Florida Statute 440.50 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

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F.S. 440.50

440.50 Workers’ Compensation Administration Trust Fund.—

(1)¹(a) There is established in the State Treasury a special fund to be known as the “Workers’ Compensation Administration Trust Fund” for the purpose of providing for the payment of all expenses in respect to the administration of this chapter, including the vocational rehabilitation of injured employees as provided in s. 440.49 and the payments due under s. 440.15(1)(f), the funding of the fixed administrative expenses of the plan, and the funding of the Bureau of Workers’ Compensation Fraud within the Department of Financial Services. Such fund shall be administered by the department.

(b) The department is authorized to transfer as a loan an amount not in excess of $250,000 from such special fund to the Special Disability Trust Fund established by s. 440.49(8), which amount shall be repaid to the special fund in annual payments equal to not less than 10 percent of moneys received for the Special Disability Trust Fund.

(2) The Chief Financial Officer is authorized to disburse moneys from such fund only when approved by the department.

(3) The Chief Financial Officer shall deposit any moneys paid into such fund into such depository banks as the department may designate and is authorized to invest any portion of the fund which, in the opinion of the department, is not needed for current requirements, in the same manner and subject to all the provisions of the law with respect to the deposit of state funds by such Chief Financial Officer. All interest earned by such portion of the fund as may be invested by the Chief Financial Officer shall be collected by him or her and placed to the credit of such fund.

(4) All civil penalties provided in this chapter, if not voluntarily paid, may be collected by civil suit brought by the department and shall be paid into such fund.

(5) Funds appropriated by an operating appropriation or a nonoperating transfer from the Workers’ Compensation Administration Trust Fund to the Agency for Health Care Administration, the Department of Business and Professional Regulation, the Department of Management Services, the First District Court of Appeal, and the Justice Administrative Commission remaining unencumbered as of June 30 or undisbursed as of September 30 each year shall revert to the Workers’ Compensation Administration Trust Fund.

History.—s. 50, ch. 17481, 1935; CGL 1936 Supp. 5966(48); s. 13, ch. 29778, 1955; s. 2, ch. 61-119; ss. 17, 35, ch. 69-106; s. 22, ch. 74-197; s. 23, ch. 78-300; ss. 38, 124, ch. 79-40; s. 21, ch. 79-312; s. 11, ch. 85-61; s. 43, ch. 89-289; s. 56, ch. 90-201; s. 52, ch. 91-1; s. 45, ch. 93-415; s. 72, ch. 96-418; s. 1056, ch. 97-103; s. 36, ch. 98-34; s. 6, ch. 2000-150; s. 49, ch. 2002-194; s. 490, ch. 2003-261; s. 8, ch. 2011-59; s. 7, ch. 2012-135; s. 8, ch. 2016-56.

¹Note.—Section 2, ch. 2005-58, provides that “[i]n addition to the purpose of the Workers’ Compensation Administration Trust Fund specified in section 440.50(1)(a), Florida Statutes, moneys in the Workers’ Compensation Administration Trust Fund in the Department of Financial Services may also be appropriated to fund the enforcement of farm labor laws by the Department of Business and Professional Regulation.”

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Amendments to 440.50

Arrestable Offenses / Crimes under Fla. Stat. 440.50

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 440.50.

Annotations, Discussions, Cases:

Cases Citing Statute 440.50

Total Results: 20

Florida Department of Financial Services v. RISCORP Insurance Co.

Court: District Court of Appeal of Florida | Date Filed: 2004-03-16

Citation: 871 So. 2d 261, 2004 Fla. App. LEXIS 3239

Snippet: Compensation Fraud within the Department of Insurance.” § 440.50(l)(a), Fla. Stat. (1999). The total expense of

Ring Power Corp. v. Campbell

Court: District Court of Appeal of Florida | Date Filed: 1997-07-21

Citation: 697 So. 2d 203, 1997 WL 402111

Snippet: to be funded out of the fund established by s. 440.50. § 440.49(1)(a), Fla. Stat. (1993)(emphasis supplied)

Jones v. Chiles

Court: Supreme Court of Florida | Date Filed: 1994-06-09

Citation: 638 So. 2d 48, 1994 WL 245612

Snippet: Compensation Administrative Trust Fund established in s. 440.50. (2)(a) The Governor shall appoint full time judges

Jenkins v. Ace Beauty Co.

Court: District Court of Appeal of Florida | Date Filed: 1994-05-03

Citation: 636 So. 2d 801, 1994 Fla. App. LEXIS 4049, 1994 WL 159902

Snippet: Compensation or the fund established under section 440.50, Florida Statutes, which the Division administers

State, Department of Labor & Employment Security v. Wolfe

Court: District Court of Appeal of Florida | Date Filed: 1993-02-08

Citation: 613 So. 2d 578, 1993 Fla. App. LEXIS 1520, 1993 WL 30649

Snippet: Fund is administered by the division, see section 440.50(l)(a), Florida Statutes (1991).

