Florida Statute 440.105 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

View Entire Chapter

F.S. 440.105

440.105 Prohibited activities; reports; penalties; limitations.—

(1)(a) Any insurance carrier, any individual self-insured, any commercial or group self-insurance fund, any professional practitioner licensed or regulated by the Department of Health, except as otherwise provided by law, any medical review committee as defined in s. 766.101, any private medical review committee, and any insurer, agent, or other person licensed under the insurance code, or any employee thereof, having knowledge or who believes that a fraudulent act or any other act or practice which, upon conviction, constitutes a felony or misdemeanor under this chapter is being or has been committed shall send to the Division of Criminal Investigations, Bureau of Workers’ Compensation Fraud, a report or information pertinent to such knowledge or belief and such additional information relative thereto as the bureau may require. The bureau shall review such information or reports and select such information or reports as, in its judgment, may require further investigation. It shall then cause an independent examination of the facts surrounding such information or report to be made to determine the extent, if any, to which a fraudulent act or any other act or practice which, upon conviction, constitutes a felony or a misdemeanor under this chapter is being committed. The bureau shall report any alleged violations of law which its investigations disclose to the appropriate licensing agency and state attorney or other prosecuting agency having jurisdiction with respect to any such violations of this chapter. If prosecution by the state attorney or other prosecuting agency having jurisdiction with respect to such violation is not begun within 60 days of the bureau’s report, the state attorney or other prosecuting agency having jurisdiction with respect to such violation shall inform the bureau of the reasons for the lack of prosecution.

(b) In the absence of fraud or bad faith, a person is not subject to civil liability for libel, slander, or any other relevant tort by virtue of filing reports, without malice, or furnishing other information, without malice, required by this section or required by the bureau, and no civil cause of action of any nature shall arise against such person:

1. For any information relating to suspected fraudulent acts furnished to or received from law enforcement officials, their agents, or employees;

2. For any information relating to suspected fraudulent acts furnished to or received from other persons subject to the provisions of this chapter; or

3. For any such information relating to suspected fraudulent acts furnished in reports to the bureau, or the National Association of Insurance Commissioners.

(2) Whoever violates any provision of this subsection commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(a) It shall be unlawful for any employer to knowingly:

1. Coerce or attempt to coerce, as a precondition to employment or otherwise, an employee to obtain a certificate of election of exemption pursuant to s. 440.05.

2. Discharge or refuse to hire an employee or job applicant because the employee or applicant has filed a claim for benefits under this chapter.

3. Discharge, discipline, or take any other adverse personnel action against any employee for disclosing information to the department or any law enforcement agency relating to any violation or suspected violation of any of the provisions of this chapter or rules promulgated hereunder.

(b) It shall be unlawful for any insurance entity to revoke or cancel a workers’ compensation insurance policy or membership because an employer has returned an employee to work or hired an employee who has filed a workers’ compensation claim.

(3) Whoever violates any provision of this subsection commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(a) It shall be unlawful for any employer to knowingly fail to update applications for coverage as required by s. 440.381(1) and ¹department rules within 7 days after the reporting date for any change in the required information, or to post notice of coverage pursuant to s. 440.40.

(b) It shall be unlawful for any employer to knowingly participate in the creation of the employment relationship in which the employee has used any false, fraudulent, or misleading oral or written statement as evidence of identity.

(c) It is unlawful for any attorney or other person, in his or her individual capacity or in his or her capacity as a public or private employee, or for any firm, corporation, partnership, or association to receive any fee or other consideration or any gratuity from a person on account of services rendered for a person in connection with any proceedings arising under this chapter, unless such fee, consideration, or gratuity is approved by a judge of compensation claims or by the Deputy Chief Judge of Compensation Claims.

(4) Whoever violates any provision of this subsection commits insurance fraud, punishable as provided in paragraph (f).

(a) It shall be unlawful for any employer to knowingly:

1. Present or cause to be presented any false, fraudulent, or misleading oral or written statement to any person as evidence of compliance with s. 440.38.

2. Make a deduction from the pay of any employee entitled to the benefits of this chapter for the purpose of requiring the employee to pay any portion of premium paid by the employer to a carrier or to contribute to a benefit fund or department maintained by such employer for the purpose of providing compensation or medical services and supplies as required by this chapter.

3. Fail to secure workers’ compensation insurance coverage if required to do so by this chapter.

(b) It shall be unlawful for any person:

1. To knowingly make, or cause to be made, any false, fraudulent, or misleading oral or written statement for the purpose of obtaining or denying any benefit or payment under this chapter.

2. To present or cause to be presented any written or oral statement as part of, or in support of, a claim for payment or other benefit pursuant to any provision of this chapter, knowing that such statement contains any false, incomplete, or misleading information concerning any fact or thing material to such claim.

3. To prepare or cause to be prepared any written or oral statement that is intended to be presented to any employer, insurance company, or self-insured program in connection with, or in support of, any claim for payment or other benefit pursuant to any provision of this chapter, knowing that such statement contains any false, incomplete, or misleading information concerning any fact or thing material to such claim.

4. To knowingly assist, conspire with, or urge any person to engage in activity prohibited by this section.

5. To knowingly make any false, fraudulent, or misleading oral or written statement, or to knowingly omit or conceal material information, required by s. 440.185 or s. 440.381, for the purpose of obtaining workers’ compensation coverage or for the purpose of avoiding, delaying, or diminishing the amount of payment of any workers’ compensation premiums.

6. To knowingly misrepresent or conceal payroll, classification of workers, or information regarding an employer’s loss history which would be material to the computation and application of an experience rating modification factor for the purpose of avoiding or diminishing the amount of payment of any workers’ compensation premiums.

