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The 2025 Florida Statutes
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F.S. 440.45440.45 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.
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Annotations, Discussions, Cases:
Cases Citing Statute 440.45
Total Results: 32
464 So. 2d 131, 10 Fla. L. Weekly 132
Supreme Court of Florida | Filed: Feb 21, 1985 | Docket: 406287
Cited 23 times | Published
judicial nominating commission in accordance with section 440.45, Florida Statutes (1981). His current term
378 So. 2d 1265
District Court of Appeal of Florida | Filed: Dec 27, 1979 | Docket: 1795626
Cited 15 times | Published
(Fla. 1st DCA 1958); § 440.25(3)(b), Fla. Stat.; § 440.45(3)(j), Fla. Stat.
[2] Section 46, Chapter 79-40
891 So. 2d 474, 29 Fla. L. Weekly Supp. 734, 2004 Fla. LEXIS 2168, 2004 WL 2810829
Supreme Court of Florida | Filed: Dec 2, 2004 | Docket: 64835462
Cited 9 times | Published
Laws of Fla. The modification appeared in section 440.45, Florida Statutes' (Supp. 1994), and it provided:
413 So. 2d 121
District Court of Appeal of Florida | Filed: Apr 26, 1982 | Docket: 1344353
Cited 8 times | Published
pursuant to Fla. Stat. § 440.205, § 440.25, and § 440.45," and (3) that a prior order denying additional
504 So. 2d 481, 12 Fla. L. Weekly 819
District Court of Appeal of Florida | Filed: Mar 19, 1987 | Docket: 453515
Cited 5 times | Published
respondent and sought to enforce the terms of section 440.45(1). We issued a show cause order and after
220 So. 2d 369
Supreme Court of Florida | Filed: Mar 19, 1969 | Docket: 1727705
Cited 5 times | Published
time to the duties of their office. Fla. Stat. § 440.45 (1967), F.S.A. They delevop an expertise that
657 So. 2d 73, 1995 WL 410682
District Court of Appeal of Florida | Filed: Jul 13, 1995 | Docket: 463981
Cited 3 times | Published
On March 10, 1994, the docketing judge, see section 440.45(3), Florida Statutes (Supp. 1994), found the
25 So. 3d 667, 2010 Fla. App. LEXIS 126, 2010 WL 90380
District Court of Appeal of Florida | Filed: Jan 12, 2010 | Docket: 1661873
Cited 2 times | Published
a notice of voluntary dismissal"). See, e.g., § 440.45(4), Fla. Stat. (2009) (giving the Office of the
638 So. 2d 48, 1994 WL 245612
Supreme Court of Florida | Filed: Jun 9, 1994 | Docket: 1652576
Cited 2 times | Published
by the reappointment procedure set forth in section 440.45, Florida Statutes (1991). We have jurisdiction
417 So. 2d 990
District Court of Appeal of Florida | Filed: Aug 16, 1982 | Docket: 1384316
Cited 2 times | Published
Evidently the skills of the Chief Commissioner, section 440.45(3)(a), (d), (f), (j), and (k), Florida Statutes
345 So. 2d 761, 1977 Fla. App. LEXIS 15395
District Court of Appeal of Florida | Filed: Apr 7, 1977 | Docket: 1477959
Cited 2 times | Published
time to the duties of their office. Fla. Stat. § 440.45 (1967), F.S.A. They develop an expertise that
District Court of Appeal of Florida | Filed: Aug 20, 2025 | Docket: 71154551
Published
possesses the statutory authority to
do so. See § 440.45(4), Fla. Stat.; cf. In re The Fla. Bar, 316 So
District Court of Appeal of Florida | Filed: May 7, 2025 | Docket: 70186661
Published
The Office of the JCC is a statutory creation. § 440.45(1)(a),
Fla. Stat. The Florida Constitution authorizes
District Court of Appeal of Florida | Filed: Jun 18, 2019 | Docket: 15788546
Published
compensation claims.
According to the Claimant, section 440.45(1)(a), dictates that the
OJCC is a separate
54 So. 3d 1005, 2010 Fla. App. LEXIS 19945, 2010 WL 5557086
District Court of Appeal of Florida | Filed: Dec 21, 2010 | Docket: 2537201
Published
rule of statutory construction in construing section 440.45, Florida Statutes (1981)).
After listing various
829 So. 2d 791, 27 Fla. L. Weekly Supp. 795, 2002 Fla. LEXIS 1884, 2002 WL 31084673
Supreme Court of Florida | Filed: Sep 19, 2002 | Docket: 64818760
Published
judges designated-by the chief judge pursuant to section 440.45(3),■ -Florida Statutes
(if) “EAO” means the
795 So. 2d 863, 25 Fla. L. Weekly Supp. 866, 2000 Fla. LEXIS 2275, 2000 WL 1508551
Supreme Court of Florida | Filed: Oct 12, 2000 | Docket: 64808988
Published
Statutes, and the docketing judge’s review under section 440.45(3), Florida Statutes.
