| 1 | Representative Kottkamp offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove lines 734-799 and insert: |
| 5 | right of parcel owners to exercise their rights as protected by |
| 6 | the First Amendment to the United States Constitution and s. 5, |
| 7 | Art. I of the State Constitution. The Legislature recognizes |
| 8 | that strategic lawsuits against public participation, or "SLAPP" |
| 9 | suits as they are typically called, have occurred when members |
| 10 | of a homeowners' association are sued by individuals or business |
| 11 | organizations arising out of a parcel owner's appearance and |
| 12 | presentation before a governmental entity on matters related to |
| 13 | the homeowners' association. However, it is the public policy of |
| 14 | this state that business organizations and individuals not |
| 15 | engage in SLAPP suits because such actions are inconsistent with |
| 16 | the right of parcel owners to participate in the state's |
| 17 | institutions of government. Therefore, the Legislature finds and |
| 18 | declares that prohibiting such lawsuits by business |
| 19 | organizations and individuals against parcel owners who address |
| 20 | matters concerning their homeowners' association will preserve |
| 21 | this fundamental state policy, preserve the constitutional |
| 22 | rights of parcel owners, and ensure the continuation of |
| 23 | representative government in this state. It is the intent of the |
| 24 | Legislature that such lawsuits be expeditiously disposed of by |
| 25 | the courts. |
| 26 | (a) A business organization or individual in this state |
| 27 | may not file or cause to be filed, through its employees or |
| 28 | agents, any lawsuit, cause of action, claim, cross-claim, or |
| 29 | counterclaim against a parcel owner without merit and solely |
| 30 | because such parcel owner has exercised the right to instruct |
| 31 | his or her representatives or the right to petition for redress |
| 32 | of grievances before the various governmental entities of this |
| 33 | state, as protected by the First Amendment to the United States |
| 34 | Constitution and s. 5, Art. I of the State Constitution. |
| 35 | (b) A parcel owner sued by a business organization or |
| 36 | individual in violation of this section has a right to an |
| 37 | expeditious resolution of a claim that the suit is in violation |
| 38 | of this section. A parcel owner may petition the court for an |
| 39 | order dismissing the action or granting final judgment in favor |
| 40 | of that parcel owner. The petitioner may file a motion for |
| 41 | summary judgment, together with supplemental affidavits, seeking |
| 42 | a determination that the business organization's or individual's |
| 43 | lawsuit has been brought in violation of this section. The |
| 44 | business organization or individual shall thereafter file its |
| 45 | response and any supplemental affidavits. As soon as |
| 46 | practicable, the court shall set a hearing on the petitioner's |
| 47 | motion, which shall be held at the earliest possible time after |
| 48 | the filing of the business organization's or individual's |
| 49 | response. The court may award the parcel owner sued by the |
| 50 | business organization or individual actual damages arising from |
| 51 | the business organization's or individual's violation of this |
| 52 | section. A court may treble the damages awarded to a prevailing |
| 53 | parcel owner and shall state the basis for the treble damages |
| 54 | award in its judgment. The court shall award the prevailing |
| 55 | party reasonable attorney's fees and costs incurred in |
| 56 | connection with a claim that an action was filed in violation of |
| 57 | this section. |
| 58 | (c) Homeowners' associations may not expend association |
| 59 |
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| 60 | ================ T I T L E A M E N D M E N T ============= |
| 61 | Remove line 28 and insert: |
| 62 | governmental entity; authorizing |