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: District Court of Appeal of Florida | Date Filed: 2019-07-09

Snippet: hearing, her motion for sanctions under section 440.32(3), Florida Statutes (2017). Claimant alleges that

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

Court: District Court of Appeal of Florida | Date Filed: 2016-02-22

Citation: 185 So. 3d 1258

Snippet: sanctions was made, under authority of section 440.32, Florida Statutes (2009), which permits taxation

Deborah O'Connor v. North Okaloosa Medical Center

Court: District Court of Appeal of Florida | Date Filed: 2014-12-11

Citation: 152 So. 3d 843, 2014 WL 7010433

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: District Court of Appeal of Florida | Date Filed: 2014-11-11

Citation: 151 So. 3d 537, 2014 WL 5836805

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

Bergstein v. Palm Beach County School Board

Court: District Court of Appeal of Florida | Date Filed: 2012-08-17

Citation: 97 So. 3d 878, 2012 WL 3537820, 2012 Fla. App. LEXIS 13716

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: District Court of Appeal of Florida | Date Filed: 2009-02-27

Citation: 5 So. 3d 753, 2009 Fla. App. LEXIS 1690, 2009 WL 500623

Snippet: for awarding costs was section 440.32, Florida Statutes. Section 440.32(1) provides for an award of costs

Murillo v. Tri-State Employment Services, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2006-03-03

Citation: 925 So. 2d 376, 2006 Fla. App. LEXIS 3013, 2006 WL 503626

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: Supreme Court of Florida | Date Filed: 2002-09-19

Citation: 829 So. 2d 791, 27 Fla. L. Weekly Supp. 795, 2002 Fla. LEXIS 1884, 2002 WL 31084673

Snippet: determine if the requirements of sections 440.192 and 440.32(3), Florida Statutes, have been met and the matters

Amendments to the Florida Rules of Workers' Compensation Procedure

Court: Supreme Court of Florida | Date Filed: 2000-10-12

Citation: 795 So. 2d 863, 25 Fla. L. Weekly Supp. 866, 2000 Fla. LEXIS 2275, 2000 WL 1508551

Snippet: 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: Supreme Court of Florida | Date Filed: 1996-05-16

Citation: 674 So. 2d 631, 21 Fla. L. Weekly Supp. 223, 1996 Fla. LEXIS 827, 1996 WL 268079

Snippet: matters with those in the court system. Section 440.32(3), Florida Statutes, requires that every pleading

Giordano v. City of Miami

Court: District Court of Appeal of Florida | Date Filed: 1988-05-27

Citation: 526 So. 2d 737, 13 Fla. L. Weekly 1283, 1988 Fla. App. LEXIS 2409, 1988 WL 55672

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: District Court of Appeal of Florida | Date Filed: 1985-10-24

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: District Court of Appeal of Florida | Date Filed: 1985-09-17

Citation: 475 So. 2d 976, 10 Fla. L. Weekly 2149, 1985 Fla. App. LEXIS 15855

Snippet: attorney’s fees and costs filed pursuant to Section 440.32 and 440.34, Florida Statutes (1981). We find that

W.W. Trucking Co. v. Boyd

Court: District Court of Appeal of Florida | Date Filed: 1984-10-16

Citation: 461 So. 2d 121, 9 Fla. L. Weekly 2196, 1984 Fla. App. LEXIS 15487

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: District Court of Appeal of Florida | Date Filed: 1981-06-23

Citation: 400 So. 2d 160, 1981 Fla. App. LEXIS 20283

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

Bird v. Weinhardt

Court: District Court of Appeal of Florida | Date Filed: 1980-09-23

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

Parrott v. City of Fort Lauderdale

Court: Supreme Court of Florida | Date Filed: 1966-06-29

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