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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
A bill to be entitled 1
An act relating to vexatious litigants; amending s. 2
68.093, F.S.; revising definitions; expanding actions 3
subject to the Florida Vexatious Litigant Law; 4
revising eligibility for designation as a vexatious 5
litigant; revising sanctions and remedies for 6
vexatious litigation; prohibiting clerks of court from 7
accepting certain filings from a vexatious litigant; 8
specifying the duration of an automatic stay imposed 9
against vexatious litigation; providing an effective 10
date. 11
12
Be It Enacted by the Legislature of the State of Florida: 13
14
Section 1. Section 68.093, Florida Statutes, is amended to 15
read: 16
68.093 Florida Vexatious Litigant Law. — 17
(1) This section may be c ited as the "Florida Vexatious 18
Litigant Law." 19
(2) As used in section, the term: 20
(a) "Action" means an a civil action: 21
1. Governed by the Florida Family Law Rules of Procedure, 22
the Florida Rules of Civil Procedure , rule 5.025 of and 23
proceedings governed by the Florida Probate Rules, the Florida 24
Small Claims Rules; or 25
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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
2. In another state court or federal court governed by 26
rules of procedure that are comparable to the rules of procedure 27
specified in subparagraph 1 but does not include actions 28
concerning family law matters governed by the Florida Family Law 29
Rules of Procedure or any action in which the Florida Small 30
Claims Rules apply. 31
(b) "Defendant" means any person or entity, including a 32
corporation, association, partnership, firm, or governmental 33
entity, against whom an action is or was commenced or is sought 34
to be commenced. 35
(b)(c) "Security" means an undertaking by a vexatious 36
litigant to ensure payment to a party defendant in an amount 37
reasonably sufficient to cover the party's defendant's 38
anticipated, reasonable expenses of litigation, including 39
attorney attorney's fees and taxable costs. 40
(c)(d) "Vexatious litigant" means a person, as defined in 41
s. 1.01(3), proceeding pro se, who : 42
1. A person as defined in s. 1.01(3) who, In the 43
immediately preceding 7-year 5-year period, has commenced, 44
prosecuted, or maintained, pro se, five or more civil actions in 45
any court that in this state, except an action governed by the 46
Florida Small Claims Rules, which actions have been finally and 47
adversely determined against such person , except that an action 48
may not be included for purposes of this subparagraph if the 49
court finds that the action was commenced, prosecuted, or 50
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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
maintained in good faith; or entity; or 51
2. After an action has been finally and adverse ly 52
determined against the person, repeatedly relitigates or 53
attempts to relitigate either the validity of the determination 54
against the same party as to whom the action was finally 55
determined or the cause of action, claim, controversy, or any of 56
the issues of fact or law determined by the final and adverse 57
determination against the same party as to whom the action was 58
finally determined; 59
3. Repeatedly files pleadings, requests for relief, or 60
other documents that have been the subject of previous rulings 61
by the court in the same action; 62
4. Repeatedly files unmeritorious pleadings, requests for 63
relief, or other documents; conducts unnecessary discovery; or 64
engages in other tactics that are frivolous or solely intended 65
to cause unnecessary delay in any act ion; or 66
5.2. Has been Any person or entity previously found to be 67
a vexatious litigant pursuant to this section or by another 68
state court or a federal court . 69
70
An action is not deemed to be "finally and adversely determined" 71
if an appeal in that action is pending. If an action has been 72
commenced on behalf of a party by an attorney licensed to 73
practice law in this state, that action is not deemed to be pro 74
se even if the attorney later withdraws from the representation 75
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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
and the party does not retain new counsel. 76
(3)(a) In any action pending in any court of this state , 77
including actions governed by the Florida Small Claims Rules , 78
any party defendant may move the court, upon notice and hearing, 79
for an order requiring an opposing party the plaintiff to 80
furnish security. The motion shall be based on the grounds, and 81
supported by a showing, that the opposing party subject to the 82
motion plaintiff is a vexatious litigant and is not reasonably 83
likely to prevail on the merits of the action against the moving 84
party defendant. 85
(b) At the hearing upon any defendant's motion for an 86
order to post security, the court shall consider any evidence, 87
written or oral, by witness or affidavit, which may be relevant 88
to the consideration of the motion. No determination made by the 89
court in such a hearing shall be admissible on the merits of the 90
action or deemed to be a determination of any issue in the 91
action. If, after hearing the evidence, the court determines 92
that the opposing party subject to the motion plaintiff is a 93
vexatious litigant and is not reasonably likely to prevail on 94
the merits of the action against the moving party defendant, the 95
court shall order the vexatious litigant plaintiff to furnish 96
security to the moving party defendant in an amount and within 97
