Fla. Stat. 440.091
Law enforcement officer, firefighter, emergency medical technician, or paramedic; when acting within the course of employment


(1)

If an employee:Is elected, appointed, or employed full time by a municipality, the state, or any political subdivision and is vested with authority to bear arms and make arrests and the employee’s primary responsibility is the prevention or detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state;Was discharging that primary responsibility within the state in a place and under circumstances reasonably consistent with that primary responsibility; andWas not engaged in services for which he or she was paid by a private employer, and the employee and his or her public employer had no agreement providing for workers’ compensation coverage for that private employment;

the employee is considered to have been acting within the course of employment. The term “employee” as used in this subsection includes all certified supervisory and command personnel whose duties include, in whole or in part, responsibilities for the supervision, training, guidance, and management of full-time law enforcement officers, part-time law enforcement officers, or auxiliary law enforcement officers but does not include support personnel employed by the employing agency.

(a)

Is elected, appointed, or employed full time by a municipality, the state, or any political subdivision and is vested with authority to bear arms and make arrests and the employee’s primary responsibility is the prevention or detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state;

(b)

Was discharging that primary responsibility within the state in a place and under circumstances reasonably consistent with that primary responsibility; and

(c)

Was not engaged in services for which he or she was paid by a private employer, and the employee and his or her public employer had no agreement providing for workers’ compensation coverage for that private employment;

(2)

If a firefighter as defined by s. 112.191(1)(b) is engaged in extinguishing a fire, or protecting and saving life or property due to a fire in this state in an emergency, and such activities would be considered to be within the course of his or her employment as a firefighter and covered by the employer’s workers’ compensation coverage except for the fact that the firefighter was off duty or that the location of the fire was outside the employer’s jurisdiction or area of responsibility, such activities are considered to be within the course of employment. This subsection does not apply if the firefighter is performing activities for which he or she is paid by another employer or contractor.

(3)

If an emergency medical technician or paramedic is appointed or employed full time by a municipality, the state, or any political subdivision, is certified under chapter 401, is providing basic life support or advanced life support services, as defined in s. 401.23, in an emergency situation in this state, and such activities would be considered to be within the course of his or her employment as an emergency medical technician or paramedic and covered by the employer’s workers’ compensation coverage except for the fact that the location of the emergency was outside of the employer’s jurisdiction or area of responsibility, such activities are considered to be within the course of employment. The provisions of this subsection do not apply if the emergency medical technician or paramedic is performing activities for which he or she is paid by another employer or contractor.

Source: Section 440.091 — Law enforcement officer, firefighter, emergency medical technician, or paramedic; when acting within the course of employment, https://www.­flsenate.­gov/Laws/Statutes/2024/0440.­091 (accessed Aug. 7, 2025).

440.01
Short title
440.02
Definitions
440.03
Application
440.04
Waiver of exemption
440.05
Election of exemption
440.06
Failure to secure compensation
440.09
Coverage
440.10
Liability for compensation
440.11
Exclusiveness of liability
440.12
Time for commencement and limits on weekly rate of compensation
440.13
Medical services and supplies
440.14
Determination of pay
440.15
Compensation for disability
440.015
Legislative intent
440.16
Compensation for death
440.17
Guardian for minor or incompetent
440.19
Time bars to filing petitions for benefits
440.20
Time for payment of compensation and medical bills
440.21
Invalid agreements
440.021
Exemption of workers’ compensation from chapter 120
440.22
Assignment and exemption from claims of creditors
440.23
Compensation a lien against assets
440.24
Enforcement of compensation orders
440.25
Procedures for mediation and hearings
440.28
Modification of orders
440.29
Procedure before the judge of compensation claims
440.30
Depositions
440.31
Witness fees
440.32
Cost in proceedings brought without reasonable ground
440.33
Powers of judges of compensation claims
440.34
Attorney’s fees
440.35
Record of injury or death
440.38
Security for compensation
440.39
Compensation for injuries when third persons are liable
440.40
Compensation notice
440.41
Substitution of carrier for employer
440.42
Insurance policies
440.44
Workers’ compensation
440.45
Office of the Judges of Compensation Claims
440.47
Travel expenses
440.49
Limitation of liability for subsequent injury through Special Disability Trust Fund
440.50
Workers’ Compensation Administration Trust Fund
440.51
Expenses of administration
440.52
Registration of insurance carriers
440.53
Effect of unconstitutionality
440.54
Violation of child labor law
440.55
Proceedings against state
440.055
Notice requirements
440.60
Application of laws
440.075
When corporate officer rejects chapter
440.077
When a corporate officer rejects chapter, effect
440.091
Law enforcement officer, firefighter, emergency medical technician, or paramedic
440.092
Special requirements for compensability
440.093
Mental and nervous injuries
440.094
Extraterritorial reciprocity
440.101
Legislative intent
440.102
Drug-free workplace program requirements
440.103
Building permits
440.104
Competitive bidder
440.105
Prohibited activities
440.106
Civil remedies
440.107
Department powers to enforce employer compliance with coverage requirements
440.108
Investigatory records relating to workers’ compensation employer compliance
440.125
Medical records and reports
440.132
Investigatory records relating to workers’ compensation managed care arrangements
440.134
Workers’ compensation managed care arrangement
440.151
Occupational diseases
440.185
Notice of injury or death
440.191
Employee Assistance and Ombudsman Office
440.192
Procedure for resolving benefit disputes
440.205
Coercion of employees
440.207
Workers’ compensation system guide
440.211
Authorization of collective bargaining agreement
440.271
Appeal of order of judge of compensation claims
440.345
Reporting of attorney’s fees
440.381
Application for coverage
440.385
Florida Self-Insurers Guaranty Association, Incorporated
440.386
Individual self-insurers’ insolvency
440.442
Code of Judicial Conduct
440.491
Reemployment of injured workers
440.515
Reports from self-insurers
440.525
Examination and investigation of carriers and claims-handling entities
440.572
Authorization for individual self-insurer to provide coverage
440.585
Workers’ compensation group self-insurance fund application disclosure
440.591
Administrative procedure
440.593
Electronic reporting
440.1025
Employer workplace safety program in ratesetting
440.1051
Fraud reports
440.1851
Personal identifying information of an injured or deceased employee
440.1926
Alternate dispute resolution
440.2715
Access to courts through state video teleconferencing network
440.3851
Public records and public meetings exemptions

Current through Fall 2025

§ 440.091. Law enforcement officer, firefighter, emergency medical technician, or paramedic; when acting within the course of employment's source at flsenate​.gov