7. To knowingly present or cause to be presented any false, fraudulent, or misleading oral or written statement to any person as evidence of compliance with s. 440.38, as evidence of eligibility for a certificate of exemption under s. 440.05.

8. To knowingly violate a stop-work order issued by the department pursuant to s. 440.107.

9. To knowingly present or cause to be presented any false, fraudulent, or misleading oral or written statement to any person as evidence of identity for the purpose of obtaining employment or filing or supporting a claim for workers’ compensation benefits.

(c) It shall be unlawful for any physician licensed under chapter 458, osteopathic physician licensed under chapter 459, chiropractic physician licensed under chapter 460, podiatric physician licensed under chapter 461, optometric physician licensed under chapter 463, or any other practitioner licensed under the laws of this state to knowingly and willfully assist, conspire with, or urge any person to fraudulently violate any of the provisions of this chapter.

(d) It shall be unlawful for any person or governmental entity licensed under chapter 395 to maintain or operate a hospital in such a manner so that such person or governmental entity knowingly and willfully allows the use of the facilities of such hospital by any person, in a scheme or conspiracy to fraudulently violate any of the provisions of this chapter.

(e) It shall be unlawful for any attorney or other person, in his or her individual capacity or in his or her capacity as a public or private employee, or any firm, corporation, partnership, or association, to knowingly assist, conspire with, or urge any person to fraudulently violate any of the provisions of this chapter.

(f) If the monetary value of any violation of this subsection:

1. Is less than $20,000, the offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

2. Is $20,000 or more, but less than $100,000, the offender commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

3. Is $100,000 or more, the offender commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(5) It shall be unlawful for any attorney or other person, in his or her individual capacity or in his or her capacity as a public or private employee or for any firm, corporation, partnership, or association, to unlawfully solicit any business in and about city or county hospitals, courts, or any public institution or public place; in and about private hospitals or sanitariums; in and about any private institution; or upon private property of any character whatsoever for the purpose of making workers’ compensation claims. Whoever violates any provision of this subsection commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(6) This section shall not be construed to preclude the applicability of any other provision of criminal law that applies or may apply to any transaction.

(7) An injured employee or any other party making a claim under this chapter shall provide his or her personal signature attesting that he or she has reviewed, understands, and acknowledges the following statement: “Any person who, knowingly and with intent to injure, defraud, or deceive any employer or employee, insurance company, or self-insured program, files a statement of claim containing any false or misleading information commits insurance fraud, punishable as provided in s. 817.234.” If the injured employee or other party refuses to sign the document attesting that he or she has reviewed, understands, and acknowledges the statement, benefits, or payments under this chapter shall be suspended until such signature is obtained.

History.—s. 12, ch. 93-415; s. 105, ch. 97-103; s. 7, ch. 98-174; s. 10, ch. 2001-91; s. 87, ch. 2001-277; s. 19, ch. 2002-194; s. 473, ch. 2003-261; s. 11, ch. 2003-412; s. 5, ch. 2006-305; s. 99, ch. 2010-5; s. 10, ch. 2016-165; s. 4, ch. 2025-4.

¹Note.—As amended by s. 11, ch. 2003-412. The amendment by s. 473, ch. 2003-261, substituted a reference to the Financial Services Commission instead of referencing the department (defined as the Department of Financial Services in s. 440.02) in place of the former Department of Insurance.

