Florida Statute 440.45 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

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F.S. 440.45

440.45 Office of the Judges of Compensation Claims.—

(1)(a) There is created the Office of the Judges of Compensation Claims within the Department of Management Services. The Office of the Judges of Compensation Claims shall be headed by the Deputy Chief Judge of Compensation Claims. The Deputy Chief Judge shall report to the director of the Division of Administrative Hearings. The Deputy Chief Judge shall be appointed by the Governor for a term of 4 years from a list of three names submitted by the statewide nominating commission created under subsection (2). The Deputy Chief Judge must demonstrate prior administrative experience and possess the same qualifications for appointment as a judge of compensation claims, and the procedure for reappointment of the Deputy Chief Judge will be the same as for reappointment of a judge of compensation claims. The office shall be a separate budget entity and the director of the Division of Administrative Hearings shall be its agency head for all purposes, including, but not limited to, rulemaking pursuant to subsection (4) and establishing agency policies and procedures. The Department of Management Services shall provide administrative support and service to the office to the extent requested by the director of the Division of Administrative Hearings but shall not direct, supervise, or control the Office of the Judges of Compensation Claims in any manner, including, but not limited to, personnel, purchasing, budgetary matters, or property transactions. The operating budget of the Office of the Judges of Compensation Claims shall be paid out of the Workers’ Compensation Administration Trust Fund established in s. 440.50.

(b) The position of Deputy Chief Judge of Compensation Claims is created.

(2)(a) The Governor shall appoint full-time judges of compensation claims to conduct proceedings as required by this chapter or other law. No person may be nominated to serve as a judge of compensation claims unless he or she has been a member of The Florida Bar in good standing for the previous 5 years and is experienced in the practice of law of workers’ compensation. No judge of compensation claims shall engage in the private practice of law during a term of office.

(b) Except as provided in paragraph (c), the Governor shall appoint a judge of compensation claims from a list of three persons nominated by a statewide nominating commission. The statewide nominating commission shall be composed of the following:

1. Six members, at least one of whom must be a member of a minority group as defined in s. 288.703, one of each who resides in each of the territorial jurisdictions of the district courts of appeal, appointed by the Board of Governors of The Florida Bar from among The Florida Bar members engaged in the practice of law. Each member shall be appointed for a 4-year term;

2. Six electors, at least one of whom must be a member of a minority group as defined in s. 288.703, one of each who resides in each of the territorial jurisdictions of the district courts of appeal, appointed by the Governor. Each member shall be appointed for a 4-year term; and

3. Six electors, at least one of whom must be a member of a minority group as defined in s. 288.703, one of each who resides in the territorial jurisdictions of the district courts of appeal, selected and appointed by a majority vote of the other 10 members of the commission. Each member shall be appointed for a 4-year term.

A vacancy occurring on the commission shall be filled by the original appointing authority for the unexpired balance of the term. An attorney who appears before any judge of compensation claims more than four times a year is not eligible to serve on the statewide nominating commission. The meetings and determinations of the nominating commission as to the judges of compensation claims shall be open to the public.

(c) Each judge of compensation claims shall be appointed for a term of 4 years, but during the term of office may be removed by the Governor for cause. Prior to the expiration of a judge’s term of office, the statewide nominating commission shall review the judge’s conduct and determine whether the judge’s performance is satisfactory. In determining whether a judge’s performance is satisfactory, the commission shall consider the extent to which the judge has met the requirements of this chapter, including, but not limited to, the requirements of ss. 440.25(1) and (4)(a)-(e), 440.34(2), and 440.442. If the judge’s performance is deemed satisfactory, the commission shall report its finding to the Governor no later than 6 months prior to the expiration of the judge’s term of office. The Governor shall review the commission’s report and may reappoint the judge for an additional 4-year term. If the Governor does not reappoint the judge, the Governor shall inform the commission. The judge shall remain in office until the Governor has appointed a successor judge in accordance with paragraphs (a) and (b). If a vacancy occurs during a judge’s unexpired term, the statewide nominating commission does not find the judge’s performance is satisfactory, or the Governor does not reappoint the judge, the Governor shall appoint a successor judge for a term of 4 years in accordance with paragraph (b).

(d) The Governor may appoint any attorney who has at least 5 years of experience in the practice of law in this state to serve as a judge of compensation claims pro hac vice in the absence or disqualification of any full-time judge of compensation claims or to serve temporarily as an additional judge of compensation claims in any area of the state in which the Governor determines that a need exists for such an additional judge. However, an attorney who is so appointed by the Governor may not serve for a period of more than 120 successive days.

