Florida Statute 768.295 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLV
TORTS

Chapter 768
NEGLIGENCE

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F.S. 768.295

768.295 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.

F.S. 768.295 on Google Scholar

F.S. 768.295 on Casetext

Amendments to 768.295

Arrestable Offenses / Crimes under Fla. Stat. 768.295

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 768.295.

Annotations, Discussions, Cases:

Cases Citing Statute 768.295

Total Results: 17

Mindy Lee v. Animal Aid, Inc. and Rhoda Mann

Court: Fla. Dist. Ct. App. | Date Filed: 2024-06-12T00:00:00-07:00

Snippet: with public issues. § 768.295(1), Fla. Stat. (2018). Further, section 768.295 provides for an award…summary judgment and in part relied on section 768.295, commonly referred to as the Anti-SLAPP (Strategic…entitled to attorney’s fees pursuant to section 768.295(4). Thus, we affirm. Animal Aid operates a …an award of attorney’s fees pursuant to section 768.295(4), Florida Statutes (2018), the Anti-SLAPP statute…4976287, at *4 (S.D. Fla. Feb. 9, 2021) (quoting § 768.295(3), Fla. Stat); WPB Residents for Integrity in

Mindy Lee v. Animal Aid, Inc. and Rhoda Mann

Court: Fla. Dist. Ct. App. | Date Filed: 2024-02-28T00:00:00-08:00

ANNE MCQUEEN v. CAROLE BASKIN

Court: Fla. Dist. Ct. App. | Date Filed: 2023-11-17T00:00:00-08:00

Snippet: amounted to a prohibited SLAPP lawsuit7 under section 768.295, Florida Statutes (2020), and that, as such, she…resolution" of Ms. McQueen's claim. See § 768.295(4). She argued that the statements Ms. McQueen … McQueen's claim was without merit. See § 768.295(3). Furthermore, Ms. Baskin argued that her…complaint was a prohibited SLAPP lawsuit under section 768.295, and (3) the statements complained of "cannot…Constitution. 9 § 768.295(1). It does so by prohibiting any lawsuit

JONATHAN KIERNAN GODWIN v. STEPHEN MICHELINI

Court: Fla. Dist. Ct. App. | Date Filed: 2023-09-06T00:00:00-07:00

Snippet: for summary judgment filed pursuant to section 768.295, Florida Statutes (2021), Florida's Strategic…s precedent addressing the language of section 768.295 and setting forth the analysis to be utilized when

ROBERT STANLEY JOHNSTON vs KIMBERLY FISCHER

Court: Fla. Dist. Ct. App. | Date Filed: 2023-08-25T00:00:00-07:00

Snippet: motion for final judgment pursuant to section 768.295, Florida Statutes (2021) (the “Anti-SLAPP statute…need not decide whether the language of section 768.295 creates immunity from suit.

Gary Pastorella v. David Singer

Court: Fla. Dist. Ct. App. | Date Filed: 2023-08-16T00:00:00-07:00

Snippet: to Florida's Anti-SLAPP statute, section 768.295(4), Fla. Stat. (2022). Upon consideration, we dismiss…nonfinal orders that “deny a motion under section 768.295(4), Florida Statutes.” See In Re: Amendments to

BIROL OZYESILPINAR v. REACH PLC

Court: Fla. Dist. Ct. App. | Date Filed: 2023-05-17T00:53:00-07:00

Snippet: of action for all counts. Pursuant to section 768.295(1), Florida Statutes,4 BET additionally asserted…were 4 Florida’s Anti-SLAPP statute, section 768.295, Strategic Lawsuits Against Public Participation

WILLIAM B. CROSBY, III v. TOWN OF INDIAN RIVER SHORES

Court: Fla. Dist. Ct. App. | Date Filed: 2023-03-29T00:53:00-07:00

Snippet: connection with public issues.” § 768.295(1), Fla. Stat. Section 768.295(3) specifically provides: …statements and activities were barred by section 768.295, Florida Statutes (2021), Florida’s Anti-SLAPP …of Florida. The legislation—codified at section 768.295, Florida Statutes (2021)—is Florida’s Anti-SLAPP…governmental entities of this state . . . . § 768.295(3), Fla. Stat. (emphasis added). In our view…by a governmental entity or another person.” § 768.295(4), Fla. Stat. When the “person or entity” claims

