Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 31 No. 49, December 9, 2005 issue of the Florida Administrative Weekly.

69L-6.031 Stop Work Orders in Effect Against Successor Corporations or Business Entities.

(1) Under Section 440.107(7)(b), F.S., stop work orders or orders of penalty assessment issued against a corporation, partnership, or sole proprietorship shall be in effect against any successor corporation or business entity that has one or more of the same principals or officers as the predecessor corporation or business entity against which the stop work order was issued and are engaged in the same or equivalent trade or activity.

(a) For employers engaged in the construction industry, a corporation, partnership, or sole proprietorship and the successor corporation or business entity that has been issued a stop work order or order of penalty assessment, are engaged in the same or equivalent trade or activity if they each perform or have performed business operations that include operations described in at least one classification code listed in Rule 69L-6.021, F.A.C.

(b) For employers engaged in the non-construction industry, a corporation, partnership, or sole proprietorship and the successor corporation or business entity that has been issued a stop work order or order of penalty assessment, are engaged in the same or equivalent trade or activity if they each perform or have performed business operations that include operations described in at least one classification code that is in the manufacturing, goods and services, or the office and clerical industry group listed in subsection (6) of this rule.

(c) For employers that perform business operations described by one of the classification codes in the miscellaneous industry groups listed in subsection (6) of this rule, a corporation, partnership, or sole proprietorship and the successor corporation or business entity that has been issued a stop work order or order of penalty assessment, are engaged in the same or equivalent trade or activity if they each perform or have performed the same business operation described in one of the classification codes contained in the miscellaneous industry groups.

(2) A stop work order or order of penalty assessment issued against a corporation, partnership, or sole proprietorship becomes effective against a successor corporation or business entity that has one or more of the same principals, directors, officers, partners, or shareholders with a 10% or greater interest, including any “affiliated person” as defined in Section 440.05(15), F.S., in common with the predecessor corporation or business entity against which the original stop work order or order of penalty assessment was issued and is engaged in the same or equivalent trade or activity, through service on the successor corporation or business entity of an order applying a stop work order or order of penalty assessment to successor corporation or business entity. The order applying a stop work order or order of penalty assessment to successor corporation or business entity remains in effect until withdrawn by the department.

(3) In the event one of the following three criteria are satisfied, the department will withdraw an order applying a stop work order or order of penalty assessment:

(a) The department must have released the stop work order or order of penalty assessment in effect against the predecessor corporation, partnership, or sole proprietorship that has one or more of the same principals, officers, directors, partners, or shareholders with a 10% or greater interest, in common with the successor corporation or business entity.

(b) The principal, officer, director, partner, or a shareholder with a 10% or greater interest in the successor corporation or business entity against which the stop work order or order of penalty assessment has been served, must formally disassociate himself or herself from the predecessor corporation, partnership, or sole proprietorship by providing the department with the following:

1. Records obtained from the Florida Department of State, Division of Corporations, indicating that no person or entity affiliated with the successor corporation or business entity holds any position as an officer, director, or shareholder with a 10% or greater interest in the predecessor corporation or business entity.

2. A written statement from the current management of the predecessor corporation or business entity affirmatively acknowledging that no person affiliated with the successor corporation or business entity is engaged in any policy or decision-making capacity with the predecessor corporation or business entity.

3. Copies of the successor corporation or business entity’s business records for review by the department.

(c) The successor corporation or business entity and the predecessor corporation, partnership, or sole proprietorship that has been issued a stop work order or order of penalty assessment, must no longer be engaged in the same or equivalent trade or activity, as determined by the department, pursuant to the codes from subsection (6) of this rule.

(4) An order applying a stop work order or order of penalty assessment shall take effect when served upon the employer or, for a particular worksite, when served at that worksite.

(5) Under Section 440.107(7)(c), F.S., the department shall assess a penalty of $1,000 per day against an employer for each day that the employer conducts business operations in violation of an order applying stop work order or order of penalty assessment.

(6) List of class codes, deions, and industry groups. A complete deion of class codes is contained in the SCOPES® Manual Classifications (October 2005) published by the National Council on Compensation Insurance, Inc. (NCCI) and is available for viewing through the Division of Workers' Compensation, Bureau of Compliance, 2012 Capital Circle, S.E., Hartman Building, Tallahassee, Florida 32399-4228 or a copy is available, for a fee, by calling NCCI at 1(800)622-4123. The SCOPES® list of codes, deions and industry groups is as follows:

(a) Industry Group: Manufacturing

Class Deion

1. through 3. No change.

