New Florida Workers’ Comp Rules in Effect for Employer Penalties, Exemptions

This month, a number of new workers’ compensation rules took effect in Florida, affecting penalties for employers who fail to obtain comp insurance and setting new requirements for exemptions for corporate officers.

The Florida Division of Workers’ Compensation announced that rule revisions that had been in the works for months, some of which were needed to comply with new state laws, have been adopted. The effective date for the rules was July 18.

Among the changes:

• New requirements for the conditional release of a stop-work order after the employer has secured insurance and has paid penalties or is making monthly installments.
• A 15% penalty reduction if employers take an online course at one of the division’s district offices; and penalties for employers who were cited but have come into compliance before stop-work order is issued.
• Rules that contractors should follow when obtaining evidence that subcontractors have secured comp insurance or have elected to be exempt from insurance requirements.
• The DWC must use a new form to calculate penalties and use new methods to determine payroll when an employer fails to provide sufficient business records.
• Corporate officers wishing to be exempt from workers’ compensation should follow new procedures and use new forms. “Any corporate officer engaged in the construction or non-construction industry, who elects to be exempt from the provisions of the workers’ compensation law (Chapter 440, F.S.), must certify that the officer electing an exemption has completed an online workers’ compensation coverage and compliance tutorial pursuant to Section 440.05(3), F.S., and shall submit a Form DFS-F4-DWC-250,” the rule reads.
• New definitions and information about out-of-compliance worksites.