Florida Statute 440.021 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

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necessary, the department shall, if it agrees with such protest, notify the protesting party that the assessment has been revoked.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

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Amendments to 440.021

Annotations, Discussions, Cases:

Cases Citing Statute 440.021

Total Results: 55

Smith v. Piezo Technology & Prof. Adm'rs

427 So. 2d 182

Supreme Court of Florida | Filed: Feb 3, 1983 | Docket: 2518061

Cited 107 times | Published

purpose of section 440.205 adjudications. Section 440.021, Florida Statutes (1979), specifically exempts

Mandico v. Taos Const., Inc.

605 So. 2d 850, 17 Fla. L. Weekly Supp. 445, 1992 Fla. LEXIS 1242, 1992 WL 158194

Supreme Court of Florida | Filed: Jul 9, 1992 | Docket: 1343653

Cited 75 times | Published

worker's compensation insurance in violation of section 440.21, Florida Statutes (1983). In their answer to

Barragan v. City of Miami

545 So. 2d 252, 1989 WL 38852

Supreme Court of Florida | Filed: Apr 20, 1989 | Docket: 160620

Cited 39 times | Published

COMPENSATION, PERMIT THE DEPUTY'S APPLICATION OF SECTION 440.21, FLORIDA STATUTES, TO AWARD COMPENSATION BENEFITS

Daniels v. Florida Parole & Probation Comm'n

401 So. 2d 1351

District Court of Appeal of Florida | Filed: Aug 19, 1981 | Docket: 1290044

Cited 32 times | Published

Report) at 195. [3] Compare, for example, Section 440.021's exemption of workers' compensation adjudications

City of Hollywood v. Lombardi

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

Supreme Court of Florida | Filed: Oct 19, 2000 | Docket: 1779060

Cited 25 times | Published

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

Escambia County Sheriff's Dept. v. Grice

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

Supreme Court of Florida | Filed: May 1, 1997 | Docket: 435636

Cited 22 times | Published

2d 252 (Fla.1989), this Court observed that section 440.21, Florida Statutes (1985),[1] precludes offsets

Brown v. SS Kresge Company, Inc.

305 So. 2d 191

Supreme Court of Florida | Filed: Oct 23, 1974 | Docket: 1512350

Cited 20 times | Published

allowable. We agree to the extent indicated herein. Section 440.21, Florida Statutes, provides that: "No agreement

Jewel Tea Company v. Florida Industrial Commission

235 So. 2d 289

Supreme Court of Florida | Filed: May 27, 1970 | Docket: 1721772

Cited 11 times | Published

contributed. This is contrary to Florida Statute § 440.21, F.S.A., which provides in part as follows: "No

City of Daytona Beach v. Amsel

585 So. 2d 1044, 1991 WL 167318

District Court of Appeal of Florida | Filed: Aug 30, 1991 | Docket: 1293875

Cited 10 times | Published

the Barragan decision, i.e., that pursuant to section 440.21, Florida Statutes, an employer is prohibited

City of Miami v. Knight

510 So. 2d 1069, 12 Fla. L. Weekly 1829

District Court of Appeal of Florida | Filed: Jul 29, 1987 | Docket: 1754256

Cited 9 times | Published

right to workers' compensation", invalid under Section 440.21(2), Florida Statutes. This question was specifically

William L. Judy, Cross-Appellee, Joyce Judy v. Tri-State Motor Transit Company, a Delaware Corporation, Cross-Appellant

844 F.2d 1496, 1988 U.S. App. LEXIS 6357, 1988 WL 39120

Court of Appeals for the Eleventh Circuit | Filed: May 16, 1988 | Docket: 979670

Cited 8 times | Published

coverage. 272 So.2d at 133. Although Fla.Stat.Ann. § 440.21 invalidates any agreement by an employee to pay

Piezo Technology v. Smith

413 So. 2d 121

District Court of Appeal of Florida | Filed: Apr 26, 1982 | Docket: 1344353

Cited 8 times | Published

agency opinion and final agency action; however, § 440.021 establishes that deputy commissioners are exempt

