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Florida Statute 770.01 | Lawyer Caselaw & Research
F.S. 770.01 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 770.01

The 2023 Florida Statutes (including Special Session C)

Title XLV
TORTS
Chapter 770
DEFAMATION
View Entire Chapter
F.S. 770.01
770.01 Notice condition precedent to action or prosecution for libel or slander.Before any civil action is brought for publication or broadcast, in a newspaper, periodical, or other medium, of a libel or slander, the plaintiff shall, at least 5 days before instituting such action, serve notice in writing on the defendant, specifying the article or broadcast and the statements therein which he or she alleges to be false and defamatory.
History.s. 1, ch. 16070, 1933; CGL 1936 Supp. 7064(1); s. 1, ch. 76-123; s. 1178, ch. 97-102.

F.S. 770.01 on Google Scholar

F.S. 770.01 on Casetext

Amendments to 770.01


Arrestable Offenses / Crimes under Fla. Stat. 770.01
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 770.01.



Annotations, Discussions, Cases:

Cases from cite.case.law:

MAZUR, KYC LLC LLC U. S. v. OSPINA BARAYA,, 275 So. 3d 812 (Fla. App. Ct. 2019)

. . . Apparently agreeing with Baraya's position that section 770.01 does not apply here, the circuit court . . . "The denial of a motion to dismiss for failure to provide the presuit notice required by section 770.01 . . . , which provides as follows: 770.01. . . . "In its original form, section 770.01 applied only to newspapers and periodicals." . . . meant to expand the scope of section 770.01 beyond the news media. . . .

COUSINS, v. POST- NEWSWEEK STATIONS FLORIDA, INC., 275 So. 3d 674 (Fla. App. Ct. 2019)

. . . Second, Cousins claims the presuit letter provided to Post-Newsweek complied with section 770.01. . . . But the sufficiency of notice, for purposes of compliance with the notice provision of section 770.01 . . . According to Post-Newsweek, Cousins is required to "strict[ly] compl[y] with Section 770.01, Florida . . . Gore, 48 So.2d 412, 415 (Fla. 1950) (explaining section 770.01 "was enacted ... to afford to newspapers . . . Because Cousins sufficiently complied with section 770.01, we find Cousins sufficiently pleads a claim . . .

DYCK- O NEAL, INC. v. LANHAM,, 264 So. 3d 1115 (Fla. App. Ct. 2019)

. . . . §§ 770.01-.02, Fla. Stat. (2014). . . .

NORKIN, v. THE FLORIDA BAR, a, 311 F. Supp. 3d 1299 (S.D. Fla. 2018)

. . . . § 770.01 did not start the statute-of-limitations clock. . . .

DEL PINO- ALLEN, v. SANTELISES,, 240 So. 3d 89 (Fla. App. Ct. 2018)

. . . . § 770.01, Fla. Stat. (2015). . . .

ROLLE, v. COLD STONE CREAMERY, INC., 212 So. 3d 1073 (Fla. Dist. Ct. App. 2017)

. . . does not, on its face, indicate that it was sent as a five day pre-suit notice required under section 770.01 . . . Stat. § 770.01.” . . . letter further states that the purpose of the letter is to serve as notice that, pursuant to section 770.01 . . . Additionally, those letters from Rolle’s counsel appear to comply with section 770.01’s requirement to . . . information it is difficult to characterize the Letter as a pre-suit notice as required by section 770.01 . . .

BRINDISE v. U. S. BANK NATIONAL ASSOCIATION,, 183 So. 3d 1215 (Fla. Dist. Ct. App. 2016)

. . . . §§ 770.01-.02, Fla. Stat. (2014). . . .

OPINION CORP. v. ROCA LABS, INC., 312 F.R.D. 663 (M.D. Fla. 2015)

. . . Thereafter, on January 13, 2015, Roca allegedly sent the Opinion Parties a correspondence under Section 770.01 . . . Stat. § 770.01 give rise to a cause of action of defamation.” . . .