F.S. 440.105 on Google Scholar

F.S. 440.105 on CourtListener

Amendments to 440.105

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 440.105

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

S440.105 2a1 - PUBLIC ORDER CRIMES - COERCE EMPL TO OBT CERTIF OF WORK COMP EXEMPT - M: F

S440.105 2a2 - PUBLIC ORDER CRIMES - FIRE NOT HIRE EMP APP BC FILED WORK COMP CLAIM - M: F

S440.105 2a3 - PUBLIC ORDER CRIMES - ADVER EMP ACTION BC REP VIOL OF WORK COMP REGS - M: F

S440.105 2a4 - PUBLIC ORDER CRIMES - REPEALED 7/1/06. 2006-305 - M: F

S440.105 2b - PUBLIC ORDER CRIMES - INS CO CANCEL INS BC EMP FILED WORK COMP CLAIM - M: F

S440.105 3a - PUBLIC ORDER CRIMES - FAIL UPDTE APP POST NOT RE WORK COMP COVERAGE - M: F

S440.105 3b - PUBLIC ORDER CRIMES - EMPLOYER HIRE EMPLOYEE WHO USED FALSE ID - M: F

S440.105 3c - PUBLIC ORDER CRIMES - ATTY OTHERS RECEIVE UNAPPROVED WORK COMP FEE - M: F

S440.105 4 - FRAUD - REMOVED - F: T

S440.105 4a1 - FRAUD-FALSE STATEMENT - EVID BY EMP COMPLY CLAIM/INS LESS 20K DOLS - F: T

S440.105 4a1 - FRAUD-FALSE STATEMENT - EVID EMP CMPLY COMP CLAIM 20K LESS 100K DOLS - F: S

S440.105 4a1 - FRAUD-FALSE STATEMENT - EVID BY EMP COMPLY COMP CLAIM 100K DOLS MORE - F: F

S440.105 4a2 - FRAUD - EMPE PAY EMPR W/C CONTRIB CLAIM LESS 20K DOLS - F: T

S440.105 4a2 - FRAUD - EMP PAY EMPR W/C CONTR CLAIM 20K LESS 100K DOL - F: S

S440.105 4a2 - FRAUD - EMPE PAY EMPR CONTRIB CLAIM 100KDOLS MORE - F: F

S440.105 4a3 - FRAUD - EMP NOT GET WORK COMP INS UNDER 20K DOLS - F: T

S440.105 4a3 - FRAUD - EMP NOT GET WORK COMP INS 20K LESS 100K DOLS - F: S

S440.105 4a3 - FRAUD - EMP NOT GET WORK COMP INS 100K DOLS OR MORE - F: F

S440.105 4b - FRAUD-FALSE STATEMENT - RENUMBERED. SEE REC # 8482 - F: T

S440.105 4b - FRAUD-FALSE STATEMENT - RENUMBERED. SEE REC # 8483 - F: S

S440.105 4b - FRAUD-FALSE STATEMENT - RENUMBERED. SEE REC # 8484 - F: F

S440.105 4b1 - FRAUD-FALSE STATEMENT - MISREP OMIT INF RE W/C CLAIM LESS 20K DOLS - F: T

S440.105 4b1 - FRAUD-FALSE STATEMENT - MISREP OMIT INFO W/C CLAIM 20K LESS 100K DOLS - F: S

S440.105 4b1 - FRAUD-FALSE STATEMENT - MISREP OMIT INF RE W/C CLAIM 100K DOLS MORE - F: F

S440.105 4b2 - FRAUD-FALSE STATEMENT - PRESENT FALSE WC CLAIM PAYMENT BENEFIT LT 20K - F: T

S440.105 4b2 - FRAUD-FALSE STATEMENT - PRESNT FALSE WC CLAIM PYMT BENEFIT 20K LT 100K - F: S

S440.105 4b2 - FRAUD-FALSE STATEMENT - PRESENT FALSE WC CLAIM PAYMENT BENEFIT MT 100K - F: F

S440.105 4b3 - FRAUD-FALSE STATEMENT - PRESENT EMPLOYER INS CO FALSE WC STATE LT 20K - F: T

S440.105 4b3 - FRAUD-FALSE STATEMENT - PRESNT EMPLYR INS CO FLSE WC STATE 20K LT 100K - F: S

S440.105 4b3 - FRAUD-FALSE STATEMENT - PRESENT EMPLOYER INS CO FALSE WC STATE MT 100K - F: F

S440.105 4b4 - FRAUD - ASSIST CONSPIRE ENGAGE IN FALSE WC ACT LT 20K - F: T

S440.105 4b4 - FRAUD - ASSIST CONSPIRE ENGAG FALSE WC ACT 20K LT 100K - F: S

S440.105 4b4 - FRAUD - ASSIST CONSPIRE ENGAGE IN FALSE WC ACT MT 100K - F: F

S440.105 4b5 - FRAUD-FALSE STATEMENT - OMIT CONCEAL MAT INFO OBT WC PYMT PREM LT 20K - F: T

S440.105 4b5 - FRAUD-FALSE STATEMENT - OMIT CNCEAL MAT INF OBT WC PAY PREM 20K LT100K - F: S

S440.105 4b5 - FRAUD-FALSE STATEMENT - OMIT CONCEAL MATER INF OBT WC PAY PREM MT 100K - F: F

S440.105 4b6 - FRAUD - MISREP PAY CLAS INF EMPLYR LOSS HISTRY LT 20 K - F: T

S440.105 4b6 - FRAUD - MISREP PAY CLAS INF EMPLY LOS HSTRY 20K LT100K - F: S

S440.105 4b6 - FRAUD - MISREP PAY CLAS INF EMPLYR LOSS HISTRY MT 100K - F: F

S440.105 4b7 - FRAUD-FALSE STATEMENT - EVID COMPLIANCE ELIGIB FOR CERT EXEMPT LT 20K - F: T

S440.105 4b7 - FRAUD-FALSE STATEMENT - EVID COMPLIAN ELIGIB FOR CERT EXEMP 20K LT100K - F: S

S440.105 4b7 - FRAUD-FALSE STATEMENT - EVID COMPLIANCE ELIGIB FOR CERT EXEMPT MT 100K - F: F

S440.105 4b8 - FRAUD - VIOL WORK COMP STOP WORK ORDER 100K DOLS OR MO - F: F

S440.105 4b8 - FRAUD - VIOL WORK COMP STOP WORK ORDER 20K TO 100K DOL - F: S

S440.105 4b8 - FRAUD - VIOL WORK COMP STOP WORK ORDER LESS THAN 20K - F: T

S440.105 4b9 - FRAUD - USE FALSE ID FOR WC CLAIM 100K DOLS OR MORE - F: F

S440.105 4b9 - FRAUD - USE FALSE ID FOR WC CLAIM 20K TO 100K DOLS - F: S

S440.105 4b9 - FRAUD - USE FALSE ID FOR WC CLAIM LESS THAN 20K DOLS - F: T

S440.105 4c - FRAUD - PHYS ASSIST WORK COMP FRAUD CLAIM LESS 20K DOL - F: T

S440.105 4c - FRAUD - PHYS ASSIST W/C FRAUD CLAIM 20K LESS 100K DOLS - F: S

S440.105 4c - FRAUD - PHYS ASST CONSP W/C FRAUD CLAIM 100K DOLS MORE - F: F

S440.105 4d - FRAUD - OPR HOSP ALLW W/C FRAUD CLAIM LESS 20K DOLS - F: T

S440.105 4d - FRAUD - HOSPTL ALLW W/C FRAUD CLAIM 20K LESS 100K DOLS - F: S

S440.105 4d - FRAUD - HOSP ALLOW W/C FRAUD CLAIM 100K DOLS MORE - F: F

S440.105 4e - FRAUD - ATTY OTHER AST VIOL W/C LAW CLM LESS 20K DOLS - F: T

S440.105 4e - FRAUD - ATTY OTHER ASST VIOL W/C CLM 20K LESS 100K DOL - F: S

