Senate Bill sb1346
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Florida Senate - 2006 SB 1346
By Senator Smith
14-473B-06
1 A bill to be entitled
2 An act relating to actions involving free
3 speech or defamation; creating s. 770.09, F.S.;
4 clarifying criteria for liability for
5 publishing a matter concerning an individual
6 which places that individual before the public
7 in a false light; providing for a civil action
8 to recover damages; requiring that the person
9 bringing the action plead and prove by clear
10 and convincing evidence the elements of the
11 claim; providing that certain privileged
12 publications are not subject to liability under
13 the act; limiting the period in which to
14 commence an action; providing that the
15 Legislature intends that the act apply
16 retroactively; providing an effective date.
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18 Be It Enacted by the Legislature of the State of Florida:
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20 Section 1. Section 770.09, Florida Statutes, is
21 created to read:
22 770.09 Publicity placing a person in a false light.--
23 (1) A person may not be held liable for publishing a
24 matter concerning an individual which places that individual
25 before the public in a false light, unless:
26 (a) The matter published relates to a fact that is
27 false;
28 (b) The false fact placed the individual in a false
29 light that is highly offensive to a reasonable person;
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Florida Senate - 2006 SB 1346
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1 (c) The person making the publication acted knowingly
2 or in reckless disregard as to the falsity of the fact
3 publicized; and
4 (d) The person making the publication acted knowingly
5 or in reckless disregard as to the false light in which the
6 individual would be placed.
7 (2) A person may bring a civil action under this
8 section to recover damages sustained by reason of the false
9 light in which he or she was placed, except that ss. 770.01
10 and 770.02 apply to all actions under this section.
11 (3) In any action under this section, the person
12 bringing the action has the burden to plead and prove by clear
13 and convincing evidence the elements set forth in subsection
14 (1).
15 (4) A publication that is privileged or otherwise
16 protected from liability under the common law of defamation,
17 the First Amendment to the United States Constitution, or s.
18 4, Art. I of the State Constitution is not subject to
19 liability under this section.
20 (5) An action may not be brought or maintained under
21 this section if a claim based upon the same published fact or
22 facts is, or could be, brought under the common law of
23 defamation.
24 (6) A cause of action for damages founded upon a
25 single publication as described in this section accrues at the
26 time of the first publication or exhibition or utterance
27 thereof in this state. A judgment in any jurisdiction for or
28 against the plaintiff upon the substantive merits of any
29 action for damages founded upon a single publication as
30 described in this section bars any other action for damages by
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Florida Senate - 2006 SB 1346
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1 the same plaintiff against the same defendant founded upon the
2 same publication.
3 (7) An action may not be brought or maintained under
4 this section by, or on behalf of, a person who is deceased.
5 (8) An action under this section must be commenced
6 within 2 years after the first publication of the matter that
7 forms the basis of the claim.
8 (9) It is the expressed intent of the Legislature that
9 this section applies retroactively.
10 Section 2. This act shall take effect July 1, 2006.
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13 SENATE SUMMARY
14 Clarifies criteria for liability for publishing a matter
concerning an individual which places that individual
15 before the public in a false light. Provides for a civil
action to recover damages. Requires that the person
16 bringing the action plead and prove by clear and
convincing evidence the elements of the claim. Provides
17 that certain privileged publications are not subject to
claims of liability under the act. Limits the period in
18 which to commence an action. Provides that the
Legislature intends this act to have a retroactive
19 application.
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CODING: Words stricken are deletions; words underlined are additions.