DALE C. HOLNESS and JUSTIN PORTER v. SHEILA CHERFILUS-MCCORMICK

Court: Fla. Dist. Ct. App. | Date Filed: 2023-01-24T23:53:00-08:00

Snippet: judgment under Florida’s Anti-SLAPP statute. § 768.295(4), Fla. Stat. (2022). We dismiss the petition

UNIVISION COMMUNICATIONS INC. v. CARLOS ENRIQUE LUNA LAM

Court: Fla. Dist. Ct. App. | Date Filed: 2022-11-02T00:53:00-07:00

Snippet: the lawsuit falls within the ambit of section 768.295, Florida Statutes (2022), which prohibits Strategic…free speech in connection with public issues.” § 768.295(1), Fla. Stat. Bound by our recent decision in

LUIS MARQUEZ v. MICHELE LAZAROW

Court: Fla. Dist. Ct. App. | Date Filed: 2022-08-31T00:53:00-07:00

Snippet: MILLER, JJ. PER CURIAM. Affirmed. See § 768.295(4), Fla. Stat. (2020) (emphasis added) (“The court

MITCHELL SCOTT NOVICK v. MANGO'S TROPICAL CAFE, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2022-08-31T00:53:00-07:00

Snippet: for business disparagement pursuant to section 768.295, Florida Statutes (2022).1 We dismiss the petition… dismissed, conflict certified. 1 Section 768.295 of the Florida Statutes, titled “Strategic Lawsuits…free speech in connection with public issues.” § 768.295(1), Fla. Stat. (2021).

KEVIN VERICKER v. NORMAN POWELL

Court: Fla. Dist. Ct. App. | Date Filed: 2022-08-10T00:53:00-07:00

Snippet: Petitioner published multiple critical 1 Section 768.295 of the Florida Statutes, titled “Strategic Lawsuits…free speech in connection with public issues.” § 768.295(1), Fla. Stat. (2021). Specifically, the statute…and s. 5, Art. I of the State Constitution.” § 768.295(3), Fla. Stat. (2021). … expeditiously disposed of by the courts. § 768.295, Fla. Stat. (emphasis added).

ANNE GEDDES v. JUPITER ISLAND COMPOUND, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2022-06-29T00:53:00-07:00

Snippet: complaint under Florida’s Anti-SLAPP statute. See § 768.295, Fla. Stat. (2022). We dismiss the petition for

CARLOS ENRIQUE LUNA LAM v. UNIVISION COMMUNICATIONS, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2021-10-13T00:53:00-07:00

Snippet: pursuant to Florida’s Anti-SLAPP Statute, section 768.295, Florida Statutes (2021). Though we agree with …pursuant to Florida’s Anti-SLAPP statute, section 768.295. In its motion, Univision argued that Florida…which depends on the interpretation of section 768.295. We review the trial court’s interpretation of… 2000, the Florida Legislature enacted section 768.295 for the purpose of prohibiting government entities…be expeditiously disposed of by the courts. § 768.295(1), Fla. Stat. (2021). The statute further

WPB RESIDENTS FOR INTEGRITY IN GOVERNMENT, INC. v. SHARON "SHANON" MATERIO

Court: Fla. Dist. Ct. App. | Date Filed: 2019-10-30T00:53:00-07:00

Snippet: brought under section 768.295. The express legislative intent of subsection 768.295(4) is to secure a speedy…protected under Florida’s Anti-SLAPP statute, section 768.295, Florida Statutes (2018). 1 The circuit court denied…and that: 1 According to the title of section 768.295, SLAPP is an acronym for “Strategic Lawsuits Against…free speech in connection with public issues.” § 768.295(1), Fla. Stat. After a hearing, the circuit…. § -5- 768.295(3), Fla. Stat. The Anti-SLAPP statute prohibits

NORMAN GUNDEL v. AV HOMES, INC. AND AVATAR PROPERTIES, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2019-01-31T23:53:00-08:00

Snippet: adhere to the language of sections 720.304 and 768.295, Florida Statutes (2017), and by not dismissing…before their government," citing sections 768.295 and 720.304.3 The Anti-SLAPP statute…and s. 5, Art. I of the State Constitution. § 768.295(3). The Anti-SLAPP statute defines "[f]ree…purposes of this opinion, we will refer to section 768.295 as Florida's Anti-SLAPP statute. Both chapter…report, or other similar work. § 768.295(2)(a). "Governmental entity" is defined