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Florida Statute 440.44 - Full Text and Legal Analysis
Florida Statute 440.44 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XXXI
LABOR
Chapter 440
WORKERS' COMPENSATION
View Entire Chapter
F.S. 440.44
440.44 Workers’ compensation; staff organization.
(1) INTERPRETATION OF LAW.As a guide to the interpretation of this chapter, the Legislature takes due notice of federal social and labor acts and hereby creates an agency to administer such acts passed for the benefit of employees and employers in Florida industry, and desires to meet the requirements of such federal acts wherever not inconsistent with the Constitution and laws of Florida.
(2) INTENT.It is the intent of the Legislature that the department, the agency, and the Division of Administrative Hearings assume an active and forceful role in its administration of this act, so as to ensure that the system operates efficiently and with maximum benefit to both employers and employees.
(3) EXPENDITURES.The department, the agency, the office, and the director of the Division of Administrative Hearings shall make such expenditures, including expenditures for personal services and rent at the seat of government and elsewhere, for law books; for telephone services and WATS lines; for books of reference, periodicals, equipment, and supplies; and for printing and binding as may be necessary in the administration of this chapter. All expenditures in the administration of this chapter shall be allowed and paid as provided in s. 440.50 upon the presentation of itemized vouchers therefor approved by the department, the agency, the office, or the director of the Division of Administrative Hearings.
(4) PERSONNEL ADMINISTRATION.Subject to the other provisions of this chapter, the department, the agency, the office, and the Division of Administrative Hearings may appoint, and prescribe the duties and powers of, bureau chiefs, attorneys, accountants, medical advisers, technical assistants, inspectors, claims examiners, and such other employees as may be necessary in the performance of their duties under this chapter.
(5) OFFICE.The department, the agency, and the Deputy Chief Judge shall maintain and keep open during reasonable business hours an office, which shall be provided in the Capitol or some other suitable building in the City of Tallahassee, for the transaction of business under this chapter, at which office the official records and papers shall be kept. The office shall be furnished and equipped. The department, the agency, any judge of compensation claims, or the Deputy Chief Judge may hold sessions and conduct hearings at any place within the state.
(6) SEAL.The department and the judges of compensation claims shall have a seal upon which shall be inscribed the words “State of Florida Department of Financial ServicesSeal” and “Division of Administrative HearingsSeal,” respectively.
(7) DESTRUCTION OF OBSOLETE RECORDS.The department is expressly authorized to provide by regulation for and to destroy obsolete records of the department. The Division of Administrative Hearings is expressly authorized to provide by regulation for and to destroy obsolete records of the Office of the Judges of Compensation Claims.
(8) PROCEDURE.In the exercise of their duties and functions requiring administrative hearings, the department and the agency shall proceed in accordance with the Administrative Procedure Act. The authority of the department and the agency to issue orders resulting from administrative hearings as provided for in this chapter shall not infringe upon the jurisdiction of the judges of compensation claims.
History.s. 44, ch. 17481, 1935; CGL 1936 Supp. 5966(42); s. 15, ch. 18413, 1937; s. 1, ch. 20299, 1941; s. 1, ch. 21875, 1943; s. 4, ch. 22814, 1945; s. 1, ch. 23920, 1947; s. 10, ch. 26484, 1951; s. 11, ch. 28241, 1953; s. 24, ch. 57-1; s. 1, ch. 57-785; s. 1, ch. 57-156; s. 1, ch. 63-274; s. 19, ch. 63-400; s. 2, ch. 67-554; ss. 17, 35, ch. 69-106; s. 163, ch. 71-377; ss. 1, 2, ch. 72-143; s. 2, ch. 72-241; s. 1, ch. 73-283; s. 19, ch. 74-197; s. 21, ch. 75-209; s. 3, ch. 75-237; s. 23, ch. 78-300; s. 4, ch. 78-323; s. 18, ch. 79-7; ss. 33, 124, ch. 79-40; ss. 17, 21, ch. 79-312; s. 15, ch. 80-236; ss. 1, 2, 3, ch. 81-76; s. 10, ch. 81-119; ss. 1, 4, ch. 82-46; ss. 22, 42, 43, ch. 89-289; ss. 37, 56, ch. 90-201; ss. 35, 52, ch. 91-1; s. 33, ch. 91-46; s. 24, ch. 2001-91; s. 45, ch. 2002-194; s. 488, ch. 2003-261; s. 5, ch. 2012-135; s. 1, ch. 2022-152.

