SLAPP is an acronym that stands for “strategic lawsuit against public participation”. A SLAPP suit is one which is designed to punish or intimidate or stifle public discourse or action on an issue by holding up its legality or proponents in court proceedings. Most often SLAPP suits are lawsuits initiated by government entities to prevent individuals from speaking or taking some action. The intent of Florida’s anti-SLAPP statute located at Florida Statute 768.295 is to prevent any individual or local government from bringing a lawsuit “without merit and primarily because such person or entity has exercised the constitutional right of free speech in connection with a public issue” and is designed to award quick dismissals and attorney fees to the victims of these meritless suits. In a novel legal move, the Town of Indian River Shores recently attempted to utilize the Florida anti-SLAPP statute as a defense after they themselves were sued for defamation by a terminated town board member. The novel question at issue for the 4th DCA reviewing the case was whether Florida’s SLAPP statute worked the opposite way around to protect local governments from suits brought by individuals regarding speech made by the government. In March of this year, the 4th DCA answered this question in the negative. “In our view, the legislature was clear. The anti-SLAPP statute protects citizens from lawsuits filed because of their participation in public issues. It is just as clear that the anti-SLAPP statute does not protect a governmental entity from lawsuits filed by its citizens.” The 4th DCA commented that the plain language of 768.295 foreclosed its application to local governments. This decision by the 4th DCA precludes the use of the Florida Anti-SLAPP statute as a defense by local governments. Occasionally conflicts arise between individuals and their local governments and Davis & Associates P.A. is there to assist its municipal clients in resolving these conflicts.
