Florida Statutes
Fla. Stat. § 440.021 (2025)
Exemption of workers’ compensation from chapter 120.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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440.021 Exemption of workers’ compensation from chapter 120.—Workers’ compensation adjudications by judges of compensation claims are exempt from chapter 120, and no judge of compensation claims shall be considered an agency or a part thereof. Communications of the result of investigations by the department pursuant to s. 440.185(3) are exempt from chapter 120. In all instances in which the department institutes action to collect a penalty or interest which may be due pursuant to this chapter, the penalty or interest shall be assessed without hearing, and the party against which such penalty or interest is assessed shall be given written notice of such assessment and shall have the right to protest within 20 days of such notice. Upon receipt of a timely notice of protest and after such investigation as may be necessary, the department shall, if it agrees with such protest, notify the protesting party that the assessment has been revoked. If the department does not agree with the protest, it shall refer the matter to the judge of compensation claims for determination pursuant to s. 440.25(2)-(5). Such action of the department is exempt from the provisions of chapter 120.
History.—s. 15, ch. 77-290; s. 23, ch. 78-300; ss. 3, 124, ch. 79-40; ss. 6, 21, ch. 79-312; s. 4, ch. 81-119; s. 2, ch. 83-305; s. 43, ch. 89-289; s. 56, ch. 90-201; s. 52, ch. 91-1; s. 2, ch. 91-46; s. 90, ch. 2000-153; s. 12, ch. 2002-194; s. 1, ch. 2016-56.
Notes of Decisions
Cited in 10
cases (1 in the last 5 years), 1981–2026 · leading case: Piezo Tech. v. Smith, 413 So. 2d 121 (Fla. 1st DCA 1982).
Piezo Tech. v. Smith, 413 So. 2d 121 (Fla. 1st DCA 1982). “021 provides: Workers' compensation adjudications by deputy commissioners and the Industrial Relations Commission are exempt from chapter 120, and neither the deputy commissioners nor the Industrial Relations Commission shall be considered an agency or a part thereof.”
Smith v. Piezo Tech. & Prof. Adm'rs, 427 So. 2d 182 (Fla. 1983). “Section 440.021, Florida Statutes (1979), specifically exempts workers' compensation proceedings from the Administrative Procedure Act.”
Daniels v. Florida Parole & Prob. Comm'n, 401 So. 2d 1351 (Fla. 1st DCA 1981). “[3] Compare, for example, Section 440.021's exemption of workers' compensation adjudications from Chapter 120.”
Terners of Miami Corp. v. Freshwater, 599 So. 2d 674 (Fla. 1st DCA 1992). “57 proceedings since 1977, in that Section 440.021, Florida Statutes, expressly exempts workers' compensation adjudications entered by judges of compensation claims from the provisions of chapter 120.”
Ortega v. Owens-Corning Fiberglas Corp., 409 So. 2d 530 (Fla. 1st DCA 1982). “Section 440.021, Florida Statutes (1981), exempts proceedings on workers' compensation claims from chapter 120.”
State, Dept. of Labor & Emp. Sec. v. Summit Consulting, Inc., 594 So. 2d 862 (Fla. 2d DCA 1992). “The Department advised Summit that it was referring the matter to a judge of compensation claims pursuant to section 440.021, Florida Statutes (1989).”
Ring Power Corp. v. Campbell, 697 So. 2d 203 (Fla. 1st DCA 1997). “1996) and § 440.021, Fla. Stat. (1995), the Division of Workers' Compensation within the Department of Labor and Employment Security is subject to the Administrative Procedure Act, with exceptions not pertinent here.”
Mitchell v. Dep't of Health & Rehabilitative Servs., 439 So. 2d 943 (Fla. 1st DCA 1983). “003 contains definitions of both the “practice of professional nursing,” and the “practice of practical nursing,” and § 440.021(8) defines the prohibited “nursing service” as all service “rendered .”
Alachua Cnty. Sch. Bd. v. Off. OF the STATE, Chief Fin. Officer for the Dep't of Fin. Servs., Div. of Worker's Comp., 138 So. 3d 480 (Fla. 1st DCA 2014). “According to the School Board, DFS lacked jurisdiction to issue the Final Order in this case because § 440.021 requires matters involving disputed penalties to be referred to the JCC.”
Estes v. Palm Beach Cnty. Sch. Dist., Davies Claims North Am., Inc. (Fla. 1st DCA 2026). “See § 440.021, Fla. Stat. (exempting workers’ compensation adjudications from chapter 120, stating “no judge of compensation claims shall be considered an agency or a part thereof”).”
— 440.021(8) — 1 case
Mitchell v. Dep't of Health & Rehabilitative Servs., 439 So. 2d 943 (Fla. 1st DCA 1983). “003 contains definitions of both the “practice of professional nursing,” and the “practice of practical nursing,” and § 440.021(8) defines the prohibited “nursing service” as all service “rendered .”
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