S440.105 4e - FRAUD - ATTY OTHER ASST VIOL W/C CLAIM 100K DOLS MORE - F: F

S440.105 4f1 - FRAUD - DELETED - F: T

S440.105 4f2 - FRAUD - DELETED - F: S

S440.105 4f3 - FRAUD - DELETED - F: F

S440.105 4f4 - FRAUD - DELETED - F: T

S440.105 5 - PUBLIC ORDER CRIMES - ATTORNEY OR OTHER SOLICIT WORK COMP CLAIM - F: S

S440.105 7 - FRAUD-FALSE STATEMENT - REMOVED - F: T

Cases Citing Statute 440.105

Total Results: 82

Murray v. Mariner Health

994 So. 2d 1051, 2008 WL 4659381

Supreme Court of Florida | Filed: Oct 23, 2008 | Docket: 1666683

Cited 21 times | Published

employment; (2) the claim was fraudulent under section 440.105, Florida Statutes (2003), because petitioner

Medina v. Gulf Coast Linen Services

825 So. 2d 1018, 2002 WL 2030372

District Court of Appeal of Florida | Filed: Sep 6, 2002 | Docket: 1691136

Cited 13 times | Published

described in § 440.105 for the purposes of securing workers' compensation benefits. Section 440.105 in turn

Aguilera v. Inservices, Inc.

905 So. 2d 84, 2005 WL 1403993

Supreme Court of Florida | Filed: Jun 16, 2005 | Docket: 2104286

Cited 12 times | Published

applicability of section 440.37 (or its successor, section 440.105) to the employee's claim. Instead, making a

Isaac v. Green Iguana, Inc.

871 So. 2d 1004, 2004 WL 825603

District Court of Appeal of Florida | Filed: Apr 19, 2004 | Docket: 1300675

Cited 9 times | Published

she is guilty of fraud within the meaning of section 440.105(4)(b), Florida Statutes (1999), and therefore

Inservices, Inc. v. Aguilera

837 So. 2d 464, 2002 WL 31870185

District Court of Appeal of Florida | Filed: Dec 26, 2002 | Docket: 1527540

Cited 9 times | Published

and subject the carrier to penalties under section 440.105, Florida Statutes (2000). The Department of

Oca v. Orkin Exterminating Co.

692 So. 2d 257, 1997 WL 195226

District Court of Appeal of Florida | Filed: Apr 23, 1997 | Docket: 435686

Cited 8 times | Published

the legislature enacted the similarly-worded section 440.105, Florida Statutes (Supp.1994).[1] In so doing

Village Apartments v. Hernandez

856 So. 2d 1140, 2003 WL 22399572

District Court of Appeal of Florida | Filed: Oct 22, 2003 | Docket: 1708652

Cited 7 times | Published

or incomplete information as set forth in section 440.105, Florida Statutes (Supp.1998). Because the

Village of North Palm Beach v. McKale

911 So. 2d 1282, 2005 WL 2452277

District Court of Appeal of Florida | Filed: Oct 6, 2005 | Docket: 1526986

Cited 6 times | Published

benefits, or in support of his claim for benefits. § 440.105(4)(b)2., Fla. Stat. (1999). See Village Apartments

Wright v. Uniforms for Industry

772 So. 2d 560, 2000 WL 1527911

District Court of Appeal of Florida | Filed: Oct 17, 2000 | Docket: 1435173

Cited 6 times | Published

workers' compensation fraud in violation of section 440.105(4)(b)1, Florida Statutes (Supp.1994), the claimant

Horning-Keating v. Employers Ins. of Wausau

969 So. 2d 412, 2007 WL 3118841

District Court of Appeal of Florida | Filed: Oct 26, 2007 | Docket: 1726006

Cited 5 times | Published

limitations; (3) he was immune from liability under section 440.105 of the Florida Statutes for reporting evidence

State v. Arnal

941 So. 2d 556, 2006 WL 3302513

District Court of Appeal of Florida | Filed: Nov 15, 2006 | Docket: 431843

Cited 5 times | Published

information charging Arnal with violating section 440.105(4)(b) of the Florida Statutes which makes it

Chapman v. Nationsbank

872 So. 2d 390, 29 Fla. L. Weekly Fed. D 1076

District Court of Appeal of Florida | Filed: Apr 30, 2004 | Docket: 1706783

Cited 5 times | Published

purpose of obtaining benefits, in violation of section 440.105(4)(b), Florida Statutes (Supp.1998), the JCC

CDL v. Corea

867 So. 2d 639, 2004 WL 502606

District Court of Appeal of Florida | Filed: Mar 16, 2004 | Docket: 1386098

Cited 5 times | Published

obtaining benefits under Chapter 440. See also § 440.105(4)(b)1, Florida Statutes (1999). Because the JCC

Temporary Labor Source v. EH

765 So. 2d 757, 2000 WL 728679

District Court of Appeal of Florida | Filed: Jun 8, 2000 | Docket: 428597

Cited 5 times | Published

the ground that the claimant had violated section 440.105, Florida Statutes, and was therefore barred

Rustic Lodge v. Escobar

729 So. 2d 1014, 1999 WL 225948

District Court of Appeal of Florida | Filed: Apr 16, 1999 | Docket: 1171258

Cited 5 times | Published

of securing workers' compensation benefits. Section 440.105(4)(b), Florida Statutes (Supp. 1994), provides

McArthur v. MENTAL HEALTH CARE, INC.

35 So. 3d 105, 2010 Fla. App. LEXIS 6662, 2010 WL 1930119

District Court of Appeal of Florida | Filed: May 14, 2010 | Docket: 1646260

Cited 4 times | Published

findings on this issue in the final order. Section 440.105(4)(b)1. provides that it is unlawful for "any

McArthur v. MENTAL HEALTH CARE, INC.

