| 1 | A bill to be entitled |
| 2 | An act relating to actions involving free speech or |
| 3 | defamation; creating s. 770.09, F.S.; clarifying criteria |
| 4 | for liability for publishing a matter concerning an |
| 5 | individual which places that individual before the public |
| 6 | in a false light; providing for a civil action to recover |
| 7 | damages; requiring that the person bringing the action |
| 8 | plead and prove by clear and convincing evidence the |
| 9 | elements of the claim; providing that certain privileged |
| 10 | publications are not subject to liability under the act; |
| 11 | limiting the period in which to commence an action; |
| 12 | providing that the Legislature intends that the act apply |
| 13 | retroactively; providing an effective date. |
| 14 |
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| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
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| 17 | Section 1. Section 770.09, Florida Statutes, is created to |
| 18 | read: |
| 19 | 770.09 Publicity placing a person in a false light.-- |
| 20 | (1) A person may not be held liable for publishing a |
| 21 | matter concerning an individual which places that individual |
| 22 | before the public in a false light, unless: |
| 23 | (a) The matter published relates to a fact that is false; |
| 24 | (b) The false fact placed the individual in a false light |
| 25 | that is highly offensive to a reasonable person; |
| 26 | (c) The person making the publication acted knowingly or |
| 27 | in reckless disregard as to the falsity of the fact publicized; |
| 28 | and |
| 29 | (d) The person making the publication acted knowingly or |
| 30 | in reckless disregard as to the false light in which the |
| 31 | individual would be placed. |
| 32 | (2) A person may bring a civil action under this section |
| 33 | to recover damages sustained by reason of the false light in |
| 34 | which he or she was placed, except that ss. 770.01 and 770.02 |
| 35 | apply to all actions under this section. |
| 36 | (3) In any action under this section, the person bringing |
| 37 | the action has the burden to plead and prove by clear and |
| 38 | convincing evidence the elements set forth in subsection (1). |
| 39 | (4) A publication that is privileged or otherwise |
| 40 | protected from liability under the common law of defamation, the |
| 41 | First Amendment to the United States Constitution, or s. 4, Art. |
| 42 | I of the State Constitution is not subject to liability under |
| 43 | this section. |
| 44 | (5) An action may not be brought or maintained under this |
| 45 | section if a claim based upon the same published fact or facts |
| 46 | is, or could be, brought under the common law of defamation. |
| 47 | (6) A cause of action for damages founded upon a single |
| 48 | publication as described in this section accrues at the time of |
| 49 | the first publication or exhibition or utterance thereof in this |
| 50 | state. A judgment in any jurisdiction for or against the |
| 51 | plaintiff upon the substantive merits of any action for damages |
| 52 | founded upon a single publication as described in this section |
| 53 | bars any other action for damages by the same plaintiff against |
| 54 | the same defendant founded upon the same publication. |
| 55 | (7) An action may not be brought or maintained under this |
| 56 | section by, or on behalf of, a person who is deceased. |
| 57 | (8) An action under this section must be commenced within |
| 58 | 2 years after the first publication of the matter that forms the |
| 59 | basis of the claim. |
| 60 | (9) It is the expressed intent of the Legislature that |
| 61 | this section applies retroactively. |
| 62 | Section 2. This act shall take effect July 1, 2006. |