Florida Statute 770.01 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLV
TORTS

Chapter 770
DEFAMATION

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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.

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Amendments to 770.01

Annotations, Discussions, Cases:

Cases Citing Statute 770.01

Total Results: 53

Jews for Jesus, Inc. v. Rapp

997 So. 2d 1098, 36 Media L. Rep. (BNA) 2540, 33 Fla. L. Weekly Supp. 849, 2008 Fla. LEXIS 2010, 2008 WL 4659374

Supreme Court of Florida | Filed: Oct 23, 2008 | Docket: 1379009

Cited 144 times | Published

notice five days before initiating a civil action. § 770.01, Fla. Stat. (2007). The notice must specify the

Ross v. Gore

48 So. 2d 412, 1950 Fla. LEXIS 1562

Supreme Court of Florida | Filed: Oct 31, 1950 | Docket: 543606

Cited 73 times | Published

If the provision as to notice contained in Section 770.01 is construed as requiring such notice as a

Orlando Sports Stadium, Inc. v. Sentinel Star Co.

316 So. 2d 607, 1975 Fla. App. LEXIS 14183

District Court of Appeal of Florida | Filed: Jul 18, 1975 | Docket: 1746195

Cited 35 times | Published

appellants, in an apparent attempt to comply with Fla. Stat. 770.01,[1] by letter dated September 29, 1971, forwarded

Boyles v. Mid-Florida Television Corp.

431 So. 2d 627, 1983 Fla. App. LEXIS 19833

District Court of Appeal of Florida | Filed: Apr 20, 1983 | Docket: 453694

Cited 31 times | Published

Boyles's attorney complied with the provisions of section 770.01, Florida Statutes (1979), by writing a letter

Adams v. News-Journal Corporation

84 So. 2d 549

Supreme Court of Florida | Filed: Nov 2, 1955 | Docket: 1280999

Cited 25 times | Published

fails to meet the requirements of the act. F.S. § 770.01, F.S.A., reads as follows: "Before any civil action

Nelson v. Associated Press, Inc.

667 F. Supp. 1468, 14 Media L. Rep. (BNA) 1577, 1987 U.S. Dist. LEXIS 8002

District Court, S.D. Florida | Filed: Aug 21, 1987 | Docket: 1977794

Cited 22 times | Published

Motion in Limine concerning Fla.Stat. *1472 Ann. Section 770.01 (West 1986) and Rule 16 of the Federal Rules

Edward L. Nezelek, Inc. v. Sunbeam Tel. Corp.

413 So. 2d 51

District Court of Appeal of Florida | Filed: Mar 16, 1982 | Docket: 1345008

Cited 22 times | Published

because Nezelek did not allege compliance with Section 770.01, we find no error. Though the demand letter

McCormick v. Miami Herald Publishing Company

139 So. 2d 197

District Court of Appeal of Florida | Filed: Mar 21, 1962 | Docket: 532820

Cited 22 times | Published

alleged notice to the defendants pursuant to Section 770.01, Florida Statutes, F.S.A., and failure to retract

Callaway Land & Cattle Co., Inc. v. Banyon Lakes C. Corp.

831 So. 2d 204, 2002 WL 31174884

District Court of Appeal of Florida | Filed: Dec 4, 2002 | Docket: 1722922

Cited 16 times | Published

as a condition precedent to a libel action. See § 770.01, Fla. Stat. (2001). ON MOTION FOR REHEARING PER

Musculoskeletal Institute v. Parham

745 So. 2d 946

Supreme Court of Florida | Filed: Mar 11, 1999 | Docket: 352781

Cited 16 times | Published

notice requirements in defamation actions under section 770.01, Florida Statutes (1997). See Mancini v. Personalized

Bridges v. Williamson

449 So. 2d 400, 10 Media L. Rep. (BNA) 1983

District Court of Appeal of Florida | Filed: May 2, 1984 | Docket: 1695683

Cited 15 times | Published

complaint because appellants failed to comply with section 770.01, Florida Statutes (1981). The trial court granted

Davies v. Bossert

449 So. 2d 418, 10 Media L. Rep. (BNA) 1838

District Court of Appeal of Florida | Filed: May 8, 1984 | Docket: 1325200

Cited 14 times | Published

This appeal questions the applicability of Section 770.01, Florida Statutes (1983) which requires a

Five for Entertainment S.A. v. Rodriguez

877 F. Supp. 2d 1321, 2012 WL 2918574, 2012 U.S. Dist. LEXIS 101939

District Court, S.D. Florida | Filed: Jul 9, 2012 | Docket: 65983183

Cited 12 times | Published

Florida’s Single Action Rule — Notice Under Fla. Stat. § 770.01 Defendants first argue that the Court lacks subject

Ortega Trujillo v. Banco Central Del Ecuador

17 F. Supp. 2d 1334, 1998 U.S. Dist. LEXIS 12878, 1998 WL 493761

District Court, S.D. Florida | Filed: Jul 29, 1998 | Docket: 2356400

Cited 12 times | Published

Conover before bringing suit, as required by Section 770.01 of the Florida Statutes. Second, Conover argues

Cook v. Pompano Shopper, Inc.

