Senate Bill sb1650

    Florida Senate - 2007                                  SB 1650

    By Senator Gaetz





    4-1419-07                                               See HB

  1                      A bill to be entitled

  2         An act relating to actions involving freedom of

  3         speech and press; creating s. 770.09, F.S.;

  4         providing that the false light invasion of

  5         privacy cause of action is not recognized in

  6         Florida; providing an effective date.

  7  

  8         WHEREAS, the Legislature finds that the tort of false

  9  light invasion of privacy lacks clarity as to the wrongful

10  conduct it seeks to prevent and for which it provides

11  recompense, and

12         WHEREAS, the Supreme Court of Florida has never

13  directly held that a cause of action based on false light

14  invasion of privacy is cognizable in the Florida courts and

15  has never endorsed the validity of a cause of action for

16  invasion of privacy based on a false light theory, and

17         WHEREAS, the Legislature believes that clarity and

18  certainty of tort law serves an important social function and

19  desires to provide clarity to the law of defamation and

20  invasion of privacy and to avoid duplicative actions governed

21  by disparate constitutional standards, and

22         WHEREAS, the Legislature finds that there is

23  substantial overlap between the tort of defamation and the

24  tort of false light invasion of privacy and that the interests

25  protected and conduct averted by the tort of false light

26  invasion of privacy are adequately addressed by the right of

27  action provided pursuant to the law of defamation, and

28         WHEREAS, the people of Florida are concerned with the

29  freedoms of speech and press embodied in the United States

30  Constitution, the Florida Constitution, and the common law of

31  Florida, and

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






    Florida Senate - 2007                                  SB 1650
    4-1419-07                                               See HB




 1         WHEREAS, the Legislature believes that, in general, the

 2  suppression of speech and press is injurious to the people of

 3  Florida and must be reduced, and

 4         WHEREAS, the Legislature finds that there is in Florida

 5  abundant abuse of the tort of false light invasion of privacy

 6  in order to circumvent the constitutional safeguards

 7  applicable in defamation actions, and

 8         WHEREAS, it is the sense of the Legislature that if the

 9  present abuse is not abated fundamental tenets of free speech

10  and press will be circumvented and these freedoms suppressed,

11  and

12         WHEREAS, the Legislature finds that there is an

13  overpowering public necessity for abolition of the false light

14  tort and that no alternative method of meeting such public

15  necessity exists or can be shown, and

16         WHEREAS, the magnitude of this problem demands

17  immediate and dramatic legislative action, NOW, THEREFORE,

18  

19  Be It Enacted by the Legislature of the State of Florida:

20  

21         Section 1.  Section 770.09, Florida Statutes, is

22  created to read:

23         770.09  Publicity placing a person in a false light.--A

24  cause of action for invasion of privacy based on publicity

25  placing a person in a false light is not recognized in this

26  state.

27         Section 2.  This act shall take effect July 1, 2007.

28  

29  

30  

31  

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