The 2023 Florida Statutes (including Special Session C)

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.”

F.S. 440.50 on Google Scholar

F.S. 440.50 on Casetext

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 from cite.case.law:

CRUZ, I. H. Ar v. ZUCKER,, 195 F. Supp. 3d 554 (S.D.N.Y. 2016)

. . . . §§ 440.10 through § 440.50, 440.70”), For instance, 42 C.F.R. § 440.50(a) defines “physicians’ services . . .

CRUZ, I. H. Ar v. ZUCKER,, 116 F. Supp. 3d 334 (S.D.N.Y. 2015)

. . . State plan .to provide categorically needy individuals with the “services defined in § 440.10 through 440.50 . . . supervision of an individual licensed under State law to practice medicine or osteopathy.” 42 C.F.R. § 440.50 . . .

In NASSAU COUNTY STRIP SEARCH CASES, 12 F. Supp. 3d 485 (E.D.N.Y. 2014)

. . . BLH Vera Scanlon Attorney Partner 1,370.60 450.00 616,770.00 BLH Spencer Freedman Attorney Associate 440.50 . . .

CASILLAS, v. F. DAINES,, 580 F. Supp. 2d 235 (S.D.N.Y. 2008)

. . . plan must provide “categorically needy recipients” with those “services defined in § 440.10 though 440.50 . . . stacking dolls, section 440.210, in turn, refers to services provided pursuant to §§ 440.10 through 440.50 . . .

FLORIDA DEPARTMENT OF FINANCIAL SERVICES, v. RISCORP INSURANCE COMPANY v. Co., 871 So. 2d 261 (Fla. Dist. Ct. App. 2004)

. . . .” § 440.50(l)(a), Fla. Stat. (1999). . . .

MURRAY, v. UNITED STATES, 36 F. Supp. 2d 713 (E.D. Va. 1999)

. . . Third, the Court AWARDS the Plaintiff Court costs of $440.50. . . .

RING POWER CORPORATION v. CAMPBELL,, 697 So. 2d 203 (Fla. Dist. Ct. App. 1997)

. . . education program it may propose if such program is to be funded out of the fund established by s. 440.50 . . .

JONES, Jr. v. M. CHILES,, 638 So. 2d 48 (Fla. 1994)

. . . Compensation Claims shall be paid out of the Workers’ Compensation Administrative Trust Fund established in s. 440.50 . . .

Jo JENKINS, v. ACE BEAUTY COMPANY, 636 So. 2d 801 (Fla. Dist. Ct. App. 1994)

. . . relief of any kind from the Division of Workers’ Compensation or the fund established under section 440.50 . . . division shall be a party to all hearings involving any claims made against the fund established by s. 440.50 . . .

STATE DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, v. WOLFE,, 613 So. 2d 578 (Fla. Dist. Ct. App. 1993)

. . . The Workers’ Compensation Administration Trust Fund is administered by the division, see section 440.50 . . .

PLATT, v. R. C. PROPERTY, 574 So. 2d 176 (Fla. Dist. Ct. App. 1991)

. . . provisions of Section 440.20(12) & (13), which subsections should be read in pari materia with Section 440.50 . . . Section 440.50 provides for the establishment of the Workers’ Compensation Administration Trust Fund, . . .

In CHURCHFIELD MANAGEMENT INVESTMENT CORPORATION,, 98 B.R. 838 (Bankr. N.D. Ill. 1989)

. . . following expenses: UCC Searches $ 287.85 Title & Recording Fees 187.00 Witness Fees 149.40 Word Processing 440.50 . . . Such claim ($440.50) is therefore disallowed in full. This Court will allow $66,069.50 in expenses. . . .

F. WARR L. v. J. HORSLEY,, 705 F. Supp. 540 (M.D. Ala. 1989)

. . . . § 440.50 as those “by or under the personal supervision of an individual licensed under state law to . . . not include podiatrists within the definition of “physicians’ services” as required by 42 C.F.R. § 440.50 . . .

