Under Florida law, the elements of a defamation claim are:
The defendant published a false statement about the plaintiff to a third party and the falsity of the statement caused injury to the plaintiff.
A plaintiff must also prove that the defendant’s fault in publishing the statement amounted to at least negligence. The elements of a defamation claim in Florida are similar to the elements discussed in the general Defamation Law section, with the following exceptions:
- Defamation Per Se
- Public and Private Figures
- Criminal Libel
- Actual Malice and Negligence
Florida’s statute of limitations for defamation is two (2) years.