Florida Statute 440.12 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

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F.S. 440.12

440.12 Time for commencement and limits on weekly rate of compensation.—

(1) Compensation is not allowed for the first 7 days of the disability, except for benefits provided under s. 440.13. However, if the injury results in more than 21 days of disability, compensation is allowed from the commencement of the disability.

(a) All weekly compensation payments, except for the first payment, must be paid by check or, if authorized by the employee, paid on a prepaid card pursuant to paragraph (b), deposited directly into the employee’s account at a financial institution as defined in s. 655.005, or transmitted to the employee’s account with a money transmitter licensed under part II of chapter 560.

(b) Upon receipt of authorization by the employee as provided in paragraph (a), a carrier may use a prepaid card to deliver the payment of compensation to an employee if the employee is:

1. Provided with at least one means of accessing his or her entire compensation payment once per week without incurring fees;

2. Provided with the ability to make point-of-sale purchases without incurring fees from the financial institution issuing the prepaid card; and

3. Provided with the terms and conditions of the prepaid card program, including a description of any fees that may be assessed.

(c) Each carrier shall keep a record of all payments made under this subsection, including the time and manner of such payments, and shall furnish these records or a report based on these records to the Division of Investigative and Forensic Services and the Division of Workers’ Compensation, upon request.

(d) The department may adopt rules to administer this section.

(2) Compensation for disability resulting from injuries which occur after December 31, 1974, shall not be less than $20 per week. However, if the employee’s wages at the time of injury are less than $20 per week, he or she shall receive his or her full weekly wages. If the employee’s wages at the time of the injury exceed $20 per week, compensation shall not exceed an amount per week which is:

(a) Equal to 100 percent of the statewide average weekly wage, determined as hereinafter provided for the year in which the injury occurred; however, the increase to 100 percent from 66 2/3 percent of the statewide average weekly wage shall apply only to injuries occurring on or after August 1, 1979; and

(b) Adjusted to the nearest dollar.

For the purpose of this subsection, the “statewide average weekly wage” means the average weekly wage paid by employers subject to the Florida Reemployment Assistance Program Law as reported to the Department of Commerce for the four calendar quarters ending each June 30, which average weekly wage shall be determined by the Department of Commerce on or before November 30 of each year and shall be used in determining the maximum weekly compensation rate with respect to injuries occurring in the calendar year immediately following. The statewide average weekly wage determined by the Department of Commerce shall be reported annually to the Legislature.

(3) The provisions of this section as amended effective July 1, 1951, shall govern with respect to disability due to injuries suffered prior to July 1, 1959. The provisions of this section as amended effective July 1, 1959, shall govern with respect to disability due to injuries suffered after June 30, 1959, and prior to January 1, 1968. The provisions of this section as amended effective January 1, 1968, shall govern with respect to disability due to injuries suffered after December 31, 1967, and prior to July 1, 1970. The provisions of this section as amended effective July 1, 1970, shall govern with respect to disability due to injuries suffered after June 30, 1970, and prior to July 1, 1972. The provisions of this section as amended effective July 1, 1972, shall govern with respect to disability due to injuries suffered after June 30, 1972, and prior to July 1, 1973. The provisions of this section, as amended effective July 1, 1973, shall govern with respect to disability due to injuries suffered after June 30, 1973, and prior to January 1, 1975.

History.—s. 12, ch. 17481, 1935; CGL 1936 Supp. 5966(12); s. 5, ch. 18413, 1937; s. 1, ch. 21824, 1943; ss. 1, 3, ch. 26876, 1951; s. 1, ch. 59-151; s. 1, ch. 67-239; s. 1, ch. 70-172; s. 1, ch. 72-198; ss. 3, 4, ch. 73-127; s. 7, ch. 74-197; ss. 3, 23, ch. 78-300; ss. 7, 124, ch. 79-40; s. 21, ch. 79-312; s. 3, ch. 80-236; ss. 9, 43, ch. 89-289; ss. 17, 56, ch. 90-201; ss. 15, 52, ch. 91-1; s. 109, ch. 97-103; s. 11, ch. 2001-91; s. 23, ch. 2002-194; s. 346, ch. 2011-142; s. 1, ch. 2011-174; s. 34, ch. 2011-194; s. 66, ch. 2012-30; s. 12, ch. 2016-165; s. 2, ch. 2020-63; s. 169, ch. 2024-6.

F.S. 440.12 on Google Scholar

F.S. 440.12 on Casetext

Amendments to 440.12

Arrestable Offenses / Crimes under Fla. Stat. 440.12

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 440.12.

Annotations, Discussions, Cases:

Cases Citing Statute 440.12

Total Results: 20

Meghan Anderson v. Broward County Sheriff's Office and Gallagher Bassett Services, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2018-07-25

Citation: 251 So. 3d 318

Snippet: on both counts. First, nothing in section 440.12(12)(c) supports the notion that financial need

Jacqueline Sinclair v. ManorCare Health Services - Dunedin, and HCR Manorcare

Court: District Court of Appeal of Florida | Date Filed: 2017-08-07

Citation: 224 So. 3d 331, 2017 WL 3360903, 2017 Fla. App. LEXIS 11401

Snippet: first seven days of the disability period. Section 440.12(1), Florida Statutes (2013), provides that “[c]ompensation

Jiminez v. United Parcel Service

Court: District Court of Appeal of Florida | Date Filed: 2017-06-19

Citation: 226 So. 3d 317, 2017 WL 2625440

Snippet: weekly compensation rate set out in subsection 440.12(2), Florida Statutes (2014). Petitioner argues

Thomas Eckert v. Pinellas County Sheriff's Office/Pinellas County etc.