4. 1463 ASPHALT WORKS OPERATED BY PAVING CONTRACTORS-PERMANENT LOCATION & DRIVERS

5. through 9. No change.

10. 1741 FLINT OR SPAR GRINDING & DRIVERS

11. through 21.No change.

22. 2014 GRAIN OR FEED MILLING

23. 2016 CEREAL OR BAR MFG

24. through 25. No change.

26. 2041 CANDY, CHOCOLATE, AND CONFECTION MFG

27. No change.

28. 2070 CREAMERY OR DAIRY & ROUTE SUPERVISORS, DRIVERS

29. through 40. No change.

41. 2150 ICE MFG OR ICE DEALERS

42. through 49. No changes.

50. 2300 PLUSH OR VELVET MFG

51. through 61. No change.

62. 2501 CLOTH, CANVAS AND RELATED PRODUCTS MFG NOC

63. through 65. No change.

66. 2576 CANVAS GOODS, MTG.-NOC-SHOP

67. through 71. No change.

72. 2623 LEATHER MFG-INCLUDING TANNING, LEATHER EMBOSSING, AND WOOL PULLING

73. through 77. No change.

78. 2710 SAWMILL

79. through 81. No change.

82. 2759 PALLET, BOX OR BOX SHOOK MFG WOODEN

83. through 90. No change.

91. 2883 FURNITURE MTG.-WOOD-NOC

83. through 104. No change.

105. 3041 IRON OR STEEL: FABRICATION: IRON WORKS-SHOP-DECORATIVE OR ARTISTIC- & FOUNDRIES & DRIVERS

106. No change.

107. 3064 SIGN MANUFACTORING-METAL

108. through 114. No change.

115. 3113 TOOL MFG-NOT DROP OR MACHINE FORGED-NOC

116. 3114 TOOL MFG-DROP OR MACHINE FORGED-NOC: MACHINING OR FINISHING OF TOOLS OR DIE MAKING OPERATIONS

117. through 131. No change.

132. 3224 ENAMEL WARE MFG

133. through 179. No change.

180. 4021 BRICK OR CLAY PRODUCTS MFG NOC & DRIVERS

181. through 182. No change.

183. 4036 PLASTERBOARD OR PLASTER BLOCK MFG & DRIVERS

184. through 205. No change.

206. 4273 BAG MFG-PLASTIC OR PAPER

207.through 215. No change.

216. 4360 MOTION PICTURE: DEVELOPMENT OF NEGATIVES, PRINTING AND ALL SUBSEQUENT OPERATIONS

217.through 218. No change.

219. 4431 PHONOGRAPH RECORD MFG MAGNETRIC AND OPTICAL RECORDING & MEDIA MFG.

220.through 233. No change.

234. 4611 DRUG, MEDICINE OR PHARMACEUTICAL PREPARATION, COMPOUNDING, OR BLENDING-NO MTG. OF INGREDIENTS

235.through 251. No change.

252. 4825 DRUG, MEDICINE OR PHARMACEUTICAL PREPARATION MFG & INCLUDES MFG OF INGREDIENTS

253.through 264. No change.

(b) Industry Group: Contracting

1. through 2. No change.

3. 1322 OIL OR GAS WELL: CLEANING OR SWABBING OF OLD WELLS HAVING PREVIOUSLY PRODUCED GAS OR OIL – BY CONTRACTOR – NO DRILLING – & DRIVERS

4.through 13. No change.

14. 5069 IRON OR STEEL: ERECTION-CONSTRUCTION OF DWELLINGS NOT OVER TWO STORIES IN HEIGHT

15. through 24. No change.

25. 5223 SWIMMING POOL CONSTRUCTION, – NOT IRON OR STEEL - & DRIVERS

26. 5348 TILE, STONE, MOSAIC OR TERRAZZO WORK-INSIDE CERAMIC TILE,INDOOR STONE, MARBLE, OR MOSAIC WORK

27. No change.

28. 5403 CARPENTRY- NOC

29. through 32. No change.

33. 5472 ASBESTOS REMOVAL OPERATIONS: CONTRACTOR-PIPE AND BOILER WORK EXCLUSIVELY & DRIVERS

34. 5473 ASBESTOS REMOVAL OPERATIONS: CONTRACTOR-NOC & DRIVERS

35. No change.

36. 5478 FLOOR COVERING INSTALLATION – RESILENT FLOORING – CARPET AND LAMINATE FLOORING

37. through 42. No change.

