Florida Senate - 2025                        COMMITTEE AMENDMENT
       Bill No. SB 752
       
       
       
       
       
       
                                Ì528050vÎ528050                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/12/2025           .                                
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       The Committee on Judiciary (Simon) recommended the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 39 - 82
    4  and insert:
    5  must be permanently removed from any website over which the
    6  newspaper, broadcaster, or periodical has control within the
    7  time period provided in paragraph (2)(a) in order to limit
    8  recovery to actual damages as provided in this section.
    9         (2) Full and fair correction, apology, or retraction shall
   10  be made:
   11         (a) In the case of a broadcast or a daily or weekly
   12  newspaper or periodical, within 10 days after service of
   13  notice.;
   14         (b) In the case of a newspaper or periodical published
   15  semimonthly, within 20 days after service of notice.;
   16         (c) In the case of a newspaper or periodical published
   17  monthly, within 45 days after service of notice.; and
   18         (d) In the case of a newspaper or periodical published less
   19  frequently than monthly, in the next issue, provided notice is
   20  served no later than 45 days before prior to such publication.
   21         Section 2. Section 770.04, Florida Statutes, is amended to
   22  read:
   23         770.04 Civil liability of certain media outlets radio or
   24  television broadcasting stations; care to prevent publication or
   25  utterance required.—
   26         (1) The owner, licensee, or operator of a radio or
   27  television broadcasting station or a newspaper, and the agents
   28  or employees of any such owner, licensee, or operator, are shall
   29  not be liable for any damages for any defamatory statement
   30  published or uttered in or as a part of a radio or television
   31  broadcast or newspaper article, by one other than such owner,
   32  licensee, or operator, or general agent or employees thereof,
   33  unless it is shall be alleged and proved by the complaining
   34  party, that such owner, licensee, operator, general agent, or
   35  employee, has failed to exercise due care to prevent the
   36  publication or utterance of such statement in such broadcasts or
   37  newspaper articles, provided, however, the exercise of due care
   38  shall be construed to include the bona fide compliance with any
   39  federal law or the regulation of any federal regulatory agency.
   40         (2) When an owner, a licensee, or an operator described in
   41  subsection (1) publishes a defamatory statement on the Internet
   42  with no knowledge of falsity of the statement and thereafter
   43  receives notice that such statement has been found in a judicial
   44  proceeding to be false, or receives notice of facts that would
   45  cause a reasonable person to conclude that such statement was
   46  false, and the owner, licensee, or operator fails to take
   47  reasonable steps to permanently remove the statement and any
   48  related report from any website over which the newspaper,
   49  broadcaster, or periodical has control, the continued appearance
   50  of such statement or report on such website after the notice is