PLANT FOOD SYSTEMS, INC. v. S. IREY,, 165 So. 3d 859 (Fla. Dist. Ct. App. 2015)

. . . , Florida Statutes that requires pre-suit notification in certain slander and libel cases: 770.01. . . . article or broadcast and the statements therein which he or she alleges to be false and defamatory. § 770.01 . . . does not necessarily mean that only media defendants are entitled to pre-suit notice under section 770.01 . . . hand and concluded that Vanvoorhis’s blog was covered under the “other medium” language in section 770.01 . . . Accordingly, on these facts, the trial court properly concluded that section 770.01’s pre-suit notice . . .

M. COMINS, v. VANVOORHIS,, 135 So. 3d 545 (Fla. Dist. Ct. App. 2014)

. . . VanVoorhis [“VanVoorhis”], for Comins’s failure to comply with the presuit notice requirement of section 770.01 . . . The issue in Ross was the constitutionality of section 770.01. . . . However, the amended language of section 770.01 was not so specific. In Laney v. . . . Bd DCA 1984), in which it also held that section 770.01 applies only to media defendants. . . . “Accordingly, § 770.01 does not extend to nonmedia defendants.” Id. . . .

GREENE, v. TIMES PUBLISHING CO., 130 So. 3d 724 (Fla. Dist. Ct. App. 2014)

. . . the reporters, and he sent timely, written post-publication retraction demands pursuant to section 770.01 . . .

B. GREEN, v. PALATKA DAILY NEWS,, 108 So. 3d 739 (Fla. Dist. Ct. App. 2013)

. . . Indeed, in response to Green’s notice to the newspaper, pursuant to section 770.01, Florida Statutes . . .

FIVE FOR ENTERTAINMENT S. A. v. RODRIGUEZ,, 877 F. Supp. 2d 1321 (S.D. Fla. 2012)

. . . Plaintiffs failed to comply with the pre-suit notice requirement set forth in Florida Statute § 770.01 . . . Stat. § 770.01. . . . That the internet constitutes a “other medium” for the purposes of § 770.01 should be well-settled. . . . There is no dispute in Florida about who is entitled to receive pre-suit notice under § 770.01. . . . Accordingly, § 770.01 does not extend to nonmedia defendants. . . .

CANONICO, v. CALLAWAY E. W. ABC ABC,, 26 So. 3d 53 (Fla. Dist. Ct. App. 2010)

. . . The interplay between section 770.01 and Florida Rule of Civil Procedure 1.090(a) is central to our review . . . The statute provides as follows: 770.01 Notice condition precedent to action or prosecution for libel . . . Section 770.01 does not specify whether the five-day period is calculated using business or calendar . . . Canónico mailed his section 770.01 notice on Tuesday, October 4, 2005. . . . Under section 770.01, Mr. Canónico could not act until the five-day notice period expired. . . .

ALVI ARMANI MEDICAL, INC. Dr. v. HENNESSEY, 629 F. Supp. 2d 1302 (S.D. Fla. 2008)

. . . Next, Defendants argue that Plaintiffs have failed to comply with Section 770.01 of the Florida Statutes . . . Next, Plaintiffs argue that Section 770.01 of the Florida Statutes is not applicable to internet chat . . . Stat. § 770.01 (2008) (emphasis added). . . . Whether the internet is included as part of the “other medium” language used in Section 770.01 is an . . . The court, however, held that the phrase “other medium” in Section 770.01 includes the internet. . . .

JEWS FOR JESUS, INC. v. RAPP,, 997 So. 2d 1098 (Fla. 2008)

. . . . § 770.01, Fla. Stat. (2007). . . .

RUDLOE, a v. Dr. KARL,, 899 So. 2d 1161 (Fla. Dist. Ct. App. 2005)

. . . The second amended complaint alleges compliance with the notice requirement laid down by section 770.01 . . .

COOPER, v. A. DILLON,, 403 F.3d 1208 (11th Cir. 2005)

. . . Stat. ch. 112.532(3) & 770.01 et seq., rather than a restriction which operates to suppress members of . . .

CITY OF COCONUT CREEK, a v. CITY OF DEERFIELD BEACH, a LLC,, 840 So. 2d 389 (Fla. Dist. Ct. App. 2003)

. . . Inc., 702 So.2d 1376, 1377 (Fla. 4th DCA 1997) (finding that failure to provide notice under section 770.01 . . .

