Florida Statutes

Fla. Stat. § 440.105 (2025)

Prohibited activities; reports; penalties; limitations.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.

Arrestable Offenses under F.S. 440.105

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd
§440.105(4)FRAUDREMOVEDF · 3rd
§440.105(5)PUBLIC ORDER CRIMESATTORNEY OR OTHER SOLICIT WORK COMP CLAIMF · 2nd
§440.105(7)FRAUD-FALSE STATEMENTREMOVEDF · 3rd
§440.105(2a1)PUBLIC ORDER CRIMESCOERCE EMPL TO OBT CERTIF OF WORK COMP EXEMPTM · 1st
§440.105(2a2)PUBLIC ORDER CRIMESFIRE NOT HIRE EMP APP BC FILED WORK COMP CLAIMM · 1st
§440.105(2a3)PUBLIC ORDER CRIMESADVER EMP ACTION BC REP VIOL OF WORK COMP REGSM · 1st
§440.105(2a4)PUBLIC ORDER CRIMESREPEALED 7/1/06. 2006-305M · 1st
§440.105(2b)PUBLIC ORDER CRIMESINS CO CANCEL INS BC EMP FILED WORK COMP CLAIMM · 1st
§440.105(3a)PUBLIC ORDER CRIMESFAIL UPDTE APP POST NOT RE WORK COMP COVERAGEM · 1st
§440.105(3b)PUBLIC ORDER CRIMESEMPLOYER HIRE EMPLOYEE WHO USED FALSE IDM · 1st
§440.105(3c)PUBLIC ORDER CRIMESATTY OTHERS RECEIVE UNAPPROVED WORK COMP FEEM · 1st
§440.105(4a1)FRAUD-FALSE STATEMENTEMPLYR FALSE CLAIM COMPLY EVID K-0KF · 2nd
§440.105(4a1)FRAUD-FALSE STATEMENTEMPLOYER MAKE FALSE CLAIM OF COMPLIANCE 0K+F · 1st
§440.105(4a1)FRAUD-FALSE STATEMENTEMPLYR FALSE CLAIM COMPLY EVID LT KF · 3rd
§440.105(4a2)FRAUDEMP PAY EMPR W/C CONTR CLAIM K-0KF · 2nd
§440.105(4a2)FRAUDEMPLR DEDUCT PAY CONTRIB COMP FUND 0K+F · 1st
§440.105(4a2)FRAUDEMPLR DEDUCT PAY WORK CONTRB COMP FUND LT KF · 3rd
§440.105(4a3)FRAUDEMPLYR FAIL SECURE WORK COMP INSURANCE LT KF · 3rd
§440.105(4a3)FRAUDEMPLYR FAIL SECURE WORK COMP INS K-0KF · 2nd
§440.105(4a3)FRAUDEMPLYR FAIL SECURE WORK COMP INSURANCE 0K+F · 1st
§440.105(4b)FRAUD-FALSE STATEMENTRENUMBERED. SEE REC # 8482F · 3rd
§440.105(4b)FRAUD-FALSE STATEMENTRENUMBERED. SEE REC # 8483F · 2nd
§440.105(4b)FRAUD-FALSE STATEMENTRENUMBERED. SEE REC # 8484F · 1st
§440.105(4b1)FRAUD-FALSE STATEMENTMAKE FALSE STATEMENT OBTAIN/DENY PAYMNT 0K+F · 1st
§440.105(4b1)FRAUD-FALSE STATEMENTMAKE FALSE STATEMNT OBTAIN/DENY PAYMNT LT KF · 3rd
§440.105(4b1)FRAUD-FALSE STATEMENTMAKE FALS STATEMT OBT/DENY PAYMT K-0KF · 2nd
§440.105(4b2)FRAUD-FALSE STATEMENTPRESENT FALSE WC CLAIM PAYMENT BENEFIT 0K+F · 1st
§440.105(4b2)FRAUD-FALSE STATEMENTPRESENT FALSE WORKER COMP CLAIM K-0KF · 2nd
§440.105(4b2)FRAUD-FALSE STATEMENTPRESENT FALSE WC CLAIM PAYMENT BENEFIT LT KF · 3rd
§440.105(4b3)FRAUD-FALSE STATEMENTPRESENT EMPLOYER INS CO FALSE WC STATE LT KF · 3rd
§440.105(4b3)FRAUD-FALSE STATEMENTPRESNT EMPLYR INS CO FLSE WC STATE K-0KF · 2nd
§440.105(4b3)FRAUD-FALSE STATEMENTPRESENT EMPLOYER INS CO FALSE WC STATE 0K+F · 1st
§440.105(4b4)FRAUDASSIST CONSPIRE ENGAGE IN FALSE WC ACT LT KF · 3rd
