Florida Statutes
Fla. Stat. § 440.211 (2025)
Authorization of collective bargaining agreement.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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440.211 Authorization of collective bargaining agreement.—
(1) Subject to the limitation stated in subsection (2), a provision that is mutually agreed upon in any collective bargaining agreement between an individually self-insured employer or other employer upon consent of the employer’s carrier and a recognized or certified exclusive bargaining representative establishing any of the following shall be valid and binding:
(a) An alternative dispute resolution system to supplement, modify, or replace the provisions of this chapter which may include, but is not limited to, conciliation, mediation, and arbitration. Arbitration held pursuant to this section shall be binding on the parties.
(b) The use of an agreed-upon list of health care providers of medical treatment which may be the exclusive source of all medical treatment under this chapter.
(c) The use of a limited list of physicians to conduct independent medical examinations which the parties may agree shall be the exclusive source of independent medical examiners pursuant to this chapter.
(d) A light-duty, modified-job, or return-to-work program.
(e) A vocational rehabilitation or retraining program.
(2) Nothing in this section shall allow any agreement that diminishes an employee’s entitlement to benefits as otherwise set forth in this chapter. Any such agreement in violation of this provision shall be null and void.
Notes of Decisions
Cited in 9
cases (1 in the last 5 years), 1996–2025 · leading case: Gassner v. Bechtel Const., 702 So. 2d 548 (Fla. 1st DCA 1997).
Gassner v. Bechtel Const., 702 So. 2d 548 (Fla. 1st DCA 1997). “In the order under review, the judge of compensation claims determined that she lacked jurisdiction, by virtue of a collective bargaining agreement "in conformity with the dictates of section 440.211, Florida Statutes ([Supp.”
Ariston v. Allied Bldg. Crafts, 825 So. 2d 435 (Fla. 1st DCA 2002). “The judge of compensation claims (JCC) concluded that she lacked jurisdiction over the petition, because a collective bargaining agreement (CBA) between Ariston's union and his employer, appellee Allied Building Crafts, created an alternative dispute resolution (ADR) system,…”
Kline v. Berg Drywall, Inc., 685 N.W.2d 12 (Minn. 2004). “Presumably, an employee and employer could opt to use ADR to facilitate a settlement, but such a settlement would remain subject to the supervision of the commission under Minn.”
In re Amendments to the Florida Rules of Workers' Comp. Procedure, 674 So. 2d 631 (Fla. 1996). “request for assistance was made to the EAO, _(D) The petition includes a claim for medical benefits and the employer has elected to provide such benefits under a managed care plan and is exempt from EAO consideration, _(E) The dispute is subject to the terms of a collective…”
Ulico Cas. Co. v. Fernandez, 825 So. 2d 988 (Fla. 1st DCA 2002). “, respectively the employer and insurance carrier (E/C), to dismiss a petition for benefits on the ground that the collective bargaining agreement (CBA) entered into between the employer and the union of which claimant/employee, Roger Fernandez, is a member, was null and void,…”
Heric v. City of Ormond Beach, 728 So. 2d 1247 (Fla. 1st DCA 1999). “The judge concluded that the agreement creates an alternative dispute resolution system consistent with section 440.211, Florida Statutes and that the agreement did not diminish the claimant's entitlement to workers' compensation benefits.”
Amendments to the Florida Rules of Workers' Comp. Procedure, 829 So. 2d 791 (Fla. 2002). “EXEMPTIONS FOR COLLECTIVE BARGAINING AGREEMENTS If authorized by a collective bargaining agreement filed with the division under section 440.211, Florida Statutes, the informal dispute resolution process, or review by-the docketing judge, or adjudication by a judge may be…”
Sapp v. Sims Crane & Equip. Co. (Fla. 1st DCA 2025). “The NWCIP at issue is a CBA created pursuant to section 440.211 of the Florida Statutes, which provides as follows: (1) .”
Maribona v. S. Pan Servs., 825 So. 2d 434 (Fla. 1st DCA 2002). “Claimant/employee appeals a final order dismissing his petition for workers’ compensation benefits, which was entered on the ground that the judge of compensation claims lacked jurisdiction to consider the claim, because a collective bargaining agreement entered into by the…”
— 440.211(1) — 1 case
Sapp v. Sims Crane & Equip. Co. (Fla. 1st DCA 2025). “The NWCIP at issue is a CBA created pursuant to section 440.211 of the Florida Statutes, which provides as follows: (1) .”
— 440.211(1)(b) — 3 cases
Ariston v. Allied Bldg. Crafts, 825 So. 2d 435 (Fla. 1st DCA 2002). “The judge of compensation claims (JCC) concluded that she lacked jurisdiction over the petition, because a collective bargaining agreement (CBA) between Ariston's union and his employer, appellee Allied Building Crafts, created an alternative dispute resolution (ADR) system,…”
Gassner v. Bechtel Const., 702 So. 2d 548 (Fla. 1st DCA 1997). “In the order under review, the judge of compensation claims determined that she lacked jurisdiction, by virtue of a collective bargaining agreement "in conformity with the dictates of section 440.211, Florida Statutes ([Supp.”
Ulico Cas. Co. v. Fernandez, 825 So. 2d 988 (Fla. 1st DCA 2002). “, respectively the employer and insurance carrier (E/C), to dismiss a petition for benefits on the ground that the collective bargaining agreement (CBA) entered into between the employer and the union of which claimant/employee, Roger Fernandez, is a member, was null and void,…”
— 440.211(1)(c) — 1 case
Ulico Cas. Co. v. Fernandez, 825 So. 2d 988 (Fla. 1st DCA 2002). “, respectively the employer and insurance carrier (E/C), to dismiss a petition for benefits on the ground that the collective bargaining agreement (CBA) entered into between the employer and the union of which claimant/employee, Roger Fernandez, is a member, was null and void,…”
— 440.211(2) — 4 cases
Gassner v. Bechtel Const., 702 So. 2d 548 (Fla. 1st DCA 1997). “In the order under review, the judge of compensation claims determined that she lacked jurisdiction, by virtue of a collective bargaining agreement "in conformity with the dictates of section 440.211, Florida Statutes ([Supp.”
Ariston v. Allied Bldg. Crafts, 825 So. 2d 435 (Fla. 1st DCA 2002). “The judge of compensation claims (JCC) concluded that she lacked jurisdiction over the petition, because a collective bargaining agreement (CBA) between Ariston's union and his employer, appellee Allied Building Crafts, created an alternative dispute resolution (ADR) system,…”
Ulico Cas. Co. v. Fernandez, 825 So. 2d 988 (Fla. 1st DCA 2002). “, respectively the employer and insurance carrier (E/C), to dismiss a petition for benefits on the ground that the collective bargaining agreement (CBA) entered into between the employer and the union of which claimant/employee, Roger Fernandez, is a member, was null and void,…”
Heric v. City of Ormond Beach, 728 So. 2d 1247 (Fla. 1st DCA 1999). “The judge concluded that the agreement creates an alternative dispute resolution system consistent with section 440.211, Florida Statutes and that the agreement did not diminish the claimant's entitlement to workers' compensation benefits.”
— 440.211(c) — 1 case
Ariston v. Allied Bldg. Crafts, 825 So. 2d 435 (Fla. 1st DCA 2002). “The judge of compensation claims (JCC) concluded that she lacked jurisdiction over the petition, because a collective bargaining agreement (CBA) between Ariston's union and his employer, appellee Allied Building Crafts, created an alternative dispute resolution (ADR) system,…”
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