35 So. 3d 105, 2010 Fla. App. LEXIS 6662, 2010 WL 1930119

District Court of Appeal of Florida | Filed: May 14, 2010 | Docket: 1646260

Cited 4 times | Published

findings on this issue in the final order. Section 440.105(4)(b)1. provides that it is unlawful for "any

Marshall v. Amerisys, Inc.

943 So. 2d 276, 2006 Fla. App. LEXIS 19944, 2006 WL 3422355

District Court of Appeal of Florida | Filed: Nov 29, 2006 | Docket: 2549214

Cited 4 times | Published

him of a crime; (4) committed fraud under section 440.105(4)(b)(1), Florida Statutes, by lying to him

Singletary v. Yoder's and Ameritrust Ins. Corp.

871 So. 2d 289, 2004 Fla. App. LEXIS 3870, 2004 WL 587670

District Court of Appeal of Florida | Filed: Mar 26, 2004 | Docket: 1709469

Cited 4 times | Published

purpose of obtaining benefits [in violation of section 440.105, Florida Statutes, (2002) ].... Therefore,

Bend v. Shamrock Services

59 So. 3d 153, 2011 Fla. App. LEXIS 2515, 2011 WL 680282

District Court of Appeal of Florida | Filed: Feb 28, 2011 | Docket: 2362780

Cited 3 times | Published

crime. See § 440.105(3)(a), Fla. Stat. (2007). Under the mandatory provisions of section 440.105(1)(a), Florida

Pavilion Apartments v. Wetherington

943 So. 2d 226, 2006 WL 3151582

District Court of Appeal of Florida | Filed: Nov 6, 2006 | Docket: 1527443

Cited 3 times | Published

benefits." § 440.09(4)(a), Fla. Stat. (2004). Section 440.105 places requirements on claimants not unlike

Amos v. State

711 So. 2d 1197, 1998 WL 210954

District Court of Appeal of Florida | Filed: Apr 27, 1998 | Docket: 1700430

Cited 3 times | Published

has now been modified and recodified into section 440.105, Florida Statutes (1997), which provides: 440

EH v. Temporary Labor Source, Inc.

687 So. 2d 884, 1997 Fla. App. LEXIS 260, 1997 WL 26458

District Court of Appeal of Florida | Filed: Jan 27, 1997 | Docket: 1718863

Cited 3 times | Published

purpose of obtaining benefits, thus violating section 440.105(4)(b), and concluded therefrom that E.H. was

Horizons Painting v. Lessard

688 So. 2d 941, 1997 WL 26470

District Court of Appeal of Florida | Filed: Jan 27, 1997 | Docket: 443985

Cited 3 times | Published

false statements claimant made contrary to section 440.105(4)(b), Florida Statutes (Supp.1994). We conclude

Felice Kline v. JRD Management Corp. and CCMSI

165 So. 3d 812, 2015 WL 3464110

District Court of Appeal of Florida | Filed: Jun 1, 2015 | Docket: 2661165

Cited 2 times | Published

was, in the JCC’s opinion, a violation of section 440.105(3)(c), Florida Statutes (2014), which is a

Rene Stone Work Corp. v. Gonzalez

25 So. 3d 1272, 2010 Fla. App. LEXIS 543, 2010 WL 255982

District Court of Appeal of Florida | Filed: Jan 25, 2010 | Docket: 1195711

Cited 2 times | Published

the E/C argued, constituted a violation of section 440.105(4)(b), and thus required a forfeiture of all

Valdes v. GALCO CONST.

922 So. 2d 252, 2006 Fla. App. LEXIS 826, 2006 WL 176731

District Court of Appeal of Florida | Filed: Jan 26, 2006 | Docket: 1683359

Cited 2 times | Published

charging him with a criminal violation of section 440.105, Florida Statutes (1999). Mr. Valdes retained

Citrus Pest Control v. Brown

913 So. 2d 754, 2005 WL 2922140

District Court of Appeal of Florida | Filed: Nov 7, 2005 | Docket: 1331777

Cited 2 times | Published

described in section 440.105 for the purpose of securing workers' compensation benefits. Section 440.105(4)(b)

Bruner v. GC-GW, INC.

880 So. 2d 1244, 2004 WL 1920012

District Court of Appeal of Florida | Filed: Aug 30, 2004 | Docket: 1689251

Cited 2 times | Published

of section 440.205, appellee contends that section 440.105(2)(a)2., Florida Statutes (2000), reveals the

Russell Corp. v. Jacobs

782 So. 2d 404, 2001 WL 50501

District Court of Appeal of Florida | Filed: Jan 17, 2001 | Docket: 456507

Cited 2 times | Published

intentionally engaged in any of the acts described in section 440.105, for the purpose of securing workers' compensation

Jose Delgado v. City Concrete Systems, Inc. and FCCI Insurance company

220 So. 3d 529, 2017 WL 2438332, 2017 Fla. App. LEXIS 8148

District Court of Appeal of Florida | Filed: Jun 6, 2017 | Docket: 6069482

Cited 1 times | Published

engaged in collusion to commit fraud under section 440.105(4), Florida Statutes. Although the JCC’s order

Martha Miles v. City of Edgewater Police Department

190 So. 3d 171, 2016 WL 1578434, 2016 Fla. App. LEXIS 5990

District Court of Appeal of Florida | Filed: Apr 20, 2016 | Docket: 3058403

Cited 1 times | Published

Amendment rights when taken in conjunction with section 440.105(3)(c).” Jacobson v. Se. Pers. Leasing

State v. Brock

138 So. 3d 1060, 2014 WL 1686448, 2014 Fla. App. LEXIS 6220

District Court of Appeal of Florida | Filed: Apr 30, 2014 | Docket: 60240459

Cited 1 times | Published

was charged with one count of fraud under section 440.105(4)(b)9, Florida Statutes (2012). This charge

Carrillo v. Case Engineering, Inc.

