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.