(1) Each insurance carrier who desires to write workers’ compensation insurance in compliance with this chapter shall be required, before writing such insurance, to register with the department.
(2) A carrier or self-insurance fund that receives notice pursuant to s. 440.05 shall notify the contractor of the cancellation or expiration of the insurance.
(3) If the department finds, after due notice and a hearing at which the insurance carrier is entitled to be heard in person or by counsel and present evidence, that the insurance carrier has repeatedly failed to comply with its obligations under this chapter, the department may request the office to suspend or revoke the authorization of such insurance carrier to write workers’ compensation insurance under this chapter. Such suspension or revocation shall not affect the liability of any such insurance carrier under policies in force prior to the suspension or revocation.
(4) In addition to the penalties prescribed in subsection (3), violation of s. 440.381 by an insurance carrier shall result in the imposition of a fine not to exceed $1,000 per audit, if the insurance carrier fails to act on said audits by correcting errors in employee classification or accepted applications for coverage where it knew employee classifications were incorrect. Such fines shall be levied by the office and deposited into the Insurance Regulatory Trust Fund.
History.—s. 52, ch. 17481, 1935; CGL 1936 Supp. 5966(50); ss. 17, 35, ch. 69-106; s. 1, ch. 70-30; s. 1, ch. 70-439; s. 23, ch. 78-300; ss. 40, 124, ch. 79-40; s. 21, ch. 79-312; s. 43, ch. 89-289; ss. 41, 56, ch. 90-201; ss. 39, 52, ch. 91-1; s. 5, ch. 91-2; s. 51, ch. 2002-194; s. 493, ch. 2003-261; s. 9, ch. 2016-56.
Structure Florida Statutes
Chapter 440 - Workers' Compensation
440.021 - Exemption of Workers’ Compensation From Chapter 120.
440.05 - Election of Exemption; Revocation of Election; Notice; Certification.
440.055 - Notice Requirements.
440.06 - Failure to Secure Compensation; Effect.
440.075 - When Corporate Officer Rejects Chapter; Effect.
440.077 - When a Corporate Officer Rejects Chapter, Effect.
440.093 - Mental and Nervous Injuries.
440.094 - Extraterritorial Reciprocity.
440.10 - Liability for Compensation.
440.101 - Legislative Intent; Drug-Free Workplaces.
440.102 - Drug-Free Workplace Program Requirements.
440.1025 - Employer Workplace Safety Program in Ratesetting; Program Requirements; Rulemaking.
440.103 - Building Permits; Identification of Minimum Premium Policy.
440.104 - Competitive Bidder; Civil Actions.
440.105 - Prohibited Activities; Reports; Penalties; Limitations.
440.1051 - Fraud Reports; Civil Immunity; Criminal Penalties.
440.106 - Civil Remedies; Administrative Penalties.
440.107 - Department Powers to Enforce Employer Compliance With Coverage Requirements.
440.11 - Exclusiveness of Liability.
440.12 - Time for Commencement and Limits on Weekly Rate of Compensation.
440.13 - Medical Services and Supplies; Penalty for Violations; Limitations.
440.134 - Workers’ Compensation Managed Care Arrangement.
440.14 - Determination of Pay.
440.15 - Compensation for Disability.
440.151 - Occupational Diseases.
440.16 - Compensation for Death.
440.17 - Guardian for Minor or Incompetent.
440.185 - Notice of Injury or Death; Reports; Penalties for Violations.
440.19 - Time Bars to Filing Petitions for Benefits.
440.191 - Employee Assistance and Ombudsman Office.
440.192 - Procedure for Resolving Benefit Disputes.
440.1926 - Alternate Dispute Resolution; Claim Arbitration.
440.20 - Time for Payment of Compensation and Medical Bills; Penalties for Late Payment.
440.205 - Coercion of Employees.
440.207 - Workers’ Compensation System Guide.
440.211 - Authorization of Collective Bargaining Agreement.
440.22 - Assignment and Exemption From Claims of Creditors.
440.23 - Compensation a Lien Against Assets.
440.24 - Enforcement of Compensation Orders; Penalties.
440.25 - Procedures for Mediation and Hearings.
440.271 - Appeal of Order of Judge of Compensation Claims.
440.2715 - Access to Courts Through State Video Teleconferencing Network.
440.28 - Modification of Orders.
440.29 - Procedure Before the Judge of Compensation Claims.
440.32 - Cost in Proceedings Brought Without Reasonable Ground.
440.33 - Powers of Judges of Compensation Claims.
440.34 - Attorney’s Fees; Costs.
440.345 - Reporting of Attorney’s Fees.
440.35 - Record of Injury or Death.
440.38 - Security for Compensation; Insurance Carriers and Self-Insurers.
440.381 - Application for Coverage; Reporting Payroll; Payroll Audit Procedures; Penalties.
440.385 - Florida Self-Insurers Guaranty Association, Incorporated.
440.3851 - Public Records and Public Meetings Exemptions.
440.386 - Individual Self-Insurers’ Insolvency; Conservation; Liquidation.
440.39 - Compensation for Injuries When Third Persons Are Liable.
440.41 - Substitution of Carrier for Employer.
440.42 - Insurance Policies; Liability.
440.44 - Workers’ Compensation; Staff Organization.
440.442 - Code of Judicial Conduct.
440.45 - Office of the Judges of Compensation Claims.
440.49 - Limitation of Liability for Subsequent Injury Through Special Disability Trust Fund.
440.491 - Reemployment of Injured Workers; Rehabilitation.
440.50 - Workers’ Compensation Administration Trust Fund.
440.51 - Expenses of Administration.
440.515 - Reports From Self-Insurers; Confidentiality.
440.525 - Examination and Investigation of Carriers and Claims-Handling Entities.
440.53 - Effect of Unconstitutionality.
440.54 - Violation of Child Labor Law.
440.55 - Proceedings Against State.
440.572 - Authorization for Individual Self-Insurer to Provide Coverage.
440.585 - Workers’ Compensation Group Self-Insurance Fund Application Disclosure.
440.591 - Administrative Procedure; Rulemaking Authority.