The proposed rule is amended to conform to applicable provisions of Chapter 440, F.S., relating to the process through which corporate officers may apply to be exempt from Florida’s workers’ compensation coverage requirements. The proposed rule is ...

 

DEPARTMENT OF FINANCIAL SERVICES

Division of Worker's Compensation

RULE NO.:RULE TITLE:

69L-6.012Notice of Election to be Exempt

PURPOSE AND EFFECT: The proposed rule is amended to conform to applicable provisions of Chapter 440, F.S., relating to the process through which corporate officers may apply to be exempt from Florida’s workers’ compensation coverage requirements. The proposed rule is also amended to reflect the meaning of “Corporate officer,” as defined in subsection 440.02(9), F.S. Under the aforementioned definition, members owning at least 10% of a non-construction limited liability company qualify as corporate officers and may elect to be exempt from the coverage requirements of Chapter 440, F.S. Incorporated Form DFS-F2-DWC-250 (Notice of Election to Be Exempt), which is completed on-line, is revised to accommodate application by non-construction industry employers seeking to be exempt from the coverage requirements found under Chapter 440, F.S. The proposed rule also provides updated contact information, deletes obsolete language and includes other technical changes.

SUMMARY: The proposed rule is amended to conform to applicable provisions of Chapter 440, F.S., that relate to the process whereby corporate officers may apply to be exempt from Florida’s workers’ compensation coverage requirements. The proposed rule also revises online form DFS-F2-DWC-250 (Notice of Election to Be Exempt) in order to accommodate application by non-construction industry employers.

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 has performed an economic review of the proposed rule and has determined that the proposed amendment will not result in an economic impact or burden that would exceed any of the economic analysis criteria set forth under paragraph 120(2) (a), F.S.

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(3), 440.05(9), 440.591 FS.

LAW IMPLEMENTED: 215.322, 440.02(15), 440.05 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: Wednesday, August 13, 2014, 9:30 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 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 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 valid Form DFS-F2-DWC-252, Certificates of Election to be Exempt from Florida Workers’ Compensation Law, revised 08/13, and herein incorporated by reference, as stated in Chapter 440, F.S., and implemented by this rule may file a Form DFS-F2-DWC-250, Notice of Election to be Exempt, revised 07/14 08/13, 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-F2-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 608, F.S., is not a corporation for purposes of Chapter 440, F.S., persons engaged in the construction industry 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-F2-DWC-252, Certificate of Election to be Exempt from Florida Workers’ Compensation Law,  under this rule.

(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 A new Form DFS-F2-DWC-250, Notice of Election to be Exempt, must be submitted by the corporate officer, and, if the applicant corporate officer 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) through (4) No Change.

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

(a) An applicant shall have ninety days from the date of the Department’s deficiency notice to submit a completed Form DFS-F2-DWC-250, Notice of Election to be Exempt, at which time the Form DFS-F2-DWC-250, Notice of Election to be Exempt, shall be processed, and no without any additional processing fee will be due for a construction industry applicant. The Department shall deny the Form DFS-F2-DWC-250, Notice of Election to be Exempt, if the applicant fails to submit information to complete the Form DFS-F2-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 Form DFS-FS-DWC-252, Certificate of Election to be Exempt from Florida Workers’ Compensation Law must file If the Form DFS-F2-DWC-250, Notice of Election to be Exempt is denied, the applicant must submit 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 is required.

(b) If the Department receives a renewal Form DFS-F2-DWC-250, Notice of Election to be Exempt that meets the eligibility requirements of Section 440.05, F.S., and this rule more than 90 days prior to the expiration date of the Form DFS-F2-DWC-252, Certificate of Election to be Exempt from Florida Workers’ Compensation Law, the issue date of the new Form DFS-F2-DWC-252, Certificate of Election to be Exempt from Florida Workers’ Compensation Law, is the date the Form DFS-F2-DWC-250, Notice of Election to be Exempt, is approved and saved to the Coverage and Compliance Automated System database of the Department, and any duplicate Form DFS-F2-DWC-252, Certificate of Election to be Exempt from Florida Workers’ Compensation Law for the applicant of the same business shall be null and void as of the issue date of the new Form DFS-F2-DWC-252, Certificate of Election to be Exempt from Florida Workers’ Compensation Law.

(c) If the Department receives a renewal Form DFS-F2-DWC-250, Notice of Election to be Exempt, revised 07/14 effective 08/13, 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-F2-DWC-252, Certificate of Election to be Exempt from Florida Workers’ Compensation Law, the issue date of the renewal Form DFS-F2-DWC-252, Certificate of Election to be Exempt from Florida Workers’ Compensation Law, shall be the expiration date of the current Form DFS-F2-DWC-252, Certificate of Election to be Exempt from Florida Workers’ Compensation Law.

