STORAGE NAME: h1559a.CIV
DATE: 3/27/2025
1
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/HB 1559
TITLE: Vexatious Litigants
SPONSOR(S): Sapp
COMPANION BILL: CS/SB 1650 (Grall)
LINKED BILLS: None
RELATED BILLS: None
Committee References
Civil Justice & Claims
14 Y, 0 N, As CS
Judiciary
SUMMARY
Effect of the Bill:
CS/HB 1559 amends s. 68.093, F.S., strengthening Florida’s Vexatious Litigant Law. The bill expands the
applicability of the Vexatious Litigant Law to family law matters, small claims court, and adversary probate
proceedings. The bill expands the look-back period for designating a litigant as “vexatious,” and authorizes the
court to consider litigation in other states or in federal court when assessing whether a litigant has met the
threshold to be deemed as a vexatious litigant.
The bill has an effective date of July 1, 2025.
Fiscal or Economic Impact:
The bill may have a negative indeterminate impact on local government revenues associated with the potential
reduction of filing fee revenue received by the clerks of court associated with expanded applicability of the Florida
Vexatious Litigant Law. The bill may also reduce state court workloads. Further, the bill may have a positive impact
on private citizens due to the expanded application of the Vexatious Litigant Law.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
CS/HB 1559 amends s. 68.093, F.S., strengthening Florida’s Vexatious Litigant Law. In response to a 2024
Workgroup on Vexatious Litigants created by Chief Justice Carlos Muñiz, the bill expands the types of cases that the
Vexatious Litigant Law applies to, to include actions governed by the Florida Family Law Rules of Procedure, the
Florida Small Claims Rules, and adversary probate proceedings under Rule 5.025 of the Florida Probate Rules.
(Section 1)..
Further, the bill expands the applicability used for designating a litigant as vexatious by:
Expanding the look-back period from five years to seven years; and
Authorizing courts to consider litigation in other states or in federal court. (Section 1)..
Additionally, the bill expands the definition of a vexatious litigant to include any pro se party
1 who:
After an action has been finally and adversely decided against them, repeatedly relitigates or attempts to
relitigate the validity of the determination, cause of action, claim, controversy, or any issues of fact or law
against the same person;
1
“Pro se” is a Latin term which means “for oneself, on one’s own behalf.” When a litigant proceeds without legal counsel, he or
she is said to be proceeding “pro se.” Cornell Law School, Legal Information Institute, Pro Se,
https://www.law.cornell.edu/wex/pro_se (last visited March 23, 2025). JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
Repeatedly files pleadings, motions, and other papers that have been the subject of a previous ruling by the
court; or
Repeatedly files unmeritorious pleadings, motions, and other papers, or engages in other tactics that are
frivolous or solely intended to caused unnecessary delay. (Section 1).
The bill repeals a provision exempting from the Vexatious Litigant Law actions that were commenced on behalf of
a party by an attorney who later withdraws, resulting in the party proceeding pro se. As such, even if a pro se
litigant who had previously been represented by an attorney, but no longer has legal representation, engages in
vexatious litigation, the matter in which the party was originally represented by an attorney may count toward the
threshold for determination as a vexatious litigant. (Section 1).
Further, the bill expands the definition of a vexatious litigant to include a wider range of litigants by allowing the
court to designate a “party” as vexatious, not just the “plaintiff” or “petitioner.” Thus, applicable remedies against a
Vexatious Litigant may be available to an increased number of parties. As such, the court may impose a security or
surety payment to ensure payment of reasonable litigation expenses against a vexatious party, regardless of
whether the vexatious party is the plaintiff in the action. Under s. 68.093(1)(c), F.S., security refers to an amount
that must be posted by a vexatious litigant to ensure payment to a defendant in an amount reasonably sufficient to
cover the defendant’s anticipated, reasonable expenses of litigation, including attorney fees and taxable costs. The
bill also authorizes pre-filing orders to be entered against defendants and clarifies the point at which an automatic
stay imposed under the law against a vexatious litigant is vacated. (Section 1).
If the vexatious litigant fails to post security required by an order of the court and the vexatious litigant is a
plaintiff or petitioner, the court shall immediately issue an order dismissing the action with prejudice as to the
moving party for whose benefit the security was ordered. (Section 1).
If the vexatious litigant is a defendant or respondent, the court may immediately issue an order imposing one or
more of the following sanctions, as appropriate:
Denial of the vexatious litigant’s request for relief;
Striking of the vexatious litigant’s pleading or other document or part thereof; or
Rendition of a judgment by default against the vexatious litigant. (Section 1).
