(1) When an investigation commenced by the Department pursuant to Florida Statutes § 440.107, reflects that, on the date the investigation commences, the employer is failing to secure the payment of workers’ compensation, is materially understating or concealing payroll, is materially understating or concealing employee duties so as to avoid proper classification for premium calculations, or is materially misrepresenting or concealing information pertinent to the computation and application of an experience rating modification factor, but the employer comes into compliance with the workers’ compensation coverage requirements prior to the issuance of a Stop-Work Order, such employer shall be assessed a penalty pursuant to Section 440.107(7)(d)1., F.S., and a Stop-Work Order will not be issued for such violations.
    (2) For purposes of this rule, an investigation commences on the date the Department’s compliance investigator conducts an inspection of the employer’s worksite or business, or on the date the employer receives a written request to produce business records from the Department pursuant to Section 440.107(7)(a), F.S., whichever is earlier.
Rulemaking Authority 440.107, 440.591 FS. Law Implemented Florida Statutes § 440.107. History—New 3-15-06, Amended 7-18-23.