Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1346
Barcode 614502
CHAMBER ACTION
Senate House
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11 The Committee on Judiciary (Aronberg) recommended the
12 following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Section 770.09, Florida Statutes, is
19 created to read:
20 770.09 Publicity placing a person in a false light.--
21 (1) A person may not be held liable for publishing a
22 matter concerning an individual which places that individual
23 before the public in a false light, unless:
24 (a) The false light in which the individual was placed
25 would be highly offensive to a reasonable person; and
26 (b) The person making the publication acted knowingly
27 or in reckless disregard as to the false light in which the
28 individual would be placed.
29 (2) A person may bring a civil action under this
30 section to recover damages sustained by reason of the false
31 light in which he or she was placed, except that ss. 770.01
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1346
Barcode 614502
1 and 770.02 apply to all actions under this section.
2 (3) In any action under this section, the person
3 bringing the action has the burden to plead and prove the
4 elements set forth in subsection (1) and that the publication
5 at issue was the legal cause of the loss, injury, or damage.
6 (4) A cause of action for damages founded upon a
7 single publication as described in this section accrues at the
8 time of the first publication or exhibition or utterance
9 thereof in this state. A judgment in any jurisdiction for or
10 against the plaintiff upon the substantive merits of any
11 action for damages founded upon a single publication as
12 described in this section bars any other action for damages by
13 the same plaintiff against the same defendant founded upon the
14 same publication.
15 (5) An action may not be brought or maintained under
16 this section by, or on behalf of, a person who is deceased.
17 Section 2. Paragraph (h) is added to subsection (4) of
18 section 95.11, Florida Statutes, to read:
19 95.11 Limitations other than for the recovery of real
20 property.--Actions other than for recovery of real property
21 shall be commenced as follows:
22 (4) WITHIN TWO YEARS.--
23 (h) An action for publicity placing a person in a
24 false light pursuant to s. 770.09.
25 Section 3. The provisions of this act are remedial and
26 it is the intent of the Legislature that, to the extent
27 permitted by law, this act shall apply retroactively.
28 Section 4. This act shall take effect July 1, 2006.
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1346
Barcode 614502
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 Delete everything before the enacting clause
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5 and insert:
6 A bill to be entitled
7 An act relating to actions involving free
8 speech or defamation; creating s. 770.09, F.S.;
9 providing criteria for liability for publishing
10 a matter concerning an individual which places
11 that individual before the public in a false
12 light; providing for a civil action to recover
13 damages; requiring that the person bringing the
14 action plead and prove the elements of the
15 claim; amending s. 95.11, F.S.; limiting the
16 period in which to commence an action;
17 providing that the act is remedial and that the
18 Legislature intends that the act apply
19 retroactively; providing an effective date.
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