|
|
The 2025 Florida Statutes
|
|
|
|
|
F.S. 68.09368.093 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 an action:1. Governed by the Florida Family Law Rules of Procedure, the Florida Rules of Civil Procedure, rule 5.025 of the Florida Probate Rules, or the Florida Small Claims Rules; or 2. In another state court or federal court governed by rules of procedure that are comparable to the rules of procedure specified in subparagraph 1. (b) “Security” means an undertaking by a vexatious litigant to ensure payment to a party in an amount reasonably sufficient to cover the party’s anticipated, reasonable expenses of litigation, including attorney fees and taxable costs. (c) “Vexatious litigant” means a person, as defined in s. 1.01(3), proceeding pro se, who:1. In the immediately preceding 7-year period, has commenced, prosecuted, or maintained, pro se, five or more actions in any court that have been finally and adversely determined against such person, except that an action may not be included for purposes of this subparagraph if the court finds that the action was commenced, prosecuted, or maintained in good faith; 2. After an action has been finally and adversely determined against the person, repeatedly relitigates or attempts to relitigate either the validity of the determination against the same party as to whom the action was finally determined or the cause of action, claim, controversy, or any of the issues of fact or law determined by the final and adverse determination against the same party as to whom the action was finally determined; 3. Repeatedly files pleadings, requests for relief, or other documents that have been the subject of previous rulings by the court in the same action; 4. Repeatedly files unmeritorious pleadings, requests for relief, or other documents; conducts unnecessary discovery; or engages in other tactics that are frivolous or solely intended to cause unnecessary delay in any action; or 5. Has been previously found to be a vexatious litigant pursuant to this section or by another state court or a federal court. An action is not deemed to be “finally and adversely determined” if an appeal in that action is pending. (3)(a) In any action pending in any court of this state, any party may move the court, upon notice and hearing, for an order requiring an opposing party to furnish security. The motion shall be based on the grounds, and supported by a showing, that the opposing party subject to the motion is a vexatious litigant and is not reasonably likely to prevail on the merits of the action against the moving party. (b) At the hearing 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 opposing party subject to the motion is a vexatious litigant and is not reasonably likely to prevail on the merits of the action against the moving party, the court shall order the vexatious litigant to furnish security to the moving party in an amount and within such time as the court deems appropriate. (c) If the vexatious litigant fails to post security required by an order of the court under this section and the vexatious litigant is:1. 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; or 2. A defendant or respondent, the court may immediately issue an order imposing one or more of the following sanctions, as appropriate:a. Denial of the vexatious litigant’s request for relief; b. Striking of the vexatious litigant’s pleading or other document or part thereof; or c. Rendition of a judgment by default against the vexatious litigant. (d) If the motion for an order to post security is filed before the trial in an action, the action shall be automatically stayed and the moving party need not plead or otherwise respond to the vexatious litigant’s complaint, pleading, request for relief, or other document until 10 days after the motion for an order to post security is denied. If the motion for an order to post security is granted, the moving party 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 court. Disobedience of such an order may be punished as contempt of court. Leave of court shall be granted by the court only upon a showing that the proposed action is meritorious and is not being filed for the purpose of delay or harassment. The court may condition the filing of the proposed action upon the furnishing of security as provided in this section. (5) The clerk of the court may not file any new action by a pro se vexatious litigant against whom a prefiling order has been entered unless the vexatious litigant has obtained an order from the court allowing such filing. If the clerk of the court mistakenly allows a pro se vexatious litigant to file any new action in contravention of a prefiling order, any party to that action may file with the clerk and serve on the vexatious litigant and all other parties a notice stating that the vexatious litigant is subject to a prefiling order. The filing of such a notice shall automatically stay the litigation against all parties to the action. The court shall automatically dismiss the action with prejudice within 10 days after the filing of such notice unless the vexatious litigant files a motion for leave to file the new action. If the court issues an order granting leave, the pleadings or other responses to the complaint need not be filed until 10 days after the date of service by the vexatious litigant of a copy of the order granting leave. (6) The clerk of a court must provide copies of all prefiling orders to the Clerk of the Florida Supreme Court, who must maintain a registry of all vexatious litigants. (7) An automatic stay imposed under this section remains in effect until the court:(a) In its discretion, vacates the stay; (b) Rules, as applicable, on the motion for an order to post security under paragraph (3)(d) or the motion for leave under subsection (5); or (c) Dismisses the action under subsection (5). (8) The relief provided under this section shall be cumulative to any other relief or remedy available under the laws of this state or the rules of court, including, but not limited to, the relief provided under s. 57.105. History.—s. 1, ch. 2000-314; s. 1, ch. 2025-128.