(e) The director of the Division of Administrative Hearings may receive or initiate complaints, conduct investigations, and dismiss complaints against the Deputy Chief Judge and the judges of compensation claims on the basis of the Code of Judicial Conduct. The director may recommend to the Governor the removal of the Deputy Chief Judge or a judge of compensation claims or recommend the discipline of a judge whose conduct during his or her term of office warrants such discipline. For purposes of this section, the term “discipline” includes reprimand, fine, and suspension with or without pay. At the conclusion of each investigation, the director shall submit preliminary findings of fact and recommendations to the judge of compensation claims who is the subject of the complaint. The judge of compensation claims has 20 days within which to respond to the preliminary findings. The response and the director’s rebuttal to the response must be included in the final report submitted to the Governor.

(3) The Deputy Chief Judge shall establish training and continuing education for new and sitting judges.

(4) The Office of the Judges of Compensation Claims shall adopt rules to carry out the purposes of this section. Such rules must include procedural rules applicable to workers’ compensation claim resolution, including rules requiring electronic filing and service where deemed appropriate by the Deputy Chief Judge, and uniform criteria for measuring the performance of the office, including, but not limited to, the number of cases assigned and resolved, the age of pending and resolved cases, timeliness of decisions, extraordinary fee awards, and other data necessary for the judicial nominating commission to review the performance of judges as required in paragraph (2)(c).

(5) Not later than December 1 of each year, the Office of the Judges of Compensation Claims shall issue a written report to the Governor, the House of Representatives, the Senate, The Florida Bar, and the statewide nominating commission summarizing the amount, cost, and outcome of all litigation resolved in the previous fiscal year; summarizing the disposition of mediation conferences, the number of mediation conferences held, the number of continuances granted for mediations and final hearings, the number and outcome of litigated cases, the amount of attorney’s fees paid in each case according to order year and accident year, and the number of final orders not issued within 30 days after the final hearing or closure of the hearing record; and recommending changes or improvements to the dispute resolution elements of the Workers’ Compensation Law and regulations. If the Deputy Chief Judge finds that judges generally are unable to meet a particular statutory requirement for reasons beyond their control, the Deputy Chief Judge shall submit such findings and any recommendations to the Legislature.

History.—s. 45, ch. 17481, 1935; CGL 1936 Supp. 5966(43); s. 2, ch. 57-245; s. 1, ch. 61-133; s. 1, ch. 63-179; s. 1, ch. 63-275; s. 1, ch. 65-541; s. 1, ch. 67-515; s. 2, ch. 67-554; s. 1, ch. 69-201; ss. 17, 35, ch. 69-106; s. 1, ch. 70-313; s. 1, ch. 71-290; s. 20, ch. 74-197; s. 3, ch. 74-363; s. 22, ch. 75-209; ss. 14, 23, ch. 78-300; ss. 35, 124, ch. 79-40; ss. 19, 21, ch. 79-312; s. 17, ch. 80-236; s. 16, ch. 83-305; s. 8, ch. 84-267; s. 10, ch. 86-171; ss. 23, 43, ch. 89-289; ss. 39, 56, ch. 90-201; ss. 37, 52, ch. 91-1; s. 34, ch. 91-46; s. 40, ch. 93-415; s. 74, ch. 96-418; s. 11, ch. 98-174; s. 26, ch. 2001-91; s. 46, ch. 2002-194; s. 16, ch. 2002-236; s. 66, ch. 2004-5; s. 348, ch. 2011-142; s. 6, ch. 2011-208; s. 60, ch. 2012-5; s. 79, ch. 2019-3; s. 11, ch. 2022-163.

F.S. 440.45 on Google Scholar

F.S. 440.45 on Casetext

Amendments to 440.45

Arrestable Offenses / Crimes under Fla. Stat. 440.45

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 440.45.

