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





                                                   HOUSE AMENDMENT

                                                   Bill No. HB 135

    Amendment No. 01 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  Representative(s) Fasano and Hart offered the following:

12

13         Amendment (with title amendment) 

14  Remove from the bill:  Everything after the enacting clause

15

16  and insert in lieu thereof:

17         Section 1.  Section 768.29, Florida Statutes, is

18  created to read:

19         768.29  Strategic Lawsuits Against Public Participation

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

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

22  Participation in Government Act."

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

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

25  peacefully assemble, instruct their representatives, and

26  petition for redress of grievances before the various

27  governmental entities of this state as protected by the First

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

29  Section 5 of the State Constitution.  The Legislature

30  recognizes that "Strategic Lawsuits Against Public

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

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    hju0004                     12:43 pm         00135-0045-133371




                                                   HOUSE AMENDMENT

                                                   Bill No. HB 135

    Amendment No. 01 (for drafter's use only)





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

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

 3  policy of this state that government entities not engage in

 4  SLAPP suits because such actions are inconsistent with the

 5  right of individuals to participate in the state's

 6  institutions of government.  Therefore, the Legislature finds

 7  and declares that prohibiting such lawsuits by governmental

 8  entities will preserve this fundamental state policy, preserve

 9  the constitutional rights of Florida citizens, and assure the

10  continuation of representative government in this state.  It

11  is the intent of the Legislature that such lawsuits be

12  expeditiously disposed of by the courts.

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

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

15  legislative, and the judicial branches of government and the

16  independent establishments of the state, counties,

17  municipalities, corporations primarily acting as

18  instrumentalities of the state, counties, or municipalities,

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

20  thereof.

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

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

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

24  against a person or entity without merit and solely because

25  such person or entity has exercised the right to peacefully

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

27  to 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.

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

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 135

    Amendment No. 01 (for drafter's use only)





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

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

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

 4  order dismissing the action or granting final judgment in

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

 6  motion for summary judgment, together with supplemental

 7  affidavits, seeking a determination that the governmental

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

 9  section.  The governmental entity shall thereafter file its

10  response and any supplemental affidavits.  As soon as

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

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

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

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

15  party sued by a governmental entity actual damages arising

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

17  court shall award the prevailing party reasonable attorney's

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

19  action was filed in violation of this section.

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

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

22  governmental entity shall report such finding and provide a

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

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

25  shall report any violation of this section by a governmental

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

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

28  report shall be provided to the affected governmental entity.

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

30  law.

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    File original & 9 copies    04/11/00
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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 135

    Amendment No. 01 (for drafter's use only)





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

 2  And the title is amended as follows:

 3         On page 1, lines 4-8,

 4  remove from the title of the bill:  all of said lines

 5

 6  and insert in lieu thereof:

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

 8         intent; defining terms; prohibiting SLAPP

 9         lawsuits by governmental entities because

10         persons or entities exercise certain

11         constitutional rights; providing procedures for

12         expediting resolution of motions regarding

13         SLAPP suits; authorizing court to award actual

14         damages, including costs and attorney's fees;

15         requiring reporting of SLAPP suits to Attorney

16         General and reporting of violations to certain

17         state officers; providing an

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    File original & 9 copies    04/11/00
    hju0004                     12:43 pm         00135-0045-133371