Platt v. R.C. Property

Court: District Court of Appeal of Florida | Date Filed: 1991-01-15

Citation: 574 So. 2d 176, 1991 Fla. App. LEXIS 437, 1991 WL 5007

Snippet: subsections should be read in pari materia with Section 440.50 establishing the Trust Fund. In response, the employer

O'NEIL v. Department of Transp.

Court: Supreme Court of Florida | Date Filed: 1985-03-07

Citation: 468 So. 2d 904, 10 Fla. L. Weekly 157

Snippet: trust funds. See §§ 440.15(1)(e), 440.49(2)(h), 440.50, 440.51, Fla. Stat. (1979); Fla. Admin. Code Ch

Clay Hyder Trucking Lines v. Atherton

Court: District Court of Appeal of Florida | Date Filed: 1984-05-22

Citation: 450 So. 2d 318, 1984 Fla. App. LEXIS 13359

Snippet: moneys from the special fund established by s. 440.50 ..." in order to carry out its responsibility.[2]

SPEC. DIS. TRUST FUND v. Motor & Compressor Co.

Court: District Court of Appeal of Florida | Date Filed: 1984-03-02

Citation: 446 So. 2d 224

Snippet: Administration Trust Fund established by Section 440.50. See Section 440.49(1), Florida Statutes (1978

Ago

Court: Florida Attorney General Reports | Date Filed: 1983-09-27

Snippet: Compensation Law, Ch. 440, F.S. Seegenerally, s 440.50(1)(a) and 440.51(1)(b), F.S. Although s440.50,

Miller v. Hospitality Care Center

Court: District Court of Appeal of Florida | Date Filed: 1983-05-09

Citation: 431 So. 2d 254, 1983 Fla. App. LEXIS 19328

Snippet: Workers’ Compensation Administration Trust Fund when § 440.50, Florida Statutes, is applicable.

Hurricane Fence Industries v. Bozeman

Court: District Court of Appeal of Florida | Date Filed: 1982-05-06

Citation: 413 So. 2d 822

Snippet: to be funded out of the fund established by s. 440.50... . Under the pre-1979 statute, rehabilitation

Keith v. City of Altamonte Springs

Court: Supreme Court of Florida | Date Filed: 1977-03-17

Citation: 344 So. 2d 555

Snippet: from a trust fund which is established in Section 440.50, Florida Statutes (1975), for the purpose of providing

Florida Industrial Commission v. Yell for Pennell, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1971-09-21

Citation: 253 So. 2d 918, 1971 Fla. App. LEXIS 5959

Snippet: on their contract obligation, and expressly by § 440.50 (4) Fla.Stat., F.S.A. Availing ourselves of the

Hartford Accident & Indemnity Co. v. Special Disability Fund

Court: Supreme Court of Florida | Date Filed: 1971-06-09

Citation: 249 So. 2d 673, 1971 Fla. LEXIS 3629

Snippet: Special Disability Fund (see F.S. Sections 440.49 and 440.50, F.S.A.) of a portion of the compensation benefits

Colonial Restaurant Corp. v. State Department of Commerce

Court: District Court of Appeal of Florida | Date Filed: 1971-05-26

Citation: 248 So. 2d 494, 1971 Fla. App. LEXIS 6524

Snippet: nature of a penalty within the meaning of Section 440.50(4), which provides that: “All civil penalties provided

Honeywell, Inc. v. Haley

Court: Supreme Court of Florida | Date Filed: 1968-11-27

Citation: 216 So. 2d 745, 1968 Fla. LEXIS 2041

Snippet: established and administered pursuant to Sections 440,50 and 440.51, F.S. Our conclusion as announced above

Stewart v. Board of Public Instruction

Court: District Court of Appeal of Florida | Date Filed: 1958-04-29

Citation: 102 So. 2d 821, 1958 Fla. App. LEXIS 2859

Snippet: expend monies from the special fund established by § 440.50, for the purpose of assisting such injured employees

Shipp v. Farrens Tree Surgeons, Inc.

Court: Supreme Court of Florida | Date Filed: 1954-05-04

Citation: 72 So. 2d 387, 1954 Fla. LEXIS 1414

Snippet: but denied additional compensation under F.S. § 440.50, F.S.A. on authority of the Lollie case, supra

State v. Florida State Improvement Commission

Court: Supreme Court of Florida | Date Filed: 1947-04-18

Citation: 30 So. 2d 97, 158 Fla. 743, 1947 Fla. LEXIS 626

Snippet: apparently took this view by its enactment of Chapter 440.50, Florida Statutes of 1941, as follows: "(1) There