CALLAWAY LAND CATTLE CO. INC. a Co. a v. BANYON LAKES C. CORP. a Sr. C. L. P. a L. L. C. a POD a, 831 So. 2d 204 (Fla. Dist. Ct. App. 2002)

. . . See § 770.01, Fla. Stat. (2001). . . . .

ZELINKA, v. AMERICARE HEALTHSCAN, INC. P. D L., 763 So. 2d 1173 (Fla. Dist. Ct. App. 2000)

. . . Florida Statutes section 770.01 requires that, in certain circumstances, notice must be given to a potential . . . Section 770.02 allows the defendants to whom section 770.01 is applicable the right to avoid punitive . . . In its original form, section 770.01 applied only to newspapers and periodicals. . . . That was the last substantive amendment to section 770.01. . . . The denial of a motion to dismiss for failure to provide the presuit notice required by section 770.01 . . .

HAMILTON BANK, N. A. v. KOOKMIN BANK,, 44 F. Supp. 2d 653 (S.D.N.Y. 1999)

. . . Ann § 770.01 (West 1997). . See Gifford v. Bruckner, 565 So.2d 887 (Fla.App.1990); Davies v. . . .

MUSCULOSKELETAL INSTITUTE CHARTERED, d b a E. III, M. D. E. III, M. D. P. A. A. M. D. v. S. PARHAM,, 745 So. 2d 946 (Fla. 1999)

. . . 859 (Fla. 5th DCA 1998), and the statutory notice requirements in defamation actions under section 770.01 . . .

ORTEGA TRUJILLO, v. BANCO CENTRAL DEL ECUADOR, a BANCO CENTRAL DEL ECUADOR, S. A. N. V. v. ORTEGA TRUJILLO, a a a, 17 F. Supp. 2d 1334 (S.D. Fla. 1998)

. . . Fla.Stat. § 770.01; see Time v. Firestone, 424 U.S. 448, 452, 96 S.Ct. 958, 47 L.Ed.2d 154 (1976). . . . Moreover, resolution of this question is irrelevant, as section 770.01 of the Florida Statutes is not . . . As such, Section 770.01 is not applicable. . . . In 1982, this Court held that 770.01 applies to all defendants in civil actions for libel or slander. . . . Subsequently, however, Florida courts have construed 770.01 to apply only to media defendants (Davies . . .

MANCINI, v. PERSONALIZED AIR CONDITIONING HEATING, INC. a, 702 So. 2d 1376 (Fla. Dist. Ct. App. 1997)

. . . certiorari is whether a columnist for a local newspaper is entitled to pre-suit notice pursuant to section 770.01 . . . to dismiss asserted plaintiff’s failure to comply with the statutory notice requirements of section 770.01 . . . Failure to comply with the notice provision of section 770.01 requires dismissal of the complaint for . . . If section 770.01 applies, defendant is entitled to certio-rari relief from the trial court’s refusal . . . Although plaintiff is unable to point to any limiting language within section 770.01, plaintiff points . . .

TOBKIN, v. L. JARBOE, 695 So. 2d 1257 (Fla. Dist. Ct. App. 1997)

. . . Stat. ch. 770.01 (1993) precludes the filing of a lawsuit for libel or slander until five days after . . . Flanagan, 629 So.2d 113 (Fla.1993), courts were in disagreement over whether section 770.01 applied only . . . F.Supp. 1152, 1158 (D.Colo.1984) (applying Florida law and holding that the requirements of Section 770.01 . . . Failure to comply with Section 770.01 mandates dismissal of the action. . . . Section 770.01, Florida Statutes (1995), states: Notice condition precedent to action or prosecution . . .

TIME WARNER, INC. v. GADINSKY, 639 So. 2d 176 (Fla. Dist. Ct. App. 1994)

. . . superiors submitted to prepare a response to a notice served on the publication pursuant to section 770.01 . . .

O. COOK v. POMPANO SHOPPER, INC., 582 So. 2d 37 (Fla. Dist. Ct. App. 1991)

. . . dismissing their complaint for failure to comply with the statutory notice requirement under section 770.01 . . . trial court erred: by finding appellants’ demand letters for retraction insufficient under section 770.01 . . . Section 770.01, Florida Statutes, provides: Notice condition precedent to action or prosecution for libel . . . with particularity” the alleged defamatory statements to satisfy the notice requirement of section 770.01 . . .

