Fla. Admin. Code Ann. R. 69L-6.012 - Notice of Election to Be Exempt
(1)
(a) Only corporate officers of non-dissolved
or active corporations who meet the conditions for the issuance of valid Form
DFS-F2-DWC-252,
https://www.flrules.org/Gateway/reference.asp?No=Ref-02941
Certificates of Election to be Exempt from Florida Workers' Compensation Law,
revised 08/13, and herein incorporated by reference, as stated in Chapter 440,
F.S., and implemented by this rule may file a Form DFS-F2-DWC-250,
https://www.flrules.org/Gateway/reference.asp?No=Ref-04715,
Notice of Election to be Exempt, revised 07/14, and incorporated by reference
herein. Only a business entity organized under chapter 607 or 617, F.S., will
qualify as a corporation for purposes of issuing a Form DFS-F2-DWC-252,
Certificate of Election to be Exempt from Florida Workers' Compensation Law to
a corporate officer under this rule. While a limited liability company created
and approved under chapter 605 or 608, F.S., is not a corporation for purposes
of chapter 440, F.S., persons who are limited liability company members owning
at least ten percent (10%) of the non-dissolved or active limited liability
company qualify as a "corporate officer" and are eligible for the issuance of a
Form DFS-F2-DWC-252, Certificate of Election to be Exempt from Florida Workers'
Compensation Law, under this rule. Chapter 605, F.S., the "Florida Revised
Limited Liability Company Act," which became effective on January 1, 2014, also
provides for the repeal of Chapter 608, F.S., titled "Limited Liability
Companies," on January 1, 2015. Therefore, newly formed Florida limited
liability companies must be organized pursuant to the provisions of chapter
605, F.S. Florida limited liability companies that were organized pursuant to
the provisions of chapter 608, F.S., must comply with the provisions of chapter
605, F.S., prior to the repeal of chapter 608, F.S.
(b) The Department shall deny any Form
DFS-F2-DWC-250, Notice of Election to be Exempt, received from an applicant
that does not meet the eligibility requirements for the issuance of a
DFS-F2-DWC-252, Certificate of Election to be Exempt from Florida Workers'
Compensation Law. An applicant who receives such denial from the Department and
still seeks a DFS-FS-DWC-252, Certificate of Election to be Exempt from Florida
Workers' Compensation Law must file a new Form DFS-F2-DWC-250, Notice of
Election to be Exempt, and, if the applicant is engaged in the construction
industry, another $50.00 fee must be submitted with the Form DFS-F2-DWC-250,
Notice of Election to be Exempt.
(2)
(a) 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.), shall submit a Form DFS-F2-DWC-250, Notice of Election to
be Exempt, in accordance with the requirements of sections
440.02(15)(b)
and
440.05,
F.S. For purposes of this rule, an applicant is engaged in the "construction
industry" when any portion of the applicant's business operations is described
in the construction industry classification codes that are identified in rule
69L-6.021,
F.A.C.
(b) The Form DFS-F2-DWC-250,
Notice of Election to be Exempt, must also list the certified or registered
license numbers held by the applicant issued pursuant to chapter 489, F.S.; or
the certified or registered license numbers held by the qualifier for the
business listed on the Form DFS-F2-DWC-250, Notice of Election to be Exempt, of
which the applicant is a corporate officer. If the applicant is required to
obtain a license issued pursuant to chapter 489, F.S., the business name listed
on the license must match the name of the corporation or limited liability
company listed on the Form DFS-F2-DWC-250, Notice of Election to be
Exempt.
(3) An applicant
engaged in the construction industry must submit a $50.00 fee with each Form
DFS-F2-DWC-250, Notice of Election to be Exempt. If an applicant's payment is
returned to the Department for non-sufficient funds, the Form DFS-F2-DWC-250,
Notice of Election to be Exempt, is invalid and shall be denied. If a Form
DFS-F2-DWC-252, Certificate of Election to be Exempt from Florida Workers'
Compensation Law, was issued to the applicant and the applicant's payment was
returned to the Department for non-sufficient funds, the Form DFS-F2-DWC-252,
Certificate of Election to be Exempt, from Florida Workers' Compensation Law,
shall be revoked. In order for the Department to process a new Form
DFS-F2-DWC-250, Notice of Election to be Exempt from an applicant who has had a
payment returned for non-sufficient funds, the Department must receive
confirmation that the initial $50.00 payment and any associated service charge
has been deposited into the Workers' Compensation Administration Trust
Fund.
