Florida Statute 440.24 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

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F.S. 440.24

440.24 Enforcement of compensation orders; penalties.—

(1) In case of default by the employer or carrier in the payment of compensation due under any compensation order of a judge of compensation claims or other failure by the employer or carrier to comply with such order within 10 days after the order becomes final, any circuit court of this state within the jurisdiction of which the employer or carrier resides or transacts business shall, upon application by the department or any beneficiary under such order, have jurisdiction to issue a rule nisi directing such employer or carrier to show cause why a writ of execution, or such other process as may be necessary to enforce the terms of such order, shall not be issued, and, unless such cause is shown, the court shall have jurisdiction to issue a writ of execution or such other process or final order as may be necessary to enforce the terms of such order of the judge of compensation claims.

(2) In any case where the employer is insured and the carrier fails to comply with any compensation order of a judge of compensation claims or court within 10 days after such order becomes final, the department shall notify the office of such failure and the office shall suspend the license of such carrier to do an insurance business in this state, until such carrier has complied with such order.

(3) In any case where the employer is a self-insurer and fails to comply with any compensation order of a judge of compensation claims or court within 10 days after such order becomes final, the department may suspend or revoke any authorization previously given to the employer to be a self-insurer, and the Florida Self-Insurers Guaranty Association, Incorporated, may call or sue upon the surety bond or exercise its rights under the letter of credit deposited by the self-insurer with the association as a qualifying security deposit as may be necessary to satisfy the order.

(4) In any case wherein the employee fails to comply with any order of a judge of compensation claims within 10 days after such order becomes final, the judge of compensation claims may dismiss the claim or suspend payments due under said claim until the employee complies with such order. The judge of compensation claims may strike the defenses of the employer, if said employer is self-insured, or of the insurance carrier, if said employer is not self-insured, if said employer or carrier fails to comply with any order of a judge of compensation claims within 10 days after such order becomes final.

History.—s. 24, ch. 17481, 1935; CGL 1936 Supp. 5966(24); s. 10, ch. 18413, 1937; s. 7, ch. 28241, 1953; s. 2, ch. 67-554; ss. 13, 17, 35, ch. 69-106; s. 120, ch. 71-355; s. 14, ch. 74-197; s. 23, ch. 78-300; ss. 18, 124, ch. 79-40; ss. 13, 21, ch. 79-312; s. 6, ch. 81-119; s. 43, ch. 89-289; s. 56, ch. 90-201; s. 52, ch. 91-1; s. 4, ch. 91-46; s. 36, ch. 2002-194; s. 1, ch. 2002-262; s. 482, ch. 2003-261.

F.S. 440.24 on Google Scholar

F.S. 440.24 on Casetext

Amendments to 440.24

Arrestable Offenses / Crimes under Fla. Stat. 440.24

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 440.24.

Annotations, Discussions, Cases:

Cases Citing Statute 440.24

Total Results: 20

Roig v. Mosquera

Court: Fla. Dist. Ct. App. | Date Filed: 2014-05-07T00:00:00-07:00

Citation: 138 So. 3d 568, 2014 WL 1814151, 2014 Fla. App. LEXIS 6780

Snippet: action should not have been dismissed. Section 440.24(1), Florida Statutes (2008), provides: In case

Stahl v. Hialeah Hospital

Court: Fla. Dist. Ct. App. | Date Filed: 2012-10-16T00:00:00-07:00

Citation: 100 So. 3d 723, 2012 Fla. App. LEXIS 17888, 2012 WL 4872577

Snippet: without prejudice, pursuant to section 440.24(4). ANALYSIS Section 440.24(4) provides in relevant part: “In…June 22, 2011, order, citing as authority section 440.24(4), Florida Statutes (2004). At the hearing on …prejudice, holding “a JCC who implements section 440.24(4), [sic] must *725specifically find that the offending…Claimant’s petitions on the authority of section 440.24(4). Consequently, we REVERSE the JCC’s dismissal

Jones v. Royalty Foods, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2012-03-12T00:00:00-07:00

