Cases from cite.case.law:

MICCOSUKEE TRIBE OF INDIANS OF FLORIDA, v. BERMUDEZ,, 92 So. 3d 232 (Fla. Dist. Ct. App. 2012)

. . . Napoleoni countered that the Tribe had waived tribal immunity pursuant to section 440.04 of the Florida . . .

MICCOSUKEE TRIBE OF INDIANS, v. NAPOLEONI,, 890 So. 2d 1152 (Fla. Dist. Ct. App. 2004)

. . . Claimant countered that the Tribe had waived tribal immunity, pursuant to sections 440.04 by purchasing . . .

DEEN, Jr. v. QUANTUM RESOURCES, INC. Co., 750 So. 2d 616 (Fla. 1999)

. . . distinguished in that the provision of the Workers’ Compensation Law at issue in Mandico was section 440.04 . . . In this case, petitioner Deen was not a contractor with the ability to waive, under section 440.04, an . . .

GALEN OF FLORIDA, INC. v. BRANIFF, BAZLEY, M. D. v. BRANIFF,, 696 So. 2d 308 (Fla. 1997)

. . . However, under the “Waiver of Exemption” provision, section 440.04, Florida Statutes (1967), the employer . . . Rather, it was based on the plain language of section 440.04(3), Florida Statutes (1967), which expressly . . . Section 440.04(3), which is currently found at section 440.04(2), Florida Statutes (1995), provides: . . .

FCCI MUTUAL INSURANCE COMPANY, v. CAYCE S EXCAVATION, INC., 675 So. 2d 1028 (Fla. Dist. Ct. App. 1996)

. . . While section 440.04, Florida Statutes (1991), does allow for waiver of chapter 440 exclusions and exemptions . . .

J. PION, v. LIBERTY DAIRY COMPANY, a, 922 F. Supp. 48 (W.D. Mich. 1996)

. . . The court finds these expenses to be reasonable and and necessary, and will allow a total of $440.04 . . . following of the defendant and against costs in favor the plaintiff: Witness fees $ 624.00 Copying 440.04 . . .

PROCTOR GAMBLE CELLULOSE COMPANY, a v. K. MANN, Sr., 667 So. 2d 338 (Fla. Dist. Ct. App. 1995)

. . . The Mandico court interpreted section 440.04, Florida Statutes (1988), as granting an employer, which . . . The Mandico court stated: As we have recognized, the purpose and effect of section 440.04 is to “empower . . . employ or that Mann is P & G’s “employee not included in the definition of ‘employee’ ” under section 440.04 . . . Therefore, the provisions of section 440.04 as interpreted by Mandico have no applicability here. . . . between P & G and Watkins constitutes “procurement” of insurance by P & G sufficient to invoke section 440.04 . . .

LOWRY, v. G. LOGAN, 650 So. 2d 653 (Fla. Dist. Ct. App. 1995)

. . . They argue that under section 440.04(2), Florida Statutes (1991), the acceptance of a workers’ compensation . . . unilateral right to acquire workers’ compensation coverage for an independent contractor under section 440.04 . . . Under section 440.04, however, a party hiring a person who is excluded from the definition of “employee . . . Although appellees contend that they have complied with section 440.04 by purchasing a policy or contract . . . is no factual basis in the record on which appellees can establish a basis for reliance on section 440.04 . . .

GARCIA, v. AMERICAN AIRLINES, INC., 12 F.3d 308 (1st Cir. 1993)

. . . . § 440.04(2). See Mandico v. . . . Section 440.04(2) provides: When any policy or contract of insurance specifically secures the benefits . . .

MANDICO, v. TAOS CONSTRUCTION, INC., 605 So. 2d 850 (Fla. 1992)

. . . However, pursuant to section 440.04, Florida Statutes (1983), a person who is not otherwise considered . . . As we have recognized, the purpose and effect of section 440.04 is to “empower” an employer having in . . . Section 440.04, Florida Statutes (1983), provides in pertinent part: 440.04 Waiver of exemption.— (1) . . . compensation for an independent contractor for purposes of the waiver of exemption provisions of section 440.04 . . .

