The proposed rules are amended to conform to applicable provisions of section 440.107, F.S., as revised under Chapter No. 2014-109, Laws of Florida. Under proposed Rule 69L-6.015, F.A.C., the business record retention period required for employers ...

 

DEPARTMENT OF FINANCIAL SERVICES

Division of Worker’s Compensation

RULE NOS.:RULE TITLES:

69L-6.015Record Maintenance and Production Requirements for Employers

69L-6.025Conditional Release of Stop-Work Order and Periodic Payment Agreement

PURPOSE AND EFFECT: The proposed rules are amended to conform to applicable provisions of Section 440.107, F.S., as revised under Chapter No. 2014-109, Laws of Florida. Under proposed Rule 69L-6.015, F.A.C., the business record retention period required for employers subject to Florida’s workers’ compensation law is reduced to two, rather than the three preceding years of employment activity required under the previous law. Proposed Rule 69L-6.025, F.A.C., authorizes the Department to issue an Agreed Order of Conditional Release From Stop-Work Order to an employer who has secured appropriate coverage, if the employer makes a minimum initial down payment to the Department of $1000 toward an assessed penalty and agrees to remit the remainder of the penalty in full or to make periodic payments in accord with the agreed payment schedule. The proposed rule also includes new language to provide that an employer’s failure to comply with the terms and conditions of the Agreed Order of Conditional Release From Stop-Work Order will result in the issuance by the Department of an Order Reinstating Stop-Work Order. Such orders will only be rescinded upon an employer’s payment of the entire balance of the unpaid penalty, or in the alternative, upon the employer’s entering into a Payment Agreement Schedule for Periodic Payment of Penalty with the Department prior to the expiration of twenty-one days from the Department’s issuance of an Order Reinstating Stop-Work Order. The proposed rule also adds a definition for the term, “Immediately reinstated,” provides for the electronic payment of penalties and revises incorporated forms. The proposed rule has been renumbered accordingly.

SUBJECT AREA TO BE ADDRESSED: Amendment of Rules 69L-6.015 and 69L-6.025, F.A.C., to conform to existing section 440.107, F.S.

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

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

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: Thursday, February 12, 2015, 9:00 a.m.

PLACE: 102 Hartman Building, 2012 Capital Circle Southeast, Tallahassee, Florida

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: Robin Delaney, [phone] or [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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Robin Delaney, Chief, Bureau of Compliance, Division of Workers’ Compensation, Department of Financial Services, 200 E. Gaines Street, Tallahassee, Florida 32399-4228, [phone] or [e-mail]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.