Rules 69L-6.015 and 69L-6.027, F.A.C., are updated to incorporate recent legislative changes to subsections 440.05(10) and 440.107(7), F.S., made by Chapter 2016-56, Laws of Florida.

 

DEPARTMENT OF FINANCIAL SERVICES

Division of Worker’s Compensation

RULE NOS.:RULE TITLES:

69L-6.015Record Maintenance and Production Requirements for Employers

69L-6.027Penalty Calculation Worksheet

PURPOSE AND EFFECT: Rules 69L-6.015 and 69L-6.027, F.A.C., are updated to incorporate recent legislative changes to subsections 440.05(10) and 440.107(7), F.S., made by Chapter 2016-56, Laws of Florida.

SUMMARY: Chapter 2016-56, Laws of Florida, amended subsection 440.05(10), F.S., to delete the requirement that any corporation with exempt officers engaged in the construction industry must maintain written statements of those exempted persons acknowledging each such individual’s exempt status. The proposed amendment to Rule 69L-6.015, F.A.C., will also delete this requirement from the rule. Chapter 2016-56, Laws of Florida, also included legislative changes to the penalty requirements in subsection 440.107(7), F.S. The changes include: (i) a 25% penalty reduction for non-compliant employers who have not previously been issued a stop-work order or penalty assessment order and who timely provide requested business records; and (ii) a reduction of the imputed payroll multiplier from twice the statewide average weekly wage to the pre-2014 level of one and one-half times the statewide average weekly wage. The proposed amendment to Rule 69L-6.027, F.A.C., will incorporate these changes on the Penalty Calculation Worksheet.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department conducted an economic analysis of the potential impact of the proposed rule and determined that there will be no adverse economic impact or regulatory increases that would require legislative ratification.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 440.05(10), 440.107(5), 440.107(9), 440.591, FS.

LAW IMPLEMENTED: 440.05(10), 440.107(3), 440.107(5), 440.107(7), FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: Thursday, February 16th, 2017 at 9:30 a.m.

PLACE: 2012 Capital Circle SE, Room 102, Tallahassee, FL

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Pam Macon, telephone: [phone], email: [e-mail].. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Pam Macon, Chief of Compliance, address: 200 E. Gaines Street, Tallahassee, FL 32399-4220, telephone: [phone], email: [e-mail]. A copy of the rule is also available at: http://www.myfloridacfo.com/Division/GeneralCounsel/RuleWorkshopMeetings/default.asp

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

69L-6.015 Record Maintenance and Production Requirements for Employers.

(1) through (8)

(9) Workers’ compensation insurance and certificates of election to be exempt.

(a) through (c) No change.

(d) Every corporation that is actively engaged in the construction industry and has officers who possess valid certificates of election to be exempt issued under Section 440.05, F.S., shall maintain written statements of those exempt officers affirmatively acknowledging each such officer’s exempt status. A written statement may be in the form of a copy of a completed DWC 250 (rev. 9/01) Notice of Election to be Exempt as adopted in paragraph 69L-6.009(1)(a), F.A.C.

(e) Renumbered as (d) No change.

(10) through (12) No change.

Rulemaking Authority 440.05(10), 440.107(5), 440.591 FS. Law Implemented 440.05(10), 440.107(3), (5) FS. History–New 2-2-00, Formerly 38F-6.015, Amended 3-26-03, Formerly 4L-6.015, Amended 1-17-05, 1-17-05, 9-6-15, __________.             

 

69L-6.027 Penalty Calculation Worksheet.

(1) For purposes of calculating penalties to be assessed against employers pursuant to Section 440.107, F.S., the Division shall use Form DFS-F4-1595, http://www.flrules.org/Gateway/reference.asp?No=Ref-05165 Penalty Calculation Worksheet, revised 10/16 7/14, which is hereby incorporated herein by reference.

(2) Copies of Form DFS-F4-1595, Penalty Calculation Worksheet, revised 7/14, are available from the Division of Workers’ Compensation, Department of Financial Services, Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-4226.

Rulemaking Authority 440.107(9), 440.591 FS. Law Implemented 440.107(7) FS. History–New 12-29-04, Amended 10-18-07, 4-12-15, __________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Pam Macon

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jeff Atwater, Chief Financial Officer, Department of Financial Services

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 01/19/2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 12/01/2016