Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 35 No. 15, April 17, 2009 issue of the Florida Administrative Weekly.

These changes are in response to written comments submitted by the staff of the Joint Administrative Procedures Committee. When changed, subsection (2) and paragraph (3)(d) shall read as follows:

(2) The employer’s period of non-compliance shall be either the same as the time period requested in the business records request for the calculation of penalty or an alternative period of non-compliance as determined by the department, whichever is less. The department shall determine an alternative period of non-compliance by obtaining records from other sources, including, but not limited to, the Department of State, Division of Corporations, the Department of Business and Professional Regulation, licensing offices, building permitting offices and contracts, that evidence a period of non-compliance different than the time period requested in the business records request for the calculation of penalty. For purposes of this rule, “non-compliance” means the employer’s failure to secure the payment of workers’ compensation pursuant to Chapter 440, F.S.

(3)(d) The imputed weekly payroll for each employee, corporate officer, sole proprietor, or partner shall be assigned the highest rated workers’ compensation classification code for an employee based upon records or the investigator’s physical observation of that employee’s activities ~~associated with the employer’s business activities, unless the employer’s business records demonstrate the assignment of an alternative workers’ compensation classification code~~.

The remainder of the rule reads as previously published.