53 So. 3d 1214, 2011 Fla. App. LEXIS 1862, 2011 WL 479893

District Court of Appeal of Florida | Filed: Feb 11, 2011 | Docket: 60298030

Cited 1 times | Published

“defense of fraud per § 440.09(4), Fla. Stat.; § 440.105, Fla. Stat.; and § 440.09(a), Fla. Stat.” based

Arreola v. Administrative Concepts

17 So. 3d 792, 2009 Fla. App. LEXIS 11323, 2009 WL 2475151

District Court of Appeal of Florida | Filed: Aug 14, 2009 | Docket: 1644324

Cited 1 times | Published

are again asked to address the parameters of section 440.105, Florida Statutes, frequently referred to as

Altstatt v. Florida Department of Agriculture

1 So. 3d 1285, 2009 Fla. App. LEXIS 1431, 2009 WL 400388

District Court of Appeal of Florida | Filed: Feb 19, 2009 | Docket: 2588683

Cited 1 times | Published

to her clients. It is, however, clear that section 440.105(3)(c), Florida Statutes (2008), upon which

Matrix Employee Leasing v. Hernandez

975 So. 2d 1217, 2008 WL 623340

District Court of Appeal of Florida | Filed: Mar 10, 2008 | Docket: 1423898

Cited 1 times | Published

obtaining of employment by claimant pursuant to section 440.105(4)(b)(9) is sufficient to trigger the provisions

Chapman v. Nationsbank

937 So. 2d 788, 2006 WL 2612683

District Court of Appeal of Florida | Filed: Sep 13, 2006 | Docket: 1160307

Cited 1 times | Published

her psychiatric condition in violation of section 440.105(4)(b), Florida Statutes (1997), is supported

Paulson v. DIXIE COUNTY EMERGENCY MEDICAL

936 So. 2d 1109, 2006 WL 2056399

District Court of Appeal of Florida | Filed: Jul 26, 2006 | Docket: 1651146

Cited 1 times | Published

Claimant committed any of the acts prohibited in section 440.105(4)(b), Florida Statutes. However, the E/C denied

Smith v. Chepolis

896 So. 2d 934, 2005 Fla. App. LEXIS 2676, 2005 WL 491319

District Court of Appeal of Florida | Filed: Mar 4, 2005 | Docket: 64836895

Cited 1 times | Published

treated as an “employer” only in an action under section 440.105 or 440.106. These statutes establish criminal

Lee v. Volusia County School Bd.

890 So. 2d 397, 2004 Fla. App. LEXIS 19705, 2004 WL 2964040

District Court of Appeal of Florida | Filed: Dec 23, 2004 | Docket: 1290729

Cited 1 times | Published

determined section 440.09(4), in relation to section 440.105, does not violate due process. See Medina v

Sedgwick Claims Management Services, the GEO Group, Inc. v. Ryan Thompson

District Court of Appeal of Florida | Filed: Sep 3, 2025 | Docket: 71258606

Published

follows: 9 Additional argument encompassed section 440.105, Florida Statutes (1995), that further provides

Jane Jeischa Aldana Perez, as Personal Representative of the Estate of Jhourdan Hernandez v. Gregory Tony as Sherriff of Broward County

District Court of Appeal of Florida | Filed: Apr 3, 2024 | Docket: 68307144

Published

to commit that fraud, in violation of section 440.105(4)(f)3., Florida Statutes (2022);

Beverli Garcia-Simisterra v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit | Filed: Dec 30, 2020 | Docket: 26989097

Published

value of “$100,000.00 or more.” See Fla. Stat. § 440.105(4)(f)(3); In re Babaisakov, 24 I. & N. Dec

Edna Hernandez v. Food Market Corp. dba Joseph's Classic Market and AmTrust North America of FL and Associated Industries

District Court of Appeal of Florida | Filed: Oct 30, 2019 | Docket: 16401543

Published

if he or she commits any act described in section 440.105, Florida Statutes, “for the purpose of securing

Cal-Maine Foods/Broadspire v. Howard

225 So. 3d 898, 2017 Fla. App. LEXIS 10681, 2017 WL 3160125

District Court of Appeal of Florida | Filed: Jul 26, 2017 | Docket: 60274126

Published

all prohibited acts in section 440.105 entail a “fraud” element. See § 440.105(4)(b)2.-3., Fla. Stat.

City of Hialeah v. Bono

207 So. 3d 1030, 2017 Fla. App. LEXIS 498

District Court of Appeal of Florida | Filed: Jan 19, 2017 | Docket: 63631931

Published

payment” under the Workers’ Compensation Law. § 440.105(4)(b)l., Fla. Stat. (2013). And workers’ compensation

THG Rentals & Sales of Clearwater, Inc. v. James C. Arnold

196 So. 3d 485

District Court of Appeal of Florida | Filed: Jul 6, 2016 | Docket: 4108127

Published

requirement is not found in the law. Section 440.105, Florida Statutes, makes it illegal for any

Cory Fairbanks Mazda v. Minor

192 So. 3d 596, 2016 WL 3001809, 2016 Fla. App. LEXIS 7984

District Court of Appeal of Florida | Filed: May 25, 2016 | Docket: 60255370

Published

considerations that attach to’ medical information. See § 440.105(b), Fla. Stat. (2013) (making unlawful any statement

Marvin Castellanos v. Next Door Company

192 So. 3d 431, 41 Fla. L. Weekly Supp. 197, 2016 WL 1700521, 2016 Fla. LEXIS 885

Supreme Court of Florida | Filed: Apr 28, 2016 | Docket: 3059072

Published

pursuant to the statutory fee . schedule. See § 440.105(3)(c), Fla. Stat. (“It is unlawful for any attorney

THG Rentals & Sales of Clearwater, Inc. v. James C. Arnold

District Court of Appeal of Florida | Filed: Mar 20, 2016 | Docket: 3046108

Published

requirement is not found in the law. Section 440.105, Florida Statutes, makes it illegal for any

Tony Joe Leggett v. Barnett Marine, Inc. and Sea Bright etc.

