Exams / Florida General Lines (Property and Casualty) Insurance License / Fla. Stat. §440.107

Fla. Stat. §440.107 — what it says, and how the exam tests it

This section is cited by 4 of our practice questions and is tested on the Florida General Lines (Property and Casualty) Insurance License.

The text

440.107 Department powers to enforce employer compliance with coverage requirements. — (1) The Legislature finds that the failure of an employer to comply with the workers’ compensation coverage requirements under this chapter poses an immediate danger to public health, safety, and welfare. (2) For the purposes of this section, “securing the payment of workers’ compensation” means obtaining coverage that meets the requirements of this chapter and the Florida Insurance Code. However, if at any time an employer materially understates or conceals payroll, materially misrepresents or conceals employee duties so as to avoid proper classification for premium calculations, or materially misrepresents or conceals information pertinent to the computation and application of an experience rating modification factor, such employer shall be deemed to have failed to secure payment of workers’ compensation and shall be subject to the sanctions set forth in this section. A stop-work order issued because an employer is deemed to have failed to secure the payment of workers’ compensation required under this chapter because the employer has materially understated or concealed payroll, materially misrepresented or concealed employee duties so as to avoid proper classification for premium calculations, or materially misrepresented or concealed information pertinent to the computation and application of an experience rating modification factor shall have no effect upon an employer’s or carrier’s duty to provide benefits under this chapter or upon any of the employer’s or carrier’s rights and defenses under this chapter, including exclusive remedy. (3) The department shall enforce workers’ compensation coverage requirements, including the requirement that the employer secure the payment of workers’ compensation, and the requirement that the employer provide the carrier with information to accurately determine payroll and correctly assign classification codes. In addition to any other powers under this chapter, the department shall have the power to: (a) Conduct investigations for the purpose of ensuring employer compliance. (b) Enter and inspect any place of business at any reasonable time for the purpose of investigating employer compliance. (c) Examine and copy business records. (d) Administer oaths and affirmations. (e) Certify to official acts. (f) Issue and serve subpoenas…

Public record. Read the full, current section at the official source: www.leg.state.fl.us

How it comes up on the exam

Practice questions written from this section — answers and explanations are in the drill.

  1. Under Fla. Stat. §440.107, an employer that materially understates or conceals payroll is deemed to have failed to do what?
    drill Florida Statutes, Rules and Regulations Pertinent to General Lines Insurance →
  2. Under Fla. Stat. §440.107, which of the following actions may the department take to enforce employer compliance with workers' compensation coverage requirements?
    drill Florida Statutes, Rules and Regulations Pertinent to General Lines Insurance →
  3. Under Fla. Stat. §440.107, an employer is deemed to have failed to secure payment of workers' compensation if the employer does which of the following?
    drill Florida Statutes, Rules and Regulations Pertinent to General Lines Insurance →

Exams that test this section