Notice of Election to Be Exempt, Penalty Calculation Worksheet, Procedures for Imputing Payroll and Penalty Calculations
DEPARTMENT OF FINANCIAL SERVICES
Division of Workers' Compensation
RULE NOS.:RULE TITLES:
69L-6.012Notice of Election to Be Exempt
69L-6.027Penalty Calculation Worksheet
69L-6.028Procedures for Imputing Payroll and Penalty Calculations
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 49 No. 63, March 31, 2023 issue of the Florida Administrative Register.
These changes are made in response to comments by the Joint Administrative Procedures Committee.
69L-6.028 Procedures for Imputing Payroll and Penalty Calculations.
(1) No change.
(2) The employer’s time period or periods of non-compliance means the time period(s) within the 12-month period preceding the date the Stop-Work Order was issued to the employer within which the employer failed to secure the payment of compensation pursuant to Chapter 440, F.S., or within the two years preceding the date the Stop-Work order was issued to the employer who understated or concealed payroll or has been previously issued a Stop-Work Order. and It The time period or periods of non-compliance must be either the same time period as set forth in the business records request for the calculation of penalty or an alternative time period or period(s) as determined by the Department, whichever is less. The employer may provide the Department with records from other sources, including, but not limited to, the Department of State, Division of Corporations, the Department of Business and Professional Regulation, licensing offices, and building permitting offices to show an alternative time period or period(s) of non-compliance.
(3) through (4) No change.
Rule 69L-6.012, Form DFS-F4-DWC-250, Notice of Election to be Exempt. The language on page 3, section 10, has been changed to mirror the language in section 440.05(3), F.S., by stating that the applicant has completed the tutorial.
Rule 69L-6.027, Form DFS-F4-1595, Penalty Calculation Worksheet. The language on page 1 has been changed to refer to the preceding 12-month period to conform with section 440.107(7)(d)1., and the statutory citation on page 6 has been updated to reflect the 2023 date.
