Florida Statute 440.091 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

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F.S. 440.091

440.091 Law enforcement officer, firefighter, emergency medical technician, or paramedic; when acting within the course of employment.—

(1) If an employee:

(a) Is elected, appointed, or employed full time by a municipality, the state, or any political subdivision and is vested with authority to bear arms and make arrests and the employee’s primary responsibility is the prevention or detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state;

(b) Was discharging that primary responsibility within the state in a place and under circumstances reasonably consistent with that primary responsibility; and

(c) Was not engaged in services for which he or she was paid by a private employer, and the employee and his or her public employer had no agreement providing for workers’ compensation coverage for that private employment;

the employee is considered to have been acting within the course of employment. The term “employee” as used in this subsection includes all certified supervisory and command personnel whose duties include, in whole or in part, responsibilities for the supervision, training, guidance, and management of full-time law enforcement officers, part-time law enforcement officers, or auxiliary law enforcement officers but does not include support personnel employed by the employing agency.

(2) If a firefighter as defined by s. 112.191(1)(b) is engaged in extinguishing a fire, or protecting and saving life or property due to a fire in this state in an emergency, and such activities would be considered to be within the course of his or her employment as a firefighter and covered by the employer’s workers’ compensation coverage except for the fact that the firefighter was off duty or that the location of the fire was outside the employer’s jurisdiction or area of responsibility, such activities are considered to be within the course of employment. This subsection does not apply if the firefighter is performing activities for which he or she is paid by another employer or contractor.

(3) If an emergency medical technician or paramedic is appointed or employed full time by a municipality, the state, or any political subdivision, is certified under chapter 401, is providing basic life support or advanced life support services, as defined in s. 401.23, in an emergency situation in this state, and such activities would be considered to be within the course of his or her employment as an emergency medical technician or paramedic and covered by the employer’s workers’ compensation coverage except for the fact that the location of the emergency was outside of the employer’s jurisdiction or area of responsibility, such activities are considered to be within the course of employment. The provisions of this subsection do not apply if the emergency medical technician or paramedic is performing activities for which he or she is paid by another employer or contractor.

History.—s. 1, ch. 82-146; s. 43, ch. 89-289; s. 56, ch. 90-201; s. 52, ch. 91-1; s. 102, ch. 97-103; s. 1, ch. 2002-236.

F.S. 440.091 on Google Scholar

F.S. 440.091 on Casetext

Amendments to 440.091

Arrestable Offenses / Crimes under Fla. Stat. 440.091

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 440.091.

Annotations, Discussions, Cases:

Cases Citing Statute 440.091

Total Results: 20

CITY OF WINTER PARK vs ROSEMARY VEIGLE

Court: District Court of Appeal of Florida | Date Filed: 2023-06-30

Snippet: laws of the State.’” Id. at 7 (quoting section 440.091(1)(a), Florida Statutes, which addresses when

Levy County Sheriff's Office v. Allen

Court: District Court of Appeal of Florida | Date Filed: 2014-06-30

Citation: 140 So. 3d 1150, 2014 Fla. App. LEXIS 9970, 2014 WL 2925253

Snippet: within the course of employment” under section 440.091(1), Florida Statutes, or non-compensable because

Garcia v. City of Hollywood

Court: District Court of Appeal of Florida | Date Filed: 2007-06-06

Citation: 966 So. 2d 5, 2007 WL 1610156

Snippet: the issue, pursuant to the provisions of Section 440.091, is whether the officer is carrying out his primary

Garcia ex rel. Garcia v. City of Hollywood

Court: District Court of Appeal of Florida | Date Filed: 2007-02-21

Citation: 948 So. 2d 1000, 2007 Fla. App. LEXIS 2410, 2007 WL 518420

Snippet: the issue, pursuant to the provisions of Section 440.091, is whether the officer is carrying out his primary

Whitehead v. Orange County Sheriff's Department

Court: District Court of Appeal of Florida | Date Filed: 2005-07-15

Citation: 909 So. 2d 344, 2005 Fla. App. LEXIS 10931, 2005 WL 1651168

Snippet: employment, or discharging his duties under section 440.091(1). This court rejected that contention, because

Ago

Court: Florida Attorney General Reports | Date Filed: 2005-02-09

Snippet: the course and the scope of employment. Section 440.091, Florida Statutes, addresses when a law enforcement

