The Reform of the Vexatious Litigant Law
Edited by Oleksandra Koliichuk
The History Behind Florida’s Vexatious Litigant Law
Florida’s legal system has been experiencing the effects of vexatious litigants for years (Siara and Holder). These litigants repeatedly try to burden the courts and opposing parties with unnecessary lawsuits and filings. Back in 2000, the Florida Legislature enacted Florida’s Vexatious Litigant Law (Fla. Stat. § 68.093 (2000)). The law aimed to limit how abusive litigants could take advantage of the court system by limiting the number of civil cases one could file in a given period. Although this law has been in use for the past twenty-five years, recent amendments have extended its utility and reduced vexatious behavior.
The Original Law and its Limitations
For the past twenty-five years, the application of this law has been difficult to achieve due to its requirements and limitations. The law requires that an individual must have commenced, prosecuted, or maintained five or more unsuccessful civil actions within a five-year period in which all cases were filed by a self-represented litigant (Fla. Stat. § 68.093 (2000)). These civil actions must have been finally and adversely deemed against the litigant or any person whom the court had already declared a vexatious litigant, as well as governed by the Florida Rules of Civil Procedure and Florida Probate Rules. Additionally, the law only applies to cases in Florida and excludes specific types of cases, including family and small claims cases (Fla. Stat. § 68.093 (2000)). If a plaintiff was found to be a vexatious litigant, the court was allowed to require security, the payment of money or another financial guarantee to cover the defendants’ expenses. The court is also able to prevent future lawsuits brought by the plaintiff, meaning that the litigant may be prohibited from filing new lawsuits without first receiving permission from the court (Fla. Stat. § 68.093 (2000)).
Additionally, litigants could sometimes find ways around the original law. For instance, although a litigant can be deemed vexatious after the failure of five lawsuits, a case would not count as self-represented if a litigant first hired a lawyer who later withdrew (Fla. Stat. § 68.093 (2000)). This loophole made it easy for litigants to work around the law by preventing courts and other parties from stopping these behaviors.
The Supreme Court’s Response to Vexatious Litigation
In December 2021, former Chief Justice Charles Canady established the Workgroup on Sanctions for Sham and Vexatious Litigation (Ash). In the Supreme Court Administrative Order, Canady defined sham and vexatious litigation as “legal proceedings that are unwarranted, inherently false, without good faith, or filed solely to harass the opposing party, [and] are burdensome and costly for the defendant” (Ash). He further explained how sham and vexatious litigation strain limited court resources and abuse the legal system.
The workgroup was given six months to review any rules and statutes, survey judges and court staff, and make recommendations regarding any rules or statutes that may need to be revised (Ash). The group found that Florida has several rules in place that courts and attorneys can use for these cases, but these rules are spread out across different laws, increasing potential confusion. The panel recommended four main things: educational training, better court procedures, possible rule changes, and possible law changes (Ash). The workgroup sought to implement these recommendations by training judges, attorneys, clerks, and court staff on the existing tools available to help manage improper lawsuits. Improving Florida’s electronic filing system was another major recommendation, as it would make it easier to identify people who have been restricted in what they can file (Ash). Additionally, clarifying court rules would help judges better understand how and when to deal with improper litigation. Finally, combining various Florida laws concerning improper litigation under one section would increase understanding and usage (Ash).
The 2025 Amendments to Florida’s Vexatious Law
Effective July 1, 2025, the Florida Legislature amended the Vexatious Litigant Law, ultimately expanding the control courts have over self-represented litigants (Siara and Holder). Following the Supreme Court of Florida’s Administrative Order, the Florida Legislature modified the Vexatious Litigant Law, widening its scope and increasing its effectiveness. In comparison to the 2000 Vexatious Litigation Law, the 2025 amendments extend the time frame in which courts can identify repeated improper filings of self-represented litigants from a five-year period to a seven-year period and add additional circumstances under which a person may be deemed a vexatious litigant (Siara and Holder). These include repeatedly attempting to relitigate matters they already decided, refiling documents that have already been ruled on, and submitting filings intended to cause unnecessary delay (Fla. Stat. § 68.093 (2025)). The amended law also broadened the types of cases that can be considered by including family law, small claims cases, and specific probate proceedings, as well as qualifying cases from other state and federal courts to be considered (Fla. Stat. § 68.093 (2025)).
Ultimately, what initially appears to be a simple problem can increasingly become worse when people find ways around existing rules. Florida’s 2025 amendments to the Vexatious Litigant Law address several limitations of the original 2000 statute. By expanding the court’s jurisdiction over a wider set of conduct and cases, these amendments give courts greater authority to contest abusive litigation. These changes also reflect Florida’s broader effort to protect limited judicial resources and reduce the burden that vexatious litigation places on opposing parties. As vexatious litigation remains a challenge for the judicial system, the 2025 amended law provides Florida courts with additional tools to combat these cases.