15302737, 69L-6.027 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 15302737

Notice of Development of Rulemaking

Department:

DEPARTMENT OF FINANCIAL SERVICES

Division:

Division of Workers' Compensation

Chapter:

WORKERS' COMPENSATION COMPLIANCE

Overview

RULE:

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:

The amendment to Rule 69L-6.027 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 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 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 to reflect the current convention of naming to the specific subdivision cited.

SUBJECT:

The subject area to be addressed is amending 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, F.S.

LAW:

440.107(7)(d)1., (e), F.S.

PRINT PUBLISH DATE:

11/21/2014 Vol. 40/227

RELATED STATUTES
AND LAWS:

440.107(9), 40.591, F.S., 440.107(7)(d)1., (e), F.S.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://www.flrules.org/gateway/ruleno.asp?id=69L-6.027&PDate=11/21/2014&Section=1

REFERENCE MATERIALS:

No reference(s).

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