Florida Senate - 2025 SB 1650 By Senator Grall 29-00954-25 20251650__ 1 A bill to be entitled 2 An act relating to vexatious litigants; amending s. 3 68.093, F.S.; revising definitions; expanding actions 4 subject to the Florida Vexatious Litigant Law; 5 revising eligibility for designation as a vexatious 6 litigant; revising sanctions and remedies for 7 vexatious litigation; prohibiting clerks of the court 8 from accepting certain filings from a vexatious 9 litigant; specifying the duration of an automatic stay 10 imposed against vexatious litigation; providing an 11 effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1.Section 68.093, Florida Statutes, is amended to 16 read: 17 68.093Florida Vexatious Litigant Law. 18 (1)This section may be cited as the Florida Vexatious 19 Litigant Law. 20 (2)As used in section, the term: 21 (a)Action means an a civil action: 22 1.Governed by the Florida Family Law Rules of Procedure, 23 the Florida Rules of Civil Procedure, rule 5.025 of and 24 proceedings governed by the Florida Probate Rules, the Florida 25 Small Claims Rules; or 26 2.In another state court or federal court governed by 27 rules of procedure that are comparable to the rules of procedure 28 specified in subparagraph 1 but does not include actions 29 concerning family law matters governed by the Florida Family Law 30 Rules of Procedure or any action in which the Florida Small 31 Claims Rules apply. 32 (b)Defendant means any person or entity, including a 33 corporation, association, partnership, firm, or governmental 34 entity, against whom an action is or was commenced or is sought 35 to be commenced. 36 (b)(c)Security means an undertaking by a vexatious 37 litigant to ensure payment to a party defendant in an amount 38 reasonably sufficient to cover the partys defendants 39 anticipated, reasonable expenses of litigation, including 40 attorney attorneys fees and taxable costs. 41 (c)(d)Vexatious litigant means a person, as defined in 42 s. 1.01(3), proceeding pro se, who: 43 1.A person as defined in s. 1.01(3) who, In the 44 immediately preceding 7-year 5-year period, has commenced, 45 prosecuted, or maintained, pro se, three five or more civil 46 actions in any court that in this state, except an action 47 governed by the Florida Small Claims Rules, which actions have 48 been finally and adversely determined against such person, 49 except that an action may not be included for purposes of this 50 subparagraph if the court finds that the action was commenced, 51 prosecuted, or maintained in good faith; or entity; or 52 2.After an action has been finally and adversely 53 determined against the person, repeatedly relitigates or 54 attempts to relitigate either the validity of the determination 55 against the same party as to whom the action was finally 56 determined or the cause of action, claim, controversy, or any of 57 the issues of fact or law determined by the final and adverse 58 determination against the same party as to whom the action was 59 finally determined; 60 3.Repeatedly files pleadings, requests for relief, or 61 other documents that have been the subject of previous rulings 62 by the court in the same action; 63 4.Repeatedly files unmeritorious pleadings, requests for 64 relief, or other documents; conducts unnecessary discovery; or 65 engages in other tactics that are frivolous or solely intended 66 to cause unnecessary delay in any action; or 67 5.2.Has been Any person or entity previously found to be a 68 vexatious litigant pursuant to this section or by another state 69 court or a federal court. 70 71 An action is not deemed to be finally and adversely determined 72 if an appeal in that action is pending. If an action has been 73 commenced on behalf of a party by an attorney licensed to 74 practice law in this state, that action is not deemed to be pro 75 se even if the attorney later withdraws from the representation 76 and the party does not retain new counsel. 77 (3)(a)In any action pending in any court of this state, 78 including actions governed by the Florida Small Claims Rules, 79 any party defendant may move the court, upon notice and hearing, 80 for an order requiring an opposing party the plaintiff to 81 furnish security. The motion shall be based on the grounds, and 82 supported by a showing, that the opposing party subject to the 83 motion plaintiff is a vexatious litigant and is not reasonably 84 likely to prevail on the merits of the action against the moving 85 party defendant. 86 (b)At the hearing upon any defendants motion for an order 87 to post security, the court shall consider any evidence, written 88 or oral, by witness or affidavit, which may be relevant to the 89 consideration of the motion. No determination made by the court 90 in such a hearing shall be admissible on the merits of the 91 action or deemed to be a determination of any issue in the 92 action. If, after hearing the evidence, the court determines 93 that the opposing party subject to the motion plaintiff is a 94 vexatious litigant and is not reasonably likely to prevail on 95 the merits of the action against the moving party defendant, the 96 court shall order the vexatious litigant plaintiff to furnish 97 security to the moving party defendant in an amount and within 98 such time as the court deems appropriate. 