ILEY v. LINZEY,, 531 So. 2d 1361 (Fla. Dist. Ct. App. 1988)

. . . nevertheless such coverage could be effected by the employer’s election to be covered under section 440.04 . . .

COWAN, v. PRUDENTIAL INSURANCE COMPANY OF AMERICA,, 703 F. Supp. 196 (D. Conn. 1987)

. . . 10/01/79 569.73 10/08 600.87 10/15 569.73 10/22 554.32 10/29 632.14 11/05 1732.71 11/12 564.92 11/19 440.04 . . .

FLORIDA POWER LIGHT COMPANY, v. HUWER,, 508 So. 2d 489 (Fla. Dist. Ct. App. 1987)

. . . compensation benefits to Huwer as an otherwise allegedly non-covered employee as defined by Section 440.04 . . .

DE CENTENO, v. GULF FLEET CREWS, INC., 798 F.2d 138 (5th Cir. 1986)

. . . the maximum award permissible for the losses of support, services and nurture and guidance is $316,-440.04 . . .

SOUTHERN RACK AND LADDER, INC. Co. v. D. SEXTON,, 474 So. 2d 847 (Fla. Dist. Ct. App. 1985)

. . . However, § 440.04, Florida Statutes, relied upon by the deputy, provides that: (2) When any policy or . . . The corporate officer provisions of § 440.-05 and § 440.04(3) were enacted in 1974; § 440.04(2) pre-dates . . . But the statutes do not so provide, and § 440.04(2) expressly embraces “any person ... excluded or exempted . . . If the legislature had intended to restrict § 440.04(2) so as not to encompass exempted corporate officers . . . such intent should not be presumed in the face of the unlimited language of broad scope contained in § 440.04 . . .

FLORIDA TIMBER PRODUCTS, v. WILLIAMS,, 459 So. 2d 422 (Fla. Dist. Ct. App. 1984)

. . . Prior to the accident he elected to secure workers’ compensation coverage for himself pursuant to § 440.04 . . .

RUDOLPH, v. MIAMI DOLPHINS, LTD., 447 So. 2d 284 (Fla. Dist. Ct. App. 1983)

. . . Dolphins had not again served notice of its election to waive the statutory exemption pursuant to section 440.04 . . . Appellants’ argument on this point is predicated on section 440.04(2), Florida Statutes, which provides . . . Dolphins’ purchase thereof amounts to a waiver of the professional athlete exclusion under section 440.04 . . .

VALLINA, v. VICTOR FUEGO CONSTRUCTION CO. Co., 443 So. 2d 320 (Fla. Dist. Ct. App. 1983)

. . . no pertinent precedent or persuasive reasoning for that view, or for the alternative reliance upon § 440.04 . . .

GULFSTREAM LAND DEVELOPMENT CORP. v. J. WILKERSON,, 420 So. 2d 587 (Fla. 1982)

. . . Gulfstream alleges, however, that subsection 440.04(2), Florida Statutes (1973), provides immunity under . . . (Fla.), conformed to 486 F.2d 490 (5th Cir. 1973), an employer received the benefits of subsection 440.04 . . . While subsection 440.04(2) is not limited to this relationship, we find that it does not extend to parent . . . Larson, The Law of Workmen’s Compensation § 72.40 (1982). .§ 440.04(2) provides: (2) When any policy . . . (3) was recodified as § 440.04(2) in 1970. . . .

KEY v. GOLEY, 402 So. 2d 80 (Fla. Dist. Ct. App. 1981)

. . . identified as a partnership, does not constitute a waiver of Goley’s exclusion from the act under § 440.04 . . . The argument that Travelers waived notice under § 440.04(2) by issuing the insurance policy is not persuasive . . .

