69L-6.019. Policies and Endorsements Covering Employees Engaged in Work in Florida

(1) Every employer who is required to provide workers’ compensation coverage for employees engaged in work in this state shall obtain a Florida policy or endorsement for such employees that utilizes Florida class codes, rates, rules and manuals that are in compliance with and approved under the provisions of Chapter 440, F.S., and the Florida Insurance Code, pursuant to Sections 440.10(1)(g) and 440.38(7), F.S.

(2) In order to comply with Sections 440.10(1)(g) and 440.38(7), F.S., any policy or endorsement presented by an employer as proof of workers’ compensation coverage for employees engaged in work in this state must be issued by an insurer that holds a valid Certificate of Authority in the State of Florida.

(3) In order to comply with Sections 440.10(1)(g) and 440.38(7), F.S., for any workers’ compensation policy or endorsement presented by an employer as proof of workers’ compensation coverage for employees engaged in work in this state:

(a) The policy information page (NCCI form number WC 00 00 01 A) must list “Florida” in Item 3.A., and use Florida approved classification codes, rates, and estimated payroll in Item 4.

(b) The policy information page endorsement (NCCI form number WC 89 06 00 B) must list “Florida” in Item 3.A., and use Florida approved classification codes, rates, and estimated payroll in Item 4.

(4) A workers’ compensation policy that lists “Florida” in Item 3.C. of the policy information page (NCCI form number WC 00 00 01 A) does not meet the requirements of Sections 440.10(1)(g) and 440.38(7), F.S., and is not valid proof of workers’ compensation coverage for employees engaged in work in this state.

(a) If the workers’ compensation policy lists “Florida” in Item 3.C. of the policy information page, the employer’s insurance carrier shall have up to two business days from the commencement of an investigation, pursuant to Section 440.107(3), F.S., to endorse the policy to list “Florida” in Item 3.A., and use Florida approved classification codes, rates, and estimated payroll in Item 4.

(b) If the policy information page does not list “Florida” in Item 3.A., and use Florida approved classification codes, rates, and estimated payroll in Item 4., a Stop-Work Order shall be issued to an employer only after the expiration of two business days from the commencement of an investigation on such employer.

(5) Workers’ Compensation and Employers Liability Insurance Policy – Information Page, NCCI form numbers WC 00 00 01 A (rev. May 1, 1988) and Workers’ Compensation and Employers Liability Insurance Policy – Policy Information Page Endorsement, WC 89 06 00 B (rev. July 7, 2001) are hereby adopted and incorporated herein by reference. These forms can be obtained from the Florida Department of Financial Services, Division of Workers’ Compensation, 200 East Gaines Street, Tallahassee, FL 32399-4228.

(6) An employee of a construction industry employer headquartered outside the state of Florida is “engaged in work” in Florida if he or she participates in any one of the following activities in the state of Florida:

(a) The employee engages in new construction, alterations, or any job or any construction activities involving any form of the building, clearing, filling, excavation or improvement in the size or use of any structure or the appearance of any land as defined in Section 440.02(8), F.S., or performs any job duties or activities which would be subject to those contracting classifications identified in the Contracting Classification Premium Adjustment Program contained in the Florida State Special pages of the Basic Manual (as incorporated in Rule 69L-6.021, F.A.C.) within the borders of the state of Florida, regardless of whether an employee returns to his or her home state each night, or

(b) If the employer maintains a permanent staff of employees or superintendents and the staff employee or superintendent is assigned to construction activities in Florida for the duration of the job or any portion thereof, or

(c) If the employer hires employees in Florida for the specific purpose of completing all or any portion of construction contract work and related construction activities in the state of Florida.

Rulemaking Authority 440.107(9), 440.591 FS. Law Implemented 440.10(1)(g), 440.38(7) FS. History–New 6-17-04, Amended 11-21-04, 10-10-12.