Text of FL H 991 (2023)

HB 991 2023 CODING: Words stricken are deletions; words underlined are additions. hb0991-00 Page 1 of 11 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S A bill to be entitled 1 An act relating to defamation, false light, and 2 unauthorized publication of name or likenesses; 3 amending s. 90.5015, F.S.; providing that provisions 4 concerning journalist's privilege do not apply to 5 defamation claims when the defendant is a professional 6 journalist or media entity; amending s. 770.05, F.S.; 7 defining the term "defamation or privacy tort"; 8 revising provisions concerning venue for certain 9 actions; amending s. 770.08, F.S.; revising provisions 10 limiting the choice of venue in specified actions; 11 creating s. 770.09, F.S.; exempting certain claims 12 from specified provisions concerning offers of 13 judgment and demands for judgment in civil actions; 14 providing for award of attorney fees and costs to 15 prevailing plaintiffs in such actions; creating s. 16 770.105, F.S.; specifying that certain persons may not 17 be considered public figures for purposes of certain 18 actions; creating s. 770.11, F.S.; specifying that a 19 fact finder may infer actual malice in certain 20 circumstances; providing that certain allegations are 21 defamatory per se; providing statutory damages to 22 prevailing plaintiffs who are the subject of such 23 allegations; creating s. 770.12, F.S.; creating a 24 presumption that a statement by an anonymous source is 25 HB 991 2023 CODING: Words stricken are deletions; words underlined are additions. hb0991-00 Page 2 of 11 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S presumptively false for purposes of a defamation 26 action; providing requirements if a defendant in a 27 defamation action refuses to identify an anonymous 28 source; creating s. 770.13, F.S.; providing that a 29 public figure does not need to show actual malice to 30 prevail in a defamation action in certain 31 circumstances; creating s. 770.15, F.S.; providing 32 that a person who gives publicity to a matter 33 concerning a natural person that places that person 34 before the public in a false light may be liable for 35 damages in certain circumstances; amending s. 720.304, 36 F.S.; revising a provision on award of attorney fees 37 in certain actions by property owners; amending s. 38 768.295, F.S.; revising a provision on award of 39 attorney fees in strategic lawsuits against public 40 participation; providing for severability; providing 41 an effective date. 42 43 Be It Enacted by the Legislature of the State of Florida: 44 45 Section 1. Subsection (9) is added to section 90.5015, 46 Florida Statutes, to read: 47 90.5015 Journalist's privilege.— 48 (9) This section does not apply to defamation claims 49 brought under chapter 770 when the defendant is a professional 50 HB 991 2023 CODING: Words stricken are deletions; words underlined are additions. hb0991-00 Page 3 of 11 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S journalist or media entity. 51 Section 2. Section 770.05, Florida Statutes, is amended to 52 read: 53 770.05 Limitation of choice of venue.— 54 (1) As used in this chapter, the term "defamation or 55 privacy tort" refers to libel, slander, false light, invasion of 56 privacy, or any other tort founded upon any single publication, 57 exhibition, or utterance, such as any one edition of a 58 newspaper, book, or magazine, any one presentation to an 59 audience, any one broadcast over radio or television, any one 60 exhibition of a motion picture, or any one publication, 61 exhibition, or utterance on the Internet. Editing any form of 62 media so that it attributes something false or leads a 63 reasonable viewer to believe something false about a plaintiff 64 may give rise to a defamation claim or privacy tort. 65 (2) A No person may not shall have more than one choice of 66 venue for damages for any defamation or privacy tort libel or 67 slander, invasion of privacy, or any other tort founded upon any 68 single publication, exhibition, or utterance, such as any one 69 edition of a newspaper, book, or magazine, any one presentation 70 to an audience, any one broadcast over radio or television, or 71 any one exhibition of a motion picture. Recovery in any action 72 shall include all damages for any such tort suffered by the 73 plaintiff in all jurisdictions. 74 (3) Notwithstanding any other provision of this chapter, 75 HB 991 2023 CODING: Words stricken are deletions; words underlined are additions. hb0991-00 Page 4 of 11 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S or any other statute providing for venue, when: 76 (a) Damages for defamation are based on material published 77 through the radio or television, venue is proper in any county 78 where the material was accessed. 79 (b) Damages for defamation are based on material published 80 through the Internet, venue is proper in any county in the 81 state. 82 Section 3. Section 770.08, Florida Statutes, is amended to 83 read: 84 770.08 Limitation on venue recovery of damages.—Except as 85 provided in s. 770.05(3)(a), a No person may not shall have more 86 than one choice of venue for any defamation or privacy tort 87 damages for libel founded upon a single publication or 88 exhibition or utterance, as described in s. 770.05., and Upon 89 his or her election in any one of his or her choices of venue, 90 then the person shall be bound to recover there all damages 91 allowed him or her. 92 Section 4. Section 770.09, Florida Statutes, is created to 93 read: 94 770.09 Application of costs and attorney fees in 95 defamation cases.