ELLIS, A By ELLIS v. PATTERSON, In, 713 F. Supp. 292 (E.D. Ark. 1988)

. . . which Brandy is one) are provided certain services, which are specified at sections 440.10 through 440.50 . . . hospital services (440.10), other laboratory and x-ray services (440.30), and physicians’ services (440.50 . . .

GILA RIVER PIMA- MARICOPA INDIAN COMMUNITY, v. UNITED STATES., 9 Cl. Ct. 660 (Cl. Ct. 1986)

. . . Price Jan. 1, 1947-440.50 Dec. 31, 1956 Oct. 28, 1946 Bogle Farms, Inc. . . . Price 1947- 56 440.50 $2.50/acre/year-5 yrs. $5/acre/year-5 yrs. . . . The second Price lease, 1947-56, covered 440.50 acres and had a rental of $2.50 per acre per year for . . .

O NEIL, v. DEPARTMENT OF TRANSPORTATION, 468 So. 2d 904 (Fla. 1985)

. . . .-15(l)(e), 440.49(2)(h), 440.50, 440.51, Fla. Stat. (1979); Fla.Admin.Code Ch. 38F-4. . . .

LEE, v. S. SCHWEIKER,, 739 F.2d 870 (3d Cir. 1984)

. . . After three months, the insufficiency had been reduced by $306, to $440.50. . . . Accordingly, we reverse the judgment as to the $440.50 recouped from post-petition benefits, affirm as . . .

LEE, v. S. SCHWEIKER,, 739 F.2d 870 (3d Cir. 1984)

CLAY HYDER TRUCKING LINES, v. ATHERTON,, 450 So. 2d 318 (Fla. Dist. Ct. App. 1984)

. . . the Division of Labor, which is authorized “to expend moneys from the special fund established by s. 440.50 . . . The division may, and it is authorized to, expend moneys from the special fund established by s. 440.50 . . .

SPECIAL DISABILITY TRUST FUND, DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, v. MOTOR AND COMPRESSOR COMPANY, 446 So. 2d 224 (Fla. Dist. Ct. App. 1984)

. . . for such purposes from the Workmen’s Compensation Administration Trust Fund established by Section 440.50 . . .

N. MILLER, v. HOSPITALITY CARE CENTER, Co., 431 So. 2d 254 (Fla. Dist. Ct. App. 1983)

. . . preclude the recoupment of expenditures from the Workers’ Compensation Administration Trust Fund when § 440.50 . . .

In LEE, LEE, v. S. SCHWEIKER,, 25 B.R. 135 (Bankr. E.D. Pa. 1982)

. . . The sum of $440.50, recovered after the filing of the petition, was allegedly recouped in violation of . . .

LEDET, v. FISCHER, 548 F. Supp. 775 (M.D. La. 1982)

. . . defines “required services” for the categorically needy as those services specified in §§ 440.10 through 440.50 . . . (d) skilled nursing facility services, EPSDT and family planning (440.40); (e) physician services (440.50 . . .

HURRICANE FENCE INDUSTRIES v. L. BOZEMAN,, 413 So. 2d 822 (Fla. Dist. Ct. App. 1982)

. . . program it may propose if said rehabilitation program is to be funded out of the fund established by s. 440.50 . . .

R. YAPALATER, M. D. F. A. P. A. v. W. BATES, P. J. M. D., 494 F. Supp. 1349 (S.D.N.Y. 1980)

. . . The HHS letter then quotes § 440.50(b), and continues: “Accordingly, you must reimburse for physician . . . That letter offers the following discussion: “ ‘Physicians’ services’ are defined in 42 CFR 440.50 as . . . Subsection (b) of § 440.50 unquestionably makes federal Medicaid funding available in respect of services . . . If plaintiff’s interpretation of § 440.50 is correct, the psychiatrist in private practice could demand . . . But the potential risk is real enough; and the state is entitled, under § 440.50(a), to require that . . .

