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be necessary, the department shall, if it agrees with such protest, notify the protesting party that the assessment has been revoked.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: Fla. Dist. Ct. App. | Date Filed: 2014-06-25T00:00:00-07:00

Citation: 141 So. 3d 1236

Snippet: circumstance prohibited by section 440.21. The E/SA argues section 440.21 does not apply to the situation…account of pension benefits runs afoul of section 440.21, Florida Statutes (1993).’ Thus, once it is determined…employee-contributory, it would violate section 440.21 for workers’ compensation benefits to be reduced…738 So.2d 491, 498 (Fla. 1st DCA 1999)). Section 440.21, now as in 1993, invalidates “[a]ny agreement by

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

Court: Fla. Dist. Ct. App. | Date Filed: 2014-03-27T00:00:00-07:00

Citation: 138 So. 3d 480

Snippet: compensation claims (JCC) pursuant to section 440.021 of the Florida Statutes. We disagree and affirm…to issue the Final Order in this case because § 440.021 requires matters involving disputed penalties to…in § 440.525(3) (an APA-based process) and a § 440.021 review process before the JCC for resolving narrower…DFS. Conversely, § 440.525, subsection Jp, and § 440.021, when read together, provide for a different review…comports with legal requirements. See §§ 440.525(4), 440.021, Fla. Stat. C. Applied to this case, the School

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

Court: Fla. | Date Filed: 2013-05-16T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2013-02-18T00:00:00-08:00

Citation: 108 So. 3d 691

Snippet: proscriptive treatment of settlements contained in section 440.21(2), Florida Statutes (“[a]n agreement by an employee…benefits [is] invalid. See §§ 440.20(ll)(c) & 440.21(2), Fla. Stat. (2003).” Vallecillo, 982 So.2d at

Elias v. WORLD WIDE CONCESSIONS, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2010-07-07T00:00:00-07:00

Citation: 41 So. 3d 304

Snippet: obligations set forth in such sections." § 440.21(a), Fla. Stat. (2007). 1D09-5076 District

Sanders v. City of Orlando

Court: Fla. | Date Filed: 2008-12-18T00:00:00-08:00

Citation: 997 So. 2d 1089

Snippet: revision added the following: (c) Notwithstanding s. 440.21(2), when a claimant is represented by counsel, …Section 440.20(11)(c) reads: (c) Notwithstanding s. 440.21(2), when a claimant is represented by counsel,

Vallecillo v. Bachiller Ironworks

Court: Fla. Dist. Ct. App. | Date Filed: 2008-04-23T00:53:00-07:00

Citation: 982 So. 2d 734

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

Patco Transport, Inc. v. Estupinan

Court: Fla. Dist. Ct. App. | Date Filed: 2005-12-13T23:53:00-08:00

Citation: 917 So. 2d 922

Snippet: x27; compensation benefits. See §§ 440.20(11)(c), 440.21(2), Fla. Stat. *927 Because neither the release

Terry v. Board of Trustees

Court: Fla. Dist. Ct. App. | Date Filed: 2004-09-29T00:00:00-07:00

Citation: 885 So. 2d 916

Snippet: Trustees to calculate a set-off violated section 440.21(2), Florida Statutes. The circuit court disagreed… alternative method should be employed. Section 440.21(2), Florida Statutes, states “[a]n agreement by

Ulico Cas. Co. v. Fernandez

Court: Fla. Dist. Ct. App. | Date Filed: 2002-07-01T00:53:00-07:00

Citation: 825 So. 2d 988

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

City of Hollywood v. Lombardi

Court: Fla. | Date Filed: 2000-10-19T00:53:00-07:00

Citation: 770 So. 2d 1196

Snippet: interplay between section 440.21(1) and section 440.20(15). Section 440.21(1) prohibits an employee from… section 440.21, we do not reach the issue here. [16] Lombardi contends that section 440.21 is similar…reduction in compensation may be violative of section 440.21." Id. at 497. THE PERCENTAGE OF A PERCENTAGE…factor requires us to consider the effect of section 440.21(1), Florida Statutes (1993): No agreement by an…determined that "[u]nder state law, section 440.21 prohibits an employer from deducting workers'

HRS v. Pascual

Court: Fla. Dist. Ct. App. | Date Filed: 2000-03-06T00:00:00-08:00

Citation: 785 So. 2d 509

Snippet: Lombardi, the JCC was instructed to consider section 440.21(1), Florida Statutes (1993),3 and the claimant’…the issue raised in the amicus curiae brief. . 440.21. Invalid agreements; penally (1) No agreement by

City of Hollywood v. Lombardi

Court: Fla. Dist. Ct. App. | Date Filed: 1999-08-05T00:53:00-07:00

Citation: 738 So. 2d 491

Snippet: AWW. Nevertheless, we are cognizant of section 440.21(1), Florida Statutes (1993), which prohibits "…reduction in compensation may be violative of section 440.21. *498 Under the circumstances, we reverse and remand…exists, then we direct the JCC to consider section 440.21(1) and claimant's pro rata contributions to…account of pension benefits runs afoul of section 440.21, Florida Statutes (1993). Under Barragan v. City…supplies as required by this chapter." See § 440.21(1), Fla. Stat. (1993). 98-3186 District

GAB Business Services, Inc. v. Dixon

Court: Fla. Dist. Ct. App. | Date Filed: 1999-07-15T00:53:00-07:00

Citation: 739 So. 2d 637

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

Nolan v. Delta Airlines

Court: Fla. Dist. Ct. App. | Date Filed: 1999-05-05T00:53:00-07:00

Citation: 733 So. 2d 1076

Snippet: use for the 1989-1990 employment year. Section 440.21(2), Florida Statutes (1987) On appeal, claimant…waive her right to compensation contrary to section 440.21(2), Florida Statutes (1987). This statute provides…compensation under this chapter shall be valid." § 440.21(2), Fla. Stat. (1987). The employer/carrier acknowledge….2d 580, 581, n. 2 (Fla. 1st DCA 1997), section 440.21 exists "to redress employers' misapplication…Accordingly, we agree with the claimant that section 440.21(2) was violated in this case. Id. *1079 Further

Heric v. City of Ormond Beach

Court: Fla. Dist. Ct. App. | Date Filed: 1999-04-13T00:53:00-07:00

Citation: 728 So. 2d 1247

Snippet: compensation benefits. Relevant to this issue is section 440.21, Florida Statutes which states: (1) Any agreement…this court held that it was a violation of section 440.21(2), Florida Statutes to compel an employee to use….2d 580, 581, n. 2 (Fla. 1st DCA 1997), section 440.21 exists "to redress employers' misapplication

Ring Power Corp. v. Campbell

Court: Fla. Dist. Ct. App. | Date Filed: 1997-07-21T00:53:00-07:00

Citation: 697 So. 2d 203

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

Escambia County Sheriff's Dept. v. Grice

Court: Fla. | Date Filed: 1997-05-01T00:53:00-07:00

Citation: 692 So. 2d 896

Snippet: 252 (Fla.1989), this Court observed that section 440.21, Florida Statutes (1985),[1] precludes offsets …HARDING, WELLS and ANSTEAD, JJ., concur. NOTES [1] 440.21 Invalid agreements; penalty. (1) No agreement

Williams v. CITY OF FORT WALTON

Court: Fla. Dist. Ct. App. | Date Filed: 1997-04-16T00:53:00-07:00

Citation: 691 So. 2d 580

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

Ago

Court: Fla. Att'y Gen. | Date Filed: 1996-09-30T00:53:00-07:00

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