Florida 2025 Regular Session

Florida House Bill H1559 Compare Versions

Version 1 (Old)

Version 2 (New)

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15	15		An act relating to vexatious litigants; amending s. 2
16	16		68.093, F.S.; revising definitions; expanding actions 3
17	17		subject to the Florida Vexatious Litigant Law; 4
18	18		revising eligibility for designation as a vexatious 5
19	19		litigant; revising sanctions and remedies for 6
20	20		vexatious litigation; prohibiting clerks of court from 7
21	21		accepting certain filings from a vexatious litigant; 8
22	22		specifying the duration of an automatic stay imposed 9
23	23		against vexatious litigation; providing an effective 10
24	24		date. 11
25	25		12
26	26		Be It Enacted by the Legislature of the State of Florida: 13
27	27		14
28	28		Section 1. Section 68.093, Florida Statutes, is amended to 15
29	29		read: 16
30	30		68.093 Florida Vexatious Litigant Law. — 17
31	31		(1) This section may be c ited as the "Florida Vexatious 18
32	32		Litigant Law." 19
33	33		(2) As used in section, the term: 20
34	34		(a) "Action" means an a civil action: 21
35	35		1. Governed by the Florida Family Law Rules of Procedure, 22
36	36		the Florida Rules of Civil Procedure , rule 5.025 of and 23
37	37		proceedings governed by the Florida Probate Rules, or the 24
38	38		Florida Small Claims Rules; or 25
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47	47		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
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51	51		2. In another state court or federal court governed by 26
52	52		rules of procedure that are comparable to the rules of procedure 27
53	53		specified in subparagraph 1 but does not include actions 28
54	54		concerning family law matters governed by the Florida Family Law 29
55	55		Rules of Procedure or any action in which the Florida Small 30
56	56		Claims Rules apply. 31
57	57		(b) "Defendant" means any person or entity, including a 32
58	58		corporation, association, partnership, firm, or governmenta l 33
59	59		entity, against whom an action is or was commenced or is sought 34
60	60		to be commenced. 35
61	61		(b)(c) "Security" means an undertaking by a vexatious 36
62	62		litigant to ensure payment to a party defendant in an amount 37
63	63		reasonably sufficient to cover the party's defendant's 38
64	64		anticipated, reasonable expenses of litigation, including 39
65	65		attorney attorney's fees and taxable costs. 40
66	66		(c)(d) "Vexatious litigant" means a person, as defined in 41
67	67		s. 1.01(3), proceeding pro se, who : 42
68	68		1. A person as defined in s. 1.01(3) who, In the 43
69	69		immediately preceding 7-year 5-year period, has commenced, 44
70	70		prosecuted, or maintained, pro se, five or more civil actions in 45
71	71		any court that in this state, except an action governed by the 46
72	72		Florida Small Claims Rules, which actions have been finally and 47
73	73		adversely determined against such person , except that an action 48
74	74		may not be included for purposes of this subparagraph if the 49
75	75		court finds that the action was commenced, prosecuted, or 50
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88	88		maintained in good faith; or entity; or 51
89	89		2. After an action has been finally and adve rsely 52
90	90		determined against the person, repeatedly relitigates or 53
91	91		attempts to relitigate either the validity of the determination 54
92	92		against the same party as to whom the action was finally 55
93	93		determined or the cause of action, claim, controversy, or any of 56
94	94		the issues of fact or law determined by the final and adverse 57
95	95		determination against the same party as to whom the action was 58
96	96		finally determined; 59
97	97		3. Repeatedly files pleadings, requests for relief, or 60
98	98		other documents that have been the subject of previous ruling s 61
99	99		by the court in the same action; 62
100	100		4. Repeatedly files unmeritorious pleadings, requests for 63
101	101		relief, or other documents; conducts unnecessary discovery; or 64
102	102		engages in other tactics that are frivolous or solely intended 65
103	103		to cause unnecessary delay in any action; or 66
104	104		5.2. Has been Any person or entity previously found to be 67
105	105		a vexatious litigant pursuant to this section or by another 68
106	106		state court or a federal court . 69
107	107		70
108	108		An action is not deemed to be "finally and adversely determined" 71
109	109		if an appeal in that action is pending. If an action has been 72
110	110		commenced on behalf of a party by an attorney licensed to 73
111	111		practice law in this state, that action is not deemed to be pro 74
112	112		se even if the attorney later withdraws from the representation 75
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125	125		and the party does not retain new counsel. 76
126	126		(3)(a) In any action pending in any court of this state , 77
127	127		including actions governed by the Florida Small Claims Rules , 78
128	128		any party defendant may move the court, upon notice and hearing, 79
129	129		for an order requiring an opposing party the plaintiff to 80
130	130		furnish security. The motion shall be based on the grounds, and 81
131	131		supported by a showing, that the opposing party subject to the 82
132	132		motion plaintiff is a vexatious litigant and is not reasonably 83
133	133		likely to prevail on the merits of the action against the moving 84
134	134		party defendant. 85
135	135		(b) At the hearing upon any defendant's motion for an 86
136	136		order to post security, the court shall consider any evidence, 87
137	137		written or oral, by witness or affidavit, which may be relevant 88
138	138		to the consideration of the motion. No determination made by the 89
139	139		court in such a hearing shall be admissible on the merits of the 90
140	140		action or deemed to be a determination of any issue in the 91
