Fla. Std. Jury Instr. (Civ.) 405.7

The [next] issue[s] for you to decide on (claimant’s) claim against (defendant) [is] [are] whether (defendant’s) statement concerning (claimant) was in some significant respect a false statement of fact and, if so, whether [(defendant) was negligent in determining whether the statement was true or false] [at the time the statement was made, (defendant) either knew the statement was false or had serious doubts as to its truth]. You should consider the context in which the statement was made.

a. Issue whether statement was false:

A statement is in some significant respect false if its substance or gist conveys a materially different meaning than the truth would have conveyed. In making this determination, you should disregard any minor inaccuracies that do not affect the substance of the statement.

b. Issue whether statement created false impression:

A statement that is literally true is in some significant respect a false statement of fact if it is conveyed in such a way as to create a false impression.

c. Issue whether statement was fact or opinion:

In order to be regarded as defamatory, a statement must be one of fact, not opinion. However, a statement [involving] [or] [phrased as] opinion is considered to be a statement of fact [if it is capable of being proved false] [or] [if it implies a knowledge of unstated facts that would support the opinion].

d(1). Issue whether defendant acted with negligence:

You must decide whether (defendant) was negligent in determining whether the statement was true or false. A defendant is negligent if he or she does not use reasonable care to determine whether the statement is actually true or false.

d(2). Issue whether defendant acted with actual malice:

You must decide whether clear and convincing evidence shows that, at the time the statement was made, (defendant) either knew the statement was false or had serious doubts as to its truth.