Anti-SLAPP Motion to Dismiss in Florida
Florida's Anti-SLAPP statute (Section 768.295) provides a fast-track dismissal mechanism for lawsuits filed to suppress constitutionally protected speech and petitioning activity. SLAPP suits, Strategic Lawsuits Against Public Participation, use the cost and burden of litigation to silence critics.
How the Motion Works
A Florida defendant targeted by a SLAPP suit files a motion to dismiss under Section 768.295. The defendant must demonstrate that the lawsuit arises from an act in furtherance of the right to free speech or petition. Once demonstrated, the burden shifts to the plaintiff to establish a reasonable probability of prevailing on the merits. If the plaintiff cannot meet this burden, the court dismisses the case and awards the defendant reasonable attorney's fees and costs.
Protected Activities
Florida's statute protects speech and petitioning in connection with government proceedings at all levels. This includes testimony before legislative committees, complaints filed with regulatory agencies, public comments at zoning hearings, letters to elected officials, and speech on matters of public concern. The protection extends to both individuals and organizations exercising these constitutional rights.
Related Terms
- First Amendment
- Motion to Dismiss
- Abuse of Process
Barnes Walker Litigation
Barnes Walker files and defends Anti-SLAPP motions in Florida courts. Contact our litigation team for free speech defense.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC