Proposed Rule 69L-6.028, F.A.C., clarifies time periods of employer non-compliance for penalty calculation purposes, and provides that the Department may impute the employer’s payroll 10 business days following the employer’s receipt of the ...

 

DEPARTMENT OF FINANCIAL SERVICES

Division of Worker’s Compensation

RULE NOS.:RULE TITLES:

69L-6.028Procedures for Imputing Payroll and Penalty Calculations

69L-6.035Definition of Payroll for Calculating Penalty

PURPOSE AND EFFECT: Proposed Rule 69L-6.028, F.A.C., clarifies time periods of employer non-compliance for penalty calculation purposes, and provides that the Department may impute the employer’s payroll 10 business days following the employer’s receipt of the Department’s request to produce business records. The amendment to Rule 69L-6.035, F.A.C., further defines remuneration to employees, adding language to address the validation of expense reimbursements; remuneration occurring on the day a stop-work order is issued; and employee classification code assignments for payroll calculation purposes. The proposed rules also delete obsolete language and include additional technical changes.

SUBJECT AREA TO BE ADDRESSED: Proposed Rule 69L-6.028, F.A.C., establishes when the Department may commence the imputation of an employer’s payroll for purposes of penalty calculation; proposed Rule 69L-6.035, F.A.C., clarifies the definition of “remuneration” for purposes of penalty calculation.

RULEMAKING AUTHORITY: 440.107(9), 40.591 FS.

LAW IMPLEMENTED: 440.107(7)(d)1., (e) FS.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: Tuesday, June 7, 2016, 2:00 p.m.

PLACE: Room 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: Pamela Macon, telephone: [phone], email: [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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Pamela Macon, Assistant Chief, Bureau of Compliance, Division of Workers’ Compensation, Department of Financial Services, address: 200 E. Gaines Street, Tallahassee, Florida 32399-4228, telephone: [phone], email: [e-mail]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.