The proposed amendments will update the rules to conform with recent changes made to the Workers’ Compensation Law by Chapter 2022-138, Laws of Florida.

 

DEPARTMENT OF FINANCIAL SERVICES

Division of Workers' Compensation

RULE NOS.:RULE TITLES:

69L-6.012Notice of Election to Be Exempt

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

69L-6.027Penalty Calculation Worksheet

69L-6.028Procedures for Imputing Payroll and Penalty Calculations

69L-6.029Employer Worksites

69L-6.030Penalties for Employers Currently in Compliance Previously Failing to Secure the Payment of Compensation

69L-6.032Contractor Requirements For Obtaining Evidence That Subcontractors Possess Workers' Compensation Insurance or Otherwise Comply with Chapter 440, F.S.

69L-6.036Online Workers’ Compensation Coverage and Compliance Tutorial for 15% Penalty Reduction

PURPOSE AND EFFECT: The proposed amendments will update the rules to conform with recent changes made to the Workers’ Compensation Law by Chapter 2022-138, Laws of Florida.

SUMMARY: The proposed changes will address the number of days an employer has to comply with a written request from the Department to produce required business records, amend the calculation of any applicable penalty and penalty credits, and implement an online workers’ compensation coverage and compliance tutorial that will reduce the final assessed penalty by 15 percent upon successful completion. The amendments will also update forms and make other necessary changes.

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’s economic analysis of the potential impact of the proposed rule amendments determined that there will be no adverse economic impact or increased regulatory costs 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: 215.322, 440.05, 440.107, 440.591, FS.

LAW IMPLEMENTED: 215.322, 440.02, 440.05, 440.10, 440.107, 440.38 FS

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Pamela Macon - telephone [phone], email [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

69L-6.012 Notice of Election to Be Exempt.

(1)(a) Only corporate officers of non-dissolved or active corporations who meet the conditions for the issuance of a valid Form, DFS-F4-DWC-252, https://www.flrules.org/Gateway/reference.asp?No=Ref       _____ ,     https://www.flrules.org/Gateway/reference.asp?No=Ref 02941 Certificates of Election to be Exempt from Florida Workers’ Compensation Law, revised 01/23, 08/13, and herein incorporated by reference, as stated in Chapter 440, F.S., and implemented by this rule may file a Form DFS-F4-DWC-250, https://www.flrules.org/Gateway/reference.asp?No=Ref_______     , https://www.flrules.org/Gateway/reference.asp?No=Ref-04715, Notice of Election to be Exempt, revised 01/23, 07/14, and incorporated by reference herein. Only a business entity organized under Chapter 607 or 617, F.S., will qualify as a corporation for purposes of issuing a Form DFS-F4-DWC-252, Certificate of Election to be Exempt from Florida Workers’ Compensation Law, to a corporate officer under this rule. While a limited liability company created and approved under Chapter 605 or 608, F.S., is not a corporation for purposes of Chapter 440, F.S., persons who are limited liability company members owning at least ten percent (10%) of the non-dissolved or active limited liability company qualify as a “corporate officer” and are eligible for the issuance of a Form DFS-F4-DWC-252, Certificate of Election to be Exempt from Florida Workers’ Compensation Law, under this rule. Chapter 605, F.S., the “Florida Revised Limited Liability Company Act,” which became effective on January 1, 2014, also provides for the repeal of Chapter 608, F.S., titled “Limited Liability Companies,” on January 1, 2015. Therefore, newly formed Florida limited liability companies must be organized pursuant to the provisions of Chapter 605, F.S. Florida limited liability companies that were organized pursuant to the provisions of Chapter 608, F.S., must comply with the provisions of Chapter 605, F.S., prior to the repeal of Chapter 608, F.S.

(b) The Department shall deny any Form DFS-F2-DWC-250, Notice of Election to be Exempt, received from an applicant that does not meet the eligibility requirements for the issuance of a DFS-F2-DWC-252, Certificate of Election to be Exempt from Florida Workers’ Compensation Law. An applicant who receives such denial from the Department and still seeks a DFS-FS-DWC-252, Certificate of Election to be Exempt from Florida Workers’ Compensation Law must file a new Form DFS-F2-DWC-250, Notice of Election to be Exempt, and, if the applicant is engaged in the construction industry, another $50.00 fee must be submitted with the Form DFS-F2-DWC-250, Notice of Election to be Exempt.

