by Chris Cervellera, Esq.Florida’s Vexatious Litigant Law: Protection Against Repeated Frivolous Lawsuits
One of the more frustrating situations I encounter as a litigation attorney in Florida is defending clients against frivolous lawsuits filed by pro se litigants. While Florida’s courts are open to everyone, that access can sometimes be abused by individuals who use litigation as a means of harassment rather than a legitimate effort to resolve a dispute.
I recently represented a client in a dispute with a neighbor who filed a lawsuit that was ultimately dismissed with prejudice. Rather than accepting that result, the neighbor filed a second lawsuit based on substantially the same facts and allegations. That lawsuit was also dismissed with prejudice, and the court awarded attorney’s fees to my client.
At the conclusion of the hearing, I advised the Court that the Plaintiff was rapidly approaching the type of conduct and number of dismissed cases addressed by Florida’s Vexatious Litigant Law. The Judge was well aware of this pro se Plaintiff from his prior dismissed cases and advised the Plaintiff about the law. The experience raises an important question: At what point does a litigant cross the line from pursuing an unsuccessful claim to becoming a legally recognized “vexatious litigant” under Florida law?
What Is a Vexatious Litigant?
Florida adopted the Florida Vexatious Litigant Law, codified in Section 68.093, Florida Statutes, to address individuals who repeatedly misuse the court system through meritless, repetitive, or harassing litigation.
The statute is aimed primarily at pro se litigants—individuals representing themselves without an attorney—who repeatedly file lawsuits or court papers that lack merit or attempt to relitigate matters that have already been decided.
The law recognizes that while courts should remain open and accessible, the judicial system should not be used as a weapon to harass opponents or force them to repeatedly defend against claims that have already been resolved.
Who Can Be Declared a Vexatious Litigant?
Under Florida law, a pro se litigant may be deemed a vexatious litigant in several circumstances, including when the person:
- Has filed five or more actions within the preceding seven years that were finally determined against them;
- Repeatedly attempts to relitigate claims, issues, or disputes that have already been decided;
- Continues filing pleadings or motions that have already been ruled upon;
- Repeatedly files unmeritorious pleadings or engages in tactics intended solely to cause delay or harassment; or
- Has previously been declared a vexatious litigant by a Florida court, another state court, or a federal court.
Not every unsuccessful lawsuit qualifies. The focus is generally on repeated, abusive, or harassing litigation conduct rather than a single failed claim.
What Can the Court Do?
The statute provides several tools to protect parties from abusive litigation.
Security Requirements
A party may ask the court to require a vexatious litigant to post security before proceeding with a case. The security serves as a financial safeguard to cover anticipated attorney’s fees and litigation costs if the claims ultimately fail.
If the court determines that the litigant is a vexatious litigant and is unlikely to prevail on the merits, the court can order the posting of security.
If the required security is not posted, the consequences can be severe, including dismissal of the action.
Prefiling Orders
Perhaps the most significant remedy is a prefiling order.
A court may prohibit a vexatious litigant from filing new lawsuits within the circuit unless the litigant first obtains permission from the court.
To obtain that permission, the litigant must demonstrate that the proposed lawsuit has merit and is not being filed for purposes of harassment or delay.
If a prefiling order is entered, the clerk may refuse to accept future filings unless the required court approval has been obtained.
Registry of Vexatious Litigants
Florida also maintains a registry of vexatious litigants. Courts entering prefiling orders must provide copies to the Clerk of the Florida Supreme Court, which maintains the statewide registry. View Florida’s registry of vexatious litigants.
Other Remedies May Still Apply
The Vexatious Litigant Law is not the only remedy available.
Florida courts may also award attorney’s fees and impose sanctions under Section 57.105, Florida Statutes, and other applicable rules when claims or defenses are unsupported by the facts or law.
In many cases, attorney’s fee awards, sanctions, and dismissal of claims may be available long before a litigant meets the statutory definition of a vexatious litigant.
Final Thoughts
Most lawsuits are filed in good faith by people seeking a legitimate resolution to a dispute. However, when a person repeatedly files meritless lawsuits, attempts to relitigate issues that have already been decided, or uses the court system to harass an opponent, Florida law provides tools to protect both litigants and the judicial system.
If you are facing repeated lawsuits involving the same claims, or if you believe someone is abusing the legal process, it is important to evaluate all available remedies, including fee-shifting statutes, sanctions, and Florida’s Vexatious Litigant Law.
Every situation is different, and determining whether the statute applies requires a careful review of the litigation history and procedural posture of the cases involved.
by Chris Cervellera, Esq.Six Things You Should Know About Florida’s New “Anti-Squatter” Law
The ink is barely dry on Florida’s new “Anti-Squatter” law, and misinformation about what this law does and doesn’t do is at a fever pitch. Having someone on your property without your permission, whether it is your home, an investment property, or other real estate, can be a stressful and dangerous situation. This new law is a step in the right direction to give property owners more effective and efficient remedies and rights in these situations. However, it is essential to fully understand the laws that impact your rights as a property owner, including this new law (FULL TEXT – HB 621 – “An act relating to property rights; creating s. 82.036,”).
