DEPARTMENT OF FINANCIAL SERVICES
Division of Workers’ Compensation
RULE NO.:RULE TITLE:
69L-5.217Civil Penalties and Fines
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. 44 No. 166, August 24, 2018 issue of the Florida Administrative Register.
These changes are being made to address written comments received within 21 days after publication of the notice of hearing and to provide clarification when calculating the civil penalties and fines by deleting outdated application of the rule text.
(1) Civil Penalties for Delinquent Reports – Failure to timely file legible and complete forms, reports, or documents as required by Section 440.38(2)(b), F.S., or these rules, shall subject the party required to file such form, report, or document to assessment by the Department of a civil penalty. For purposes of this rule, a form, report, or document is considered timely filed if postmarked on or before the due date prescribed in this rule. Reports submitted by a Qualified Servicing Entity on behalf of the self-insurer shall be treated as if they were submitted by the self-insurer directly.
(a) Late filed forms, reports, and documents required pursuant to this rule shall be penalized as follows:
1. through 3. No change.
4. For periods greater than sixty (60) days, $50.00 per day from the required filing date. Total penalties assessed under this rule section for a single late filed form, report, or document shall not exceed $5,000.
(b) No change.
(c) Any self-insurer that has been assessed penalties in excess of the amounts specified in paragraph (1)(a) herein since October 21, 2012, will have the penalty amount recalculated pursuant to paragraph (1)(a). If the self-insurer has already paid penalties to the Department, the Department shall refund the difference between the penalties paid and those recalculated under paragraph (1)(a) to the self-insurer, unless the self-insurer owes any outstanding, unpaid penalties to the Department. Any outstanding, unpaid penalties must be paid in full prior to any refund being issued by the Department.
(2) through (6) No change.
