Florida Statute 440.54 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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.

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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 Citing Statute 440.54

Total Results: 14

Garcia-Lopez v. Affordable Plumbing/Vinings Insurance Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2011-07-18T00:00:00-07:00

Citation: 66 So. 3d 1024, 2011 Fla. App. LEXIS 11170

Snippet: against the employer alone, pursuant to section 440.54, Florida Statutes *1027(2008), has not been challenged

Cox v. Clark

Court: Fla. Dist. Ct. App. | Date Filed: 1996-11-05T00:00:00-08:00

Citation: 682 So. 2d 653, 1996 Fla. App. LEXIS 11486, 1996 WL 636046

Snippet: .1977), and cert. denied, 434 U.S. 943, 98 S.Ct. 440, 54 L.Ed.2d 305 (1977). I respectfully dissent. .Section

Ford v. Ford

Court: Fla. Dist. Ct. App. | Date Filed: 1991-12-10T23:53:00-08:00

Citation: 592 So. 2d 698

Snippet: New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440, 54 S.Ct. 788, 790, 78 L.Ed. 1348, 1352 (1934)). This

McKenzie v. Kinsey

Court: Fla. Dist. Ct. App. | Date Filed: 1988-10-19T00:53:00-07:00

Citation: 532 So. 2d 98

Snippet: New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 [54 S.Ct. 788, 790, 78 L.Ed. 1348 (1934)]... . It is

Florida Insurance Guaranty Ass'n v. Valez

Court: Fla. Dist. Ct. App. | Date Filed: 1987-10-20T00:00:00-07:00

Citation: 514 So. 2d 395, 12 Fla. L. Weekly 2442, 1987 Fla. App. LEXIS 10687

Snippet: violations of the Child Labor Law and that under Section 440.54, Florida Statutes, the employer was individually

Wilkinson v. Florida Adult Care Ass'n, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1984-05-02T00:53:00-07:00

Citation: 450 So. 2d 1168

Snippet: 945 (Fla.), cert. denied, 434 U.S. 943, 98 S.Ct. 440, 54 L.Ed.2d 305 (1977) (city building official); Bishop

Binimelis ex rel. Binimelis v. M.E.F. International Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 1983-01-05T00:00:00-08:00

Citation: 424 So. 2d 941, 1983 Fla. App. LEXIS 18433

Snippet: For instance, the penalty provided for in Section 440.54, Florida Statutes (1979) for the employment of

Coleman v. Collins

Court: Fla. Dist. Ct. App. | Date Filed: 1980-05-28T00:53:00-07:00

Citation: 384 So. 2d 229

Snippet: (Fla. 1977), cert. den. 434 U.S. 943, 98 S.Ct. 440, 54 L.Ed.2d 305 (1977). 77-2542/NT4-81 District

Holter v. WLCY TV, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 1978-11-30T23:53:00-08:00

Citation: 366 So. 2d 445

Snippet: DCA 1976) cert. denied 434 U.S. 943, 98 S.Ct. 440, 54 L.Ed.2d 305 (1977) the jury returned a verdict

Ferlita v. Florida Art Stucco Corp.

Court: Fla. | Date Filed: 1954-10-08T00:00:00-08:00

Citation: 74 So. 2d 893, 1954 Fla. LEXIS 1186

Snippet: payable under. 440.54 was a penalty and must be strictly construed; second, the fact that 440.54 and 440.20… for double compensation as provided by Section 440.54, Florida Statutes 1941, F.S.A. The Florida Industrial…30, 1948. 'No award was made under Section 440.54 for double benefits at that time. Thereafter, on…claimant the double benefits provided by *894Section 440.54, and denied the claim for additional attorneys …440.34, on the ground that payment under Section 440.54 was a penalty and not compensation, and the law

Winn-Lovett Tampa v. Murphree

Court: Fla. | Date Filed: 1954-06-18T00:53:00-07:00

Citation: 73 So. 2d 287

Snippet: husband or wife, parents, * * *." Section 440.54, Workmen's Compensation Act, relative to additional…limiting liability of the employer, and Section 440.54 providing additional compensation to minors employed… no uncertain terms and the language of Section 440.54 amply fortifies this conclusion. The terms of these…employees as including unlawfully employed minors 440.54, relating to additional compensation for minors

Lockett v. Smith

Court: Fla. | Date Filed: 1954-05-21T00:53:00-07:00

Citation: 72 So. 2d 817

Snippet: the interpretation given by this court to Section 440.54. The latter section (which provides for payment

Shipp v. Farrens Tree Surgeons, Inc.

Court: Fla. | Date Filed: 1954-05-04T00:00:00-07:00

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

Snippet: age, petitioner brought this suit under Section 440.54, Florida Statutes 1941, F.S.A., to recover double…to double compensation as authorized by Section 440.54, Florida Statutes 1941, F.S.A. The only violation…the minor employee. The Lollie case held Section 440.54 to be a penalty statute. It is however, a penalty…limit the total compensation provided under Section 440.54. In repealing Section 440.20(13), Chapter 26877

Lollie v. General American Tank Storage Terminals

Court: Fla. | Date Filed: 1948-02-27T00:00:00-08:00

Citation: 34 So. 2d 306, 160 Fla. 208, 1948 Fla. LEXIS 643

Snippet: that part of the award appealed from on Section 440.54, Florida Statutes 1941, which in effect provides…statutes, Sections 232.03, 232.07, 232.08, 450.04, 440.54 and perhaps others, shows that the only purpose…Industrial Commission based its award on Section 440.54, Florida Statutes 1941, which provides that compensation…Child Labor Laws. We are convinced that Section 440.54 must be read in connection with section 440.20,…medical treatment and funeral expenses. Sections 440.54 and 440.20 were not enacted at the same time but