18126698, 69L-6.028 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 18126698

Notice of Proposed Rule

Department:

DEPARTMENT OF FINANCIAL SERVICES

Division:

Division of Workers' Compensation

Chapter:

WORKERS' COMPENSATION COMPLIANCE

Overview

RULE:

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

PURPOSE:

Proposed Rule 69L-6.028, F.A.C., clarifies time periods of employer non-compliance for penalty calculation purposes and also provides that the Department may impute the employer’s payroll as early as 10 business days following the employer’s receipt of a request to produce business records and any time thereafter. The rule is also amended to reflect the statutory revision reducing the imputed payroll multiplier from 2 times to 1.5 times the statewide average weekly wage. Proposed Rule 69L-6.035, F.A.C., broadens the scope of remuneration to employees to include the validation of expense reimbursements; employee classification code assignments for payroll calculation purposes; and remuneration occurring on the day a stop-work order is issued. The proposed rule also provides guidance regarding the required documentation associated with the aforementioned forms of remuneration. The proposed rules discussed above include additional technical changes.

SUMMARY:

Proposed Rule 69L-6.028, F.A.C., clarifies time periods for purposes of penalty calculation purposes and the imputation of payroll. Proposed Rule 69L-6.035, F.A.C., broadens the definition of remuneration to employees for purposes of payroll penalty calculation purposes.

RULEMAKING AUTHORITY:

440.107(9), 40.591, FS.

LAW:

440.107(7)(d)1., (e), FS.

PRINT PUBLISH DATE:

10/11/2016 Vol. 42/198

COMMENTS:

From 10/11/2016 To 11/1/2016 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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