This rule is required by the creation of section 446.54, F.S., which establishes a pathway to reimburse employers, including school districts and Florida College System institutions, for the proportionate cost of workers’ ....

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-6.05732Reimbursement for Workers’ Compensation Insurance Premiums

PURPOSE AND EFFECT: This rule is required by the creation of section 446.54, F.S., which establishes a pathway to reimburse employers, including school districts and Florida College System institutions, for the proportionate cost of workers’ compensation insurance premiums for students 18 years of age or younger who are in work-based learning opportunities. The rule will enable the employers, including school districts and Florida College System institutions, to submit invoices to the Florida Department of Education and receive appropriate reimbursements.

SUMMARY: This rule addresses workers’ compensation insurance coverage for students 18 years of age or younger participating in work-based learning opportunities. The statute specifies that students placed in paid work-based learning opportunities shall be covered by the employers and that students in unpaid work-based learning opportunities shall be considered employees of the school district or state college for the purpose of workers’ compensation coverage. The rule specifies that employers, including school districts and state colleges, may be reimbursed for the proportionate costs of the workers’ compensation insurance premiums needed to provide the student coverage. The rule also describes procedures for employers to request reimbursement and the Department of Education to make the reimbursements.

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 proposed rule is not expected to have any adverse impact on economic growth, business competitiveness or increase regulatory costs or any other adverse factor listed in s. 120.541(2), F.S. and will not require legislative ratification. Since the statute provides a method for employers to seek reimbursement for an employers’ share of workers’ compensation insurance attributable to students participating in work-based learning, such as apprenticeships, and since the rule seeks minimal information readily available to employers, there should be no adverse economic impact as a result of the rule and any regulatory costs attributable to the rule should be de minimus.

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: 446.54, 1001.02(1), (2)(n) F.S.

LAW IMPLEMENTED: 446.54, F.S.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: March 30, 2022, 9:00 a.m.

PLACE: Collier County School Board Office, 5775 Osceola Trail, Naples, Florida 34109.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Martha K. Asbury, Assistant Deputy Commissioner, Finance and Operations, Florida Department of Education, Suite 1214, Turlington Building, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-6.05732 Reimbursement for Workers’ Compensation Insurance Premiums

(1) Definitions.  In this rule, the following terms are defined as follows:

(a) “Department” means the Florida Department of Education;

(b)“Educational institution” means a district school board operated school under Section 1003.01, F.S., a charter school operated under Section 1002.33, F.S., a school district operated career center under Section 1001.44, F.S., a school district operated charter technical career center under Section 1002.34, F.S., or a Florida College System (FCS) institution under Section 1000.21, F.S.; 

(c) “Employer” means the definition provided in Section 440.02(16), F.S., and includes a school district and a FCS institution that have students participating in unpaid work-based learning opportunities; and 

(d) “Work-based learning opportunities” means the definition provided in Section 446.0915, F.S., and the standards set forth in Rule 6A-23.0042, F.A.C..

(2) Reimbursement for Workers’ Compensation Premiums. An employer may apply to be reimbursed for an increase in the employer’s workers compensation premiums attributable to including a student participating in a work-based learning opportunity under the employer’s workers’ compensation insurance.

(a) All requests for reimbursement must be submitted to the Department’s Comptroller’s Office at the following address: Florida Department of Education, Bureau of the Comptroller, 325 West Gaines Street, 914 Turlington Building, Tallahassee, Florida  32399-0400.

(b) At least forty-five (45) days before the deadline, the Department will annually notify school districts and FCS institutions of the deadline for submission of requests for reimbursements.

(c) Requests for reimbursements can include any period within a given fiscal year from July 1 through June 30 of the fiscal year and are limited to the fiscal year identified in the notice.

(d) The educational institution where the student is or was enrolled while participating in a work-based learning opportunity must submit requests for reimbursements on behalf of employers.  The Department will not consider requests made directly from an employer, unless the educational institution is the employer.      

(e) Requests for reimbursement must include the following information:

1.The total number of students participating in work-based learning opportunities with the employer; 

2.The number of students who are participating in paid and unpaid work-based learning opportunities with the employer;

3. Confirmation that students were eighteen (18( years of age or younger during the time when participating in the work-based learning opportunity and for which reimbursement is sought;

4. A description of the method of determining the proportionate share of the employer’s workers’ compensation insurance attributable to student(s) in work-based learning opportunities; 

5. The dollar amount sought to be reimbursed;

6. The employer’s name, telephone number, email address and an identifying number, such as (FEIN number); and

7. A statement by the employer agreeing to maintain documentation supporting the information described in paragraph (2)(e) for a minimum of five (5) years.

(3) Responsibility of Educational Institutions. The educational institutions where a student is enrolled in a work-based learning opportunity must adopt procedures for the following:

(a) Providing notice to employers of the opportunity to submit for reimbursement;

(b) Establishing deadlines for submission of requests to the educational institution;

(c) Reviewing requests by employers for compliance with the requirements of this rule and providing the opportunity for employers to provide supplemental or corrected information;

(d) Submitting requests that provide the information required by paragraph (2)(e) of this rule to the Department;

(e) Distributing reimbursements authorized by the Department to employers; and

(f) Designating a person at the institution to respond to inquiries about reimbursement by the Department and by employers.

(4) Reimbursement by the Department. 

(a) The Department will review requests to ensure that each request includes the information required by this rule and that each request for reimbursement is limited to an increase in the employer’s workers compensation premiums attributable to the inclusion of a student participating in a work-based learning opportunity, in the employer’s workers compensation insurance. 

(b) Should the amount requested for reimbursement exceed the total amount appropriated for this purpose, reimbursements will be prorated by the Department.

Rulemaking Authority 1001.02(1), (2)(n), 446.54 FS. Law Implemented 446.54 FS History – New - 

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Martha K. Asbury, Assistant Deputy Commissioner, Finance and Operations.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Richard Corcoran, Commissioner, Department of Education.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 21, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 1, 2021