CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS for SB 306
Amendment No. 1
CHAMBER ACTION
Senate House
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11 The Committee on Governmental Oversight and Productivity
12 recommended the following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Section 768.29, Florida Statutes, is
19 created to read:
20 768.29 Strategic Lawsuits Against Public Participation
21 (SLAPP) suits by governmental entities prohibited.--
22 (1) This section may be cited as the "Citizen
23 Participation in Government Act."
24 (2) It is the intent of the Legislature to protect the
25 right of Florida's citizens to exercise their rights to
26 peacefully assemble, instruct their representatives, and
27 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. The Legislature
31 recognizes that "Strategic Lawsuits Against Public
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SENATE AMENDMENT
Bill No. CS for SB 306
Amendment No. 1
1 Participation" or "SLAPP" suits, as they are typically called,
2 have increased over the last 30 years and are mostly filed by
3 private industry and individuals. However, it is the public
4 policy of this state that government entities not engage in
5 SLAPP suits because such actions are inconsistent with the
6 right of individuals to participate in the state's
7 institutions of government. Therefore, the Legislature finds
8 and declares that prohibiting such lawsuits by governmental
9 entities will preserve this fundamental state policy, preserve
10 the constitutional rights of Florida citizens, and assure the
11 continuation of representative government in this state. It
12 is the intent of the Legislature that such lawsuits be
13 expeditiously disposed of by the courts.
14 (3) As used in this section, "governmental entity" or
15 "government entity" means the state, including the executive,
16 legislative, and the judicial branches of government and the
17 independent establishments of the state, counties,
18 municipalities, corporations primarily acting as
19 instrumentalities of the state, counties, or municipalities,
20 districts, authorities, boards, commissions, or any agencies
21 thereof.
22 (4) No governmental entity in this state shall file or
23 cause to be filed, through its employees or agents, any
24 lawsuit, cause of action, claim, cross-claim, or counterclaim
25 against a person or entity without merit and solely because
26 such person or entity has exercised the right to peacefully
27 assemble, the right to instruct representatives, and the right
28 to petition for redress of grievances before the various
29 governmental entities of this state, as protected by the First
30 Amendment to the United States Constitution and Art. I,
31 section 5 of the State Constitution.
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SENATE AMENDMENT
Bill No. CS for SB 306
Amendment No. 1
1 (5) A person or entity sued by a governmental entity
2 in violation of this section has a right to an expeditious
3 resolution of a claim that the suit is in violation of this
4 section. A person or entity may petition the court for an
5 order dismissing the action or granting final judgment in
6 favor of that person or entity. The petitioner may file a
7 motion for summary judgment, together with supplemental
8 affidavits, seeking a determination that the governmental
9 entity's lawsuit has been brought in violation of this
10 section. The governmental entity shall thereafter file its
11 response and any supplemental affidavits. As soon as
12 practicable, the court shall set a hearing on the petitioner's
13 motion, which shall be held at the earliest possible time
14 after the filing of the governmental entity's response. The
15 court may award, subject to the limitations in s. 768.28, the
16 party sued by a governmental entity actual damages arising
17 from the governmental entity's violation of this act. The
18 court shall award the prevailing party reasonable attorney's
19 fees and costs incurred in connection with a claim that an
20 action was filed in violation of this section.
21 (6) In any case filed by a governmental entity which
22 is found by a court to be in violation of this section, the
23 governmental entity shall report such finding and provide a
24 copy of the court's order to the Attorney General no later
25 than 30 days after such order is final. The Attorney General
26 shall report any violation of this section by a governmental
27 entity to the Cabinet, and the President of the Senate, and
28 the Speaker of the House of Representatives. A copy of such
29 report shall be provided to the affected governmental entity.
30 Section 2. This act shall take effect upon becoming a
31 law.
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SENATE AMENDMENT
Bill No. CS for SB 306
Amendment No. 1
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 Delete everything before the enacting clause
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5 and insert:
6 A bill to be entitled
7 An act relating to government; creating the
8 "Citizen Participation in Government Act";
9 creating s. 768.29, F.S.; providing legislative
10 intent; defining terms; prohibiting SLAPP
11 lawsuits by governmental entities because
12 persons or entities exercise certain
13 constitutional rights; providing procedures for
14 expediting resolution of motions regarding
15 SLAPP suits; authorizing court to award actual
16 damages, including costs and attorney's fees;
17 requiring reporting of SLAPP suits to Attorney
18 General and reporting of violations to certain
19 state officers; providing an effective date.
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21 WHEREAS, the framers of our constitutions, recognizing
22 citizen participation in government as an inalienable right
23 essential to the survival of democracy, secured its protection
24 through the right to petition the government for redress of
25 grievances in the First Amendment to the United States
26 Constitution and s. 5, Art. I of the State Constitution, and
27 WHEREAS, the communications, information, opinions,
28 reports, testimony, claims, and arguments provided by citizens
29 to their government are essential to wise government decisions
30 and public policy in protecting the public health, safety, and
31 welfare, in providing effective law enforcement, and in
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SENATE AMENDMENT
Bill No. CS for SB 306
Amendment No. 1
1 ensuring the efficient operation of government programs, and
2 are essential to the credibility and trust afforded government
3 and the preservation of our republican form of government
4 through representative democracy, and
5 WHEREAS, civil lawsuits and counterclaims, often
6 involving millions of dollars, have been and are being filed
7 against countless citizens, businesses, and organizations
8 because of their valid exercise of their right to petition,
9 including seeking relief, influencing action, informing,
10 communicating, and otherwise participating with government
11 bodies, officials, or employees or the electorate, and
12 WHEREAS, such lawsuits, called "Strategic Lawsuits
13 Against Public Participation" or "SLAPPs," are typically
14 dismissed as unconstitutional, but often not before the
15 defendants are put to great expense, harassment, and
16 interruption of their duties, and
17 WHEREAS, the number of such lawsuits has increased
18 significantly over the past 30 years, and
19 WHEREAS, these lawsuits are an abuse of the judicial
20 process and are used to censor, intimidate, or punish
21 citizens, businesses, and organizations for involving
22 themselves in public affairs, and
23 WHEREAS, controlling these lawsuits will make a major
24 contribution to lawsuit reform, and
25 WHEREAS, the threat of financial liability, litigation
26 costs, destruction of one's business, loss of one's home, and
27 other personal losses from groundless lawsuits seriously
28 affects government, commerce, and individual rights by
29 significantly diminishing public participation in government,
30 in public discourse, and in voluntary public service, and
31 WHEREAS, while courts have recognized the harm from
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SENATE AMENDMENT
Bill No. CS for SB 306
Amendment No. 1
1 such lawsuits and have discouraged them, protection of these
2 fundamental rights has been inadequate, and
3 WHEREAS, while some citizen communications to
4 government inevitably will be false or unsound or made out of
5 self-interest or in bad faith, it is essential in our
6 democracy that the constitutional rights of citizens to
7 participate fully in the process of government be uniformly,
8 consistently, and comprehensively protected and encouraged,
9 NOW, THEREFORE,
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