Citation: 82 So. 3d 1162, 2012 Fla. App. LEXIS 3855, 2012 WL 762073

Snippet: pursuant to section 440.24(4). Accordingly, we hold that a JCC who implements section 440.24(4), must specifically…petitions for benefits, citing as authority section 440.24(4), Florida Statutes (2007). At the March 7, 2011… the JCC exercised his discretion under section 440.24(4) and granted the motion to dismiss until claimant…dismissed the pending petitions. Analysis Section 440.24(4) provides in relevant part: “In any case wherein…amici curiae also argue that, to the extent section 440.24(4), Florida Statutes (2007), authorizes the dismissal

Hernandez v. PALMETTO GENERAL HOSPITAL

Court: Fla. Dist. Ct. App. | Date Filed: 2011-03-31T00:00:00-07:00

Citation: 60 So. 3d 1084, 2011 Fla. App. LEXIS 4373

Snippet: moved to dismiss the new PFBs pursuant to section 440.24(4) because Claimant had not complied with the cost…. The dismissal order was also based on section 440.24(4) and Claimant's failure to pay the cost …dismissed the PFBs with prejudice under section 440.24(4), even though that issue was not argued by Claimant…;). Assuming (without deciding[3]) that section 440.24(4) authorizes the dismissal of a subsequent proceeding…dismissal with prejudice. By its terms, section 440.24(4) only authorizes claims to be dismissed "

Punsky v. Clay County Board of County Commissioners

Court: Fla. Dist. Ct. App. | Date Filed: 2011-03-31T00:00:00-07:00

Citation: 60 So. 3d 1088, 2011 Fla. App. LEXIS 4410, 2011 WL 1167205

Snippet: claimant’s arguments that sections *1091440.19(6) and 440.24(4), Florida Statutes (2004), controlled. In response…not apply- B. Claimant also argues that section 440.24(4) supports his assertion that costs may not be… a case where compensability is denied. Section 440.24(4), which bears the title “Enforcement of Compensation…complies with such order.” In looking to section 440.24(4), claimant misapprehends the issue here, which…pursuant to section 440.34(3). In contrast, section 440.24(4) addresses enforcement and sanctions, and, contrary

LAKELAND REGIONAL MEDICAL CENTER v. Weech

Court: Fla. Dist. Ct. App. | Date Filed: 2010-12-21T00:00:00-08:00

Citation: 54 So. 3d 1005, 2010 Fla. App. LEXIS 19945, 2010 WL 5557086

Snippet: file a rule nisi petition, pursuant to section 440.24(1), Florida Statutes. See Brown v. Clay County

Deese v. Clay County Board of County Commissioners

Court: Fla. Dist. Ct. App. | Date Filed: 2010-08-05T00:00:00-07:00

Citation: 43 So. 3d 781, 2010 Fla. App. LEXIS 11412

Snippet: rule nisi in the circuit court pursuant to section 440.24(1), Florida Statutes. The trial court granted the

Brown v. Clay County Board of County Commissioners

Court: Fla. Dist. Ct. App. | Date Filed: 2010-08-05T00:00:00-07:00

Citation: 43 So. 3d 782, 2010 Fla. App. LEXIS 11418, 2010 WL 3063133

Snippet: x27; rule nisi petition filed pursuant to section 440.24(1), Florida Statutes. Appellant contends that the…rule nisi in the circuit court pursuant to section 440.24(1). In response to the petition, Appellant argued…to grant the rule nisi petition because section 440.24(1) only grants the court jurisdiction to enforce…case. The E/C in New argued that, although section 440.24(1) specifically provides that an employee may seek…to infer a reciprocal remedy by reading section 440.24(1) in pari materia with section 440.34(3), Florida

ORANGE COUNTY AND ALTERNATIVE SERV. v. New

Court: Fla. Dist. Ct. App. | Date Filed: 2010-06-25T00:00:00-07:00

Citation: 39 So. 3d 423, 2010 Fla. App. LEXIS 9209, 2010 WL 2539433

Snippet: in the circuit court for rule nisi under section 440.24, Florida Statutes (2008). Appellants requested … to issue a rule nisi against him under section 440.24(1). The trial court agreed with Appellee. It denied… on behalf of an employer/carrier under section 440.24(1). The court specifically declined to rule on … and substantive due process arguments. Section 440.24(1) establishes an expedited procedure to enforce…legislative oversight. They explain that, when section 440.24(1) was first enacted, only employees could recover

Smith v. AMS STAFF LEASING

Court: Fla. Dist. Ct. App. | Date Filed: 2009-11-13T00:00:00-08:00

Citation: 29 So. 3d 1142, 2009 Fla. App. LEXIS 17083, 2009 WL 3787095

Snippet: rule nisi in the circuit court pursuant to section 440.24, Florida Statutes (2007). He sought compliance …court which coincides with their pleadings. Section 440.24(1) states: In case of default by the employer or…successfully prevails in proceedings filed under [section] 440.24." The plain language of this statute suggests

King v. PARKER HANNIFIN CORP.

