Fort Lauderdale Team Authors Florida Bar Article on Amendments to The State’s "Vexatious Litigant" Law

Fort Lauderdale, Fla. (October 10, 2025) – Fort Lauderdale Partner Nicole Vescova and Associate Kristin Mariani authored an article for The Florida Bar Labor & Employment Law Section’s publication, ‘The Checkoff,’ analyzing recent amendments to “vexatious litigant” laws.

This informative piece delves into the history of Florida’s vexatious litigant statute, first enacted in 2000 to tackle the issue of serial, meritless litigation by plaintiffs representing themselves and clogging up court dockets with frivolous lawsuits, causing potential delays in the judicial process. New legislation, which became effective on July 1 this year, has significantly broadened the scope of what constitutes a “vexatious litigant,” which should significantly lessen the burden on courts.

Specifically, the 2025 amendments have changed the definition of a vexatious litigant, expanded the look-back period from five years to seven years, and extended to categories of cases that were previously excluded such as family law proceedings, small claims disputes, and adversary probate matters. The statute also removes prior limitations that only plaintiffs could be designated as vexatious litigants, and now includes defendants.

According to the authors, “these amendments provide much needed relief to Florida’s saturated court system and to parties faced with litigants who abuse the legal system. Importantly, because courts may now consider designations from state and federal jurisdictions outside of Florida, it will be more difficult for litigants with a history of abusive filings to start fresh simply by shifting venues.”

Ms. Vescova regularly defends employers of all sizes and sectors against all types of employment claims asserted in federal and state courts, arbitration and administrative proceedings, including wage and hour claims; employment discrimination, harassment and retaliation claims; breach of contract claims, including breach of restrictive covenants; and claims regarding reasonable accommodations and leave of absence under federal and law family and medical leave laws.

Ms. Mariani handles cases before state and federal courts and before administrative agencies, including the Equal Employment Opportunity Commission and the Florida Commission on Human Relations, and counsels and represents clients in a broad range of employment matters.

Read the full article on Page 4 here.