled 2 An act relating to defamation, false light, and 3 unauthorized publication of name or likenesses; 4 amending s. 90.5015, F.S.; providing that provisions 5 concerning journalists privilege do not apply to 6 defamation claims when the defendant is a professional 7 journalist or media entity; amending s. 770.05, F.S.; 8 defining the term defamation or privacy tort; 9 revising provisions concerning venue for certain 10 actions; amending s. 770.08, F.S.; revising provisions 11 limiting the choice of venue in specified actions; 12 creating s. 770.09, F.S.; exempting certain claims 13 from specified provisions concerning offers of 14 judgment and demands for judgment in civil actions; 15 providing for award of attorney fees and costs to 16 prevailing plaintiffs in such actions; creating s. 17 770.105, F.S.; specifying that certain persons may not 18 be considered public figures for purposes of certain 19 actions; creating s. 770.11, F.S.; specifying that a 20 fact finder may infer actual malice in certain 21 circumstances; providing that certain allegations are 22 defamatory per se; providing statutory damages to 23 prevailing plaintiffs who are the subject of such 24 allegations; creating s. 770.12, F.S.; creating a 25 presumption that a statement by an anonymous source is 26 presumptively false for purposes of a defamation 27 action; providing requirements if a defendant in a 28 defamation action refuses to identify an anonymous 29 source; creating s. 770.13, F.S.; providing that a 30 public figure does not need to show actual malice to 31 prevail in a defamation action in certain 32 circumstances; creating s. 770.15, F.S.; providing 33 that a person who gives publicity to a matter 34 concerning a natural person that places that person 35 before the public in a false light may be liable for 36 damages in certain circumstances; amending s. 720.304, 37 F.S.; revising a provision on award of attorney fees 38 in certain actions by property owners; amending s. 39 768.295, F.S.; revising a provision on award of 40 attorney fees in strategic lawsuits against public 41 participation; providing for severability; providing 42 an effective date. 43 44 Be It Enacted by the Legislature of the State of Florida: 45 46 Section 1.Subsection (9) is added to section 90.5015, 47 Florida Statutes, to read: 48 90.5015Journalists privilege. 49 (9)This section does not apply to defamation claims 50 brought under chapter 770 when the defendant is a professional 51 journalist or media entity. 52 Section 2.Section 770.05, Florida Statutes, is amended to 53 read: 54 770.05Limitation of choice of venue. 55 (1)As used in this chapter, the term defamation or 56 privacy tort refers to libel, slander, false light, invasion of 57 privacy, or any other tort founded upon any single publication, 58 exhibition, or utterance, such as any one edition of a 59 newspaper, book, or magazine, any one presentation to an 60 audience, any one broadcast over radio or television, any one 61 exhibition of a motion picture, or any one publication, 62 exhibition, or utterance on the Internet. Editing any form of 63 media so that it attributes something false or leads a 64 reasonable viewer to believe something false about a plaintiff 65 may give rise to a defamation claim or privacy tort. 66 (2)A No person may not shall have more than one choice of 67 venue for damages for any defamation or privacy tort libel or 68 slander, invasion of privacy, or any other tort founded upon any 69 single publication, exhibition, or utterance, such as any one 70 edition of a newspaper, book, or magazine, any one presentation 71 to an audience, any one broadcast over radio or television, or 72 any one exhibition of a motion picture. Recovery in any action 73 shall include all damages for any such tort suffered by the 74 plaintiff in all jurisdictions. 75 (3)Notwithstanding any other provision of this chapter, or 76 any other statute providing for venue, when: 77 (a)Damages for defamation are based on material published 78 through the radio or television, venue is proper in any county 79 where the material was accessed. 80 (b)Damages for defamation are based on material published 81 through the Internet, venue is proper in any county in the 82 state. 