such time as the court deems appropriate. 98
(c) If the vexatious litigant plaintiff fails to post 99
security required by an order of the court under this section 100
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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
and the vexatious litigant is: , 101
1. A plaintiff or petitioner, the court shall immediately 102
issue an order dismissing the action with prejudice as to the 103
moving party defendant for whose benefit the security was 104
ordered; or 105
2. A defendant or respondent, the court may immediately 106
issue an order imposing one or more of the following sanctions, 107
as appropriate: 108
a. Denial of the vexatious litigant's request for relief; 109
b. Striking of the vexatious litigant's pleading or other 110
document or part thereof; or 111
c. Rendition of a judgment by default against the 112
vexatious litigant. 113
(d) If the a motion for an order to post security is filed 114
before prior to the trial in an action, the action shall be 115
automatically stayed and the moving party defendant need not 116
plead or otherwise respond to the vexatious litigant's 117
complaint, pleading, request for relief, or other d ocument until 118
10 days after the motion for an order to post security is 119
denied. If the motion for an order to post security is granted, 120
the moving party defendant shall respond or plead no later than 121
10 days after the required security has been furnished. 122
(4) In addition to any other relief provided in this 123
section, the court in any judicial circuit may, on its own 124
motion or on the motion of any party, enter a prefiling order 125
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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
prohibiting a vexatious litigant from commencing, pro se, any 126
new action in the courts of that circuit or from filing, pro se, 127
any pleading, request for relief, or other document in an action 128
in the courts of that circuit without first obtaining leave of 129
the court administrative judge of that circuit . Disobedience of 130
such an order may be punished as contempt of court by the 131
administrative judge of that circuit . Leave of court shall be 132
granted by the court administrative judge only upon a showing 133
that the proposed action , pleading, request for relief, or other 134
document is meritorious and is not being filed for the purpose 135
of delay or harassment. The court administrative judge may 136
condition the filing of the proposed action , pleading, request 137
for relief, or other document upon the furnishing of security as 138
provided in this section. 139
(5) The clerk of the court may shall not file any new 140
action or any pleading, request for relief, or other document in 141
an action on behalf of a pro se by a vexatious litigant against 142
whom a prefiling order has been entered pro se unless the 143
vexatious litigant has obtained an order from the court allowing 144
administrative judge permitting such filing. If the clerk of the 145
court mistakenly allows a pro se permits a vexatious litigant to 146
file any new an action or any pleading, request for relief, or 147
other document in an action pro se in contravention of a 148
prefiling order, any party to that action may file with the 149
clerk and serve on the vexatious litigant plaintiff and all 150
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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
other parties defendants a notice stating that the plaintiff is 151
a pro se vexatious litigant is subject to a prefiling order. The 152
filing of such a notice shall automatically stay the litigation 153
against all parties defendants to the action. The court 154
administrative judge shall automatically dismiss the action or 155
deny the pleading, req uest for relief, or other document filed 156
by the vexatious litigant in an action with prejudice within 10 157
days after the filing of such notice unless the vexatious 158
litigant plaintiff files a motion for leave to file the new 159
action or the pleading, request f or relief, or other document . 160
If the court administrative judge issues an order granting 161
leave, pleadings, or other responses permitting the action to be 162
filed, the defendants need not plead or otherwise respond to the 163
complaint or the pleading, request fo r relief, or other document 164
need not be filed until 10 days after the date of service by the 165
vexatious litigant plaintiff, by United States mail, of a copy 166
of the order granting leave to file the action. 167
(6) The clerk of a court shall provide copies of a ll 168
prefiling orders to the Clerk of the Florida Supreme Court, who 169
shall maintain a registry of all vexatious litigants. 170
(7) An automatic stay imposed under this section remains 171
in effect until the court: 172
(a) In its discretion, vacates the stay; 173
(b) Rules, as applicable, on the motion for an order to 174
post security under paragraph (3)(d) or the motion for leave 175
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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
under subsection (5); or 176
(c) Dismisses the action or denies the pleading, request 177
for relief, or other document under subsection (5). 178
(8)(7) The relief provided under this section shall be 179
cumulative to any other relief or remedy available to a 180
defendant under the laws of this state or the rules of court and 181
the Florida Rules of Civil Procedure , including, but not limited 182
to, the relief provi ded under s. 57.105. 183
Section 2. This act shall take effect July 1, 2025. 184