43. 5509 STREET OR ROAD MAINTENANCE CONSTRUCTION, OR RECONSTRUCTION BY STATE, COUNTY OR MUNICIPAITY- ALL EMPLOYEES & DRIVERS

44. 5536 HEATING AND AIR CONDITIONING DUCT WORK – SHOP & OUTSIDE

45. through 47. No change.

48. 5606 CONTRACTOR- PROJECT MANAGER, CONSTRUCTION EXECUTIVE, CONSTRUCTION MANAGER OR CONSTRUCTION SUPERINTENDENT

49. 5610 CLEANER - DEBRIS REMOVAL

50.through 52. No change.

53. 5703 BUILDING RAISING OR MOVING

54. No change.

55. 6003 PILE DRIVING

56. through 57. No change.

58. 6018 DAM OR LOCK CONSTRUCTION: EARTHMOVING OR PLACING-ALL OPERATIONS & DRIVERS

59. through 61. No change.

62. 6213 OIL OR GAS WELL: SPECIALTY TOOL OPERATION NOC-BY CONTRACTOR-ALL EMPLOYEES & DRIVERS

63. through 64. No change.

65. 6217 EXCAVATION & DRIVERS NOC

66. through 82. No change.

83. 7613 TELEPHONE OR CABLE TV LINE INSTALLATION-CONTRACTORS, SERVICE LINES AND CONNECTIONS & DRIVERS

84. 7855 RAILROAD CONSTRUCTION: LAYING OR RELAYING OF TRACKS OR MAINTENANCE OF WAY BY CONTRACTORS – NO WORK ON ELEVATED RAILROADS & DRIVERS

85. No change.

86. 9534 MOBILE CRANE AND HOISTING SERVICE CONTRACTORS-NOC-ALL OPERATIONS-INCLUDING YARD EMPLOYEES AND DRIVERS

87. 9554 SIGN INSTALLATION, MAINTENANCE, REPAIR, REMOVAL, OR REPLACEMENT- NOC & DRIVERS

1. through 3. No change.

4. 8721 REAL ESTATE APPRAISAL COMPANY – OUTSIDE EMPLOYEES

5. 8742 SALESPERSONS OR COLLECTORS – OUTSIDE

6. through 18. No change.

19. 9012 BUILDINGS – OPERATION BY OWNER, LESSEE, OR REAL ESTATE MANAGEMENT FIRM: PROFESSIONAL EMPLOYEES, PROPERTY MANAGERS AND LEASING AGENTS & CLERICAL SALESPERSONS

20. No change.

(d) Industry Group: Goods & Services.

1. through 32. No change.

33. 8006 GASOLINE STATION: SELF-SERVICE AND CONVENIENCE/ GROCERY-RETAIL

34. through 36. No change.

37. 8015 QUICK PRINTING-COPYING OR DUPLICATING SERVICE – ALL EMPLOYEES & CLERICAL, SALESPERSONS

38. through 45. No change

46. 8045 STORE: DRUG – RETAIL

47. 8046 STORE: AUTOMOBILE PARTS AND ACCESSORIES – NOC & DRIVERS

48. through 51. No change.

52. 8072 STORE: BOOK, RECORD, COMPACT DISC, SOFTWARE, VIDEO OR AUDIO CASSETTE - RETAIL

53. through 54. No change.

55. 8105 STORE: HIDE OR LEATHER DEALER

56. through 59. No change.

60. 8203 ICE MFG. OR DISTRIBUTION DRIVERS

61. through 62. No change.

63. 8215 FEED, FERTILIZER, HAY, OR GRAIN DEALER & LOCAL MANAGERS, DRIVERS – NO MFG

64. 8232 LUMBERYARD NEW MATERIALS ONLY: ALL OTHER EMPLOYEES & YARD, WAREHOUSE, DRIVERS

65. through 69. No change.

70. 8273 HORSE BREEDING INVOLVING STALLIONS & DRIVERS

71. 8274 HORSE BREEDING NOT INVOLVING STALLIONS & DRIVERS

72. through 82. No change.

83. 8392 AUTOMOBILE STORAGE GARAGE, PARKING LOT OR PARKING STATION, VALET SERVICE, CASHIERS OR COUNTER PERSONNEL & DRIVERS

84. 8393 AUTOMOBILE BODY REPAIR

85. through 86. No change.

