In a session that was extended from 60 days to 105 days, the Florida Legislature’s 2025 session brought several changes to existing law, with notable updates to the Vexatious Litigant Statute, judicial and court official security and judicial budget allocations.
Of particular relevance to local legal practitioners is the addition of two additional 4th Circuit Court judges and a new county judge in both Clay and Nassau counties.
Florida’s Vexatious Litigant Law (F.S. 68.093) was significantly broadened through House Bill 1559, which was signed into law by the governor June 6, 2025, and took effect on July 1, 2025.
The changes originated from recommendations made by the Workgroup on Vexatious Litigants created by Florida Supreme Court Chief Justice Carlos Muniz.
The revisions expanded the type of cases that the law applies to by including family law and small claims actions.
While the rule still includes civil and probate, it was narrowed to include only adversary probate proceedings pursuant to Rule 5.205 of the Florida Probate Rules.
In addition, the definition of who is a vexatious litigant was expanded. Vexatious litigants are defined first and foremost as pro se litigants.
Pro se litigants must have commenced, prosecuted or maintained five or more actions over a seven-year period, repeatedly relitigated an action which has been finally adversely determined against them, or repeatedly filed pleadings or other requests for relief which have been the subject of previous rulings in the same action.
It also includes an individual who files unmeritorious pleadings, requests for relief, or documents, conducts unnecessary discovery or engages in frivolous tactics that are solely intended to cause delay.
They can also be an individual who has previously been found to be a vexatious litigant by another court.
The statute now permits either party, not just defendants/respondents, to request a security bond when dealing with a vexatious litigant.
Likewise, sanctions may now be sought against a defending or responding party who had previously been determined to be a vexatious litigant and has been ordered and failed to post a security.
Those sanctions include denial of the vexatious litigant’s requested relief, striking of their pleadings or rendering a judgment of default against the vexatious litigant.
In response to growing concerns over the safety of court personnel, the Legislature passed House Bill 1049, titled Tampering with, Harassing, or Retaliating Against Court Officials.
This law establishes criminal penalties for individuals who intentionally threaten, harass or retaliate against judicial officers or personnel.
Covered individuals include judges, magistrates, child support hearing officers, judicial assistants, clerks, attorneys and even grand and petit jurors.
To qualify under the statute, the conduct must have been knowingly and intentionally made with the intent to obstruct justice or affect the outcome of an investigation or official proceeding.
Violations constitute a felony offense. House Bill 1049 was signed into law June 5, 2025, and becomes effective Oct. 1, 2025.
Attorneys should also be aware of upcoming amendments to Florida Statute 48.091 regarding service of process, as outlined in House Bill 157.
These revisions primarily affect business entities and registered agents by introducing updates to procedures and requirements for proper service. This bill also takes effect Oct. 1, 2025.
Florida’s 2025 legislative session introduced impactful changes for practitioners across multiple practice areas. Attorneys should carefully review these statutory updates to ensure compliance and best practices moving forward.
Magistrate K. Beth Luna is a 4th Judicial Circuit general magistrate currently assigned to Family, Dependency and Mental Health divisions in Clay County.