What Is a SLAPP Lawsuit in Florida?

The law applies to persons and to governmental entities. Neither may file, or cause to be filed through employees or agents, any lawsuit, cause of action, claim, cross claim or counterclaim of this kind.

Free speech in connection with public issues has a defined meaning. It covers a written or oral statement that is protected under applicable law and is made before a governmental entity in connection with an issue under its consideration or review, 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.

The person sued may move for an order dismissing the action or granting final judgment, and may file a motion for summary judgment with supplemental affidavits seeking a ruling that the suit violates the law. The claimant then files a response, and the court sets a hearing at the earliest possible time after that response.

The court must award the prevailing party reasonable attorney fees and costs incurred on the claim that the action violated the law. When a governmental entity brings the suit, the court may also award the person sued actual damages, subject to the limits on claims against the state, and the entity must report a violation finding to the Attorney General within 30 days after the order is final. General fee rules are covered in attorney fee recovery in Florida lawsuits.