L. GIFFORD, v. BRUCKNER, Jr. a k a a, 565 So. 2d 887 (Fla. Dist. Ct. App. 1990)

. . . failed to allege a cause of action and that Gifford had not complied with the requirements of section 770.01 . . . However, this court has held that section 770.01 does not apply when an action is brought against a non-media . . . Compli-atice with section 770.01, where necessary, is a condition precedent to maintaining an action, . . .

WATERMAN BROADCASTING CORPORATION d b a WBBH- TV f k a v. SARO, INC. d b a, 555 So. 2d 1273 (Fla. Dist. Ct. App. 1989)

. . . On the other hand, Saro is required under section 770.01, Florida Statutes (1987), to furnish WBBH with . . . Section 770.01 does not provide for the preservation of evidence during the interim five-day period before . . . Section 770.01, Florida Statutes (1987) provides: Notice condition precedent to action or prosecution . . .

PANNELL v. ASSOCIATED PRESS, d b a d b a, 690 F. Supp. 546 (N.D. Miss. 1988)

. . . . § 770.01 (1976) provides as follows: "Before any civil action is brought for publication or broadcast . . .

NELSON, v. ASSOCIATED PRESS, INC., 667 F. Supp. 1468 (S.D. Fla. 1987)

. . . Section 770.01 (West 1986) and Rule 16 of the Federal Rules of Civil Procedure. . . . Section 770.01 states: 770.01. . . . Fla.Stat.Ann. § 770.01 (West 1986). Plaintiff, relying on Bridges v. . . . In this situation, the Court finds as a matter of law that § 770.01 has not been complied with. . . . Ann. § 770.01. The remainder of the statement is not actionable, at least not by Ms. . . .

ORTEGA, v. POST- NEWSWEEK STATIONS, FLORIDA, INC. a d b a WPLG- TV,, 510 So. 2d 972 (Fla. Dist. Ct. App. 1987)

. . . In compliance with the mandatory notice requirement of section 770.01, Florida Statutes (1981), Ortega . . . Section 770.01 requires that a plaintiff first notify the broadcaster and specify the alleged defamatory . . .

M. CORKERY, A. v. SUPERX DRUGS CORPORATION,, 602 F. Supp. 42 (M.D. Fla. 1985)

. . . . § 770.01. The Court recognizes that Ross v. . . .

DELLA- DONNA, v. GORE NEWSPAPERS COMPANY, a C., 463 So. 2d 414 (Fla. Dist. Ct. App. 1985)

. . . Section 770.01, Florida Statutes (1983), does not apply to non-media defendants. Demolfetta v. . . .

KING, v. H. BURRIS, a k a, 588 F. Supp. 1152 (D. Colo. 1984)

. . . . § 770.01 reads: Before any civil action is brought for publication in a newspaper, periodical, or other . . .

DEMOLFETTA, v. AMERICAN SIGHTSEEING TOURS, INC. a a, 450 So. 2d 312 (Fla. Dist. Ct. App. 1984)

. . . The trial court’s order of dismissal for failure to serve the 5 day notice provided by Section 770.01 . . .

C. DAVIES, v. BOSSERT,, 449 So. 2d 418 (Fla. Dist. Ct. App. 1984)

. . . This appeal questions the applicability of Section 770.01, Florida Statutes (1983)— which requires a . . . The court did not hold, as does Laney, that Section 770.01 applies to media and non-media libelees alike . . . The earlier version of Section 770.01, which was construed in Ross v. . . . Since no other section of Chapter 770 uses the language “other medium” as found in Section 770.01, we . . . There is no logical reason to suppose that Section 770.01 contemplates any form of medium not covered . . .

BRIDGES P. v. WILLIAMSON, Al, 449 So. 2d 400 (Fla. Dist. Ct. App. 1984)

. . . Appellees filed a motion to dismiss the complaint because appellants failed to comply with section 770.01 . . . motion but allowed appellants twenty days to amend their complaint to allege compliance with section 770.01 . . . Therefore, we find the trial court erred in requiring appellant to comply with section 770.01. . . . Section 770.01, Florida Statutes (1981), provides as follows: Notice condition precedent to action or . . . Ch. 76-123, Laws of Fla. (1976) (codified as amended at § 770.01, Fla.Stat. (1983)). . . .