Klyse v. City of Largo

Court: District Court of Appeal of Florida | Date Filed: 2000-08-16

Citation: 765 So. 2d 270, 2000 Fla. App. LEXIS 10325, 2000 WL 1152519

Snippet: compensation claims (JCC) mistakenly applied section 440.091, Florida Statutes, to an officer who is on duty

City of North Bay Village v. Millerick

Court: District Court of Appeal of Florida | Date Filed: 1998-12-21

Citation: 721 So. 2d 1230, 1998 Fla. App. LEXIS 15969, 1998 WL 883281

Snippet: governed by a special rule. As provided in section 440.091, Florida Statutes, a police officer who was discharging

Williams v. CITY OF FORT WALTON

Court: District Court of Appeal of Florida | Date Filed: 1997-04-16

Citation: 691 So. 2d 580, 1997 WL 178842

Snippet: within the course of employment as provided by s. 440.091, is maliciously or intentionally injured and who

City of Lakeland v. Schiel

Court: District Court of Appeal of Florida | Date Filed: 1997-01-27

Citation: 687 So. 2d 1323, 1997 Fla. App. LEXIS 257, 1997 WL 26465

Snippet: also in relying on section 440.091, Florida Statutes (1993). Section 440.091 creates an exception to the

Levine v. Brevard County Sheriff's Department

Court: District Court of Appeal of Florida | Date Filed: 1995-05-22

Citation: 658 So. 2d 1044, 1995 Fla. App. LEXIS 5450, 1995 WL 307027

Snippet: criminal, traffic, or highway laws of the state.” § 440.091, Fla. Stat. (1991). This limited exception to the

Gilreath v. Charlotte County Board of County Commissioners

Court: District Court of Appeal of Florida | Date Filed: 1992-12-15

Citation: 610 So. 2d 88, 1992 Fla. App. LEXIS 12817, 1992 WL 365349

Snippet: 1983). We reject the E/C’s contention that section 440.091, Florida Statutes, requires affirmance. Claimant’s

Ago

Court: Florida Attorney General Reports | Date Filed: 1992-05-08

Snippet: within the course of employment as provided by s. 440.091,2 is maliciously or intentionally injured and who

PALM BEACH CTY. SHERIFF'S OFFICE v. Ginn

Court: District Court of Appeal of Florida | Date Filed: 1990-11-27

Citation: 570 So. 2d 1059, 1990 WL 188964

Snippet: out of and in the course of employment." Section 440.091, Florida Statutes, specifically delineates the

Hanstein v. City of Ft. Lauderdale

Court: District Court of Appeal of Florida | Date Filed: 1990-10-08

Citation: 569 So. 2d 493, 1990 Fla. App. LEXIS 7578, 1990 WL 146791

Snippet: apply. But the judge erroneously construed section 440.091, Florida Statutes, as precluding coverage in the

City of Fort Lauderdale v. Abrams

Court: District Court of Appeal of Florida | Date Filed: 1990-05-24

Citation: 561 So. 2d 1294, 1990 Fla. App. LEXIS 3788, 1990 WL 71623

Snippet: of claimant's employment as defined in section 440.091, Florida Statutes (1985). That section provides

Kilpatrick v. Sklar

Court: Supreme Court of Florida | Date Filed: 1989-07-27

Citation: 548 So. 2d 215, 1989 WL 84104

Snippet: employment. See, e.g., §§ 175.021, 185.01, 321.15, 440.091, Fla. Stat. (1987). We find no reasonable justification

Mount Sinai Hosp. v. City of Miami Beach

Court: District Court of Appeal of Florida | Date Filed: 1988-04-07

Citation: 523 So. 2d 722, 1988 WL 31730

Snippet: Such a circumstance exists in this case. Section 440.091, Florida Statutes (1985), provides that an injured

State Ex Rel. Gibbs v. Couch

Court: Supreme Court of Florida | Date Filed: 1939-07-19

Citation: 190 So. 723, 139 Fla. 353

Snippet: 545." In Barnes v. District of Columbia, 23 L.Ed. 440,91 U.S. 540, it was said: "A municipal corporation

Graham v. Commonwealth Life Insurance

Court: Supreme Court of Florida | Date Filed: 1934-04-24

Citation: 154 So. 335, 114 Fla. 585, 1934 Fla. LEXIS 1893

Snippet: Sandusky Portland Cement Co., 46 Ind., Appl. 440, 91 N.E. 569. *Page 592 In Rackemann v. Riverbank