Florida Statute 836.08 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 836
DEFAMATION; LIBEL; THREATENING LETTERS AND SIMILAR OFFENSES

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F.S. 836.08

836.08 Correction, apology, or retraction by newspaper.—

(1) If it appears upon the trial that said article 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 were true; and that, within the period of time specified in subsection (2), a full and fair correction, apology, and retraction was 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 was said original article, then any criminal proceeding charging libel based on an article so retracted shall be discontinued and barred.

(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 that notice is served no later than 45 days prior to such publication.

History.—s. 2, ch. 16070, 1933; CGL 1940 Supp. 7064(2); s. 993, ch. 71-136; s. 2, ch. 80-34.

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Amendments to 836.08

Arrestable Offenses / Crimes under Fla. Stat. 836.08

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 836.08.

Annotations, Discussions, Cases:

Cases Citing Statute 836.08

Total Results: 7

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 that the

Tornillo v. Miami Herald Publishing Company

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

Citation: 287 So. 2d 78

Snippet: abatement of criminal penalty. Florida Statute 836.08, F.S.A., provides: "Correction, apology, or retraction

Florida East Coast Railway Company v. Rouse

Court: Supreme Court of Florida | Date Filed: 1967-01-09

Citation: 194 So. 2d 260

Snippet: F.S.A [2] Loftin v. Crowley's, Inc., 150 Fla. 836, 8 So.2d 909, 142 A.L.R. 626 (1942). [3] Winter Park

Georgia Southern & Florida Ry. Co. v. SEVEN-UP BOTT. CO. SE GEORGIA

Court: Supreme Court of Florida | Date Filed: 1965-05-12

Citation: 175 So. 2d 39

Snippet: Whitfield in Loftin v. Crowley's, Inc., 1942, 150 Fla. 836, 8 So.2d 909, 142 A.L.R. 626. Again, in Grace v. Geneva

Lanier v. Tyson

Court: District Court of Appeal of Florida | Date Filed: 1962-08-22

Citation: 147 So. 2d 365

Snippet: 1475; Loftin v. Crowley’s Inc., 1942, 150 Fla. 836, 8 So.2d 909, 142 A.L.R. 626, cert. denied 317 U.S

Hunter v. Flowers

Court: Supreme Court of Florida | Date Filed: 1949-12-23

Citation: 43 So. 2d 435, 14 A.L.R. 2d 447, 1949 Fla. LEXIS 1064

Snippet: included. See Loftin v. Crowley's, Inc., 150 Fla. 836, 8 So.2d 909, 142 A.L.R. 626, certiorari denied 317

State of Fla. Ex Rel. Johnson v. Johns

Court: Supreme Court of Florida | Date Filed: 1926-07-05

Citation: 92 Fla. 189

Snippet: legitimate exercise of legislative power. See 12 C. J. 836-8, and cases cited: 1 McQuillan Munic. Corp. 399-403