Annotations, Discussions, Cases:

Cases Citing Statute 440.45

Total Results: 20

Gulf Management, Inc., and Gallagher Bassett Services, Inc. v. Talmadge Wall

Court: Fla. Dist. Ct. App. | Date Filed: 2023-11-29T00:00:00-08:00

Snippet: chapter 440. See §§ 440.192, 440.25, 440.29, 440.33, 440.45, Fla. Stat.; cf. Art. V, § 1, Fla. Const. (providing

Teresita De Jesus Abreu v. Riverland Elementary School and Broward County etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2019-06-18T00:53:00-07:00

Snippet: compensation claims. According to the Claimant, section 440.45(1)(a), dictates that the OJCC is a separate budget

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: of statutory construction in construing section 440.45, Florida Statutes (1981)). After listing various

Shackleford v. CTL DISTRIBUTION

Court: Fla. Dist. Ct. App. | Date Filed: 2010-01-12T00:00:00-08:00

Citation: 25 So. 3d 667, 2010 Fla. App. LEXIS 126, 2010 WL 90380

Snippet: notice of voluntary dismissal"). See, e.g., § 440.45(4), Fla. Stat. (2009) (giving the Office of the

Amendments to the Florida Rules of Workers' Compensation Procedure

Court: Fla. | Date Filed: 2004-12-02T00:00:00-08:00

Citation: 891 So. 2d 474, 29 Fla. L. Weekly Supp. 734, 2004 Fla. LEXIS 2168, 2004 WL 2810829

Snippet: effective.” See § 440.45(5), Fla. Stat. (Supp.1994) (emphasis added). In 2002, section 440.45(l)(a), Florida…Laws of Fla. The modification appeared in section 440.45, Florida Statutes' (Supp. 1994), and it provided…Hearings (DOAH) rulemaking authority under section 440.45(4). See Ch.2002-194, § 46, Laws of Fla. DOAH began….900 and all forms referenced therein.” Section 440.45(1)(a),(4), Florida Statutes (2003), was cited as… executive *479branch, we conclude that section 440.45(2) violates the separation of powers doctrine to

Amendments to the Florida Rules of Workers' Compensation Procedure

Court: Fla. | Date Filed: 2002-09-19T00:00:00-07:00

Citation: 829 So. 2d 791, 27 Fla. L. Weekly Supp. 795, 2002 Fla. LEXIS 1884, 2002 WL 31084673

Snippet: designated-by the chief judge pursuant to section 440.45(3),■ -Florida Statutes (if) “EAO” means the Employee… and the docketing judge’s review under section 440.45(3), Florida Statutes. 2000 Amendment. Subdivision…after review by a docketing judge under section 440.45(3), Florida Statutes, or a motion to dismiss filed… . We recognize that subsection (4) of section 440.45, Florida Statutes (2001), “Office of the Judges

Amendments to the Florida Rules of Workers' Compensation Procedure

Court: Fla. | Date Filed: 2000-10-12T00:00:00-07:00

Citation: 795 So. 2d 863, 25 Fla. L. Weekly Supp. 866, 2000 Fla. LEXIS 2275, 2000 WL 1508551

Snippet: and the docketing judge’s review under section 440.45(3), Florida Statutes. 2000 Amendment. Subdivision…after review by a docketing judge under section 440.45(3), Florida Statutes, or a motion to dismiss filed

In re Amendments to the Florida Rules of Workers' Compensation Procedure

Court: Fla. | Date Filed: 1996-05-16T00:00:00-07:00

Citation: 674 So. 2d 631, 21 Fla. L. Weekly Supp. 223, 1996 Fla. LEXIS 827, 1996 WL 268079

Snippet: designated by the chief judge pursuant to section 440.45(3), Florida Statutes. (i) “EAO” means the Employee… and the docketing judge’s review under section 440,45(3), Florida Statutes. RULE 4.026. EXEMPTIONS FOR…after review by a docketing judge under section 440.45(3), .Florida Statutes, or a motion to dismiss filed…-an4 Employment — Seeurity, pursuant to section 440.45(3),-Florida-Statutes. (7) “Judge” means a judge…- of -compen-sation claims pursuant to -section 440.45, Florida Statutes. — A presiding judge is the judge

Millinger v. BROWARD CO. MENTAL HEALTH DIV.

Court: Fla. | Date Filed: 1996-03-13T23:53:00-08:00

Citation: 672 So. 2d 24

Snippet: and authority from the legislature. §§ 440.25 and 440.45, Florida Statutes (1975). The [JCC] is an administrative

City of Crestview v. Howard

Court: Fla. Dist. Ct. App. | Date Filed: 1995-07-13T00:53:00-07:00

Citation: 657 So. 2d 73

Snippet: March 10, 1994, the docketing judge, see section 440.45(3), Florida Statutes (Supp. 1994), found the petition

