Florida Statutes
Fla. Stat. § 440.32 (2025)
Cost in proceedings brought without reasonable ground.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 14
cases, 1980–2019 · leading case: In re Amendments to the Florida Rules of Workers' Comp. Procedure, 674 So. 2d 631 (Fla. 1996).
In re Amendments to the Florida Rules of Workers' Comp. Procedure, 674 So. 2d 631 (Fla. 1996). “It is adopted from Federal Rule of Civil Procedure 11, and the intent is to create a uniform procedure to consider requests for sanctions relating to violations of section 440.32, Florida Statutes. RULE 4.”
Kaloustian v. Tampa Armature Works, Inc., 5 So. 3d 753 (Fla. 1st DCA 2009). “The E/C contends the proper statutory basis for awarding costs was section 440.32, Florida Statutes. Section 440.”
Amendments to the Florida Rules of Workers' Comp. Procedure, 829 So. 2d 791 (Fla. 2002). “192, Florida Statutes, or on the issue of whether the allegations contained in the petition were well grounded as required under section 440.32(3), Florida Statutes, is not a final determination on either issue.”
Deborah O'Connor v. North Okaloosa Med. Ctr., 152 So. 3d 843 (Fla. 1st DCA 2014). “In September 2011, by which time all Claimant’s other treating medical professionals had also placed Claimant at MMI, Claimant filed a petition for permanent total disability (PTD) benefits based on the January 14, 2011, date of MMI; the petition necessarily, under section…”
Dump All, Inc. v. Grossman, 475 So. 2d 976 (Fla. 1st DCA 1985). “See, Section 440.32, Florida Statutes (1981). REVERSED.”
Bergstein v. Palm Beach Cnty. Sch. Bd., 97 So. 3d 878 (Fla. 1st DCA 2012). “The E/C’s representation was a binding legal concession, by operation of section 440.32(3), Florida Statutes, and it waived any challenge to the medical necessity of the care such as was asserted in Williams v.”
Victor Soca v. Advanced Auto Parts & Sedgwick Claims etc., 185 So. 3d 1258 (Fla. 1st DCA 2016). “warranted by existing law or a good faith argument” for modification or extension of existing law, § 440.32, Fla. Stat. (2009). REVERSED and REMANDED for further proceedings.”
Giordano v. City of Miami, 526 So. 2d 737 (Fla. 1st DCA 1988). “Because we find that claimant is making a good faith effort to resolve the alleged wrong of offsetting workers' compensation benefits against pension benefits, we deny the appellee's motion to dismiss and its motion for fees and costs pursuant to section 440.32, Florida…”
Patricia Phillips v. Leon Cnty. Pub. Works & Preferred Gov't Claims Solutions & Mary Elizabeth Cruickshank (Fla. 1st DCA 2019). “Section (2) refers to representations to the JCC and sets forth a detailed description of specific conduct which reiterates and expands on some of the provisions of section 440.”
Primous v. Flagler Sys., Inc., 477 So. 2d 1057 (Fla. 1st DCA 1985). “Section 440.32, Florida Statutes (1983) provides a Commissioner with the authority to assess costs against a party who institutes or continues a proceeding without “reasonable ground.”
Bird v. Weinhardt, 393 So. 2d 4 (Fla. 1st DCA 1980). “Those cases permit a party to dismiss a claim under such circumstances and subsequently refile it, but they do not involve an interpretation of Section 440.32, empowering a judge to assess costs against a party who has continued the proceeding “without reasonable ground.”
PHILLIP S. LANE v. Workforce Bus. Servs., Inc. etc., etal, 151 So. 3d 537 (Fla. 1st DCA 2014). “The essentially self-contained workers’ compensation law in chapter 440 already provides a host of specific sanctions and remedies which includes attorney’s fees for frivolous claims and defenses under section 440.32, Florida Statutes (2011). Furthermore, section 57.”
— 440.32(1) — 1 case
Kaloustian v. Tampa Armature Works, Inc., 5 So. 3d 753 (Fla. 1st DCA 2009). “The E/C contends the proper statutory basis for awarding costs was section 440.32, Florida Statutes. Section 440.”
— 440.32(2) — 2 cases
Kaloustian v. Tampa Armature Works, Inc., 5 So. 3d 753 (Fla. 1st DCA 2009). “The E/C contends the proper statutory basis for awarding costs was section 440.32, Florida Statutes. Section 440.”
Murillo v. Tri-State Emp. Servs., Inc., 925 So. 2d 376 (Fla. 1st DCA 2006).
— 440.32(3) — 6 cases
In re Amendments to the Florida Rules of Workers' Comp. Procedure, 674 So. 2d 631 (Fla. 1996). “It is adopted from Federal Rule of Civil Procedure 11, and the intent is to create a uniform procedure to consider requests for sanctions relating to violations of section 440.32, Florida Statutes. RULE 4.”
Amendments to the Florida Rules of Workers' Comp. Procedure, 829 So. 2d 791 (Fla. 2002). “192, Florida Statutes, or on the issue of whether the allegations contained in the petition were well grounded as required under section 440.32(3), Florida Statutes, is not a final determination on either issue.”
Deborah O'Connor v. North Okaloosa Med. Ctr., 152 So. 3d 843 (Fla. 1st DCA 2014). “In September 2011, by which time all Claimant’s other treating medical professionals had also placed Claimant at MMI, Claimant filed a petition for permanent total disability (PTD) benefits based on the January 14, 2011, date of MMI; the petition necessarily, under section…”
Bergstein v. Palm Beach Cnty. Sch. Bd., 97 So. 3d 878 (Fla. 1st DCA 2012). “The E/C’s representation was a binding legal concession, by operation of section 440.32(3), Florida Statutes, and it waived any challenge to the medical necessity of the care such as was asserted in Williams v.”
Patricia Phillips v. Leon Cnty. Pub. Works & Preferred Gov't Claims Solutions & Mary Elizabeth Cruickshank (Fla. 1st DCA 2019). “Section (2) refers to representations to the JCC and sets forth a detailed description of specific conduct which reiterates and expands on some of the provisions of section 440.”
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