(2)(a) Any corporate officer engaged in the construction or non-construction industry, who elects to be exempt from the provisions of the workers’ compensation law (chapter 440, F.S.), must certify that the officer electing an exemption has completed  an online workers’ compensation coverage and compliance tutorial pursuant to section 440.05(3), F.S., and shall submit a Form DFS-F4-DWC-250, Notice of Election to be Exempt, in accordance with the requirements of Sections 440.02(15)(b) and 440.05, F.S. For purposes of this rule, an applicant is engaged in the “construction industry” when any portion of the applicant’s business operations is described in the construction industry classification codes that are identified in Rule 69L-6.021, F.A.C.

(b) Corporate officers must provide the first name, last name, date of birth, valid driver’s license number, or Florida identification card number on The Form DFS-F4-DWC-250, Notice of Election to be Exempt., For purposes of this rule, a driver’s license is considered valid provided it has not been expired for more than 30 days at the time of submission of the exemption application. If an application is returned for any reason, the original exemption application submission date will apply when determining if a license is valid. The form must also include all list the certified or registered license numbers held by the applicant issued pursuant to Chapter 489, F.S.; or the certified or registered license numbers held by the qualifier for the business listed on the Form DFS-F4-DWC-250, Notice of Election to be Exempt, of which the applicant is a corporate officer. If the applicant is required to obtain a license issued pursuant to Chapter 489, F.S., the business name listed on the license must match the name of the corporation or limited liability company listed on the Form DFS-F4-DWC-250, Notice of Election to be Exempt.

(3) For purposes of this rule, an applicant is engaged in the “construction industry” when any portion of the applicant’s business operations is described in the construction industry classification codes that are identified in Rule 69L-6.021, F.A.C. An applicant engaged in the construction industry must submit a $50.00 fee with each Form DFS-F4-DWC-250, Notice of Election to be Exempt. If an applicant’s payment is returned to the Department for non-sufficient funds, the Form DFS-F2-DWC-250, Notice of Election to be Exempt, is invalid and shall be denied. If a Form DFS-F4-DWC-252, Certificate of Election to be Exempt from Florida Workers’ Compensation Law, was issued to the applicant and the applicant’s payment was returned to the Department for non-sufficient funds, the Form DFS-F4-DWC-252, Certificate of Election to be Exempt, from Florida Workers’ Compensation Law, shall be revoked. In order for the Department to process a new Form DFS-F4-DWC-250, Notice of Election to be Exempt, from an applicant who has had a payment returned for non-sufficient funds, the Department must receive confirmation that the initial $50.00 payment and any associated service charge has been deposited into the Workers’ Compensation Administration Trust Fund.

(4) The Department shall deny any Form DFS-F2-DWC-250, Notice of Election to be Exempt, that would result in more than 3 corporate officers, as defined in Section 440.02(9), F.S., having an active Certificate of Election to be Exempt for a corporation or business entity or any group of affiliated corporations or business entities if the applicant is in the construction industry.

(4) (5) Incomplete Notices of Election to be Exempt, Issue Dates for Certificates of Election to be Exempt from Florida Workers’ Compensation Law.

(a) If a Form DFS-F4-DWC-250, Notice of Election to be Exempt, is incomplete or inaccurate for the issuance of a Form DFS-F4-DWC-252, Certificate of Election to be Exempt from Florida Workers’ Compensation Law, the Department shall return the Form DFS-F4-DWC-250, Notice of Election to be Exempt and provide a deficiency notice. An applicant shall have ninety days from the date of the Department’s deficiency notice to correct the deficiency and submit a completed Form DFS-F4-DWC-250, Notice of Election to be Exempt, at which time the Form DFS-F4-DWC-250, Notice of Election to be Exempt, shall be processed, and no additional processing fee will be due for a construction industry applicant. The Department shall deny the Form DFS-F4-DWC-250, Notice of Election to be Exempt, if the applicant fails to submit information to complete the Form DFS-F4-DWC-250, Notice of Election to be Exempt, within ninety days of the date of the Department’s deficiency notice. An applicant who receives such denial from the Department and still seeks a DFS-F4-DWC-252, Certificate of Election to be Exempt from Florida Workers’ Compensation Law must file a new Form DFS-F4-DWC-250, Notice of Election to be Exempt, and, if the applicant is engaged in the construction industry, another $50.00 fee is required.

(b) No Change.

