The 2023 Florida Statutes (including Special Session C)
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. . . officer is not an employee for any reason until the notice of revocation of election filed pursuant to s. 440.05 . . . Section 440.05(14), Florida States (2008), which governs the procedures for election of the corporate . . .
. . . and elects to be included in the definition of employee by filing notice thereof as provided in s. 440.05 . . .
. . . Code R. 69L-6.015 (enacted pursuant to §§ 440.05(10), 440.107(5), and 440.591). . . .
. . . Division of Workers’ Compensation of the Department of Labor and Employment Security] as provided in s. 440.05 . . . Section 440.05 sets out the requirements for the election notice. . . . But merely completing the form does not satisfy the requirements for an exemption under section 440.05 . . . Workers’ Compensation and that the notice is not effective “until 30 days after the date it is mailed.” § 440.05 . . . unless he or she makes the affirmative election to come within that category as set forth in section 440.05 . . .
. . . Compensation Claims (JCC) finding that the claimant’s notice of election to be exempt pursuant to section 440.05 . . . Section 440.05(3), provides that certain construction industry workers can exempt themselves from the . . . The claimant, therefore, took an oath as section 440.05(3) requires, and the JCC erred in ruling that . . .
. . . From the Debtor’s gross wages, deductions are taken for payroll taxes ($440.05 per month), child support . . .
. . . construction industry who had filed a notice with the Division of Workers’ Compensation pursuant to section 440.05 . . . law that Davis had mailed to the Division of Workers’ Compensation on December 13,1996. ' ' x Section 440.05 . . .
. . . the definition of employee by filing written notice of election with the division as provided in s. 440.05 . . .
. . . definition of employee by filing written notice of the election with the division as provided in s. 440.05 . . . Smith filed his notice of election to be exempt, section 440.05, Florida Statutes (1993), provided, in . . . notice is effective as of 12:01 a.m. of the day following the date it is mailed to the division.” § 440.05 . . . of a corporation who elects exemption from this chapter by filing a certificate of election under § 440.05 . . . of a corporation who elects exemption from this chapter by filing a certificate of election under § 440.05 . . .
. . . In Allen, the Court addressed the section 440.05 notice requirement contained in the 1967 version of . . . employer obtained coverage but failed to post notice of the waiver of exemption in accordance with section 440.05 . . . waiver of exemption from chapter 440 is not dependant upon the posting of notice as provided in section 440.05 . . . Allen, 281 So.2d at 322 (quoting § 440.05, Fla. Stat. (1967)). . . . . He did not, however, post the notice required by § 440.05, Florida Statutes (1967): Every employer who . . .
. . . .”); § 440.05(4), Fla.Stat. (1993) (notice effective as of “12:01 a.m.”); § 562.14, Fla.Stat. (1993) . . .
. . . He did not, however, post the notice required by § 440.05, Florida Statutes (1967): Every employer who . . .
. . . by giving notice of such election to the Division of Workers’ Compensation, as provided in section 440.05 . . . employment, or a mailed notice of such election to the Division of Workers’ Compensation pursuant to section 440.05 . . .
. . . with the Division of Labor of the Department of Labor and Employment Security, pursuant to Section 440.05 . . . Because Section 440.05 contained no “time limit or period of expiration for ... a Notice of Election, . . . workers’ compensation policy [with Liberty Mutual] as an employee pursuant to the provisions of Section 440.05 . . . Section 440.05(2), Florida Statutes (1981), reads: Every sole proprietor or partner who elects to be . . .
. . . SECTION 440.11, FLORIDA STATUTES (1983), EXTEND TO A CORPORATE OFFICER WHO ELECTS, PURSUANT TO SECTION 440.05 . . . under this chapter by filing written certification of the election with the division as provided in s. 440.05 . . . Section 440.05 explains the method by which corporate officers and other business owners may exempt themselves . . .
. . . provided in s. 440.38 or, if applicable, provide a written certificate of election issued under s. 440.05 . . .
. . . exclusion or exemption and accept the provisions of this chapter by giving notice thereof as provided in s. 440.05 . . . of the provisions of this chapter with respect to such person, notwithstanding the provision of s. 440.05 . . .
. . . Appellee had not waived his exemption as an employer pursuant to section 440.05. . . .
. . . under this chapter by filing written certification of the election with the division as provided in s. 440.05 . . . partner is not an employee for any reason until the notice of revocation of election filed pursuant to s. 440.05 . . . provisions of this chapter by filing written notice of the election with the division as provided in s. 440.05 . . . provisions of this chapter by filing a written notice of the election with the division as provided in s. 440.05 . . .
. . . officer in Streeter did not elect to exercise the exemption from coverage as provided for in section 440.05 . . . Here, appellee rejected coverage under the Worker’s Compensation Act pursuant to section 440.05. . . . SECTION 440.11, FLORIDA STATUTES (1983) EXTEND TO A CORPORATE OFFICER WHO ELECTS, PURSUANT TO SECTION 440.05 . . .
. . . specifically elects to be included in the definition of employee by filing notice as provided in section 440.05 . . .
