(1) INTERPRETATION OF LAW.—As a guide to the interpretation of this chapter, the Legislature takes due notice of federal social and labor acts and hereby creates an agency to administer such acts passed for the benefit of employees and employers in Florida industry, and desires to meet the requirements of such federal acts wherever not inconsistent with the Constitution and laws of Florida.
(2) INTENT.—It is the intent of the Legislature that the department, the agency, and the Division of Administrative Hearings assume an active and forceful role in its administration of this act, so as to ensure that the system operates efficiently and with maximum benefit to both employers and employees.
(3) EXPENDITURES.—The department, the agency, the office, and the director of the Division of Administrative Hearings shall make such expenditures, including expenditures for personal services and rent at the seat of government and elsewhere, for law books; for telephone services and WATS lines; for books of reference, periodicals, equipment, and supplies; and for printing and binding as may be necessary in the administration of this chapter. All expenditures in the administration of this chapter shall be allowed and paid as provided in s. 440.50 upon the presentation of itemized vouchers therefor approved by the department, the agency, the office, or the director of the Division of Administrative Hearings.
(4) PERSONNEL ADMINISTRATION.—Subject to the other provisions of this chapter, the department, the agency, the office, and the Division of Administrative Hearings may appoint, and prescribe the duties and powers of, bureau chiefs, attorneys, accountants, medical advisers, technical assistants, inspectors, claims examiners, and such other employees as may be necessary in the performance of their duties under this chapter.
(5) OFFICE.—The department, the agency, and the Deputy Chief Judge shall maintain and keep open during reasonable business hours an office, which shall be provided in the Capitol or some other suitable building in the City of Tallahassee, for the transaction of business under this chapter, at which office the official records and papers shall be kept. The office shall be furnished and equipped. The department, the agency, any judge of compensation claims, or the Deputy Chief Judge may hold sessions and conduct hearings at any place within the state.
(6) SEAL.—The department and the judges of compensation claims shall have a seal upon which shall be inscribed the words “State of Florida Department of Financial Services—Seal” and “Division of Administrative Hearings—Seal,” respectively.
(7) DESTRUCTION OF OBSOLETE RECORDS.—The department is expressly authorized to provide by regulation for and to destroy obsolete records of the department. The Division of Administrative Hearings is expressly authorized to provide by regulation for and to destroy obsolete records of the Office of the Judges of Compensation Claims.
(8) PROCEDURE.—In the exercise of their duties and functions requiring administrative hearings, the department and the agency shall proceed in accordance with the Administrative Procedure Act. The authority of the department and the agency to issue orders resulting from administrative hearings as provided for in this chapter shall not infringe upon the jurisdiction of the judges of compensation claims.
History.—s. 44, ch. 17481, 1935; CGL 1936 Supp. 5966(42); s. 15, ch. 18413, 1937; s. 1, ch. 20299, 1941; s. 1, ch. 21875, 1943; s. 4, ch. 22814, 1945; s. 1, ch. 23920, 1947; s. 10, ch. 26484, 1951; s. 11, ch. 28241, 1953; s. 24, ch. 57-1; s. 1, ch. 57-785; s. 1, ch. 57-156; s. 1, ch. 63-274; s. 19, ch. 63-400; s. 2, ch. 67-554; ss. 17, 35, ch. 69-106; s. 163, ch. 71-377; ss. 1, 2, ch. 72-143; s. 2, ch. 72-241; s. 1, ch. 73-283; s. 19, ch. 74-197; s. 21, ch. 75-209; s. 3, ch. 75-237; s. 23, ch. 78-300; s. 4, ch. 78-323; s. 18, ch. 79-7; ss. 33, 124, ch. 79-40; ss. 17, 21, ch. 79-312; s. 15, ch. 80-236; ss. 1, 2, 3, ch. 81-76; s. 10, ch. 81-119; ss. 1, 4, ch. 82-46; ss. 22, 42, 43, ch. 89-289; ss. 37, 56, ch. 90-201; ss. 35, 52, ch. 91-1; s. 33, ch. 91-46; s. 24, ch. 2001-91; s. 45, ch. 2002-194; s. 488, ch. 2003-261; s. 5, ch. 2012-135; s. 1, ch. 2022-152.
Cited 34 times | Published | Supreme Court of Florida
...Griffin, supra [229 So.2d 225 (Fla.)] respecting requirements imposed upon the Judge of Industrial Claims in making his findings of fact." (pp. 283-284) In addition to the statutory provisions of F.S. § 20.17(7) noted by Mr. Justice Roberts in the above quote, we would further point out that F.S. § 440.44(4) provides: "No person shall be appointed judge of industrial claims who is not an attorney-at-law admitted to practice in this state." and that the recently concluded session of the Legislature increased the salary of the members of the Industrial Relations Commission so that it is now equivalent to that paid to judges of the district courts of appeal, by amending F.S. § 440.441....
