Florida Statute 440.04 | Lawyer Caselaw & Research

The 2024 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.

F.S. 440.04 on Google Scholar

F.S. 440.04 on Casetext

Amendments to 440.04

Arrestable Offenses / Crimes under Fla. Stat. 440.04

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 440.04.

Annotations, Discussions, Cases:

Cases Citing Statute 440.04

Total Results: 20

Citizens Property Ins. Corp. v. Vazquez

Court: District Court of Appeal of Florida | Date Filed: 2018-11-21

Citation: 260 So. 3d 396

Snippet: Wal-Mart Stores, Inc., 60 So. 3d 440, 4 444 (Fla. 3d DCA 2011); Owens-Corning

Williams v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-10-14

Snippet: hand over her bag. State v. Blanton, 821 So. 2d 440 4 Although the allegation of “pointing a firearm

Miccosukee Tribe of Indians v. Bermudez

Court: District Court of Appeal of Florida | Date Filed: 2012-05-23

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

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

Montgomery v. Larmoyeux

Court: District Court of Appeal of Florida | Date Filed: 2009-06-03

Citation: 14 So. 3d 1067, 2009 Fla. App. LEXIS 6908, 2009 WL 1531651

Snippet: hours and the amount of hours spent by Hewko was 440.4 hours. It also found a reasonable hourly rate of

AMS STAFF LEASING, INC. v. Arreola

Court: District Court of Appeal of Florida | Date Filed: 2008-01-31

Citation: 976 So. 2d 612, 2008 WL 244665

Snippet: Florida law may render services pursuant to chapter 440.[4] Finally, Florida law indicates that an injured

Miccosukee Tribe of Indians v. Napoleoni

Court: District Court of Appeal of Florida | Date Filed: 2004-12-15

Citation: 890 So. 2d 1152, 2004 Fla. App. LEXIS 19107, 2004 WL 2964879

Snippet: had waived tribal immunity pursuant to sections 440.04 by purchasing a workers' compensation insurance

Kuvin v. Keller Ladders, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2001-10-03

Citation: 797 So. 2d 611, 2001 Fla. App. LEXIS 13794

Snippet: issue" under Florida Rule of Civil Procedure 1.440,[4] and therefore could not proceed to trial on that

Deen v. Quantum Resources, Inc.

Court: Supreme Court of Florida | Date Filed: 1999-10-21

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

Snippet: Compensation Law at issue in Mandico was section 440.04, Florida Statutes (1983), which provided that a

Galen of Florida, Inc. v. Braniff

Court: Supreme Court of Florida | Date Filed: 1997-05-01

Citation: 696 So. 2d 308, 1997 WL 213718

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

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

Court: District Court of Appeal of Florida | Date Filed: 1996-06-27

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

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

Proctor & Gamble Cellulose Co. v. Mann

Court: District Court of Appeal of Florida | Date Filed: 1995-10-24

Citation: 667 So. 2d 338, 1995 WL 619885

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

Lowry v. Logan

Court: District Court of Appeal of Florida | Date Filed: 1995-02-09

Citation: 650 So. 2d 653, 1995 WL 49127

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

State v. Norstrom

Court: Supreme Court of Florida | Date Filed: 1993-01-14

Citation: 613 So. 2d 437, 1993 WL 5055

Snippet: forth the statutory privilege, reads as follows: *440 (4) Each accident report made by a person involved

Mandico v. Taos Const., Inc.

Court: Supreme Court of Florida | Date Filed: 1992-07-09

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

Snippet: Fla. Stat. (1983). However, pursuant to section 440.04, Florida Statutes (1983),[4] a person who is not

Iley v. Linzey

Court: District Court of Appeal of Florida | Date Filed: 1988-09-15

Citation: 531 So. 2d 1361, 1988 WL 95880

Snippet: employer's election to be covered under section 440.04. In another, Sudler v. Sun Oil Co., 227 So.2d 482

Florida Power & Light Co. v. Huwer

Court: District Court of Appeal of Florida | Date Filed: 1987-06-09

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

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

Southern Rack & Ladder, Inc. v. Sexton

Court: District Court of Appeal of Florida | Date Filed: 1985-08-08

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

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

Florida Timber Products v. Williams

Court: District Court of Appeal of Florida | Date Filed: 1984-11-15

Citation: 459 So. 2d 422

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

Rudolph v. Miami Dolphins, Ltd.

Court: District Court of Appeal of Florida | Date Filed: 1983-12-30

Citation: 447 So. 2d 284

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

Vallina v. VICTOR FUEGO CONST. CO.

Court: District Court of Appeal of Florida | Date Filed: 1983-12-28

Citation: 443 So. 2d 320

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