(d) Subject to the exceptions listed in subsection 440.05(5), F.S., if the Department receives a renewal Form DFS-F2-DWC-250, Notice of Election to be Exempt, after the expiration date of the Form DFS-F2-DWC-252, Certificate of Election to be Exempt from Florida Workers’ Compensation Law, the issue date of the renewal Form DFS-F2-DWC-252, Certificate of Election to be Exempt from Florida Workers’ Compensation Law, is the date the renewal Form DFS-F2-DWC-250, Notice of Election to be Exempt, is approved and saved to the Coverage and Compliance Automated System database of the Department.

(e) Subject to the exceptions listed in subsection 440.05(5), F.S., if the Department receives a new Form DFS-F2-DWC-250, Notice of Election to be Exempt, the issue date of the Form DFS-F2-DWC-252, Certificate of Election to be Exempt from Florida Workers’ Compensation Law, is the date the Form DFS-F2-DWC-250, Notice of Election to be Exempt, revised 07/14 08/13, as incorporated by reference, is approved and saved to the Coverage and Compliance Automated System database of the Department. If the Department receives a new Notice of Election to be Exempt, that lists a corporate officer that currently has a valid Form DFS-F2-DWC-252, Certificate of Election to be Exempt from Florida Workers’ Compensation Law, with the same corporation or limited liability company, the issue date of the Form DFS-F2-DWC-250, Notice of Election to be Exempt is the date the Form DFS-F2-DWC-250, Notice of Election to be Exempt, is approved and saved to the Coverage and Compliance Automated System database of the Department and the current Form DFS-F2-DWC-252, Certificate of Election to be Exempt from Florida Workers’ Compensation Law, shall be null and void as of the issue date of the new Form DFS-F2-DWC-252, Certificate of Election to be Exempt from Florida Workers’ Compensation Law.

(6) No change.

(7) Any corporate officer or officer of a corporation who has been issued a Form DFS-F2-DWC-252, Certificate of Election to be Exempt from Florida Workers’ Compensation Law may revoke such certificate by submitting to the Department a Form DFS-F2-DWC-250-R, Notice of Revocation of Election to be Exempt revised 08/13, and incorporated by reference herein. The issue date of a Form DFS-F2-DWC-250-R, Notice of Revocation of Election to be Exempt, is the date the revocation is approved and saved to the Coverage and Compliance Automated System database of the Department, or 30 days after Form DFS-F2-DWC-250-R, Notice of Revocation of Election to be Exempt, is received by the Department, whichever is earlier.

(8) No change.

(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 http://www.myfloridacfo.com/wc/exemption.html. The construction industry exemption requires payment of a $50.00 processing fee; payment of an additional $1.00 service fee is applied against the costs associated with providing electronic transactions. Certificate holders are also required to print their Form DFS-F2-DWC-252, Certificate of Election to be Exempt from Florida Workers’ Compensation Law, from the website listed above.

(10) The issue date of a Form DFS-F2-DWC-251, Notice of Election of Coverage,  revised 08/13 and incorporated by reference herein, is the date it is approved and saved to the Coverage and Compliance Automated System database of the Department, or 30 days after the Form DFS-F2-DWC-251, Notice of Election of Coverage, is received by the Department, whichever is earlier.

(11) The issue date of a Form DFS-F2-DWC-251-R, Revocation of Election of Coverage, revised 08/13, and incorporated by reference herein, is the date it is approved and saved to the Coverage and Compliance Automated System database of the Department, or 30 days after the Form DFS-F2-DWC-251-R, Revocation of Election of Coverage, is received by the Department, whichever is earlier.

(12) through (13) No change.

(14) Form DFS-F2-DWC-250R, Notice of Revocation of Election to be Exempt, Form DFS-F2-DWC-251, Notice of Election of Coverage,  and  Form DFS-F2-DWC-251R, Revocation of Election of Coverage,  can be obtained from the Department’s website at http://www.myfloridacfo.com/Division/wc/exemption.htm http://www.myfloridacfo.com/wc/forms.html, by mail at 200 East Gaines Street, Tallahassee, FL 32399  or by telephone request by calling [phone]. Form DFS-F2-DWC-250, Notice of Election to be Exempt, is filed electronically through the DWC Notice of Election to be Exempt System at http://www.myfloridacfo.com/Division/wc/exemption.htm http://www.myfloridacfo.com/wc/exemption.html.

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,_____________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Robin Delaney, Chief, Bureau of Compliance, Division of Workers’ Compensation, Department of Financial Services

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: July 1, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 4, 2014