Florida Statute 68.093 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 68
MISCELLANEOUS PROCEEDINGS

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F.S. 68.093

68.093 Florida Vexatious Litigant Law.—

(1) This section may be cited as the “Florida Vexatious Litigant Law.”

(2) As used in section, the term:

(a) “Action” means a civil action governed by the Florida Rules of Civil Procedure and proceedings governed by the Florida Probate Rules, but does not include actions concerning family law matters governed by the Florida Family Law Rules of Procedure or any action in which the Florida Small Claims Rules apply.

(b) “Defendant” means any person or entity, including a corporation, association, partnership, firm, or governmental entity, against whom an action is or was commenced or is sought to be commenced.

(c) “Security” means 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’s fees and taxable costs.

(d) “Vexatious litigant” means:

1. A person as defined in s. 1.01(3) who, in the immediately preceding 5-year period, has commenced, prosecuted, or maintained, pro se, five or more civil actions in any court in this state, except an action governed by the Florida Small Claims Rules, which actions have been finally and adversely determined against such person or entity; or

2. Any person or entity previously found to be a vexatious litigant pursuant to this section.

An action is not deemed to be “finally and adversely determined” if an appeal in that action is pending. If an action has been commenced on behalf of a party by an attorney licensed to practice law in this state, that action is not deemed to be pro se even if the attorney later withdraws from the representation and the party does not retain new counsel.

(3)(a) In any action pending in any court of this state, including actions governed by the Florida Small Claims Rules, any defendant may move the court, upon notice and hearing, for an order requiring the plaintiff to furnish security. The motion shall be based on the grounds, and supported by a showing, that the plaintiff is a vexatious litigant and is not reasonably likely to prevail on the merits of the action against the moving defendant.

(b) At the hearing upon any defendant’s motion for an order to post security, the court shall consider any evidence, written or oral, by witness or affidavit, which may be relevant to the consideration of the motion. No determination made by the court in such a hearing shall be admissible on the merits of the action or deemed to be a determination of any issue in the action. If, after hearing the evidence, the court determines that the plaintiff is a vexatious litigant and is not reasonably likely to prevail on the merits of the action against the moving defendant, the court shall order the plaintiff to furnish security to the moving defendant in an amount and within such time as the court deems appropriate.

(c) If the plaintiff fails to post security required by an order of the court under this section, the court shall immediately issue an order dismissing the action with prejudice as to the defendant for whose benefit the security was ordered.

(d) If a motion for an order to post security is filed prior to the trial in an action, the action shall be automatically stayed and the moving defendant need not plead or otherwise respond to the complaint until 10 days after the motion is denied. If the motion is granted, the moving defendant shall respond or plead no later than 10 days after the required security has been furnished.

(4) In addition to any other relief provided in this section, the court in any judicial circuit 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. Disobedience of such an order may be punished as contempt of court by the administrative judge of that circuit. Leave of court shall be granted by the administrative judge only upon a showing that the proposed action is meritorious and is not being filed for the purpose of delay or harassment. The administrative judge may condition the filing of the proposed action upon the furnishing of security as provided in this section.

(5) The clerk of the court shall not file any new action by a vexatious litigant pro se unless the vexatious litigant has obtained an order from the administrative judge permitting such filing. If the clerk of the court mistakenly permits a vexatious litigant to file an action pro se in contravention of a prefiling order, any party to that action may file with the clerk and serve on the plaintiff and all other defendants a notice stating that the plaintiff is a pro se vexatious litigant subject to a prefiling order. The filing of such a notice shall automatically stay the litigation against all defendants to the action. The administrative judge shall automatically dismiss the action with prejudice within 10 days after the filing of such notice unless the plaintiff files a motion for leave to file the action. If the administrative judge issues an order permitting the action to be filed, the defendants need not plead or otherwise respond to the complaint until 10 days after the date of service by the plaintiff, by United States mail, of a copy of the order granting leave to file the action.

(6) The clerk of a court shall provide copies of all prefiling orders to the Clerk of the Florida Supreme Court, who shall maintain a registry of all vexatious litigants.

(7) The relief provided under this section shall be cumulative to any other relief or remedy available to a defendant under the laws of this state and the Florida Rules of Civil Procedure, including, but not limited to, the relief provided under s. 57.105.

History.—s. 1, ch. 2000-314.

F.S. 68.093 on Google Scholar

F.S. 68.093 on Casetext

Amendments to 68.093

Arrestable Offenses / Crimes under Fla. Stat. 68.093

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 68.093.

