The Florida Supreme Court says lawmakers can’t cap attorney fees in so-called “claims bills.”
When a government entity loses a lawsuit worth more than 200 thousand dollars, the Legislature has to pass a claims bill to approve the payout. In 2012, the Legislature passed a claims bill awarding $15 million to a severely injured boy, and limited attorney fees in the case to just $100,000.
But by a 4-3 margin, the court ruled lawmakers don’t have the power to change the contract between plaintiffs and their attorneys. In this case, the law firm was to receive 25 percent of the award.
The plaintiff’s attorney argued that allowing lawmakers to cap fees would make it harder, if not impossible, for injured parties to find attorneys.