The request is for City Council to approve Resolution 2017-05 urging the Florida Legislature to amend Chapter 440, Florida Statutes, reglating to workers' compensation.

The Florida Supreme Court has recently in two different decisions upheld that certain provisions in Sections 440.34 and 440.15, Florida Statutes, are unconstitutional.  On April 28, 2016, the Florida Supreme Court, in the matter of Castellanos v. Next Door Company, held that a strict cap for plaintiff’s attorneys’ fees provided by section 440.34, Florida Statutes, was unconstitutional and on on June 9, 2016 in the matter of Westphal v. City of St. Petersburg, held that a two-year period of temporary total disability benefits in section 440.15, Florida Statutes, was unconstitutional.  The City relies on a workers’ compensation system that has a cap on attorneys’ fees to prevent the unsavory and costly scenarios of paying more for the legal fees for a workers’ compensation case than the actual claim itself.  Since these two decisions were reached by the Florida Supreme Court after the end of the 2016 Legislative Session, the Florida Legislature has not yet be able to take any action to address these now-deemed unconstitutional sections of Chapter 440, Florida Statutes.  Therefore, the City has deemed it in its best interest to adopt a resolution urging the Florida Legislature to amend Chapter 440, Florida Statutes, to ensure that it is constitutionally valid, including: creating a cap on attorneys’ fees for workers compensation claims that, if necessary, allows limited judicial discretion.