Florida Statutes

Fla. Stat. § 440.44 (2025)

Workers’ compensation; staff organization.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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 Services—Seal” and “Division of Administrative Hearings—Seal,” 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.

Notes of Decisions

Cited in 11 cases, 1958–1989 · leading case: Piezo Tech. v. Smith, 413 So. 2d 121 (Fla. 1st DCA 1982).

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Piezo Tech. v. Smith, 413 So. 2d 121 (Fla. 1st DCA 1982). · cites it 4× “Additionally, a reading of Section 440.44(2) [2] reinforces my belief that a wrongful discharge under Section 440.”

Scholastic Sys., Inc. v. Leloup, 307 So. 2d 166 (Fla. 1974). · cites it 2× “" and that the recently concluded session of the Legislature increased the salary of the members of the Industrial Relations Commission so that it is now equivalent to that paid to judges of the district courts of appeal, by amending F.”

Dep't of Pub. Health v. Wilcox, 543 So. 2d 1253 (Fla. 1989). · cites it 2× “Section 440.44(1), Florida Statutes (1985), states: (1) INTERPRETATION OF LAW.”

Florida Indus. Comm'n ex rel. Special Disability Fund v. Nat'l Trucking Co., 107 So. 2d 397 (Fla. 1st DCA 1958). · cites it 2× “Petitioner, however, points to F.S. § 440.44(4) (b), F.S.A., as affording the contended authority.”

State Ex Rel. Carter v. Wigginton, 221 So. 2d 409 (Fla. 1969). · cites it 5× “It is our view the Circuit Court, as to the subject matter of the suit, did no more than apply Florida Statutes § 440.44 (2), F.S.A. and, in consequence, the District Court was the proper forum on appeal.”

Fla. Indus. Com'n Ex Rel. Special Disability Fund v. Nat. Trucking Co., 107 So. 2d 397 (Fla. 1st DCA 1958). · cites it 2× “Petitioner, however, points to F.S. § 440.44(4) (b), F.S.A., as affording the contended authority.”

Josey v. Florida Indus. Comm'n, 118 So. 2d 777 (Fla. 1960). · cites it 2× “In an original Prohibition proceeding filed here by the relator Josey, we are called upon to decide whether the provisions of § 440.44(4) (b), Fla.Stat., F.S.A., quoted hereafter, operate as an absolute bar to the appointment, as a deputy commissioner pro hac vice, of an…”

Johnston v. State ex rel. Carter, 213 So. 2d 435 (Fla. 1st DCA 1968). · cites it 2× “The judgment granting the peremptory writ now under review was entered pursuant to a petition alleging that the appellant, Florida Industrial Commission, is without authority to act for the reason that it is not constituted in accordance with the manner provided by Section…”

Florida Indus. Comm'n v. Neal, 224 So. 2d 774 (Fla. 1st DCA 1969). · cites it 3× “contract or other article, memorandum or instrument in writing or whose rights, status or other equitable or legal relations are affected by a statute, or any regulation made under statutory authority, or by municipal ordinance, contract, deed, will, franchise, or other article,…”

State ex rel. Carter v. Florida Indus. Comm'n, 28 Fla. Supp. 143 (Fla. Cir. Ct., Leon Cty. 1967). · cites it 2× “The decision here is determined by a construction of section 440.44(2), Florida Statutes, the statute providing for appointment of the members of the Florida Industrial Commission by the Governor.”

Neal v. Florida Indus. Comm'n, 31 Fla. Supp. 94 (Fla. Cir. Ct., Leon Cty. 1968). “The decision here as to whether or not the Florida Industrial Commission is legally constituted is determined by a construction of §440.44(2), Florida Statutes, the statute providing for appointment of the members of that commission by the governor.”

— 440.44(1) — 1 case

Dep't of Pub. Health v. Wilcox, 543 So. 2d 1253 (Fla. 1989). “Section 440.44(1), Florida Statutes (1985), states: (1) INTERPRETATION OF LAW.”

— 440.44(2) — 6 cases

Piezo Tech. v. Smith, 413 So. 2d 121 (Fla. 1st DCA 1982). “Additionally, a reading of Section 440.44(2) [2] reinforces my belief that a wrongful discharge under Section 440.”

State Ex Rel. Carter v. Wigginton, 221 So. 2d 409 (Fla. 1969). “It is our view the Circuit Court, as to the subject matter of the suit, did no more than apply Florida Statutes § 440.44 (2), F.S.A. and, in consequence, the District Court was the proper forum on appeal.”

Johnston v. State ex rel. Carter, 213 So. 2d 435 (Fla. 1st DCA 1968). “The judgment granting the peremptory writ now under review was entered pursuant to a petition alleging that the appellant, Florida Industrial Commission, is without authority to act for the reason that it is not constituted in accordance with the manner provided by Section…”

Florida Indus. Comm'n v. Neal, 224 So. 2d 774 (Fla. 1st DCA 1969). “contract or other article, memorandum or instrument in writing or whose rights, status or other equitable or legal relations are affected by a statute, or any regulation made under statutory authority, or by municipal ordinance, contract, deed, will, franchise, or other article,…”

State ex rel. Carter v. Florida Indus. Comm'n, 28 Fla. Supp. 143 (Fla. Cir. Ct., Leon Cty. 1967). “The decision here is determined by a construction of section 440.44(2), Florida Statutes, the statute providing for appointment of the members of the Florida Industrial Commission by the Governor.”

— 440.44(4) — 4 cases

Scholastic Sys., Inc. v. Leloup, 307 So. 2d 166 (Fla. 1974). “" and that the recently concluded session of the Legislature increased the salary of the members of the Industrial Relations Commission so that it is now equivalent to that paid to judges of the district courts of appeal, by amending F.”

Florida Indus. Comm'n ex rel. Special Disability Fund v. Nat'l Trucking Co., 107 So. 2d 397 (Fla. 1st DCA 1958). “Petitioner, however, points to F.S. § 440.44(4) (b), F.S.A., as affording the contended authority.”

Fla. Indus. Com'n Ex Rel. Special Disability Fund v. Nat. Trucking Co., 107 So. 2d 397 (Fla. 1st DCA 1958). “Petitioner, however, points to F.S. § 440.44(4) (b), F.S.A., as affording the contended authority.”

Josey v. Florida Indus. Comm'n, 118 So. 2d 777 (Fla. 1960). “In an original Prohibition proceeding filed here by the relator Josey, we are called upon to decide whether the provisions of § 440.44(4) (b), Fla.Stat., F.S.A., quoted hereafter, operate as an absolute bar to the appointment, as a deputy commissioner pro hac vice, of an…”

— 440.44(9) — 1 case

Piezo Tech. v. Smith, 413 So. 2d 121 (Fla. 1st DCA 1982). “Additionally, a reading of Section 440.44(2) [2] reinforces my belief that a wrongful discharge under Section 440.”

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