The 2023 Florida Statutes (including Special Session C)

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

View Entire Chapter

F.S. 440.40

440.40 Compensation notice.—Every employer who has secured compensation under the provisions of this chapter shall keep posted in a conspicuous place or places in and about her or his place or places of business typewritten or printed notices, in accordance with a form prescribed by the department, the following:

(1) A notice stating that such employer has secured the payment of compensation in accordance with the provisions of this chapter. Such notices shall contain the name and address of the carrier, if any, with whom the employer has secured payment of compensation and the date of the expiration of the policy. The department may by rule prescribe the form of the notices and require carriers to provide the notices to policyholders.

(2) A notice stating: “Anti-Fraud Reward Program.—Rewards of up to $25,000 may be paid to persons providing information to the Department of Financial Services leading to the arrest and conviction of persons committing insurance fraud, including employers who illegally fail to obtain workers’ compensation coverage. Persons may report suspected fraud to the department at (Phone No.) . A person is not subject to civil liability for furnishing such information, if such person acts without malice, fraud, or bad faith.”

History.—s. 40, ch. 17481, 1935; CGL 1936 Supp. 5966(39); ss. 17, 35, ch. 69-106; s. 23, ch. 78-300; s. 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. 125, ch. 97-103; s. 7, ch. 98-125; s. 42, ch. 2002-194; s. 15, ch. 2002-236; s. 487, ch. 2003-261.

F.S. 440.40 on Google Scholar

F.S. 440.40 on Casetext

Amendments to 440.40

Arrestable Offenses / Crimes under Fla. Stat. 440.40

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 440.40.

Annotations, Discussions, Cases:

Cases from cite.case.law:

KOSS v. F. NORWOOD T., 305 F. Supp. 3d 897 (N.D. Ill. 2018)

. . . . § 440.40(a) (West 2018) (defining "nursing facility services"). . . .

SCHUTT, v. MELMARK, INC., 186 F. Supp. 3d 366 (E.D. Pa. 2016)

. . . include a distinct part of an institution (as defined in paragraph (b) of this section and specified in § 440.40 . . .

BETANCES, A, a k a v. FISCHER, DOCS J. DOCS, J. Jr. DOCS, S. DOCS, DOCS W. DOP DOP, DOP, J. DOP, G. II, DOP, B. DOP, DOP, 140 F. Supp. 3d 294 (S.D.N.Y. 2015)

. . . and the defendant resentenced by a judge,” consistent with New York Criminal Procedure Law Section 440.40 . . .

HASSELL, v. FISCHER, J., 96 F. Supp. 3d 370 (S.D.N.Y. 2015)

. . . a re-sentence of a defendant by the sentencing court pursuant to New York Criminal Procedure Law § 440.40 . . . Law § 440.40(1) (“At any time not more than one year after the entry of a judgment, the court in which . . .

THORPE, v. DISTRICT OF COLUMBIA,, 303 F.R.D. 120 (D.D.C. 2014)

. . . . § 4200 (citing 42 CFR § 440.40; 42 CFR § 440.155). . . .

OCEAN REEF CLUB, INC. a v. WILCZEWSKI, 99 So. 3d 1 (Fla. Dist. Ct. App. 2012)

. . . proof of financial strength) and, of course, making it known to the employee that it has done so, § 440.40 . . .

RIVERS, v. FISCHER, H. E., 390 F. App'x 22 (2d Cir. 2010)

. . . Law § 440.40. . . .

ADAMS, v. NEW YORK STATE EDUCATION DEPARTMENT, 630 F. Supp. 2d 333 (S.D.N.Y. 2009)

. . . Procedure 41(d) directing Plaintiffs to pay to the City Defendants $10,762.50 in attorneys’ fees and $440.40 . . . shall be jointly responsible for paying, within thirty days of the date of this Order, the costs of $440.40 . . . the City Defendants’ Rule 41(d) motion is GRANTED in the amount of $10,762.50 in attorneys’ fees and $440.40 . . . the City Defendants’ Rule 41(d) motion and awards City Defendants $10,762.50 in attorneys’ fees and $440.40 . . . conference, it also disallows the cost of that transcript, resulting in recoverable transcript costs of $440.40 . . .

HILL, v. A. MANCE,, 598 F. Supp. 2d 371 (W.D.N.Y. 2009)

. . . Law § 440.40. . . .

LARWETH, v. CONWAY,, 493 F. Supp. 2d 662 (W.D.N.Y. 2007)

. . . Law § 440.40(1) (providing, in relevant part, that "[a]t any time not more than one year after the entry . . . Law § 440.40(1), but observed that "[a]ny such questions will be for the New York courts to decide in . . .

VELEZ, v. B. DUNCAN,, 489 F. Supp. 2d 317 (S.D.N.Y. 2007)

. . . Law § 440.40; see People v. . . . Law § 440.40, if an inmate has received an illegal sentence, the State may move to have the offending . . . Law § 440.40(4). . . . Law § 440.40(5). . . . . Law § 440.40. . . .