An automatic stay imposed against a vexatious litigant remains in effect until the court:
In its discretion, vacates the stay;
Rules, as applicable, on the motion for an order to post security or the motion for leave; or
Dismisses the action or denies the pleading, request for relief, or other document under s. 68.093(5), F.S.
(Section 1).
As such, a litigant who has been identified as a “vexatious litigant,” does not automatically stop being such at any
point. However, the vexatious litigant designation can be challenged and potentially overturned by the court if the
litigant demonstrates that he or she is no longer engaging in vexatious conduct. (Section 1).
Lastly, the bill provides an exception from the designation as a vexatious litigant if the court finds that the
qualifying actions were commenced, prosecuted, or maintained in good faith. (Section 1).
The bill has an effective date of July 1, 2025. (Section 2).
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill may reduce court workloads as a result of enforcement of the expanded Vexatious Litigant Law and a
potential reduction in filings.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
LOCAL GOVERNMENT:
The bill may have a negative indeterminate fiscal impact on court revenues due to the potential reduction of filing
fee revenue associated with expanded applicability of the Vexatious Litigant Law.
PRIVATE SECTOR:
The bill may have a positive fiscal impact on private litigants due to the expanded application of the Vexatious
Litigant Law and reduction in frivolous and vexatious filings against legitimate parties.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Florida’s Vexatious Litigant Law
Vexatious conduct by litigants can impede the court system’s ability to timely and justly process cases and
efficiently administer justice. Vexatious conduct can take many forms, including:
Filing multiple meritless lawsuits;
Attempting to relitigate matters already decided by the court; and
Submitting documents with harassing, scandalous, or sham materials to the court.
2
Such conduct may generate significant work for judges and court personnel and may divert judicial time and
resources away from other cases that present legitimate legal matters.
3 Further, parties that find themselves
litigating against a vexatious litigant will likely have to expend significant time and resources to end the case.
4
Definition of a Vexatious Litigant
Florida law defines a “vexatious litigant” as a pro se (unrepresented by an attorney) litigant who in the
immediately preceding five-year period has “commenced, prosecuted, or maintained” five or more civil actions in
Florida state court, all of which have been finally and adversely determined against the litigant.
5 An action has not
been “finally and adversely determined” if an appeal is pending.
6
“Action” Defined
Pursuant to s. 68.093(2)(a), F.S., and s. 68.093(2)(d)(1), F.S., “action” refers to any civil action governed by the
Rules of Civil Procedure and the Probate rules; current law specifically excludes actions governed by the Florida
Rules of Family Law Procedure and the Small Claims Rules from being included as an action for the purpose of the
Vexatious Litigant Law. Under current law, an action commenced by counsel who then withdraws from
representation is not counted as a pro se action for the purposes of the Vexatious LitigantLaw; thus, an action
which is originally commenced by an attorney, but later is conducted pro se, does not count towards the number of
actions required to meet the threshold of a vexatious litigant.
Designation as a Vexatious Litigant
The current Florida Vexatious Litigant law is not self-executing. That is, a party or the court must take action
against a vexatious litigant for the litigant to be designated as vaxatious.
2
Workgroup on Vexatious Litigants, Final Report and Recommendation, 11, Sept. 6, 2024.
3
Id.
4
Smith v. Fisher, 965 So. 2d 205, 209 (Fla. 4th DCA 2007)(providing that “in a frivolous lawsuit, justice delayed is justice
denied to a defendant who expends time and money to bring the case to an end.”).
5
S. 68.093(1)(d), F.S.
6
S. 68.093(2)(d)(1), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
Remedies
Current law provides two remedies for a vexatious litigant. First, a defendant may move the court to order the
plaintiff to furnish a “security.” A security is “an undertaking by a vexatious litigant to ensure payment to a
defendant in an amount reasonably sufficient to cover the defendant’s anticipated, reasonable expenses of
litigation, including attorney fees and taxable costs.”
7 Essentially, a security can be viewed as a type of civil bond.
To be successful on a motion for a security, the motion must show that the plaintiff:
Is a vexatious litigant; and
Is not likely to prevail on the merits.
8
If, after a hearing on the motion, the court determines that the two elements are met, the court must order the
plaintiff to furnish appropriate security at a time designated by the court.
9 If the plaintiff subsequently fails to
provide security by the time designated by the court, the court must immediately dismiss the action with prejudice
as to the moving defendant.
