In Florida, Defamation cases have a two-year statute of limitation, which means, that a defamation claim must be brought forth within two years from the date of the publication. This is codified under Florida Statute 95.11(4)(g).
To prove defamation, a plaintiff generally must show: • A false statement purporting to be fact; • Publication or communication of that statement to a third person; • Fault amounting to at least negligence; and • Damages – that is, some harm caused to the plaintiff's reputation.
What is required to prove a case of defamation in Florida? To state a claim for defamation in Florida, a plaintiff must allege that (1) the defendant published or said a false statement; (2) about the plaintiff; (3) to a third party; and (4) the falsity of this statement caused injury to the plaintiff.
The most common defenses to defamation are: 1) truth; 2) consent; 3) privilege; and 4) the statute of limitations. Perhaps the most distinct aspect of the defamation cause of action is that falsity is required. In other words, the statement publicized about the plaintiff must be false in order to prove defamation.
§ 768.73(1)(a) (2025).) Because defamation per se causes obvious reputational harm, in some cases Florida law might award you "presumed" damages. Presumed damages typically are nominal—$1 or $100, for instance—and can be awarded even if you can't prove any economic or noneconomic losses.
In Florida, plaintiffs in defamation cases must generally prove that they suffered actual damages as a result of the defamatory statement. These damages could include loss of business or income, damage to professional reputation, emotional distress, or out-of-pocket expenses incurred to mitigate the damage.
“Libel” and “slander” make-up defamation of character, and, committing one of these acts in Florida can be the basis of a civil lawsuit for damages. Read more. Common defenses to defamation claims (libel or slander) include truth, anti-SLAPP, and the limitations doctrine.
Summons, writs, subpoenas and other documents that are issued by the clerk should be E-Filed. Choose the appropriate Document Group type from the dropdown list and then choose the appropriate Document Type for that group. The associated issuance fees will be automatically calculated.
Because slander and libel are considered crimes in Florida, the defendant could be facing criminal penalties and civil penalties if the State decides to press charges. The criminal penalty for libel is a first degree misdemeanor, punishable by up to 1 year in jail in addition to fines.