HB 1559 — Vexatious Litigants

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 CS/CS/HBCS/HB 1559 2025 A bill to be entitled An act relating to vexatious litigants;

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;

or Page 1 of 78 CODING:

hb1559-02-c2hb1559-01-c1 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 CS/CS/HBCS/HB 1559 2025 2.

1.01(3) who, In the immediately preceding 7-year 5-year period, has commenced, prosecuted, or maintained, pro se, five or more civil actions in any court that 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 Page 2 of 78 CODING:

hb1559-02-c2hb1559-01-c1 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 CS/CS/HBCS/HB 1559 2025 maintained in good faith;

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 Page 3 of 78 CODING:

hb1559-02-c2hb1559-01-c1 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 CS/CS/HBCS/HB 1559 2025 and the party does not retain new counsel.

(c) If the vexatious litigant plaintiff fails to post security required by an order of the court under this section Page 4 of 78 CODING:

hb1559-02-c2hb1559-01-c1 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 CS/CS/HBCS/HB 1559 2025 and the vexatious litigant is:, 1.

(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 Page 5 of 78 CODING:

hb1559-02-c2hb1559-01-c1 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 CS/CS/HBCS/HB 1559 2025 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 or any pleading, request for relief, or other document 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 otherPage parties6 defendantsof a8 noticeCODING: stating that the plaintiff is a pro se vexatious litigant is subject to a prefiling order.

The filing of such a notice shall automatically stay the litigation against all parties defendants to the action.

The court administrative judge shall automatically dismiss the action with prejudice within 10 days Page 6 of 7 CODING:

hb1559-02-c2hb1559-01-c1 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 CS/CS/HBCS/HB 1559 2025 afterother theparties filingdefendants ofa such notice unlessstating that the vexatious litigant plaintiff filesis a motionpro forse leavevexatious tolitigant fileis thesubject newto action.a prefiling order.

IfThe thefiling courtof administrativesuch judgea issuesnotice anshall orderautomatically grantingstay leave, the pleadingslitigation oragainst otherall responsesparties permitting the action to be filed, the defendants need not plead or otherwise respond to the complaint need not be filed until 10 days after the date of service by the vexatious litigant plaintiff, by United States mail, of a copy of the order granting leave to file the action.

(6) The clerkcourt ofadministrative ajudge courtshall mustautomatically shalldismiss providethe copiesaction ofor alldeny prefilingthe orderspleading, torequest thefor Clerkrelief, ofor other document filed by the Floridavexatious Supremelitigant Court,in whoan mustaction shallwith maintainprejudice awithin registry10 days after the filing of allsuch notice unless the vexatious litigants.litigant plaintiff files a motion for leave to file the new action or the pleading, request for relief, or other document.

If the court administrative judge issues an order granting leave, pleadings, or other responses permitting the action to be filed, the defendants need not plead or otherwise respond to the complaint or the pleading, request for relief, or other document need not be filed until 10 days after the date of service by the vexatious litigant 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.

(b) Rules, as applicable, on the motion for an order to post security under paragraph (3)(d) or the motion for leave underPage subsection7 (5);of 8 CODING:

orWords (c)stricken Dismissesare thedeletions; action under subsection (5).

words underlined are additions.

hb1559-01-c1 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 CS/HB 1559 2025 under subsection (5);

or (c) Dismisses the action or denies the pleading, request for relief, or other document under subsection (5).

Page 78 of 78 CODING:

hb1559-02-c2hb1559-01-c1