Florida: no cap, except in medical malpractice
For an ordinary personal injury case, Florida imposes no cap on the contingency fee percentage at all. The one real exception is medical malpractice, where Article I, Section 26 of the Florida Constitution guarantees the claimant at least 70% of the first $250,000 in damages and 90% above that.
How this differs from other medical malpractice fee-capping states
California and Delaware, among others, also cap medical malpractice attorney fees — but both do it through ordinary statute, which the legislature can amend through the normal lawmaking process. Florida's cap is different in kind: it's a constitutional provision, approved directly by voters through a 2004 citizen ballot initiative, not an act of the legislature.
Why that distinction isn't just technical
An ordinary statutory fee cap can be raised, lowered, or repealed the next time a legislature has the votes. Florida's constitutional cap can't be changed that way at all — it would take another constitutional amendment, approved by Florida voters directly, to modify or remove it. That's a genuinely higher bar, and it's part of why the provision has remained a subject of debate and litigation over its practical application since its adoption, even as the core limit itself has stayed in place.
A genuinely rare approach nationally
Enshrining a professional fee limit directly in a state constitution is uncommon. Most states that regulate medical malpractice attorney fees at all do so through statute — Florida's approach, won through direct voter initiative rather than legislative action, remains a distinctive outlier.