SALTER, J.
Jeff Greene appeals a final judgment and order dismissing his complaint against Times Publishing Company, Miami Herald Media Company, and three reporters for libel. Concluding that the complaint states a legally sufficient cause of action against each defendant, we reverse and remand the case to the circuit court for further proceedings.
Greene was a candidate for nomination as the Democratic candidate for election to the United States Senate in 2010. In mid-August 2010, about three weeks before the primary election for the nomination, the St. Petersburg Times, a newspaper and online publisher owned by defendant/appellee Times Publishing Company, and The Miami Herald, a newspaper and online publisher owned by defendant/appellee Miami Herald Media Company, published three articles about Greene. Two of the pieces addressed Greene's alleged role in a 2006 real estate deal in California. The third described various alleged activities involving Mike Tyson and Greene's "mega yacht," the "Summerwind," during the period 2005-2007. The stories were published in print and online.
Greene provided pre-publication information and denials of certain information disclosed by the reporters, and he sent timely, written post-publication retraction demands pursuant to section 770.01, Florida Statutes (2010). As to the last article, Greene alleged, among other things, that he had no knowledge of whether Tyson was using illegal drugs in the summer of 2005 or 2007, that he paid for Tyson to go to rehabilitation when he later learned that Tyson was addicted, and that Tyson had publicly acknowledged that, but for Greene's help, Tyson likely would have died from an overdose. But retractions were not forthcoming. Greene then sued Times Publishing, Herald Media, three individual and named reporters, and unnamed "John or Jane Does" that might have participated in the investigation, reporting, or editorial review regarding the three articles, in the circuit court in Miami.
The three articles are referred to in the complaint, dismissal order, and here as articles 1, 2, and 3. Articles 1 and 2 dealt with Greene's 2006 real estate transactions at a 300-unit condominium property known as La Mirage in Ridgecrest, California. Article 3 reported Greene's relationship with Mike Tyson and alleged activities in 2005-2007 aboard Greene's "raucous party boat," the "Summerwind."
Article 1, "Calif. Deal Put Jeff Greene on Front Line of Mortgage Mess," linked Greene to "mortgage shenanigans," "massive fraud," and "a man now under federal indictment." The article recounted transactions in which a company owned by Greene sold all 300 Mirage condominiums in a single transaction to James Delbert McConville
The complaint and its attachments, including the statutory retraction correspondence, detail thirteen "libelous statements"
Article 2, "Jeff Greene's Real Estate Dealings Need Explaining," was published on the editorial page by the Times two days after article 1. The article included numerous references to statements and topics in article 1, as well as new content. Representative statements in article 2 are:
Greene alleged that these and other specific allegations in article 2 were false and known to be false at the time they were made.
Article 3, published three days after article 2, was headlined "Jeff Greene Brushes off Raucous Party Boat Tales" in the Times and "Jeff Greene's Yacht Holds the Secrets: Sexcapades or Sabbath?" in the Herald.
Greene alleged that the articles were published two weeks before the primary election in order to derail Greene's nomination, with one of the individual defendants describing an early piece on Greene as a "hit job" or "hit piece," and another having described her bias against Greene to third parties. Greene alleged that he invested over $24,000,000 of his own funds in his campaign for the nomination. He alleged that, prior to the publication of articles 1, 2, and 3, most polls indicated that Greene had a significant lead in the polls over his opponent, Kendrick Meek, and that his lead dropped to a double-digit deficit after publication of the articles. He lost the primary election. He also alleged that the allegedly-libelous statements damaged his reputation as a person and businessman.
As to each article, Greene alleged in the complaint that the allegedly-libelous statements were published without any privilege and with "actual malice, that is, with actual knowledge of falsity or with reckless disregard for truth or falsity."
Greene's fifty-four page complaint referred to and attached eight documents (the articles and the statutory post-publication retraction demands). The defendants' motions to dismiss
Greene then waived the limited right to amend granted in the order, the trial court entered a final judgment in favor of all defendants, and this appeal followed.
Our review is de novo. We assume that all allegations in the complaint are true, and we construe all reasonable inferences from those allegations in favor of Greene. United Auto. Ins. Co. v. Law Offices of Michael I. Libman, 46 So.3d 1101, 1103-04 (Fla. 3d DCA 2010). That said, we acknowledge at the outset that the legal sufficiency of a libel complaint by a public figure against news media and reporters is subject to a more rigorous set of tests than a contract claim between private parties. First Amendment case law has, over the years, created such principles as the "substantial truth" doctrine
The trial court correctly specified the five elements of a legally sufficient cause of action for libel involving a public figure: (1) publication, (2) falsity, (3) the defendant's knowledge of, or reckless disregard for, the falsity (i.e., actual malice), (4) actual damages, and (5) the false statement must be defamatory. Jews for Jesus, Inc. v. Rapp, 997 So.2d 1098, 1106 (Fla.2008). In this case, publication is alleged (and is undisputed). The defendants' knowledge or reckless disregard for alleged falsity is sufficiently pled, and actual damages are sufficiently pled as well.
According to the allegations and attachments, a number of statements in the articles are false. In articles 1 and 2, no individual purchasers bought condominium units from Greene, other than McConville, and Greene did not sell any condominium units for the purchase prices listed in the articles. Nor was Greene "party to precisely the kind of deal that decimated the market," according to the complaint. Nor did Greene participate in a California real estate deal with "inflated sales prices to straw buyers and defaults that cost banks and taxpayers millions." According to the complaint and its attachments, McConville completed deeds signed in blank — provided under the "bulk" sale contract for all 300 condominium units to give effect to the "or assignees" feature of the agreement — which were then misused by McConville for his own scheme.
In article 3, the complaint alleges that it is false that Tyson spent time with Greene aboard Greene's yacht doing drugs and cavorting with naked women. References in article 3 to a "raucous party boat," "the Love Boat," and "Sexcapades" make it clear that Greene was being accused of participating in, or at the very least condoning, unlawful and immoral behavior.
Nor are these alleged falsehoods, which are illustrative rather than a comprehensive and complete list, protected as a matter of law by the "substantial truth" doctrine. The overarching impact of each
In Rubin v. U.S. News & World Report, Inc., 271 F.3d 1305 (11th Cir.2001), the court summarized the tests in Florida to assess whether a communication is defamatory:
Id. at 1306 (footnotes omitted).
In the present case, the communications could, and allegedly did, have a defamatory or harmful effect. Various specific representations of fact in all three articles, as illustrated above, each considered in the context of the entire article, were not reasonably susceptible of a non-defamatory meaning — they directly portrayed Greene as a participant in criminal real estate and mortgage fraud, who needed to be investigated by the Federal Bureau of Investigation, and as a yacht owner who either took part in, or allowed his yacht to be used in, illegal drug use and "sexcapades."
We do not reach the appellees' assertion that certain other statements in the articles may be non-actionable because they are accurately-reported statements of pure opinion by non-parties and are based on facts disclosed in the article. The actionable and provable false and defamatory statements, if any, will winnow out via pretrial discovery and motions for summary judgment.
Reversed and remanded for further proceedings.