Annotations, Discussions, Cases:

Cases Citing Statute 68.093

Total Results: 20

MICHAEL STEVEN KNEZEVICH v. SERVICE FINANCE COMPANY, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2023-12-13T00:00:00-08:00

Snippet: Florida's Vexatious Litigant Law, section 68.093, Florida Statutes (2022). Knezevich argues that…motion seeking various forms of relief under section 68.093. The trial court held a hearing on the motion… the circuit's administrative judge. See § 68.093(4). The order also bars Knezevich from claiming…ample. 2 Moreover, even apart from section 68.093, it is within courts' inherent authority

DEVON A. BROWN v. MIAMI-DADE COUNTY

Court: Fla. Dist. Ct. App. | Date Filed: 2021-03-02T23:53:00-08:00

Snippet: declares Brown a vexatious litigant under section 68.093, Florida Statutes (2020). Upon our de novo review…court complied with the requirements of section 68.093, and reject Brown’s claim that the statute violates…adversely determined against such person or entity. § 68.093(2)(d)1., Fla. Stat. (2019).1 Should a … security as provided in this section. § 68.093(4), Fla. Stat. (2019). This statute has …immediately preceding 5-year period,” see section 68.093(2)(d)1., and the exhibits attached to the motion

Frank DePinto v. Corporal Hoffman, 114

Court: Fla. Dist. Ct. App. | Date Filed: 2019-08-09T00:53:00-07:00

Snippet: and adversely determined against such person.” § 68.093(d)1., Fla. Stat. (2018). DePinto filed nine pro

Eric A. Welch v. Mark S. Inch, Secretary of Florida Department of Corrections

Court: Fla. Dist. Ct. App. | Date Filed: 2019-02-14T23:53:00-08:00

Snippet: the court rules on the motion. § 68.093(3)(d), Fla. Stat. Section 68.093(3)(b) describes “the hearing upon… was a “vexatious litigant” pursuant to section 68.093, Florida Statutes, and seeking to sanction him …declare Mr. Welch a vexatious litigant under section 68.093 and order Welch to show cause why he should not…that Welch was a vexatious litigant under section 68.093. On appeal, the Department challenges the…conducting the scheduled hearing violated section 68.093(3). The Department raises no other basis for reversal

Jonathan Lewis v. Florida Department of Corrections

Court: Fla. Dist. Ct. App. | Date Filed: 2014-08-05T00:00:00-07:00

Citation: 143 So. 3d 1112, 2014 WL 3805666

Snippet: determination must be reached in compliance with section 68.093, Florida Statutes (2012). REVERSED and REMANDED

Dane P. Abdool v. Pam Bondi, etc.

Court: Fla. | Date Filed: 2014-06-12T00:00:00-07:00

Citation: 141 So. 3d 529, 39 Fla. L. Weekly Supp. 421, 2014 WL 2609154, 2014 Fla. LEXIS 1887

Snippet: individuals, such as vexatious litigants. See § 68.093, Fla. Stat. (2013). While these statutes do not

Hartley v. Eighth Judicial County Court of Union County

Court: Fla. Dist. Ct. App. | Date Filed: 2014-01-03T00:00:00-08:00

Citation: 129 So. 3d 471, 2014 WL 30576, 2014 Fla. App. LEXIS 109

Snippet: appellant to be a vexatious litigant under section 68.093, Florida Statutes (2012), without issuing an order

Smith v. Hatcher

Court: Fla. Dist. Ct. App. | Date Filed: 2013-06-10T00:00:00-07:00

Citation: 117 So. 3d 439, 2013 Fla. App. LEXIS 9243, 2013 WL 2476801

Snippet: to be a vexatious litigant pursuant to section 68.093, Florida Statutes. In finding that Appellant was…that the Florida Vexatious Litigant Law of Section 68.093 ... applies to this action and the procedures of…being declared a vexatious litigant under Section 68.093 ... at the time of the original filing of this …We also reject Appellant’s argument that section 68.093 is unconstitutional. See Smith v. Fisher, 965 So

G.W. v. Rushing

Court: Fla. Dist. Ct. App. | Date Filed: 2009-11-25T00:00:00-08:00

Citation: 22 So. 3d 819, 2009 Fla. App. LEXIS 17720, 2009 WL 4068108

Snippet: be a vexatious litigant as authorized by section 68.093, Florida Statutes (2006), and instructed the clerk…not qualify for vexatious litigant status. See § 68.093(2)(a), Fla. Stat. (2006). That issue, however,

