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The 2025 Florida Statutes
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F.S. 440.32440.32 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.
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Annotations, Discussions, Cases:
Cases Citing Statute 440.32
Total Results: 15
5 So. 3d 753, 2009 Fla. App. LEXIS 1690, 2009 WL 500623
District Court of Appeal of Florida | Filed: Feb 27, 2009 | Docket: 1663398
Cited 2 times | Published
basis for awarding costs was section 440.32, Florida Statutes.
Section 440.32(1) provides for an award of
152 So. 3d 843, 2014 WL 7010433
District Court of Appeal of Florida | Filed: Dec 11, 2014 | Docket: 2614603
Cited 1 times | Published
date of MMI; the petition necessarily, under section 440.32(3), Florida Statutes (2004), averred, that
526 So. 2d 737, 13 Fla. L. Weekly 1283, 1988 Fla. App. LEXIS 2409, 1988 WL 55672
District Court of Appeal of Florida | Filed: May 27, 1988 | Docket: 1679685
Cited 1 times | Published
and its motion for fees and costs pursuant to section 440.32, Florida Statutes.
While it is admitted by
District Court of Appeal of Florida | Filed: Jul 9, 2019 | Docket: 15892177
Published
without
hearing, her motion for sanctions under section 440.32(3), Florida
Statutes (2017). Claimant alleges
185 So. 3d 1258
District Court of Appeal of Florida | Filed: Feb 22, 2016 | Docket: 3038327
Published
for sanctions was made, under authority of section 440.32, Florida Statutes (2009), which permits taxation
151 So. 3d 537, 2014 WL 5836805
District Court of Appeal of Florida | Filed: Nov 11, 2014 | Docket: 2595564
Published
fees for frivolous claims and defenses under section 440.32, Florida Statutes (2011). Furthermore, section
97 So. 3d 878, 2012 WL 3537820, 2012 Fla. App. LEXIS 13716
District Court of Appeal of Florida | Filed: Aug 17, 2012 | Docket: 60311992
Published
a binding legal concession, by operation of section 440.32(3), Florida Statutes, and it waived any challenge
925 So. 2d 376, 2006 Fla. App. LEXIS 3013, 2006 WL 503626
District Court of Appeal of Florida | Filed: Mar 3, 2006 | Docket: 64843434
Published
Appellee, Travelers Insurance Co., pursuant to section 440.32(2), Florida Statutes (2002). That statute provides:
829 So. 2d 791, 27 Fla. L. Weekly Supp. 795, 2002 Fla. LEXIS 1884, 2002 WL 31084673
Supreme Court of Florida | Filed: Sep 19, 2002 | Docket: 64818760
Published
petition were well grounded as required under section 440.32(3), Florida Statutes, is not a final determination
674 So. 2d 631, 21 Fla. L. Weekly Supp. 223, 1996 Fla. LEXIS 827, 1996 WL 268079
Supreme Court of Florida | Filed: May 16, 1996 | Docket: 64765026
Published
compensation matters with those in the court system.
Section 440.32(3), Florida Statutes, requires that every pleading
477 So. 2d 1057, 10 Fla. L. Weekly 2402, 1985 Fla. App. LEXIS 16502
District Court of Appeal of Florida | Filed: Oct 24, 1985 | Docket: 64615182
Published
commissioner erred in assessing costs under section 440.32, Florida Statutes (1983), based on his finding
475 So. 2d 976, 10 Fla. L. Weekly 2149, 1985 Fla. App. LEXIS 15855
District Court of Appeal of Florida | Filed: Sep 17, 1985 | Docket: 64614323
Published
attorney’s fees and costs filed pursuant to Section 440.32 and 440.34, Florida Statutes (1981). We find
461 So. 2d 121, 9 Fla. L. Weekly 2196, 1984 Fla. App. LEXIS 15487
District Court of Appeal of Florida | Filed: Oct 16, 1984 | Docket: 64608943
Published
447 So.2d 979 (Fla. 1st DCA 1984) (same). Section 440.32(3), Florida Statutes (1981), by its terms requires
400 So. 2d 160, 1981 Fla. App. LEXIS 20283
District Court of Appeal of Florida | Filed: Jun 23, 1981 | Docket: 64583426
Published
under Florida Statutes, Section 440.31 or Section 440.-32, neither of which require prior “authorization”
393 So. 2d 4, 1980 Fla. App. LEXIS 18327
District Court of Appeal of Florida | Filed: Sep 23, 1980 | Docket: 64579976
Published
order assessing costs against the claimant. Section 440.32, Florida Statutes (1978), provides:
If the