Court: Fla. Dist. Ct. App. | Date Filed: 2009-08-12T00:00:00-07:00

Citation: 17 So. 3d 785, 2009 Fla. App. LEXIS 11224, 2009 WL 2448005

Snippet: under section 440.24(1), Florida Statutes (2007), to review nonfinal orders. Section 440.24(1) provides …authority to enforce such orders. Instead, section 440.24(1) gives the circuit court the authority to issue…not have jurisdiction to enforce it under section 440.24(1). The court did not explain what about the order…successfully prevails in proceedings filed under s. 440.24." 2D08-4874 District Court of Appeal

Chandler v. Centex Rooney Construction Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2009-07-24T00:00:00-07:00

Citation: 15 So. 3d 837, 2009 Fla. App. LEXIS 10131, 2009 WL 2191377

Snippet: or prevails in proceedings filed under sections 440.24 or 440.28, Florida Statutes. None of these grounds

City of Hollywood v. BENOIT EX REL. BENOIT

Court: Fla. Dist. Ct. App. | Date Filed: 2009-01-21T00:00:00-08:00

Citation: 1 So. 3d 1142, 2009 Fla. App. LEXIS 327, 2009 WL 129609

Snippet: ability to achieve the logical result. Section 440.24(1),3 Florida Statutes (2007), provides the circuit…order must be enforced by the circuit court. See §§ 440.24, 440.28, Fla. Stat. (2007). Here, the trial court… mother is also his legal guardian. . Section 440.24(1), Florida Statutes (2007) specifically provides

Murray v. Mariner Health

Court: Fla. | Date Filed: 2008-10-23T00:53:00-07:00

Citation: 994 So. 2d 1051

Snippet: successfully prevails in proceedings filed under s. 440.24 or s. 440.28. Regardless of the date benefits were

U.S. Foundry & Manufacturing, Inc. v. Carner

Court: Fla. Dist. Ct. App. | Date Filed: 2007-06-13T00:00:00-07:00

Citation: 959 So. 2d 378, 2007 Fla. App. LEXIS 9166

Snippet: rule nisi to enforce the temporary benefits. § 440.24(1), Fla. Stat. (2006). Carner argued that the temporary

Mabire v. St. Paul Guardian Ins. Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2006-12-11T23:53:00-08:00

Citation: 946 So. 2d 40

Snippet: his petition for rule nisi, pursuant to section 440.24(1), Florida Statutes, to enforce a compensation…of a JCC's final compensation order, section 440.24(1), provides in part the following: *42 In case… writ of execution . . . shall not be issued. § 440.24(1), Fla. Stat. (2006) (emphasis added). Appellant…enforcement is by the procedure outlined in subsection 440.24(1), Florida Statutes . . .") (citing Buena

Bowe v. McDONALD'S

Court: Fla. Dist. Ct. App. | Date Filed: 2006-05-25T00:53:00-07:00

Citation: 933 So. 2d 71

Snippet: Florida Statutes, shall be enforceable under section 440.24, Florida Statutes. (Emphasis added.) Although the

TRANSPORTATION CAS. INS. CO. v. Feldman

Court: Fla. Dist. Ct. App. | Date Filed: 2006-03-14T23:53:00-08:00

Citation: 927 So. 2d 947

Snippet: section 440.34(1) is read in connection with section 440.24(1), it allows circuit court judges to award attorney

Miami-Dade County v. Fonken

Court: Fla. Dist. Ct. App. | Date Filed: 2004-11-09T23:53:00-08:00

Citation: 886 So. 2d 1039

Snippet: compensation order of a judge of compensation claims. § 440.24(1), Fla. Stat. (1998); North Shore Med. Ctr. v.

De La Pena v. Sunshine Bouquet Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2004-03-09T23:53:00-08:00

Citation: 870 So. 2d 880

Snippet: compensation order of a judge of compensation claims. § 440.24(1), Fla. Stat. (1998); North Shore Med. Ctr. v.