—The fee-shifting provisions of s. 768.79 do 96 not apply to defamation or privacy tort claims. Notwithstanding 97 any other provision of law, a prevailing plaintiff on a 98 defamation or privacy tort claim is entitled to an award of 99 reasonable costs and attorney fees. 100 HB 991 2023 CODING: Words stricken are deletions; words underlined are additions. hb0991-00 Page 5 of 11 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S Section 5. Section 770.105, Florida Statutes, is created 101 to read: 102 770.105 Limitations on judicial determination of a public 103 figure.—A person may not be considered a public figure for 104 purposes of establishing a defamation or privacy tort claim if 105 his or her fame or notoriety arises solely from one or more of 106 the following: 107 (1) Defending him or herself publicly against accusations. 108 (2) Granting an interview on a specific topic. 109 (3) Public employment other than elected office or 110 appointment by an elected official. 111 (4) A video, image, or statement uploaded on the Internet 112 that has reached a broad audience. 113 Section 6. Section 770.11, Florida Statutes, is created to 114 read: 115 770.11 Clarifying defamation standards.— 116 (1) A fact finder shall infer actual malice for purposes 117 of a defamation action when: 118 (a) The defamatory allegation is fabricated by the 119 defendant, is the product of his or her imagination, or is based 120 wholly on an unverified anonymous report; 121 (b) An allegation is so inherently implausible that only a 122 reckless person would have put it into circulation; or 123 (c) There are obvious reasons to doubt the veracity of the 124 defamatory allegation or the accuracy of an informant's reports. 125 HB 991 2023 CODING: Words stricken are deletions; words underlined are additions. hb0991-00 Page 6 of 11 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S There are obvious reasons to doubt the veracity of a report 126 when: 127 1. There is sufficient contrary evidence that was known to 128 or should have been known to the defendant after a reasonable 129 investigation; or 130 2. The report is inherently improbable or implausible on 131 its face; or 132 (d) The defendant willfully failed to validate, 133 corroborate, or otherwise verify the defamatory allegation. 134 (2) An allegation that the plaintiff has discriminated 135 against another person or group because of their race, sex, 136 sexual orientation, or gender identity constitutes defamation 137 per se. 138 (a) A defendant cannot prove the truth of an allegation of 139 discrimination with respect to sexual orientation or gender 140 identity by citing a plaintiff's constitutionally protected 141 religious expression or beliefs. 142 (b) A defendant cannot prove the truth of an allegation of 143 discrimination with respect to sexual orientation or gender 144 identity by citing a plaintiff's scientific beliefs. 145 (c) A prevailing plaintiff for allegations under this 146 subsection is, in addition to all other damages, entitled to 147 statutory damages of at least $35,000. 148 Section 7. Section 770.12, Florida Statutes, is created to 149 read: 150 HB 991 2023 CODING: Words stricken are deletions; words underlined are additions. hb0991-00 Page 7 of 11 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 770.12 Presumption regarding anonymous sources.— 151 (1) A statement by an anonymous source is presumptively 152 false for purposes of a defamation action. 153 (2) In a case where a defendant in a defamation action 154 refuses to identify the source of a defamatory statement, the 155 plaintiff need only prove that the defendant acted negligently 156 in making the defamatory statement. 157 Section 8. Section 770.13, Florida Statutes, is created to 158 read: 159 770.13 Actual malice for public figures in defamation 160 cases.-A public figure does not need to show actual malice to 161 prevail in a defamation cause of action when the allegation does 162 not relate to the reason for his or her public status. 163 Section 9. Section 770.15, Florida Statutes, is created to 164 read: 165 770.15 Invasion of privacy; place person before public in 166 false light.— 167 (1) Any person who gives publicity to a matter concerning 168 a natural person that places that person before the public in a 169 false light is subject to liability if: 170 (a) The false light in which the person was placed would 171 be highly offensive to a reasonable person; and 172 (b) The defendant had knowledge of or acted in reckless 173 disregard as to the false implications of the publicized matter. 174 HB 991 2023 CODING: Words stricken are deletions; words underlined are additions. hb0991-00 Page 8 of 11 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (2) This section incorporates the standards set forth 175 under chapter 770 for defamation causes of action to whatever 176 extent necessary. 177 (3) Editing any form of media so that it attributes 178 something false or leads a reasonable viewer to believe 179 something false about a plaintiff may give rise to a defamation 180 claim for false light. 181 Section 10. Paragraph (c) of subsection (4) of section 182 720.304, Florida Statutes, is amended to read: 183 720.304 Right of owners to peaceably assemble; display of 184 flag; SLAPP suits prohibited.