Category: FL-Specific Laws · Statute: F.S. 768.295 · Source: Florida Legislature
Understanding Anti-SLAPP Statute in Florida
Florida's Anti-SLAPP (Strategic Lawsuits Against Public Participation) statute, codified under Section 768.295 of the Florida Statutes, is a powerful legal shield designed to protect individuals, businesses, and association members from meritless lawsuits aimed at silencing their right to free speech. These retaliatory lawsuits are typically filed by powerful entities not to win, but to burden the defendant with exorbitant legal fees and force them into silence. The Florida statute strictly prohibits governmental entities, individuals, or business corporations from filing lawsuits, causes of action, or claims against persons for exercising their constitutional right to free speech in connection with a public issue or when petitioning the government for redress of grievances.
Under the statute, a defendant targeted by a SLAPP suit can file a motion to dismiss or a motion for summary judgment early in the litigation process. The law requires Florida courts to expedite these motions to prevent the defendant from enduring prolonged, costly discovery. Crucially, if the court rules that the lawsuit violates the Anti-SLAPP statute, it must dismiss the action and award the prevailing defendant reasonable attorney fees and court costs. This fee-shifting provision is a critical deterrent, ensuring that the exercise of free speech on matters of public concern—such as speaking at a city council meeting, posting a public review, or reporting community issues—is not chilled by the threat of expensive litigation.
The Anti-SLAPP Statute and Florida Bail
While Section 768.295 is a civil statute, it can indirectly intersect with the Florida bail and pretrial release system when civil disputes spill over into criminal allegations. For instance, if a powerful entity attempts to silence a critic by fabricating or exaggerating claims of criminal harassment, stalking, or trespass, the accused may face arrest and require a bail bond for pretrial release. Once the criminal allegations are resolved or dismissed, the accused may leverage Florida's Anti-SLAPP statute in subsequent civil malicious prosecution or abuse of process lawsuits, ensuring that retaliatory legal maneuvers—whether utilizing the criminal justice system or civil courts—are met with swift statutory penalties and fee recovery.