Bill Text: FL S1312 | 2015 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
Florida Senate - 2015 SB 1312 By Senator Simmons 10-00699B-15 20151312__ 1 A bill to be entitled 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 entities prohibited.— 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 of Florida’s citizens toexercisetheir rights of free 20 speech in connection with public issues, and their rights to 21 peacefully assemble, instruct their representatives, and 22 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 individuals to exercise their constitutional rights of 33 free speech in connection with public issuesparticipate in the34state’s institutions of government. Therefore, the Legislature 35 finds and declares that prohibiting such lawsuits as herein 36 describedby governmental entitieswill preserve this 37 fundamental state policy, preserve the constitutional rights of 38 Florida citizens, and assure the continuation of representative 39 government in this state. It is the intent of the Legislature 40 that such lawsuits be expeditiously disposed of by the courts. 41 (2)(3)As used in this section, the phrase or term: 42 (a) “Free speech in connection with public issues” means 43 any written or oral statement that is protected under applicable 44 law and made before a governmental entity in connection with an 45 issue under consideration or review by a governmental entity, or 46 in connection with the publication of a play, movie broadcast, 47 or other similar work of art. 48 (b) “Governmental entity” or “government entity” means the 49 state, including the executive, legislative, and the judicial 50 branches of government and the independent establishments of the 51 state, counties, municipalities, corporations primarily acting 52 as instrumentalities of the state, counties, or municipalities, 53 districts, authorities, boards, commissions, or any agencies 54 thereof. 55 (3)(4)A person orNogovernmental entity in this state may 56 notshallfile or cause to be filed, through its employees or 57 agents, any lawsuit, cause of action, claim, cross-claim, or 58 counterclaim against anotheraperson or entity without merit 59 and solely because such person or entity has exercised the 60 constitutional right of free speech in connection with a public 61 issue, or right to peacefully assemble,the rightto instruct 62 representatives of government, orand the rightto petition for 63 redress of grievances before the various governmental entities 64 of this state, as protected by the First Amendment to the United 65 States Constitution and s. 5, Art. I of the State Constitution. 66 (4)(5)A person or entity sued by a governmental entity or 67 another person in violation of this section has a right to an 68 expeditious resolution of a claim that the suit is in violation 69 of this section. A person or entity may movepetitionthe court 70 for an order dismissing the action or granting final judgment in 71 favor of that person or entity. The person or entitypetitioner72 may file a motion for summary judgment, together with 73 supplemental affidavits, seeking a determination that the 74 claimant’s or governmental entity’s lawsuit has been brought in 75 violation of this section. The claimant or governmental entity 76 shall thereafter file aitsresponse and any supplemental 77 affidavits. As soon as practicable, the court shall set a 78 hearing on thepetitioner’smotion, which shall be held at the 79 earliest possible time after the filing of the claimant’s or 80 governmental entity’s response. The court may award, subject to 81 the limitations in s. 768.28, the party sued by a governmental 82 entity or person actual damages arising from the governmental 83 entity’s or person’s violation of this sectionact. The court 84 shall award the prevailing party reasonable attorney’s fees and 85 costs incurred in connection with a claim that an action was 86 filed in violation of this section. 87 (5)(6)In any case filed by a governmental entity which is 88 found by a court to be in violation of this section, the 89 governmental entity shall report such finding and provide a copy 90 of the court’s order to the Attorney General no later than 30 91 days after such order is final. The Attorney General shall 92 report any violation of this section by a governmental entity to 93 the Cabinet, the President of the Senate, and the Speaker of the 94 House of Representatives. A copy of such report shall be 95 provided to the affected governmental entity. 96 Section 2. This act shall take effect July 1, 2015.