Florida SB 1220 (2023): The Defamation Bill That Did Not Pass

Correction: an earlier version of this post described Florida Senate Bill 1220 (2023) as enacted law. It was not. SB 1220 died in the Rules Committee on May 5, 2023 and never became law. This post has been rewritten to state what actually happened and what Florida defamation law requires today.

What SB 1220 Was

SB 1220 (2023) was titled “Defamation and Related Actions.” Among other things, the bill would have limited the journalist’s privilege in defamation cases, allowed altered and unaltered photographs, video, and audio to form the basis of a claim, treated certain allegations as made with actual malice, and applied a negligence standard where a defendant refused to identify the source of a defamatory statement.

What Happened to It

The Senate bill history is public. SB 1220 was filed February 27, 2023, referred to Judiciary and Rules, and reported favorable by Judiciary on March 21, 2023 by a vote of 8 to 3. It was then temporarily postponed in Rules three times and died in Rules on May 5, 2023. No chapter law number was ever assigned. Its House companion, HB 991, also died.

Florida Statutes chapter 770, which governs civil actions for libel and slander, has not been amended since chapter 97-102, Laws of Florida. None of the changes SB 1220 proposed are part of Florida law.

What Florida Defamation Law Actually Requires Today

Pre-suit notice. Section 770.01 provides that before any civil action is brought for publication or broadcast, in a newspaper, periodical, or other medium, of a libel or slander, the plaintiff shall, at least 5 days before instituting such action, serve notice in writing on the defendant, specifying the article or broadcast and the statements alleged to be false and defamatory. Whether a given website, social media account, or review platform is an “other medium” is not settled in Florida, and the answer can decide whether a case survives an early motion.

Deadline. Section 95.11(5)(h) gives two years for an action for libel or slander. The clock runs from first publication. It does not restart because the statement is still visible online.

Fee exposure. Section 768.295 covers statements made before a governmental entity on a matter under consideration, and statements made in or in connection with a play, movie, television program, radio broadcast, audiovisual work, book, magazine article, musical work, news report, or other similar work. Subsection (4) provides that the court shall award the prevailing party reasonable attorney fees and costs incurred in connection with a claim that an action was filed in violation of the section. That award is not discretionary once the finding is made.

Why This Correction Matters

Reporting on proposed legislation frequently describes a bill as though passage were a formality. Bills die. A defamation claim built on a rule that was never enacted is a claim built on nothing. Before relying on any statement about what Florida defamation law requires, including this one, confirm it against the statute and the bill history.

Next Steps

If you are dealing with false statements published about you or your business in Florida, the questions that decide the case are the notice requirement, the two-year deadline, and anti-SLAPP exposure. Contact Ludwin Law Group to discuss how these apply to your situation.