Let’s take a few minutes to discuss some essential aspects of this new law and clear up some misconceptions.
1.) The word “Squatter” is not even used in the law.
It’s funny how the media uses terms like “Squatters,” and the public then takes the term and applies it to a broad range of situations. Similar to other real property laws, this new law refers to “unauthorized persons” and “unauthorized occupants” but does not actually use or define the word “squatter.”
2.) This new law is not an alternative to evicting a former or current rental tenant.
The text of the new law is clear, and its remedies are only available if “(f) The unauthorized person or persons are not current or former tenants pursuant to a written or oral rental agreement authorized by the property owner.”
In recent months, the media has shown dramatic stories about long-term or short-term rental tenants who do not leave at the expiration of their rental term. This law does not apply in these cases, and the property owner may need to go through a formal eviction to assert their property rights and lawfully remove the past/current tenant. In Florida, we “evict” current tenants who are in breach of their lease or tenants hold over at the expiration of their lease.
3.) Sorry, but you probably cannot use this new law to remove your ex-boyfriend, ex-girlfriend, or mother-in-law.
If you permitted someone to enter and stay on your property, it can be reasonably argued that they had a lawful invitation to be there (e.g., girlfriend, boyfriend, mother-in-law, father-in-law, etc.). Therefore, it can be argued that this new law does not apply to situations like this because the law says the unauthorized person must have “unlawfully entered”—”(c) An unauthorized person or persons have unlawfully entered and remain or continue to reside on the property owner’s property.”
In these situations, when the property owner wants to remove an unauthorized occupant who is not a rental tenant, but that person claims to have a right to be on the property (i.e., they were told by the property owner that they could enter and stay), an “ejectment” action may be the most appropriate remedy for the property owner to pursue.
4.) This law does not apply to vacant land or commercial property without a residential dwelling.
If the real property in question does not have a “residential dwelling,” then this specific law will not apply—“(b) The real property that is being occupied includes a residential dwelling.” In these situations, when there is not a residential dwelling on the property (e.g., vacant land or commercial property), a “trespassing” complaint or an “unlawful detainer” action may be the most appropriate remedy for the property owner.
5.) Eight elements must be met for this new law to apply.
Above, I have discussed some elements for this new law to apply. However, in total, eight elements must be present. Additionally, when you make your complaint to law enforcement, you must sign a sworn statement (under penalty of perjury) that all of the following elements are satisfied:
- (a) The requesting person is the property owner or authorized agent of the property owner.
- (b) The real property that is being occupied includes a residential dwelling.
- (c) An unauthorized person or persons have unlawfully entered and remain or continue to reside on the property owner’s property.
- (d) The real property was not open to members of the public at the time the unauthorized person or persons entered.
- (e) The property owner has directed the unauthorized person to leave the property.
- (f) The unauthorized person or persons are not current or former tenants pursuant to a written or oral rental agreement authorized by the property owner.
- (g) The unauthorized person or persons are not immediate family members of the property owner.
- (h) There is no pending litigation related to the real property between the property owner and any known unauthorized person.
If one of the above elements is not met, then this new law does not apply. If you sign the sworn statement that all of these elements apply, and it is later proven they do not, you may be prosecuted for perjury under F.S. 837.02 and/or be civilly liable by the person who was removed from the property (see #5 below).
6.) The removed person has the right to sue you.
Welcome to America… and Florida! Think of this as physics, where every action (even legal action) has an equal and opposite reaction. According to this new law, “(6) A person may bring a civil cause of action for wrongful removal under this section. A person harmed by a wrongful removal under this section may be restored to possession of the real property and may recover actual costs and damages incurred, statutory damages equal to triple the fair market rent of the dwelling, court costs, and reasonable attorney fees. The court shall advance the cause on the calendar.”
You may be certain that the person was lawfully removed, and all of the elements of this new law were satisfied. However, this does not stop unreasonable people from bringing unreasonable lawsuits when there is no basis in law or fact, especially pro se (self-represented). In a situation like this, you still must defend yourself and prove your case (and that the suit against you was frivolous) or risk a default judgment.
Conclusion
In conclusion, the specific facts of each case and situation will vary and determine whether this new law will apply to you and your property. This article is provided for informational purposes and should not be considered legal advice or the creation of an attorney-client relationship.
If you are in immediate danger due to an authorized person on your property, you should immediately contact law enforcement. In other situations, contacting an experienced attorney to advise you of your legal property rights is also a reasonable and wise choice.
by Chris Cervellera, Esq.New Florida Laws in 2019: Minimum Wage Increase
As of January 2019, Florida’s current minimum wage of $8.25 per hour will be raised by 2.5 percent to $8.46. Florida’s minimum wage rates are not set by a new law each year, that would be difficult to accomplish. Instead, the Florida Minimum Wage Act (FL Stat. 448.110) gives authority to the Florida Department of Economic Opportunity (DEO) to set the new rates each year based on the Consumer Price Index for Urban Wage Earners and Clerical Workers, not seasonally adjusted, for the South Region.