§440.105(4b4)FRAUDASSIST CONSPIRE ENGAG FALSE WC ACT K-0KF · 2nd
§440.105(4b4)FRAUDASSIST CONSPIRE ENGAGE IN FALSE WC ACT 0K+F · 1st
§440.105(4b5)FRAUD-FALSE STATEMENTOMIT CONCEAL MAT INFO OBT WC PYMT PREM LT KF · 3rd
§440.105(4b5)FRAUD-FALSE STATEMENTOMIT CNCEAL MAT INF OBT WC PAY PREM K-0KF · 2nd
§440.105(4b5)FRAUD-FALSE STATEMENTOMIT CONCEAL MATER INF OBT WC PAY PREM 0K+F · 1st
§440.105(4b6)FRAUDMISREP PAY CLAS INF EMPLY LOS HSTRY K-0KF · 2nd
§440.105(4b6)FRAUDMISREP PAY CLAS INF EMPLYR LOSS HISTRY 0K+F · 1st
§440.105(4b6)FRAUDMISREP PAY CLAS INF EMPLYR LOSS HISTRY LT KF · 3rd
§440.105(4b7)FRAUD-FALSE STATEMENTEVID COMPLIAN ELIGIB FOR CERT EXEMP K-0KF · 2nd
§440.105(4b7)FRAUD-FALSE STATEMENTEVID COMPLIANCE ELIGIB FOR CERT EXEMPT 0K+F · 1st
§440.105(4b7)FRAUD-FALSE STATEMENTEVID COMPLIANCE ELIGIB FOR CERT EXEMPT LT KF · 3rd
§440.105(4b8)FRAUDVIOL WORK COMP STOP WORK ORDER 0K+F · 1st
§440.105(4b8)FRAUDVIOL WORK COMP STOP WORK ORDER K-0KF · 2nd
§440.105(4b8)FRAUDVIOL WORK COMP STOP WORK ORDER LT KF · 3rd
§440.105(4b9)FRAUDFALSE STATEMNT ID OBT WORK COMP BENEFIT 0K+F · 1st
§440.105(4b9)FRAUDFALSE STMT ID OBT WORK COMP BEN K-0KF · 2nd
§440.105(4b9)FRAUDFALSE STMT ID OBT WORK COMP BENEFIT LT KF · 3rd
§440.105(4c)FRAUDPHYS ASSIST WORK COMP FRAUD CLAIM LT KF · 3rd
§440.105(4c)FRAUDPHYS ASST CONSP WC FRAUD CLAIM K-0KF · 2nd
§440.105(4c)FRAUDPHYS ASSIST CONSPIRE WC FRAUD CLAIM 0K+F · 1st
§440.105(4d)FRAUDOPERATE HOSPITAL ALLOW WC FRAUD CLAIM LT KF · 3rd
§440.105(4d)FRAUDOPERATE HOSPITAL ALLOW WC FRAUD CLAIM 0K+F · 1st
§440.105(4d)FRAUDOPR HOSPTL ALLOW WC FRAUD CLAIM K-0KF · 2nd
§440.105(4e)FRAUDATTNY/OTHER ASSIST VIOL WC LAW CLAIM LT KF · 3rd
§440.105(4e)FRAUDATTY OTHER ASST VIOL WORKCOMP CLAIM K-0KF · 2nd
§440.105(4e)FRAUDATTORNEY/OTHER ASSIST VIOL WC CLAIM 100K+F · 1st
§440.105(4f1)FRAUDDELETEDF · 3rd
§440.105(4f2)FRAUDDELETEDF · 2nd
§440.105(4f3)FRAUDDELETEDF · 1st
§440.105(4f4)FRAUDDELETEDF · 3rd
Notes of Decisions
Cited in 86 cases (4 in the last 5 years), 1996–2026 · leading case: Marvin Castellanos v. Next Door Co., 192 So. 3d 431 (Fla. 2016).
Marvin Castellanos v. Next Door Co., 192 So. 3d 431 (Fla. 2016). · cites it 10× “; (3) an extensive fraud and penalty provision, § 440.105, Fla. Stat.; (4) a heightened standard of “major contributing cause” that applies in a majority of cases rather than the less stringent “proximate cause” standard in civil cases, § 440.”
Aguilera v. Inservices, Inc., 905 So. 2d 84 (Fla. 2005). · cites it 8× “2] If a carrier "lies" regarding available benefits, such statements constitute a criminal offense and subject the carrier to penalties under section 440.105, Florida Statutes (2000).”