582 So. 2d 37, 1991 WL 98034

District Court of Appeal of Florida | Filed: Jun 12, 1991 | Docket: 348219

Cited 12 times | Published

with the statutory notice requirement under section 770.01, Florida Statutes (1976). We reverse. Appellants

Ortega v. Post-Newsweek Stations

510 So. 2d 972, 12 Fla. L. Weekly 1635

District Court of Appeal of Florida | Filed: Jul 7, 1987 | Docket: 1590561

Cited 11 times | Published

compliance with the mandatory notice requirement of section 770.01, Florida Statutes (1981), Ortega's attorney

Ortega v. Post-Newsweek Stations

510 So. 2d 972, 12 Fla. L. Weekly 1635

District Court of Appeal of Florida | Filed: Jul 7, 1987 | Docket: 1590561

Cited 11 times | Published

compliance with the mandatory notice requirement of section 770.01, Florida Statutes (1981), Ortega's attorney

Corkery v. SuperX Drugs Corp.

602 F. Supp. 42, 36 Fair Empl. Prac. Cas. (BNA) 1815

District Court, M.D. Florida | Filed: Feb 1, 1985 | Docket: 1200757

Cited 9 times | Published

with the notice requirement found in Fla.Stat. § 770.01. The Court recognizes that Ross v. Gore, 48 So

Laney v. Knight-Ridder Newspapers, Inc.

532 F. Supp. 910, 1982 U.S. Dist. LEXIS 12127

District Court, S.D. Florida | Filed: Feb 24, 1982 | Docket: 443938

Cited 9 times | Published

alleges to be false and defamatory. Fla.Stat.Ann. § 770.01.[3] This provision is relevant since the present

Hevey v. News-Journal Corporation

148 So. 2d 543

District Court of Appeal of Florida | Filed: Jan 8, 1963 | Docket: 1451645

Cited 8 times | Published

cause of action, (2) that the notice pursuant to F.S. 770.01, F.S.A. did not specify with particularity the

Rudloe v. Karl

899 So. 2d 1161, 2005 WL 771231

District Court of Appeal of Florida | Filed: Apr 7, 2005 | Docket: 1353238

Cited 7 times | Published

compliance with the notice requirement laid down by section 770.01, Fla. Stat. (2000), as a condition precedent

City of Coconut Creek v. City of Deerfield Beach

840 So. 2d 389, 2003 WL 1239986

District Court of Appeal of Florida | Filed: Mar 19, 2003 | Docket: 1463952

Cited 7 times | Published

(finding that failure to provide notice under section 770.01 prior to commencing libel suit required dismissal)

Gifford v. Bruckner

565 So. 2d 887, 1990 WL 118955

District Court of Appeal of Florida | Filed: Aug 17, 1990 | Docket: 1725968

Cited 7 times | Published

Gifford had not complied with the requirements of section 770.01, Florida Statutes (1989). This section provides:

Cummings v. Dawson

444 So. 2d 565

District Court of Appeal of Florida | Filed: Jan 30, 1984 | Docket: 2565400

Cited 7 times | Published

not show adequately that he complied with the section 770.01, Florida Statutes requirement that a plaintiff

Hulander v. Sunbeam Television Corp.

364 So. 2d 845, 4 Media L. Rep. (BNA) 2002

District Court of Appeal of Florida | Filed: Nov 28, 1978 | Docket: 461824

Cited 7 times | Published

has failed to comply with the requirements of Section 770.01, Florida Statutes (1976) which is a prerequisite

Gannett Florida Corp. v. Montesano

308 So. 2d 599, 1975 Fla. App. LEXIS 14555

District Court of Appeal of Florida | Filed: Feb 20, 1975 | Docket: 1251200

Cited 7 times | Published

appellant the following letter: "Pursuant to Florida Statute 770.01, you are hereby notified that a civil action

Zelinka v. Americare Healthscan, Inc.