(c) If the Department receives a renewal Form DFS-F4-DWC-250, Notice of Election to be Exempt, effective 07/14, as incorporated by reference, that meets the eligibility requirements of Section 440.05, F.S., and this rule 90 days or less prior to the expiration date of the Form DFS-F4-DWC-252, Certificate of Election to be Exempt from Florida Workers’ Compensation Law, the issue date of the renewal Form DFS-F4-DWC-252, Certificate of Election to be Exempt from Florida Workers’ Compensation Law, shall be the expiration date of the current Form DFS-F4-DWC-252, Certificate of Election to be Exempt from Florida Workers’ Compensation Law.

(d) No Change

(e) Subject to the exceptions listed in Section 440.05(5), F.S., if the Department receives a new Form DFS-F4-DWC-250, Notice of Election to be Exempt, the issue date of the Form DFS-F4-DWC-252, Certificate of Election to be Exempt from Florida Workers’ Compensation Law, is the date the Form DFS-F4-DWC-250, Notice of Election to be Exempt, revised 07/14, as incorporated by reference, is approved and saved to the Coverage and Compliance Automated System of the Department.

(6) renumbered as (5) No Change.

(7) renumbered as (6) No Change.

(8) renumbered as (7) No Change.

(8) (9) Payments made to the Department under this rule shall be submitted through the DWC Notice of Election to be Exempt System. at http://www.myfloridacfo.com/Division/wc/exemption.htm. The construction industry exemption requires payment of a $50.00 processing fee; payment of an additional convenience $1.00 service fee is applied against the costs associated with providing electronic transactions. Certificate holders are also required to print their Form DFS-F4-DWC-252, Certificate of Election to be Exempt from Florida Workers’ Compensation Law, from the website listed above.

(9) (10) The issue date of a Form DFS-F4-DWC-251, https://www.flrules.org/Gateway/reference.asp?No=Ref_______, https://www.flrules.org/Gateway/reference.asp?No=Ref-02939 Notice of Election of Coverage, revised 01/23 08/13 and incorporated by reference herein, is the date it is approved and saved to the Coverage and Compliance Automated System of the Department, or 30 days after the Form DFS-F4-DWC-251, Notice of Election of Coverage, is received by the Department, whichever is earlier.

(10) (11) The issue date of a Form DFS-F4-DWC-251-R, https://www.flrules.org/Gateway/reference.asp?No=Ref________, https://www.flrules.org/Gateway/reference.asp?No=Ref-02940 Revocation of Election of Coverage, revised 01/23 08/13, and incorporated by reference herein, is the date it is approved and saved to the Coverage and Compliance Automated System of the Department, or 30 days after the Form DFS-F4-DWC-251-R, Revocation of Election of Coverage, is received by the Department, whichever is earlier.

(12) renumbered as (11) No Change.

(13) renumbered as (12) No Change.

(13) (14) Form DFS-F4-DWC-250-R, Notice of Revocation of Election to be Exempt, Form DFS-F4-DWC-251, Notice of Election of Coverage, and Form DFS-F4-DWC-251-R, Revocation of Election of Coverage, can be obtained from the Department’s website at https://www.myfloridacfo.com/Division/WC/PublicationsFormsManualsReports/Forms/Default.htm or by telephone request by calling [phone]. Form DFS-F4-DWC-250, Notice of Election to be Exempt, is filed electronically through the DWC Notice of Election to be Exempt System at https://www.myfloridacfo.com/Division/WC /PublicationsFormsManualsReports/Forms/Default.htm.

Rulemaking Authority 215.322(3), 440.05(9), 440.591 FS. Law Implemented 215.322, 440.02(15), 440.05 FS. History–New 5-28-91, Amended 2-15-94, 12-28-97, 2-2-00, 9-6-01, Formerly 38F-6.012, Amended 3-26-03, Formerly 4L-6.012, Amended 4-21-04, 10-30-06, 12-31-07, 7-5-10, 8-7-13, 11-19-14,______.

 

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

(1) The requirements for issuance of a Form DFS-F4-1602, https://www.flrules.org/Gateway/reference.asp?No=Ref    ____  ,  http://www.flrules.org/Gateway/reference.asp?No=Ref-05742, Agreed Order of Conditional Release from Stop-Work Order, revised 01/23, 05/15 and incorporated by reference herein, as provided for in Section 440.107, F.S., are as follows:

(a) No Change.