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

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

Supreme Court of Florida | Filed: May 16, 2013 | Docket: 60232017

Cited 7 times | Published

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

City of Miami v. Bell

634 So. 2d 163, 1994 WL 61399

Supreme Court of Florida | Filed: Mar 3, 1994 | Docket: 1472756

Cited 6 times | Published

We rejected the ordinance as contravening section 440.21, Florida Statutes (1987), which prohibits the

Terners of Miami Corp. v. Freshwater

599 So. 2d 674, 1992 WL 88870

District Court of Appeal of Florida | Filed: May 5, 1992 | Docket: 1483780

Cited 6 times | Published

such 120.57 proceedings since 1977, in that Section 440.021, Florida Statutes, expressly exempts workers'

Cooper Transp., Inc. v. Mincey

459 So. 2d 339

District Court of Appeal of Florida | Filed: Oct 23, 1984 | Docket: 1683259

Cited 6 times | Published

deny claim of lien based upon a violation of section 440.21, Florida Statutes (1981).[1] It further determined

City of Miami v. Burnett

596 So. 2d 478, 1992 Fla. App. LEXIS 3536, 1992 WL 59200

District Court of Appeal of Florida | Filed: Mar 24, 1992 | Docket: 1707705

Cited 5 times | Published

the City of Miami ordinance as contravening section 440.21, Florida Statutes (1987), the state law which

Chancey v. Florida Public Utilities

426 So. 2d 1140, 1983 Fla. App. LEXIS 18597

District Court of Appeal of Florida | Filed: Feb 8, 1983 | Docket: 1283354

Cited 5 times | Published

procedures used in this case did not violate Section 440.21, Florida Statutes (1979). We hold that Florida

Ortega v. Owens-Corning Fiberglas Corp.

409 So. 2d 530, 1982 Fla. App. LEXIS 19145

District Court of Appeal of Florida | Filed: Feb 10, 1982 | Docket: 1525396

Cited 5 times | Published

unavailable in chapter 440 appeals to this Court. Section 440.021, Florida Statutes (1981), exempts proceedings

Hoffkins v. City of Miami

339 So. 2d 1145

District Court of Appeal of Florida | Filed: Dec 1, 1976 | Docket: 1436671

Cited 5 times | Published

workmen's compensation law in contravention of Section 440.21(2), Florida Statutes, which provides: "(2)

City of Miami v. Bell

606 So. 2d 1183, 1992 Fla. App. LEXIS 9996, 1992 WL 222006

District Court of Appeal of Florida | Filed: Sep 16, 1992 | Docket: 131054

Cited 4 times | Published

claims to recover offsets taken in violation of section 440.21, regardless of whether the offsets are stated

GAB Business Services, Inc. v. Dixon

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

District Court of Appeal of Florida | Filed: Jul 15, 1999 | Docket: 644

Cited 3 times | Published

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

Williams v. CITY OF FORT WALTON

691 So. 2d 580, 1997 WL 178842

District Court of Appeal of Florida | Filed: Apr 16, 1997 | Docket: 1424095

Cited 3 times | Published

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

STATE, DEPT. OF LABOR AND EMPLOYMENT SECURITY v. Summit Consulting, Inc.

594 So. 2d 862, 1992 Fla. App. LEXIS 1905, 1992 WL 41521

District Court of Appeal of Florida | Filed: Mar 4, 1992 | Docket: 1486165

Cited 3 times | Published

a judge of compensation claims pursuant to section 440.021, Florida Statutes (1989). Summit then filed

City of Miami v. Barragan

517 So. 2d 99, 13 Fla. L. Weekly 59, 1987 Fla. App. LEXIS 11727, 1987 WL 3186

District Court of Appeal of Florida | Filed: Dec 22, 1987 | Docket: 383833

Cited 3 times | Published

COMPENSATION, PERMIT THE DEPUTY'S APPLICATION OF SECTION 440.21, FLORIDA STATUTES, TO AWARD COMPENSATION BENEFITS

Southwest Gulfcoast, Inc. v. Allan

513 So. 2d 219, 12 Fla. L. Weekly 2316

District Court of Appeal of Florida | Filed: Sep 24, 1987 | Docket: 1689551

Cited 3 times | Published

under chapter 440 is declared invalid by statute. § 440.21, Fla. Stat. (1983). Similarly it *227 would be

