Changes to 69L6.027 69L6.028 and 69L6.035

The following notice was published last week, Page 5108, Volume 40, Number 227, November 21, 2014

DEPARTMENT OF FINANCIAL SERVICES

Division of Worker’s Compensation

RULE NOS.: RULE TITLES:

69L-6.027 Penalty Calculation Worksheet

69L-6.028 Procedures for Imputing Payroll and Penalty

Calculations

69L-6.035 Definition of Payroll for Calculating Penalty

PURPOSE AND EFFECT: The amendment to Rule 69L-6.027, F.A.C., revises a penalty calculation worksheet to provide the premium credit for the initial payment of premium made to secure coverage against an assessed penalty and to adjust the penalty look back period and the penalty multiplier to conform to statutory changes. The amendment to Rule 69L-6.028, F.A.C., changes the time frame to impute the employer’s payroll in the absence of business records from 20 to 28 days after receipt of the department’s request to produce records, and changes the factor to calculate employee payroll from 1.5 to 2 times state average weekly wage, to conform to Section 440.107, Florida Statutes as it now reads. Also, the timeframe for the employer to provide additional records is revised to twenty business days after the service of the first amended order of penalty assessment. The amendment to Rule 69L-6.035, F.A.C., also changes the factor to calculate employee payroll from 1.5 to 2 times state average weekly wage, to conform to Section 440.107, Florida Statutes as it now reads. Additionally the amendments change citations in Rules 69L-6.028 and 69L-6.035, F.A.C., to reflect the current convention of naming to the specific subdivision cited. SUBJECT AREA TO BE ADDRESSED: The subject area to be addressed is amending Rules 69L-6.027, 69L-6.028, and 69L-6.035, F.A.C. to conform to Section 440.107, Florida Statutes as it now reads. 

RULEMAKING AUTHORITY: 440.107(9), 40.591 FS. LAW IMPLEMENTED: 440.107(7)(d)1., (e) 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: 

DATE AND TIME: Wednesday, December 10, 2014, 9:30 a.m.

PLACE: 102 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: Robin Delaney, (850)413-1775 or Robin.Delaney@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: Robin Delaney, Chief, Bureau of Compliance, Division of Workers’ Compensation, Department of Financial Services, 200 E. Gaines Street, Tallahassee, Florida 32399-4228, (850)413-1775 or Robin.Delaney@myfloridacfo.com 

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