HB 1499 2003
1	A bill to be entitled
2	An act relating to strategic lawsuits against public
3	participation; amending s. 768.295, F.S.; expanding
4	application of strategic lawsuits against public
5	participation provisions to any person or entity;
6	providing penalties; providing for revoking or rescinding
7	certain licenses or permits under certain circumstances;
8	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
13	to 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
17	Participation in Government Act."
18	(2) It is the intent of the Legislature to protect the
19	right of Florida's citizens to exercise their rights to
20	peacefully assemble, instruct their representatives, and
21	petition for redress of grievances before the various
22	governmental entities of this state as protected by the First
23	Amendment to the United States Constitution and s. 5, Art. I of
24	the State Constitution. The Legislature recognizes that
25	"Strategic Lawsuits Against Public Participation" or "SLAPP"
26	suits, as they are typically called, have increased over the
27	last 30 years and are mostly filed by private industry and
28	individuals. However, it is the public policy of this state that
29	government entities not engage in SLAPP suits because such
30	actions are inconsistent with the right of individuals to
31	participate in the state's institutions of government.
32	Therefore, the Legislature finds and declares that prohibiting
33	such lawsuits by governmental entitieswill preserve this
34	fundamental state policy, preserve the constitutional rights of
35	Florida citizens, and assure the continuation of representative
36	government in this state. It is the intent of the Legislature
37	that such lawsuits be expeditiously disposed of by the courts.
38	(3) As used in this section, "governmental entity" or
39	"government entity" means the state, including the executive,
40	legislative, and the judicial branches of government and the
41	independent establishments of the state, counties,
42	municipalities, corporations primarily acting as
43	instrumentalities of the state, counties, or municipalities,
44	districts, authorities, boards, commissions, or any agencies
45	thereof.
46	(3)(4) No person or entitygovernmental entityin this
47	state shall file or cause to be filed, through its employees or
48	agents, any lawsuit, cause of action, claim, cross-claim, or
49	counterclaim against anotheraperson or entity without merit
50	and solely because the suedsuchperson or entity has exercised
51	the right to peacefully assemble, the right to instruct
52	representatives, and the right to petition for redress of
53	grievances before the various governmental entities of this
54	state, as protected by the First Amendment to the United States
55	Constitution and s. 5, Art. I of the State Constitution.
56	(4)(5) A person or entity sued by another person ora
57	governmentalentity in violation of this section has a right to
58	an expeditious resolution of a claim that the suit is in
59	violation of this section. A person or entity sued by another
60	person or entity in violation of this sectionmay petition the
61	court for an order dismissing the action or granting final
62	judgment in favor of the petitionerthat person or entity. The
63	petitioner may file a motion for summary judgment, together with
64	supplemental affidavits, seeking a determination that the
65	governmental entity'slawsuit has been brought in violation of
66	this section. The person orgovernmental entity filing the suit
67	shall thereafter file its response and any supplemental
68	affidavits. As soon as practicable, the court shall set a
69	hearing on the petitioner's motion, which shall be held at the
70	earliest possible time after the filing of the suing
71	governmentalentity's response. The court may award, subject to
72	the limitations in s. 768.28 in the case of a governmental
73	entity only, the petitioner’sparty sued by a governmental
74	entity actual damages arising from the suing person’s or
75	governmentalentity's violation of this act. The court shall
76	award the prevailing party reasonable attorney's fees and costs
77	incurred in connection with a claim that an action was filed in
78	violation of this section. If a person or entity files a suit in
79	violation of this section and such person or entity holds a
80	license or permit that is related to the activities of the
81	person or entity and the cause of action in the suit and the
82	petitioner prevails on the motion to order dismissal of the
83	action or grant final judgment, the court shall include in the
84	order that such license or permit be revoked or rescinded.
85	(5)(6)In any case filed by a governmental entity which is
86	found by a court to be in violation of this section, the
87	governmental entity shall report such finding and provide a copy
88	of the court's order to the Attorney General no later than 30
89	days after such order is final. The Attorney General shall
90	report any violation of this section by a governmental entity to
91	the Cabinet, the President of the Senate, and the Speaker of the
92	House of Representatives. A copy of such report shall be
93	provided to the affected governmental entity. As used in this
94	subsection, "governmental entity" means the state, including the
95	executive, legislative, and the judicial branches of government
96	and the independent establishments of the state, counties,
97	municipalities, corporations primarily acting as
98	instrumentalities of the state, counties, or municipalities,
99	districts, authorities, boards, commissions, or any agencies
100	thereof.
101	Section 2. This act shall take effect upon becoming a law.