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Volume 2, No. 3 - April 2013

In The Know

- Keeping you informed is what it's all about

Notice of Proposed Rule Development - Criminal Proceedings

The Florida Department of Financial Services, Division of Agent & Agency Services, has filed Notice of Rule Development for Rule 69B-231.150, Florida Administrative Code, relating to administrative actions against licensees based on criminal proceedings. The notice was filed with the Florida Department of State and officially published in the Florida Administrative Register on April 15, 2013.

The revisions in the proposed amendment are intended to conform Rule 69B-231.150, F.A.C. relating to administrative license actions based on criminal proceedings to changes already made to Rule 69B-211.042, F.A.C. It is also being amended to clarify what is meant by the terms "felony" and "revocation". Also, the word "immediate" is removed to better reflect the administrative process requirements which exist. A subsection is being deleted to remove standards which are in conflict with statutory changes and replaced with a new subsection to conform the penalty guideline with Section 626.207, F.S., and Rule 69B-211.042, F.A.C.
Click here for the full text of the notice and proposed rule amendments >>

Notice of Proposed Rule - Adjusters

The Florida Department of Financial Services, Division of Agent & Agency Services, has filed a Notice of Proposed Rule for Rule Chapter 69B-220, Florida Administrative Code, relating to adjusters. The notice was filed with the Florida Department of State and officially published in the Florida Administrative Register on April 11, 2013.

The purpose of the proposed rule amendments is to update the rules and incorporate recent legislative changes to Part VI of Chapter 626, Florida Statutes.

If requested, a rule hearing will be held on Thursday, May 9, 2013 @ 10:30 a.m. in Room 116 of the J. Edwin Larson Building, 200 E. Gaines Street, Tallahassee, FL 32399.
Click here for the full text of the notice and proposed rule amendments >>

Workers' Compensation Compliance Reminder

The Florida Department of Financial Services, Division of Workers' Compensation, is responsible for ensuring that employers comply with their statutory obligations to obtain workers' compensation insurance coverage for their employees. As a part of their compliance activities, the Division has found a number of healthcare industry employers without the proper workers' compensation insurance. The Division is seeking agents' assistance in ensuring that their clients are aware of the workers' compensation requirements and are in compliance with them.

All non-construction industry employers in the State of Florida who have four or more employees must have workers' compensation insurance coverage for all of their employees.

While corporate officers are defined by law as employees, an officer of an active Florida corporation can apply for an exemption for themselves, providing that they demonstrate ownership in the business. If exempt, as approved by the Division, the corporate officer would not be included in the count of employees.

The Division of Workers' Compensation conducts routine compliance audits of Florida employers, including those in the medical industry, to assure that the proper insurance is in effect. Where an employer is found to be without workers' compensation insurance, a Stop-Work Order is issued. A Stop-Work Order requires the cessation of all business operations until the employer comes into compliance with the coverage requirements and pays the assessed penalty. The penalty assessed is equal to 1.5 times the amount the employer would have paid in premium within the preceding 3-year period or $1,000, whichever is greater.

Notice of Workers' Compensation Exemption Law Change

The Florida Legislature passed and the Governor signed into law CS/HB 941, which amended Sections 440.02(9) and 440.05, Florida Statutes.

Effective July 1, 2013, the law changes to include non-construction limited liability company (LLC) members as employees. LLC members will be included on their workers' compensation insurance policy; however, they may elect to be exempt by filing a request for a "Certificate of Election to Be Exempt" with the Division of Workers' Compensation.

To apply for a Certificate of Election to be Exempt, go to the Division of Workers' Compensation's website at www.MyFloridaCFO.com/WC and click the "Apply for an Exemption" icon.

If you have any questions, please contact the Division of Workers' Compensation at (850) 413-1609.