167 So. 3d 480

District Court of Appeal of Florida | Filed: Jun 3, 2015 | Docket: 2662143

Published

2013, through July 11, 2014. II. Section 440.105(4)(b)(l) states it is illegal for any person

Evelina Cuenca v. Nova Southeastern University and York etc.

160 So. 3d 941, 2015 WL 1578254

District Court of Appeal of Florida | Filed: Apr 16, 2015 | Docket: 2650258

Published

approval of the E/SA-paid fee. See § 440.105(3)(c), Fla. Stat. (2013) (requiring JCC approve

Jovita Cortes-Martinez v. Palmetto Vegetable Co., LLC

159 So. 3d 934, 2015 WL 1021122

District Court of Appeal of Florida | Filed: Mar 9, 2015 | Docket: 2640375

Published

prohibition on claimant-paid attorney’s fees in section 440.105(3)(e) and 440.34 [is] unconstitutional, and

Clark v. R & L Carriers

151 So. 3d 1291, 2014 Fla. App. LEXIS 20806, 2014 WL 7273933

District Court of Appeal of Florida | Filed: Dec 23, 2014 | Docket: 60244429

Published

employer or carrier must prove violations of section 440.105(4)(b) by a preponderance of evidence. See Singletary

Juan E. Rivas v. Oasis Outsourcing, Inc and Sedgwick etc.

147 So. 3d 670

District Court of Appeal of Florida | Filed: Sep 22, 2014 | Docket: 1310557

Published

approval of the $1,500 E/C-paid fee. See § 440.105(3)(c), Fla. Stat. (2013) (requiring JCC approve

Vega v. FRS Environmental Remediators

145 So. 3d 895, 2014 WL 3709762, 2014 Fla. App. LEXIS 11571

District Court of Appeal of Florida | Filed: Jul 28, 2014 | Docket: 60242766

Published

guilty of workers’ compensation fraud under section 440.105, *896Florida Statutes, in a court of competent

State v. Hector

138 So. 3d 1063, 2014 WL 1686461, 2014 Fla. App. LEXIS 6219

District Court of Appeal of Florida | Filed: Apr 30, 2014 | Docket: 60240460

Published

were charged with one count of fraud under section 440.105(4)(b)9., Florida Statutes (2012). The trial

Hamm ex rel. Hamm v. PMI Employee Leasing

134 So. 3d 1150, 2014 WL 1356792, 2014 Fla. App. LEXIS 5112

District Court of Appeal of Florida | Filed: Apr 7, 2014 | Docket: 60239054

Published

previously reversed findings of fraud under section 440.105(4)(b), Florida Statutes, holding that a JCC

Carroso v. State

129 So. 3d 374, 2013 WL 5224914, 2013 Fla. App. LEXIS 14797

District Court of Appeal of Florida | Filed: Sep 18, 2013 | Docket: 60237376

Published

“monetary value” between $20,000 and $100,000. See § 440.105(4), Fla. Stat. (2005). Although he has already

Jacobson v. Southeast Personnel Leasing, Inc.

113 So. 3d 1042, 2013 WL 2421065, 2013 Fla. App. LEXIS 8936, 38 Fla. L. Weekly Fed. D 1242

District Court of Appeal of Florida | Filed: Jun 5, 2013 | Docket: 60231403

Published

fee is reasonable. Legal Background Under section 440.105(3)(c), Florida Statutes (2007), an attorney

Gomez Lawn Service, Inc. v. The Hartford

98 So. 3d 212, 2012 WL 4465233, 2012 Fla. App. LEXIS 16460

District Court of Appeal of Florida | Filed: Sep 28, 2012 | Docket: 60312234

Published

sanction an E/C or its attorney for violating section 440.105, it could have easily done so as it did in

Lucas v. ADT Security Inc./Sedgwick CMS

72 So. 3d 270, 2011 Fla. App. LEXIS 16265, 2011 WL 4905742

District Court of Appeal of Florida | Filed: Oct 17, 2011 | Docket: 60303236

Published

denying benefits on the ground she violated section 440.105, Florida Statutes (2006), by making false or

Lucas v. ADT Security Inc./Sedgwick CMS

65 So. 3d 616, 2011 Fla. App. LEXIS 11454, 2011 WL 2937309

District Court of Appeal of Florida | Filed: Jul 22, 2011 | Docket: 2362266

Published

denying benefits on the ground she violated section 440.105, Florida Statutes (2006), by making false or

Florida Department of Transportation v. Rippy

67 So. 3d 1122, 2011 Fla. App. LEXIS 11176, 2011 WL 2753773

District Court of Appeal of Florida | Filed: Jul 18, 2011 | Docket: 60301934

Published

under chapter 440 on grounds Claimant violated section 440.105(4)(b), Florida Statutes (2006), and thus, pursuant

Steel Dynamics Inc.-New Millennium v. Markham

46 So. 3d 641, 2010 Fla. App. LEXIS 16153, 2010 WL 4157257

District Court of Appeal of Florida | Filed: Oct 25, 2010 | Docket: 60296348

Published

commission of a criminal offense found in section 440.105, Florida Statutes, and further, because the

Castellon v. RC ALUMINUM INDUSTRIES, INC.