141	141		action. If, after hearing the evidence, the court determines 92
142	142		that the opposing party subject to the motion plaintiff is a 93
143	143		vexatious litigant and is not reasonably likely to prevail on 94
144	144		the merits of the action against the moving party defendant, the 95
145	145		court shall order the vexatious litigant plaintiff to furnish 96
146	146		security to the moving party defendant in an amount and within 97
147	147		such time as the court deems appropriate. 98
148	148		(c) If the vexatious litigant plaintiff fails to post 99
149	149		security required by an order of the court under this section 100
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162	162		and the vexatious litigant is: , 101
163	163		1. A plaintiff or petitioner, the court shall immediately 102
164	164		issue an order dismissing the action with prejudice as to the 103
165	165		moving party defendant for whose benefit the security was 104
166	166		ordered; or 105
167	167		2. A defendant or respondent, the court may immediately 106
168	168		issue an order imposing one or more of the following sanctions, 107
169	169		as appropriate: 108
170	170		a. Denial of the vexatious litigant's request for relief; 109
171	171		b. Striking of the vexatious litigant's pleading or other 110
172	172		document or part thereof; or 111
173	173		c. Rendition of a judgment by default against the 112
174	174		vexatious litigant. 113
175	175		(d) If the a motion for an order to post security is filed 114
176	176		before prior to the trial in an action, the action shall be 115
177	177		automatically stayed and the moving party defendant need not 116
178	178		plead or otherwise respond to the vexatious litigant's 117
179	179		complaint, pleading, request for relief, or other d ocument until 118
180	180		10 days after the motion for an order to post security is 119
181	181		denied. If the motion for an order to post security is granted, 120
182	182		the moving party defendant shall respond or plead no later than 121
183	183		10 days after the required security has been furnished. 122
184	184		(4) In addition to any other relief provided in this 123
185	185		section, the court in any judicial circuit may, on its own 124
186	186		motion or on the motion of any party, enter a prefiling order 125
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195	195		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
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199	199		prohibiting a vexatious litigant from commencing, pro se, any 126
200	200		new action in the courts of that circuit without first obtaining 127
201	201		leave of the court administrative judge of that circuit . 128
202	202		Disobedience of such an order may be punished as contempt of 129
203	203		court by the administrative judge of that circuit . Leave of 130
204	204		court shall be granted by the court administrative judge only 131
205	205		upon a showing that the proposed action is meritorious and is 132
206	206		not being filed for the purpose of delay or harassment. The 133
207	207		court administrative judge may condition the filing of the 134
208	208		proposed action upon the furnishing of security as provided in 135
209	209		this section. 136
210	210		(5) The clerk of the court may shall not file any new 137
211	211		action by a pro se vexatious litigant against whom a prefiling 138
212	212		order has been entered pro se unless the vexatious litigant has 139
213	213		obtained an order from the court allowing administrative judge 140
214	214		permitting such filing. If the clerk of the court mistakenly 141
215	215		allows a pro se permits a vexatious litigant to file any new an 142
216	216		action pro se in contravention of a prefiling order, any party 143
217	217		to that action may file with the clerk and serve on the 144
218	218		vexatious litigant plaintiff and all other parties defendants a 145
219	219		notice stating that the plaintiff is a pro se vexatious litigant 146
220	220		is subject to a prefiling order. The fi ling of such a notice 147
221	221		shall automatically stay the litigation against all parties 148
222	222		defendants to the action. The court administrative judge shall 149
223	223		automatically dismiss the action with prejudice within 10 days 150
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236	236		after the filing of such notice unless the vexatious litigant 151
237	237		plaintiff files a motion for leave to file the new action. If 152
238	238		the court administrative judge issues an order granting leave, 153
239	239		the pleadings or other responses permitting the action to be 154
240	240		filed, the defendants need not plead or otherwise respon d to the 155
241	241		complaint need not be filed until 10 days after the date of 156
242	242		service by the vexatious litigant plaintiff, by United States 157
243	243		mail, of a copy of the order granting leave to file the action. 158
244	244		(6) The clerk of a court must shall provide copies of all 159
245	245		prefiling orders to the Clerk of the Florida Supreme Court, who 160
246	246		must shall maintain a registry of all vexatious litigants. 161
247	247		(7) An automatic stay imposed under this section remains 162
248	248		in effect until the court: 163
249	249		(a) In its discretion, vacates the stay; 164
250	250		(b) Rules, as applicable, on the motion for an order to 165
251	251		post security under paragraph (3)(d) or the motion for leave 166
252	252		under subsection (5); or 167
253	253		(c) Dismisses the action under subsection (5). 168
254	254		(8)(7) The relief provided under this section shall be 169
255	255		cumulative to any other relief or remedy available to a 170
256	256		defendant under the laws of this state or the rules of court and 171
257	257		the Florida Rules of Civil Procedure , including, but not limited 172
258	258		to, the relief provided under s. 57.105. 173
259	259		Section 2. This act shall take effect July 1, 2025. 174