Bill Text: FL S1312 | 2015 | Regular Session | Enrolled
Bill Title: Strategic Lawsuits Against Public Participation
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2015-05-22 - Chapter No. 2015-70 [S1312 Detail]
Download: Florida-2015-S1312-Enrolled.html
ENROLLED 2015 Legislature CS for SB 1312, 1st Engrossed 20151312er 1 2 An act relating to strategic lawsuits against public 3 participation; amending s. 768.295, F.S.; removing a 4 short title; providing that legislative intent 5 includes the protection of specified forms of free 6 speech; defining the phrase “free speech in connection 7 with public issues”; conforming provisions to changes 8 made by the act; providing an effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1. Section 768.295, Florida Statutes, is amended to 13 read: 14 768.295 Strategic Lawsuits Against Public Participation 15 (SLAPP)suits by governmental entitiesprohibited.— 16 (1)This section may be cited as the “Citizen Participation17in Government Act.”18(2)It is the intent of the Legislature to protect the 19 right in Floridaof Florida’s citizensto exercise thetheir20 rights of free speech in connection with public issues, and the 21 rights to peacefully assemble, instructtheirrepresentatives, 22 and petition for redress of grievances before the various 23 governmental entities of this state as protected by the First 24 Amendment to the United States Constitution and s. 5, Art. I of 25 the State Constitution.The Legislature recognizes that26“Strategic Lawsuits Against Public Participation” or “SLAPP”27suits, as they are typically called, have increased over the28last 30 years and are mostly filed by private industry and29individuals. However,It is the public policy of this state that 30 a person or governmental entitygovernment entitiesnot engage 31 in SLAPP suits because such actions are inconsistent with the 32 right of personsindividualsto exercise such constitutional 33 rights of free speech in connection with public issues 34participate in the state’s institutions of government. 35 Therefore, the Legislature finds and declares that prohibiting 36 such lawsuits as herein describedby governmental entitieswill 37 preserve this fundamental state policy, preserve the 38 constitutional rights of persons in Floridacitizens, and assure 39 the continuation of representative government in this state. It 40 is the intent of the Legislature that such lawsuits be 41 expeditiously disposed of by the courts. 42 (2)(3)As used in this section, the phrase or term: 43 (a) “Free speech in connection with public issues” means 44 any written or oral statement that is protected under applicable 45 law and is made before a governmental entity in connection with 46 an issue under consideration or review by a governmental entity, 47 or is made in or in connection with a play, movie, television 48 program, radio broadcast, audiovisual work, book, magazine 49 article, musical work, news report, or other similar work. 50 (b) “Governmental entity” or “government entity” means the 51 state, including the executive, legislative, and the judicial 52 branches of government and the independent establishments of the 53 state, counties, municipalities, corporations primarily acting 54 as instrumentalities of the state, counties, or municipalities, 55 districts, authorities, boards, commissions, or any agencies 56 thereof. 57 (3)(4)A person orNogovernmental entity in this state may 58 notshallfile or cause to be filed, through its employees or 59 agents, any lawsuit, cause of action, claim, cross-claim, or 60 counterclaim against anotheraperson or entity without merit 61 and primarilysolelybecause such person or entity has exercised 62 the constitutional right of free speech in connection with a 63 public issue, or right to peacefully assemble,the rightto 64 instruct representatives of government, orand the rightto 65 petition for redress of grievances before the various 66 governmental entities of this state, as protected by the First 67 Amendment to the United States Constitution and s. 5, Art. I of 68 the State Constitution. 69 (4)(5)A person or entity sued by a governmental entity or 70 another person in violation of this section has a right to an 71 expeditious resolution of a claim that the suit is in violation 72 of this section. A person or entity may movepetitionthe court 73 for an order dismissing the action or granting final judgment in 74 favor of that person or entity. The person or entitypetitioner75 may file a motion for summary judgment, together with 76 supplemental affidavits, seeking a determination that the 77 claimant’s or governmental entity’s lawsuit has been brought in 78 violation of this section. The claimant or governmental entity 79 shall thereafter file aitsresponse and any supplemental 80 affidavits. As soon as practicable, the court shall set a 81 hearing on thepetitioner’smotion, which shall be held at the 82 earliest possible time after the filing of the claimant’s or 83 governmental entity’s response. The court may award, subject to 84 the limitations in s. 768.28, the party sued by a governmental 85 entity actual damages arising from athegovernmental entity’s 86 violation of this sectionact. The court shall award the 87 prevailing party reasonable attorneyattorney’sfees and costs 88 incurred in connection with a claim that an action was filed in 89 violation of this section. 90 (5)(6)In any case filed by a governmental entity which is 91 found by a court to be in violation of this section, the 92 governmental entity shall report such finding and provide a copy 93 of the court’s order to the Attorney General no later than 30 94 days after such order is final. The Attorney General shall 95 report any violation of this section by a governmental entity to 96 the Cabinet, the President of the Senate, and the Speaker of the 97 House of Representatives. A copy of such report shall be 98 provided to the affected governmental entity. 99 Section 2. This act shall take effect July 1, 2015.