10
Further, the court, in addition to any other relief permitted by law, “may, on its own motion or on the motion of any
party, enter a prefiling order prohibiting a vexatious litigant from commencing, pro se, any new action in the courts
of that circuit without first obtaining leave of the administrative judge of that circuit.”
11 That is, the court has the
authority to prohibit a vexatious litigant from commencing, pro se, a new action in the court without first obtaining
permission from the administrative judge to do so.
Failure to follow the presuit order and obtain permission to file a new action, pro se, by a vexatious litigant, is
punishable by contempt.
12 Thus, a vexatious litigant may file an action only upon a showing that the proposed
action is “meritorious and is not being filed for the purpose of delay or harassment.”
13 In the event that the clerk
“mistakenly permits a vexatious litigant to file an action pro se in contravention of a prefiling order,” any party may
file and serve a notice stating that the plaintiff is a pro se vexatious litigant subject to a prefiling order.
14 Such
notice subsequently stays the proceeding. If the plaintiff fails to move for leave within ten days of the date the
notice was filed, the court must then dismiss the action with prejudice.
15
The Supreme Court must maintain a registry of all vexatious litigants based upon copies of prefiling orders
submitted to the Supreme Court from the respective clerk.
16
Vexatious Litigant Registry
The Florida Supreme Court maintains a “Vexatious Litigant Registry” compliled from prefiling orders forwarded to
the Florida Supreme Court from the clerk of the court who has designated a person as a vexatious litigant. As of
July 13, 2024, the Florida Vexatious Litigant Registry had 210 entries since 2003 for 107 individuals.
17 All 20
judicial circuits and 52 of Florida’s 67 counties (78%) are reflected on the registry.
7
S. 68.093(2)(c), F.S.
8
S. 68.093(3)(a), F.S.
9
S. 68.093(3)(b), F.S.
10
S. 68.093(3)(c), F.S.
11
S. 68.093(4), F.S.
12
Id.
13
Id.
14
S. 68.093(5), F.S.
15
Id.
16
S. 68.093(6), F.S.
17
Supra note 2, Workgroup on Vexatious Litigants, Final Report and Recommendation, 18, Sept. 6, 2024. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
Constitutionality and Access to Courts
Article I, section 21 of the Florida Constitution requires Florida Courts be “open to every person for redress of any
injury, and justice shall be administered without sale, denial, or delay.” Despite the requirement of open access to
courts to every person, two appellate courts have upheld challenges to the Vexatious Litigant Law against
constitutional challenges.
The Fourth District Court of Appeal (“DCA”) has held that a “litigant’s right to access [to courts] may be properly
restricted if the litigant is abusing the legal process.”
18 The Third DCA agreed with the Fourth DCA, noting that the
Vexatious Litigant Law was “narrowly tailored to serve the state’s compelling interest in preventing vexatious
litigants from interfering with the court system’s proper administration of justice.”
19
A number of other states have Vexatious Litigant laws, including, California, Iowa, Hawaii, Ohio, and Texas.
20
Florida was the sixth state in the country to enact a Vexatious Litigant Law.
21 After Florida enacted its Vexatious
Litigant Law in 2000, eight additional states follow suit by enacting similar laws or rules of procedure, including
Arizona, Idaho, Michigan, Minnesota, New Hampshire, North Dakota, Nevada, and Utah.
22 To date, all state
Vexatious Litigant Laws have been upheld as constitutional or have not been challenged on appeal.
23
2024 Workgroup and Report on Vexatious Litigants
The Workgroup on Vexatious Litigants (“Workgroup”) was established by Administrative Order No. AOSC24-19 to
“enhance the effectiveness of Florida’s Vexatious Litigant Law and to address issues related to the public disclosure
and harmful and defamatory content in noncriminal court filings.”
24 The Workgroup sought to quantify the impact
of vexatious litigation on the Florida Court System and surveyed DCA judges, trial court judges, trial court
administrators, DCA clerks, and trial court clerks regarding improper litigation.
25
The Workgroup consisted of two appellate judges, one circuit court judge, and two private attorneys, all of who are
members of the Judicial Management Council.
26 The Workgroup met over a period of five months to conduct
research and compose its Final Report and Recommendation.
The 2024 Workgroup found that the Florida Vexatious Litigant Law should be expanded to cover a wider range of
improper conduct. Specifically, the Workgroup, through surveys received, recognized a need to broaden the
current Vexatious Litigant Law to include small claims and family cases. One survey response provided that “we
see in family divisions some litigants filing countless motions for contempt, emergency motions, excessive motions
for rehearing, and even various ‘complaints’ against the judiciary. There should be a standard to which we as
judges can equally hold all litigants in scenarios where the litigation process is abused.”