99 (c)If the vexatious litigant plaintiff fails to post 100 security required by an order of the court under this section 101 and the vexatious litigant is:, 102 1.A plaintiff or petitioner, the court shall immediately 103 issue an order dismissing the action with prejudice as to the 104 moving party defendant for whose benefit the security was 105 ordered; or 106 2.A defendant or respondent, the court may immediately 107 issue an order imposing one or more of the following sanctions, 108 as appropriate: 109 a.Denial of the vexatious litigants request for relief; 110 b.Striking of the vexatious litigants pleading or other 111 document or part thereof; or 112 c.Rendition of a judgment by default against the vexatious 113 litigant. 114 (d)If the a motion for an order to post security is filed 115 before prior to the trial in an action, the action shall be 116 automatically stayed and the moving party defendant need not 117 plead or otherwise respond to the vexatious litigants 118 complaint, pleading, request for relief, or other document until 119 10 days after the motion for an order to post security is 120 denied. If the motion for an order to post security is granted, 121 the moving party defendant shall respond or plead no later than 122 10 days after the required security has been furnished. 123 (4)In addition to any other relief provided in this 124 section, the court in any judicial circuit may, on its own 125 motion or on the motion of any party, enter a prefiling order 126 prohibiting a vexatious litigant from commencing, pro se, any 127 new action in the courts of that circuit or from filing, pro se, 128 any pleading, request for relief, or other document in an action 129 in the courts of that circuit without first obtaining leave of 130 the court administrative judge of that circuit. Disobedience of 131 such an order may be punished as contempt of court by the 132 administrative judge of that circuit. Leave of court shall be 133 granted by the court administrative judge only upon a showing 134 that the proposed action, pleading, request for relief, or other 135 document is meritorious and is not being filed for the purpose 136 of delay or harassment. The court administrative judge may 137 condition the filing of the proposed action, pleading, request 138 for relief, or other document upon the furnishing of security as 139 provided in this section. 140 (5)The clerk of the court may shall not file any new 141 action, pleading, request for relief, or other document in an 142 action on behalf of a pro se by a vexatious litigant against 143 whom a prefiling order has been entered pro se unless the 144 vexatious litigant has obtained an order from the court allowing 145 administrative judge permitting such filing. If the clerk of the 146 court mistakenly allows a pro se permits a vexatious litigant to 147 file any new an action, or any pleading, request for relief, or 148 other document in an action pro se in contravention of a 149 prefiling order, any party to that action may file with the 150 clerk and serve on the vexatious litigant plaintiff and all 151 other parties defendants a notice stating that the plaintiff is 152 a pro se vexatious litigant is subject to a prefiling order. The 153 filing of such a notice shall automatically stay the litigation 154 against all parties defendants to the action. The court 155 administrative judge shall automatically dismiss the action or 156 deny the pleading, request for relief, or other document filed 157 by the vexatious litigant in an action with prejudice within 10 158 days after the filing of such notice unless the vexatious 159 litigant plaintiff files a motion for leave to file the new 160 action or the pleading, request for relief, or other document. 161 If the court administrative judge issues an order granting 162 leave, the pleadings, or other responses permitting the action 163 to be filed, the defendants need not plead or otherwise respond 164 to the complaint or the pleading, request for relief, or other 165 document need not be filed until 10 days after the date of 166 service by the vexatious litigant plaintiff, by United States 167 mail, of a copy of the order granting leave to file the action. 168 (6)The clerk of a court shall provide copies of all 169 prefiling orders to the Clerk of the Florida Supreme Court, who 170 shall maintain a registry of all vexatious litigants. 171 (7)An automatic stay imposed under this section remains in 172 effect until the court: 173 (a)In its discretion, vacates the stay; 174 (b)Rules, as applicable, on the motion for an order to 175 post security under paragraph (3)(d) or the motion for leave 176 under subsection (5); or 177 (c)Dismisses the action or denies the pleading, request 178 for relief, or other document under subsection (5). 179 (8)(7)The relief provided under this section shall be 180 cumulative to any other relief or remedy available to a 181 defendant under the laws of this state or the rules of court and 182 the Florida Rules of Civil Procedure, including, but not limited 183 to, the relief provided under s. 57.105. 184 Section 2.This act shall take effect July 1, 2025.