Florida 2025 Regular Session

Florida House Bill H0667 Latest Draft

Bill / Comm Sub Version Filed 03/27/2025

                               
 
CS/HB 667  	2025 
 
 
 
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A bill to be entitled 1 
An act relating to liability for defamatory 2 
statements; amending s. 770.02, F.S.; requiring that 3 
certain articles or broadcasts be removed from 4 
specified websites within a specified period to limit 5 
damages for defamation; amending s. 770.04, F.S.; 6 
providing persons in certain positions relating to 7 
newspapers with immunity for defamation if such 8 
persons exercise due care to prevent publication of a 9 
defamatory statement; requiring removal of defamatory 10 
statements from specified websites in certain 11 
circumstances; providing an effective date. 12 
 13 
Be It Enacted by the Legislature of the State of Florida: 14 
 15 
 Section 1.  Subsections (1) and (2) of section 770.02, 16 
Florida Statutes, are amended to read: 17 
 770.02  Correction, apology, or retraction by newspaper or 18 
broadcast station.— 19 
 (1)  If it appears upon the trial that said article or 20 
broadcast was published in good faith; that its falsity was due 21 
to an honest mistake of the facts; that there were reasonable 22 
grounds for believing that the statements in said article or 23 
broadcast were true; and that, within the period of time 24 
specified in subsection (2), a full and fair correction, 25     
 
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apology, or retraction was, in the case of a newspaper or 26 
periodical, published in the same editions or corresponding 27 
issues of the newspaper or periodical in which said article 28 
appeared and in as conspicuous place and type as said original 29 
article or, in the case of a broadcast, the correc tion, apology, 30 
or retraction was broadcast at a comparable time, then the 31 
plaintiff in such case shall recover only actual damages. For 32 
purposes of this section, if such an article or broadcast has 33 
been published on the Internet, the article or broadcast m ust be 34 
permanently removed from any website over which the newspaper, 35 
broadcaster, or periodical has control within the time period 36 
provided in paragraph (2)(a) in order to limit recovery to 37 
actual damages as provided in this section. 38 
 (2)  Full and fair c orrection, apology, or retraction shall 39 
be made: 40 
 (a)  In the case of a broadcast or a daily or weekly 41 
newspaper or periodical, within 10 days after service of 42 
notice.; 43 
 (b)  In the case of a newspaper or periodical published 44 
semimonthly, within 20 days af ter service of notice .; 45 
 (c)  In the case of a newspaper or periodical published 46 
monthly, within 45 days after service of notice .; and 47 
 (d)  In the case of a newspaper or periodical published 48 
less frequently than monthly, in the next issue, provided notice 49 
is served no later than 45 days before prior to such 50     
 
CS/HB 667  	2025 
 
 
 
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publication. 51 
 Section 2.  Section 770.04, Florida Statutes, is amended to 52 
read: 53 
 770.04  Civil liability of certain media outlets radio or 54 
television broadcasting stations ; care to prevent publication or 55 
utterance required.— 56 
 (1) The owner, licensee, or operator of a radio or 57 
television broadcasting station or a newspaper, and the agents 58 
or employees of any such owner, licensee , or operator, are shall 59 
not be liable for any damages for any defamatory s tatement 60 
published or uttered in or as a part of a radio or television 61 
broadcast or newspaper article , by one other than such owner, 62 
licensee, or operator, or general agent or employees thereof, 63 
unless it is shall be alleged and proved by the complaining 64 
party, that such owner, licensee, operator, general agent , or 65 
employee, has failed to exercise due care to prevent the 66 
publication or utterance of such statement in such broadcasts or 67 
newspaper articles, provided, however, the exercise of due care 68 
shall be construed to include the bona fide compliance with any 69 
federal law or the regulation of any federal regulatory agency. 70 
 (2)  When an owner, a licensee, or an operator described in 71 
subsection (1) publishes a defamatory statement on the Internet 72 
with no knowledge of falsity of the statement and thereafter 73 
receives notice that such statement has been found in a judicial 74 
proceeding to be false, or receives notice of facts that would 75     
 
CS/HB 667  	2025 
 
 
 
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cause a reasonable person to conclude that such statement was 76 
false, and the owner, licensee, or operator fails to take 77 
reasonable steps to permanently remove the statement and any 78 
related report from any website over which the newspaper, 79 
broadcaster, or periodical has control, the continued appearance 80 
of such statement or report on such website after the notice is 81 
a new publication for purpose of the statute of limitations, and 82 
the owner, licensee, or operator shall not be entitled to a fair 83 
reporting privilege for such new publication; provided that no 84 
action shall be commenced more than 20 years after the date of 85 
first publication. 86 
 Section 3. This act shall take effect July 1, 2025. 87