440.106
Civil remedies; administrative penalties.
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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.
Notes of Decisions
Cited in 6
cases, 1998–2010 · leading case: Aguilera v. Inservices, Inc.
Aguilera v. Inservices, Inc. (2005)
“See § 440.106(3), Fla. Stat. (2000). Damages for bad faith are also authorized by the Act.”
Inservices, Inc. v. Aguilera (2002)
“See § 440.106(3), Fla. Stat. (2000). Damages for bad faith are also authorized by the Act.”
McArthur v. MENTAL HEALTH CARE, INC. (2010)
“§ 440.106, Fla. Stat. This statute does not grant the JCC any authority to determine whether an attorney or carrier has violated section 440.”
Amendments to the Florida Rules of Workers' Compensation Procedure (2002)
“20(12)(d), Florida Statutes, appeals of administrative fines or penalties under section 440.106, Florida Statutes, motions for appointment of guardians, motions to appoint expert medical advisors under section 440.”
Amendments to the Florida Rules of Workers' Compensation Procedure (2000)
“20(12)(d), Florida Statutes, appeals of administrative fines or penalties under section 440.106, Florida Statutes, motions for appointment of guardians, motions to appoint expert medical advisors under section 440.”
Reim v. Mulligan (1998)
“Section 440.106 provides civil remedies for violations of section 440.”
— 440.106(3) — 2 cases
Aguilera v. Inservices, Inc. (2005)
“See § 440.106(3), Fla. Stat. (2000). Damages for bad faith are also authorized by the Act.”
Inservices, Inc. v. Aguilera (2002)
“See § 440.106(3), Fla. Stat. (2000). Damages for bad faith are also authorized by the Act.”
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