15638260, 69L-6.027 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 15638260

Notice of Proposed Rule

Department:

DEPARTMENT OF FINANCIAL SERVICES

Division:

Division of Workers' Compensation

Chapter:

WORKERS' COMPENSATION COMPLIANCE

Overview

RULE:

69L-6.027	Penalty Calculation Worksheet
69L-6.028	Procedures for Imputing Payroll and Penalty Calculations
69L-6.035	Definition of Payroll for Calculating Penalty

PURPOSE:

The amendment to Rule 69L-6.027 revises a penalty calculation worksheet to provide the premium credit for the initial payment of premium made to secure coverage against an assessed penalty and to adjust the penalty look back period and the penalty multiplier to conform to statutory changes. The amendment to Rule 69L-6.028 changes the timeframe to impute the employer’s payroll in the absence of business records from 20 to 28 days after receipt of the department’s request to produce records, and changes the factor to calculate employee payroll from 1.5 to 2 times state average weekly wage, to conform to section 440.107, Florida Statutes as it now reads. Also, the timeframe for the employer to provide additional records is revised to twenty business days after the service of the first amended order of penalty assessment. The amendment to Rule 69L-6.035 also changes the factor to calculate employee payroll from 1.5 to 2 times state average weekly wage, to conform to section 440.107, Florida Statutes, as it now reads. Additionally the amendments change citations in Rules 69L-6.028 and 69L-6.035 to reflect the current convention of naming to the specific subdivision cited.

SUMMARY:

The worksheet used to calculate penalties for failure to maintain required workers’ compensation coverage provides a credit against the assessed penalty for the initial premium payment made to secure coverage.  The time for an employer to produce records after a request from the department is 28 days.  If records are not produced in that time employee payroll is imputed to be two times the Florida average weekly wage.  The time period to produce additional records after service of the first amended order of penalty assessment is 20 days.

RULEMAKING AUTHORITY:

440.107(9), 40.591, F.S.

LAW:

440.107(7)(d)1., (e), F.S.

PRINT PUBLISH DATE:

2/6/2015 Vol. 41/25

COMMENTS:

From 2/6/2015 To 2/27/2015 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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