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Florida Statute 836.08 - Full Text and Legal Analysis Florida Statute 836.08 | Lawyer Caselaw & Research
Fla. Stat. § 836.08 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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;
(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 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.

Cases Citing F.S. 836.08

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·Tornillo v. Miami Herald Publ'g Co., 287 So. 2d 78 (Fla. 1973).

Cited 13 times | Published | Supreme Court of Florida

...er publishers. But, indeed, this statute has been utilized to their financial advantage. We also here note another retraction statute promulgated by the Florida Legislature which defines a procedure for abatement of criminal penalty. Florida Statute 836.08, F.S.A., provides: "Correction, apology, or retraction by newspaper....
...e, it is observed that similar questions might well be posed as to the vagueness of certain provisions of Florida Statute 770.02, F.S.A., viz: "good faith"; "falsity"; "a full and fair correction"; "apology"; "conspicuous place"; and Florida Statute 836.08, F.S.A., viz: "correction"; "apology"; "reasonable grounds"; or "a full and fair correction"....
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Cited as authorityMorris (2001)
phrase: "rule_authority"
Cited as authorityRichards (1994)
phrase: "rule_authority"
Cited as authorityRichards (1992)
phrase: "rule_authority"

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