2000 Amendment. Subdivision
674 So. 2d 631, 21 Fla. L. Weekly Supp. 223, 1996 Fla. LEXIS 827, 1996 WL 268079
Supreme Court of Florida | Filed: May 16, 1996 | Docket: 64765026
Published
judges designated by the chief judge pursuant to section 440.45(3), Florida Statutes.
(i) “EAO” means the Employee
659 So. 2d 345, 1995 Fla. App. LEXIS 3603, 1995 WL 155565
District Court of Appeal of Florida | Filed: Apr 11, 1995 | Docket: 64758320
Published
the sufficiency of the petition pursuant to section 440.45(3), Florida Statutes (Supp.1994). The parties
Florida Attorney General Reports | Filed: Oct 7, 1992 | Docket: 3257166
Published
enlarge its scope of power through rules.4
Section 440.45(1), F.S., mandates that the Governor appoint
Florida Attorney General Reports | Filed: Sep 3, 1992 | Docket: 3257476
Published
the marriage ceremony is a "judicial act").
2 Section 440.45(3), F.S.
3 See, s. 20.171, F.S., creating the
603 So. 2d 425, 17 Fla. L. Weekly Supp. 296, 1992 Fla. LEXIS 1054, 1992 WL 99236
Supreme Court of Florida | Filed: May 14, 1992 | Docket: 64669263
Published
Labor and Employment Security, pursuant to section 440.45(3), Florida Statutes.
(7) “Judge” means a judge
Florida Attorney General Reports | Filed: Sep 12, 1990 | Docket: 3257895
Published
for workers' compensation judges to be open.
Section 440.45, F.S., as amended, does not indicate a contrary
378 So. 2d 1269, 1979 Fla. App. LEXIS 16292
District Court of Appeal of Florida | Filed: Dec 28, 1979 | Docket: 64573775
Published
(Fla. 1st DCA 1958); § 440.25(3)(b), Fla.Stat.; § 440.45(3)(j), Fla.Stat.
. Section 46, Chapter 79^40
378 So. 2d 1275, 1979 Fla. App. LEXIS 16295
District Court of Appeal of Florida | Filed: Dec 28, 1979 | Docket: 64573778
Published
(Fla. 1st DCA 1958); § 440.25(3)(b), Fla.Stat.; § 440.45(3)(j), Fla.Stat.
. Section 46, Chapter 79^40
378 So. 2d 1273, 1979 Fla. App. LEXIS 16294
District Court of Appeal of Florida | Filed: Dec 28, 1979 | Docket: 64573777
Published
(Fla. 1st DCA 1958); § 440.25(3)(b), Fla.Stat.; § 440.45(3)0), Fla.Stat.
. Section 46, Chapter 79-40
378 So. 2d 1271, 1979 Fla. App. LEXIS 16293
District Court of Appeal of Florida | Filed: Dec 28, 1979 | Docket: 64573776
Published
(Fla. 1st DCA 1958); § 440.25(3)(b), Fla.Stat.; § 440.45(3)(j), Fla.Stat.
. Section 46, Chapter 79-40
378 So. 2d 1277, 1979 Fla. App. LEXIS 16296
District Court of Appeal of Florida | Filed: Dec 28, 1979 | Docket: 64573779
Published
(Fla. 1st DCA 1958); § 440.25(3)(b), Fla.Stat.; § 440.45(3)0), Fla.Stat.
. Section 46, Chapter 79-40
378 So. 2d 1279, 1979 Fla. App. LEXIS 16298
District Court of Appeal of Florida | Filed: Dec 28, 1979 | Docket: 64573781
Published
(Fla. 1st DCA 1958); § 440.25(3)(b), Fla.Stat.; § 440.45(3)(j), Fla.Stat.
. Section 46, Chapter 79-40
378 So. 2d 1275, 1979 Fla. App. LEXIS 16295
District Court of Appeal of Florida | Filed: Dec 28, 1979 | Docket: 64573778
Published
(Fla. 1st DCA 1958); § 440.25(3)(b), Fla.Stat.; § 440.45(3)(j), Fla.Stat.
. Section 46, Chapter 79^40
378 So. 2d 1273, 1979 Fla. App. LEXIS 16294
District Court of Appeal of Florida | Filed: Dec 28, 1979 | Docket: 64573777
Published
(Fla. 1st DCA 1958); § 440.25(3)(b), Fla.Stat.; § 440.45(3)0), Fla.Stat.
. Section 46, Chapter 79-40
203 So. 2d 164, 1967 Fla. LEXIS 3430
Supreme Court of Florida | Filed: Oct 11, 1967 | Docket: 64502608
Published
evidence already taken before him. See F.S. Section 440.45(4), F.S.A.
The claimant has already been delayed
