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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
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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 impos ed 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 cited 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, or the 24
Florida 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 action s 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 gov ernmental 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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maintained in good faith; or entity; or 51
2. After an action has been finally and adversely 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 previou s 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 action; 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
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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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and the party does not retai n 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 movi ng 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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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 document 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 furn ished. 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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prohibiting a vexatious litigant from commencing, pro se, any 126
new action in the courts of that circuit without first obtaining 127
leave of the court administrative judge of that circuit . 128
Disobedience of such an order may be punished as contempt of 129
court by the administrative judge of that circuit . Leave of 130
court shall be granted b y the court administrative judge only 131
upon a showing that the proposed action is meritorious and is 132
not being filed for the purpose of delay or harassment. The 133
court administrative judge may condition the filing of the 134
proposed action upon the furnishing of security as provided in 135
this section. 136
(5) The clerk of the court may shall not file any new 137
action by a pro se vexatious litigant against whom a prefiling 138
order has been entered pro se unless the vexatious litigant has 139
obtained an order from the court allowing administrative judge 140
permitting such filing. If the clerk of the court mistakenly 141
allows a pro se permits a vexatious litigant to file any new an 142
action pro se in contravention of a prefiling order, any party 143
to that action may file with the clerk and serve on the 144
vexatious litigant plaintiff and all other parties defendants a 145
notice stating that the plaintiff is a pro se vexatious litigant 146
is subject to a prefiling order. The filing of such a notice 147
shall automatically stay the litigation against all parties 148
defendants to the action. The court administrative judge shall 149
automatically dismiss the action with prejudice within 10 days 150
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after the filing of such notice unless the vexatious litigant 151
plaintiff files a motion for leave to file the new action. If 152
the court administrative judge issues an order granting leave, 153
the pleadings or other responses permitting the action to be 154
filed, the defendants need not plead or otherwise respond to the 155
complaint need not be filed until 10 days after the date of 156
service by the vexatious litigant plaintiff, by United States 157
mail, of a copy of the order granting leave to file the action. 158
(6) The clerk of a court must shall provide copies of all 159
prefiling orders to the Clerk of t he Florida Supreme Court, who 160
must shall maintain a registry of all vexatious litigants. 161
(7) An automatic stay imposed under this section remains 162
in effect until the court: 163
(a) In its discretion, vacates the stay; 164
(b) Rules, as applicable, on the mot ion for an order to 165
post security under paragraph (3)(d) or the motion for leave 166
under subsection (5); or 167
(c) Dismisses the action under subsection (5). 168
(8)(7) The relief provided under this section shall be 169
cumulative to any other relief or remedy ava ilable to a 170
defendant under the laws of this state or the rules of court and 171
the Florida Rules of Civil Procedure , including, but not limited 172
to, the relief provided under s. 57.105. 173
Section 2. This act shall take effect July 1, 2025. 174