E. CUMMINGS, v. DAWSON, WTLV-, 444 So. 2d 565 (Fla. Dist. Ct. App. 1984)

. . . proper also on the ground that appellant did not show adequately that he complied with the section 770.01 . . .

MIAMI HERALD PUBLISHING COMPANY, v. ANE,, 423 So. 2d 376 (Fla. Dist. Ct. App. 1982)

. . . acknowledged, but no effort was made [either then or later after proper written notice was served, see §§ 770.01 . . .

EDWARD L. NEZELEK, INC. a v. SUNBEAM TELEVISION CORPORATION, A d b a WCKT- TV, 413 So. 2d 51 (Fla. Dist. Ct. App. 1982)

. . . .2d 412 (Fla.1950) the supreme court held that compliance with the -demand for retraction of Section 770.01 . . . Neze-lek’s response to appellees’ motion to strike the pleadings indicates compliance with Section 770.01 . . . that Hulander, supra, may bar a single amendment of a demand for retraction made pursuant to Section 770.01 . . . Though Section 770.01, Florida Statutes (1979) has been held constitutional, Ross v. . . . for denying a plaintiff the opportunity to amend his demand notice in order to comply with Section 770.01 . . .

J. LANEY, v. KNIGHT- RIDDER NEWSPAPERS, INC., 532 F. Supp. 910 (S.D. Fla. 1982)

. . . . § 770.01. . . . Fla.Stat.Ann. § 770.01. . . . statute’s language and the lack of dispositive precedent, leads the Court to hold that Fla.Stat.Ann. § 770.01 . . . Plaintiff is free to refile this action upon compliance with Fla.Stat.Ann. § 770.01. . . . . Ann. § 770.01, however, has such a significant impact upon the extent and nature of both the harm and . . .

CAPE PUBLICATIONS, INC. a v. TERI S HEALTH STUDIO, INC. a, 385 So. 2d 188 (Fla. Dist. Ct. App. 1980)

. . . Of primary concern here are sections 770.01 and 770.02, and they are as follows: 770.01 Notice condition . . .

CORBO, v. MIAMI DAILY NEWS, INC., 371 So. 2d 1066 (Fla. Dist. Ct. App. 1979)

. . . alleges libel, is fatally defective in that the plaintiff has failed to allege compliance with Section 770.01 . . .

E. HULANDER, v. SUNBEAM TELEVISION CORPORATION, a d b a WCKT- TV, a, 364 So. 2d 845 (Fla. Dist. Ct. App. 1978)

. . . Motion the Defendant claims that the Plaintiff has failed to comply with the requirements of Section 770.01 . . . Section 770.01, Florida Statutes, states: ‘Before any civil action is brought for publication or broadcast . . .

WESTPHAL v. LAKELAND LEDGER PUBLISHING CO., 46 Fla. Supp. 26 (Polk Cty. Cir. Ct. 1977)

. . . Section 770.01, Florida Statutes (1975); Ross v. . . .

TIME, INC. v. FIRESTONE, 424 U.S. 448 (U.S. 1976)

. . . . §§770.01-770.02 (1963). . . .

ORLANDO SPORTS STADIUM, INC. v. SENTINEL STAR COMPANY, a, 316 So. 2d 607 (Fla. Dist. Ct. App. 1975)

. . . initial complaint on September IS, 1971, appellants, in an apparent attempt to comply with Fla.Stat. 770.01 . . . result might very well enable plaintiffs in libel to circumvent the notice requirements of Fla.Stat. 770.01 . . . action is insufficient due to appellants’ failure to serve the written notice requirement of Fla.Stat. 770.01 . . . appellants’ complaint an examination of appellants’ notice letter purportedly in compliance with F.S. 770.01 . . . Ma.Stat. 770.01. . . .

SCHULER v. MIAMI HERALD PUBLISHING CO., 42 Fla. Supp. 174 (Dade Cty. Cir. Ct. 1975)

. . . defendants a notice of the alleged defamatory character of this article prior to filing suit as required by §770.01 . . . Under §770.01, Florida Statutes, notice of the alleged defamatory nature of a publication must be served . . .

