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, 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.
SUMMARY: The proposed rule amendment provides for the immediate revocation of the Certificate of Election to be Exempt for any corporation or LLC that remains dissolved or inactive after 90 days from the date of its dissolution or a change in status. The proposed amendment also provides for the immediate revocation of certificates issued to persons named on certificates issued to persons that are no longer meeting the certificate’s issuance requirements.
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: 440.05(9), 440.591 FS.
LAW IMPLEMENTED: 440.02(15), 440.05 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: Wednesday, October 14, 2009, 10:00 a.m.
PLACE: Room 104 J, Hartman Bldg., 2012 Capital Circle S.E., Tallahassee, FL
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 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 FULL TEXT OF THE PROPOSED RULE IS:
69L-6.012 Notice of Election to be Exempt.
(1) through (14) No change.
(15)(a) If a corporation or limited liability company that is named on any Certificate of Election to be Exempt remains dissolved or inactive after 90 days of the date of its dissolution, the Certificate(s) of Election to be Exempt is immediately revoked by operation of law. Any corporation or limited liability company that is dissolved or inactive shall have 90 days from the effective date of this rule within which to be reinstated before any Certificate of Election to be Exempt naming a dissolved or inactive corporation or limited liability company is revoked by operation of law. In addition, if at any time, the person named on the Certificate of Election to be Exempt no longer meets the requirements for issuance of the certificate, such Certificate of Election to be Exempt is revoked by operation of law. Dissolution of the corporation or limited liability company named on the Certificate of Election to be Exempt (DWC 252) or the person named on the Certificate of Election to be Exempt no longer being a corporate officer or member of the corporation or limited liability company listed on the Certificate of Election to be Exempt will result in initiation of proceedings by the Department to revoke the Certificate of Election to be Exempt.
(b) A corporation or limited liability company that is named on any Certificate of Election to be Exempt that is revoked by operation of law shall have 30 days from the date of the revocation within which to petition the Department to review the revocation or in the alternative, file a notice of appeal pursuant to Section 120.68, F.S. and Rule 9.110, Florida Rules of Appellate Procedure.
Rulemaking Specific Authority 440.05(9), 440.591 FS. Law Implemented 440.02(15), 440.05 FS. History–New 5-28-91, Amended 2-15-94, 12-28-97, 2-2-00, 9-6-01, Formerly 38F-6.012, Amended 3-26-03, Formerly 4L-6.012, Amended 4-21-04, 10-30-06, 12-31-07,_________.