40 So. 3d 39, 2010 Fla. App. LEXIS 9199, 2010 WL 2541703

District Court of Appeal of Florida | Filed: Jun 25, 2010 | Docket: 1667095

Published

§ 440.34(1), Fla. Stat. (2007). Moreover, section 440.105(3)(c), Florida Statutes (2007), makes it unlawful

Padilla v. Collins Contracting

22 So. 3d 124, 2009 Fla. App. LEXIS 16135, 2009 WL 3491034

District Court of Appeal of Florida | Filed: Oct 30, 2009 | Docket: 60267013

Published

chief judge. The deputy chief judge cited section 440.105(7), Florida Statutes, as authority for requiring

Pruden v. Herbert Contractors, Inc.

988 So. 2d 135, 2008 Fla. App. LEXIS 12891, 2008 WL 2901344

District Court of Appeal of Florida | Filed: Jul 30, 2008 | Docket: 64855377

Published

under chapter 440 are not self-executing. Section 440.105(3)(c) expressly requires the JCC to approve

AMS STAFF LEASING, INC. v. Arreola

976 So. 2d 612, 2008 WL 244665

District Court of Appeal of Florida | Filed: Jan 31, 2008 | Docket: 1274371

Published

Rick Blystone, Not So Fast! A Closer Look at § 440.105(4)(B)(9) Reveals Unauthorized Workers Should be

Lalonde v. CHECKER'S DRIVE-IN RESTAURANTS

943 So. 2d 993, 2006 WL 3589004

District Court of Appeal of Florida | Filed: Dec 12, 2006 | Docket: 1527015

Published

of obtaining workers' compensation benefits. § 440.105(b), Fla. Stat. (2002). AFFIRMED in part, REVERSED

Weaver v. MBM

936 So. 2d 732, 2006 Fla. App. LEXIS 14004, 2006 WL 2402796

District Court of Appeal of Florida | Filed: Aug 22, 2006 | Docket: 64846335

Published

available to carriers accused of fraud under section 440.105. He also argues that these statutes impose

Quiroz v. Health Cent. Hosp.

929 So. 2d 563, 2006 WL 908433

District Court of Appeal of Florida | Filed: Apr 11, 2006 | Docket: 1727030

Published

benefits to claimant based on fraud pursuant to section 440.105, Florida Statutes (2002). Claimant argues that

Polston v. Hurricane Island Outward Bound

920 So. 2d 766, 2006 Fla. App. LEXIS 1740, 2006 WL 317004

District Court of Appeal of Florida | Filed: Feb 13, 2006 | Docket: 64842359

Published

Compensation Claims (JCC) finding that she violated section 440.105(4)(b)(2), Florida Statutes. We reverse and

O'Leary v. USA Waste Management

863 So. 2d 367, 2003 Fla. App. LEXIS 18677, 2003 WL 22880497

District Court of Appeal of Florida | Filed: Dec 8, 2003 | Docket: 64827466

Published

concealed material information, thereby violating section 440.105(4)(b)3, Florida Statutes, and being disqualified

Amendments to the Florida Rules of Workers' Compensation Procedure

829 So. 2d 791, 27 Fla. L. Weekly Supp. 795, 2002 Fla. LEXIS 1884, 2002 WL 31084673

Supreme Court of Florida | Filed: Sep 19, 2002 | Docket: 64818760

Published

shall contain the fraud notice contained in section 440.105(7), Florida Statutes, and shall personally

Liberty Mutual Insurance Co. v. Prather

810 So. 2d 976, 2002 Fla. App. LEXIS 1117, 2002 WL 181273

District Court of Appeal of Florida | Filed: Feb 6, 2002 | Docket: 64813230

Published

employer/cam-er’s motion to dismiss under section 440.105(4)(b), Florida Statutes, on the ground that

Amendments to the Florida Rules of Workers' Compensation Procedure

795 So. 2d 863, 25 Fla. L. Weekly Supp. 866, 2000 Fla. LEXIS 2275, 2000 WL 1508551

Supreme Court of Florida | Filed: Oct 12, 2000 | Docket: 64808988

Published

STATUTES)-AND. PETITIONER’S ATTESTATION — (SECTION 440.105(7), FLORIDA STATUTES). I, . . (print or type

Reim v. Mulligan

722 So. 2d 241, 1998 Fla. App. LEXIS 15316, 1998 WL 846076

District Court of Appeal of Florida | Filed: Dec 9, 1998 | Docket: 64784905

Published

and 440.106, *243Florida Statutes (1995). Section 440.105 contains a list of prohibited activities and

Laboo v. State

715 So. 2d 1034, 1998 Fla. App. LEXIS 9479, 1998 WL 427077

District Court of Appeal of Florida | Filed: Jul 27, 1998 | Docket: 64782138

Published

2d 79, 81 (Fla.1996). The plain reading of section 440.105(5) evidences the legislature’s intent to allow

PALM BEACH COUNTY SCHOOL BD. v. Paulk

705 So. 2d 37, 1997 WL 740728

District Court of Appeal of Florida | Filed: Dec 3, 1997 | Docket: 1577073

Published

(1989), which has since been transferred to section 440.105(3), Florida Statutes (Supp.1994), it is a misdemeanor

In re Amendments to the Florida Rules of Workers' Compensation Procedure

674 So. 2d 631, 21 Fla. L. Weekly Supp. 223, 1996 Fla. LEXIS 827, 1996 WL 268079

Supreme Court of Florida | Filed: May 16, 1996 | Docket: 64765026

Published

shall contain the fraud notice contained in section 440.105(7), Florida Statutes, and shall personally