No cap at all, unless it's medical malpractice
Outside medical malpractice, Florida imposes no statutory cap on the contingency fee percentage — the fee is set entirely by private agreement between attorney and client. 33.3%, or one-third, is a commonly used figure.
Medical malpractice: a limit written into the Constitution itself
This is where Florida is genuinely unlike almost every other state. In 2004, Florida voters approved Article I, Section 26 of the Florida Constitution — the "Medical Liability Claimant's Compensation Amendment." It guarantees that a claimant in a medical liability case must receive at least 70% of the first $250,000 in damages and at least 90% of anything above that, meaning the attorney's fee is capped at 30% of the first $250,000 and 10% of the balance. Because this limit sits in the Constitution, not a statute, the legislature can't simply repeal or adjust it — changing it would require another constitutional amendment.
A real, documented waiver option
A client can knowingly and voluntarily waive this constitutional protection in writing, after the attorney discloses the provision and the client's right to seek representation elsewhere. Some Florida attorneys do ask clients to waive the limit in complex cases, though doing so gives up a right the Florida Constitution specifically guarantees.
What else comes out before you do
Case costs — expenses the attorney typically advances during litigation, like expert witness fees, filing fees, and the cost of gathering medical records — are generally reimbursed from the settlement. If Medicare, Medicaid, or a private health insurer has an outstanding lien for medical treatment related to the injury, that amount is also repaid before you receive your net share.