|
|
The 2025 Florida Statutes
|
|
|
|
|
F.S. 440.091440.091 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.
| |
Annotations, Discussions, Cases:
Cases Citing Statute 440.091
Total Results: 16
561 So. 2d 1294, 1990 Fla. App. LEXIS 3788, 1990 WL 71623
District Court of Appeal of Florida | Filed: May 24, 1990 | Docket: 1480550
Cited 6 times | Published
scope of claimant's employment as defined in section 440.091, Florida Statutes (1985). That section provides
966 So. 2d 5, 2007 WL 1610156
District Court of Appeal of Florida | Filed: Jun 6, 2007 | Docket: 1679140
Cited 3 times | Published
the issue, pursuant to the provisions of Section 440.091, is whether the officer is carrying out his
570 So. 2d 1059, 1990 WL 188964
District Court of Appeal of Florida | Filed: Nov 27, 1990 | Docket: 1349229
Cited 3 times | Published
arising out of and in the course of employment." Section 440.091, Florida Statutes, specifically delineates
569 So. 2d 493, 1990 Fla. App. LEXIS 7578, 1990 WL 146791
District Court of Appeal of Florida | Filed: Oct 8, 1990 | Docket: 1660726
Cited 3 times | Published
apply. But the judge erroneously construed section 440.091, Florida Statutes, as precluding coverage in
523 So. 2d 722, 1988 WL 31730
District Court of Appeal of Florida | Filed: Apr 7, 1988 | Docket: 1517185
Cited 3 times | Published
Such a circumstance exists in this case.
Section 440.091, Florida Statutes (1985), provides that an
District Court of Appeal of Florida | Filed: Jun 30, 2023 | Docket: 68034467
Published
highway laws of
the State.’” Id. at 7 (quoting section 440.091(1)(a), Florida Statutes, which
addresses when
140 So. 3d 1150, 2014 Fla. App. LEXIS 9970, 2014 WL 2925253
District Court of Appeal of Florida | Filed: Jun 30, 2014 | Docket: 60241388
Published
“acting within the course of employment” under section 440.091(1), Florida Statutes, or non-compensable because
948 So. 2d 1000, 2007 Fla. App. LEXIS 2410, 2007 WL 518420
District Court of Appeal of Florida | Filed: Feb 21, 2007 | Docket: 64849172
Published
the issue, pursuant to the provisions of Section 440.091, is whether the officer is carrying out his
909 So. 2d 344, 2005 Fla. App. LEXIS 10931, 2005 WL 1651168
District Court of Appeal of Florida | Filed: Jul 15, 2005 | Docket: 64840104
Published
employment, or discharging his duties under section 440.091(1). This court rejected that contention, because
Florida Attorney General Reports | Filed: Feb 9, 2005 | Docket: 3256265
Published
in the course and the scope of employment.
Section 440.091, Florida Statutes, addresses when a law enforcement
765 So. 2d 270, 2000 Fla. App. LEXIS 10325, 2000 WL 1152519
District Court of Appeal of Florida | Filed: Aug 16, 2000 | Docket: 64799720
Published
compensation claims (JCC) mistakenly applied section 440.091, Florida Statutes, to an officer who is on
721 So. 2d 1230, 1998 Fla. App. LEXIS 15969, 1998 WL 883281
District Court of Appeal of Florida | Filed: Dec 21, 1998 | Docket: 1323293
Published
governed by a special rule. As provided in section 440.091, Florida Statutes, a police officer who was
687 So. 2d 1323, 1997 Fla. App. LEXIS 257, 1997 WL 26465
District Court of Appeal of Florida | Filed: Jan 27, 1997 | Docket: 64771153
Published
but also in relying on section 440.091, Florida Statutes (1993). Section 440.091 creates an exception to
658 So. 2d 1044, 1995 Fla. App. LEXIS 5450, 1995 WL 307027
District Court of Appeal of Florida | Filed: May 22, 1995 | Docket: 64758107
Published
criminal, traffic, or highway laws of the state.” § 440.091, Fla. Stat. (1991). This limited exception to
610 So. 2d 88, 1992 Fla. App. LEXIS 12817, 1992 WL 365349
District Court of Appeal of Florida | Filed: Dec 15, 1992 | Docket: 64692747
Published
1983). We reject the E/C’s contention that section 440.091, Florida Statutes, requires affirmance. Claimant’s
Florida Attorney General Reports | Filed: May 8, 1992 | Docket: 3257734
Published
done deliberately.11
1 Section 440.01, F.S.
2 Section 440.091, F.S., provides that if an employee:
(1) Is
