Florida Statute 440.4 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

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F.S. 440.04

440.04 Waiver of exemption.—

(1) Every employer having in her or his employment any employee not included in the definition “employee” or excluded or exempted from the operation of this chapter may at any time waive such exclusion or exemption and accept the provisions of this chapter by giving notice thereof as provided in s. 440.05, and by so doing be as fully protected and covered by the provisions of this chapter as if such exclusion or exemption had not been contained herein.

(2) When any policy or contract of insurance specifically secures the benefits of this chapter to any person not included in the definition of “employee” or whose services are not included in the definition of “employment” or who is otherwise excluded or exempted from the operation of this chapter, the acceptance of such policy or contract of insurance by the insured and the writing of same by the carrier shall constitute a waiver of such exclusion or exemption and an acceptance of the provisions of this chapter with respect to such person, notwithstanding the provision of s. 440.05 with respect to notice.

(3) A corporate officer who has exempted herself or himself by proper notice from the operation of this chapter may at any time revoke such exemption and thereby accept the provisions of this chapter by giving notice as provided in s. 440.05.

History.—s. 4, ch. 17481, 1935; CGL 1936 Supp. 5966(4); s. 2, ch. 18413, 1937; s. 2, ch. 29778, 1955; s. 4, ch. 70-148; s. 2, ch. 74-197; 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; s. 98, ch. 97-103.

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Amendments to 440.04

Annotations, Discussions, Cases:

Cases Citing Statute 440.04

Total Results: 23

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

11, Fla. Stat. (1983). However, pursuant to section 440.04, Florida Statutes (1983),[4] a person who is

Galen of Florida, Inc. v. Braniff

696 So. 2d 308, 1997 WL 213718

Supreme Court of Florida | Filed: May 1, 1997 | Docket: 1696195

Cited 25 times | Published

under the "Waiver of Exemption" provision, section 440.04, Florida Statutes (1967), the employer could

Gulfstream Land & Development Corp. v. Wilkerson

420 So. 2d 587, 1982 Fla. LEXIS 2564

Supreme Court of Florida | Filed: Sep 23, 1982 | Docket: 1306578

Cited 19 times | Published

of Workmen's Compensation § 72.40 (1982). [4] § 440.04(2) provides: (2) When any policy or contract

Allen v. Estate of Carman

281 So. 2d 317

Supreme Court of Florida | Filed: Jul 31, 1973 | Docket: 339124

Cited 18 times | Published

an excluded employee as required by 15 F.S.A. § 440.04(2)... . The plaintiff also contended that the

Lowry v. Logan

650 So. 2d 653, 1995 WL 49127

District Court of Appeal of Florida | Filed: Feb 9, 1995 | Docket: 1345412

Cited 13 times | Published

which covered Lowry. They argue that under section 440.04(2), Florida Statutes (1991), the acceptance

Thundereal Corp. v. Sterling

368 So. 2d 923

District Court of Appeal of Florida | Filed: Mar 9, 1979 | Docket: 1723204

Cited 9 times | Published

compensation insurance had been provided for her under Section 440.04(2), Florida Statutes. Sothern, an actress,

FCCI Mut. Ins. Co. v. Cayce's Excavation, Inc.

675 So. 2d 1028, 1996 Fla. App. LEXIS 6713, 1996 WL 349958

District Court of Appeal of Florida | Filed: Jun 27, 1996 | Docket: 1694545

Cited 5 times | Published

operate to confer authority or power"). While section 440.04, Florida Statutes (1991), does allow for waiver

Florida Timber Products v. Williams

459 So. 2d 422

District Court of Appeal of Florida | Filed: Nov 15, 1984 | Docket: 894005

Cited 5 times | Published

compensation coverage for himself pursuant to § 440.04(2), Fla. Stat., and obtained this insurance through

Strickland v. Al Landers Dump Trucks, Inc.

170 So. 2d 445

Supreme Court of Florida | Filed: Dec 21, 1964 | Docket: 438143

Cited 5 times | Published

covering claimant. Under the provisions of Section 440.04(3), F.S.A., the acceptance of the policy by

Rudolph v. Miami Dolphins, Ltd.