| |
Annotations, Discussions, Cases:
Cases Citing Statute 68.093
Total Results: 26
141 So. 3d 529, 39 Fla. L. Weekly Supp. 421, 2014 WL 2609154, 2014 Fla. LEXIS 1887
Supreme Court of Florida | Filed: Jun 12, 2014 | Docket: 58814
Cited 28 times | Published
individuals, such as vexatious litigants. See § 68.093, Fla. Stat. (2013). While these statutes do not
967 So. 2d 948, 2007 WL 2733908
District Court of Appeal of Florida | Filed: Sep 21, 2007 | Docket: 1454034
Cited 9 times | Published
to "vexatious *950 litigant" sanctions under section 68.093(2)(d), Florida Statutes (2006), or other sanctions
965 So. 2d 205, 2007 WL 2480999
District Court of Appeal of Florida | Filed: Sep 5, 2007 | Docket: 1509014
Cited 8 times | Published
constitutionality of the Florida Vexatious Litigant Law, section 68.093, Florida Statutes (2005) under Article I, Section
934 So. 2d 1184, 2006 WL 1699473
Supreme Court of Florida | Filed: Jun 22, 2006 | Docket: 1460634
Cited 8 times | Published
application of the Vexatious Litigant Law, section 68.093, Florida Statutes (2003), to the petitioner
989 So. 2d 1250, 2008 WL 4163123
District Court of Appeal of Florida | Filed: Sep 11, 2008 | Docket: 1665393
Cited 6 times | Published
motion to dismiss. See Mazer, 811 So.2d at 858.
Section 68.093(4), Florida Statutes, provides, in pertinent
940 So. 2d 1188, 2006 WL 2844364
District Court of Appeal of Florida | Filed: Oct 6, 2006 | Docket: 432849
Cited 3 times | Published
Barthet, 886 So.2d 324 (Fla. 4th DCA 2004); see also § 68.093, Fla. Stat. (2005) (the Florida Vexatious Litigant
406 B.R. 949, 22 Fla. L. Weekly Fed. B 11, 2009 Bankr. LEXIS 1830
United States Bankruptcy Court, S.D. Florida. | Filed: Jul 1, 2009 | Docket: 1067323
Cited 2 times | Published
Vexatious Litigant Registry pursuant to Fla. Stat. § 68.093(6). On April 5, 2005, the Florida Circuit Court
8 So. 3d 1253, 2009 Fla. App. LEXIS 4206, 2009 WL 1212198
District Court of Appeal of Florida | Filed: May 6, 2009 | Docket: 2513510
Cited 2 times | Published
litigant is abusing the legal process. See, e.g., § 68.093, Fla. Stat. (2008) (Florida's Vexatious Litigant
886 So. 2d 324, 2004 WL 2535383
District Court of Appeal of Florida | Filed: Nov 10, 2004 | Docket: 1379762
Cited 2 times | Published
Circuit under Florida's Vexatious Litigant Law, section 68.093, Florida Statutes (2003). Those orders prohibit
534 B.R. 427, 25 Fla. L. Weekly Fed. B 322, 2015 Bankr. LEXIS 2592, 2015 WL 4625035
United States Bankruptcy Court, S.D. Florida. | Filed: Aug 3, 2015 | Docket: 65787714
Cited 1 times | Published
Vexatious Litigant Registry pursuant to Fla. Stat. § 68.093(6).