F.S. 440.44 on Google Scholar

F.S. 440.44 on CourtListener

Amendments to 440.44


Annotations, Discussions, Cases:

Cases Citing Statute 440.44

Total Results: 10

Scholastic Systems, Inc. v. Leloup

307 So. 2d 166

Supreme Court of Florida | Filed: Oct 24, 1974 | Docket: 1335301

Cited 34 times | Published

above quote, we would further point out that F.S. § 440.44(4) provides: "No person shall be appointed judge

FLA. INDUSTRIAL COM'N EX REL. SPECIAL DISABILITY FUND v. Nat. Trucking Co.

107 So. 2d 397

District Court of Appeal of Florida | Filed: Dec 9, 1958 | Docket: 1335997

Cited 21 times | Published

its behalf. Petitioner, however, points to F.S. § 440.44(4) (b), F.S.A., as affording the contended authority

Department of Public Health v. Wilcox

543 So. 2d 1253, 1989 WL 55860

Supreme Court of Florida | Filed: May 25, 1989 | Docket: 1438052

Cited 9 times | Published

federal laws in the workers' compensation area. Section 440.44(1), Florida Statutes (1985), states: (1) INTERPRETATION

Piezo Technology v. Smith

413 So. 2d 121

District Court of Appeal of Florida | Filed: Apr 26, 1982 | Docket: 1344353

Cited 8 times | Published

conclusion is buttressed by the provisions of Section 440.44(9), authorizing the Division of Workers' Compensation

State Ex Rel. Carter v. Wigginton

221 So. 2d 409

Supreme Court of Florida | Filed: Mar 19, 1969 | Docket: 1664049

Cited 4 times | Published

suit, did no more than apply Florida Statutes § 440.44 (2), F.S.A. and, in consequence, the District

Florida Industrial Commission ex rel. Special Disability Fund v. National Trucking Co.

107 So. 2d 397

District Court of Appeal of Florida | Filed: Dec 9, 1958 | Docket: 60191413

Cited 2 times | Published

its behalf. Petitioner, however, points to F.S. § 440.44(4) (b), F.S.A., as affording the contended authority

Ago

Florida Attorney General Reports | Filed: Sep 30, 1996 | Docket: 3256820

Published

(1995). 3 Section 440.015, Fla. Stat. (1995). 4 Section 440.44, Fla. Stat. (1995). 5 Section 440.021, Fla

Florida Industrial Commission v. Neal

224 So. 2d 774, 1969 Fla. App. LEXIS 5598

District Court of Appeal of Florida | Filed: Jun 24, 1969 | Docket: 64510578

Published

provisions of this act and the provisions of Section 440.44(2) under which the appellants in the case sub

Johnston v. State ex rel. Carter

213 So. 2d 435, 1968 Fla. App. LEXIS 5131

District Court of Appeal of Florida | Filed: Jul 30, 1968 | Docket: 64506497

Published

constituted in accordance with the manner provided by Section 440.44(2), Florida Statutes, F.S.A. The cited statute

Josey v. Florida Industrial Commission

118 So. 2d 777, 1960 Fla. LEXIS 2571

Supreme Court of Florida | Filed: Mar 16, 1960 | Docket: 60194524

Published

called upon to decide whether the provisions of § 440.44(4) (b), Fla.Stat., F.S.A., quoted hereafter, operate