Court: District Court of Appeal of Florida | Date Filed: 2017-03-31

Citation: 215 So. 3d 161, 2017 Fla. App. LEXIS 4411

Snippet: maximum weekly benefit under s. *162 440.12; provided, however, that such benefits shall be

SC13-1976 Bradley Westphal v. City of St. Petersburg, etc. and City of St. Petersburg, etc. v. Bradley Westphal – Corrected Opinion

Court: Supreme Court of Florida | Date Filed: 2016-07-07

Snippet: weeks except as provided in this subsection, s. 440.12(1), and s. 440.14(3).[4] Once the employee

& SC13-1976 Bradley Westphal v. City of St. Petersburg, etc. and City of St. Petersburg, etc. v. Bradley Westphal

Court: Supreme Court of Florida | Date Filed: 2016-06-09

Citation: 194 So. 3d 311

Snippet: weeks except as provided in this subsection, s. 440.12(1), and s. 440.14(3).[ 4] Once the employee reaches

Box v. Tallahassee Fire Department/City of Tallahassee

Court: District Court of Appeal of Florida | Date Filed: 2015-03-31

Citation: 160 So. 3d 133, 2015 Fla. App. LEXIS 4724, 2015 WL 1442510

Snippet: to exceed the maximum weekly benefits under s. 440.12; provided, however, that such *135benefits shall

Hernando County Sheriff's Office v. Sikalos

Court: District Court of Appeal of Florida | Date Filed: 2014-06-25

Citation: 141 So. 3d 1236, 2014 Fla. App. LEXIS 9624, 2014 WL 2874297

Snippet: statutory minimum amount of $20 per week. See § 440.12(2), Fla. Stat. (2012) (“Compensation for disability

Cannino v. Progressive Express Insurance Co.

Court: District Court of Appeal of Florida | Date Filed: 2010-12-17

Citation: 58 So. 3d 275, 2010 Fla. App. LEXIS 19397, 2010 WL 5129298

Snippet: bills and wage loss, albeit at different levels, §§ 440.12, .13, and it includes disability compensation,

SEMINOLE COUNTY GOVERNMENT v. Baumgardner

Court: District Court of Appeal of Florida | Date Filed: 2010-02-05

Citation: 28 So. 3d 145, 2010 Fla. App. LEXIS 986, 2010 WL 396320

Snippet: not to exceed the maximum weekly benefit under s. 440.12; provided, however, that such benefits shall be

In Re Amendments to the Florida Rules of Civil Procedure-Management of Cases Involving Complex Litigation

Court: Supreme Court of Florida | Date Filed: 2009-05-28

Citation: 15 So. 3d 558, 34 Fla. L. Weekly Supp. 336, 2009 Fla. LEXIS 927, 2009 WL 1473978

Snippet: (Family Court Cover Sheet). Because rules 1.201, 1.440, 12.100, and 12.201 and forms 1.997, 1.998, and 12

Ago

Court: Florida Attorney General Reports | Date Filed: 2008-05-05

Snippet: "not to exceed the maximum weekly benefit under s. 440.12" was intended to refer to the immediately preceding

Stubbs v. BOB DALE CONST.

Court: District Court of Appeal of Florida | Date Filed: 2008-03-25

Citation: 977 So. 2d 718, 2008 WL 762519

Snippet: be determined, subject to the limitations of s. 440.12(2), as follows: (a) If the injured employee has

Sonny Glassbrenner, Inc. v. Dowling

Court: District Court of Appeal of Florida | Date Filed: 2005-10-18

Citation: 913 So. 2d 82, 2005 Fla. App. LEXIS 16460, 2005 WL 2649222

Snippet: be determined, subject to the limitations of s. 440.12(2), as follows: (a) If the injured employee has

Osceola County School Board v. Boos

Court: District Court of Appeal of Florida | Date Filed: 2005-10-11

Citation: 912 So. 2d 667, 2005 Fla. App. LEXIS 16142

Snippet: minimum compensation rate referenced in section 440.12(2), Florida Statutes. As the appellants contend

Bestone East Coast USA Corp. v. Sanchez

Court: District Court of Appeal of Florida | Date Filed: 2005-03-29

Citation: 899 So. 2d 379, 2005 Fla. App. LEXIS 4289, 2005 WL 700955

Snippet: “shall be subject to the limits provided in s. 440.12(2), shall not exceed $150,000, and may be less

Vreuls v. Progressive Employer Services

Court: District Court of Appeal of Florida | Date Filed: 2004-08-30

Citation: 881 So. 2d 688, 2004 Fla. App. LEXIS 12746

Snippet: employee, subject to the limits provided in s. 440.12(2), as follows: (1) Permanent total disability

Orange County Corrections v. Summers

Court: District Court of Appeal of Florida | Date Filed: 2004-04-26

Citation: 870 So. 2d 952, 2004 Fla. App. LEXIS 5651, 2004 WL 875524

Snippet: maximum compensation rate set forth in section 440.12(2), Florida Statutes, applies to temporary disability

James v. ARMSTRONG WORLD INDUSTRIES, INC.

Court: District Court of Appeal of Florida | Date Filed: 2003-12-31

Citation: 864 So. 2d 1132, 2003 WL 23094733

Snippet: be determined, subject to the limitations of s. 440.12(2), as follows: (a) If the injured employee has

Ago

Court: Florida Attorney General Reports | Date Filed: 2003-12-15

Snippet: "not to exceed the maximum weekly benefit under s. 440.12" was intended to refer to the immediately preceding