The proposed rule will implement applicable sections of Chapter 2014-109, Laws of Florida. Chapter 2014-109, Laws of Florida, amends section 440.107, Florida Statutes. This provision of Chapter 2014-109, Laws of Florida, after receipt of a ...

 

DEPARTMENT OF FINANCIAL SERVICES

Division of Worker’s Compensation

RULE NO.:RULE TITLE:

69L-6.029Employer Worksites

PURPOSE AND EFFECT: The proposed rule will implement applicable sections of Chapter 2014-109, Laws of Florida. Chapter 2014-109, Laws of Florida, amends Section 440.107, Florida Statutes. This provision of Chapter 2014-109, Laws of Florida, after receipt of a written request from the DFS, increases the time within which an employer must produce requested business records or be subject to a Stop-Work Order from five (5) business days to ten (10) business days. The bill became effective July 1, 2014.

SUMMARY: The proposed rule will increase the time within which an employer must produce requested business records from five (5) business days to ten (10) business days.

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: There is neither a cost nor an exemption from cost associated with this rule amendment. The rule amendment should reduce the regulatory burden on the private sector by making the records production requirement more flexible. As a result, better compliance by employers will result in the assessment of fewer penalties.

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: 440.107, 440.591 FS.

LAW IMPLEMENTED: 440.107 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, January 7, 2015, 9:00 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-6.029 Employer Worksites.

(1) through (2) No change.

(3) The worksites for which an employer is not in compliance shall be determined as follows:

(a) through (b) No change.

(c) If the employer failed to produce the required business records within ten five business days after receipt of the written request of the department, all worksites of the employer in the state are not in compliance and the stop work order shall be in effect for all the employer’s worksites requiring the cessation of all business operations for such employer in the state.

(d) through (g) No change.

(4) A penalty assessed under subparagraph Section 440.107(7)(d)1., F.S., that exceeds the statutory minimum penalty shall include the employer’s payroll and any violations of Section 440.107, F.S., for all its worksites where the employer is not in compliance.

Rulemaking Specific Authority 440.107(9), 440.591 FS. Law Implemented 440.107(7)(a), 440.107(7)(d)1. FS. History–New 1-11-06, Amended__________.

 

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: November 18, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 25, 2014