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Florida Statute 770.02 | Lawyer Caselaw & Research
F.S. 770.02 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLV
TORTS
Chapter 770
DEFAMATION
View Entire Chapter
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;
(c) In the case of a newspaper or periodical published monthly, within 45 days after service of notice; and
(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.

F.S. 770.02 on Google Scholar

F.S. 770.02 on Casetext

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 from cite.case.law:

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

. . . publish news quickly can also issue retractions or corrections quickly, as provided for in section 770.02 . . . : 770.02. . . . Sections 770.01 and 770.02 work together "to afford newspapers and periodicals an opportunity to make . . . for in section 770.01 and the opportunity to retract the offending statement provided for in section 770.02 . . . Reading sections 770.01 and 770.02 in harmony, it becomes clear that the "other medium" language is not . . .

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

. . . The following additions were also made to Section 770.02: “or broadcast station” in the section’s heading . . . Maneini court noted that “there is nothing in the language of the companion retraction provision, section 770.02 . . .

DORESTIN K. v. HOLLYWOOD IMPORTS, INC. a d b a, 45 So. 3d 819 (Fla. Dist. Ct. App. 2010)

. . . . § 770.02(1), Fla. . . .

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

. . . See § 770.02, Fla. Stat. (2005). . . .

In J. ECKER J. LLC, v. J., 400 B.R. 669 (Bankr. E.D. Wis. 2009)

. . . Ecker was responsible for maintaining for their benefit pursuant to section 770.02(5), Wis. Stats. . . .

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

. . . Further, section 770.02, Florida Statutes (2007), limits the amount of damages a plaintiff may recover . . .

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

. . . Section 770.02 allows the defendants to whom section 770.01 is applicable the right to avoid punitive . . .

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

. . . Section 770.01, the notice provision, and section 770.02, the retraction provision, grant valuable rights . . . Further, there is nothing in the language of the companion retraction provision, section 770.02, that . . . The retraction provision of subsection 770.02(1), in “the case of a newspaper” provides that a full and . . . If a retraction does not timely occur as provided for in section 770.02, the plaintiff may file suit . . . Civ.Code § 48a (emphasis supplied) with § 770.02, Fla. Stat. (1995). . . . .

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

. . . The Florida Supreme Court’s analysis of sections 770.01 and 770.02 in Ross, makes it clear that the classification . . .

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

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

In PIKES PEAK WATER COMPANY, a TRAVELERS INSURANCE COMPANY, a v. PIKES PEAK WATER COMPANY, a, 779 F.2d 1456 (10th Cir. 1985)

. . . that the amount due on May 24, 1982, the date of the filing of the Chapter 11 proceedings, was $1,723,-770.02 . . .

In PIKES PEAK WATER COMPANY, a TRAVELERS INSURANCE COMPANY, a v. PIKES PEAK WATER COMPANY, a, 779 F.2d 1456 (10th Cir. 1985)

. . . that the amount due on May 24, 1982, the date of the filing of the Chapter 11 proceedings, was $1,723,-770.02 . . .

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

. . . In discussing Ross’ equal protection argument with respect to Section 770.02, which in 1950 referred . . . The following additions were also made to Section 770.02: “or broadcast station” in the section’s heading . . .

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

. . . See § 770.02, Fla.Stat. (1981). . . .

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

. . . . § 770.02. . . .

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 . . . specifying the article or broadcast and the statements therein which he alleges to be false and defamatory. 770.02 . . .

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

. . . . §§770.01-770.02 (1963). . . .

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

. . . requesting retraction of the defamatory publication which is the subject of this suit, Sections 770.01 and 770.02 . . .

L. TORNILLO, Jr. v. MIAMI HERALD PUBLISHING COMPANY, a, 287 So. 2d 78 (Fla. 1973)

. . . similar questions might well be posed as to the vagueness of certain provisions of Florida Statute 770.02 . . . Florida Statute 770.02, F.S.A. provides: “If it appears upon the trial that said article was published . . .

FIRESTONE, v. TIME, INC., 271 So. 2d 745 (Fla. 1972)

. . . In recognition of this fact, our state legislature has provided in Section 770.02, Florida Statutes, . . . Florida have not hesitated to retract and correct inadvertent misstatements in accordance with Section 770.02 . . .

LASKY, v. STATE FARM INSURANCE CO., 37 Fla. Supp. 178 (Broward Cty. Ct. Rec. 1972)

. . . suits (Florida Statute 608.131), limit the award of punitive damages in libel suits (Florida Statute 770.02 . . .

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

. . . Sec. 770.02, F.S.A. which would legally have restricted plaintiff to actual damages. . . . Brown holds that Sec. 770.02, if properly complied with by the publisher, rules out punitive damages. . . . Here Fawcett defied Sec. 770.02, which action in effect invited punitive damages. . . . Sec. 770.02, F.S.A. provides: “If it appears upon the trial that said article was published in good faith . . .

O NEAL, v. TRIBUNE COMPANY, a, 176 So. 2d 535 (Fla. Dist. Ct. App. 1965)

. . . after demand, published a retraction and apology in both the Times and the Tribune pursuant to section 770.02 . . .

CARROLL v. FLORIDA PUBLISHING CO., 25 Fla. Supp. 7 (Duval Cty. Cir. Ct. 1964)

. . . The plaintiff urges that the publisher’s failure to publish a retraction pursuant to Florida Statute 770.02 . . . 161; Harper & James, Law of Torts, vol. 1, §5.18), but only to suggest that the application of F.S. 770.02 . . .

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

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

MIAMI HERALD PUB. CO. v. BROWN, 66 So. 2d 679 (Fla. 1953)

. . . jury fixed in view of the corrective statement the newspaper published and its efficacy under Section 770.02 . . .

STROBEL WILKEN CO. v. KNOST, 99 F. 409 (S.D. Ohio 1900)

. . . With the exception of $2,500 withdrawn by the bankrupts, $400 paid to the insolvent’s attorney, and $770.02 . . .