(4) The Department shall deny
any Form DFS-F2-DWC-250, Notice of Election to be Exempt, that would result in
more than 3 corporate officers, as defined in section
440.02(9),
F.S., having an active Certificate of Election to be Exempt for a corporation
or business entity or any group of affiliated corporations or business entities
if the applicant is in the construction industry.
(5) Incomplete Notices of Election to be
Exempt, Issue Dates for Certificates of Election to be Exempt from Florida
Workers' Compensation Law.
(a) An applicant
shall have ninety days from the date of the Department's deficiency notice to
submit a completed Form DFS-F2-DWC-250, Notice of Election to be Exempt, at
which time the Form DFS-F2-DWC-250, Notice of Election to be Exempt, shall be
processed, and no additional processing fee will be due for a construction
industry applicant. The Department shall deny the Form DFS-F2-DWC-250, Notice
of Election to be Exempt, if the applicant fails to submit information to
complete the Form DFS-F2-DWC-250, Notice of Election to be Exempt, within
ninety days of the date Department's deficiency notice. An applicant who
receives such denial from the Department and still seeks a DFS-FS-DWC-252,
Certificate of Election to be Exempt from Florida Workers' Compensation Law
must file a new Form DFS-F2-DWC-250, Notice of Election to be Exempt, and, if
the applicant is engaged in the construction industry, another $50.00 fee is
required.
(b) If the Department
receives a renewal Form DFS-F2-DWC-250, Notice of Election to be Exempt that
meets the eligibility requirements of section
440.05,
F.S., and this rule more than 90 days prior to the expiration date of the Form
DFS-F2-DWC-252, Certificate of Election to be Exempt from Florida Workers'
Compensation Law, the issue date of the new Form DFS-F2-DWC-252, Certificate of
Election to be Exempt from Florida Workers' Compensation Law, is the date the
Form DFS-F2-DWC-250, Notice of Election to be Exempt, is approved and saved to
the Coverage and Compliance Automated System of the Department, and any
duplicate Form DFS-F2-DWC-252, Certificate of Election to be Exempt from
Florida Workers' Compensation Law for the applicant of the same business shall
be null and void as of the issue date of the new Form DFS-F2-DWC-252,
Certificate of Election to be Exempt from Florida Workers' Compensation
Law.
(c) If the Department receives
a renewal Form DFS-F2-DWC-250, Notice of Election to be Exempt, effective
07/14, as incorporated by reference, that meets the eligibility requirements of
Section 440.05, F.S., and this rule 90 days or less prior to the expiration
date of the Form DFS-F2-DWC-252, Certificate of Election to be Exempt from
Florida Workers' Compensation Law, the issue date of the renewal Form
DFS-F2-DWC-252, Certificate of Election to be Exempt from Florida Workers'
Compensation Law, shall be the expiration date of the current Form
DFS-F2-DWC-252, Certificate of Election to be Exempt from Florida Workers'
Compensation Law.
(d) Subject to
the exceptions listed in section 440.05(5), F.S., if the Department receives a
renewal Form DFS-F2-DWC-250, Notice of Election to be Exempt, after the
expiration date of the Form DFS-F2-DWC-252, Certificate of Election to be
Exempt from Florida Workers' Compensation Law, the issue date of the renewal
Form DFS-F2-DWC-252, Certificate of Election to be Exempt from Florida Workers'
Compensation Law, is the date the renewal Form DFS-F2-DWC-250, Notice of
Election to be Exempt, is approved and saved to the Coverage and Compliance
Automated System of the Department.
(e) Subject to the exceptions listed in
section 440.05(5), F.S., if the Department receives a new Form DFS-F2-DWC-250,
Notice of Election to be Exempt, the issue date of the Form DFS-F2-DWC-252,
Certificate of Election to be Exempt from Florida Workers' Compensation Law, is
the date the Form DFS-F2-DWC-250, Notice of Election to be Exempt, revised
07/14, as incorporated by reference, is approved and saved to the Coverage and
Compliance Automated System of the Department.
(6) Any Form DFS-F2-DWC-250, Notice of
Election to be Exempt, determined to be incomplete within 30 days after receipt
by the Department for failure to meet the eligibility requirements of section
440.05,
F.S., and this rule is not "received" for purposes of section
440.05(5),
F.S.
