The proposed amendment will reduce the daily penalty for delinquent forms, reports and documents imposed by Rule 69L-5.217(1)(a)4., F.A.C.

 

DEPARTMENT OF FINANCIAL SERVICES
Division of Worker's Compensation

RULE NO.: RULE TITLE:
69L-5.217: Civil Penalties and Fines

PURPOSE AND EFFECT: The proposed amendment will reduce the daily penalty for delinquent forms, reports and documents imposed by subparagraph 69L-5.217(1)(a)4., F.A.C.

SUMMARY: The proposed amendment will reduce the amount of the penalty imposed by subparagraph 69L-5.217(1)(a)4., F.A.C., for delinquent forms, reports and documents from $200 per day to $100 per day.

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 conducted an economic analysis of the proposed rule’s potential impact and determined that there will be no adverse economic impact or regulatory increases 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: 440.38(1), (2), (3), 440.385(6), 440.525(2), 440.591 FS.
LAW IMPLEMENTED: 440.38(1), (2), (3), 440.385(1), (3), (6), 440.525 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: August 27, 2012, 9:30 a.m.

PLACE: Room 102, Hartman Building, 2012 Capital Circle S.E., 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: Pam Macon at [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: Pam Macon, Chief, Bureau of Monitoring and Audit, Division of Workers’ Compensation, 2012 Capital Circle S.E., Tallahassee, Florida 32399, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

69L-5.217 Civil Penalties and Fines.

(1) No change.

(a) Late filed forms, reports, and documents required pursuant to this rule shall be penalized as follows:

1. $100 for filings 1 to 14 days late.

2. $500 for filings 15 to 30 days late.

3. $1,000 for filings 31 to 60 days late.

4. For periods greater than sixty (60) days, $100 200 per day from the required filing date. Total penalties assessed under this section for a single late filed form, report, or document shall not exceed $10,000.

(b) through (c) No change.

(2) through (6) No change.

Rulemaking Authority 440.38(1), (2), (3), 440.385(6), 440.525(2), 440.591 FS. Law Implemented 440.38(1), (2), (3), 440.385(1), (3), (6), 440.525 FS. History–New 3-9-10, Amended 12-29-11,________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Pam Macon, Chief, Bureau of Monitoring and Audit, Division of Workers’ Compensation, 2012 Capital Circle S.E., Tallahassee, Florida 32399, [phone]

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 18, 2012

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: May 25, 2012