Searcy, Denney, Scarola, Barnhart & Shipley, etc. v. State of Florida

Summary

The Florida Supreme Court reviewed whether a legislative claims bill could limit attorneys’ fees paid from a guardianship trust established to compensate a child injured by governmental medical negligence. The Court held that the limitation was inconsistent with section 768.28, Florida Statutes, and unconstitutionally impaired the preexisting contingency-fee contract because it substantially restricted the recovery reasonably expected under the statutory fee limit. The Court answered the certified question in the negative when the limitation impairs an existing contract.

Holdings

1. A claims-bill provision limiting attorneys' fees to $100,000 is unconstitutional when it substantially impairs a preexisting contract for attorneys' fees and the State has not shown that the impairment is reasonable and necessary to serve an important public purpose.
2. Section 768.28(8)'s 25-percent fee limitation applies to amounts recovered through a legislative claims bill under section 768.28(5), not merely to amounts paid in the original judicial proceeding.
3. The unconstitutional fee limitation is severable from the claims bill, leaving the compensation provisions in effect.
4. Gamble v. Wells is not dispositive because the enactment of section 768.28 and related legislative procedures changed the legal and factual circumstances underlying the prior decision.

Questions Presented

1. Whether a legislative claims bill may constitutionally limit attorneys' fees paid from a guardianship trust when the limitation substantially impairs a preexisting fee contract.
2. Whether section 768.28(8), Florida Statutes, permits attorneys' fees of up to 25 percent of amounts recovered through the legislative claims-bill process.
3. Whether the unconstitutional fee limitation may be severed from the remainder of the claims bill.

Disposition

quashed