Florida Statute 770.02 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLV
TORTS

Chapter 770
DEFAMATION

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F.S. 770.02

770.02 Correction, apology, or retraction by newspaper or broadcast station.—

(1) If it appears upon the trial that said article or broadcast was published in good faith; that its falsity was due to an honest mistake of the facts; that there were reasonable grounds for believing that the statements in said article or broadcast were true; and that, within the period of time specified in subsection (2), a full and fair correction, apology, or retraction was, in the case of a newspaper or periodical, published in the same editions or corresponding issues of the newspaper or periodical in which said article appeared and in as conspicuous place and type as said original article or, in the case of a broadcast, the correction, apology, or retraction was broadcast at a comparable time, then the plaintiff in such case shall recover only actual damages.

(2) Full and fair correction, apology, or retraction shall be made:

(a) In the case of a broadcast or a daily or weekly newspaper or periodical, within 10 days after service of notice;

(b) In the case of a newspaper or periodical published semimonthly, within 20 days after service of notice;

(d) In the case of a newspaper or periodical published less frequently than monthly, in the next issue, provided notice is served no later than 45 days prior to such publication.

History.—s. 2, ch. 16070, 1933; CGL 1936 Supp. 7064(2); s. 1, ch. 76-123; s. 233, ch. 77-104; s. 1, ch. 80-34.

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Amendments to 770.02

Arrestable Offenses / Crimes under Fla. Stat. 770.02

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 770.02.

Annotations, Discussions, Cases:

Cases Citing Statute 770.02

Total Results: 20

ANNE MCQUEEN v. CAROLE BASKIN

Court: District Court of Appeal of Florida | Date Filed: 2023-11-17

Snippet: In conjunction with section 770.01, section 770.02 states: (1) If it appears upon the trial that

Mazur v. Ospina Baraya

Court: District Court of Appeal of Florida | Date Filed: 2019-07-10

Citation: 275 So. 3d 812

Snippet: corrections quickly, as provided for in section 770.02: 770.02. Correction, apology, or retraction by newspaper

Mazur v. Ospina Baraya

Court: District Court of Appeal of Florida | Date Filed: 2019-07-10

Citation: 275 So. 3d 812

Snippet: corrections quickly, as provided for in section 770.02: 770.02. Correction, apology, or retraction by newspaper

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

Court: District Court of Appeal of Florida | Date Filed: 2019-07-10

Snippet: quickly, as provided for in section 770.02: 770.02. Correction, apology, or retraction

Comins v. Vanvoorhis

Court: District Court of Appeal of Florida | Date Filed: 2014-04-11

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

Snippet: The following additions were also made to Section 770.02: “or broadcast station” in the section’s heading;

Dorestin v. Hollywood Imports, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2010-08-11

Citation: 45 So. 3d 819, 2010 Fla. App. LEXIS 12337, 2010 WL 3154848

Snippet: . Mich. Comp. Laws § 445.903(n), (bb). . § 770.02(1), Fla. Stat. (2008) (providing that a plaintiff

Canonico v. Callaway

Court: District Court of Appeal of Florida | Date Filed: 2010-01-06

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

Snippet: satisfying a presuit notice requirement. See § 770.02, Fla. Stat. (2005). His lawsuit was thereafter

Jews for Jesus, Inc. v. Rapp

Court: Supreme Court of Florida | Date Filed: 2008-10-23

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

Snippet: the article or broadcast. Id. Further, section 770.02, Florida Statutes (2007), limits the amount of

Zelinka v. Americare Healthscan, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2000-01-26

Citation: 763 So. 2d 1173, 2000 WL 60913

Snippet: false and defamatory. (emphasis supplied). Section 770.02 allows the defendants to whom section 770.01 is

Mancini v. PERSONALIZED AIR CONDITIONING

Court: District Court of Appeal of Florida | Date Filed: 1997-12-31

Citation: 702 So. 2d 1376, 1997 WL 795797

Snippet: Section 770.01, the notice provision, and section 770.02, the retraction provision, grant valuable rights

Tobkin v. Jarboe

Court: District Court of Appeal of Florida | Date Filed: 1997-05-21

Citation: 695 So. 2d 1257, 1997 WL 269079

Snippet: Supreme Court's analysis of sections 770.01 and 770.02 in Ross, makes it clear that the classification

Cook v. Pompano Shopper, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1991-06-12

Citation: 582 So. 2d 37, 1991 WL 98034

Snippet: Consequently, and pursuant to Florida Statute 770.02 and 836.08 (Sup. 1986) demand is respectfully made

Davies v. Bossert

Court: District Court of Appeal of Florida | Date Filed: 1984-05-08

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

Snippet: equal protection argument with respect to Section 770.02, which in 1950 referred only to newspapers and

Bridges v. Williamson

Court: District Court of Appeal of Florida | Date Filed: 1984-05-02

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

Snippet: that could irreparably injure appellants. See § 770.02, Fla. Stat. (1981). We hold chapter 770, Florida

Cape Publications, Inc. v. Teri's Health Studio

Court: District Court of Appeal of Florida | Date Filed: 1980-07-09

Citation: 385 So. 2d 188, 6 Media L. Rep. (BNA) 1789

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

Firestone v. Time, Inc.

Court: Supreme Court of Florida | Date Filed: 1974-12-11

Citation: 305 So. 2d 172, 1974 Fla. LEXIS 4040

Snippet: is the subject of this suit, Sections 770.01 and 770.02, Florida Statutes, Ross v. Gore, 48 So.2d 412 (Fla

Tornillo v. Miami Herald Publishing Company

Court: Supreme Court of Florida | Date Filed: 1973-07-18

Citation: 287 So. 2d 78

Snippet: vagueness of certain provisions of Florida Statute 770.02, F.S.A., viz: "good faith"; "falsity"; "a full

Firestone v. Time, Inc.

Court: Supreme Court of Florida | Date Filed: 1972-12-20

Citation: 271 So. 2d 745, 1972 Fla. LEXIS 3113

Snippet: our state legislature has provided in Section 770.02, Florida Statutes, F.S.A., for correction, apology

Brown v. Fawcett Publications, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1967-03-10

Citation: 196 So. 2d 465

Snippet: of apology and retraction afforded by F.S. Sec. 770.02, F.S.A.[2] which would legally have restricted

O'NEAL v. Tribune Company

Court: District Court of Appeal of Florida | Date Filed: 1965-06-07

Citation: 176 So. 2d 535

Snippet: Times[4] and the Tribune[5] pursuant to section 770.02, Florida Statutes. The ruling of the court upholding