(b) The employer has paid a minimum penalty of $1,000 as a down payment and agreed to remit periodic payments of the remaining penalty amount pursuant to either Form DFS-F4-1600-A, https://www.flrules.org/Gateway/reference.asp?No=Ref    ___   , http://www.flrules.org/Gateway/reference.asp?No=Ref-05739, Payment Agreement Schedule for Periodic Payment of Penalty, revised 01/23 05/15 (applicable in cases where the employer was issued a Stop-Work Order), or Form DFS-F4-1600-B, https://www.flrules.org/Gateway/reference.asp?No=Ref      _____ , http://www.flrules.org/Gateway/reference.asp?No=Ref-05740, Payment Agreement Schedule for Periodic Payment of Penalty for Order of Penalty Assessment, revised 01/23 effective 05/15 (applicable in cases where the employer was issued an Order of Penalty Assessment). Both of the above forms are incorporated by reference herein. The aforementioned and any other forms incorporated by reference under this rule may be obtained from the Division of Workers’ Compensation’s Bureau of Compliance, 1579 Summit Lake Drive, Tallahassee, FL 32317, or from any field office identified in Rule 69L-6.009, F.A.C.

(2) The terms and conditions of a Payment Agreement Schedule for Periodic Payment of Penalty shall be:

(a) No Change.

(b) No Change.

1. No Change.

2. No Change.

3. The first monthly payment installment shall be due on the first day of the second month following the month of issuance of either Form DFS-F4-1600-A, Payment Agreement Schedule for Periodic Payment of Penalty, revised  05/15 (applicable in cases where the employer was issued a Stop-Work Order), or Form DFS-F4-1600-B, Payment Agreement Schedule for Periodic Payment of Penalty for Order of Penalty Assessment, effective 05/15 (applicable in cases where the employer was issued an Order of Penalty Assessment), and each subsequent payment installment shall be due on the first day of each consecutive month.

(c) Monthly payment installments shall only be remitted to the Department’s address designated in the Payment Agreement Schedule for Periodic Payment of Penalty, or shall be remitted electronically via the Department’s online penalty payment service at http://www.myfloridacfo.com/Division/wc/.

(d) through (f) No Change.

(g) Failure by the employer to meet any term or condition of the Payment Agreement Schedule for Periodic Payment of Penalty shall constitute a default by the employer. or Vviolation of any term or condition of the Payment Agreement Schedule for Periodic Payment of Penalty shall constitute a default by the employer.

(3) The Payment Agreement Schedule for Periodic Payment of Penalty becomes effective when it is executed on behalf of the employer and by the Department. Upon execution of the Payment Agreement Schedule for Periodic Payment of Penalty, the Department will provide the employer with a Form DFS-F4-1601, http://www.flrules.org/Gateway/reference.asp?No=Ref-05741, Monthly Payment Installment Invoice, revised 05/15, and incorporated by reference herein, which shall be submitted with each monthly payment installment when remitting payments to the Department’s address.

(4)(a) No Change.

(b) If an employer defaults on under any of its obligations under the Payment Agreement Schedule for Periodic Payment of Penalty, the Stop-Work Order to which the penalty applies shall be immediately reinstated and the entire unpaid balance of the remaining penalty shall immediately become due and payable. Subsequent to the issuance of an Order Reinstating Stop-Work Order by the Department, the Department will rescind the Order Reinstating Stop-Work Order requiring the employer to adhere to the terms and conditions of its Payment Agreement Schedule for Periodic Payment of Penalty only if the Department receives from the employer all past due monthly payments prior to the expiration of the twenty-one day period. All past due monthly payments must be made electronically via the Department’s online penalty payment service, or by cashier check(s) or money order(s) made payable to DFS-Workers’ Compensation Administration Trust Fund and be remitted to Department of Financial Services, Revenue Processing Section, Division of Workers’ Compensation, P.O. Box 7900, Tallahassee, FL 32314-7900. The Department will not enter into another Payment Agreement Schedule for Periodic Payment of Penalty with an employer in a case where the employer has had its Stop-Work Order immediately reinstated through an Order Reinstating Stop-Work Order, and in order to be released from a Stop-Work Order that has been immediately reinstated the employer must pay the remainder of the entire penalty and show that it otherwise is in compliance with the coverage requirements of Chapter 440, F.S. The Department in any one case will not rescind an Order Reinstating Stop-Work Order more than three (3) times.

(c) No Change.

(5) through (11) No Change.