TRW, INC. v. Betts

407 So. 2d 377

District Court of Appeal of Florida | Filed: Dec 18, 1981 | Docket: 467228

Cited 3 times | Published

group plan, such a result being contrary to Section 440.21 which makes invalid any contribution by an

City of Hollywood v. Lombardi

738 So. 2d 491, 1999 WL 569559

District Court of Appeal of Florida | Filed: Aug 5, 1999 | Docket: 1502652

Cited 2 times | Published

exceed AWW. Nevertheless, we are cognizant of section 440.21(1), Florida Statutes (1993), which prohibits

Nolan v. Delta Airlines

733 So. 2d 1076, 1999 WL 280805

District Court of Appeal of Florida | Filed: May 5, 1999 | Docket: 1188887

Cited 2 times | Published

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

Champlovier v. City of Miami

667 So. 2d 315, 1995 WL 597204

District Court of Appeal of Florida | Filed: Dec 19, 1995 | Docket: 161505

Cited 2 times | Published

BENTON, J., dissenting. On the authority of section 440.21, Florida Statutes (1993), as construed in Barragan

City of Miami v. Jones

593 So. 2d 544, 1992 Fla. App. LEXIS 502, 1992 WL 10883

District Court of Appeal of Florida | Filed: Jan 17, 1992 | Docket: 446318

Cited 2 times | Published

preempted by the workers' compensation law and that section 440.21, Florida *546 Statutes, which provides that

City of Pensacola v. Winchester

560 So. 2d 1273, 1990 WL 48642

District Court of Appeal of Florida | Filed: Apr 18, 1990 | Docket: 1477696

Cited 2 times | Published

that a judge of compensation claims may apply section 440.21, Florida Statutes, to award an increase in

General Tel. Co. of Fla. v. Willcox

509 So. 2d 1270, 12 Fla. L. Weekly 1676

District Court of Appeal of Florida | Filed: Jul 10, 1987 | Docket: 2546083

Cited 2 times | Published

440, Florida Statutes requires consideration of § 440.21 Florida Statutes[1] and is within the jurisdiction

Ulico Cas. Co. v. Fernandez

825 So. 2d 988, 2002 WL 1401695

District Court of Appeal of Florida | Filed: Jul 1, 2002 | Docket: 1312316

Cited 1 times | Published

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

Heric v. City of Ormond Beach

728 So. 2d 1247, 1999 WL 202300

District Court of Appeal of Florida | Filed: Apr 13, 1999 | Docket: 1254408

Cited 1 times | Published

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

Ring Power Corp. v. Campbell

697 So. 2d 203, 1997 WL 402111

District Court of Appeal of Florida | Filed: Jul 21, 1997 | Docket: 1776889

Cited 1 times | Published

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

Giordano v. City of Miami

526 So. 2d 737, 13 Fla. L. Weekly 1283, 1988 Fla. App. LEXIS 2409, 1988 WL 55672

District Court of Appeal of Florida | Filed: May 27, 1988 | Docket: 1679685

Cited 1 times | Published

Industrial Commission, 235 So.2d 289 (Fla. 1970), or section 440.21, Florida Statutes (1985), from reducing a claimant's

Dept. of Highway Safety v. McBride

420 So. 2d 897

District Court of Appeal of Florida | Filed: Nov 9, 1982 | Docket: 1306887

Cited 1 times | Published

reasoned that a contrary holding would violate § 440.21, Florida Statutes, which provides that: No agreement

Boatright v. City of Jacksonville

334 So. 2d 339, 93 L.R.R.M. (BNA) 2909, 1976 Fla. App. LEXIS 15726

District Court of Appeal of Florida | Filed: Jun 23, 1976 | Docket: 64554338

Cited 1 times | Published

compensation under this chapter shall be valid. Section 440.21(2), Florida Statutes. No assignment, release

