[Updated May 27, 2009]
Statutes
Florida Statutes Sec. 718.1224 (Prohibition Against SLAPP Suits)
This statute prohibits a governmental entity, business organization, or individual from filing certain lawsuits made upon specified bases against a condominium unit owner; provides rights of a unit owner who has been served with such a lawsuit; provides procedures for the resolution of claims that such suit violates certain provisions of state law; provides for the award of damages and attorney's fees; and prohibits associations from expending association funds in prosecuting such a suit against a unit owner.
Legislative History:
Section 718.1224 was created by enactment of HB 995, a much broader bill relating to community and condominium associations. The bill was not introduced by any individual legislator, but was sponsored by the House Safety and Security Council. The law was enacted April 25, 2008, signed by the governor May 1, and became effective October 1.
Florida Statutes Sec. 720.304(4) (Right of owners to peaceably assemble; display of flag; SLAPP suits prohibited)
The statute (SB 1184) provides penalties for SLAPPs against parcel owners in a homes association.
Legislative History:
This provision was recommended by the Homeowners Association Task Force, established by the governor in 2003. It was added as Sec. 19 to SB 1184, introduced Dec. 11, 2003, by Sen. Walter Campbell (D-Broward Co.), passed the Senate and House on April 30, 2004, was signed by the governor June 23, and became effective October 1.
Florida Statutes Sec. 768.295 (Citizens Participation in Government Act)
This statute is a weak version of an anti-SLAPP law.
Legislative History:
In 1999 an anti-SLAPP bill, HB 135, was introduced in the House (see House Committee on Judiciary Analysis of HB 135). A companion bill was introduced in the Senate (S. 306). These bills were virtually identical to bills introduced in 1998 (SB 272 and HB 3549). HB 135 was completely rewritten in the House; all the procedural safeguards thought necessary for an effective anti-SLAPP statute were eliminated, and protection was limited to defendants sued by a government agency. The amended HB 135 was substituted for S. 306 in the Senate, where it passed unanimously on April 19, 2000. The amended HB 135 also passed unanimously in the House on April 28 and was signed into law by the governor on June 2, 2000.
Cases
Florida Fern Growers Assoc. v. Concerned Cititzens of Putnam Co.
(1993) Court of Appeal 5th District
Plaintiffs sued a citizens organization, alleging that citizens intentionally and maliciously interefered with the association's advantageous business relations when they filed petitions with the local water management district challenging water permits for association members. The court reviewed the Noerr-Pennington doctrine then rejected the doctrine as precedent. Instead, the court relied on the the Florida Supreme Court's 1992 decision in Londono v. Turkey Creek, Inc. (see below).
Londono v. Turkey Creek, Inc.
(1992) Florida Supreme Court
The court declined to adopt the "sham" test set out in Sierra Club v. Butz (N.D.Cal. 1972) 349 F.Supp. 934, for imposing liability for defamation in the exercise of the right of petition. The court concludes that "the current law in Florida already provides protection for the First Amendment right to petition the government." The court reiterated the rule established in Nodar v. Galbreath (Fla. 1984) 462 So.2d 803: "One who publishes defamatory matter concerning another is not liable for the publication if (a) the matter is published upon an occasion that makes it conditionally privileged and (b) the privilege is not abused."
Resources
Ericson-Siegel, Laura J. "Silencing SLAPPs: An Examination of Proposed Legislative Remedies and A 'Solution' for Florida," 20 Florida State University Law Review 487 (1992).
Return to Other States: Statutes and Cases