Rulemaking Authority 440.107(9), 440.591 FS. Law Implemented 440.107(7) FS. History–New 4-6-05, Amended 7-20-05, 2-6-07, 7-20-09, 9-6-15, 6-19-18, ______.

 

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, https://www.flrules.org/Gateway/reference.asp?No=Ref   _______ ,        http://www.flrules.org/Gateway/reference.asp?No=Ref-08041, Penalty Calculation Worksheet, revised 01/23, 10/16, which is hereby incorporated by reference.

(2) Copies of Form DFS-F4-1595, Penalty Calculation Worksheet, are available from the Department of Financial Services, Division of Workers’ Compensation, Department of Financial Services, Larson Building, 1579 Summit Lake Drive, Tallahassee, FL 32317.

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, 3-21-17, ______.

 

69L-6.028 Procedures for Imputing Payroll and Penalty Calculations.

(1) In the event an employer fails to provide business records sufficient for the Department to determine the employer’s payroll for the time period requested in the business records request for the calculation of the penalty pursuant to Section 440.107(7)(e), F.S., the Department may impute the employer’s payroll at any time after twenty-one ten business days after receipt by the employer of a written request to produce such business records.

(2) No Change.

(3) No Change.

(4) If the Department imputes the employer’s payroll, the employer will have twenty business days after service of the first amended order of penalty assessment calculation to provide business records sufficient for the Department to determine the employer’s payroll for the period requested in the business records request for the calculation of the penalty or for the alternative time period(s) of non-compliance. The employer’s penalty will be recalculated pursuant to Section 440.107(7)(d), F.S., only if the employer provides all such business records within the twenty business days after the service of the first amended order of penalty assessment calculation. Otherwise, the first amended order of penalty assessment calculation will remain in effect.

(a) If the employer was issued a Stop-Work Order, then the employer will have twenty business days after service of the first Amended Order of Penalty Assessment to provide business records sufficient for the Department to determine the employer’s payroll, and the employer’s penalty will be recalculated pursuant to Section 440.107(7)(d), F.S.

(b) If the employer was issued an Order of Penalty Assessment, then the employer will have twenty business days after service of the Order of Penalty Assessment to provide business records sufficient for the Department to determine the employer’s payroll, and the employer’s penalty will be recalculated pursuant to Section 440.107(7)(d), F.S.

Rulemaking Authority 440.107(9), 440.591 FS. Law Implemented 440.107(7)(e) FS. History–New 7-12-05, Amended 8-31-06, 8-30-09, 4-12-15, 1-8-17, ______.

 

69L-6.029 Employer Worksites.

(1) through (2) No Change.

(3) The worksites for which an employer is not in compliance shall be determined as follows:

(a) through (b) No Change.

(c) If the employer failed to produce the required business records within twenty-one ten business days after receipt of the written request of the department, all worksites of the employer in the state are not in compliance and the Stop-Work Order shall be in effect for all the employer’s worksites requiring the cessation of all business operations for such employer in the state.

(d) through (g) No Change.

(4) No Change.

Rulemaking Authority 440.107(9), 440.591 FS. Law Implemented 440.107(7)(a), 440.107(7)(d)1. FS. History–New 1-11-06, Amended 2-17-15, ______.

 

69L-6.030 Penalties for Employers Currently in Compliance Previously Failing to Secure the Payment of Compensation.

(1) No Change.

(2) For purposes of this rule, an investigation commences on the date the Department’s compliance investigator conducts an on-site inspection of the employer’s worksite or business, location, or on the date the employer receives a written request to produce business records from the Department pursuant to Section 440.107(7)(a), F.S., whichever is earlier.

Rulemaking Authority 440.107(9), 440.591 FS. Law Implemented 440.107(2), (7) FS. History—New 3-15-06, ______.

 

69L-6.032 Contractor Requirements For Obtaining Evidence That Subcontractors Possess Workers’ Compensation Insurance or Otherwise Comply with Chapter 440, F.S.

(1) No Change.   

(2) If a workers’ compensation insurance policy has been issued to the subcontractor, the contractor, as described in subsection (1) of this rule, may obtain one of the following documents as evidence of workers’ compensation insurance for a subcontractor:

(a) No Change.

(b) A screen print from the Division of Workers’ Compensation, Proof of Coverage database confirming that workers’ compensation coverage is in effect for the subcontractor. The Proof of Coverage database can be accessed from the Division’s website at: https://dwcdataportal.fldfs.com/ProofOfCoverage.aspx; www.fldfs.com/WC/; or

(c) No Change.