27 Another survey response
noted that “the problem of vexatiousness in family cases arises not by the number of actions, but rather the
number of post judgment filings in an action.”
28
Family Law Cases
A Family Court case is a legal action filed in circuit court to settle all cases involving children and families. In
Florida, the Family Law Courts have jurisdiction over a number of different types of cases, including:
18
Smith v. Fisher, 965 So. 2d 205, 208 (Fla. 4th DCA 2007).
19
Brown v. Miami-Dade Cnty., 319 So. 3d 83, 84 (Fla. 3d DCA 2021).
20
Supra note 2, Final Report at 19.
21
Id.
22
Id.
23
Id.
24
Id. at 4.
25
Id. at 11.
26
Id. at 6.
27
Id. at 25.
28
Id. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
6
Dissolution of marriage (divorce).
Annulment.
Support unconnected with dissolution of marriage.
Paternity.
Child Support.
Uniform Interstate Family Support Act.
Custodial care of and access to children.
Proceedings for temporary or concurrent custody of minor children by extended family.
Adoption.
Name change.
Declaratory judgment actions related to premarital, marital, or post marital agreements.
Civil domestic, repeat violence, dating violence, stalking, and sexucal violence injunctions.
Juvenile delinquency.
Termination of parental rights.
Juvenile dependency.
Emancipation of a minor.
Children in Need of Services (“CINS”) and Families in Need of Services (FINS).
Truancy.
Modifications and enforcement of orders.
29
Florida’s Family Court uses a fully integrated, comprehensive approach to handling all cases involving children and
families, while at the same time resolving family disputes in a fair, timely, efficient, and cost effective manner.
30
Florida Family Court cases are governed by the Florida Family Law Rules of Procedure.
Small Claims Cases
A small claims case is a legal action filed in county court to settle minor legal disputes where the dollar amount
involved is $8,000 or less.
31 Small claims cases are governed by the Florida Small Claims Rules.
Rule 5.025 of the Florida Probate Rules
Probate matters are legal actions filed in the circuit court pertaining to a deceased person’s estate. Probate refers
to the court-supervised process for identifying and gathering the assets of a deceased person (decedent), paying
the decedent’s debts, and distributing the decedent’s assets to his or her beneficiaries.
32 Florida probate matters
are governed by the Florida Probate Rules.
While many probate proceedings are routine and unncontested, contested probate proceedings fall under Rule
5.025, Florida Probate Rules, and are expressly covered by the Rules of Civil Procedure, except for Rule 1.525,
which establishes procedures for seeking a judgment taxing attorney fees or costs in civil cases.
33 The 2024
Workgroup concluded that any vexatious litigation in a probate proceeding would naturally fall under Rule 5.025,
and therefore application of the Florida Vexatious Litigant Law should be limited to adversary probate
proceedings.
34
Good Faith
29
Florida Courts, Family Court in Florida, https://www.flcourts.gov/Resources-Services/Office-of-Family-Courts/Family-
Court-in-Florida (last visited March 24, 2025).
30
Id.
31
Florida Courts Help, Small Claims, https://help.flcourts.gov/Other-Resources/Small-Claims (last visited March 24, 2025).
32
The Florida Bar, Consumer Pamphlet: Probate in Florida, https://www.floridabar.org/public/consumer/pamphlet026/ (last
visited March 24, 2025).
33
Supra, note 2 at 27.
34
Id. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
7
In legal matters, “good faith,” is generally used to encompass honest dealing.
35 Depending on the exact setting, good
faith may require an honest belief or purpose, faithful performance of duties, observance of fair dealing standards,
or an absence of fraudulent intent.
36
OTHER RESOURCES:
Workgroup on Vexatious Litigants, Final Report and Recommendations (Sept. 6, 2024).
Florida Vexatious Litigants List.
Florida Family Law Rules of Procedure.
Florida Small Claims Rules.
Florida Probate Rules.
BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Civil Justice & Claims
Subcommittee
14 Y, 0 N, As CS 3/27/2025 Jones Mathews
THE CHANGES ADOPTED BY THE
COMMITTEE:
Maintains the threshold number of actions identified in current law
which qualify a litigant as “vexatious” at five actions within the new
seven-year period provided under the bill.
Makes clarifying technical changes.
Judiciary Committee
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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35
Cornell Law School, Legal Information Institute, Good Faith, https://www.law.cornell.edu/wex/good_faith (last visited
March 24, 2025).
36
Id.