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Florida Statute 440.091 | Lawyer Caselaw & Research
F.S. 440.091 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 440.091

The 2023 Florida Statutes (including Special Session C)

Title XXXI
LABOR
Chapter 440
WORKERS' COMPENSATION
View Entire Chapter
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 from cite.case.law:

LEVY COUNTY SHERIFF S OFFICE v. ALLEN,, 140 So. 3d 1150 (Fla. Dist. Ct. App. 2014)

. . . Allen’s injuries are compensable because he was “acting within the course of employment” under section 440.091 . . . In reviewing the statute’s language and caselaw on the topic, the JCC concluded that section 440.091( . . . Id. § 440.091(l)(a). . . . But extraordinary intervening events made the fact he was going to work irrelevant under section 440.091 . . . That Deputy Allen falls within the criteria for compensability in section 440.091(1) is not inconsistent . . .

GARCIA, a v. CITY OF HOLLYWOOD, a, 966 So. 2d 5 (Fla. Dist. Ct. App. 2007)

. . . Rather, the issue, pursuant to the provisions of Section 440.091, is whether the officer is carrying . . . He was not in the process of carrying out any “primary responsibility” as delineated by Section 440.091 . . .

GARCIA, a GARCIA, v. CITY OF HOLLYWOOD, a, 948 So. 2d 1000 (Fla. Dist. Ct. App. 2007)

. . . Rather, the issue, pursuant to the provisions of Section 440.091, is whether the officer is carrying . . . He was not in the process of carrying out any “primary responsibility” as delineated by Section 440.091 . . .

WHITEHEAD, v. ORANGE COUNTY SHERIFF S DEPARTMENT AIG, 909 So. 2d 344 (Fla. Dist. Ct. App. 2005)

. . . was allegedly not in the course and scope of his employment, or discharging his duties under section 440.091 . . .

C. KLYSE, Jr. v. CITY OF LARGO FCCI, 765 So. 2d 270 (Fla. Dist. Ct. App. 2000)

. . . Appellant alleges that the judge of compensation claims (JCC) mistakenly applied section 440.091, Florida . . . Ginn, 570 So.2d 1059 (Fla. 1st DCA 1990), we held that pursuant to section 440.091, Florida Statutes, . . . We conclude, however, that section 440.091, Florida Statutes, does not apply to on-duty officers. . . . In Abrams, we determined that one of the purposes of section 440.091, Florida Statutes, was to abrogate . . . We determine here that section 440.091 is inapplicable to an officer who is on duty during his normal . . .

CITY OF NORTH BAY VILLAGE I. S. A. C. v. V. MILLERICK,, 721 So. 2d 1230 (Fla. Dist. Ct. App. 1998)

. . . As provided in section 440.091, Florida Statutes, a police officer who was discharging a primary law . . . Section 440.091 is often applied when an off-duty police officer is suddenly thrust into a situation . . . See § 440.091(2) Fla.Stat. . . . See § 440.091 Fla.Stat. (1997). . . .

L. WILLIAMS, v. CITY OF FORT WALTON BEACH,, 691 So. 2d 580 (Fla. Dist. Ct. App. 1997)

. . . defined in s. 943.10(1), (2), or (3), who, while acting within the course of employment as provided by s. 440.091 . . .

CITY OF LAKELAND v. SCHIEL,, 687 So. 2d 1323 (Fla. Dist. Ct. App. 1997)

. . . within the course and scope of his employment at the time of the injury but also in relying on section 440.091 . . . Section 440.091 creates an exception to the deviation rule for law enforcement officers such that officers . . . employer had no agreement providing for workers’ compensation coverage for that private employment. § 440.091 . . .

T. LEVINE, v. BREVARD COUNTY SHERIFF S DEPARTMENT, 658 So. 2d 1044 (Fla. Dist. Ct. App. 1995)

. . . .” § 440.091, Fla. Stat. (1991). . . . The JCC in Han-stein concluded that section 440.091 precluded workers’ compensation coverage, because . . . affirmative action ... for the officer to be within the course of his employment as delineated in section 440.091 . . .

GILREATH, v. CHARLOTTE COUNTY BOARD OF COUNTY COMMISSIONERS, 610 So. 2d 88 (Fla. Dist. Ct. App. 1992)

. . . We reject the E/C’s contention that section 440.091, Florida Statutes, requires affirmance. . . .

PALM BEACH COUNTY SHERIFF S OFFICE v. C. GINN,, 570 So. 2d 1059 (Fla. Dist. Ct. App. 1990)

. . . Section 440.091, Florida Statutes, specifically delineates the circumstances under which law enforcement . . . That section provides, in pertinent part, as follows: 440.091 Law enforcement officer; when acting within . . . Rather, the issue, pursuant to the provisions of Section 440.091, is whether the officer is carrying . . . accident, we held that the accident had not occurred within the course of her employment under Section 440.091 . . . was not then in the process of carrying out any “primary responsibility,” as delineated by Section 440.091 . . .

HANSTEIN, v. CITY OF FT. LAUDERDALE,, 569 So. 2d 493 (Fla. Dist. Ct. App. 1990)

. . . But the judge erroneously construed section 440.091, Florida Statutes, as precluding coverage in the . . . In 1982 the legislature adopted section 440.091, Florida Statutes, which specifies when law enforcement . . . discharging her “primary responsibility” and was thus not entitled to compensation since under section 440.091 . . . action in this regard for the officer to be within the course of his employment as delineated in section 440.091 . . .

CITY OF FORT LAUDERDALE, v. ABRAMS,, 561 So. 2d 1294 (Fla. Dist. Ct. App. 1990)

. . . accident did not arise out of and in the course and scope of claimant’s employment as defined in section 440.091 . . . Without elaboration, the judge of compensation claims (judge) found section 440.091, Florida Statutes . . . The passage of section 440.091 in 1982 (Chapter 82-146, Laws of Florida (1982)) abrogated the rule of . . . Accordingly, the accident did not occur within the course of employment under section 440.091, and the . . .

KILPATRICK, v. SKLAR,, 548 So. 2d 215 (Fla. 1989)

. . . See, e.g., §§ 175.021, 185.01, 321.15, 440.091, Fla.Stat. (1987). . . .

MOUNT SINAI HOSPITAL v. CITY OF MIAMI BEACH,, 523 So. 2d 722 (Fla. Dist. Ct. App. 1988)

. . . Section 440.091, Florida Statutes (1985), provides that an injured law enforcement officer “shall be . . . Under those circumstances, section 440.091 provides that he should be deemed to have been acting within . . . Under these circumstances, section 440.091 provides that he should not be deemed to have been acting . . .