87. 8719 STEVEDORING: TALLIERS AND CHECKING CLERKS ENGAGED IN CONNECTION WITH STEVEDORE WORK

88. No change.

89. 8745 NEWS AGENT OR DISTRIBUTOR OF MAGAZINES OR OTHER PERIODICALS-NOT RETAIL DEALER- & SALESPERSONS, DRIVERS

90. through 94. No change.

95. 8835 NURSING-HOME HEALTH, PUBLIC AND TRAVELING HEALTHCARE – ALL EMPLOYEES

96. through 99. No change.

100. 9015 BUILDINGS-OPERATION-BY OWNER, LESSEE, OR REAL ESTATE MANAGEMENT FIRM: ALL OTHER EMPLOYEES

101. 9016 AMUSEMENT PARK OR EXHIBITIONS OPERATIONS & DRIVERS

102. through 114. No change.

115. 9093 BOWLING LANE

116. through 119. No change.

120. 9516 RADIO, TELEVISION, VIDEO, AND AUDIO EQUIPMENT INSTALLATION SERVICE OR REPAIR & DRIVERS

121. 9519 HOUSEHOLD AND COMMERCIAL APPLIANCES-ELECTRICAL- INSTALLAION, SERVICE OR REPAIR & DRIVERS

122. 9586 BARBERSHOP, BEAUTY PARLOR OR HAIRSTYLING SALON

123. No change.

(e) Industry Group: Miscellaneous

1. 0106 TREE PRUNING, SPRAYING, REPAIRING, – ALL OPERATIONS & DRIVERS

2. through 12. No change.

13. 4000 SAND OR GRAVEL DIGGING & DRIVERS

14. 6811 BOATBUILDING-WOOD-NOC & DRIVERS

15. 6834 BOATBUILDING OR REPAIR & DRIVERS

16. No change.

17. 6838 BOATBUILDING OR REPAIR – FIBERGLASS ONLY – & DRIVERS

18. 6854 SHIPBUILDING-IRON OR STEEL – NOC & DRIVERS

19. No change.

20. 6884 PAINTING: SHIP HULLS

21. through 22. No change.

23. 7205 HORSE TRAINING

24. through 26. No change.

27. 7231 TRUCKING: MAIL, PARCEL OR PACKAGE DELIVERY AND COURIER OR MESSENGER SERVICE COMPANIES – ALL EMPLOYEES & DRIVERS

28. 7232 TRUCKING: MAIL PARCEL OR PACKAGE DELIVERY – UNDER CONTRACT WITH THE U.S. POSTAL SERVICE – ALL EMPLOYEES & DRIVERS

29. through 30. No change.

31. 7380 DRIVERS, CHAUFFEURS, MESSENGERS, AND & THEIR HELPERS NOC-COMMERCIAL

32. through 33. No change.

34. 7403 AIRCRAFT OR HELICOPTER OPERATION: AIR CARRIER-SCHEDULED OR SUPPLEMENTAL: ALL OTHER EMPLOYEES & DRIVERS

35. 7405 AIRCRAFT OR HELICOPTER OPERATION: AIR CARRIER-SCHEDULED OR SUPPLEMENTAL: FLYING CREW

36. 7409 AIRCRAFT OR HELICOPTER OPERATION: AERIAL APPLICATION, SEEDING, HERDING OR SCINTILLOMETER SURVEYING: FLYING CREW

37. 7420 AIRCRAFT OR HELICOPTER OPERATION: PUBLIC EXHIBITION INVOLVING STUNT FLYING, RACING OR PARACHUTE JUMPING: FLYING CREW

38. 7421 AIRCRAFT OR HELICOPTER OPERATION: TRANSPORTATION OF PERSONNEL IN CONDUCT OF EMPLOYER’S BUSINESS: FLYING CREW

39. 7422 AIRCRAFT OR HELICOPTER OPERATION: NOC- OTHER THAN HELICOPTERS: FLYING CREW

40. 7423 AIRCRAFT OR HELICOPTER OPERATION: AIR CARRIER- COMMUTER: ALL OTHER EMPLOYEES & DRIVERS

41. through 59. No change.

60. 9186 CARNIVAL, CIRCUS OR AMUSEMENT DEVICE OPERATOR-TRAVELING-ALL EMPLOYEES & DRIVERS

61. through 62. No change.