Florida Statute 440.106 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

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F.S. 440.106

440.106 Civil remedies; administrative penalties.—

(1) Whenever any circuit or special grievance committee acting under the jurisdiction of the Supreme Court finds probable cause to believe that an attorney has violated s. 440.105, such committee may forward to the appropriate state attorney a copy of the findings of probable cause and a copy of the report being filed in the matter.

(2) Whenever a physician, osteopathic physician, chiropractic physician, podiatric physician, or other practitioner is determined to have violated s. 440.105, the Board of Medicine as set forth in chapter 458, the Board of Osteopathic Medicine as set forth in chapter 459, the Board of Chiropractic Medicine as set forth in chapter 460, the Board of Podiatric Medicine as set forth in chapter 461, or other appropriate licensing authority, shall hold an administrative hearing to consider the imposition of administrative sanctions as provided by law against said physician, osteopathic physician, chiropractic physician, or other practitioner.

(3) Whenever any group or individual self-insurer, carrier, rating bureau, or agent or other representative of any carrier or rating bureau is determined to have violated s. 440.105, the agency responsible for licensure or certification may revoke or suspend the authority or certification of the group or individual self-insurer, carrier, agent, or broker.

(4) The department or the Office of Insurance Regulation shall report any contractor determined in violation of requirements of this chapter to the appropriate state licensing board for disciplinary action.

(5) The terms “violation” or “violated” shall include having been found guilty of or having pleaded guilty or nolo contendere to a felony or misdemeanor under the law of the United States of America or any state thereof or under the law of any other country without regard to whether a judgment of conviction has been entered by the court having jurisdiction of such cases.

History.—s. 14, ch. 93-415; s. 14, ch. 97-98; s. 44, ch. 97-264; ss. 187, 258, ch. 98-166; s. 20, ch. 2002-194; s. 475, ch. 2003-261.

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Amendments to 440.106

Arrestable Offenses / Crimes under Fla. Stat. 440.106

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 440.106.

Annotations, Discussions, Cases:

Cases Citing Statute 440.106

Total Results: 8

McArthur v. MENTAL HEALTH CARE, INC.

Court: District Court of Appeal of Florida | Date Filed: 2010-05-14

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

Snippet: penalties. See § 440.09(4)(a), 440.105(4)(f), 440.106, Fla. Stat. The process by which an employee may

Aguilera v. Inservices, Inc.

Court: Supreme Court of Florida | Date Filed: 2005-06-16

Citation: 905 So. 2d 84, 2005 WL 1403993

Snippet: carrier for violation of Section 440.105. See § 440.106(3), Fla. Stat. (2000). Damages for bad faith are

Smith v. Chepolis

Court: District Court of Appeal of Florida | Date Filed: 2005-03-04

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

Snippet: “employer” only in an action under section 440.105 or 440.106. These statutes establish criminal and administrative

Inservices, Inc. v. Aguilera

Court: District Court of Appeal of Florida | Date Filed: 2002-12-26

Citation: 837 So. 2d 464, 2002 WL 31870185

Snippet: carrier for violation of Section 440.105. See § 440.106(3), Fla. Stat. (2000). Damages for bad faith are

Amendments to the Florida Rules of Workers' Compensation Procedure

Court: Supreme Court of Florida | Date Filed: 2002-09-19

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

Snippet: administrative fines or penalties under section 440.106, Florida Statutes, motions for appointment of guardians

Amendments to the Florida Rules of Workers' Compensation Procedure

Court: Supreme Court of Florida | Date Filed: 2000-10-12

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

Snippet: administrative fines or penalties under section 440.106, Florida Statutes, motions for appointment of guardians

Reim v. Mulligan

Court: District Court of Appeal of Florida | Date Filed: 1998-12-09

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

Snippet: “employer” for the purposes of sections 440.105 and 440.106, *243Florida Statutes (1995). Section 440.105 contains

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

Court: Supreme Court of Florida | Date Filed: 1996-05-16

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

Snippet: administrative fines or penalties under section 440,106, Florida Statutes, motions for appointment of guardians