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Florida Statute 440.54 | Lawyer Caselaw & Research
F.S. 440.54 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 440.54

The 2023 Florida Statutes (including Special Session C)

Title XXXI
LABOR
Chapter 440
WORKERS' COMPENSATION
View Entire Chapter
F.S. 440.54
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.

F.S. 440.54 on Google Scholar

F.S. 440.54 on Casetext

Amendments to 440.54


Arrestable Offenses / Crimes under Fla. Stat. 440.54
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 440.54.



Annotations, Discussions, Cases:

Cases from cite.case.law:

GARCIA- LOPEZ, v. AFFORDABLE PLUMBING VININGS INSURANCE CO., 66 So. 3d 1024 (Fla. Dist. Ct. App. 2011)

. . . Although the JCC’s award of additional compensation against the employer alone, pursuant to section 440.54 . . .

WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, v. UNITED STATES,, 54 Fed. Cl. 20 (Fed. Cl. 2002)

. . . $293.50 per linear foot, while the second, a 4.55 mile passage in Washington, D.C., was sold in 1990 for $440.54 . . . 54.55 2 Bethesda, Md. 6.45 miles 89’ 12/88 $3.30 $293.50 3 Washington, DC 4.55 miles 60’ 11/90 $7.28 $440.54 . . .

FLORIDA INSURANCE GUARANTY ASSOCIATION, v. VALEZ,, 514 So. 2d 395 (Fla. Dist. Ct. App. 1987)

. . . order found that this case involved multiple violations of the Child Labor Law and that under Section 440.54 . . .

BINIMELIS, d v. M. E. F. INTERNATIONAL 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 . . .

R. FERLITA, v. FLORIDA ART STUCCO CORPORATION,, 74 So. 2d 893 (Fla. 1954)

. . . He also filed claim for double compensation as provided by Section 440.54, Florida Statutes 1941, F.S.A . . . 'No award was made under Section 440.54 for double benefits at that time. . . . a- deputy commissioner ordered the employer to pay claimant the double benefits provided by Section 440.54 . . . for additional attorneys fees as provided by Section 440.34, on the ground that payment under Section 440.54 . . . Such additional amounts payable under Section 440.54 is a penalty solely against the employer. . . .

WINN- LOVETT TAMPA, v. MURPHREE, 73 So. 2d 287 (Fla. 1954)

. . . of such employer to the employee, his legal representative, husband or wife, - parents, * * Section 440.54 . . . Section 440.02(2) defining employee, Section 440.11 limiting liability of the employer, and Section 440.54 . . . Section 440.11 says so in no uncertain terms and the language of Section 440.54 amply fortifies this . . . would render meaningless Section 440.02(2) defining employees as including unlawfully employed minors 440.54 . . .

LOCKETT v. SMITH, 72 So. 2d 817 (Fla. 1954)

. . . more, to be too -superficial an analysis in view of the interpretation, given by this court to Section 440.54 . . .

SHIPP v. FARRENS TREE SURGEONS,, 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 . . . determination is whether or not the claimant is entitled to double compensation as authorized by Section 440.54 . . . The Lollie case held Section 440.54 to be a penalty statute. . . . was considered in the Lollie case and was held to limit the total compensation provided under Section 440.54 . . .

MORTON v. UNITED STATES, 113 F. Supp. 496 (E.D.N.Y. 1953)

. . . value of the policy in the amount of $257.20, there remained a balance due the insurance company of $440.54 . . . That the defendant has paid the sum of $440.54 to the New York Life Insurance 'Company in full satisfaction . . . by the Veterans Administration of the payment to the New York Life Insurance Company of the sum of $440.54 . . . the amount of $236.50 was paid to the Treasurer of the United States as an offset against the sum of $440.54 . . . That the claim which was asserted by the defendant against the plaintiff for $440.54 (and which is presently . . .

FERLITA v. FLORIDA ART STUCCO CORP., 4 Fla. Supp. 139 (Fla. Industrial Comm'n 1953)

. . . to-wit — whether the payment by the employer of the increased amount of compensation due under section 440.54 . . . At that time the question of the application of section 440.54 was specifically held in abeyance by the . . . that the additional payment made by the employer on or about August 31, 1952, as required by section 440.54 . . .

G. D. LOLLIE, MOLLIE LOLLIE, CHRISTINE LOLLIE FLORIDA INDUSTRIAL COMMISSION, v. GENERAL AMERICAN TANK STORAGE TERMINALS AND THE TRAVELERS INSURANCE COMPANY, 160 Fla. 208 (Fla. 1948)

. . . The Industrial Commission predicated that part of the award appealed from on Section 440.54, Florida . . . On examination of the pertinent statutes, Sections 232.03, 232.07, 232.08, 450.04, 440.54 and perhaps . . . The Industrial Commission based its award on Section 440.54, Florida Statutes 1941, which provides that . . . We are convinced that Section 440.54 must be read in connection with section 440.20, Florida Statutes . . . There can be no question that Section 440.54 imposes a penalty on the employer. . . .