Notice of Development of Rulemaking

DEPARTMENT OF FINANCIAL SERVICES
Division of Worker's Compensation
RULE NO: RULE TITLE
69L-6.012: Notice of Election to be Exempt
PURPOSE AND EFFECT: Proposed rule amendment to delete and replace all language in subsection 69L-6.012(15), F.A.C., and add a new paragraph 69L-6.012(15)(a), F.A.C. The proposed new language in subsection 69L-6.012(15), F.A.C., provides that when a corporation or limited liability company named on any Certificate of Election to be Exempt remains dissolved or inactive after 90 days from the date of its dissolution or its change in status, the Certificate of Election to be Exempt is immediately revoked by operation of law. Additional language also provides that when a person named on a Certificate of Election to be Exempt no longer meets the issuance requirements of the certificate, such certificate is revoked by operation of law. New paragraph 69L-6.012(15)(a), F.A.C., provides guidance regarding a corporation or limited liability company’s right to petition the Department to review the revocation of its Certificate of Election to be Exempt or to file an appeal pursuant to Section 120.68, F.S. The proposed rule amendment advances the statutory mandate to facilitate the self-execution of workers’ compensation law pursuant to Chapter 440, F.S.
SUBJECT AREA TO BE ADDRESSED: Amendment making the revocation of Certificates of Election to be Exempt an operation of law for any dissolved corporation or limited liability company that continues to remain dissolved or inactive 90 days after the date of its dissolution or when it became inactive. Also provides for the revocation by operation of law of any Certificate of Election to be Exempt where the person named on the certificate no longer meets the requirements for issuance of the certificate.
SPECIFIC AUTHORITY: 440.05(9), 440.591 FS.
LAW IMPLEMENTED: 440.02(15), 440.05 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:
TIME AND DATE: Thursday, July 16, 2009, 10:00 a.m.
PLACE: 104J, 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: Tasha Carter, (850)413-1878 or Tasha.Carter@myfloridacfo.com. 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: Tasha Carter, Bureau Chief, Bureau of Compliance, Division of Workers’ Compensation, Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399-4228, phone (850)413-1878

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