LEGAL COMMITTEE INITIATIVES
2000

 
STRATEGIC LAWSUITS AGAINST PUBLIC PARTICIPATION

WHEREAS, civil lawsuits and counterclaims, often involving millions of dollars, have been and are being filed
                    against countless citizens, businesses, and organizations because of their valid exercise of their right
                    to petition, including seeking relief, influencing action, informing, communicating, and otherwise
                    participate, and 

WHEREAS, such lawsuits, called “Strategic Lawsuits Against Public Participation” or “SLAPPs,” are typically
                    dismissed as unconstitutional, but often not before the defendants are put to great expense,
                    harassment, and interruption of their duties, and

WHEREAS, these lawsuits are an abuse of the judicial process and are used to censor, intimidate, or punish
                    citizens, businesses, and organizations for involving themselves in public affairs, and

WHEREAS, the Legislature in Session 2000 passed a similar bill H-135 protecting citizens in government 
                    affairs, and

WHEREAS, the court system is penalized at the cost of $1,000 per hour to hear these frivolous matters; such
                    costs must be borne by Florida taxpayers.

NOW, THEREFORE, BE IT RESOLVED, that Bill H-135 be amended to protect citizens in other than
                    government activity.
 

PRESENTED BY: 
William J. Strickler 
6420 Count Turf Trail 
Tallahassee Florida 32308-1912 
(850) 894-6092 Fax 894-6093
 
REFERRED TO:
Business & Profession Regulation
Judiciary
General Appropriations
Real Property and Probate
Civil Justice

 
RELATING TO A COURT WATCH PROGRAM

WHEREAS, Florida citizens have a distrust and lack of knowledge of the operating procedures of the court
                     operations, and

WHEREAS, the performance of judges would materially  improve in the presence citizens monitoring the 
                    proceedings, and

WHEREAS, the State Court Administrator could have access to the comments of citizens involved in the
                    process.

WHEREAS, Legislative Session 2000 witnessed the filing of this initiative as Senate Bill S-1134.

NOW, THEREFORE, BE IT RESOLVED, that Senator Jones be encouraged to refile the bill for 
                    the 2001 Session.
 

Senate Bill S 1134 by  Senator Jones
PRESENTED BY: 
William J. Strickler 
6420 Count Turf Trail 
Tallahassee Florida 32308-1912 
(850) 894-6092 Fax 894-6093
 
REFERRED TO:
Business & Profession Regulation
Judiciary
General Appropriations
Real Property and Probate
Civil Justice

 

 
VEXATIOUS LITIGANT BILL REPEAL

 WHEREAS, the 2000 Legislative Session passed a bill that would regulate the access of citizens filing pro se in
                     the court system. and WHEREAS, the Civil Justice staff analysis, in reviewing the proposed bill
                     HB-0557, stated that (1) there would be no constitutional impairment and (2) there would be no
                     additional costs to the court system.

WHEREAS, the Staff Analysis is deemed to be in error on both considerations as well as the fact that the bill
                    infringes upon the separation of powers. (1) The Florida Constitution Article I, Section 21
                    guarantees citizen rights to due process without costs. (2) The Supreme Court State Court
                   Administrator denies stating no additional costs are involved.

NOW, THEREFORE, BE IT RESOLVED, that the Legislature enact legislation to revoke the passage of a bill
                  that not only denies citizen rights but also places additional court costs on the Florida taxpayers at
                  $1,000 an hour.
 
 

PRESENTED BY: 
William J. Strickler 
6420 Count Turf Trail 
Tallahassee Florida 32308-1912 
(850) 894-6092  Fax 894-6093
REFERRED TO:
Civil Justice
Judiciary
Criminal Justice  Appropriations
Legal Affairs

 
MODIFICATION TO PRIVATE SECTOR WHISTLEBLOWER PROTECTION ACT

WHEREAS, Florida Statute 448.101 through 448.105 pertains to private sector employees 
                     whistleblowing protection;

WHEREAS, Section 448.104 authorizes the award of reasonable attorney's fees, court costs, and expenses 
                    to a defendant, paid by the whistleblower if he or she does not win the court case;

WHEREAS, that provision forces whistleblowers to choose between pursuing justice or risking potential
                    bankruptcy if for whatever reason they were not to win a whistleblowing civil case in State Court;

WHEREAS, Private Sector employee whistleblowers are being discriminated against as a Class, because
                     Public Sector (Government) whistleblower employees are Statutorily shielded from attorney's
                     fees, court costs, and expenses, in lawsuits they lose in State Court, by Florida Statute
                    112.3187(9)(d), unless they filed a frivolous action in bad faith;

WHEREAS it constitutes unequal treatment under the law to favor Public Sector whistleblower employees 
                   over Private Sector whistleblower employees, and it is morally wrong to force Private Sector
                   whistleblower employees to forgo seeking litigation justice for fear of bankruptcy by reason of the
                   potential for paying the employer's attorney's fees, court costs, and expenses in a non-frivolous
                   and good faith civil action brought by the whistleblower;

NOW, THEREFORE, BE IT RESOLVED, that the Florida Legislature enact legislation to modify Section
                  448.104 of the Private Sector Whistleblower Protection Act, to delete the following words:

     "A court may award reasonable attorney's fees, court costs, and expenses to the prevailing party" 

substituting therefore the following words, identical to the Public Sector Whistleblower's Protection Act, to wit:

     "In any action brought under this statute, the relief must include payment of reasonable costs, including attorney's fees to a substantially prevailing employee, or to the prevailing employer if the employee filed a 
frivolous action in bad faith."
 

PRESENTED BY: 
Colonel Donald I. Rehman, USA, Ret.
1390 Windy Ridge Court 
Longwood, FL.32750-4501 
Tel.:(407)260-0690  Fax (407)260-1985
E-Mail: [email protected]
REFERRED TO:
Civil Justice
Judiciary
Criminal Justice
Appropriations
Legal Affairs