Reining In Frivolous Actions: Amendments To Florida's Vexatious Litigant Law Expand Its Scope And Lower Its Threshold

Introduction

In an effort to curb frivolous and harassing litigation, Florida has significantly broadened the definition of what constitutes a “vexatious litigant.” With the increasing use of artificial intelligence and online resources by pro se litigants, this change provides both the court and opposing parties a stronger tool to rein in misconduct in the judicial system.

This article examines Florida's newly amended vexatious litigant statute,¹ which became effective July 1, 2025, highlighting the major changes and discussing the potential impact on practitioners and litigants. 

Background

Before turning to the new amendments, a quick look back at the prior law shows why reform was on the table and needed.

Florida's vexatious litigant statute, Florida Statute § 68.093, was first enacted in 2000 to address the growing problem of serial, meritless litigation—most often filed by self-represented parties—that was clogging court dockets and consuming judicial resources. The law sought to create an early screening mechanism for repeat frivolous filers, without barring access to the courts for legitimate claims. It did this by authorizing the court to impose a requirement that these repeat filers furnish security or obtain leave of court before filing another claim. 

Under the pre-2025 framework, a court could designate a person as a vexatious litigant only if that individual, acting pro se, had commenced five or more civil actions in any Florida state court within the preceding five years, and each of those actions had been finally determined adversely to the litigant. This was an incredibly high bar to meet. 

Key Changes Under HB 1559 / SB 1650

As outlined in more detail below, the new legislation has broadened the statute in nearly every dimension, including expanding the type of conduct that warrants a designation as a vexatious litigant, the type of action that may be considered when determining whether an individual is a vexatious litigant, and the type of party to litigation who can be considered a vexatious litigant.

However, it is important to note that the procedure for designating an individual as a vexatious litigant has not changed significantly, nor has the relief available following such a designation. After a motion and a hearing, a vexatious litigant can be ordered to post security in order to pursue the action. Otherwise, the court, on its own or on the motion of the opposing party, can enter a pre-filing order prohibiting the vexatious litigant from filing any new pro se action without first obtaining leave of court.

Amended Definition of Vexatious Litigant

Under the new statute, a vexatious litigant is one who proceeds pro se and:

• in the immediately preceding seven years has commenced five or more actions in any court that have been finally and adversely determined against such person; or
• after an action has been finally and adversely determined against that 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; or
• repeatedly files pleadings, requests for relief, or other documents that have been the subject of previous rulings by the court in the same action; or
• 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
• has been previously found to be a vexatious litigant pursuant to this law or by another state court or a federal court.

Expanded Look-Back Period

While the number of pro se actions necessary to trigger designation as a vexatious litigant remains at five or more, the look-back period has been extended from five years to seven years. 

Expanded Case Coverage

The statute now extends to categories of cases previously excluded, explicitly including family law proceedings, small claims disputes, and adversary probate matters (as defined by Rule 5.025 of the Florida Probate Rules). In addition, the amended statute now explicitly provides that actions brought in good faith are not to be counted.

Expanded Scope of Litigants

The revised statute removes the prior limitation that a vexatious litigant designation could be tied only to plaintiffs or petitioners, and instead makes clear that any party—plaintiff or defendant—may now be designated as a vexatious litigant. The statute also removes a loophole that once exempted those litigants who switched to pro se after having attorney representation from avoiding the possibility of a vexatious litigant designation. 

Procedural Implications and Practical Impact

These amendments provide much needed relief to Florida's saturated court system and to parties faced with litigants who abuse the legal system. Importantly, because courts may now consider designations from state and federal jurisdictions outside of Florida, it will be more difficult for litigants with a history of abusive filings to start fresh simply by shifting venues. This also creates a more unified procedural framework, reducing the patchwork enforcement that previously let repeat filers slip through the cracks.

Likewise, because the definition of what conduct can warrant a vexatious litigant designation has expanded to include conduct like repeatedly filing unmeritorious pleadings, conducting unnecessary discovery, or engaging in other tactics that are frivolous or solely intended to cause unnecessary delay in any action, those pro se individuals who regularly abused the legal system but took a quick payout before any determination against them was made may now be held accountable and restricted from engaging in such behavior. However, it should be noted that judges are afforded some discretion in determining whether any of this conduct was done in “good faith” and, therefore, should not be taken into account. 

Attorneys who are faced with serial pro se litigants now have reasonable means to rein in such opponents and should strongly consider seeking relief to declare a pro se litigant vexatious when he or she engages in abusive tactics. Indeed, attorneys would be wise to conduct a thorough review of the opposing pro se party's litigation history early in the litigation process to look for patterns of vexatious behavior and evaluate whether preemptive measures are warranted. Further, given that actions taken in good faith are excluded by the statute, to increase the likelihood of obtaining a vexatious litigant designation against an opponent, attorneys should be mindful of the need to establish a record evidencing the litigant's malintent. 

Conclusion

Florida's overhaul of the vexatious litigant statute should have a significant and lasting effect. The new law pulls more case types into the net, lengthens the look-back period, and closes the loophole that once allowed determined filers to shift venues in search of a fresh start. At the same time, the revisions still preserve access to justice for legitimate claims. Practitioners and litigants alike should take note of these changes as they will likely influence both litigation strategy and the handling of repeat filers moving forward.

Footnote

1. Fla. Stat. § 68.093 (as amended by Ch. 2025-128, Laws of Fla.). 

Originally published by The Florida Bar Labor & Employment Law Section's.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.