61G7-10.0014: Requirements for Evidence of Workers' Compensation Coverage
PURPOSE AND EFFECT: The proposed rule amendment is intended to incorporate a new form for reporting workers’ compensation coverage into the current version of the rule.
SUMMARY: The proposed rule amendment incorporates a new form for reporting workers’ compensation coverage into the current version of the rule.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 468.522, 468.529 FS.
LAW IMPLEMENTED: 468.529 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Richard Morrison, Executive Director, Board of Employee Leasing Companies, 1940 North Monroe Street, Tallahassee, Florida 32399-0767
THE FULL TEXT OF THE PROPOSED RULE IS:
61G7-10.0014 Requirements for Evidence of Workers’ Compensation Coverage.
(1) through (2) No change.
(3) Evidence which meets the requirements of subsection (2) above shall consist of:
(a) A statement, initially filed with the application and thereafter filed quarterly with annually at the same time that the statements provided for in Rule 61G7-10.001 61G7-10.0011, F.A.C., are submitted, which is signed by all of the controlling persons of the applicant or licensee and which attests that all leased employees in the State are covered by methods paragraph (2)(a) or (b) above; or
(b) If the employee leasing company performs its duties regarding workers’ compensation coverage utilizing method paragraph (2)(c) either alone or in combination with methods paragraph (2)(a) or (b), then the employee leasing company shall by submitting a written statement to the Department, initially filed with the application and thereafter quarterly with filed annually at the same time that the statements provided for in Rule 61G7-10.001 61G7-10.0011, F.A.C., are submitted, which has been executed by all of the controlling persons, the CEO, the CFO, and the Chairman of the Board of the employee leasing company. The statement shall include an attestation by the signing parties that the statement was executed after due inquiry of the employee leasing company’s books and records and that, after making such an inquiry, the signing persons have taken reasonable steps to ascertain that all leased employees have workers’ compensation coverage under methods paragraphs (2)(a)-(c) above. This statement shall be made on Form DBPR EL-4522 “Quarterly Compliance Form” (3-08) effective on_______, copies of which may be obtained from the Board office at 1940 North Monroe Street, Tallahassee, Florida 32399-0750 or from its website at http://www.myflorida.com/dbpr/pro/emplo/forms.html. The term “Reasonable Steps” as used herein is defined as requiring those persons making the above attestation, at a minimum.:
1. To receive and review a workers’ compensation certificate from all clients who are maintaining their own workers’ compensation policy, which certification on its face provides workers’ compensation coverage to such clients’ leased employees, and
2. To confirm that the client has reported that it has obtained such workers’ compensation coverage to the Florida Department of Insurance.
3. Moreover, if the client of the employee leasing company changes or cancels the policy issued to it by the client’s insurance carrier or if the client ceases providing workers’ compensation coverage under a lawful plan of self insurance, the employee leasing company shall file an additional statement with the Department which shall be in the same form as that provided for in subparagraph (3)(b)1. herein within 30 days of the change or cancellation of the policy or cessation of coverage under the lawful plan of self insurance.
(c) In addition to the foregoing, the statement shall set out the percentage of leased employees in the State which are covered by each of the methods set out in paragraphs (2)(a)-(c) above as of the date of the statement.
(d) The information and assertions contained in the statement shall be subject to audit and verification by the Department as per Section 468.535, F.S.
Specific Authority 468.522, 468.525, 468.529 FS. Law Implemented 468.525, 468.529 FS. History–New 11-25-02, Amended 3-26-03,_________.