Cited 21 times | Published | Florida 1st District Court of Appeal
...The omission of such a provision creates a presumption that our Legislature did not intend to establish the Florida fund as a separate entity or to authorize the appointment of an independent representative with the duty to conserve its assets and the right to litigate in its behalf. Petitioner, however, points to F.S. § 440.44(4) (b), F.S.A., as affording the contended authority....
Cited 9 times | Published | Supreme Court of Florida | 1989 WL 55860
...ection. Thus, the Social Security Administration is authorized to obtain the necessary information in order to take the setoff administratively. [5] Id. [6] Our statutes recognize the persuasiveness of federal laws in the workers' compensation area. Section 440.44(1), Florida Statutes (1985), states: (1) INTERPRETATION OF LAW....
Cited 8 times | Published | Florida 1st District Court of Appeal
...." I therefore conclude that a proceeding brought by an employee wrongfully discharged is not one that is barred under Chapter 120 by the proscriptive language of either Section 440.021 or 120.52(1)(c). This conclusion is buttressed by the provisions of Section 440.44(9), authorizing the Division of Workers' Compensation to conduct administrative hearings and issue orders under the APA which do not infringe upon the jurisdiction of deputy commissioners. Additionally, a reading of Section 440.44(2) [2] reinforces my belief that a wrongful discharge under Section 440.205 should only be resolved administratively. The expression of intent in Section 440.44(2) is a reflection of the long-standing statutory maxim that administrative bodies are given the integrity to interpret and apply statutes within their own expertise which are entrusted to them by the legislature....
...Arrow Industries, 364 So.2d 89 (Fla. 3d DCA 1978). [1] Professor Alpert has also taken the position that "[Section 440.205] should provide the impetus to Florida's recognition of a cause of action." L. Alpert, Florida Workmen's Compensation Law, § 33-9 (1981 Supp.). [2] Section 440.44(2) provides: INTENT....
Cited 4 times | Published | Supreme Court of Florida
...on the law and facts involved, the Circuit Court had jurisdiction of the cause and, in that respect, the law of the case was established. It is our view the Circuit Court, as to the subject matter of the suit, did no more than apply Florida Statutes § 440.44 (2), F.S.A....
...ERVIN, Chief Justice (dissenting): It is noted the District Court in its opinion reported in Johnston v. State ex rel. Carter, 213 So.2d at 435 holds: (1) Prohibition to determine the validity of the composition of the members of the Florida Industrial Commission pursuant to F.S. Section 440.44(2), F.S.A., does not lie in the Circuit Court because it has no supervisory or appellate jurisdiction to review orders of the Industrial Commission. (2) The Circuit Court did not construe a controlling provision of the Florida Constitution in determining it had jurisdiction to issue its writ of prohibition to the Industrial Commission, but merely applied such provision and Section 440.44(2) in determining the matter....
...supervisory jurisdiction over the Circuit Court. The foregoing considered, it would appear the power resided in the Circuit Court to issue a writ of prohibition to determine the validity of the membership constituting the Commission pursuant to F.S. Section 440.44(2), F.S.A., under its exclusive original jurisdiction....
...y equivalent of general common law jurisdiction, was the proper forum to adjudicate the underlying controversy which operates to invoke applicability of the writ i.e., whether the Industrial Commission was duly constituted in conformity with F.S. Section 440.44 (2), F.S.A....
Cited 2 times | Published | District Court of Appeal of Florida
...The omission of such a provision creates a presumption that our Legislature did not intend to establish the Florida fund as a separate entity or to authorize the appointment of an independent representative with the duty to conserve its assets and the right to litigate in its behalf. Petitioner, however, points to F.S. § 440.44(4) (b), F.S.A., as affording the contended authority....
...ule, or formal action shall be considered binding except as taken or made at such meeting. The board or commission must provide reasonable notice of all such meetings. 2 Section 440.11 (1), Fla. Stat. (1995). 3 Section 440.015 , Fla. Stat. (1995). 4 Section 440.44 , Fla....
ROBERTS, Justice. In an original Prohibition proceeding filed here by the relator Josey, we are called upon to decide whether the provisions of § 440.44(4) (b), Fla.Stat., F.S.A., quoted hereafter, operate as an absolute bar to the appointment, as a deputy commissioner pro hac vice, of an attorney who is engaged in *778 the practice of workmen’s compensation law before the Florida Industr...
...Accordingly, the Commission with the approval of the Governor appointed Cohen as deputy commissioner pro hac vice to enter an amended order in Josey’s claim pursuant to the direction of the appellate court. This Suggestion for the Writ of Prohibition followed. Section 440.44(4) (b), supra, authorizes the Florida Industrial Commission to appoint, among others, deputy commissioners and to fix their compensation and prescribe their duties....
...The judgment granting the peremptory writ now under review was entered pursuant to a petition alleging that the appellant, Florida Industrial Commission, is without authority to act for the reason that it is not constituted in accordance with the manner provided by Section 440.44(2), Florida Statutes, F.S.A....
This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 440 in the context of workers' compensation claims and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.
