SB 1650 — Vexatious Litigants

Florida Senate - 2025 CS for CS for SB 1650 By the Appropriations Committee on CriminalJudiciary; and Civil Justice;

theand CommitteeSenator onGrall Judiciary;590-02604-25 20251650c1 A bill to be entitled An act relating to vexatious litigants;

and Senators Grall and Yarborough 604-03481-25 20251650c2 A bill to be entitled An act relating to vexatious litigants;

PresentSection subsection (7) of section 68.093, Florida Statutes, is redesignatedamended as subsection (8) and amended, a new subsection (7) is added to that section, and subsections (2) through (5) of that section are amended, to read:

68.093 Florida Vexatious Litigant Law.— (1) This section may be cited as the “Florida Vexatious Litigant Law.” (2) As used in this section, the term:

Governed by the Florida Family Law Rules of Procedure, the Florida Rules of Civil Procedure, rule 5.025 of and proceedings governed by the Florida Probate Rules, or the Florida Small Claims Rules,Rules; but does not include actions concerning family law matters governed by the Florida Family Law Rules of Procedure;

In another state court or federal court governed by rules of procedure that are comparable to the rules of procedure specified in subparagraph 1.1 but does not include actions concerning family law matters governed by the Florida Family Law Page 1 of 7 CODING:

or any action in which the Florida Page 1 of 6 CODING:

Florida Senate - 2025 CS for CS for SB 1650 604-03481-25590-02604-25 20251650c220251650c1 Rules of Procedure or any action in which the Florida Small Claims Rules apply.

(c)(b)(c) “Security” means an undertaking by a vexatious litigant to ensure payment to a party defendant in an amount reasonably sufficient to cover the party’s defendant’s anticipated, reasonable expenses of litigation, including attorney attorney’s fees and taxable costs.

1.01(3) who, In the immediately preceding 7-year 5-year period, has commenced, prosecuted, or maintained, pro se, three five or more civil actions in any court whichthat in this state, except an action governed by the Florida Small Claims Rules, which actions 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 faithfaith; or entity;

or entity;

After an action has been finally and adversely determined against the person, repeatedly relitigates or attempts to relitigate either: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 Page 2 of 7 CODING:

a.

The validity of the determination against the same party in an action that was finally determined;

or b.

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 in an action that was Page 2 of 6 CODING:

Florida Senate - 2025 CS for CS for SB 1650 604-03481-25590-02604-25 20251650c220251650c1 finally determined;

5.conducts unnecessary discovery;

Repeatedlyor conductsengages in other tactics that are frivolous or solely intended to cause unnecessary discovery;delay in any action;

6.or 5.2.

Repeatedly engages in other tactics that are frivolous or solely intended to cause unnecessary delay in any action;

or 7.2.

The motion must shall be based on the grounds, and supported by a showing, that the opposing party subject to the motion plaintiff is a vexatious litigant and is not reasonably likely to prevail on the merits of the action against the moving party defendant.

(b) At the hearing upon any defendant’s motion for an order to post security, the court shall consider any evidence, written Page 3 of 67 CODING:

Florida Senate - 2025 CS for CS for SB 1650 604-03481-25590-02604-25 20251650c220251650c1 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.

A No determination made by the court in such a hearing is not shall be admissible on the merits of the action nor 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 plaintiff is a vexatious litigant and is not reasonably likely to prevail on the merits of the action against the moving party defendant, the court must shall order the vexatious litigant plaintiff to furnish security to the moving party defendant in an amount and within such time as the court deems appropriate.

(c) If the vexatious litigant plaintiff fails to post security required by an order of the court under this section and the vexatious litigant is:is:, 1.

1.A plaintiff or petitioner, the court shall immediately issue an order dismissing the action with prejudice as to the moving party defendant for whose benefit the security was ordered;

A plaintiff or petitioner, the court must shall immediately issue an order dismissing the action with prejudice as to the moving party defendant for whose benefit the security was ordered;

(d) If the a motion for an order to post security is filed before prior to the trial in an action, the action is shall be automatically stayed and the moving party defendant need not Page 4 of 67 CODING:

Florida Senate - 2025 CS for CS for SB 1650 604-03481-25590-02604-25 20251650c220251650c1 automatically stayed and the moving party defendant 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 must 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 or from filing, pro se, any pleading, request for relief, or other document in an action in the courts of that circuit without first obtaining leave of the court administrative judge of that circuit.

Leave of court shall be granted by the court administrative judge only upon a showing that the proposed actionaction, pleading, request for relief, or other document is meritorious and is not being filed for the purpose of delay or harassment.

The court administrative judge may condition the filing of the proposed actionaction, pleading, request for relief, or other document upon the furnishing of security as provided in this section.

(5) The clerk of the court may shall not file any new action byor any pleading, request for relief, or other document in an action on behalf of a pro se by a vexatious litigant against whom a prefiling order has been entered pro se unless the vexatious litigant has obtained an order from the court allowing administrative judge permitting such filing.

If the clerk of the court mistakenly allows a pro se permits a vexatious litigant to file any new an action pro se in contravention of a prefiling order, any party to that action may file with the clerk and serve on the Page 5 of 67 CODING:

Florida Senate - 2025 CS for CSSB 1650 590-02604-25 20251650c1 court mistakenly allows a pro se permits a vexatious litigant to file any new an action or any pleading, request for SBrelief, 1650or 604-03481-25other 20251650c2document in an action pro se in contravention of a prefiling order, any party to that action may file with the clerk and serve on the vexatious litigant plaintiff and all other parties defendants a notice stating that the plaintiff is a pro se vexatious litigant is subject to a prefiling order.