Florida Statute 440.32 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

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F.S. 440.32

440.32 Cost in proceedings brought without reasonable ground.—

(1) If the judge of compensation claims or any court having jurisdiction of proceedings in respect of any claim or compensation order determines that the proceedings in respect of such claim or order have been instituted or continued without reasonable ground, the cost of such proceedings shall be assessed against the party who has so instituted or continued the proceedings.

(2) If the judge of compensation claims or any court having jurisdiction of proceedings in respect to any claims or defense under this section determines that the proceedings were maintained or continued frivolously, the cost of the proceedings, including reasonable attorney’s fees, shall be assessed against the offending attorney. If a penalty is assessed under this subsection, a copy of the order assessing the penalty must be forwarded to the appropriate grievance committee acting under the jurisdiction of the Supreme Court. Penalties, fees, and costs awarded under this provision may not be recouped from the party.

(3) Every pleading, motion, and other paper of a party represented by an attorney shall be signed by at least one attorney of record in the attorney’s individual name, whose address shall be stated. The signature of an attorney constitutes a certificate by the signer that the signer has read the pleading, motion, or other paper; that to the best of the signer’s knowledge, information, and belief formed after reasonable inquiry it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. If a pleading, motion, or other paper is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of the pleader or movant. If a pleading, motion, or other paper is signed in violation of this section, the judge of compensation claims or any court having jurisdiction of proceedings, upon motion or upon its own initiative, shall impose upon the person who signed it an appropriate sanction, which may include an order to pay to the other party or parties the amount of the reasonable expenses incurred because of the filing of the pleading, motion, or other paper, including a reasonable attorney’s fee.

History.—s. 32, ch. 17481, 1935; CGL 1936 Supp. 5966(32); s. 1, ch. 63-283; ss. 17, 35, ch. 69-106; s. 16, ch. 75-209; s. 23, ch. 78-300; ss. 25, 124, ch. 79-40; s. 21, ch. 79-312; s. 12, ch. 80-236; s. 43, ch. 89-289; s. 56, ch. 90-201; s. 52, ch. 91-1; s. 9, ch. 91-46; s. 33, ch. 93-415.

F.S. 440.32 on Google Scholar

F.S. 440.32 on Casetext

Amendments to 440.32

Arrestable Offenses / Crimes under Fla. Stat. 440.32

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 440.32.

Annotations, Discussions, Cases:

Cases Citing Statute 440.32

Total Results: 17

Patricia Phillips v. Leon County Public Works and Preferred Government Claims Solutions and Mary Elizabeth Cruickshank

Court: Fla. Dist. Ct. App. | Date Filed: 2019-07-09T00:53:00-07:00

Snippet: of section 440.32(3). In fact, the rule is identified as an implementation of section 440.32 along with…hearing, her motion for sanctions under section 440.32(3), Florida Statutes (2017). Claimant alleges that…denial contrary to the statutory language of section 440.32(3) and based on an improper application of the … motion requested sanctions pursuant to section 440.32(3), which states: The signature of an attorney… 3 asserted, among other points, that section 440.32(3) is not a prevailing party provision and that

Victor Soca v. Advanced Auto Parts and Sedgwick Claims etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2016-02-22T00:00:00-08:00

Citation: 185 So. 3d 1258

Snippet: sanctions was made, under authority of section 440.32, Florida Statutes (2009), which permits taxation…the safe-harbor provision meaningless and section 440.32 toothless. The JCC added a second ground for…for modification or extension of existing law, § 440.32, Fla. Stat. (2009). REVERSED and REMANDED

Deborah O'Connor v. North Okaloosa Medical Center

Court: Fla. Dist. Ct. App. | Date Filed: 2014-12-11T00:00:00-08:00

Citation: 152 So. 3d 843

Snippet: of MMI; the petition necessarily, under section 440.32(3), Florida Statutes (2004), averred, that Claimant

PHILLIP S. LANE v. Workforce Business Services, Inc. etc., etal

Court: Fla. Dist. Ct. App. | Date Filed: 2014-11-11T00:00:00-08:00

Citation: 151 So. 3d 537

Snippet: for frivolous claims and defenses under section 440.32, Florida Statutes (2011). Furthermore, section

Bergstein v. Palm Beach County School Board

Court: Fla. Dist. Ct. App. | Date Filed: 2012-08-17T00:00:00-07:00

Citation: 97 So. 3d 878

Snippet: binding legal concession, by operation of section 440.32(3), Florida Statutes, and it waived any challenge

Kaloustian v. Tampa Armature Works, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2009-02-27T00:00:00-08:00