Bienvenido v. Fontainebleau Hotel

128 So. 2d 1, 1961 Fla. LEXIS 2411

Supreme Court of Florida | Filed: Mar 22, 1961 | Docket: 60196956

Cited 1 times | Published

addition to the foregoing, the claimant points to Section 440.21(2), Florida Statutes, F.S.A., which provides

Hernando County Sheriff's Office v. Sikalos

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

District Court of Appeal of Florida | Filed: Jun 25, 2014 | Docket: 60241772

Published

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

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

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

District Court of Appeal of Florida | Filed: Mar 27, 2014 | Docket: 60240672

Published

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

Cabrera v. Outdoor Empire

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

District Court of Appeal of Florida | Filed: Feb 18, 2013 | Docket: 60229201

Published

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

Elias v. WORLD WIDE CONCESSIONS, LLC

41 So. 3d 304, 2010 Fla. App. LEXIS 10817, 35 Fla. L. Weekly Fed. D 1525

District Court of Appeal of Florida | Filed: Jul 7, 2010 | Docket: 2396205

Published

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

Terry v. Board of Trustees

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

District Court of Appeal of Florida | Filed: Sep 29, 2004 | Docket: 64833883

Published

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

HRS v. Pascual

785 So. 2d 509, 2000 Fla. App. LEXIS 2189, 2000 WL 242770

District Court of Appeal of Florida | Filed: Mar 6, 2000 | Docket: 64805422

Published

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

Ago

Florida Attorney General Reports | Filed: Sep 30, 1996 | Docket: 3256820

Published

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

Ago

Florida Attorney General Reports | Filed: Sep 30, 1996 | Docket: 3256820

Published

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

Grice v. Escambia County Sheriff's Department

658 So. 2d 1208, 1995 Fla. App. LEXIS 8557, 1995 WL 478263

District Court of Appeal of Florida | Filed: Aug 15, 1995 | Docket: 64758166

Published

We begin our discussion by observing that Section 440.21, Florida Statutes, precludes any offset for

Barber v. City of Daytona Beach

614 So. 2d 669, 1993 Fla. App. LEXIS 2381, 1993 WL 53139

District Court of Appeal of Florida | Filed: Mar 2, 1993 | Docket: 64694638

Published

compensation claims has jurisdiction pursuant to section 440.21, Florida Statutes, to consider an award of

City of Miami v. McLean

605 So. 2d 953, 1992 Fla. App. LEXIS 10348, 1992 WL 240615

District Court of Appeal of Florida | Filed: Sep 30, 1992 | Docket: 64670115

Published

Jewel Tea Co., in which the court held that section 440.21, Florida Statutes, prevented a private employer

City of Miami v. Arostegui

606 So. 2d 1192, 1992 Fla. App. LEXIS 10164, 1992 WL 235325

District Court of Appeal of Florida | Filed: Sep 23, 1992 | Docket: 64670902

Published

Jewel Tea Co., in which the court held that section 440.21, Florida Statutes, prevented a private employer

Fleitas v. Today Trucking, Inc.

598 So. 2d 252, 1992 Fla. App. LEXIS 5081, 1992 WL 94154

District Court of Appeal of Florida | Filed: May 11, 1992 | Docket: 64667138

Published

and wage loss claims in this manner. While section 440.21(2) invalidates any agreement in which an employee

City of Miami v. Knight

596 So. 2d 104, 1992 Fla. App. LEXIS 2515, 1992 WL 48907

District Court of Appeal of Florida | Filed: Mar 11, 1992 | Docket: 64666218

Published

workers’ compensation otherwise invalid under section 440.21(2), Florida Statutes. However, in 1989, in

Mitchell v. Department of Health & Rehabilitative Services

439 So. 2d 943, 1983 Fla. App. LEXIS 22494

District Court of Appeal of Florida | Filed: Oct 11, 1983 | Docket: 64600280

Published

and the “practice of practical nursing,” and § 440.021(8) defines the prohibited “nursing service” as

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 440 in the context of workers' compensation claims and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.