— 185 (4) It is the intent of the Legislature to protect the 186 right of parcel owners to exercise their rights to instruct 187 their representatives and petition for redress of grievances 188 before the various governmental entities of this state as 189 protected by the First Amendment to the United States 190 Constitution and s. 5, Art. I of the State Constitution. The 191 Legislature recognizes that "Strategic Lawsuits Against Public 192 Participation" or "SLAPP" suits, as they are typically called, 193 have occurred when members are sued by individuals, business 194 entities, or governmental entities arising out of a parcel 195 owner's appearance and presentation before a governmental entity 196 on matters related to the homeowners' association. However, it 197 is the public policy of this state that government entities, 198 business organizations, and individuals not engage in SLAPP 199 HB 991 2023 CODING: Words stricken are deletions; words underlined are additions. hb0991-00 Page 9 of 11 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S suits because such actions are inconsistent with the right of 200 parcel owners to participate in the state's institutions of 201 government. Therefore, the Legislature finds and declares that 202 prohibiting such lawsuits by governmental entities, business 203 entities, and individuals against parcel owners who address 204 matters concerning their homeowners' association will preserve 205 this fundamental state policy, preserve the constitutional 206 rights of parcel owners, and assure the continuation of 207 representative government in this state. It is the intent of the 208 Legislature that such lawsuits be expeditiously disposed of by 209 the courts. 210 (c) A parcel owner sued by a governmental entity, business 211 organization, or individual in violation of this section has a 212 right to an expeditious resolution of a claim that the suit is 213 in violation of this section. A parcel owner may petition the 214 court for an order dismissing the action or granting final 215 judgment in favor of that parcel owner. The petitioner may file 216 a motion for summary judgment, together with supplemental 217 affidavits, seeking a determination that the governmental 218 entity's, business organization's, or individual's lawsuit has 219 been brought in violation of this section. The governmental 220 entity, business organization, or individual shall thereafter 221 file its response and any supplemental affidavits. As soon as 222 practicable, the court shall set a hearing on the petitioner's 223 motion, which shall be held at the earliest possible time after 224 HB 991 2023 CODING: Words stricken are deletions; words underlined are additions. hb0991-00 Page 10 of 11 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S the filing of the governmental entity's, business organization's 225 or individual's response. The court may award the parcel owner 226 sued by the governmental entity, business organization, or 227 individual actual damages arising from the governmental 228 entity's, individual's, or business organization's violation of 229 this section. A court may treble the damages awarded to a 230 prevailing parcel owner and shall state the basis for the treble 231 damages award in its judgment. The court shall award the 232 nonmoving prevailing party reasonable attorney attorney's fees 233 and costs incurred in connection with a claim that an action was 234 filed in violation of this section if the nonmoving party 235 prevails on a motion filed under this section. 236 Section 11. Subsection (4) of section 768.295, Florida 237 Statutes, is amended to read: 238 768.295 Strategic Lawsuits Against Public Participation 239 (SLAPP) prohibited.— 240 (4) A person or entity sued by a governmental entity or 241 another person in violation of this section has a right to an 242 expeditious resolution of a claim that the suit is in violation 243 of this section. A person or entity may move the court for an 244 order dismissing the action or granting final judgment in favor 245 of that person or entity. The person or entity may file a motion 246 for summary judgment, together with supplemental affidavits, 247 seeking a determination that the claimant's or governmental 248 entity's lawsuit has been brought in violation of this section. 249 HB 991 2023 CODING: Words stricken are deletions; words underlined are additions. hb0991-00 Page 11 of 11 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S The claimant or governmental entity shall thereafter file a 250 response and any supplemental affidavits. As soon as 251 practicable, the court shall set a hearing on the motion, which 252 shall be held at the earliest possible time after the filing of 253 the claimant's or governmental entity's response. The court may 254 award, subject to the limitations in s. 768.28, the party sued 255 by a governmental entity actual damages arising from a 256 governmental entity's violation of this section. The court shall 257 award the nonmoving prevailing party reasonable attorney fees 258 and costs incurred in connection with a claim that an action was 259 filed in violation of this section if the nonmoving party 260 prevails on a motion filed under this section. 261 Section 12. If any provision of this act or the 262 application thereof to any person or circumstance is held 263 invalid, the invalidity does not affect other provisions or 264 applications of this act which can be given effect without the 265 invalid provision or application, and to this end the provisions 266 of this act are severable. 267 Section 13. This act shall take effect July 1, 2023. 268