Legal Opinion

Alachua County School Board v. OFFICE OF the STATE, Chief Financial Officer for the Department of Financial Services, Division of Worker's Compensation

District Court of Appeal of Florida

Decided March 27, 2014No. 1D13-1841Published

1Opinion of the CourtOsterhaus, J.

The Alachua County School Board (School Board) challenges a final order of the Department of Financial Services (DFS) imposing a $200 workers’ compensation-related administrative penalty. The School Board argues, among other things, that DFS lacked jurisdiction to impose the penalty without first referring its case to a judge of compensation claims (JCC) pursuant to section 440.021 of the Florida Statutes. We disagree and affirm the final order.

I

The parties stipulated to the facts in the administrative proceeding below. In short, DFS audited the School Board’s workers’ compensation…

2Cases cited5 opinions

  1. Murray v. Mariner HealthSupreme Court of Florida · 2008
  2. Butler v. StateSupreme Court of Florida · 2003
  3. PALM HARBOR SP. FIRE CONTROL D. v. KellySupreme Court of Florida · 1987
  4. City of St. Petersburg v. Pinellas County Power Co.Supreme Court of Florida · 1924
  5. Fuller v. Department of EducationDistrict Court of Appeal of Florida · 2006

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