Murray v. Mariner Health, 994 So. 2d 1051 (Fla. 2008). · cites it 4× “At the hearing before the Judge of Compensation Claims (JCC), respondents contended that (1) no injury arose out of or in the course of employment; (2) the claim was fraudulent under section 440.105, Florida Statutes (2003), because petitioner provided an incomplete medical…”
Isaac v. Green Iguana, Inc., 871 So. 2d 1004 (Fla. 1st DCA 2004). · cites it 7× “09(4) defense either must be raised by the employer/carrier pursuant to the applicable rules of procedure, if the facts supporting the defense are known by the employer/carrier; or must be raised by the JCC, if the actions violating section 440.105 occur before the JCC. In…”
Martha Miles v. City of Edgewater Police Dep't, 190 So. 3d 171 (Fla. 1st DCA 2016). · cites it 7× “Because section 440.105(3)(c), Florida Statutes, makes it a crime for an attorney to accept a fee that is not approved by a JCC, and section 440.”
Matrix Emp. Leasing v. Hernandez, 975 So. 2d 1217 (Fla. 1st DCA 2008). · cites it 14× “Accordingly, the act does not indicate that the Legislature intended the prepositional phrases "for the purpose of securing workers' compensation benefits" to no longer modify section 440.105, Florida Statutes, as they had previously.”
Arreola v. Admin. Concepts, 17 So. 3d 792 (Fla. 1st DCA 2009). · cites it 9× “We are again asked to address the parameters of section 440.105, Florida Statutes, frequently referred to as the “fraud defense.”
Vill. Apts. v. Hernandez, 856 So. 2d 1140 (Fla. 1st DCA 2003). · cites it 6× “This provision sanctions workers' compensation claimants by denying benefits to which they might otherwise have been entitled, if a claimant, in seeking benefits, knowingly provides any false, misleading, fraudulent or incomplete information as set forth in section 440.105,…”
Vill. of North Palm Beach v. McKale, 911 So. 2d 1282 (Fla. 1st DCA 2005). · cites it 6× “The only question is whether Claimant knowingly or intentionally committed any of the acts prohibited by section 440.105, Florida Statutes. Here, through surveillance, the E/C discovered Claimant was engaging in activities at the strip club that certainly at least resembles work.”
Mcarthur v. Mental Health Care, Inc., 35 So. 3d 105 (Fla. 1st DCA 2010). · cites it 7× “The process by which an employee may be sanctioned for violating section 440.105 is set forth in section 440.”
Singletary v. Yoder's & Ameritrust Ins. Corp., 871 So. 2d 289 (Fla. 1st DCA 2004). · cites it 6× “[c]laimant *291 knowingly made false or misleading oral and written statements for the purpose of obtaining benefits [in violation of section 440.105, Florida Statutes, (2002) ].”
Medina v. Gulf Coast Linen Servs., 825 So. 2d 1018 (Fla. 1st DCA 2002). · cites it 3× “Subsection (4) of that section qualifies the right as follows: An employee shall not be entitled to compensation or benefits under this chapter if any judge of compensation claims, administrative law judge, court, or jury convened in this state determines that the employee has…”
— 440.105(1) — 1 case
Horning-Keating v. Employers Ins. of Wausau, 969 So. 2d 412 (Fla. 5th DCA 2007).
— 440.105(1)(a) — 1 case
Horizons Painting v. Lessard, 688 So. 2d 941 (Fla. 1st DCA 1997).
— 440.105(1)(b) — 1 case
Horning-Keating v. Employers Ins. of Wausau, 969 So. 2d 412 (Fla. 5th DCA 2007).
— 440.105(2)(a) — 1 case
Bruner v. GC-GW, INC., 880 So. 2d 1244 (Fla. 1st DCA 2004).
— 440.105(2)(b) — 1 case
Scherer v. Volusia Cnty. Dep't of Corr., 171 So. 3d 135 (Fla. 1st DCA 2015).
— 440.105(3) — 1 case
Palm Beach Cnty. Sch. Bd. v. Paulk, 705 So. 2d 37 (Fla. 1st DCA 1997).
— 440.105(3)(a) — 1 case
Bend v. Shamrock Servs., 59 So. 3d 153 (Fla. 1st DCA 2011).
— 440.105(3)(c) — 9 cases
Marvin Castellanos v. Next Door Co., 192 So. 3d 431 (Fla. 2016). “; (3) an extensive fraud and penalty provision, § 440.105, Fla. Stat.; (4) a heightened standard of “major contributing cause” that applies in a majority of cases rather than the less stringent “proximate cause” standard in civil cases, § 440.”
Martha Miles v. City of Edgewater Police Dep't, 190 So. 3d 171 (Fla. 1st DCA 2016). “Because section 440.105(3)(c), Florida Statutes, makes it a crime for an attorney to accept a fee that is not approved by a JCC, and section 440.”
Jacobson v. Se. Pers. Leasing, Inc., 113 So. 3d 1042 (Fla. 1st DCA 2013).
Felice Kline v. JRD Mgmt. Corp. & CCMSI, 165 So. 3d 812 (Fla. 1st DCA 2015).
Juan E. Rivas v. Oasis Outsourcing, Inc & Sedgwick etc., 147 So. 3d 670 (Fla. 1st DCA 2014).
