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Florida Statute 768.295 - Full Text and Legal Analysis
Florida Statute 768.295 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
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The 2024 Florida Statutes (including 2025 Special Session C)

Title XLV
TORTS
Chapter 768
NEGLIGENCE
View Entire Chapter
F.S. 768.295
768.295 Strategic Lawsuits Against Public Participation (SLAPP) prohibited.
(1) It is the intent of the Legislature to protect the right in Florida to exercise the rights of free speech in connection with public issues, and the rights to peacefully assemble, instruct representatives, and petition for redress of grievances before the various governmental entities of this state as protected by the First Amendment to the United States Constitution and s. 5, Art. I of the State Constitution. It is the public policy of this state that a person or governmental entity not engage in SLAPP suits because such actions are inconsistent with the right of persons to exercise such constitutional rights of free speech in connection with public issues. Therefore, the Legislature finds and declares that prohibiting such lawsuits as herein described will preserve this fundamental state policy, preserve the constitutional rights of persons in Florida, and assure the continuation of representative government in this state. It is the intent of the Legislature that such lawsuits be expeditiously disposed of by the courts.
(2) As used in this section, the phrase or term:
(a) “Free speech in connection with public issues” means any written or oral statement that is protected under applicable law and is made before a governmental entity in connection with an issue under consideration or review by a governmental entity, or is made in or in connection with a play, movie, television program, radio broadcast, audiovisual work, book, magazine article, musical work, news report, or other similar work.
(b) “Governmental entity” or “government entity” means the state, including the executive, legislative, and the judicial branches of government and the independent establishments of the state, counties, municipalities, corporations primarily acting as instrumentalities of the state, counties, or municipalities, districts, authorities, boards, commissions, or any agencies thereof.
(3) A person or governmental entity in this state may not file or cause to be filed, through its employees or agents, any lawsuit, cause of action, claim, cross-claim, or counterclaim against another person or entity without merit and primarily because such person or entity has exercised the constitutional right of free speech in connection with a public issue, or right to peacefully assemble, to instruct representatives of government, or to petition for redress of grievances before the various governmental entities of this state, as protected by the First Amendment to the United States Constitution and s. 5, Art. I of the State Constitution.
(4) A person or entity sued by a governmental entity or another person in violation of this section has a right to an expeditious resolution of a claim that the suit is in violation of this section. A person or entity may move the court for an order dismissing the action or granting final judgment in favor of that person or entity. The person or entity may file a motion for summary judgment, together with supplemental affidavits, seeking a determination that the claimant’s or governmental entity’s lawsuit has been brought in violation of this section. The claimant or governmental entity shall thereafter file a response and any supplemental affidavits. As soon as practicable, the court shall set a hearing on the motion, which shall be held at the earliest possible time after the filing of the claimant’s or governmental entity’s response. The court may award, subject to the limitations in s. 768.28, the party sued by a governmental entity actual damages arising from a governmental entity’s violation of this section. The court shall award the prevailing party reasonable attorney fees and costs incurred in connection with a claim that an action was filed in violation of this section.
(5) In any case filed by a governmental entity which is found by a court to be in violation of this section, the governmental entity shall report such finding and provide a copy of the court’s order to the Attorney General no later than 30 days after such order is final. The Attorney General shall report any violation of this section by a governmental entity to the Cabinet, the President of the Senate, and the Speaker of the House of Representatives. A copy of such report shall be provided to the affected governmental entity.
History.s. 1, ch. 2000-174; s. 1, ch. 2015-70.

F.S. 768.295 on Google Scholar

F.S. 768.295 on CourtListener

Amendments to 768.295


Annotations, Discussions, Cases:

Cases Citing Statute 768.295

Total Results: 24

NORMAN GUNDEL v. AV HOMES, INC. AND AVATAR PROPERTIES, INC.

264 So. 3d 304

District Court of Appeal of Florida | Filed: Feb 1, 2019 | Docket: 14530833

Cited 24 times | Published

and s. 5, Art. I of the State Constitution. § 768.295(3). The Anti-SLAPP statute defines "[f]ree

Thompson v. Florida Bar

526 F. Supp. 2d 1264, 2007 WL 4276416

District Court, S.D. Florida | Filed: Nov 21, 2007 | Docket: 808113

Cited 5 times | Published

violated Florida's anti-SLAPP statute, Fla. Stat. § 768.295. See generally Thompson v. Rogers, Case No. 06-22477-Civ-Huck

Berisha v. Lawson

378 F. Supp. 3d 1145

District Court, S.D. Florida | Filed: Dec 21, 2018 | Docket: 64324270

Cited 4 times | Published

Defendants have also filed a motion pursuant to Section 768.295 of the Florida Statutes ("the SLAPP Statute")

Incarcerated Entertainment, LLC v. Warner Bros. Pictures

261 F. Supp. 3d 1220

District Court, M.D. Florida | Filed: May 10, 2017 | Docket: 64314811

Cited 2 times | Published

Against Public Participation) statute, Fla. Stat. § 768.295. (Dkt. 89 at 24-25) As a result, Warner contends

Godwin v. Michelini

District Court of Appeal of Florida | Filed: Aug 20, 2025 | Docket: 71154564

Published

violated Florida's Anti-SLAPP statute, section 768.295, Florida Statutes (2021). The trial court denied

