Florida Statute 440.021 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

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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be necessary, the department shall, if it agrees with such protest, notify the protesting party that the assessment has been revoked.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 Citing Statute 440.021

Total Results: 20

Hernando County Sheriff's Office v. Sikalos

Court: District Court of Appeal of Florida | Date Filed: 2014-06-25

Citation: 141 So. 3d 1236, 2014 Fla. App. LEXIS 9624, 2014 WL 2874297

Snippet: account of pension benefits runs afoul of section 440.21, Florida Statutes (1993).’ Thus, once it is determined

Alachua County School Board v. OFFICE OF the STATE, Chief Financial Officer for the Department of Financial Services, Division of Worker's Compensation

Court: District Court of Appeal of Florida | Date Filed: 2014-03-27

Citation: 138 So. 3d 480, 2014 WL 1257131, 2014 Fla. App. LEXIS 4495

Snippet: compensation claims (JCC) pursuant to section 440.021 of the Florida Statutes. We disagree and affirm

City of Palm Bay v. Wells Fargo Bank, N.A.

Court: Supreme Court of Florida | Date Filed: 2013-05-16

Citation: 114 So. 3d 924, 38 Fla. L. Weekly Supp. 322, 2013 WL 2096257, 2013 Fla. LEXIS 1000

Snippet: benefits in contradiction to the provisions of section 440.21, Florida Statutes (1987). Because the workers’

Cabrera v. Outdoor Empire

Court: District Court of Appeal of Florida | Date Filed: 2013-02-18

Citation: 108 So. 3d 691, 2013 WL 598435, 2013 Fla. App. LEXIS 2508

Snippet: proscriptive treatment of settlements contained in section 440.21(2), Florida Statutes (“[a]n agreement by an employee

Elias v. WORLD WIDE CONCESSIONS, LLC

Court: District Court of Appeal of Florida | Date Filed: 2010-07-07

Citation: 41 So. 3d 304, 2010 Fla. App. LEXIS 10817

Snippet: the obligations set forth in such sections." § 440.21(a), Fla. Stat. (2007).

Sanders v. City of Orlando

Court: Supreme Court of Florida | Date Filed: 2008-12-18

Citation: 997 So. 2d 1089, 2008 WL 4346438

Snippet: revision added the following: (c) Notwithstanding s. 440.21(2), when a claimant is represented by counsel,

Vallecillo v. Bachiller Ironworks

Court: District Court of Appeal of Florida | Date Filed: 2008-04-23

Citation: 982 So. 2d 734, 2008 Fla. App. LEXIS 6300, 2008 WL 1805455

Snippet: compensation benefits was invalid. See §§ 440.20(11)(c) & 440.21(2), Fla. Stat. (2003). Accordingly, we reverse

Patco Transport, Inc. v. Estupinan

Court: District Court of Appeal of Florida | Date Filed: 2005-12-14

Citation: 917 So. 2d 922, 2005 Fla. App. LEXIS 19675, 2005 WL 3404387

Snippet: workers' compensation benefits. See §§ 440.20(11)(c), 440.21(2), Fla. Stat. *927 Because neither the release

Terry v. Board of Trustees

Court: District Court of Appeal of Florida | Date Filed: 2004-09-29

Citation: 885 So. 2d 916, 2004 Fla. App. LEXIS 14310, 2004 WL 2173337

Snippet: Trustees to calculate a set-off violated section 440.21(2), Florida Statutes. The circuit court disagreed

Ulico Cas. Co. v. Fernandez

Court: District Court of Appeal of Florida | Date Filed: 2002-07-01

Citation: 825 So. 2d 988, 2002 WL 1401695

Snippet: there was contrary to the provisions of section 440.21, Florida Statutes, which invalidates any agreement

City of Hollywood v. Lombardi

Court: Supreme Court of Florida | Date Filed: 2000-10-19

Citation: 770 So. 2d 1196, 25 Fla. L. Weekly Supp. 895, 2000 Fla. LEXIS 2039, 2000 WL 1535366

Snippet: reduction in compensation may be violative of section 440.21." Id. at 497. THE PERCENTAGE OF A PERCENTAGE ISSUE

HRS v. Pascual

Court: District Court of Appeal of Florida | Date Filed: 2000-03-06

Citation: 785 So. 2d 509, 2000 Fla. App. LEXIS 2189

Snippet: Lombardi, the JCC was instructed to consider section 440.21(1), Florida Statutes (1993),3 and the claimant’s

City of Hollywood v. Lombardi

Court: District Court of Appeal of Florida | Date Filed: 1999-08-05

Citation: 738 So. 2d 491, 1999 WL 569559

Snippet: AWW. Nevertheless, we are cognizant of section 440.21(1), Florida Statutes (1993), which prohibits "[a]ny

GAB Business Services, Inc. v. Dixon

Court: District Court of Appeal of Florida | Date Filed: 1999-07-15

Citation: 739 So. 2d 637, 1999 Fla. App. LEXIS 9507, 1999 WL 496244

Snippet: in the offset calculation. [2] See also section 440.21(1), Florida Statutes (Supp.1994), which prohibits

Nolan v. Delta Airlines

Court: District Court of Appeal of Florida | Date Filed: 1999-05-05

Citation: 733 So. 2d 1076, 1999 WL 280805

Snippet: use for the 1989-1990 employment year. Section 440.21(2), Florida Statutes (1987) On appeal, claimant

Heric v. City of Ormond Beach

Court: District Court of Appeal of Florida | Date Filed: 1999-04-13

Citation: 728 So. 2d 1247, 1999 WL 202300

Snippet: compensation benefits. Relevant to this issue is section 440.21, Florida Statutes which states: (1) Any agreement

Ring Power Corp. v. Campbell

Court: District Court of Appeal of Florida | Date Filed: 1997-07-21

Citation: 697 So. 2d 203, 1997 WL 402111

Snippet: § 120.80(10)(b), Fla. Stat. (Supp.1996) and § 440.021, Fla. Stat. (1995), the Division of Workers' Compensation

Escambia County Sheriff's Dept. v. Grice

Court: Supreme Court of Florida | Date Filed: 1997-05-01

Citation: 692 So. 2d 896, 22 Fla. L. Weekly Supp. 234, 1997 Fla. LEXIS 596, 1997 WL 214014

Snippet: 252 (Fla.1989), this Court observed that section 440.21, Florida Statutes (1985),[1] precludes offsets

Williams v. CITY OF FORT WALTON

Court: District Court of Appeal of Florida | Date Filed: 1997-04-16

Citation: 691 So. 2d 580, 1997 WL 178842

Snippet: 440.15(12). [2] Claimant has not invoked section 440.21, Florida Statutes (1991), which confers broad powers

Ago

Court: Florida Attorney General Reports | Date Filed: 1996-09-30

Snippet: 4 Section 440.44, Fla. Stat. (1995). 5 Section 440.021, Fla. Stat. (1995). 6 See, Lee v. Florida Pine