CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for SB 306

    Amendment No. 1

                            CHAMBER ACTION
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11  The Committee on Governmental Oversight and Productivity

12  recommended the following amendment:

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14         Senate Amendment (with title amendment) 

15         Delete everything after the enacting clause

16

17  and insert:

18         Section 1.  Section 768.29, Florida Statutes, is

19  created to read:

20         768.29  Strategic Lawsuits Against Public Participation

21  (SLAPP) suits by governmental entities prohibited.--

22         (1)  This section may be cited as the "Citizen

23  Participation in Government Act."

24         (2)  It is the intent of the Legislature to protect the

25  right of Florida's citizens to exercise their rights to

26  peacefully assemble, instruct their representatives, and

27  petition for redress of grievances before the various

28  governmental entities of this state as protected by the First

29  Amendment to the United States Constitution and Art. I,

30  Section 5 of the State Constitution.  The Legislature

31  recognizes that "Strategic Lawsuits Against Public

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 306

    Amendment No. 1





 1  Participation" or "SLAPP" suits, as they are typically called,

 2  have increased over the last 30 years and are mostly filed by

 3  private industry and individuals.  However, it is the public

 4  policy of this state that government entities not engage in

 5  SLAPP suits because such actions are inconsistent with the

 6  right of individuals to participate in the state's

 7  institutions of government.  Therefore, the Legislature finds

 8  and declares that prohibiting such lawsuits by governmental

 9  entities will preserve this fundamental state policy, preserve

10  the constitutional rights of Florida citizens, and assure the

11  continuation of representative government in this state.  It

12  is the intent of the Legislature that such lawsuits be

13  expeditiously disposed of by the courts.

14         (3)  As used in this section, "governmental entity" or

15  "government entity" means the state, including the executive,

16  legislative, and the judicial branches of government and the

17  independent establishments of the state, counties,

18  municipalities, corporations primarily acting as

19  instrumentalities of the state, counties, or municipalities,

20  districts, authorities, boards, commissions, or any agencies

21  thereof.

22         (4)  No governmental entity in this state shall file or

23  cause to be filed, through its employees or agents, any

24  lawsuit, cause of action, claim, cross-claim, or counterclaim

25  against a person or entity without merit and solely because

26  such person or entity has exercised the right to peacefully

27  assemble, the right to instruct representatives, and the right

28  to petition for redress of grievances before the various

29  governmental entities of this state, as protected by the First

30  Amendment to the United States Constitution and Art. I,

31  section 5 of the State Constitution.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 306

    Amendment No. 1





 1         (5)  A person or entity sued by a governmental entity

 2  in violation of this section has a right to an expeditious

 3  resolution of a claim that the suit is in violation of this

 4  section.  A person or entity may petition the court for an

 5  order dismissing the action or granting final judgment in

 6  favor of that person or entity.  The petitioner may file a

 7  motion for summary judgment, together with supplemental

 8  affidavits, seeking a determination that the governmental

 9  entity's lawsuit has been brought in violation of this

10  section.  The governmental entity shall thereafter file its

11  response and any supplemental affidavits.  As soon as

12  practicable, the court shall set a hearing on the petitioner's

13  motion, which shall be held at the earliest possible time

14  after the filing of the governmental entity's response.  The

15  court may award, subject to the limitations in s. 768.28, the

16  party sued by a governmental entity actual damages arising

17  from the governmental entity's violation of this act.  The

18  court shall award the prevailing party reasonable attorney's

19  fees and costs incurred in connection with a claim that an

20  action was filed in violation of this section.

21         (6)  In any case filed by a governmental entity which

22  is found by a court to be in violation of this section, the

23  governmental entity shall report such finding and provide a

24  copy of the court's order to the Attorney General no later

25  than 30 days after such order is final.  The Attorney General

26  shall report any violation of this section by a governmental

27  entity to the Cabinet, and the President of the Senate, and

28  the Speaker of the House of Representatives.  A copy of such

29  report shall be provided to the affected governmental entity.

30         Section 2.  This act shall take effect upon becoming a

31  law.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 306

    Amendment No. 1





 1  ================ T I T L E   A M E N D M E N T ===============

 2  And the title is amended as follows:

 3         Delete everything before the enacting clause

 4

 5  and insert:

 6                      A bill to be entitled

 7         An act relating to government; creating the

 8         "Citizen Participation in Government Act";

 9         creating s. 768.29, F.S.; providing legislative

10         intent; defining terms; prohibiting SLAPP

11         lawsuits by governmental entities because

12         persons or entities exercise certain

13         constitutional rights; providing procedures for

14         expediting resolution of motions regarding

15         SLAPP suits; authorizing court to award actual

16         damages, including costs and attorney's fees;

17         requiring reporting of SLAPP suits to Attorney

18         General and reporting of violations to certain

19         state officers; providing an effective date.

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21         WHEREAS, the framers of our constitutions, recognizing

22  citizen participation in government as an inalienable right

23  essential to the survival of democracy, secured its protection

24  through the right to petition the government for redress of

25  grievances in the First Amendment to the United States

26  Constitution and s. 5, Art. I of the State Constitution, and

27         WHEREAS, the communications, information, opinions,

28  reports, testimony, claims, and arguments provided by citizens

29  to their government are essential to wise government decisions

30  and public policy in protecting the public health, safety, and

31  welfare, in providing effective law enforcement, and in

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 306

    Amendment No. 1





 1  ensuring the efficient operation of government programs, and

 2  are essential to the credibility and trust afforded government

 3  and the preservation of our republican form of government

 4  through representative democracy, and

 5         WHEREAS, civil lawsuits and counterclaims, often

 6  involving millions of dollars, have been and are being filed

 7  against countless citizens, businesses, and organizations

 8  because of their valid exercise of their right to petition,

 9  including seeking relief, influencing action, informing,

10  communicating, and otherwise participating with government

11  bodies, officials, or employees or the electorate, and

12         WHEREAS, such lawsuits, called "Strategic Lawsuits

13  Against Public Participation" or "SLAPPs," are typically

14  dismissed as unconstitutional, but often not before the

15  defendants are put to great expense, harassment, and

16  interruption of their duties, and

17         WHEREAS, the number of such lawsuits has increased

18  significantly over the past 30 years, and

19         WHEREAS, these lawsuits are an abuse of the judicial

20  process and are used to censor, intimidate, or punish

21  citizens, businesses, and organizations for involving

22  themselves in public affairs, and

23         WHEREAS, controlling these lawsuits will make a major

24  contribution to lawsuit reform, and

25         WHEREAS, the threat of financial liability, litigation

26  costs, destruction of one's business, loss of one's home, and

27  other personal losses from groundless lawsuits seriously

28  affects government, commerce, and individual rights by

29  significantly diminishing public participation in government,

30  in public discourse, and in voluntary public service, and

31         WHEREAS, while courts have recognized the harm from

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 306

    Amendment No. 1





 1  such lawsuits and have discouraged them, protection of these

 2  fundamental rights has been inadequate, and

 3         WHEREAS, while some citizen communications to

 4  government inevitably will be false or unsound or made out of

 5  self-interest or in bad faith, it is essential in our

 6  democracy that the constitutional rights of citizens to

 7  participate fully in the process of government be uniformly,

 8  consistently, and comprehensively protected and encouraged,

 9  NOW, THEREFORE,

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