(1) It is the intent of the Legislature to
protect the right in Florida to exercise the rights of free
speech in connection with public issues, and the rights to
peacefully assemble, instruct representatives, and petition
for redress of grievances before the various governmental
entities of this state as protected by the First Amendment
to the United States Constitution and s. 5, Art. I of the
State Constitution. It is the public policy of this state
that a person or governmental entity not engage in SLAPP
suits because such actions are inconsistent with the right
of persons to exercise such constitutional rights of free
speech in connection with public issues. Therefore, the
Legislature finds and declares that prohibiting such
lawsuits as herein described will preserve this fundamental
state policy, preserve the constitutional rights of persons
in Florida, and assure the continuation of representative
government in this state. It is the intent of the
Legislature that such lawsuits be expeditiously disposed of
by the courts.
(2) As used in this section, the phrase or
term:
(a) “Free speech in connection with
public issues” means any written or oral statement that is
protected under applicable law and is made before a
governmental entity in connection with an issue under
consideration or review by a governmental entity, or is made in or in connection with a play,
movie, television program, radio broadcast, audiovisual
work, book, magazine article, musical work, news report,
or other similar work.
(b) “Governmental entity” or “government
entity” means the state, including the executive,
legislative, and the judicial branches of government and
the independent establishments of the state, counties,
municipalities, corporations primarily acting as
instrumentalities of the state, counties, or
municipalities, districts, authorities, boards,
commissions, or any agencies thereof.
(3) A person or governmental entity in
this state may not file or cause to be filed, through its
employees or agents, any lawsuit, cause of action, claim,
cross-claim, or counterclaim against another person or
entity without merit and primarily because such person or
entity has exercised the constitutional right of free speech
in connection with a public issue, or right to peacefully
assemble, to instruct representatives of government, or to
petition for redress of grievances before the various
governmental entities of this state, as protected by the
First Amendment to the United States Constitution and s. 5,
Art. I of the State Constitution.
(4) A person or entity sued by a
governmental entity or another person in violation of this
section has a right to an expeditious resolution of a claim
that the suit is in violation of this section. A person or
entity may move the court for an order dismissing the action
or granting final judgment in favor of that person or
entity. The person or entity may file a motion for summary
judgment, together with supplemental affidavits, seeking a
determination that the claimant’s or governmental entity’s
lawsuit has been brought in violation of this section. The
claimant or governmental entity shall thereafter file a
response and any supplemental affidavits. As soon as
practicable, the court shall set a hearing on the motion,
which shall be held at the earliest possible time after the
filing of the claimant’s or governmental entity’s response.
The court may award, subject to the limitations in s. 768.28,
the party sued by a governmental entity actual damages
arising from a governmental entity’s violation of this
section. The court shall award the prevailing party
reasonable attorney fees and costs incurred in connection
with a claim that an action was filed in violation of this
section.
(5) In any case filed by a governmental
entity which is found by a court to be in violation of this
section, the governmental entity shall report such finding
and provide a copy of the court’s order to the Attorney
General no later than 30 days after such order is final. The
Attorney General shall report any violation of this section
by a governmental entity to the Cabinet, the President of
the Senate, and the Speaker of the House of Representatives.
A copy of such report shall be provided to the affected
governmental entity.