Florida Regulations 69L-6.029: Employer Worksites
Current as of: 2024 | Check for updates
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(1) “”Worksite”” for purposes of this rule means a place in Florida where an employer conducts business operations.
(2) Upon service of a Stop-Work Order on an employer, the Stop-Work Order shall be effective upon all employer worksites in the state for which the employer is not in compliance.
(3) The worksites for which an employer is not in compliance shall be determined as follows:
(a) If the employer failed to meet the coverage requirements of Florida Statutes Chapter 440, and the Florida Insurance Code, all worksites of the employer in the state are not in compliance and the Stop-Work Order shall be in effect for all the employer’s worksites requiring the cessation of all business operations for such employer in the state.
(b) If an out-of-state employer that is required to provide workers’ compensation coverage for employees engaged in work in Florida, pursuant to Fl. Admin. Code R. 69L-6.019, failed to obtain or maintain a Florida policy or endorsement that utilizes Florida class codes, rates, rules, and manuals that are in compliance with and approved under the provisions of Florida Statutes Chapter 440, and the Florida Insurance Code, all worksites of the employer in the state are not in compliance and the Stop-Work Order shall be in effect for all the employer’s worksites requiring the cessation of all business operations for such employer in the state.
(c) If the employer failed to produce the required business records within twenty-one days after receipt of the written request of the Department, all worksites of the employer in the state are not in compliance and the Stop-Work Order shall be in effect for all the employer’s worksites requiring the cessation of all business operations for such employer in the state.
(d) If the employer has materially understated or concealed payroll, all worksites of the employer in the state are not in compliance and the Stop-Work Order shall be in effect for all the employer’s worksites requiring the cessation of all business operations for such employer in the state.
(e) If the employer materially misrepresented or concealed employee duties so as to avoid proper classification for premium calculations, all worksites of the employer in the state are not in compliance and the Stop-Work Order shall be in effect for all the employer’s worksites requiring the cessation of all business operations for such employer in the state.
(f) If the employer materially misrepresented or concealed information pertinent to the computation and application of an experience modification factor, all worksites of the employer in the state are not in compliance and the Stop-Work Order shall be in effect for the employer’s worksites requiring the cessation of all business operations for such employer in the state.
(g) If the employer is a contractor that sublets any work at a particular worksite to a subcontractor and the contractor and subcontractor each failed to secure the payment of compensation for the subcontractor or the employees of the subcontractor engaged in work at the particular worksite, then a Stop-Work Order issued to the contractor shall require the cessation of all business operations of the contractor at that particular worksite.
(4) A penalty assessed under Section 440.107(7)(d)1., F.S., that exceeds the statutory minimum penalty shall include the employer’s payroll and any violations of Florida Statutes § 440.107, for all its worksites where the employer is not in compliance.
Rulemaking Authority 440.107(9), 440.591 FS. Law Implemented Florida Statutes § 440.107. History-New 1-11-06, Amended 2-17-15, 7-18-23.
(3) The worksites for which an employer is not in compliance shall be determined as follows:
(a) If the employer failed to meet the coverage requirements of Florida Statutes Chapter 440, and the Florida Insurance Code, all worksites of the employer in the state are not in compliance and the Stop-Work Order shall be in effect for all the employer’s worksites requiring the cessation of all business operations for such employer in the state.
(b) If an out-of-state employer that is required to provide workers’ compensation coverage for employees engaged in work in Florida, pursuant to Fl. Admin. Code R. 69L-6.019, failed to obtain or maintain a Florida policy or endorsement that utilizes Florida class codes, rates, rules, and manuals that are in compliance with and approved under the provisions of Florida Statutes Chapter 440, and the Florida Insurance Code, all worksites of the employer in the state are not in compliance and the Stop-Work Order shall be in effect for all the employer’s worksites requiring the cessation of all business operations for such employer in the state.
(c) If the employer failed to produce the required business records within twenty-one days after receipt of the written request of the Department, all worksites of the employer in the state are not in compliance and the Stop-Work Order shall be in effect for all the employer’s worksites requiring the cessation of all business operations for such employer in the state.
(d) If the employer has materially understated or concealed payroll, all worksites of the employer in the state are not in compliance and the Stop-Work Order shall be in effect for all the employer’s worksites requiring the cessation of all business operations for such employer in the state.
(e) If the employer materially misrepresented or concealed employee duties so as to avoid proper classification for premium calculations, all worksites of the employer in the state are not in compliance and the Stop-Work Order shall be in effect for all the employer’s worksites requiring the cessation of all business operations for such employer in the state.
(f) If the employer materially misrepresented or concealed information pertinent to the computation and application of an experience modification factor, all worksites of the employer in the state are not in compliance and the Stop-Work Order shall be in effect for the employer’s worksites requiring the cessation of all business operations for such employer in the state.
(g) If the employer is a contractor that sublets any work at a particular worksite to a subcontractor and the contractor and subcontractor each failed to secure the payment of compensation for the subcontractor or the employees of the subcontractor engaged in work at the particular worksite, then a Stop-Work Order issued to the contractor shall require the cessation of all business operations of the contractor at that particular worksite.
(4) A penalty assessed under Section 440.107(7)(d)1., F.S., that exceeds the statutory minimum penalty shall include the employer’s payroll and any violations of Florida Statutes § 440.107, for all its worksites where the employer is not in compliance.
Rulemaking Authority 440.107(9), 440.591 FS. Law Implemented Florida Statutes § 440.107. History-New 1-11-06, Amended 2-17-15, 7-18-23.