Notice of Proposed Rule

DEPARTMENT OF FINANCIAL SERVICES
Division of Worker's Compensation
Rule No.: RULE TITLE
69L-6.007: Compensation Notice
PURPOSE AND EFFECT: Section 440.40, F.S., requires every employer who has secured workers’ compensation insurance to post in its place of business a workers' compensation notice and an Anti-Fraud Reward Program notice. Section 440.40, F.S., also authorizes the Department, by rule, to prescribe the form of the notices and to require carriers to provide the notices to policyholders. Currently, Rule 69L-6.007, F.A.C., requires carriers to furnish employers with a compensation notice, commonly referred to as the “broken arm poster” and incorporates the Anti-Fraud Reward Program notice poster. The purpose of the proposed rule amendment is to update the rule and adopt the revised workers' compensation notice posters, including the Spanish version of the poster.
SUMMARY: The proposed amendments update Rule 69L-6.007, F.A.C., and adopt the revised workers’ compensation “broken arm posters.”
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: 440.40, 440.591 FS.
LAW IMPLEMENTED: 440.40 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: October 11, 2010, 9:00 a.m.
PLACE: Room 104J, Hartman Building, 2012 Capital Circle S.E., 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 at (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, 2012 Capital Circle S.E., Tallahassee, Florida 32399, (850)413-1878

THE FULL TEXT OF THE PROPOSED RULE IS:

69L-6.007 Compensation Notice.

(1) Upon issuance of an insurance policy or certificate of membership in a self-insurance fund or a renewal certificate thereof, the insurer or self-insurance servicing agent shall furnish the employer a sufficient number of typewritten or printed compensation notices, commonly referred to as the “broken arm poster.” The compensation notice shall be printed on paper or cardboard stock 11 inches by 17 inches, and have the same form and content as Form DFS-F4-1548 DI4-1548, “Workers’` Comp Works For You Poster,” (Rev. 03/10 12/02) or Form DFS-F4-2026, “Compensación por accidentes de trabajo labora para usted Poster,” (Rev. 03/10), which are is incorporated herein by reference. As an alternative to having the Anti-Fraud Reward Program language in the poster itself, the employer may elect to attach the Anti-Fraud Reward Program Notice to the poster on a separate piece of paper, with the same form and content contract as Form DFS-L2-1549 DI4-1549, “Anti-Fraud Reward Program Notice,” (Rev. 12/02), which is incorporated herein by reference.

(2) through (4) No change.

(5) Printers, insurers, self-insurers or self-insurance insurer funds may obtain an electronic version of the art work for the compensation notices from the Division’s website at http://www.myfloridacfo.com/WC/.:

The Florida Division of Workers’ Compensation

Customer Service Center

200 East Gaines Street

Tallahassee, FL 32399-4227

(6) For a transitional period of 90 days from the effective date of this rule, an insurer or self-insurance servicing agent may use the “broken arm” posters identified and adopted in subsection 69L-6.007(1), F.A.C., or the corresponding poster(s) in effect prior to the adoption of this rule. After the completion of the 90 day transitional period, only the posters adopted in this rule may be used.

Rulemaking Specific Authority 440.40, 440.591 FS. Law Implemented 440.40 FS. History–New 11-20-79, Amended 4-15-81, 1-2-86, Formerly 38F-6.07, Amended 2-2-00, Formerly 38F-6.007, Amended 3-26-03, Formerly 4L-6.007, Amended_________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Tasha Carter, Chief, Bureau of Compliance
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Alex Sink, Chief Financial Officer
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 26, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June 11, 2010