GANNETT FLORIDA CORPORATION, v. MONTESANO,, 308 So. 2d 599 (Fla. Dist. Ct. App. 1975)

. . . the article appellee’s attorney wrote to appellant the following letter: “Pursuant to Florida Statute 770.01 . . .

FIRESTONE, v. TIME, INC., 305 So. 2d 172 (Fla. 1974)

. . . in requesting retraction of the defamatory publication which is the subject of this suit, Sections 770.01 . . .

MALONE v. OCALA STAR- BANNER CORP., 37 Fla. Supp. 122 (Marion Cty. Cir. Ct. 1972)

. . . Under F.S. 770.01, plaintiff must, prior to the time suit is brought, serve notice in writing; and paragraph . . . Under F.S. 770.01, notice is required “before any civil action is brought”; and under F.S. 95.11 (6), . . . The statute of limitation had run prior to the time of service of notice herein under F.S. 770.01 (as . . . that although the alleged libel was published on January 24, 1966, demand for retraction under F.S. 770.01 . . .

W. HARWOOD, v. BUSH a, 223 So. 2d 359 (Fla. Dist. Ct. App. 1969)

. . . Since Section 770.01, F.S.1967, F.S.A., makes notice a condition precedent to a libel action against . . .

BROWN, v. FAWCETT PUBLICATIONS, INC. a a d b a, 196 So. 2d 465 (Fla. Dist. Ct. App. 1967)

. . . Sec. 770.01, F.S.A. by serving written notice on Fawcett, the publisher, demanding apology and retraction . . . Sec. 770.01, F.S.A. provides: “Before any civil action is brought for publication, in a newspaper or . . .

HEVEY, v. NEWS- JOURNAL CORPORATION, M., 148 So. 2d 543 (Fla. Dist. Ct. App. 1963)

. . . were: (1) that the complaint failed to state a cause of action, (2) that the notice pursuant to F.S. 770.01 . . . As to the second and third grounds of the motion, we first note that Section 770.01, Florida Statutes . . . It is seen that F.S. § 770.01 F.S.A., supra, required the plaintiff to perform certain acts as a condition . . . ), 84 So.2d 549, 553, the Florida Supreme Court held that in order to meet the requirements of F.S. 770.01 . . .

C. McCORMICK, v. MIAMI HERALD PUBLISHING COMPANY, a S., 139 So. 2d 197 (Fla. Dist. Ct. App. 1962)

. . . The plaintiff further alleged notice to the defendants pursuant to Section 770.01, Florida Statutes, . . .

v. MIAMI HERALD PUBLISHING CO. a, 119 So. 2d 85 (Fla. Dist. Ct. App. 1960)

. . . 236, 86 A.L.R. 466, holding that the principles expressed in that case were not changed by sections 770.01 . . . Tribune Company, supra, but also by Florida Statutes, § 770.01 and § 770.02. The facts in Layne v. . . . Chapter 16071, Laws of Florida, 1933 (§ 770.01 and § 770.02, Florida Statutes, 1959, F.S.A.) was passed . . . Tribune Company, supra, and that such holding is not affected or changed by Florida Statutes, § 770.01 . . .

W. ADAMS, v. NEWS- JOURNAL CORPORATION, M., 84 So. 2d 549 (Fla. 1955)

. . . . § 770.01, F.S.A., reads as follows: “Before any civil action is brought for publication, in a newspaper . . . . § 770.01, F.S.A. . . .

WALSH, v. MIAMI HERALD PUBLISHING CO. a, 80 So. 2d 669 (Fla. 1955)

. . . Secs. 770.01 and 770.-02, F.S.A., making notice a condition precedent to an action for libel, and affording . . .

In RICE, 62 So. 2d 911 (Fla. 1953)

. . . applicable to civil actions and not to criminal prosecutions, a statute identical in content, Section 770.01 . . .

CALDWELL v. CROWELL- COLLIER PUB. CO., 161 F.2d 333 (5th Cir. 1947)

. . . . § 770.01, but no apology, retraction or correction has been made. . . . Also under the Florida statute, F.S.A. § 770.01, notice of the intended suit was given so that a retraction . . .