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The 2025 Florida Statutes
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F.S. 768.295768.295 Strategic Lawsuits Against Public Participation (SLAPP) prohibited.—(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. History.—s. 1, ch. 2000-174; s. 1, ch. 2015-70.
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Annotations, Discussions, Cases:
Cases Citing Statute 768.295
Total Results: 24
264 So. 3d 304
District Court of Appeal of Florida | Filed: Feb 1, 2019 | Docket: 14530833
Cited 24 times | Published
and s. 5, Art. I of the State Constitution.
§ 768.295(3). The Anti-SLAPP statute defines "[f]ree
526 F. Supp. 2d 1264, 2007 WL 4276416
District Court, S.D. Florida | Filed: Nov 21, 2007 | Docket: 808113
Cited 5 times | Published
violated Florida's anti-SLAPP statute, Fla. Stat. § 768.295. See generally Thompson v. Rogers, Case No. 06-22477-Civ-Huck
378 F. Supp. 3d 1145
District Court, S.D. Florida | Filed: Dec 21, 2018 | Docket: 64324270
Cited 4 times | Published
Defendants have also filed a motion pursuant to Section 768.295 of the Florida Statutes ("the SLAPP Statute")
261 F. Supp. 3d 1220
District Court, M.D. Florida | Filed: May 10, 2017 | Docket: 64314811
Cited 2 times | Published
Against Public Participation) statute, Fla. Stat. § 768.295. (Dkt. 89 at 24-25) As a result, Warner contends
District Court of Appeal of Florida | Filed: Aug 20, 2025 | Docket: 71154564
Published
violated Florida's Anti-SLAPP statute, section 768.295, Florida
Statutes (2021). The trial court denied
Supreme Court of Florida | Filed: Mar 27, 2025 | Docket: 69800824
Published
“Strategic Lawsuits Against
Public Participation.” § 768.295, Fla. Stat. (2024). Recognizing the
harms caused
District Court of Appeal of Florida | Filed: Jan 31, 2025 | Docket: 69596386
Published
pursuant to Florida's Anti-SLAPP2 statute, see § 768.295, Fla. Stat.
(2020), as barred by the statute of
District Court of Appeal of Florida | Filed: Dec 11, 2024 | Docket: 69455319
Published
Florida's "anti-SLAPP statute," section 768.295, Florida Statutes
(2023). As noted, he argued
District Court of Appeal of Florida | Filed: Jun 12, 2024 | Docket: 68290563
Published
for summary
judgment and in part relied on section 768.295, commonly referred to as
the Anti-SLAPP (Strategic
District Court of Appeal of Florida | Filed: Feb 28, 2024 | Docket: 68290563
Published
for summary
judgment and in part relied on section 768.295, commonly referred to as
the Anti-SLAPP (Strategic
District Court of Appeal of Florida | Filed: Nov 17, 2023 | Docket: 68015778
Published
amounted to a prohibited SLAPP lawsuit7
under section 768.295, Florida Statutes (2020), and that, as such
District Court of Appeal of Florida | Filed: Sep 6, 2023 | Docket: 67764752
Published
or for summary
judgment filed pursuant to section 768.295, Florida Statutes (2021),
Florida's Strategic
District Court of Appeal of Florida | Filed: Aug 25, 2023 | Docket: 68034294
Published
his motion for final
judgment pursuant to section 768.295, Florida Statutes (2021)
(the “Anti-SLAPP statute”)
District Court of Appeal of Florida | Filed: Aug 16, 2023 | Docket: 67696341
Published
pursuant to Florida's Anti-SLAPP statute, section
768.295(4), Fla. Stat. (2022). Upon consideration
District Court of Appeal of Florida | Filed: May 17, 2023 | Docket: 66639442
Published
cause of action for all counts. Pursuant to section
768.295(1), Florida Statutes,4 BET additionally asserted
District Court of Appeal of Florida | Filed: Mar 29, 2023 | Docket: 65635495
Published
alleged statements and activities were barred by section
768.295, Florida Statutes (2021), Florida’s Anti-SLAPP
District Court of Appeal of Florida | Filed: Jan 25, 2023 | Docket: 66757262
Published
judgment under Florida’s Anti-SLAPP
statute. § 768.295(4), Fla. Stat. (2022).
We dismiss the petition
District Court of Appeal of Florida | Filed: Nov 2, 2022 | Docket: 65654666
Published
contention the lawsuit falls within the
ambit of section 768.295, Florida Statutes (2022), which prohibits Strategic
District Court of Appeal of Florida | Filed: Aug 31, 2022 | Docket: 64937030
Published
counterclaim
for business disparagement pursuant to section 768.295, Florida Statutes
(2022).1 We dismiss the
District Court of Appeal of Florida | Filed: Aug 31, 2022 | Docket: 64938205
Published
MILLER, JJ.
PER CURIAM.
Affirmed. See § 768.295(4), Fla. Stat. (2020) (emphasis added) (“The
District Court of Appeal of Florida | Filed: Aug 10, 2022 | Docket: 64881535
Published
Petitioner published multiple critical
1
Section 768.295 of the Florida Statutes, titled “Strategic
District Court of Appeal of Florida | Filed: Jun 29, 2022 | Docket: 63556664
Published
complaint under Florida’s Anti-SLAPP statute. See § 768.295,
Fla. Stat. (2022). We dismiss the petition for
District Court of Appeal of Florida | Filed: Oct 13, 2021 | Docket: 60642696
Published
pursuant to Florida’s Anti-SLAPP Statute, section
768.295, Florida Statutes (2021). Though we agree
District Court of Appeal of Florida | Filed: Oct 30, 2019 | Docket: 16400363
Published
protected under Florida’s Anti-SLAPP statute,
section 768.295, Florida Statutes (2018). 1 The circuit court