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Florida Statute 440.021 | Lawyer Caselaw & Research
F.S. 440.021 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 440.021

The 2023 Florida Statutes (including Special Session C)

Title XXXI
LABOR
Chapter 440
WORKERS' COMPENSATION
View Entire Chapter
F.S. 440.021
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be necessary, the department shall, if it agrees with such protest, notify the protesting party that the assessment has been revoked.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.

F.S. 440.021 on Google Scholar

F.S. 440.021 on Casetext

Amendments to 440.021


Arrestable Offenses / Crimes under Fla. Stat. 440.021
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 440.021.



Annotations, Discussions, Cases:

Cases from cite.case.law:

ALACHUA COUNTY SCHOOL BOARD v. OFFICE OF STATE CHIEF FINANCIAL OFFICER FOR DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF WORKER S COMPENSATION,, 138 So. 3d 480 (Fla. Dist. Ct. App. 2014)

. . . penalty without first referring its case to a judge of compensation claims (JCC) pursuant to section 440.021 . . . audit report-focused review process as contemplated in § 440.525(3) (an APA-based process) and a § 440.021 . . . Conversely, § 440.525, subsection Jp, and § 440.021, when read together, provide for a different review . . . See §§ 440.525(4), 440.021, Fla. Stat. C. . . . Section 440.021 states in relevant part: In all instances in which the department institutes action to . . .

RING POWER CORPORATION v. CAMPBELL,, 697 So. 2d 203 (Fla. Dist. Ct. App. 1997)

. . . (Supp.1996) and § 440.021, Fla. . . .

TERNERS OF MIAMI CORP. v. M. FRESHWATER, 599 So. 2d 674 (Fla. Dist. Ct. App. 1992)

. . . moreover has had exclusive jurisdiction to conduct such 120.57 proceedings since 1977, in that Section 440.021 . . .

STATE DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, v. SUMMIT CONSULTING, INC. a, 594 So. 2d 862 (Fla. Dist. Ct. App. 1992)

. . . advised Summit that it was referring the matter to a judge of compensation claims pursuant to section 440.021 . . .

G. LAMOUNETTE, D. C. M. D. C. P. A. v. M. AKINS,, 547 So. 2d 1001 (Fla. Dist. Ct. App. 1989)

. . . .-171(2)(d); 120.52(l)(c); 440.021; and 440.-45(3). Fla.Stat. (1987). . . .

MITCHELL, d b a s v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 439 So. 2d 943 (Fla. Dist. Ct. App. 1983)

. . . definitions of both the “practice of professional nursing,” and the “practice of practical nursing,” and § 440.021 . . .

SMITH, v. PIEZO TECHNOLOGY AND PROFESSIONAL ADMINISTRATORS,, 427 So. 2d 182 (Fla. 1983)

. . . Section 440.021, Florida Statutes (1979), specifically exempts workers’ compensation proceedings from . . .

PIEZO TECHNOLOGY Co. Co. v. SMITH,, 413 So. 2d 121 (Fla. Dist. Ct. App. 1982)

. . . Section 440.021, Florida Statutes (1979), does not expressly exclude determinations made under Section . . . Section 440.021 provides: Workers’ compensation adjudications by deputy commissioners and the Industrial . . . discharged is not one that is barred under Chapter 120 by the proscriptive language of either Section 440.021 . . . summarize, in my judgment a claimant is not precluded by the exclusionary language of either Section 440.021 . . . 120.565 provides for declaratory statements by way of agency opinion and final agency action; however, § 440.021 . . .

M. ORTEGA, v. OWENS- CORNING FIBERGLAS CORPORATION,, 409 So. 2d 530 (Fla. Dist. Ct. App. 1982)

. . . Section 440.021, Florida Statutes (1981), exempts proceedings on workers’ compensation claims from chapter . . .