447 So. 2d 284

District Court of Appeal of Florida | Filed: Dec 30, 1983 | Docket: 1691049

Cited 4 times | Published

to waive the statutory exemption pursuant to section 440.04, Florida Statutes. In addition to the collective

Iley v. Linzey

531 So. 2d 1361, 1988 WL 95880

District Court of Appeal of Florida | Filed: Sep 15, 1988 | Docket: 1528651

Cited 3 times | Published

the employer's election to be covered under section 440.04. In another, Sudler v. Sun Oil Co., 227 So

Miccosukee Tribe of Indians v. Bermudez

92 So. 3d 232, 2012 WL 1859004, 2012 Fla. App. LEXIS 8148

District Court of Appeal of Florida | Filed: May 23, 2012 | Docket: 60310169

Cited 2 times | Published

Tribe had waived tribal immunity pursuant to section 440.04 of the Florida Statutes by purchasing a workers’

Sielicki v. New York Yankees

388 So. 2d 25

District Court of Appeal of Florida | Filed: Sep 15, 1980 | Docket: 419964

Cited 2 times | Published

02(1)(c)3, Fla. Stat. (1977) is not applicable. § 440.04(2), Fla. Stat. (1977). While pitching for the

Vallina v. VICTOR FUEGO CONST. CO.

443 So. 2d 320

District Court of Appeal of Florida | Filed: Dec 28, 1983 | Docket: 1458928

Cited 1 times | Published

that view, or for the alternative reliance upon § 440.04(2), Florida Statutes, for alleged waiver by appellee

Key v. Goley

402 So. 2d 80

District Court of Appeal of Florida | Filed: Aug 17, 1981 | Docket: 1691517

Cited 1 times | Published

waiver of Goley's exclusion from the act under § 440.04(2), Florida Statutes, nor do we find that Travelers

Rainwater v. Vikings Men's Hairstyling

382 So. 2d 1313, 1980 Fla. App. LEXIS 16459

District Court of Appeal of Florida | Filed: Apr 23, 1980 | Docket: 64575799

Cited 1 times | Published

bring her under the employer’s coverage. See Section 440.04(2), Florida Statutes (1975). Dorothy Rainwater

Wainwright v. Wainwright, Inc.

237 So. 2d 154, 1970 Fla. LEXIS 2710

Supreme Court of Florida | Filed: Jul 1, 1970 | Docket: 64515190

Cited 1 times | Published

S.A., must be read in connection with F.S. Section 440.04(3), F.S.A., to the effect that contracts of

Wood v. Clean Fuels of Indiana, Inc.

214 F. Supp. 3d 1265, 2016 WL 5791240, 2016 U.S. Dist. LEXIS 137550

District Court, M.D. Florida | Filed: Oct 4, 2016 | Docket: 64310852

Published

Court finds these arguments unpersuasive. First, § 440.04 permits an otherwise exem/pt employer to waive

Deen v. Quantum Resources, Inc.

750 So. 2d 616, 24 Fla. L. Weekly Supp. 489, 1999 Fla. LEXIS 1818, 1999 WL 965679

Supreme Court of Florida | Filed: Oct 21, 1999 | Docket: 64794710

Published

Workers’ Compensation Law at issue in Mandico was section 440.04, Florida Statutes (1983), which provided that

Proctor & Gamble Cellulose Co. v. Mann

667 So. 2d 338, 1995 WL 619885

District Court of Appeal of Florida | Filed: Oct 24, 1995 | Docket: 454562

Published

reading of Mandico. The Mandico court interpreted section 440.04, Florida Statutes (1983), as granting an employer

Florida Power & Light Co. v. Huwer

508 So. 2d 489, 12 Fla. L. Weekly 1431, 1987 Fla. App. LEXIS 8750

District Court of Appeal of Florida | Filed: Jun 9, 1987 | Docket: 64627814

Published

allegedly non-covered employee as defined by Section 440.04, Florida Statutes (1981). This is so because

Southern Rack & Ladder, Inc. v. Sexton

474 So. 2d 847, 10 Fla. L. Weekly 1889, 1985 Fla. App. LEXIS 15489

District Court of Appeal of Florida | Filed: Aug 8, 1985 | Docket: 64613795

Published

coverage after electing an exemption. However, § 440.04, Florida Statutes, relied upon by the deputy,

Casey Key Investment Corp. v. Arbuckle

378 So. 2d 841, 1979 Fla. App. LEXIS 16263

District Court of Appeal of Florida | Filed: Dec 17, 1979 | Docket: 64573692

Published

to be prescribed by the division. Further, Section 440.04(3) provides: A corporate officer who has exempted