EARLEY, v. MURRAY,, 451 F.3d 71 (2d Cir. 2006)

. . . Law § 440.40. . . . Id. § 440.40(1). . . . Id. § 440.40(4). . . . Id. § 440.40(5). . . . Law § 440.40. . . .

OKLAHOMA CHAPTER OF THE AMERICAN ACADEMY OF PEDIATRICS OKAAP v. FOGARTY, OHCA, 366 F. Supp. 2d 1050 (N.D. Okla. 2005)

. . . . § 440.40(b), 441-50 et seq., the terms of its waiver, and policy directions such as CMS’s State Medicaid . . .

ROSA, v. HERBERT,, 277 F. Supp. 2d 342 (S.D.N.Y. 2003)

. . . Law § 440.40(4)(d) (McKinney 1994). . . .

WILLIAMS, v. TRAVIS, C., 143 F.3d 98 (2d Cir. 1998)

. . . . § 440.40(1) (government may move' to set aside invalid sentence within one year after entry of judgment . . .

UNITED STATES v. FLYNN, 844 F. Supp. 856 (D.N.H. 1994)

. . . Flynn, Jr., at the Bethel Savings Bank, made payable to Rocky Mountain Rentals in the amount of $440.40 . . .

MARKS v. UNITED STATES, 15 Cl. Ct. 609 (Cl. Ct. 1988)

. . . new rials/dollar exchange rate and to add new items, which increased the claimed amount to $25,851,-440.40 . . .

SAILOR, v. SCULLY,, 666 F. Supp. 50 (S.D.N.Y. 1987)

. . . respondents could substantively utilize the two existing statutory mechanisms, see N.Y.Criminal Procedure § 440.40 . . . of first felony offender, it is likely that the strict time requirements of N.Y.Criminal Procedure § 440.40 . . .

W. BETTS, v. CITY OF EDGEWATER, a D. J. S. W., 646 F. Supp. 1427 (M.D. Fla. 1986)

. . . furniture for the police department totaling $867.65; purchase of decals for police cars in the amount of $440.40 . . .

STATE WISCONSIN, DEPARTMENT HEALTH SOCIAL SERVICES, v. R. BOWEN,, 797 F.2d 391 (7th Cir. 1986)

. . . . § 440.40; an ICF provides a lower level of services for patients who nonetheless require institutional . . .

HILLBURN, HILLBURN, v. MAHER,, 795 F.2d 252 (2d Cir. 1986)

. . . . § 440.40(a) (1985), and (2) payments to suppliers for other Medicaid benefits. . . . U.S.C. § 1396a(a)(9), 42 U.S.C. § 1396a (a)(33), 42 U.S.C. § 1396a(i), 42 U.S.C. § 1396i, 42 C.F.R. § 440.40 . . .

MISSISSIPPI MEDICAID COMMISSION, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES M. K., 633 F. Supp. 78 (S.D. Miss. 1985)

. . . provides in pertinent part: The SNF must meet— (a) The definition of a “skilled nursing facility” in § 440.40 . . .

LEDET, v. FISCHER, 548 F. Supp. 775 (M.D. La. 1982)

. . . .-30); (d) skilled nursing facility services, EPSDT and family planning (440.40); (e) physician services . . .

CARBON HILL HEALTH CARE, INC. a v. B. BEASLEY,, 528 F. Supp. 421 (M.D. Ala. 1981)

. . . items of expense providers must incur— (a) to meet the definition of SNF services or ICF services in § 440.40 . . .

SPECIAL DISABILITY TRUST FUND v. CITY OF HIALEAH, 388 So. 2d 1372 (Fla. Dist. Ct. App. 1980)

. . . Special Disability Trust Fund, 288 So.2d 204 (Fla.1974), and § 440.40(4)(f)l, to receive reimbursement . . .

In McLARTY INDUSTRIES, INC. RENFRO CORPORATION, v. McLARTY INDUSTRIES, INC., 2 B.R. 68 (Bankr. N.D. Ga. 1979)

. . . . §§ 1-^40.39 and 1-440.40. . . .

R. BRAZIL, v. UNITED STATES, 484 F. Supp. 986 (N.D. Ala. 1979)

. . . His salary with the City at the time of the accident was $440.40 each two weeks. . . .

W. ALLEN, v. ESTATE CARMAN, 281 So. 2d 317 (Fla. 1973)

. . . . § 440.40, F.S.A., was not a prerequisite to the statutory presumed acceptance of the provisions of . . .

BRIGGS v. UNITED STATES, 90 F. Supp. 135 (Ct. Cl. 1950)

. . . plaintiff’s lawful wife during the period in question, plaintiff is not entitled to recover the $1,-440.40 . . . faith, supposed himself to be legally married to Myrtle, and is therefore entitled to recover the $1,-440.40 . . .