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Florida Statute 440.32 | Lawyer Caselaw & Research
F.S. 440.32 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 440.32

The 2023 Florida Statutes (including Special Session C)

Title XXXI
LABOR
Chapter 440
WORKERS' COMPENSATION
View Entire Chapter
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 from cite.case.law:

SOCA, v. ADVANCED AUTO PARTS, 185 So. 3d 1258 (Fla. Dist. Ct. App. 2016)

. . . The motion for sanctions was made, under authority of section 440.32, Florida Statutes (2009), which . . . To conclude otherwise would render the safe-harbor provision meaningless and section 440.32 toothless . . . warranted by existing law or a good faith argument” for modification or extension of existing law, § 440.32 . . .

O CONNOR, v. NORTH OKALOOSA MEDICAL CENTER, 152 So. 3d 843 (Fla. Dist. Ct. App. 2014)

. . . (PTD) benefits based on the January 14, 2011, date of MMI; the petition necessarily, under section 440.32 . . .

S. LANE, v. WORKFORCE BUSINESS SERVICES, INC. f k a, 151 So. 3d 537 (Fla. Dist. Ct. App. 2014)

. . . sanctions and remedies which includes attorney’s fees for frivolous claims and defenses under section 440.32 . . .

BERGSTEIN, v. PALM BEACH COUNTY SCHOOL BOARD F. A., 97 So. 3d 878 (Fla. Dist. Ct. App. 2012)

. . . The E/C’s representation was a binding legal concession, by operation of section 440.32(3), Florida Statutes . . .

KALOUSTIAN, v. TAMPA ARMATURE WORKS, INC., 5 So. 3d 753 (Fla. Dist. Ct. App. 2009)

. . . The E/C contends the proper statutory basis for awarding costs was section 440.32, Florida Statutes. . . . Section 440.32(1) provides for an award of costs if the JCC “determines that the proceedings in respect . . . of such claim or order have been instituted or continued without reasonable ground.... ” Section 440.32 . . . Consequently, to the extent, if any, the JCC erred in not awarding costs pursuant to section 440.32, . . .

MURILLO, v. TRI- STATE EMPLOYMENT SERVICES, INC. Co., 925 So. 2d 376 (Fla. Dist. Ct. App. 2006)

. . . seeks review of a final order granting fees to Appellee, Travelers Insurance Co., pursuant to section 440.32 . . .

AMENDMENTS TO THE FLORIDA RULES OF WORKERS COMPENSATION PROCEDURE, 829 So. 2d 791 (Fla. 2002)

. . . shall review each petition and attachments to determine if the requirements of sections 440.192 and 440.32 . . . issue of whether the allegations contained in the petition were well grounded as required under section 440.32 . . . the petition for lack of an appropriate signature or for a motion to impose a sanction under section 440.32 . . . the hearing, sanctions under rule 4.150 may be imposed or punitive actions authorized under sections 440.32 . . .

AMENDMENTS TO THE FLORIDA RULES OF WORKERS COMPENSATION PROCEDURE, 795 So. 2d 863 (Fla. 2000)

. . . the hearing, sanctions under rule 4.150 may be imposed or punitive actions authorized under sections 440.32 . . . this hearing, sanctions under rule 4.150 may be imposed or punitive actions authorized under sections 440.32 . . .

In AMENDMENTS TO THE FLORIDA RULES OF WORKERS COMPENSATION PROCEDURE, 674 So. 2d 631 (Fla. 1996)

. . . Section 440.32(3), Florida Statutes, requires that every pleading be signed by the attorney of record . . . issue of whether the allegations contained in the petition were well grounded as required under section 440.32 . . . the petition for lack of an appropriate signature or for a motion to impose a sanction under section 440.32 . . . the hearing, sanctions under rule 4.150 may be imposed or punitive actions authorized under sections 440.32 . . . to create a uniform procedure to consider requests for sanctions relating to violations of section 440.32 . . .

GIORDANO, v. CITY OF MIAMI,, 526 So. 2d 737 (Fla. Dist. Ct. App. 1988)

. . . benefits, we deny the appellee’s motion to dismiss and its motion for fees and costs pursuant to section 440.32 . . .

E. PRIMOUS, v. FLAGLER SYSTEMS, INC. d b a, 477 So. 2d 1057 (Fla. Dist. Ct. App. 1985)

. . . However, I do not agree with the majority that the commissioner erred in assessing costs under section 440.32 . . . Section 440.32, Florida Statutes (1983) provides a Commissioner with the authority to assess costs against . . .

DUMP ALL, INC. s v. M. GROSSMAN,, 475 So. 2d 976 (Fla. Dist. Ct. App. 1985)

. . . Grossman’s requests for attorney’s fees and costs filed pursuant to Section 440.32 and 440.34, Florida . . . See, Section 440.32, Florida Statutes (1981). REVERSED. SHIVERS and BARFIELD, JJ., concur. . . . .

W. W. TRUCKING COMPANY RTC v. W. BOYD, W. W., 461 So. 2d 121 (Fla. Dist. Ct. App. 1984)

. . . Section 440.32(3), Florida Statutes (1981), by its terms requires that the first accident of two or more . . .

BIRD, v. WEINHARDT, Co., 393 So. 2d 4 (Fla. Dist. Ct. App. 1980)

. . . Section 440.32, Florida Statutes (1978), provides: If the judge of industrial claims, commission, or . . . The majority opinion proceeds on the assumption that the judge assessed costs pursuant to § 440.32, Florida . . . of his April 11, 1978 order, appears to recognize the futility of attempting to assess costs under § 440.32 . . . Florida Statute 440.32 provides that a Judge of Industrial Claims may assess the cost of any proceedings . . . such circumstances and subsequently refile it, but they do not involve an interpretation of Section 440.32 . . . anomalous result urged by claimant cannot have been intended by the legislature’s enactment of Section 440.32 . . . We conclude that Section 440.32 may logically be interpreted as authorizing the assessment of costs against . . .

W. PARROTT, v. CITY OF FORT LAUDERDALE,, 190 So. 2d 326 (Fla. 1966)

. . . Sections 440.32; 440.34(2). . . .

MARYLAND CASUALTY COMPANY, A CORPORATION, v. THE UNITED STATES, 91 Ct. Cl. 203 (Ct. Cl. 1940)

. . . legal rate asserted for 1925, and the principal and interest for the year 1920, the latter aggregating $440.32 . . .

MARYLAND CASUALTY CO. v. UNITED STATES, 32 F. Supp. 746 (Ct. Cl. 1940)

. . . legal rate asserted for 1925, and the principal and interest for the year 1920, the latter aggregating $440.32 . . .

Co. v., 9 B.T.A. 665 (B.T.A. 1927)

. . . corporation, appealed from determinations by the Commissioner of deficiencies of $1,163.76 for 1920, $440.32 . . .