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: Fla. Dist. Ct. App. | Date Filed: 2023-06-30T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2014-06-30T00:00:00-07:00

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…), the JCC turned to the provisions of section 440.091(1), which provides that an “employee is considered…caselaw on the topic, the JCC concluded that section 440.091(1) applies where an “officer’s duty status” changes…traffic, or highway laws of the state[.]” Id. § 440.091(l)(a). Based on the facts presented, the JCC concluded…within the course of employment” under section 440.091(1) because he was discharging his primary responsibility

Garcia v. City of Hollywood

Court: Fla. Dist. Ct. App. | Date Filed: 2007-06-06T00:00:00-07:00

Citation: 966 So. 2d 5

Snippet: the issue, pursuant to the provisions of Section 440.091, is whether the officer is carrying out his primary… responsibility" as delineated by Section 440.091, Florida Statutes. Id. Similarly, at the time of

Garcia ex rel. Garcia v. City of Hollywood

Court: Fla. Dist. Ct. App. | Date Filed: 2007-02-21T00:00:00-08:00

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…primary responsibility” as delineated by Section 440.091, Florida Statutes. Id. Similarly, at the time of

Whitehead v. Orange County Sheriff's Department

Court: Fla. Dist. Ct. App. | Date Filed: 2005-07-15T00:00:00-07:00

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: Fla. Att'y Gen. | Date Filed: 2005-02-08T23:53:00-08:00

Snippet: the course and the scope of employment. Section 440.091, Florida Statutes, addresses when a law enforcement… of the opinion that the provisions of section 440.091, Florida Statutes, govern whether a police officer…344 (Fla. 2001), in which the court held that s. 440.091, Fla. Stat., applies to off-duty law enforcement

Klyse v. City of Largo

Court: Fla. Dist. Ct. App. | Date Filed: 2000-08-16T00:00:00-07:00

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…responsibilities of a law enforcement officer per section 440.091, Florida Statutes.1 The JCC received into evidence…badge, gun, and identification with him. Section 440.091, Florida Statutes (1997), provides that a full-…1st DCA 1990), we held that pursuant to section 440.091, Florida Statutes, an off-duty officer who is not….2d at 1060. We conclude, however, that section 440.091, Florida Statutes, does not apply to on-duty officers

City of North Bay Village v. Millerick

Court: Fla. Dist. Ct. App. | Date Filed: 1998-12-20T23:53:00-08:00

Citation: 721 So. 2d 1230

Snippet: governed by a special rule. As provided in section 440.091, Florida Statutes, a police officer who was discharging…time of the event that caused the injury. Section 440.091 is often applied when an off-duty police officer…primary responsibility would be discharged. See § 440.091(2) Fla.Stat. Moreover, the connection between the…version of the Workers' Compensation Law. See § 440.091 Fla.Stat. (1997). 98-761 District Court

Williams v. CITY OF FORT WALTON

Court: Fla. Dist. Ct. App. | Date Filed: 1997-04-16T00:53:00-07:00

Citation: 691 So. 2d 580

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: Fla. Dist. Ct. App. | Date Filed: 1997-01-27T00:00:00-08:00

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…compensation coverage for that private employment. § 440.091, Fla. Stat. Claimant does not fall within this

Levine v. Brevard County Sheriff's Department

Court: Fla. Dist. Ct. App. | Date Filed: 1995-05-22T00:00:00-07:00

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…action. The JCC in Han-stein concluded that section 440.091 precluded workers’ compensation coverage, because…course of his employment as delineated in section 440.091.” 569 So.2d at 494. The court found the patrol

Gilreath v. Charlotte County Board of County Commissioners

Court: Fla. Dist. Ct. App. | Date Filed: 1992-12-15T00:00:00-08:00

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

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

Ago

Court: Fla. Att'y Gen. | Date Filed: 1992-05-08T00:53:00-07:00

Snippet: within the course of employment as provided by s. 440.091,2 is maliciously or intentionally injured and who…deliberately.11 1 Section 440.01, F.S. 2 Section 440.091, F.S., provides that if an employee: (1) Is elected…within the term "employee" as used in s. 440.091, F.S., are "all certified supervisory and

City of Miami v. Burnett

Court: Fla. Dist. Ct. App. | Date Filed: 1992-03-23T23:53:00-08:00

Citation: 596 So. 2d 478

Snippet: compensation benefits due pursuant to chapter 440. 91-784 District Court of Appeal of Florida

PALM BEACH CTY. SHERIFF'S OFFICE v. Ginn

Court: Fla. Dist. Ct. App. | Date Filed: 1990-11-26T23:53:00-08:00

Citation: 570 So. 2d 1059

Snippet: and in the course of employment." Section 440.091, Florida Statutes, specifically delineates the …section provides, in pertinent part, as follows: 440.091 Law enforcement officer; when acting within the…the issue, pursuant to the provisions of Section 440.091, is whether the officer is carrying out his primary…within the course of her employment under Section 440.091. More recently, in Hanstein v. City of Ft. Lauderdale…responsibility," as delineated by Section 440.091, Florida Statutes. Accordingly, the judge of compensation

Hanstein v. City of Ft. Lauderdale

Court: Fla. Dist. Ct. App. | Date Filed: 1990-10-08T00:53:00-07:00

Citation: 569 So. 2d 493

Snippet: apply. But the judge erroneously construed section 440.091, Florida Statutes, as precluding coverage in the…1941). In 1982 the legislature adopted section 440.091, Florida Statutes, which specifies when law enforcement…not entitled to compensation since under section 440.091 her injury did not occur within the course of the…course of his employment as delineated in section 440.091. The ruling in Abrams does not apply to the circumstances

City of Fort Lauderdale v. Abrams

Court: Fla. Dist. Ct. App. | Date Filed: 1990-05-24T00:53:00-07:00

Citation: 561 So. 2d 1294

Snippet: claimant's employment as defined in section 440.091, Florida Statutes (1985). That section provides…judge of compensation claims (judge) found section 440.091, Florida Statutes, inapplicable under the facts…depart from home to work. The passage of section 440.091 in 1982 (Chapter 82-146, Laws of Florida (1982)… within the course of employment under section 440.091, and the injuries resulting from that accident

Kilpatrick v. Sklar

Court: Fla. | Date Filed: 1989-07-27T00:53:00-07:00

Citation: 548 So. 2d 215

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: Fla. Dist. Ct. App. | Date Filed: 1988-04-07T00:53:00-07:00

Citation: 523 So. 2d 722

Snippet: Such a circumstance exists in this case. Section 440.091, Florida Statutes (1985), provides that an injured…private employer. Under those circumstances, section 440.091 provides that he should be deemed to have been …was injured. Under these circumstances, section 440.091 provides that he should not be deemed to have been

State Ex Rel. Gibbs v. Couch

Court: Fla. | Date Filed: 1939-07-19T00:00:00-08:00

Citation: 190 So. 723, 139 Fla. 353

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