763 So. 2d 1173, 2000 WL 60913

District Court of Appeal of Florida | Filed: Jan 26, 2000 | Docket: 1278135

Cited 6 times | Published

subject of their choosing. Florida Statutes section 770.01 requires that, in certain circumstances, notice

Mancini v. PERSONALIZED AIR CONDITIONING

702 So. 2d 1376, 1997 WL 795797

District Court of Appeal of Florida | Filed: Dec 31, 1997 | Docket: 460239

Cited 6 times | Published

is entitled to pre-suit notice pursuant to section 770.01, Florida Statutes (1995). Because petitioner

Tobkin v. Jarboe

695 So. 2d 1257, 1997 WL 269079

District Court of Appeal of Florida | Filed: May 21, 1997 | Docket: 425091

Cited 5 times | Published

1993), courts were in disagreement over whether section 770.01 applied only in cases against media defendants

Comins v. Vanvoorhis

135 So. 3d 545, 42 Media L. Rep. (BNA) 2021, 2014 WL 1393081, 2014 Fla. App. LEXIS 5318

District Court of Appeal of Florida | Filed: Apr 11, 2014 | Docket: 60239696

Cited 4 times | Published

comply with the presuit notice requirement of section 770.01, Florida Statutes (2008). Comins argues that

Harwood v. Bush

223 So. 2d 359

District Court of Appeal of Florida | Filed: May 5, 1969 | Docket: 93104

Cited 4 times | Published

retraction of the objectionable article. Since Section 770.01, F.S. 1967, F.S.A., makes notice a condition

MacGregor v. Miami Herald Publishing Co.

119 So. 2d 85

District Court of Appeal of Florida | Filed: Mar 23, 1960 | Docket: 1510457

Cited 4 times | Published

Company, supra, but also by Florida Statutes, § 770.01 and § 770.02. The facts in Layne v. Tribune Company

Mazur v. Ospina Baraya

275 So. 3d 812

District Court of Appeal of Florida | Filed: Jul 10, 2019 | Docket: 64719889

Cited 3 times | Published

provide them with presuit notice as required by section 770.01, Florida Statutes (2018). Apparently agreeing

Del Pino Allen v. Santelises

240 So. 3d 89

District Court of Appeal of Florida | Filed: Feb 21, 2018 | Docket: 6311535

Cited 3 times | Published

Santelises in part of the textbook. 1 § 770.01, Fla. Stat. (2015).

Della-Donna v. Gore Newspapers Co.

463 So. 2d 414, 10 Fla. L. Weekly 288

District Court of Appeal of Florida | Filed: Jan 30, 1985 | Docket: 141263

Cited 3 times | Published

judgment entered in this cause is reversed. Section 770.01, Florida Statutes (1983), does not apply to

Norkin v. Fla. Bar

311 F. Supp. 3d 1299

District Court, S.D. Florida | Filed: Apr 26, 2018 | Docket: 64318781

Cited 2 times | Published

Pre-suit notice to Defendant MNT under Fla. Stat. § 770.01 did not start the statute-of-limitations clock

Rolle v. Cold Stone Creamery, Inc.

212 So. 3d 1073, 2017 WL 815365, 2017 Fla. App. LEXIS 2744

District Court of Appeal of Florida | Filed: Mar 1, 2017 | Docket: 4611979

Cited 2 times | Published

a statutory five day pre-suit notice under section 770.01, Florida Statutes (2011). The Letter does not

Greene v. Times Publishing Co.

130 So. 3d 724, 42 Media L. Rep. (BNA) 1202, 2014 WL 128586, 2014 Fla. App. LEXIS 355

District Court of Appeal of Florida | Filed: Jan 15, 2014 | Docket: 60237861

Cited 2 times | Published

post-publication retraction demands pursuant to section 770.01, Florida Statutes (2010). As to the last article

Alvi Armani Medical, Inc. v. Hennessey

629 F. Supp. 2d 1302, 37 Media L. Rep. (BNA) 1420, 2008 U.S. Dist. LEXIS 108492, 2008 WL 5971233

District Court, S.D. Florida | Filed: Dec 9, 2008 | Docket: 2362723

Cited 2 times | Published

that Plaintiffs have failed to comply with Section 770.01 of the Florida Statutes because Plaintiffs

WATERMAN BROADCASTING CORP. v. Saro, Inc.

