Fla. Admin. Code Ann. R. 69L-6.019 - Policies and Endorsements Covering Employees Engaged in Work in Florida
Current through Reg. 47, No. 249; December 28, 2021
(1) Every employer
who is required to provide workers' compensation coverage for employees engaged
in work in this state shall obtain a Florida policy or endorsement for such
employees that utilizes Florida class codes, rates, rules and manuals that are
in compliance with and approved under the provisions of Chapter 440, F.S., and
the Florida Insurance Code, pursuant to Sections 440.10(1)(g) and 440.38(7),
F.S.
(2) In order to comply with
Sections 440.10(1)(g) and 440.38(7), F.S., any policy or endorsement presented
by an employer as proof of workers' compensation coverage for employees engaged
in work in this state must be issued by an insurer that holds a valid
Certificate of Authority in the State of Florida.
(3) In order to comply with Sections
440.10(1)(g) and 440.38(7), F.S., for any workers' compensation policy or
endorsement presented by an employer as proof of workers' compensation coverage
for employees engaged in work in this state:
(a) The policy information page (NCCI form
number WC 00 00 01 A) must list "Florida" in Item 3.A., and use Florida
approved classification codes, rates, and estimated payroll in Item
4.
(b) The policy information page
endorsement (NCCI form number WC 89 06 00 B) must list "Florida" in Item 3.A.,
and use Florida approved classification codes, rates, and estimated payroll in
Item 4.
(4) A workers'
compensation policy that lists "Florida" in Item 3.C. of the policy information
page (NCCI form number WC 00 00 01 A) does not meet the requirements of
Sections
440.10(1)(g)
and 440.38(7), F.S., and is not valid proof of workers' compensation coverage
for employees engaged in work in this state.
(a) If the workers' compensation policy lists
"Florida" in Item 3.C. of the policy information page, the employer's insurance
carrier shall have up to two business days from the commencement of an
investigation, pursuant to Section 440.107(3), F.S., to endorse the policy to
list "Florida" in Item 3.A., and use Florida approved classification codes,
rates, and estimated payroll in Item 4.
(b) If the policy information page does not
list "Florida" in Item 3.A., and use Florida approved classification codes,
rates, and estimated payroll in Item 4., a Stop-Work Order shall be issued to
an employer only after the expiration of two business days from the
commencement of an investigation on such employer.
(5) Workers' Compensation and Employers
Liability Insurance Policy - Information Page, NCCI form numbers WC 00 00 01 A
(rev. May 1, 1988) and Workers' Compensation and Employers Liability Insurance
Policy - Policy Information Page Endorsement, WC 89 06 00 B (rev. July 7, 2001)
are hereby adopted and incorporated herein by reference. These forms can be
obtained from the Florida Department of Financial Services, Division of
Workers' Compensation, 200 East Gaines Street, Tallahassee, FL
32399-4228.
(6) An employee of a
construction industry employer headquartered outside the state of Florida is
"engaged in work" in Florida if he or she participates in any one of the
following activities in the state of Florida:
(a) The employee engages in new construction,
alterations, or any job or any construction activities involving any form of
the building, clearing, filling, excavation or improvement in the size or use
of any structure or the appearance of any land as defined in Section 440.02(8),
F.S., or performs any job duties or activities which would be subject to those
contracting classifications identified in the Contracting Classification
Premium Adjustment Program contained in the Florida State Special pages of the
Basic Manual (as incorporated in Rule
69L-6.021,
F.A.C.) within the borders of the state of Florida, regardless of whether an
employee returns to his or her home state each night, or
(b) If the employer maintains a permanent
staff of employees or superintendents and the staff employee or superintendent
is assigned to construction activities in Florida for the duration of the job
or any portion thereof, or
(c) If
the employer hires employees in Florida for the specific purpose of completing
all or any portion of construction contract work and related construction
activities in the state of Florida.
Notes
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