SIELICKI, v. NEW YORK YANKEES U. S., 388 So. 2d 25 (Fla. Dist. Ct. App. 1980)

. . . . § 440.04(2), Fla.Stat. (1977). . . .

C. RAINWATER v. VIKINGS MEN S HAIRSTYLING, 382 So. 2d 1313 (Fla. Dist. Ct. App. 1980)

. . . See Section 440.04(2), Florida Statutes (1975). . . . In addressing the effect of Section 440.04(3), Florida Statutes (1973), our Supreme Court observed: [ . . . We think there can be no question that the purpose and effect of Fla.Stat. § 440.04, F.S.A., is to empower . . . Now Section 440.04(2), Florida Statutes (1979). . . .

CASEY KEY INVESTMENT CORPORATION, d b a s v. S. ARBUCKLE,, 378 So. 2d 841 (Fla. Dist. Ct. App. 1979)

. . . Further, Section 440.04(3) provides: A corporate officer who has exempted himself by proper notice from . . . Section 440.04(3), Florida Statutes specifically provides that an exemption from coverage may be revoked . . .

THUNDEREAL CORPORATION, a a a d b a a v. STERLING,, 368 So. 2d 923 (Fla. Dist. Ct. App. 1979)

. . . Florida Workmen’s Compensation Act because compensation insurance had been provided for her under Section 440.04 . . . Section 440.04(2), Florida Statutes (1973), permits an employer to waive the exemption, however, and . . . coverage for Sothern; whether Thunderbird procured workmen’s compensation coverage; and whether Section 440.04 . . .

W. ALLEN, v. ESTATE CARMAN, 281 So. 2d 317 (Fla. 1973)

. . . . § 440.04(2). ... . . . Stat. § 440.04, F.S.A., styled “Waiver of Exemption”, contained the following provisions: “440.04 Waiver . . . Fla.Stat. § 440.04(3), F.S.A., supra, (now Fla.Stat. § 440.04[2] F.S.A.) provides that the acceptance . . . There was no proof that the § 440.04(2) notice had been posted. . . . nonacceptance of the Act (440.04[1]) and notice of nonacceptance (440.05 [2]). . . .

W. ALLEN, v. ESTATE CARMAN,, 446 F.2d 1276 (5th Cir. 1971)

. . . . § 440.04(2). . . . or alighting therefrom following a flight or attempted flight therein, excluding crew or pilots.” . “440.04 . . . “There was no proof that the § 440.04 (2) notice had been posted. . . .

W. WAINWRIGHT, v. WAINWRIGHT, INC., 237 So. 2d 154 (Fla. 1970)

. . . Section 440.04(3), F.S.A., to the effect that contracts of insurance that provide workmen compensation . . . Petitioner first contends that under the provision of Fla.Stat., § 440.04(3) F.S. . . .

ATKINSON v. FLORIDA SUGAR CORPORATION, 28 Fla. Supp. 135 (Palm Beach Cty. Cir. Ct. 1967)

. . . plaintiffs, under the Florida Workmen’s Compensation Act, in accordance with the provisions of chapter 440.04 . . .

P. STRICKLAND, v. AL LANDERS DUMP TRUCKS, INC., 170 So. 2d 445 (Fla. 1964)

. . . Under the provisions of Section 440.04(3), F.S.A., the acceptance of the policy by the respondent and . . . obtained the benefits of workmen’s compensation insurance by reason of the waiver provisions of Section 440.04 . . .

COHENOUR v. PAPET, 72 So. 2d 915 (Fla. 1954)

. . . insurance protection extended to an operation not regulated by the Act if he waived exemption, Sec. 440.04 . . .

HENDRY v. GALVIN- WOHL,, 3 Fla. Supp. 1 (Fla. Industrial Comm'n 1952)

. . . agricultural farm labor” from the provisions of the workmen’s compensation law, but it is provided in section 440.04 . . .