: This rule requires carriers to furnish employers with a compensation notice, commonly referred to as the "broken arm poster" and incorporates the English version of the anti-fraud reward program notice. This rule is being ....

 

DEPARTMENT OF FINANCIAL SERVICES

Division of Workers' Compensation

RULE NO.:RULE TITLE:

69L-6.007Compensation Notice

PURPOSE AND EFFECT: This rule requires carriers to furnish employers with a compensation notice, commonly referred to as the "broken arm poster" and incorporates the English version of the anti-fraud reward program notice. This rule is being amended to allow the compensation notice to be electronically sent to the employer; reduce the required size of the compensation notice to 8½ inches by 11 inches; allow the compensation notice to be posted separately or as a part of a Florida and federal labor law poster; and make other necessary updates.

SUMMARY: Updates to forms required by this rule, their posting requirements, and other necessary updates.

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: 440.40, 440.591 FS.

LAW IMPLEMENTED: 440.40 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: October 27, 2021 at 9:30 A.M.

PLACE: 1579 Summit Lake Drive, Room 155, Tallahassee, FL

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: Pamela 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: Pamela Macon, Chief, Bureau of Compliance, 1579 Summit Lake Drive, Tallahassee, FL 32317, [phone], [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

69L-6.007 Compensation Notice; Anti-Fraud Reward Program Notice.

(1)(a) Upon issuance of an insurance policy or certificate of membership in a self-insurance fund or a renewal certificate thereof, the insurer or self-insurance servicing agent shall electronically send the compensation notice to the employer or furnish the employer with a sufficient number of typewritten or printed compensation notices, commonly referred to as the “broken arm poster.” The compensation notice shall be printed on paper or cardboard stock in a size no less than 8½ 11 inches by 11 17 inches, and have the same form and content as Form DFS-F4-1548, “Workers’ Comp Works For You Poster,” (Rev. 3/10), or Form DFS-F4-2026, “Compensación por accidentes de trabajo labora para usted Poster,” (Rev. 3/10), which are incorporated herein by reference. Form DFS-F4-1548 can be found at the following link: https://www.flrules.org/gateway/reference.asp?No=Ref-____; or on the Division’s website at: https://www.myfloridacfo.com/Division/WC/PublicationsFormsManualsReports/Brochures/Broken_Arm_Eng.pdf. Form DFS-F4-2026 can be found at the following link: https://www.flrules.org/gateway/reference.asp?No=Ref-____; or on the Division’s website at: https://www.myfloridacfo.com/Division/WC/PublicationsFormsManualsReports/Brochures/Broken_Arm_Span.pdf. The compensation notice may be posted separately or may be included as a part of a Florida and federal labor law poster.

(b) As an alternative to having the Anti-Fraud Reward Program language in the poster itself, the employer may elect to attach the Anti-Fraud Reward Program Notice to the poster on a separate piece of paper, with the same form and content as Form DFS-F4-1603 DFS-L2-1549, “Anti-Fraud Reward Program Notice,” (Eff. 8/2021 Rev 12/02), or Form DFS-F4-1604, “Programa de Recompesa en contra del Fraud,” (Eff. 8/2021), which are is incorporated herein by reference. Form DFS-F4-1603 can be found at the following link: https://www.flrules.org/gateway/reference.asp?No=Ref-____; or on the Division’s website at: <insert Division website address>. Form DFS-F4-1604 can be found at the following link: https://www.flrules.org/gateway/reference.asp?No=Ref-____; or on the Division’s website at: <insert Division’s website address>.

(2) through (4) No change.

(5) Printers, insurers, self-insurers or self-insurance funds may obtain an electronic version of the art work for the compensation notices and the anti-fraud reward program notices from the Division’s website at https://www.myfloridacfo.com/Division/WC/.

Rulemaking Authority 440.40, 440.591 FS. Law Implemented 440.40 FS. History–New 11-20-79, Amended 4-15-81, 1-2-86, Formerly 38F-6.07, Amended 2-2-00, Formerly 38F-6.007, Amended 3-26-03, Formerly 4L-6.007, Amended 1-30-11, 2-15-16, __________.

 

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: September 27, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 12, 2021