Citation: 5 So. 3d 753

Snippet: for awarding costs was section 440.32, Florida Statutes. Section 440.32(1) provides for an award of costs…continued without reasonable ground...." Section 440.32(2) provides for an award of costs if the JCC "…erred in not awarding costs pursuant to section 440.32, Florida Statutes, the error was invited by the

Murillo v. Tri-State Employment Services, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2006-03-03T00:00:00-08:00

Citation: 925 So. 2d 376

Snippet: Appellee, Travelers Insurance Co., pursuant to section 440.32(2), Florida Statutes (2002). That statute provides

Amendments to the Florida Rules of Workers' Compensation Procedure

Court: Fla. | Date Filed: 2002-09-19T00:00:00-07:00

Citation: 829 So. 2d 791

Snippet: determine if the requirements of sections 440.192 and 440.32(3), Florida Statutes, have been met and the matters…petition were well grounded as required under section 440.32(3), Florida Statutes, is not a final determination…for a motion to impose a sanction under section 440.32(3), Florida Statutes. RULE 4.030. FILING AND SERVICE…imposed or punitive actions authorized under sections 440.32 and 440.33, Florida Statutes, may be initiated.

Amendments to the Florida Rules of Workers' Compensation Procedure

Court: Fla. | Date Filed: 2000-10-12T00:00:00-07:00

Citation: 795 So. 2d 863

Snippet: imposed or punitive actions authorized under sections 440.32 and 440.33, Florida Statutes, may be initiated.…imposed or punitive actions authorized under sections 440.32 and 440.33, Florida Statutes, may be initiated.

In re Amendments to the Florida Rules of Workers' Compensation Procedure

Court: Fla. | Date Filed: 1996-05-16T00:00:00-07:00

Citation: 674 So. 2d 631

Snippet: matters with those in the court system. Section 440.32(3), Florida Statutes, requires that every pleading…determine if the requirements of sections 440.192 and 440,32(3), Florida Statutes, have been met and the matters…petition were well grounded as required under section 440.32(3), Florida Statutes, is not a final determination…for a motion to impose a sanction under section 440.32(3), Florida Statutes. RULE 4.030. FILING AND SERVICE…imposed or punitive actions authorized under sections 440.32 and 440.33, Florida Statutes, may be initiated.

Giordano v. City of Miami

Court: Fla. Dist. Ct. App. | Date Filed: 1988-05-27T00:53:00-07:00

Citation: 526 So. 2d 737

Snippet: its motion for fees and costs pursuant to section 440.32, Florida Statutes. While it is admitted by both

Primous v. Flagler Systems, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1985-10-24T00:00:00-07:00

Citation: 477 So. 2d 1057, 10 Fla. L. Weekly 2402, 1985 Fla. App. LEXIS 16502

Snippet: commissioner erred in assessing costs under section 440.32, Florida Statutes (1983), based on his finding

Dump All, Inc. v. Grossman

Court: Fla. Dist. Ct. App. | Date Filed: 1985-09-17T00:00:00-07:00

Citation: 475 So. 2d 976

Snippet: attorney’s fees and costs filed pursuant to Section 440.32 and 440.34, Florida Statutes (1981). We find that…in assessing costs against the E/C. See, Section 440.32, Florida Statutes (1981). REVERSED. SHIVERS and

W.W. Trucking Co. v. Boyd

Court: Fla. Dist. Ct. App. | Date Filed: 1984-10-16T00:00:00-07:00

Citation: 461 So. 2d 121

Snippet: 447 So.2d 979 (Fla. 1st DCA 1984) (same). Section 440.32(3), Florida Statutes (1981), by its terms requires

Albertini v. McDonald's

Court: Fla. Dist. Ct. App. | Date Filed: 1981-06-23T00:00:00-07:00

Citation: 400 So. 2d 160

Snippet: under Florida Statutes, Section 440.31 or Section 440.-32, neither of which require prior “authorization”

Bird v. Weinhardt

Court: Fla. Dist. Ct. App. | Date Filed: 1980-09-23T00:00:00-07:00

Citation: 393 So. 2d 4, 1980 Fla. App. LEXIS 18327

Snippet: order assessing costs against the claimant. Section 440.32, Florida Statutes (1978), provides: If the judge…assumption that the judge assessed costs pursuant to § 440.32, Florida Statutes. A close reading of the judge… futility of attempting to assess costs under § 440.32 and, after expressing a need for legislative attention…fully illuminates his reasoning: 4. Florida Statute 440.32 provides that a Judge of Industrial Claims may

Parrott v. City of Fort Lauderdale

Court: Fla. | Date Filed: 1966-06-29T00:00:00-07:00

Citation: 190 So. 2d 326, 1966 Fla. LEXIS 3294

Snippet: commission is authorized to tax other costs. Sections 440.32; 440.34(2). Thus, the principle of expressio unkis