Senate Bill sb2742
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Florida Senate - 2006 SB 2742
By Senator Siplin
19-1115-06
1 A bill to be entitled
2 An act relating to defamation; amending s.
3 836.01, F.S.; providing that any person
4 convicted of publishing or broadcasting a libel
5 commits a felony of the third degree; providing
6 criminal penalties; amending s. 836.02, F.S.;
7 prohibiting the broadcasting of certain
8 statements alleging immoral acts of a person;
9 providing that a person who broadcasts such an
10 allegation commits a felony of the third
11 degree; providing criminal penalties; amending
12 s. 836.03, F.S.; providing that an owner or
13 manager of a broadcasting media commits a
14 felony of the third degree for broadcasting a
15 communication that attacks the good name of a
16 person if the communication does not name the
17 reporter of the communication; providing
18 criminal penalties; amending s. 836.09, F.S.;
19 providing that a person who delivers to a
20 publishing or broadcasting media a false
21 statement concerning any other person knowing
22 the statement to be false commits a felony of
23 the third degree; providing criminal penalties;
24 providing an effective date.
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26 Be It Enacted by the Legislature of the State of Florida:
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28 Section 1. Section 836.01, Florida Statutes, is
29 amended to read:
30 836.01 Punishment for libel.--Any person convicted of
31 publishing or broadcasting the publication of a libel commits
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Florida Senate - 2006 SB 2742
19-1115-06
1 a felony of the third shall be guilty of a misdemeanor of the
2 first degree, punishable as provided in s. 775.082, or s.
3 775.083, or s. 775.084 and must pay a fine of $5,000.
4 Section 2. Section 836.02, Florida Statutes, is
5 amended to read:
6 836.02 Must give name of the party written about.--
7 (1) A No person may not shall print, write, publish,
8 circulate, or distribute within this state any newspaper,
9 magazine, periodical, pamphlet, or other publication of any
10 character, either written or printed, and may not broadcast by
11 radio or television, any communication wherein the alleged
12 immoral acts of any person are stated or pretended to be
13 stated, or wherein it is intimated that any person has been
14 guilty of any immorality, unless the such written or printed
15 publication or broadcast shall in such article or broadcast
16 publish or announce in full the true name of the person
17 intended to be charged with the commission of such acts of
18 immorality.
19 (2) Any person convicted of any violation of this
20 section commits a felony of the third shall be guilty of a
21 misdemeanor of the first degree, punishable as provided in s.
22 775.082, or s. 775.083, or s. 775.084 and must pay a fine of
23 $5,000. Any person who shall aid in any way in the writing,
24 or printing, or broadcasting of any literature or
25 communication in violation of this section shall be punished
26 in the same manner as the principal might be punished upon
27 conviction; however, provided, nothing in this section does
28 not shall apply to mechanical employees in printing offices or
29 broadcasting studios, or to newsboys.
30 Section 3. Section 836.03, Florida Statutes, is
31 amended to read:
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Florida Senate - 2006 SB 2742
19-1115-06
1 836.03 Owner or editor of the paper also guilty.--Any
2 owner, manager, publisher, or editor of any newspaper, or
3 other publication, or broadcasting media who permits any
4 anonymous communication or communications such as is signed
5 otherwise than with the true name of the writer or reporter,
6 and the such name published therewith to appear in the columns
7 of the publication or broadcast to the public in which said
8 communication any person is attacked in his or her good name,
9 or it is attempted to bring disgrace or ridicule upon any
10 person, the such owner, manager, publisher, or editor commits
11 a felony of the third shall be guilty of a misdemeanor of the
12 first degree, punishable as provided in s. 775.082, or s.
13 775.083, or s. 775.084 and must pay a fine of $5,000.
14 Section 4. Section 836.09, Florida Statutes, is
15 amended to read:
16 836.09 Communicating libelous matter to newspapers;
17 penalty.--If any person shall state, deliver, or transmit by
18 any means whatever, to the manager, editor, publisher, or
19 reporter of any newspaper, or periodical, or broadcast media
20 for publication therein or broadcast any false and libelous
21 statement concerning any person, then and there known by the
22 such person to be false or libelous, and thereby secure the
23 publication or broadcast of the statement, same he or she
24 commits a felony of the third shall be guilty of a misdemeanor
25 of the second degree, punishable as provided in s. 775.082, or
26 s. 775.083, or s. 775.084 and must pay a fine of $5,000.
27 Section 5. This act shall take effect July 1, 2006.
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Florida Senate - 2006 SB 2742
19-1115-06
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2 SENATE SUMMARY
3 Provides that any person convicted of publishing or
broadcasting a libel or broadcasts a statement alleging
4 certain immoral acts of a person commits a felony of the
third degree. Provides that an owner or manager of a
5 broadcasting media commits a felony of the third degree
for broadcasting a communication that attacks the good
6 name of a person if the communication does not name the
reporter of the communication. Provides that a person who
7 delivers to a publishing or broadcasting media a false
statement concerning any other person, knowing the
8 statement to be false, commits a felony of the third
degree.
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