836.08 Correction, apology, or retraction by newspaper. - Florida Statutes

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.