HB 1061

1	A bill to be entitled
2	An act relating to actions involving freedom of speech and
3	press; creating s. 770.09, F.S.; providing that the false
4	light invasion of privacy cause of action is not
5	recognized in Florida; providing an effective date.
6
7	WHEREAS, the Legislature finds that the tort of false light
8	invasion of privacy lacks clarity as to the wrongful conduct it
9	seeks to prevent and for which it provides recompense, and
10	WHEREAS, the Supreme Court of Florida has never directly
11	held that a cause of action based on false light invasion of
12	privacy is cognizable in the Florida courts and has never
13	endorsed the validity of a cause of action for invasion of
14	privacy based on a false light theory, and
15	WHEREAS, the Legislature believes that clarity and
16	certainty of tort law serves an important social function and
17	desires to provide clarity to the law of defamation and invasion
18	of privacy and to avoid duplicative actions governed by
19	disparate constitutional standards, and
20	WHEREAS, the Legislature finds that there is substantial
21	overlap between the tort of defamation and the tort of false
22	light invasion of privacy and that the interests protected and
23	conduct averted by the tort of false light invasion of privacy
24	are adequately addressed by the right of action provided
25	pursuant to the law of defamation, and
26	WHEREAS, the people of Florida are concerned with the
27	freedoms of speech and press embodied in the United States
28	Constitution, the Florida Constitution, and the common law of
29	Florida, and
30
31	WHEREAS, the Legislature believes that, in general, the
32	suppression of speech and press is injurious to the people of
33	Florida and must be reduced, and
34	WHEREAS, the Legislature finds that there is in Florida
35	abundant abuse of the tort of false light invasion of privacy in
36	order to circumvent the constitutional safeguards applicable in
37	defamation actions, and
38	WHEREAS, it is the sense of the Legislature that if the
39	present abuse is not abated fundamental tenets of free speech
40	and press will be circumvented and these freedoms suppressed,
41	and
42	WHEREAS, the Legislature finds that there is an
43	overpowering public necessity for abolition of the false light
44	tort and that no alternative method of meeting such public
45	necessity exists or can be shown, and
46	WHEREAS, the magnitude of this problem demands immediate
47	and dramatic legislative action, NOW, THEREFORE,
48
49	Be It Enacted by the Legislature of the State of Florida:
50
51	Section 1.  Section 770.09, Florida Statutes, is created to
52	read:
53	770.09  Publicity placing a person in a false light.--A
54	cause of action for invasion of privacy based on publicity
55	placing a person in a false light is not recognized in this
56	state.
57	Section 2.  This act shall take effect July 1, 2007.

CODING: Words stricken are deletions; words underlined are additions.