69L-6.026: Periodic Reports
PURPOSE AND EFFECT: The purpose of the proposed rule is to establish procedures for filing periodic reports by employers issued Stop-Work Orders for failing to comply with the coverage requirements of Chapter 440, F.S., where assessed penalties exceed $50,000.00. As a condition of release from a Stop-Work Order, subject employers must submit quarterly reports to the Department using new form DFS-F4-2018, “Bureau of Compliance Quarterly Report Form,” to document their continuing compliance with the coverage requirements of Chapter 440, F.S.
SUMMARY: The proposed rule provides guidance to employers regarding quarterly reports that must be submitted to the Department following an employer’s conditional release from a Stop-Work Order for violation of the coverage requirements of Chapter 440, F.S., where an assessed penalty exceeds $50,000.00. Following the conditional release from Stop-Work Order, subject employers are to utilize new form DFS-F4-2018 to file quarterly reports which document their ongoing compliance with the coverage requirements of Chapter 440, F.S.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: There will be certain minimal costs associated with the time and effort required by those entities and individuals required to comply with the proposed rule to prepare and submit a quarterly form to the Department. Based on recent historical data, less than 10% of all employers issued Stop-Work Orders will be required to comply with this proposed rule on an annual basis. There is no increase in projected costs to the Department as a result of this proposed rule.
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: 440.107(7)(a), 440.591 FS.
LAW IMPLEMENTED: 440.107 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: Thursday, July 15, 2010, 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 IS: Tasha Carter, Chief, Bureau of Compliance, Division of Workers’ Compensation, Department of Financial Services, 200 E. Gaines Street, Tallahassee, Florida 32399-4228, (850)413-1878 or Tasha.Carter@myfloridacfo.com
THE FULL TEXT OF THE PROPOSED RULE IS:
69L-6.026 Periodic Reports.
(1) Pursuant to Section 440.107(7)(a), F.S., as a condition of release from a Stop-Work Order, the Department shall require an employer that was issued a Stop-Work Order for failure to comply with the coverage requirements of Section 440.38, F.S., and was assessed a penalty in excess of $50,000, to submit periodic reports to the Department demonstrating the employer’s continued compliance with Chapter 440, F.S.
(2) If the Department determines that an employer meets the criteria in subsection (1), the employer must submit information to the Department for eight consecutive quarters that demonstrates the employer’s continued compliance with Chapter 440, F.S. Such information shall be submitted on the Bureau of Compliance Quarterly Report Form (DFS-F4-2018) or in an electronic format, via the Division’s website at http://www.myfloridacfo.com/WC/.
(a) The Department must receive the Bureau of Compliance Quarterly Report Form (DFS-F4-2018) no later than thirty days after the last day of each quarter. If the Bureau of Compliance Quarterly Report Form (DFS-F4-2018) is sent in an electronic format, the received date is the date the Bureau of Compliance Quarterly Report Form (DFS-F4-2018) is submitted to the Bureau and a confirmation is sent to the employer.
(b) The quarterly reporting periods are:
1. January 1 – March 31
2. April 1 – June 30
3. July 1 – September 30
4. October 1 – December 31
(3) An employer is required to submit its first Bureau of Compliance Quarterly Report Form (DFS-F4-2018) for the quarter in which the release or conditional release from the Stop-Work Order has been issued.
(4) If an employer fails to timely submit a complete Bureau of Compliance Quarterly Report Form (DFS-F4-2018), the Department is authorized to initiate an investigation upon the employer pursuant to Section 440.107, F.S.
(5) The Department hereby adopts and incorporates the following form by reference. Copies of the form can be obtained by writing to the Division of Workers’ Compensation, Bureau of Compliance, 200 East Gaines Street, Tallahassee, Florida 32399-4228.
(a) DFS-F4-2018 – Bureau of Compliance Quarterly Report Form.
Rulemaking Authority 440.107(7)(a), 440.591 FS. Law Implemented 440.107 FS. History–New________.