555 So. 2d 1273, 1989 WL 154969

District Court of Appeal of Florida | Filed: Dec 22, 1989 | Docket: 1397004

Cited 2 times | Published

On the other hand, Saro is required under section 770.01, Florida Statutes (1987), to furnish WBBH with

Mazur v. Ospina Baraya

275 So. 3d 812

District Court of Appeal of Florida | Filed: Jul 10, 2019 | Docket: 64719890

Cited 1 times | Published

provide them with presuit notice as required by section 770.01, Florida Statutes (2018). Apparently agreeing

Opinion Corp. v. Roca Labs, Inc.

312 F.R.D. 663, 2015 U.S. Dist. LEXIS 175602, 2015 WL 9915879

District Court, M.D. Florida | Filed: Aug 10, 2015 | Docket: 66057048

Cited 1 times | Published

the Opinion Parties a correspondence under Section 770.01 of the Florida Statutes, through which it threatened

Plant Food Systems, Inc. v. Irey

165 So. 3d 859, 43 Media L. Rep. (BNA) 3195, 2015 Fla. App. LEXIS 9316, 2015 WL 3793499

District Court of Appeal of Florida | Filed: Jun 19, 2015 | Docket: 60248251

Cited 1 times | Published

PFS’s failure to *860comply with the terms of section 770.01, Florida Statutes that requires pre-suit notification

Canonico v. Callaway

26 So. 3d 53, 38 Media L. Rep. (BNA) 1339, 2010 Fla. App. LEXIS 8, 2010 WL 21170

District Court of Appeal of Florida | Filed: Jan 6, 2010 | Docket: 1115433

Cited 1 times | Published

(Fla. 4th DCA 2004)). The interplay between section 770.01 and Florida Rule of Civil Procedure 1.090(a)

Mishiyev v. Davis, Beasley Media Group, LLC

District Court of Appeal of Florida | Filed: Jan 31, 2025 | Docket: 69596386

Published

the statutory presuit notice requirements of section 770.01, Florida Statutes (2020). The trial court dismissed

ANNE MCQUEEN v. CAROLE BASKIN

District Court of Appeal of Florida | Filed: Nov 17, 2023 | Docket: 68015778

Published

website posts fell under the protection of section 770.01, Florida Statutes (2020), which requires presuit

ROBERT MAZUR, KYC SOLUTIONS, INC., PENGUIN RANDOM HOUSE, LLC, LITTLE, BROWN & COMPANY v. FRANCISCO JAVIER OSPINA BARAYA

District Court of Appeal of Florida | Filed: Jul 10, 2019 | Docket: 15897419

Published

provide them with presuit notice as required by section 770.01, Florida Statutes (2018). Apparently agreeing

Cousins v. Post-Newsweek Stations Florida

275 So. 3d 674

District Court of Appeal of Florida | Filed: Feb 20, 2019 | Docket: 14560220

Published

comply with a condition precedent pursuant to section 770.01, Florida Statutes.4 Following a hearing

Green v. Palatka Daily News

108 So. 3d 739, 2013 WL 842850, 2013 Fla. App. LEXIS 3741

District Court of Appeal of Florida | Filed: Mar 8, 2013 | Docket: 60229226

Published

Green’s notice to the newspaper, pursuant to section 770.01, Florida Statutes (2011), the Palatka Daily

Time Warner, Inc. v. Gadinsky

639 So. 2d 176, 1994 Fla. App. LEXIS 6612, 1994 WL 316337

District Court of Appeal of Florida | Filed: Jul 5, 1994 | Docket: 64749549

Published

notice served on the publication pursuant to section 770.01, Florida Statutes (1991) were created in anticipation

Demolfetta v. American Sightseeing Tours, Inc.

450 So. 2d 312, 1984 Fla. App. LEXIS 13393

District Court of Appeal of Florida | Filed: May 22, 1984 | Docket: 64604863

Published

failure to serve the 5 day notice provided by Section 770.01 Florida Statutes (1983) prior to bringing a

Corbo v. Miami Daily News, Inc.

371 So. 2d 1066, 1979 Fla. App. LEXIS 15285

District Court of Appeal of Florida | Filed: Jun 5, 1979 | Docket: 64570602

Published

plaintiff has failed to allege compliance with Section 770.01, Florida Statutes (1977). See Hevey v. News-Journal

In re Rice

62 So. 2d 911, 1953 Fla. LEXIS 2100

Supreme Court of Florida | Filed: Jan 30, 1953 | Docket: 64483963

Published

prosecutions, a statute identical in content, Section 770.01, Florida Statutes 1951, F. S.A., was before