It was against that backdrop that this Court
22 So. 3d 819, 2009 Fla. App. LEXIS 17720, 2009 WL 4068108
District Court of Appeal of Florida | Filed: Nov 25, 2009 | Docket: 60267114
Cited 1 times | Published
to be a vexatious litigant as authorized by section 68.093, Florida Statutes (2006), and instructed the
District Court of Appeal of Florida | Filed: Aug 6, 2025 | Docket: 71039608
Published
expanded the definition of “vexatious litigant” in section 68.093(2)(c)(2),
Florida Statutes (2025), the Florida
District Court of Appeal of Florida | Filed: Mar 7, 2025 | Docket: 69715801
Published
authorized under Florida’s Vexatious Litigant Law.
§ 68.093(4), Fla. Stat.; see also id. (“Leave of court
District Court of Appeal of Florida | Filed: Dec 13, 2023 | Docket: 68083878
Published
pursuant to
Florida's Vexatious Litigant Law, section 68.093, Florida Statutes (2022).
Knezevich argues
District Court of Appeal of Florida | Filed: Mar 3, 2021 | Docket: 59699905
Published
declares Brown a vexatious litigant under
section 68.093, Florida Statutes (2020). Upon our de novo
District Court of Appeal of Florida | Filed: Aug 9, 2019 | Docket: 16037827
Published
and adversely
determined against such person.” § 68.093(d)1., Fla. Stat. (2018).
DePinto filed nine pro
264 So. 3d 383
District Court of Appeal of Florida | Filed: Feb 15, 2019 | Docket: 14554413
Published
Welch was a
“vexatious litigant” pursuant to section 68.093, Florida Statutes,
and seeking to sanction
143 So. 3d 1112, 2014 WL 3805666
District Court of Appeal of Florida | Filed: Aug 5, 2014 | Docket: 748368
Published
determination must be reached in compliance with section 68.093, Florida Statutes (2012).
REVERSED and
129 So. 3d 471, 2014 WL 30576, 2014 Fla. App. LEXIS 109
District Court of Appeal of Florida | Filed: Jan 3, 2014 | Docket: 60237414
Published
appellant to be a vexatious litigant under section 68.093, Florida Statutes (2012), without issuing an
117 So. 3d 439, 2013 Fla. App. LEXIS 9243, 2013 WL 2476801
District Court of Appeal of Florida | Filed: Jun 10, 2013 | Docket: 60232664
Published
him to be a vexatious litigant pursuant to section 68.093, Florida Statutes. In finding that Appellant
20 So. 3d 905, 2009 Fla. App. LEXIS 14076, 2009 WL 3013790
District Court of Appeal of Florida | Filed: Sep 23, 2009 | Docket: 2526511
Published
Smith to be a vexatious litigant pursuant to section 68.093, Florida Statutes (2007), and prohibiting him
974 So. 2d 579, 2008 WL 425585
District Court of Appeal of Florida | Filed: Feb 19, 2008 | Docket: 1718082
Published
Pflaum is a vexatious litigant pursuant to section 68.093, Florida Statutes. That portion of appellees'
963 So. 2d 262, 2007 WL 2065827
District Court of Appeal of Florida | Filed: Jul 20, 2007 | Docket: 169346
Published
that Appellant is a vexatious litigant under section 68.093, Florida Statutes, because there was no competent
947 So. 2d 538, 2006 WL 3751499
District Court of Appeal of Florida | Filed: Dec 22, 2006 | Docket: 78739
Published
determined against [him]" in accordance with section 68.093(2)(d), Florida Statutes (2005). Accordingly
947 So. 2d 538, 2006 WL 3751499
District Court of Appeal of Florida | Filed: Dec 22, 2006 | Docket: 78739
Published
determined against [him]" in accordance with section 68.093(2)(d), Florida Statutes (2005). Accordingly
896 So. 2d 929, 2005 Fla. App. LEXIS 2673, 2005 WL 491298
District Court of Appeal of Florida | Filed: Mar 4, 2005 | Docket: 64836894
Published
actions without leave in that particular court. § 68.093(4), Fla. Stat. (2004).
We REVERSE and REMAND with