(3) No Change.

(4) If a corporate officer of the subcontractor has elected to be exempt from the workers’ compensation coverage requirements of Chapter 440, F.S., the contractor shall obtain from the subcontractor a copy of the corporate officer’s Certificate of Election to Be Exempt issued by the Department. In lieu of a copy of the Certificate of Election to Be Exempt, a contractor may obtain a screen print from the Division of Workers’ Compensation, Exemptions Search Proof of Coverage database confirming that a Certificate of Election to Be Exempt is in effect for the corporate officer of the subcontractor. The Exemptions Search Proof of Coverage database can be accessed from the Division’s website at: https://dwcdataportal.fldfs.com/Exemption.aspx. www.fldfs.com/WC/. The Certificate of Election to Be Exempt shall include the following information and documentation in order to be considered evidence of a valid Certificate of Election to Be Exempt:

(a) through (c) No Change.

(d) The date the work is performed by the corporate officer named on the Certificate of Election to Be Exempt falls within the Effective and Expiration dates listed on the Certificate of Election to Be Exempt; and,

(e) The corporate officer named on the Certificate of Election to Be Exempt must perform on behalf of the contractor the type of work within the industry that is listed on the Certificate of Election to Be Exempt; and,.

(f) A Certificate of Election to Be Exempt effective on or after January 1, 2023, must contain the following notice: “This certificate of election to be exempt is NOT a license issued by the Department of Business and Professional Regulation. To determine if the certificate holder is required to have a license to perform work or to verify the license of the certificate holder, go to www.myfloridalicense.com”.

(5) If a subcontractor employs a corporate officer that has been issued a Certificate of Election to Be Exempt and also employs non-exempt employees for whom the subcontractor is required to secure the payment of compensation, the contractor must obtain evidence of workers’ compensation insurance pursuant to subsection (2) or (3) of this rule, for such employees and further must obtain evidence of each and every valid Certificate of Election to Be Exempt pursuant to subsection (4) of this rule.

(6) through (9) No Change. 

Rulemaking Authority 440.05(10), 440.107(5), 440.107(9), 440.591 FS. Law Implemented 440.05(10), 440.10(1), 440.107(3), 440.107(7), 440.38(1) FS. History–New 8-5-07, Amended ______.

 

69L-6.036  Online Workers’ Compensation Coverage and Compliance Tutorial for 15% Penalty Reduction.

            (1) Pursuant to Section 440.107, F.S., the Division will reduce the final assessed penalty by 15% if:

            (a) The employer has not been previously issued a Stop-Work Order or Order of Penalty Assessment; and

            (b) The employer takes an online workers’ compensation coverage and compliance tutorial and correctly answers at least 80% of the questions within 21 days after the employer’s receipt of the Division’s written request to product business records.

            (2) The eligible employer must take an online tutorial in one of the district offices listed below during standard business hours except on state holidays and other days when state offices are closed.

 

District 1A – Panhandle                                                 District 3 – Tampa

Tallahassee Location                                                     1313 North Tampa Street           

1579 Summit Lake Drive                                               Suite 503         

Tallahassee, FL 32317                                                   Tampa, FL 33602

           

Pensacola Location                                                       District 4 - Orlando

600 University Office Blvd.                                           400 W. Robinson Street

Building 15                                                                   North Tower, Suite N512

Pensacola, FL 32504                                                     Orlando, FL 32801

 

District 1 - Jacksonville                                                 District 5 – Miami

921 N. Davis Street                                                       401 N.W. Second Avenue

Building B, Suite 250                                                    Suite S-318

Jacksonville, FL 32209                                                  Miami, FL 33128

 

District 2 – West Palm Beach                                        District 7 – Fort Myers

400 N. Congress Avenue                                               2295 Victoria Avenue

Suite 105                                                                      Suite #284

West Palm Beach, FL 33401                                          Fort Myers, FL 33901

            (3) An eligible employer may make multiple attempts to achieve a minimum passing score of 80% on an online tutorial within 21 days after the employer’s receipt of the Division’s written request to produce business records.

Rulemaking Authority 440.107, 440.591 FS.  Law Implemented 440.107 FS. History–New ______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Pamela Macon, Chief, Bureau of Compliance

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jimmy Patronis, Chief Financial Officer

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 30, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 28, 2022