Florida Statutes

Fla. Stat. § 440.03 (2025)

Application.

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440.03 Application.—Every employer and employee as defined in s. 440.02 shall be bound by the provisions of this chapter.

History.—s. 3, ch. 17481, 1935; CGL 1936 Supp. 5966(3); s. 1, ch. 70-148; s. 23, ch. 78-300; s. 124, ch. 79-40; s. 21, ch. 79-312; s. 43, ch. 89-289; s. 56, ch. 90-201; s. 52, ch. 91-1.

Notes of Decisions

Cited in 13 cases, 1954–2013 · leading case: Barragan v. City of Miami, 545 So. 2d 252 (Fla. 1989).

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Barragan v. City of Miami, 545 So. 2d 252 (Fla. 1989). · cites it 2× “02(12), Florida Statutes (1987), includes all political subdivisions of the state.”

City of Palm Bay v. Wells Fargo Bank, N.A., 114 So. 3d 924 (Fla. 2013). · cites it 2× “2d at 254 (citing § 440.03, Fla. Stat. (1987)). In Barragan , Chief Justice Ehrlich emphasized that, “The city should not be permitted to do indirectly that which it cannot do directly.”

Bifulco v. Patient Bus. & Fin. Servs., Inc., 39 So. 3d 1255 (Fla. 2010). · cites it 2× “” And section 440.03, Florida Statutes (2004), provides that “[e]very employer and employee as defined in s.”

Allen v. Est. of Carman, 281 So. 2d 317 (Fla. 1973). · cites it 4× “Pursuant to Fla. Stat. § 440.03 , F.S.A., which was repealed by Chapter 70-148, Laws of Florida, both employers and employees were empowered to waive coverage under the Act.”

Matrix Emp. Leasing, Inc. v. Hadley, 78 So. 3d 621 (Fla. 1st DCA 2011). · cites it 2× “15(3)(d) to assess and certify the injured worker's "permanent impairment," a condition that can have but one meaning under section 440.03(22): a condition existing "after the date of maximum medical improvement.”

Mullarkey v. Florida Feed Mills, Inc., 268 So. 2d 363 (Fla. 1972). · cites it 3× “[citations omitted]" In the instant case, the deceased had the option to accept or reject coverage at the time of employment, under authority of Fla. Stat. §§ 440.03 (1969), 440.05(2) (1969) and 440.”

Keith v. News & Sun Sentinel Co., 667 So. 2d 167 (Fla. 1995). · cites it 2× “§ 440.03, Fla. Stat. (1993). The legislature has specifically provided that an employee does not include an independent contractor.”

Schafrath v. Marco Bay Resort, Ltd., 608 So. 2d 97 (Fla. 1st DCA 1992). · cites it 3× “See § 440.03, Fla. Stat. (1969); Ch. 70-148, § 1, Laws of Florida.”

Gassner v. Bechtel Const., 702 So. 2d 548 (Fla. 1st DCA 1997). · cites it 2× “The statute manifests a clear intention to curtail or displace the jurisdiction of the Division of Workers' Compensation and its judges of compensation claims, when collective bargaining agreements meet the statutory criteria.”

United Parcel Serv. v. Welsh, 659 So. 2d 1234 (Fla. 5th DCA 1995). · cites it 2× “See § 440.03, Fla. Stat. (1991). In this case, there is no dispute that Welsh received worker's compensation benefits and that he continues to receive them.”

Hallal v. RDV Sports, Inc., 682 So. 2d 1235 (Fla. 5th DCA 1996). · cites it 2× “Section 440.03, Florida Statutes (1995), provides that every employer and every employee is bound by the provisions of the Workers' Compensation Law.”

Parker v. Hill, 72 So. 2d 820 (Fla. 1954). “Section 440.03, F.S.A. Every employer is liable for and is required to secure to employees the payments of the compensation provided in Section 440.”

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— 440.03(22) — 1 case

Matrix Emp. Leasing, Inc. v. Hadley, 78 So. 3d 621 (Fla. 1st DCA 2011). “15(3)(d) to assess and certify the injured worker's "permanent impairment," a condition that can have but one meaning under section 440.03(22): a condition existing "after the date of maximum medical improvement.”

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