— 440.105(3)(e) — 2 cases
Jacobson v. Se. Pers. Leasing, Inc., 113 So. 3d 1042 (Fla. 1st DCA 2013).
Jovita Cortes-Martinez v. Palmetto Vegetable Co., LLC, 159 So. 3d 934 (Fla. 1st DCA 2015).
— 440.105(4) — 8 cases
Jose Delgado v. City Concrete Sys., Inc. & FCCI Ins. Co., 220 So. 3d 529 (Fla. 1st DCA 2017).
Carroso v. State, 129 So. 3d 374 (Fla. 2d DCA 2013).
Horizons Painting v. Lessard, 688 So. 2d 941 (Fla. 1st DCA 1997).
Florida Dep't of Transp. v. Rippy, 67 So. 3d 1122 (Fla. 1st DCA 2011).
Laboo v. State, 715 So. 2d 1034 (Fla. 1st DCA 1998).
— 440.105(4)(B)(9) — 1 case
Ams Staff Leasing, Inc. v. Arreola, 976 So. 2d 612 (Fla. 1st DCA 2008).
— 440.105(4)(a) — 1 case
— 440.105(4)(a)(3) — 1 case
Reim v. Mulligan, 722 So. 2d 241 (Fla. 2d DCA 1998).
— 440.105(4)(a)(5) — 1 case
— 440.105(4)(b) — 33 cases
Isaac v. Green Iguana, Inc., 871 So. 2d 1004 (Fla. 1st DCA 2004). “09(4) defense either must be raised by the employer/carrier pursuant to the applicable rules of procedure, if the facts supporting the defense are known by the employer/carrier; or must be raised by the JCC, if the actions violating section 440.105 occur before the JCC. In…”
Chapman v. Nationsbank, 872 So. 2d 390 (Fla. 1st DCA 2004).
State v. Brock, 138 So. 3d 1060 (Fla. 4th DCA 2014).
Vill. Apts. v. Hernandez, 856 So. 2d 1140 (Fla. 1st DCA 2003). “This provision sanctions workers' compensation claimants by denying benefits to which they might otherwise have been entitled, if a claimant, in seeking benefits, knowingly provides any false, misleading, fraudulent or incomplete information as set forth in section 440.105,…”
State v. Arnal, 941 So. 2d 556 (Fla. 3d DCA 2006).
— 440.105(4)(b)(1) — 2 cases
Singletary v. Yoder's & Ameritrust Ins. Corp., 871 So. 2d 289 (Fla. 1st DCA 2004). “[c]laimant *291 knowingly made false or misleading oral and written statements for the purpose of obtaining benefits [in violation of section 440.105, Florida Statutes, (2002) ].”
Marshall v. Amerisys, Inc., 943 So. 2d 276 (Fla. 3d DCA 2006).
— 440.105(4)(b)(2) — 1 case
Polston v. Hurricane Island Outward Bound, 920 So. 2d 766 (Fla. 1st DCA 2006).
— 440.105(4)(b)(9) — 1 case
Matrix Emp. Leasing v. Hernandez, 975 So. 2d 1217 (Fla. 1st DCA 2008). “Accordingly, the act does not indicate that the Legislature intended the prepositional phrases "for the purpose of securing workers' compensation benefits" to no longer modify section 440.105, Florida Statutes, as they had previously.”
— 440.105(4)(b)(l) — 2 cases
Carroso v. State, 129 So. 3d 374 (Fla. 2d DCA 2013).
Tony Joe Leggett v. Barnett Marine, Inc. & Sea Bright etc., 167 So. 3d 480 (Fla. 1st DCA 2015).
— 440.105(4)(f) — 2 cases
Carroso v. State, 129 So. 3d 374 (Fla. 2d DCA 2013).
— 440.105(5) — 1 case
Laboo v. State, 715 So. 2d 1034 (Fla. 1st DCA 1998).
— 440.105(7) — 3 cases
Padilla v. Collins Contracting, 22 So. 3d 124 (Fla. 1st DCA 2009).
— 440.105(S)(c) — 1 case
Altstatt v. Florida Dep't of Agric., 1 So. 3d 1285 (Fla. 1st DCA 2009).
— 440.105(b) — 2 cases
Cory Fairbanks Mazda v. Minor, 192 So. 3d 596 (Fla. 1st DCA 2016).
Lalonde v. Checker's Drive-in Restaurants, 943 So. 2d 993 (Fla. 1st DCA 2006).
— 440.105(l)(a) — 1 case
Bend v. Shamrock Servs., 59 So. 3d 153 (Fla. 1st DCA 2011).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.

This Florida statute resource is curated by Graham W. Syfert, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). Attorney Syfert regularly handles Chapter 440 matters in the context of workers' compensation claims and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.