. . . and elects to be included in the definition of employee by filing notice thereof as provided in s. 440.05 . . . under this chapter by filing written certification of the election with the division as provided in s. 440.05 . . .
. . . See § 440.05, Fla.Stat. (1987). . Kan.Stat.Ann. §§ 60-603(3], 60-604(2] (Supp. 1973). . . .
. . . claimant received the earnings as a sole proprietor who did not make an election pursuant to section 440.05 . . .
. . . He had not elected coverage under the act pursuant to section 440.05. . . .
. . . elects to be included in the definition of employee by filing notice thereof as provided in section 440.05 . . . Section 440.05(2), Florida Statutes (1979), provides that “every sole proprietor ... who elects to be . . . the definition of “employee” by filing notice to that effect with the division in Tallahassee per § 440.05 . . .
. . . Income 1040 07/29/85 3,018.48 1,555.90 3,062.40 10/24/85 Dane Co. 12/31/82 Income 1040 07/15/85 0.00 440.05 . . .
. . . Section 440.05, Florida Statutes, provides that: r (1) Every corporate officer who elects not to accept . . . The carrier suggests that § 440.05(1) establishes the exclusive method by which a corporate officer may . . . of the provisions of this chapter with respect to such person, notwithstanding the provision of s. 440.05 . . . such exemption and thereby accept the provisions of this chapter by giving notice as provided in s. 440.05 . . . refers to a notice provision, unrelated to the corporate officer election, which was included in § 440.05 . . .
. . . the Workers’ Compensation Law by filing a written certification as provided in §§ 440.02(2)(b) and 440.05 . . .
. . . See, Sections 440.02(2)(c), 440.05, Florida Statutes (1981). . . .
. . . acceptance of the provisions of this chapter with respect to such person, notwithstanding the provision of § 440.05 . . .
. . . Appellants argue that Newman failed to show that as a partner, he had elected coverage pursuant to Section 440.05 . . .
. . . elects to be included in the definition of employee by filing a notice thereof as provided in Section 440.05 . . . Section 440.05(2), Fla.Stat. (1977). . . .
. . . a workmen’s compensation policy, notice must be filed with the Division of Worker’s Compensation, § 440.05 . . .
. . . .-02(2)(b) and 440.05(1), Florida Statutes (1975). . . . Section 440.05(1), Florida Statutes (1975) provides that: Every corporate officer who elects not to accept . . . such exemption and thereby accept the provisions of this chapter by giving notice as provided in § 440.05 . . . from coverage, it was necessary that Arbuckle file another notice of exemption pursuant to Section 440.05 . . . provides that an exemption from coverage may be revoked by giving notice in accordance with Section 440.05 . . .
. . . such exemption and thereby accept the provisions of this chapter by giving notice as provided in § 440.05 . . . Fla.Stat. § 440.05, F.S.A., deals with notice of waiver of exemption. . . . For that reason, Fla.Stat. §§ 440.04 and 440.05 F.S.A., then in force included provisions relative to . . . nonacceptance of the Act (440.04[1]) and notice of nonacceptance (440.05 [2]). . . . Fla.Stat. § 440.05, F.S.A., was amended in 1970 (see footnote 1) to eliminate the right of the employee . . .
. . . .-02(2) (a), defining a minor child as an “employee”; §§ 440.03 [1969], 440.05 [1969] and 440.07 [1969 . . . accept or reject coverage at the time of employment, under authority of Fla.Stat. §§ 440.03 (1969), 440.05 . . .
. . . exclusion or exemption and accept the provisions of this chapter by giving notice thereof as provided in § 440.05 . . . acceptance of the provisions of this chapter with respect to such person, notwithstanding the provision of § 440.05 . . . bound thereby, unless he shall have given prior to the injury, notice to the contrary as provided in § 440.05 . . .
. . . acceptance of the provisions of this chapter with respect to such person, notwithstanding the provision of § 440.05 . . .
. . . Industrial Claims was without jurisdiction because it had filed a Notice of Rejection pursuant to Section 440.05 . . . employer had elected not to accept the provision of Chapter 440, Florida Statutes, pursuant to Section 440.05 . . .
. . . See: § 440.05, Fla.Stat., F.S.A. . . .
. . . Section 440.05(2), (3), F.S.A., provides that he may exercise this election by delivering written notice . . . this testimony was properly admitted, and that the alleged waiver was in the form required by Section 440.05 . . .
. . . Under Section 440.05, Florida Statutes, an employee may waive all of the benefits of the Workmen’s Compensation . . .
. . . . § 440.05, F.S.A. . F.S. § 440.07, F.S.A. . Chamberlain v. . . .
. . . ordinance making appropriations for the city budget for the calendar year 1959 in the sum of $36,887,-440.05 . . .
. . . Hardy, 139 Fla. 142, 190 So. 478 for the proposition that where, under the terms of sections 440.05 and . . .
. . . exclusion or exemption and accept the provisions of this chapter by giving notice thereof as provided in §440.05 . . . And in section 440.05,: Notice of non-acceptance and waiver of exemption. — Notice of nonacceptance of . . .
. . . This is so inasmuch as either may elect not to come under the Act, Sec. 440.05, F.S. ’41, F.S.A. . . .