28450408, 69O-189.003 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 28450408

Notice of Proposed Rule

Department:

DEPARTMENT OF FINANCIAL SERVICES

Division:

OIR – Insurance Regulation

Chapter:

WORKERS' COMPENSATION

Overview

RULE:

69O-189.003

Workers' Compensation: Application and Audit Procedures

PURPOSE:

This rulemaking will implement the changes made to section 440.381, F.S., by chapter 2022-138, L.O.F., requiring annual physical onsite audits when the workers compensation policy premium for employers with construction classes exceeds $10,000. In addition, the draft fixes references to the “National Council on Compensation Insurance’s (NCCI) Basic Manual, Florida State Special Audit Rules,” and adds language regarding the copyright on that document, as well as directions on how to access forms via web addresses.

SUMMARY:

The proposed amendments will implement the changes made to section 440.381, F.S., by chapter 2022-138, L.O.F., requiring annual physical onsite audits when the workers compensation policy premium for employers with construction classes exceeds $10,000. The proposal also clarifies that the wording “voluntary market minimum audit requirements” to mean the “National Council on Compensation Insurance’s (NCCI) Basic Manual, Florida State Special Audit Rules,” which is the industry standard. The proposal adds references to where that manual may be found, and includes language required when referencing documents protected by federal copyright. All references to forms have been updated to include web addresses for quick access. Finally, the proposal removes wording requiring all employers and carriers to comply with the FWCJUA minimum audit requirements “as applicable” from (4)(a). These requirements are only applicable to the entities listed in (4)(c) and are more properly referenced there.

RULEMAKING AUTHORITY:

440.381, 624.308(1) FS.

LAW:

440.105(4)(b)5., 440.381, 624.307, 624.424(1)(c) FS.

PRINT PUBLISH DATE:

6/14/2024 Vol. 50/117

COMMENTS:

From 6/14/2024 To 7/5/2024 (21 Days)

REFERENCE MATERIALS:

No reference(s).

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