83 Section 3.Section 770.08, Florida Statutes, is amended to 84 read: 85 770.08Limitation on venue recovery of damages.Except as 86 provided in s. 770.05(3)(a), a No person may not shall have more 87 than one choice of venue for any defamation or privacy tort 88 damages for libel founded upon a single publication or 89 exhibition or utterance, as described in s. 770.05., and Upon 90 his or her election in any one of his or her choices of venue, 91 then the person shall be bound to recover there all damages 92 allowed him or her. 93 Section 4.Section 770.09, Florida Statutes, is created to 94 read: 95 770.09Application of costs and attorney fees in defamation 96 cases.The fee-shifting provisions of s. 768.79 do not apply to 97 defamation or privacy tort claims. Notwithstanding any other 98 provision of law, a prevailing plaintiff on a defamation or 99 privacy tort claim is entitled to an award of reasonable costs 100 and attorney fees. 101 Section 5.Section 770.105, Florida Statutes, is created to 102 read: 103 770.105Limitations on judicial determination of a public 104 figure.A person may not be considered a public figure for 105 purposes of establishing a defamation or privacy tort claim if 106 his or her fame or notoriety arises solely from one or more of 107 the following: 108 (1)Defending him or herself publicly against accusations. 109 (2)Granting an interview on a specific topic. 110 (3)Public employment other than elected office or 111 appointment by an elected official. 112 (4)A video, image, or statement uploaded on the Internet 113 that has reached a broad audience. 114 Section 6.Section 770.11, Florida Statutes, is created to 115 read: 116 770.11Clarifying defamation standards. 117 (1)A fact finder shall infer actual malice for purposes of 118 a defamation action when: 119 (a)The defamatory allegation is fabricated by the 120 defendant, is the product of his or her imagination, or is based 121 wholly on an unverified anonymous report; 122 (b)An allegation is so inherently implausible that only a 123 reckless person would have put it into circulation; 124 (c)There are obvious reasons to doubt the veracity of the 125 defamatory allegation or the accuracy of an informants reports. 126 There are obvious reasons to doubt the veracity of a report 127 when: 128 1.There is sufficient contrary evidence that was known to 129 or should have been known to the defendant after a reasonable 130 investigation; or 131 2.The report is inherently improbable or implausible on 132 its face; or 133 (d)The defendant willfully failed to validate, 134 corroborate, or otherwise verify the defamatory allegation. 135 (2)An allegation that the plaintiff has discriminated 136 against another person or group because of their race, sex, 137 sexual orientation, or gender identity constitutes defamation 138 per se. 139 (a)A defendant cannot prove the truth of an allegation of 140 discrimination with respect to sexual orientation or gender 141 identity by citing a plaintiffs constitutionally protected 142 religious expression or beliefs. 143 (b)A defendant cannot prove the truth of an allegation of 144 discrimination with respect to sexual orientation or gender 145 identity by citing a plaintiffs scientific beliefs. 146 (c)A prevailing plaintiff for allegations under this 147 subsection is, in addition to all other damages, entitled to 148 statutory damages of at least $35,000. 149 Section 7.Section 770.12, Florida Statutes, is created to 150 read: 151 770.12Presumption regarding anonymous sources. 152 (1)A statement by an anonymous source is presumptively 153 false for purposes of a defamation action. 154 (2)In a case where a defendant in a defamation action 155 refuses to identify the source of a defamatory statement, the 156 plaintiff need only prove that the defendant acted negligently 157 in making the defamatory statement. 158 Section 8.Section 770.13, Florida Statutes, is created to 159 read: 160 770.13Actual malice for public figures in defamation 161 cases.-A public figure does not need to show actual malice to 162 prevail in a defamation cause of action when the allegation does 163 not relate to the reason for his or her public status. 164 Section 9.Section 770.15, Florida Statutes, is created to 165 read: 166 770.15Invasion of privacy; place person before public in 167 false light. 168 (1)Any person who gives publicity to a matter concerning a 169 natural person that places that person before the public in a 170 false light is subject to liability if: 171 (a)The false light in which the person was placed would be 172 highly offensive to a reasonable person; and 173 (b)The defendant had knowledge of or acted in reckless 174 disregard as to the false implications of the publicized matter. 175 (2)This section incorporates the standards set forth under 176 this chapter for defamation causes of action to whatever extent 177 necessary. 178 (3)Editing any form of media so that it attributes 179 something false or leads a reasonable viewer to believe 180 something false about a plaintiff may give rise to a defamation 181 claim for false light. 182 Section 10.Paragraph (c) of subsection (4) of section 183 720.304, Florida Statutes, is amended to read: 184 720.304Right of owners to peaceably assemble; display of 185 flags; SLAPP suits prohibited. 