The rule is amended to reference section 92.525, FS, for sworn statements and remove notarization requirements in portions of the rule.

 

DEPARTMENT OF FINANCIAL SERVICES

OIR – Insurance Regulation

RULE NO.:RULE TITLE:

69O-189.003Workers' Compensation: Application and Audit Procedures

PURPOSE AND EFFECT: The rule is amended to reference section 92.525, FS, for sworn statements and remove notarization requirements in portions of the rule.

SUMMARY: The rule is amended to reference section 92.525, FS, for sworn statements. The rule is amended remove notarization requirements in portions of the rule. A sentence allowing the acceptance of electronic notarization is deleted due to the notary requirement being removed.

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: Agency personnel familiar with the subject matter of the rule amendments have performed an economic analysis of the rule amendment that shows that the rule amendments are unlikely to have an adverse impact on the State economy in excess of the criteria established in Section 120.541(2)(a), FS, and the rule amendments will not require ratification by the Legislature.

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: 440.381, 624.308(1) FS.

LAW IMPLEMENTED: 440.105(4)(b)5., 440.381, 624.307, 624.424(1)(c) 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: Michael Lawrence, Jr., Assistant General Counsel, Office of Insurance Regulation, [e-mail], [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

69O-189.003 Workers’ Compensation: Application and Audit Procedures.

(1)(a) Each employer applying to a carrier in the voluntary market for workers’ compensation coverage required by section 440.38, F.S., shall use Form ACORD 130 FL (rev. 2019/07) Form ACORD 130-FL (rev. 2015-02), “Florida Workers’ Compensation Application,” which is hereby adopted and incorporated by reference. The form shall be completed and submitted to the carrier with which the employer wishes to contract for coverage.

(b) A carrier wishing to use its own application form shall submit the form electronically to the Florida Office of Insurance Regulation (Office) at http://www.floir.com/iportal, and receive approval prior to its use.

1. through 2. No change.

3. The application shall contain a sworn statement by the employer which complies with section 92.525, F.S., attesting to the accuracy of the information submitted.

4. The application shall contain a sworn statement by the agent which complies with section 92.525, F.S., attesting that the agent explained to the employer or officer the classification codes that are used for premium calculations.

(c) Each employer applying for workers’ compensation coverage in the Florida Workers’ Compensation Joint Underwriting Association (FWCJUA) shall use Form ACORD 130 FL (2019/07) ACORD Form 130-FL (rev. 2015-02) unless the FWCJUA files and receives approval by the Office of Insurance Regulation to use a different application form in accordance with paragraph (1)(b). The FWCJUA shall submit any addendum to the application to the Office and receive approval prior to using. The completed application and all addenda shall be submitted to the FWCJUA at the address on the form.

(d) Form ACORD 130 FL (rev. 2019/07) is available: The forms adopted in this subsection (1), may be obtained from the Office’s website at: http://www.floir.com/iportal.

1. From ACORD at https://www.acord.org/home; and,

2. For inspection during regular business hours at the Office of Insurance Regulation, Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0300.

(2)(a) No change.

(b) The employer shall sign the application. The applicant’s signature on the applicant form shall be notarized to the extent that such notarization complies with parts I and II of chapter 668, F.S. The carrier is authorized to require the producer’s signature to be notarized to the extent that such notarization complies with parts I and II of chapter 668, F.S.

(c) No change.

(d) It is permissible for insurers to accept electronic notarizations in satisfaction of the application notarization requirements to the extent that such acceptance of electronic notarizations complies with parts I and II of chapter 668, F.S.

(3) through (4) No change.

Rulemaking Authority 440.381, 624.308(1) FS. Law Implemented 440.105(4)(b)5., 440.381, 624.307, 624.424(1)(c) FS. History–New 8-1-91, Formerly 4-28.007, Amended 10-3-95, 10-10-96, 1-15-98, 11-21-00, 11-5-02, 9-22-03, Formerly 4-189.003, Amended 3-29-05, 3-10-10, _____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Michael Lawrence, Jr., Assistant General Counsel, Office of Insurance Regulation, [e-mail], [phone].

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Financial Services Commission

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 25, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 6, 2019