Understanding Florida’s Anti-SLAPP Law: Protecting Free Speech in St. Augustine and Beyond
What Is a SLAPP Lawsuit?
A Strategic Lawsuit Against Public Participation (SLAPP) is a lawsuit filed not to win on the merits, but to intimidate or silence critics by burdening them with the cost of litigation. These lawsuits often target individuals, small businesses, journalists, community activists, and even neighbors who speak out on matters of public concern.
Although we are land development attorneys, we believe every citizen has a right to voice their opinion.
We have won SLAPP lawsuits for citizens opposing development.
SLAPP lawsuits can be devastating, both financially and emotionally. Even if the claims have little legal merit, the goal is to create enough stress, delay, and expense that the defendant chooses silence over free speech.
Florida’s Anti-SLAPP Statute
Recognizing the danger of these abusive tactics, the Florida Legislature enacted the Anti-SLAPP statute to protect individuals and organizations from being punished for exercising their First Amendment rights. Under the law, defendants in certain cases can:
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File a motion to dismiss or strike the claims.
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Recover attorneys’ fees and costs if the lawsuit is found to be retaliatory or meritless.
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Protect their right to speak, publish, or petition without fear of financial ruin.
Florida’s statute is narrower than those in some other states, but it remains an important tool for anyone unfairly targeted.
Common Situations Where Anti-SLAPP Protections Apply
Anti-SLAPP defenses often arise in everyday disputes. Some of the most common include:
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Online Reviews & Consumer Speech – Businesses sometimes sue customers over negative online reviews, alleging defamation or interference. Anti-SLAPP protections can apply when the review is an expression of opinion or addresses matters of public concern.
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Homeowners Association & Community Disputes – Speaking out at an HOA or city commission meeting about zoning, construction, or neighborhood issues may trigger lawsuits intended to silence residents.
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Media & Public Commentary – Journalists, bloggers, and citizens who publish commentary on political or social issues may face defamation suits that qualify as SLAPP actions.
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Petitions to Government – Filing a complaint, testifying at a hearing, or otherwise petitioning the government is protected activity that cannot be chilled by litigation.
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Public Comment at Planning and Zoning Agency or County Commission Meetings
Why SLAPP Lawsuits Are Dangerous
The true harm of a SLAPP lawsuit lies not in the outcome, but in the process itself. Plaintiffs often know they cannot win but count on:
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High legal fees to pressure defendants into silence.
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Long delays in litigation to exhaust time and resources.
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Fear of liability to discourage future participation in civic or public debates.
Without Anti-SLAPP protections, many individuals would simply back down rather than risk financial ruin.
How Florida Courts Handle Anti-SLAPP Cases
When a defendant raises the Anti-SLAPP statute, the court reviews whether the lawsuit is based on the defendant’s protected exercise of free speech or petition rights. If so, the court can dismiss the claim early in the process.
Importantly, Florida law allows defendants who prevail to recover attorneys’ fees and costs — a strong deterrent against frivolous claims. This shifts the burden back to the plaintiff and ensures that those who abuse the courts to silence others face consequences.
The Role of an Experienced Anti-SLAPP Attorney
Successfully defending against a SLAPP lawsuit requires swift, strategic action. An experienced Anti-SLAPP attorney will:
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Evaluate whether the claims fall within Florida’s statute.
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File motions to dismiss or strike as early as possible to avoid unnecessary discovery costs.
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Argue for the recovery of attorneys’ fees and costs.
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Defend the client’s reputation while protecting constitutional rights.
At St. Johns Law Group, our litigation team brings decades of courtroom experience in complex disputes. We understand how to leverage the Anti-SLAPP statute to stop abusive lawsuits and protect clients from intimidation tactics.
Why St. Johns Law Group?
As St. Augustine’s largest full-service law firm, St. Johns Law Group offers more than just litigation strength. Our attorneys bring local knowledge, trial experience, and collaborative resources across multiple practice areas, including:
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Civil and commercial litigation
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Real estate and construction disputes
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Business and corporate law
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Personal injury and defamation claims
This broad base allows us to address Anti-SLAPP issues from every angle, whether they arise in a business, neighborhood, or media context.
Practical Steps If You’re Facing a Potential SLAPP Lawsuit
If you suspect that a lawsuit filed against you is really an attempt to silence your voice, here are steps you should take:
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Consult with an attorney immediately. Timing is critical in raising Anti-SLAPP defenses.
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Preserve communications and evidence. Save all emails, posts, meeting transcripts, and other records.
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Avoid direct retaliation. Let your attorney handle communications and filings.
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Stay informed about your rights. Florida’s Anti-SLAPP statute is designed to protect you — but it must be invoked properly.
Areas We Serve
Our attorneys represent clients across Northeast Florida, including:
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St. Augustine
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St. Augustine Beach
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Ponte Vedra Beach
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Palm Coast
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Flagler County
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Nocatee
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Jacksonville & Duval County
Conclusion
SLAPP lawsuits are an attack on free speech and civic participation. Florida’s Anti-SLAPP statute exists to level the playing field and protect those who speak out on issues that matter.
At St. Johns Law Group, our attorneys stand ready to defend individuals, businesses, and organizations targeted by abusive litigation. If you’re facing a SLAPP lawsuit, don’t wait — take action to protect your rights.
📞 Call us today at 904-495-0400 or visit www.sjlawgroup.com to schedule a consultation.
Learn More: St. Johns Law Group Anti-SLAPP Webpage
Florida Anti-SLAPP Lawsuit FAQs
1. What does Anti-SLAPP mean in Florida?
Anti-SLAPP stands for Strategic Lawsuit Against Public Participation. Florida’s Anti-SLAPP statute protects individuals and businesses from lawsuits intended to silence or punish them for exercising their free speech, petition, or participation rights on matters of public concern.
2. What types of cases qualify under Florida’s Anti-SLAPP law?
Anti-SLAPP protections often apply to:
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Online reviews and consumer complaints.
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Speaking out at HOA or government meetings.
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Publishing commentary in news, blogs, or social media.
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Filing petitions or complaints with government agencies.
3. What happens if I win an Anti-SLAPP motion?
If the court agrees a lawsuit violates Florida’s Anti-SLAPP statute, it can dismiss the case early and may order the plaintiff to pay your attorneys’ fees and costs. This shifts the financial burden back to the party that filed the abusive lawsuit.
4. Can businesses use Florida’s Anti-SLAPP protections?
Yes. Both individuals and businesses are protected if they are sued for exercising their rights to free speech or petition on issues of public concern.
5. How quickly should I act if I’ve been served with a SLAPP lawsuit?
It’s critical to act immediately. Anti-SLAPP motions must be filed early in the litigation process to be effective. Delay can mean losing important protections under the statute.
6. Does Florida’s Anti-SLAPP law apply in federal court?
There is ongoing debate about how Florida’s Anti-SLAPP statute applies in federal cases. Because this area is complex, having an experienced Anti-SLAPP attorney is essential to ensure your rights are fully protected.
7. How can St. Johns Law Group help with Anti-SLAPP defense?
Our attorneys bring extensive litigation experience and local insight. We move quickly to file Anti-SLAPP motions, defend First Amendment rights, and seek recovery of attorneys’ fees. As the largest law firm in St. Augustine, we have the resources to stand up to abusive litigation.