Wednesday, October 26, 2016

Rules 69L-6.028 and 69L-6.035 Hearing Set November 1, 2016

A Notice of Development of Rulemaking was published for proposed Rules 69L-6.028 and 69L-6.035, both for the Florida Administrative Code.  The notice provides that if requested in writing, a Rule Hearing will be held on Tuesday, November 1, 2016, at 10:00 A.M., eastern time, at 2012 Capital Circle, SE, Room 102, Hartman Building, in Tallahassee, Florida.

Proposed Rule 69L-6.028, F.A.C., clarifies time periods of employer non-compliance for penalty calculation purposes, and provides that the Department may impute the employer's payroll as early as 10 business days following the employer's receipt of the Department's request to produce business records. The rule is also amended to reflect the statutory revision reducing the imputed payroll multiplier from 2 times to 1.5 times the statewide average weekly wage.  Proposed Rule 69L-6.035, F.A.C., broadens the scope of remuneration to employees to include the validation of expense reimbursements; employee classification code assignments for payroll calculation purposes; and remuneration occurring on the day a stop-work order is issued.  The proposed rule also provides guidance regarding the required documentation associated with the aforementioned forms of remuneration.  The proposed rules also include additional technical changes.


The official Notice of Development of Rulemaking appeared in Volume 42, Number 198 of the Florida Administrative Register, published on October 11, 2016.  If you have questions about the contents of this notice, please contact Pam Macon, Chief, Bureau of Compliance, Division of Workers' Compensation at (850) 413-1708 or Pamela.Macon@myfloridacfo.com.