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<br /> <br />HB 301 2025 <br /> <br /> <br /> <br />CODING: Words stricken are deletions; words underlined are additions. <br />hb301-00 <br />Page 66 of 80 <br />F L O R I D A H O U S E O F R E P R E S E N T A T I V E S <br /> <br /> <br /> <br /> Section 48. For the purpose of incorporating the amendment 1626 <br />made by this act to section 768.28, Florida Statutes, in a 1627 <br />reference thereto, subsection (4) of section 768.295, Florida 1628 <br />Statutes, is reenacted to read: 1629 <br /> 768.295 Strategic Lawsuits Against Public Participation 1630 <br />(SLAPP) prohibited.— 1631 <br /> (4) A person or entity sued by a governmental entity or 1632 <br />another person in violation of this section has a right to an 1633 <br />expeditious resolution of a claim that the suit is in violation 1634 <br />of this section. A person or entity may move the court for an 1635 <br />order dismissing the action or granting final judgment in favor 1636 <br />of that person or entity. The person or entity may file a motion 1637 <br />for summary judgment, together with supplemental affidavits, 1638 <br />seeking a determination that the claimant's or governmental 1639 <br />entity's lawsuit has been brought in violation of this section. 1640 <br />The claimant or governmental entity shall thereafter file a 1641 <br />response and any supplemental affidavits. As soon as 1642 <br />practicable, the court shall set a hearing on the motion, which 1643 <br />shall be held at the earliest possible time after the filing of 1644 <br />the claimant's or governmental entity's response. The court may 1645 <br />award, subject to the limitations in s. 768.28, the party sued 1646 <br />by a governmental entity actual damages arising from a 1647 <br />governmental entity's violation of this section. The court shall 1648 <br />award the prevailing party reasonable attorney fees and costs 1649 <br />incurred in connection with a claim that an action was filed in 1650