Fla. Std. Jury Instr. (Civ.) 405.11

Next you must consider the defense of qualified privilege. A qualified privilege is a limited right for a person to make a statement that may be false and defamatory, when the person has a specific interest in the subject matter at issue and makes the statement to [an]other person[s] also having an interest in the subject matter of the statement.

a.(1) Qualified privilege applies as a matter of law:

The court instructs you that (defendant) had a qualified privilege to make the allegedly false and defamatory statements regarding (claimant) because (explain reason for qualified privilege). As a result, (defendant) is not liable for defamation unless (defendant) abused the privilege.

a.(2) Qualified privilege is a factual issue:

(Defendant) contends that it had a qualified privilege to make the statement[s] at issue in this case and is thus not liable for any false and defamatory statement[s]. Specifically, (defendant) claims that [he] [she] [it] had an interest in making the statement, and in communicating it to (describe audience), because (describe nature and grounds of privilege). (Claimant) disputes that (defendant) had a qualified privilege in this case, because (describe claimant’s position as to factual issue).

In order for (defendant) to establish that (defendant) had a qualified privilege, (defendant) must prove by the greater weight of the evidence (describe material factual issue and how jury resolves it).

If (defendant) does not prove by the greater weight of the evidence that (defendant) had a qualified privilege, you should find for (claimant) on the issue of qualified privilege. If, however, (defendant) proves by the greater weight of the evidence that (defendant) had a qualified privilege, you must next consider whether (claimant) has proven by the greater weight of the evidence that (defendant) abused the qualified privilege.

b. Abuse of qualified privilege/express malice:

To establish that (defendant) abused the privilege, (claimant) must prove by the greater weight of the evidence that (defendant) was primarily motivated in making the allegedly false and defamatory statement by a desire to cause injury to (claimant).