Smith v. Hernandez

Court: Fla. Dist. Ct. App. | Date Filed: 2009-09-23T00:00:00-07:00

Citation: 20 So. 3d 905, 2009 Fla. App. LEXIS 14076, 2009 WL 3013790

Snippet: to be a vexatious litigant pursuant to section 68.093, Florida Statutes (2007), and prohibiting him from…constitutional challenges to sections 945.10(3) and 68.093(4). We find no error in the court's denial…constitutional infirmity in sections 945.10(3) and 68.093(4). Having carefully reviewed the record, we conclude

McGrath v. Caron

Court: Fla. Dist. Ct. App. | Date Filed: 2009-05-06T00:00:00-07:00

Citation: 8 So. 3d 1253, 2009 Fla. App. LEXIS 4206, 2009 WL 1212198

Snippet: litigant is abusing the legal process. See, e.g., § 68.093, Fla. Stat. (2008) (Florida's Vexatious Litigant… Florida's Vexatious Litigant Law, section 68.093, Florida Statutes, is constitutional and remedies

Baker v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2009-03-10T00:00:00-07:00

Citation: 4 So. 3d 763, 2009 Fla. App. LEXIS 2131, 2009 WL 595649

Snippet: the trial court erred in imposing a lien of $27,068.93 for investigative costs without evidence from the

Walker v. Ellis

Court: Fla. Dist. Ct. App. | Date Filed: 2008-09-11T00:53:00-07:00

Citation: 989 So. 2d 1250

Snippet: judge of that circuit. § 68.093(4), Fla. Stat. (2007). Further, section 68.093(5), Florida Statutes, provides…to dismiss. See Mazer, 811 So.2d at 858. Section 68.093(4), Florida Statutes, provides, in pertinent part…administrative judge permitting such filing." See § 68.093(5), Fla. Stat. (2007) (emphasis added). Appellant

Pflaum v. PFLAUM

Court: Fla. Dist. Ct. App. | Date Filed: 2008-02-18T23:53:00-08:00

Citation: 974 So. 2d 579

Snippet: Pflaum is a vexatious litigant pursuant to section 68.093, Florida Statutes. That portion of appellees'

Theophile v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2007-09-21T00:53:00-07:00

Citation: 967 So. 2d 948

Snippet: vexatious *950 litigant" sanctions under section 68.093(2)(d), Florida Statutes (2006), or other sanctions

Smith v. Fisher

Court: Fla. Dist. Ct. App. | Date Filed: 2007-09-05T00:53:00-07:00

Citation: 965 So. 2d 205

Snippet: him. § 68.093(2)(d)1, Fla. Stat. (2005).[1] Smith responded with a motion that section 68.093 be declared…costs." § 68.093(2)(c), Fla. Stat. (2005). Smith primarily argues that section 68.093[2] violates Article… of the Florida Vexatious Litigant Law, section 68.093, Florida Statutes (2005) under Article I, Section…requiring Smith to provide security pursuant to section 68.093. The motion noted that in the five year period … was a vexatious litigant under "[s]ection 68.093(3)." Later, Judge Makemson ordered Smith to

Adamson v. McDonough

Court: Fla. Dist. Ct. App. | Date Filed: 2007-07-20T00:53:00-07:00

Citation: 963 So. 2d 262

Snippet: Appellant is a vexatious litigant under section 68.093, Florida Statutes, because there was no competent

Prater v. McDonough

Court: Fla. Dist. Ct. App. | Date Filed: 2006-12-21T23:53:00-08:00

Citation: 947 So. 2d 538

Snippet: against [him]" in accordance with section 68.093(2)(d), Florida Statutes (2005). Accordingly, as

Favreau v. Favreau

Court: Fla. Dist. Ct. App. | Date Filed: 2006-10-06T00:00:00-07:00

Citation: 940 So. 2d 1188

Snippet: , 886 So.2d 324 (Fla. 4th DCA 2004); see also § 68.093, Fla. Stat. (2005) (the Florida Vexatious Litigant

May v. Barthet

Court: Fla. | Date Filed: 2006-06-22T00:00:00-07:00

Citation: 934 So. 2d 1184

Snippet: application of the Vexatious Litigant Law, section 68.093, Florida Statutes (2003), to the petitioner. The