Kevin Vericker v. Norman Christopher Powell

Supreme Court of Florida | Filed: Mar 27, 2025 | Docket: 69800824

Published

“Strategic Lawsuits Against Public Participation.” § 768.295, Fla. Stat. (2024). Recognizing the harms caused

Mishiyev v. Davis, Beasley Media Group, LLC

District Court of Appeal of Florida | Filed: Jan 31, 2025 | Docket: 69596386

Published

pursuant to Florida's Anti-SLAPP2 statute, see § 768.295, Fla. Stat. (2020), as barred by the statute of

Flynn v. Wilson

District Court of Appeal of Florida | Filed: Dec 11, 2024 | Docket: 69455319

Published

Florida's "anti-SLAPP statute," section 768.295, Florida Statutes (2023). As noted, he argued

Mindy Lee v. Animal Aid, Inc. and Rhoda Mann

District Court of Appeal of Florida | Filed: Jun 12, 2024 | Docket: 68290563

Published

for summary judgment and in part relied on section 768.295, commonly referred to as the Anti-SLAPP (Strategic

Mindy Lee v. Animal Aid, Inc. and Rhoda Mann

District Court of Appeal of Florida | Filed: Feb 28, 2024 | Docket: 68290563

Published

for summary judgment and in part relied on section 768.295, commonly referred to as the Anti-SLAPP (Strategic

ANNE MCQUEEN v. CAROLE BASKIN

District Court of Appeal of Florida | Filed: Nov 17, 2023 | Docket: 68015778

Published

amounted to a prohibited SLAPP lawsuit7 under section 768.295, Florida Statutes (2020), and that, as such

JONATHAN KIERNAN GODWIN v. STEPHEN MICHELINI

District Court of Appeal of Florida | Filed: Sep 6, 2023 | Docket: 67764752

Published

or for summary judgment filed pursuant to section 768.295, Florida Statutes (2021), Florida's Strategic

ROBERT STANLEY JOHNSTON vs KIMBERLY FISCHER

District Court of Appeal of Florida | Filed: Aug 25, 2023 | Docket: 68034294

Published

his motion for final judgment pursuant to section 768.295, Florida Statutes (2021) (the “Anti-SLAPP statute”)

Gary Pastorella v. David Singer

District Court of Appeal of Florida | Filed: Aug 16, 2023 | Docket: 67696341

Published

pursuant to Florida's Anti-SLAPP statute, section 768.295(4), Fla. Stat. (2022). Upon consideration

BIROL OZYESILPINAR v. REACH PLC

District Court of Appeal of Florida | Filed: May 17, 2023 | Docket: 66639442

Published

cause of action for all counts. Pursuant to section 768.295(1), Florida Statutes,4 BET additionally asserted

WILLIAM B. CROSBY, III v. TOWN OF INDIAN RIVER SHORES

District Court of Appeal of Florida | Filed: Mar 29, 2023 | Docket: 65635495

Published

alleged statements and activities were barred by section 768.295, Florida Statutes (2021), Florida’s Anti-SLAPP

DALE C. HOLNESS and JUSTIN PORTER v. SHEILA CHERFILUS-MCCORMICK

District Court of Appeal of Florida | Filed: Jan 25, 2023 | Docket: 66757262

Published

judgment under Florida’s Anti-SLAPP statute. § 768.295(4), Fla. Stat. (2022). We dismiss the petition

UNIVISION COMMUNICATIONS INC. v. CARLOS ENRIQUE LUNA LAM

District Court of Appeal of Florida | Filed: Nov 2, 2022 | Docket: 65654666

Published

contention the lawsuit falls within the ambit of section 768.295, Florida Statutes (2022), which prohibits Strategic

MITCHELL SCOTT NOVICK v. MANGO'S TROPICAL CAFE, LLC

District Court of Appeal of Florida | Filed: Aug 31, 2022 | Docket: 64937030

Published

counterclaim for business disparagement pursuant to section 768.295, Florida Statutes (2022).1 We dismiss the

LUIS MARQUEZ v. MICHELE LAZAROW

District Court of Appeal of Florida | Filed: Aug 31, 2022 | Docket: 64938205

Published

MILLER, JJ. PER CURIAM. Affirmed. See § 768.295(4), Fla. Stat. (2020) (emphasis added) (“The

KEVIN VERICKER v. NORMAN POWELL

District Court of Appeal of Florida | Filed: Aug 10, 2022 | Docket: 64881535

Published

Petitioner published multiple critical 1 Section 768.295 of the Florida Statutes, titled “Strategic

ANNE GEDDES v. JUPITER ISLAND COMPOUND, LLC

District Court of Appeal of Florida | Filed: Jun 29, 2022 | Docket: 63556664

Published

complaint under Florida’s Anti-SLAPP statute. See § 768.295, Fla. Stat. (2022). We dismiss the petition for

CARLOS ENRIQUE LUNA LAM v. UNIVISION COMMUNICATIONS, INC.

District Court of Appeal of Florida | Filed: Oct 13, 2021 | Docket: 60642696

Published

pursuant to Florida’s Anti-SLAPP Statute, section 768.295, Florida Statutes (2021). Though we agree

WPB RESIDENTS FOR INTEGRITY IN GOVERNMENT, INC. v. SHARON "SHANON" MATERIO

District Court of Appeal of Florida | Filed: Oct 30, 2019 | Docket: 16400363

Published

protected under Florida’s Anti-SLAPP statute, section 768.295, Florida Statutes (2018). 1 The circuit court