Florida Statutes
Fla. Stat. § 440.54 (2025)
Violation of child labor law.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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440.54 Violation of child labor law.—If the judge of compensation claims determines that an injured employee at the time of an accident is a minor employed, permitted, or suffered to work in violation of any of the provisions of the child labor laws of Florida, the employer shall, in addition to the normal compensation and death benefits provided by this chapter, pay such additional compensation as the judge of compensation claims may determine according to the circumstances of the case or the seriousness of the violation; however, the total compensation so payable shall not exceed double the amount otherwise payable under this chapter. The employer alone, and not the insurance carrier, shall be liable for the increased compensation or increased death benefits provided for by this section. Any provision in an insurance policy undertaking to protect an employer from such increased liability shall be void.
History.—s. 18, ch. 18413, 1937; CGL 1940 Supp. 5966(54); s. 15, ch. 28241, 1953; ss. 17, 35, ch. 69-106; s. 26, ch. 75-209; s. 23, ch. 78-300; ss. 41, 124, ch. 79-40; s. 21, ch. 79-312; s. 43, ch. 89-289; s. 56, ch. 90-201; s. 52, ch. 91-1; s. 15, ch. 91-46.
Notes of Decisions
Cited in 10
cases, 1948–2011 · leading case: Lollie v. Gen. Am. Tank Storage Terminals, 34 So. 2d 306 (Fla. 1948).
Lollie v. Gen. Am. Tank Storage Terminals, 34 So. 2d 306 (Fla. 1948). “” The Industrial Commission predicated that part of the award appealed from on Section 440.54, Florida Statutes 1941, which in effect provides that compensation and death benefits shall be double the.”
Ferlita v. Florida Art Stucco Corp., 74 So. 2d 893 (Fla. 1954). “He also filed claim for double compensation as provided by Section 440.54, Florida Statutes 1941, F.”
CNA Ins. Companies v. Sliski, 744 N.E.2d 634 (Mass. 2001). “, Fla. Stat. Ann. § 440.54 (West 1991) (“The employer alone, and not the insurance carrier, shall be liable for the increased compensation or increased death benefits provided for by this section”); Ind.”
Lockett v. Smith, 72 So. 2d 817 (Fla. 1954). “20(6) is "compensation" but this would seem, without more, to be too superficial an analysis in view of the interpretation given by this court to Section 440.54. The latter section (which provides for payment of double the amount of compensation in case of violation of the child…”
Binimelis ex rel. Binimelis v. M.E.F. Int'l Corp., 424 So. 2d 941 (Fla. Dist. Ct. App. 1983). “For instance, the penalty provided for in Section 440.54, Florida Statutes (1979) for the employment of minors is primarily considered to be a penalty against the employer and only secondarily to be a benefit to the unlawfully employed minor.”
Shipp v. Farrens Tree Surgeons, Inc., 72 So. 2d 387 (Fla. 1954). “Contending that he was a minor under 18 years of age, petitioner brought this suit under Section 440.54, Florida Statutes 1941, F.”
Garcia-Lopez v. Affordable Plumbing/Vinings Ins. Co., 66 So. 3d 1024 (Fla. 1st DCA 2011). “Although the JCC’s award of additional compensation against the employer alone, pursuant to section 440.54, Florida Statutes *1027 (2008), has not been challenged on cross appeal, the amount of that award was based on the amount of temporary partial disability benefits awarded…”
Winn-Lovett Tampa v. Murphree, 73 So. 2d 287 (Fla. 1954). “" Section 440.54, Workmen's Compensation Act, relative to additional compensation to minors employed in violation of the Child Labor Law: "If the commission determines that the injured employee at the time of the accident is a minor employed, permitted or suffered to work in…”
Ferlita v. Florida Art Stucco Corp., 4 Fla. Supp. 139 (Fla. Indus. Comm'n 1953). “The question before the commission is one of law only, to-wit — whether the payment by the employer of the increased amount of compensation due under section 440.54, Florida Statutes 1951, is compensation within the purview of the Act.”
Florida Ins. Guar. Ass'n v. Valez, 514 So. 2d 395 (Fla. Dist. Ct. App. 1987). “The dc in his order found that this case involved multiple violations of the Child Labor Law and that under Section 440.54, Florida Statutes, the employer was individually liable for the payment of compensation, equal to the amount paid by the carrier.”
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