Florida Statutes
Fla. Stat. § 440.50 (2025)
Workers’ Compensation Administration Trust Fund.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.”
Notes of Decisions
Cited in 12
cases, 1954–2004 · leading case: Keith v. City of Altamonte Springs, 344 So. 2d 555 (Fla. 1977).
Keith v. City of Altamonte Springs, 344 So. 2d 555 (Fla. 1977). “It also provides that the division is authorized to expend monies from a trust fund which is established in Section 440.50, Florida Statutes (1975), for the purpose of providing assistance to employees in need of rehabilitation.”
SPEC. DIS. TRUST FUND v. Motor & Compressor Co., 446 So. 2d 224 (Fla. 1st DCA 1984). “Instead, the Division of Workers Compensation was required to assist permanently disabled workers in obtaining training, education and employment and was authorized to expend monies for such purposes from the Workmen's Compensation Administration Trust Fund established by…”
Colonial Restaurant Corp. v. State Dep't of Com., 248 So. 2d 494 (Fla. 4th DCA 1971). “Moreover, it is not unreasonable to construe the “delinquent premiums and assessments” as being in the nature of a penalty within the meaning of Section 440.50(4), which provides that: “All civil penalties provided in this chapter, if not voluntarily paid, may be collected by…”
Stewart v. Bd. of Pub. Instruction, 102 So. 2d 821 (Fla. 3d DCA 1958). “The commission may, and it is authorized to, expend monies from the special fund established by § 440.50, for the purpose of assisting such injured employees to obtain appropriate training, education and employment in connection with their vocational rehabilitation.”
Florida Dep't of Fin. Servs. v. RISCORP Ins. Co., 871 So. 2d 261 (Fla. 1st DCA 2004). “” § 440.50(l)(a), Fla. Stat. (1999). The total expense of the administration of the WCATF is to be prorated among insurance carriers writing compensation insurance in Florida and self-insurers.”
Shipp v. Farrens Tree Surgeons, Inc., 72 So. 2d 387 (Fla. 1954). “The deputy commissioner found him to be under 18 years of age but denied additional compensation under F.S. § 440.50, F.S.A. on authority of the Lollie case, supra, which we will have more to say about later.”
Platt v. R.C. Prop., 574 So. 2d 176 (Fla. 1st DCA 1991). “20(12) & (13), which subsections should be read in pari materia with Section 440.50 establishing the Trust Fund.”
Miller v. Hosp. Care Ctr., 431 So. 2d 254 (Fla. 1st DCA 1983). “We caveat that nothing in this opinion shall preclude the recoupment of expenditures from the Workers’ Compensation Administration Trust Fund when § 440.50, Florida Statutes, is applicable.”
State, Dep't of Labor & Emp. Sec. v. Wolfe, 613 So. 2d 578 (Fla. 5th DCA 1993). “The Workers’ Compensation Administration Trust Fund is administered by the division, see section 440.50(l)(a), Florida Statutes (1991).”
Jenkins v. Ace Beauty Co., 636 So. 2d 801 (Fla. 1st DCA 1994). “Her claim did not seek relief of any kind from the Division of Workers’ Compensation or the fund established under section 440.50, Florida Statutes, which the Division administers.”
Feldkamp v. Coast Cities Coaches, Inc., 10 Fla. Supp. 94 (Fla. Indus. Comm'n 1956). “commission; and that upon submission by the carrier to the commission of a statement of the costs advanced by the carrier to finance claimant’s evaluation program at the Institute for the Crippled and Disabled in New York City, together with supporting bills and receipts, the…”
Florida Indus. Comm'n v. Yell for Pennell, Inc., 253 So. 2d 918 (Fla. 4th DCA 1971). “34 for attorney fees was not applicable because that section had reference to allowance of a fee for an attorney for successfully prosecuting a compensation claim; and (3) that payment of such assessments were enforceable by the Commission or the trustees against the members of…”
— 440.50(4) — 1 case
Colonial Restaurant Corp. v. State Dep't of Com., 248 So. 2d 494 (Fla. 4th DCA 1971). “Moreover, it is not unreasonable to construe the “delinquent premiums and assessments” as being in the nature of a penalty within the meaning of Section 440.50(4), which provides that: “All civil penalties provided in this chapter, if not voluntarily paid, may be collected by…”
— 440.50(l)(a) — 2 cases
Florida Dep't of Fin. Servs. v. RISCORP Ins. Co., 871 So. 2d 261 (Fla. 1st DCA 2004). “” § 440.50(l)(a), Fla. Stat. (1999). The total expense of the administration of the WCATF is to be prorated among insurance carriers writing compensation insurance in Florida and self-insurers.”
State, Dep't of Labor & Emp. Sec. v. Wolfe, 613 So. 2d 578 (Fla. 5th DCA 1993). “The Workers’ Compensation Administration Trust Fund is administered by the division, see section 440.50(l)(a), Florida Statutes (1991).”
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