Burdick v. Bob's Space Racers

Court: Fla. Dist. Ct. App. | Date Filed: 1995-05-31T00:00:00-07:00

Citation: 659 So. 2d 351, 1995 Fla. App. LEXIS 5734, 1995 WL 321849

Snippet: Appellant now challenges sections 440.192(2)(i) and 440.45(3) as impediments to his access to courts1 and

Alcoma Packing Co. v. Cowan

Court: Fla. Dist. Ct. App. | Date Filed: 1995-04-11T00:00:00-07:00

Citation: 659 So. 2d 345, 1995 Fla. App. LEXIS 3603, 1995 WL 155565

Snippet: sufficiency of the petition pursuant to section 440.45(3), Florida Statutes (Supp.1994). The parties have

Jones v. Chiles

Court: Fla. | Date Filed: 1994-06-09T00:53:00-07:00

Citation: 638 So. 2d 48

Snippet: reappoint him to office as mandated by section 440.45. Section 440.45 provides in pertinent part as follows: …the reappointment procedure set forth in section 440.45, Florida Statutes (1991). We have jurisdiction …Constitution. We find that the portion of section 440.45(2) that eliminates the Governor's choice in… retention of compensation claims judges. See § 440.45, Fla. Stat. (1975). Under that process, each appellate… The retention process remained the same. See § 440.45, Fla. Stat. (1991). In 1992, the new *49 statewide

Ago

Court: Fla. Att'y Gen. | Date Filed: 1992-10-07T00:53:00-07:00

Snippet: under s. 440.45, F.S. (c) Relative to meetings of the statewide nominating commission, s. 440.45, F.S., …enlarge its scope of power through rules.4 Section 440.45(1), F.S., mandates that the Governor appoint as…nominated by a statewide nominating commission. Section 440.45, F.S., further provides: The statewide nominating…of the statewide nominating commission. Section 440.45, F.S., was amended during the 1990 Legislative …nominating commission.5 Prior to its amendment, s. 440.45(1), F.S. (1989), provided for the nomination of

Ago

Court: Fla. Att'y Gen. | Date Filed: 1992-09-03T00:53:00-07:00

Snippet: ceremony is a "judicial act"). 2 Section 440.45(3), F.S. 3 See, s. 20.171, F.S., creating the Department

Ago

Court: Fla. Att'y Gen. | Date Filed: 1992-08-17T00:53:00-07:00

Snippet: vacancies on its committee which are mandated by s. 440.45, F.S., to be filled by the Florida Bar or the Governor…commission for judges of compensation claims, s. 440.45(1), F.S., in pertinent part, provides: The… of Compensation Claims is not authorized by s. 440.45, F.S., to appoint members to its committee to fill

Amendments to Florida Rules of Workers' Compensation Procedure

Court: Fla. | Date Filed: 1992-05-14T00:00:00-07:00

Citation: 603 So. 2d 425, 17 Fla. L. Weekly Supp. 296, 1992 Fla. LEXIS 1054, 1992 WL 99236

Snippet: Labor and Employment Security, pursuant to section 440.45(3), Florida Statutes. (7) “Judge” means a judge…judge of compensation claims pursuant to section 440.45, Florida Statutes. A presiding judge is the judge

Ago

Court: Fla. Att'y Gen. | Date Filed: 1990-09-12T00:53:00-07:00

Snippet: Section 39, Ch. 90-201, Laws of Florida, amended s. 440.45(1), F.S., relating to the appointment of judges…the secretary of the department.2 As amended, s. 440.45(1), F.S., provides in pertinent part: The Governor…Prior to its amendment by the 1990 Legislature, s. 440.45(1), F.S., provided that the appellate district …not applicable to the commission created under s. 440.45(1), F.S. Accordingly, there is no constitutional…workers' compensation judges to be open. Section 440.45, F.S., as amended, does not indicate a contrary

Lamounette v. Akins

Court: Fla. Dist. Ct. App. | Date Filed: 1989-08-10T00:53:00-07:00

Citation: 547 So. 2d 1001

Snippet: See §§ 20.171(2)(d); 120.52(1)(c); 440.021; and 440.45(3). Fla. Stat. (1987). Thus, we read section 440.13

Brown v. Pumpian

Court: Fla. Dist. Ct. App. | Date Filed: 1987-03-18T23:53:00-08:00

Citation: 504 So. 2d 481

Snippet: respondent and sought to enforce the terms of section 440.45(1). We issued a show cause order and after careful…conclusion is reinforced by the provisions of section 440.45(5), which gives the Governor authority to appoint…this authority is also discretionary, see section 440.45(3)(g), Florida Statutes. The court is sympathetic