186 (4)It is the intent of the Legislature to protect the 187 right of parcel owners to exercise their rights to instruct 188 their representatives and petition for redress of grievances 189 before the various governmental entities of this state as 190 protected by the First Amendment to the United States 191 Constitution and s. 5, Art. I of the State Constitution. The 192 Legislature recognizes that Strategic Lawsuits Against Public 193 Participation or SLAPP suits, as they are typically called, 194 have occurred when members are sued by individuals, business 195 entities, or governmental entities arising out of a parcel 196 owners appearance and presentation before a governmental entity 197 on matters related to the homeowners association. However, it 198 is the public policy of this state that government entities, 199 business organizations, and individuals not engage in SLAPP 200 suits because such actions are inconsistent with the right of 201 parcel owners to participate in the states institutions of 202 government. Therefore, the Legislature finds and declares that 203 prohibiting such lawsuits by governmental entities, business 204 entities, and individuals against parcel owners who address 205 matters concerning their homeowners association will preserve 206 this fundamental state policy, preserve the constitutional 207 rights of parcel owners, and assure the continuation of 208 representative government in this state. It is the intent of the 209 Legislature that such lawsuits be expeditiously disposed of by 210 the courts. 211 (c)A parcel owner sued by a governmental entity, business 212 organization, or individual in violation of this section has a 213 right to an expeditious resolution of a claim that the suit is 214 in violation of this section. A parcel owner may petition the 215 court for an order dismissing the action or granting final 216 judgment in favor of that parcel owner. The petitioner may file 217 a motion for summary judgment, together with supplemental 218 affidavits, seeking a determination that the governmental 219 entitys, business organizations, or individuals lawsuit has 220 been brought in violation of this section. The governmental 221 entity, business organization, or individual shall thereafter 222 file its response and any supplemental affidavits. As soon as 223 practicable, the court shall set a hearing on the petitioners 224 motion, which shall be held at the earliest possible time after 225 the filing of the governmental entitys, business organizations 226 or individuals response. The court may award the parcel owner 227 sued by the governmental entity, business organization, or 228 individual actual damages arising from the governmental 229 entitys, individuals, or business organizations violation of 230 this section. A court may treble the damages awarded to a 231 prevailing parcel owner and shall state the basis for the treble 232 damages award in its judgment. The court shall award the 233 nonmoving prevailing party reasonable attorney attorneys fees 234 and costs incurred in connection with a claim that an action was 235 filed in violation of this section if the nonmoving party 236 prevails on a motion filed under this section. 237 Section 11.Subsection (4) of section 768.295, Florida 238 Statutes, is amended to read: 239 768.295Strategic Lawsuits Against Public Participation 240 (SLAPP) prohibited. 241 (4)A person or entity sued by a governmental entity or 242 another person in violation of this section has a right to an 243 expeditious resolution of a claim that the suit is in violation 244 of this section. A person or entity may move the court for an 245 order dismissing the action or granting final judgment in favor 246 of that person or entity. The person or entity may file a motion 247 for summary judgment, together with supplemental affidavits, 248 seeking a determination that the claimants or governmental 249 entitys lawsuit has been brought in violation of this section. 250 The claimant or governmental entity shall thereafter file a 251 response and any supplemental affidavits. As soon as 252 practicable, the court shall set a hearing on the motion, which 253 shall be held at the earliest possible time after the filing of 254 the claimants or governmental entitys response. The court may 255 award, subject to the limitations in s. 768.28, the party sued 256 by a governmental entity actual damages arising from a 257 governmental entitys violation of this section. The court shall 258 award the nonmoving prevailing party reasonable attorney fees 259 and costs incurred in connection with a claim that an action was 260 filed in violation of this section if the nonmoving party 261 prevails on a motion filed under this section. 262 Section 12.If any provision of this act or the application 263 thereof to any person or circumstance is held invalid, the 264 invalidity does not affect other provisions or applications of 265 this act which can be given effect without the invalid provision 266 or application, and to this end the provisions of this act are 267 severable. 268 Section 13.This act shall take effect July 1, 2024.