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BILL: CS/SB 1178 Page 32 repair, or maintenance of hurricane protection on common elements and association property are common expenses. SLAPP Defamation Law Suits — Condominiums Present Situation Section 718.1224, F.S., prohibits "strategic lawsuits against public participation" or "SLAPP suits," and provides legislative findings that such lawsuits are against the public interest. A SLAPP lawsuit occurs when association members are sued by individuals, business entities, or governmental entities for matters arising out of a unit owner's appearance and presentation before a governmental entity on matters related to the condominium association. 78 Under s. 718.1224, F.S., governmental entities, business organizations, and individuals are prohibited from filing or causing to be filed any lawsuit, cause of action, claim, cross-claim, or counterclaim against a condominium unit owner without merit and solely because such condominium unit owner has exercised the right to instruct his or her representatives or the right 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. Current law does not specifically prohibit condominium associations from engaging in SLAPP suits, instead the prohibition generally applies to governmental entities, business organizations, and individuals. Section 718.1224, F.S., provides that unit owners have a right to an expeditious resolution of such an action, including the right to petition for a motion to dismiss or for a summary judgment. The court may award the unit owner actual damages for a violation of this prohibition and may also award treble damages. However, the court must state a basis for an award of treble damages. The court is further required to award the prevailing party reasonable attorney's fees and costs. Governmental entities, business organizations, and individuals are barred from expending funds in prosecuting a SLAPP suit against a unit owner. 79 Effect of Proposed Changes The bill amends s. 718.1224, F.S., to revise the SLAPP suits prohibition to protect condominium unit owners' exercise of their free speech rights before their association. The bill specifically prohibits condominium associations from engaging in a SLAPP suit. The bill also amends s. 718.1224, F.S., to prohibit condominium associations from: • Retaliating against a unit owner, such as by increasing a unit's assessments, threatening to bring an action for possession or other civil action, including a defamation, libel, slander, or tortious interference action; and • Spending association funds in support of defamation, libel, or tortious interference actions against a unit owner. 76 See s. 718.1224(1), F.S., providing legislative intent. 79 A similar prohibition against SLAPP suits by homeowners' associations is contained in s. 720.3 04(4), F.S. 342