Florida Statutes
Fla. Stat. § 770.05 (2025)
Limitation of choice of venue.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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770.05 Limitation of choice of venue.—No person shall have more than one choice of venue for damages for libel or slander, invasion of privacy, or any other tort founded upon any single publication, exhibition, or utterance, such as any one edition of a newspaper, book, or magazine, any one presentation to an audience, any one broadcast over radio or television, or any one exhibition of a motion picture. Recovery in any action shall include all damages for any such tort suffered by the plaintiff in all jurisdictions.
Notes of Decisions
Cited in 14
cases (2 in the last 5 years), 1970–2022 · leading case: Perdue v. Miami Herald Publ'g Co., 291 So. 2d 604 (Fla. 1974).
Perdue v. Miami Herald Publ'g Co., 291 So. 2d 604 (Fla. 1974). “As stated in the majority opinion, immediately after the Firstamerica case of 1966, the Florida Legislature sought to reverse the effect of that decision by enacting Section 770.05, Florida Statutes, which provided that suit could be brought only in the county of first…”
Norkin v. Fla. Bar, 311 F. Supp. 3d 1299 (S.D. Fla. 2018). “There is a single publication rule in Florida involving "any one edition of a newspaper, book, or magazine," with a statute of limitations that accrues at the time of the first publication.”
Putnam Berkley Grp., Inc. v. Dinin, 734 So. 2d 532 (Fla. 4th DCA 1999). “…those specified in this section, s. 95.091, the Florida Probate Code, or the Florida Guardianship Law. [10] See § 770.05, Fla. Stat. (1997).”
Edward L. Nezelek, Inc. v. Sunbeam Tel. Corp., 413 So. 2d 51 (Fla. 3d DCA 1982). “§§ 770.05, 770.08, Florida Statutes (1979), Perdue v.”
Mazur v. Ospina Baraya, 275 So. 3d 812 (Fla. 2d DCA 2019). “Interestingly, section 770.05, which addresses limitation of choice of venue, does specifically include books and motion pictures within its ambit, further showing that the legislature could have used similarly specific language in section 770.”
Armstrong v. Times Publ'g Co., 481 So. 2d 41 (Fla. 1st DCA 1985). “In Perdue, supra, this statute was construed in pari materia with Section 770.05, which addresses the limitation of choice of venue in civil libel actions.”
Pelullo v. Patterson, 788 F. Supp. 234 (D.N.J. 1992). “Its subsequent distributions of that same Report therefore did not constitute republications under the statute.”
James Cullen Lowery, III v. Shane Mcbee (Fla. 4th DCA 2021). “…. Recovery in any action shall include all damages for any such tort suffered by the plaintiff in all jurisdictions.” § 770.05, Fla. Stat. 9”
Jaclyn Swedberg v. Goldfinger's South, Inc., d/b/a Showgirls, Inc. (Fla. 3d DCA 2022). “” § 770.05, Fla. Stat. This broad language includes misappropriation of a likeness for commercial purposes.”
Jennifer Leigh Miller v. Anheuser Busch, Inc., 348 F. App'x 547 (11th Cir. 2009). “; see also Fla. Stat. § 770.05 (“No person shall have more than one choice of venue for damages for libel or slander, invasion of privacy, or any other tort founded upon any single publication, exhibition, or utterance, such as any one edition of a newspaper, book, or magazine,…”
Robert Mazur, Kyc Solutions, Inc., Penguin Random House, LLC, Little, Brown & Co. v. Francisco Javier Ospina Baraya (Fla. 2d DCA 2019). “Interestingly, section 770.05, which addresses limitation of choice of venue, does specifically include books and motion pictures within its ambit, further showing that the legislature could have used similarly specific language in section 770.”
Mazur v. Ospina Baraya, 275 So. 3d 812 (Fla. 2d DCA 2019). “Interestingly, section 770.05, which addresses limitation of choice of venue, does specifically include books and motion pictures within its ambit, further showing that the legislature could have used similarly specific language in section 770.”
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