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HB 4045

Jacksonville Aviation Authority, Consolidated City of Jacksonville, Duval County

2026 Regular Session Introduced by Wyman Duggan

Creates an expedited path to dismiss meritless lawsuits against public expression and shifts fees to deter abuse, protecting free speech in public matters.

Approved by Governor
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Bill Summary · HB 4045

Summary — HB 4045: Uniform Public Expression Protection Act (UPEPA)

Status: Introduced; referred to Judiciary (House) — creates a new act
Primary purpose: Protect persons who speak or participate on matters of public concern from retaliatory lawsuits (SLAPPs) by providing an expedited procedure for early dismissal and fee-shifting.

Intent

The bill establishes as state policy the protection of public participation and expression, and creates an expedited procedure to (1) identify and dismiss meritless suits brought because of protected expression, (2) stay costly litigation while that review occurs, and (3) shift fees and sanctions to deter abusive suits.

Key provisions

  • Eligible causes of action: Applies to civil claims (filed after the act’s effective date) based on:

    • Communications in legislative, executive, judicial, administrative, or other governmental proceedings; or
    • Communications on issues under consideration in such proceedings; or
    • Exercise of First Amendment/state constitutional rights on matters of public concern (speech, press, assembly, petition, association).

  • Exclusions: Not covered if one or more of the following apply, including claims:

    • Brought by or against a governmental unit or its official acting in official capacity;
    • Brought by a government actor to enforce a law protecting public health/safety;
    • Against persons primarily engaged in sale/lease of goods/services when the claim arises from commercial communications;
    • Based on a wide set of listed civil-rights, employment, whistleblower, workers’ compensation, FOIA, and related federal statutes (e.g., Elliott-Larsen Act, Title VII, Title IX, ADEA, ADA, FMLA, FLSA, etc.).

  • Special motion for expedited relief:

    • A defendant (or other party) may file a special motion to dismiss an eligible claim no later than 60 days after service (later if good cause shown).
    • Filing the motion generally stays all proceedings between the moving and responding parties (including discovery), and the stay remains until the motion is resolved and appeal periods expire.
    • Limited discovery may be allowed only if necessary to meet burdens in the motion and the information is not otherwise reasonably available.

  • Timing and process:

    • Court must hear the special motion within 60 days of filing (or within 60 days of a court order allowing limited discovery).
    • Court must rule within 60 days after the hearing.
    • If appealed, proceedings remain stayed during the appeal.

  • Standard for dismissal:

    • Court must dismiss with prejudice if the moving party shows the claim is eligible, the respondent fails to show the claim is ineligible, and either (a) the respondent cannot make a prima facie case on each essential element, or (b) the moving party shows the respondent failed to state a claim or is entitled to judgment as a matter of law.

  • Fees, costs, and sanctions:

    • Court awards costs, reasonable attorney fees, and litigation expenses to the moving party if it prevails.
    • If the responding party prevails and the court finds the special motion was frivolous or filed solely to delay, the court may award fees and expenses to the respondent.
    • Motions for fees/expenses are not subject to the stay.

Who is affected

  • Defendants sued for participation or expression on public matters: gain an accelerated mechanism to dismiss meritless suits and recover fees.
  • Plaintiffs bringing covered claims: face early dismissal risk and potential fee exposure.
  • Courts: required to follow expedited timelines and apply the specified burdens.
  • Certain plaintiffs/claims (civil-rights, employment, FOIA, public safety enforcement, and core commercial-speech-sale disputes) remain outside the Act.

Procedural/timing highlights

  • Motion filing deadline: within 60 days of service (unless good cause).
  • Hearing: within 60 days of filing (or of court’s discovery order).
  • Ruling: within 60 days of hearing.
  • Appeal window (as specified in the bill): appeal as of right (typical 21-day appeal period noted in related drafts).

Other

  • Based on the Uniform Law Commission model (Uniform Public Expression Protection Act).
  • Aims to reduce chilling effect of SLAPP suits while preserving substantive remedies excluded by the statute.

Compiled from official sources — confirm details with the bill’s official record.

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