(7) Any corporate officer or
officer of a corporation who has been issued a Form DFS-F2-DWC-252, Certificate
of Election to be Exempt from Florida Workers' Compensation Law may revoke such
certificate by submitting to the Department a Form DFS-F2-DWC-250-R,
https://www.flrules.org/Gateway/reference.asp?No=Ref-02938
Notice of Revocation of Election to be Exempt revised 08/13, and incorporated
by reference herein. The issue date of a Form DFS-F2-DWC-250-R, Notice of
Revocation of Election to be Exempt, is the date the revocation is approved and
saved to the Coverage and Compliance Automated System of the Department, or 30
days after Form DFS-F2-DWC-250-R, Notice of Revocation of Election to be
Exempt, is received by the Department, whichever is earlier.
(8) A Form DFS-F2-DWC-250-R, Notice of
Revocation of Election to be Exempt, shall only be submitted by the same person
named on the Form DFS-F2-DWC-252, Certificate of Election to be Exempt from
Florida Workers' Compensation Law, or by a corporate officer or officer of a
corporation of the business named on the Form DFS-F2-DWC-252, Certificate of
Election to be Exempt from Florida Workers' Compensation Law, and listed as a
corporate officer with the Department of State, Division of
Corporations.
(9) Payments made to
the Department under this rule shall be submitted through the DWC Notice of
Election to be Exempt System at
http://www.myfloridacfo.com/Division/wc/exemption.htm.The
construction industry exemption requires payment of a $50.00 processing fee;
payment of an additional $1.00 service fee is applied against the costs
associated with providing electronic transactions. Certificate holders are also
required to print their Form DFS-F2-DWC-252, Certificate of Election to be
Exempt from Florida Workers' Compensation Law, from the website listed
above.
(10) The issue date of a
Form DFS-F2-DWC-251,
https://www.flrules.org/Gateway/reference.asp?No=Ref-02939
Notice of Election of Coverage, revised 08/13 and incorporated by reference
herein, is the date it is approved and saved to the Coverage and Compliance
Automated System of the Department, or 30 days after the Form DFS-F2-DWC-251,
Notice of Election of Coverage, is received by the Department, whichever is
earlier.
(11) The issue date of a
Form DFS-F2-DWC-251-R,
https://www.flrules.org/Gateway/reference.asp?No=Ref-02940
Revocation of Election of Coverage, revised 08/13, and incorporated by
reference herein, is the date it is approved and saved to the Coverage and
Compliance Automated System of the Department, or 30 days after the Form
DFS-F2-DWC-251-R, Revocation of Election of Coverage, is received by the
Department, whichever is earlier.
(12) The person named on the Form
DFS-F2-DWC-252, Certificate of Election to be Exempt from Florida Workers'
Compensation Law, shall have the duty to notify the Department of any change to
the person's address of record listed on the Form DFS-F2-DWC-252, Certificate
of Election to be Exempt from Florida Workers' Compensation Law, the
dissolution or reinstatement of the corporation or limited liability company
named on the Form DFS-F2-DWC-252, Certificate of Election to be Exempt from
Florida Workers' Compensation Law, or when the person named on the Form
DFS-F2-DWC-252, Certificate of Election to be Exempt from Florida Workers'
Compensation Law, is no longer a corporate officer or member of the corporation
or limited liablity company listed on the Form DFS-F2-DWC-252, Certificate of
Election to be Exempt from Florida Workers Compensation Law.
(13) If a Form DFS-F2-DWC-252, Certificate of
Election to be Exempt from Florida Workers' Compensation Law, is revoked
pursuant to section
440.05,
F.S., the revocation date is the date that the corporation becomes dissolved or
inactive or the date the Department determines the person named on the Form
DFS-F2-DWC-252, Certificate of Election to be Exempt from Florida Workers'
Compensation Law, no longer meets the requirements for issuance of the
certificate.
(14) Form
DFS-F2-DWC-250R, Notice of Revocation of Election to be Exempt, Form
DFS-F2-DWC-251, Notice of Election of Coverage, and Form DFS-F2-DWC-251R,
Revocation of Election of Coverage, can be obtained from the Department's
website at
https://www.myfloridacfo.com/Division/WC/PublicationsFormsManualsReports/Forms/Default.htmor
by telephone request by calling (850)413-1609. Form DFS-F2-DWC-250, Notice of
Election to be Exempt, is filed electronically through the DWC Notice of
Election to be Exempt System at
https://www.myfloridacfo.com/Division/WC/PublicationsFormsManualsReports/Forms/Default.htm.
Notes
Rulemaking Authority 215.322(3), 440.05 (9), 440.591 FS. Law Implemented 215.322, 440.02(15), 440.05 FS.
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