McRAE, B. M. D. M. D. B. M. D. M. D. W. H. M. D. s v. A. CALIFANO, Jr. L. A. J. M. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, v. A. CALIFANO, Jr., 491 F. Supp. 630 (E.D.N.Y. 1980)

. . . that at a minimum categorically needy recipients are provided the services as specified in §§ 440.10-440.50 . . .

DOE, B. M. D. D. M. D. M. D. S. M. D. M. M. D. M. D. T. M. D. S. M. D. M. D. W. M. D. M. D. M. D. M. D. s s v. D. BUSBEE, B. E. D. P. K., 481 F. Supp. 46 (N.D. Ga. 1979)

. . . that, as a minimum, categorically needy recipients are provided the services as specified in §§ 440.10-440.50 . . .

H. SIMPSON, v. WILSON,, 480 F. Supp. 97 (D. Vt. 1979)

. . . . § 440.50 (1978). . . .

M. KEITH, v. CITY OF ALTAMONTE SPRINGS, 344 So. 2d 555 (Fla. 1977)

. . . that the division is authorized to expend monies from a trust fund which is established in Section 440.50 . . . program it may propose if said rehabilitation program is to be funded out of the fund established by § 440.50 . . . division shall be a party to all hearings involving any claims made against the fund established by § 440.50 . . .

FLORIDA INDUSTRIAL COMMISSION, a f u b o v. YELL FOR PENNELL, INC., 253 So. 2d 918 (Fla. Dist. Ct. App. 1971)

. . . the trustees against the members of the Fund based on their contract obligation, and expressly by § 440.50 . . .

HARTFORD ACCIDENT AND INDEMNITY COMPANY v. SPECIAL DISABILITY FUND AETNA CASUALTY AND SURETY COMPANY, v. SPECIAL DISABILITY FUND, 249 So. 2d 673 (Fla. 1971)

. . . Sections 440.49 and 440.50, F.S.A.) of a portion of the compensation benefits they paid an employee, . . .

COLONIAL RESTAURANT CORPORATION, v. STATE DEPARTMENT OF COMMERCE, a, 248 So. 2d 494 (Fla. Dist. Ct. App. 1971)

. . . delinquent premiums and assessments” as being in the nature of a penalty within the meaning of Section 440.50 . . . the same extent as other delinquent compensation orders either by the commission pursuant to Section 440.50 . . .

S. STEWART, v. BOARD OF PUBLIC INSTRUCTION, DADE COUNTY, 102 So. 2d 821 (Fla. Dist. Ct. App. 1958)

. . . The commission may, and it is authorized to, expend monies from the special fund established by § 440.50 . . .

FELDKAMP v. COAST CITIES COACHES,, 10 Fla. Supp. 94 (Fla. Industrial Comm'n 1956)

. . . commission do reimburse the carrier for such costs from its administrative fund established under section 440.50 . . .

J. CROUSE, v. UNITED STATES, 137 F. Supp. 47 (D. Del. 1955)

. . . Loss of earnings was shown to be $1,-440.50. . . .

SHIPP v. FARRENS TREE SURGEONS,, 72 So. 2d 387 (Fla. 1954)

. . . . § 440.50, F.S.A. on authority of the Lollie case, supra, which we will have more to say about later . . .

STATE OF FLORIDA v. FLORIDA STATE IMPROVEMENT COMMISSION,, 158 Fla. 743 (Fla. 1947)

. . . The legislature apparently took this view by its enactment of Chapter 440.50, Florida Statutes of 1941 . . .

BOWLES v. SUPERIOR PACKING CO., 63 F. Supp. 12 (D. Minn. 1945)

. . . for such sales which exceeded the maximum prices permitted therefor by said regulation in the sum of $440.50 . . . the defendant in the sum, of $25,546.83, $660.75 (one and one-half times the conceded overcharge of $440.50 . . .

FLORIDA INDUSTRIAL COMMISSION D. J. v. FELDA LUMBER COMPANY T. E. MASTIN COMPANY, 154 Fla. 507 (Fla. 1944)

. . . Said sum shall become a part of the administrative fund of the commission provided for in No. 440.50. . . .