The
2000 Florida Statutes
Title VI - CIVIL PRACTICE AND
PROCEDURE
Chapter 68 - Miscellaneous Proceedings
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68.093 Florida Vexatious Litigant
Law. |
(1) This section may be cited as
the "Florida Vexatious Litigant Law."
(2) As used in section, the term:
(a) "Action" means a civil action
governed by the Florida Rules of Civil
Procedure and proceedings governed by
the Florida Probate Rules, but does not
include actions concerning family law
matters governed by the Florida Family
Law Rules of Procedure or any action in
which the Florida Small Claims Rules
apply.
(b) "Defendant" means any person
or entity, including a corporation,
association, partnership, firm, or governmental
entity, against whom an
action is or was commenced or is sought
to be commenced.
(c) "Security" means an undertaking
by a vexatious litigant to ensure
payment to a defendant in an amount reasonably
sufficient to cover the
defendant's anticipated, reasonable expenses
of litigation, including
attorney's fees and taxable costs.
(d) "Vexatious litigant" means:
1. A person as defined in s. 1.01(3)
who, in the immediately preceding
5-year period, has commenced, prosecuted,
or maintained, pro se, five or more
civil actions in any court in this state,
except an action governed by the
Florida Small Claims Rules, which actions
have been finally and adversely
determined against such person or entity;
or
2. Any person or entity previously
found to be a vexatious litigant pursuant
to this section.
An action is not deemed to be "finally
and adversely determined" if an appeal
in that action is pending. 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 and the party does not
retain new counsel.
(3)(a) In any action pending in any
court of this state, including actions
governed by the Florida Small Claims Rules,
any defendant may move the court,
upon notice and hearing, for an order
requiring the plaintiff to furnish
security. The motion shall be based on
the grounds, and supported by a
showing, that the plaintiff is a vexatious
litigant and is not reasonably
likely to prevail on the merits of the
action against the moving defendant.
(b) At the hearing upon any defendant's
motion for an order to post
security, the court shall consider any
evidence, written or oral, by witness
or affidavit, which may be relevant to
the consideration of the motion. No
determination made by the court in such
a hearing shall be admissible on the
merits of the action or deemed to be a
determination of any issue in the
action. If, after hearing the evidence,
the court determines that the
plaintiff is a vexatious litigant and
is not reasonably likely to prevail on
the merits of the action against the moving
defendant, the court shall order
the plaintiff to furnish security to the
moving defendant in an amount and
within such time as the court deems appropriate.
(c) If the plaintiff fails to post
security required by an order of the
court under this section, the court shall
immediately issue an order
dismissing the action with prejudice as
to the defendant for whose benefit
the security was ordered.
(d) If a motion for an order to post
security is filed prior to the trial in
an action, the action shall be automatically
stayed and the moving defendant
need not plead or otherwise respond to
the complaint until 10 days after the
motion is denied. If the motion is granted,
the moving defendant shall
respond or plead no later than 10 days
after the required security has been
furnished.
(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 prohibiting a
vexatious litigant from commencing, pro
se, any new action in the courts of that
circuit without first obtaining
leave of the administrative judge of that
circuit. Disobedience of such an
order may be punished as contempt of court
by the administrative judge of
that circuit. Leave of court shall be
granted by the administrative judge
only upon a showing that the proposed
action is meritorious and is not being
filed for the purpose of delay or harassment.
The administrative judge may
condition the filing of the proposed action
upon the furnishing of security
as provided in this section.
(5) The clerk of the court shall
not file any new action by a vexatious
litigant pro se unless the vexatious litigant
has obtained an order from the
administrative judge permitting such filing.
If the clerk of the court
mistakenly permits a vexatious litigant
to file an action pro se in
contravention of a prefiling order, any
party to that action may file with
the clerk and serve on the plaintiff and
all other defendants a notice
stating that the plaintiff is a pro se
vexatious litigant subject to a
prefiling order. The filing of such a
notice shall automatically stay the
litigation against all defendants to the
action. The administrative judge
shall automatically dismiss the action
with prejudice within 10 days after
the filing of such notice unless the plaintiff
files a motion for leave to
file the action. If the administrative
judge issues an order permitting the
action to be filed, the defendants need
not plead or otherwise respond to the
complaint until 10 days after the date
of service by the 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.
(7) The relief provided under this
section shall be cumulative to any other
relief or remedy available to a defendant
under the laws of this state and
the Florida Rules of Civil Procedure,
including, but not limited to, the
relief provided under s. 57.105.
History.--s. 1, ch. 2000-314. |