Florida Statute 440.04 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

View Entire Chapter

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: Fla. Dist. Ct. App. | Date Filed: 2018-11-20T23:53:00-08:00

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

Williams v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-10-14T00:53:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2012-05-23T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2009-06-03T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2008-01-30T23:53:00-08:00

Citation: 976 So. 2d 612

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: Fla. Dist. Ct. App. | Date Filed: 2004-12-15T00:00:00-08:00

Citation: 890 So. 2d 1152

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

Kuvin v. Keller Ladders, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2001-10-03T00:53:00-07:00

Citation: 797 So. 2d 611

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: Fla. | Date Filed: 1999-10-21T00:00:00-07:00

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…contractor with the ability to waive, under section 440.04, an exclusion from chapter 440 as provided in section

Galen of Florida, Inc. v. Braniff

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

Citation: 696 So. 2d 308

Snippet: 281 So.2d at 322. Section 440.04(3), which is currently found at section 440.04(2), Florida Statutes (1995…quot;Waiver of Exemption" provision, section 440.04, Florida Statutes (1967), the employer could waive…, it was based on the plain language of section 440.04(3), Florida Statutes (1967), which expressly provided

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

Court: Fla. Dist. Ct. App. | Date Filed: 1996-06-27T00:53:00-07:00

Citation: 675 So. 2d 1028

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

Proctor & Gamble Cellulose Co. v. Mann

Court: Fla. Dist. Ct. App. | Date Filed: 1995-10-24T00:53:00-07:00

Citation: 667 So. 2d 338

Snippet: Mandico. The Mandico court interpreted section 440.04, Florida Statutes (1983), as granting an employer…have recognized, the purpose and effect of section 440.04 is to "empower" an employer having in…definition of `employee'" under section 440.04(1), Florida Statutes (1991). Further, in the instant… employer. Therefore, the provisions of section 440.04 as interpreted by Mandico have no applicability…insurance by P & G sufficient to invoke section 440.04, Florida Statutes, or whether Mann's acceptance

Lowry v. Logan

Court: Fla. Dist. Ct. App. | Date Filed: 1995-02-08T23:53:00-08:00

Citation: 650 So. 2d 653

Snippet: which covered Lowry. They argue that under section 440.04(2), Florida Statutes (1991), the acceptance of …coverage for an independent contractor under section 440.04(2). The record below is silent as to why the workers…contractor. § 440.11, Fla. Stat. (1991). Under section 440.04, however, a party hiring a person who is excluded…appellees contend that they have complied with section 440.04 by purchasing a policy or contract of insurance…appellees can establish a basis for reliance on section 440.04(2) to sustain the summary judgment. Turning to

State v. Norstrom

Court: Fla. | Date Filed: 1993-01-13T23:53:00-08:00

Citation: 613 So. 2d 437

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

Mandico v. Taos Const., Inc.

Court: Fla. | Date Filed: 1992-07-09T00:00:00-07:00

Citation: 605 So. 2d 850

Snippet: chapter 440. [4] Section 440.04, Florida Statutes (1983), provides in pertinent part: 440.04 Waiver …Fla. Stat. (1983). However, pursuant to section 440.04, Florida Statutes (1983),[4] a person who is not…have recognized, the purpose and effect of section 440.04 is to "empower" an employer having in…of the waiver of exemption provisions of section 440.04, thus limiting its liability under section 440.11

Iley v. Linzey

Court: Fla. Dist. Ct. App. | Date Filed: 1988-09-15T00:53:00-07:00

Citation: 531 So. 2d 1361

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: Fla. Dist. Ct. App. | Date Filed: 1987-06-09T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 1985-08-08T00:00:00-07:00

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

Snippet: provisions of § 440.-05 and § 440.04(3) were enacted in 1974; § 440.04(2) pre-dates those provisions,…coverage after electing an exemption. However, § 440.04, Florida Statutes, relied upon by the deputy, provides…exemption. But the statutes do not so provide, and § 440.04(2) expressly embraces “any person ... excluded …. If the legislature had intended to restrict § 440.04(2) so as not to encompass exempted corporate officers…unlimited language of broad scope contained in § 440.04(2). The deputy further found that claimant’s desire

Florida Timber Products v. Williams

Court: Fla. Dist. Ct. App. | Date Filed: 1984-11-14T23:53:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 1983-12-29T23:53:00-08:00

Citation: 447 So. 2d 284

Snippet: waive the statutory exemption pursuant to section 440.04, Florida Statutes. In addition to the collective…argument on this point is predicated on section 440.04(2), Florida Statutes, which provides that the purchase…the professional athlete exclusion under section 440.04(2). The excess coverage policy here involved also

Vallina v. VICTOR FUEGO CONST. CO.

Court: Fla. Dist. Ct. App. | Date Filed: 1983-12-27T23:53:00-08:00

Citation: 443 So. 2d 320

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