Florida Regulations 69L-5.111

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§ 69L-5.111 Late Reports; Penalties. (repealed)

Repealed. (03-09-10)

(1) Reports shall be submitted on paper in accordance with these rules unless an alternate method, i.e., electronic transfer, has been agreed upon. (2) Reports submitted by a service company on behalf of the self-insurer shall be treated as if they were submitted by the self-insurer directly. (3) If additional time is required to file a report, a request for an extension of time for filing financial statements or financial summaries shall be made in writing by the self-insurer or its service company and shall be postmarked or received no later than 15 days prior to the due date of the report. For all other reports, a request for extension must be postmarked on or before the due date of the report. Extensions will be granted by the division if proof is supplied by the self-insurer or service company that circumstances entirely beyond the control of the self-insurer or service company have made it impossible to file on a timely basis. Such circumstances shall include: (a) the destruction of the records of the self-insurer or service company; (b) failure of the division to provide proper forms; (c) delays caused by acts of God or nature or delays caused by other regulatory processes of the State of Florida or United States Government. Clerical errors, personnel turnover, accidental or intentional destruction of forms and records by employees of the self-insurer or service company or any delays caused by the incompetence of the employees of the self-insurer or service company shall not be grounds for an extension. Extensions shall be granted in writing and notice mailed to the self-insurer or service company. Such extension shall establish a new one-time due date subject to the same provision for late filing as heretofore provided. (4) For purposes of this rule, the postmark date shall be considered the date of mailing. If a report is mailed by the due date, it shall be considered to be filed on a timely basis. (5) Penalties shall be imposed pursuant to Section 440.38(2)(b), Florida Statutes, for failure to comply with reporting requirements. Protests to such penalties may be made pursuant to Section 440.021, Florida Statutes. (6) Each self-insurer shall submit payroll reports to determine the proper assessment to be paid as its proportionate share of the expense of administration. The rules, classifications and rates as set forth in the Basic Manual for Workers' Compensation and Employers' Liability Insurance and the SCOPES of basic Manual Classifications of the National Council on Compensation Insurance will govern the audits of payrolls and the adjustments of premiums. The NCCI Basic and SCOPES Manuals are hereby incorporated by reference into Rule Chapter 4L-5, F.A.C. The manual to be used in conjunction with these rules shall bear the date January 1997 reprint. The NCCI Basic Manual is updated periodically with the most recent edition bearing the year 1996. Both manuals may be purchased from the National Council on Compensation Insurance, Inc., 750 Park of Commerce Drive, Boca Raton, FL 33487, telephone (800) 622-4123. Copies of the manuals are also available for viewing at the Division of Workers' Compensation, Bureau of Monitoring and Audit, Self-Insurance Section, 200 East Gaines Street, Tallahassee, FL 32399-4224. Payroll reports shall be submitted in writing on Form SI-5 no later than sixty (60) days after the close of the audit period. Form |^SI-5|, Payroll Report, is hereby incorporated by reference into Rule Chapter 4L-5, F.A.C. The form required by this rule shall bear the date September 1996 (9/96). A copy of Form |^SI-5| is available from the Division of Workers' Compensation, Bureau of Monitoring and Audit, Self-Insurance Section, 200 East Gaines Street, Tallahassee, FL 32399-4224. Each self-insurer shall maintain their payroll records in such manner that a true and accurate division by occupational classifications can readily be determined for proper rating. If such records are not maintained, then the entire payroll shall be presumed to be within the classification to which the highest insurance rate is applicable. (7) Each self-insurer shall submit summary loss data to determine the proper assessment to be paid as its proportionate share of the expense of administration. The rules on evaluation dates and time of filing as set forth in the Workers' Compensation Statistical Plan Manual of the National Council on Compensation Insurance will govern the summary loss reporting and the manner in which the reports are prepared. The NCCI Workers' Compensation Statistical Plan Manual utilized within these rules shall bear the 1984 edition date and shall contain the most recent revisions. The manual may be purchased from the National Council on Compensation Insurance, Inc., 750 Park of Commerce Drive, Boca Raton, FL 33487, telephone (800) 622-4123, at a cost of $315. A copy of the manual is also available for viewing at the Division of Workers' compensation, Bureau of Monitoring and Audit, Self-Insurance Section, 200 East Gaines Street, Tallahassee, FL 32399-4224. Each self-insured employer shall maintain true and accurate loss records and summary loss data which shall be submitted to the division on Form SI-17, Unit Statistical Report, within sixty (60) days after the evaluation date of the losses being reported. Form SI-17 is hereby incorporated by reference into Rule Chapter 4L-5, F.A.C. The Form SI-17 required by this rule shall bear the date September 1996 (9/96). Copies of Form SI-17 may be obtained from the Division of Workers' Compensation, Bureau of Monitoring and Audit, Self-Insurance Section, 200 East Gaines Street, Tallahassee, FL 32399-4224. The evaluation date shall be six (6) months after the end of the current report period unless otherwise established by the division in accordance with the Experience Rating Plan (incorporated in paragraph 4L-5.103(3)(e), F.A.C.) established by the National Council on Compensation Insurance. (8) Individual self-insurers required to post a security deposit or surety bond shall submit in duplicate Form |^SI-20|, Report of Outstanding Workers' Compensation Liabilities on an annual basis along with, and at the same time as, the annual Summary Loss Reports. Such report shall include a reserve for losses incurred but not reported (IBNR). Form |^SI-20|, Report of Outstanding Workers' Compensation Liabilities, is hereby incorporated by reference into Rule Chapter 4L-5, F.A.C. The form required by this rule shall bear the date September 1996 (9/96). Copies of Form |^SI-20| are available from the Division of Workers' Compensation, Bureau of Monitoring and Audit, Self-Insurance Section, 200 East Gaines Street, Tallahassee, FL 32399-4224. (9) Changes in the names and addresses of businesses owned in part or total by the self-insurer, and which are covered by the privilege, as well as changes in its structure with respect to divisions, subsidiaries and the like shall be reported to the division by letter within thirty (30) days of the effective date of the change. (10) Individual self-insurers maintaining a Drug-Free Workplace Program pursuant to Section 440.102, Florida Statutes, shall qualify for premium discounts as set forth in Section 627.0915, Florida Statutes. Application for such credit shall be made to the division on |^NCCI Form 9| and filed prior to the effective date of credit and shall be refiled annually prior to self-insurers anniversary date. |^NCCI Form 9|, Application for Credit for Drug Free Workplace, is hereby incorporated by reference into Rule Chapter 4L-5, F.A.C. The form required by this rule shall bear the date May 7, 1996 (5/7/96). Copies of the NCCI Form 9 are available from the Division of Workers' Compensation, Bureau of Monitoring and Audit, Self-Insurance Section, 200 East Gaines Street, Tallahassee, FL 32399-4224. (11) Copies of all new contracts or policies of excess insurance complete with all endorsements in the name of the insured shall be filed with the division in duplicate within ninety (90) days of the effective date of the policy. A binder issued by the excess carrier or its authorized agent providing for at least ninety (90) days coverage which specifies the terms of the policy shall be filed with the division within thirty (30) days after the effective date of the policy provided that this proof of excess is not being submitted in support of an application for self-insurance (|^SI-1|, incorporated by reference in subsection 4L-5.103(2), F.A.C.). Excess renewal endorsements specifying the terms of the policy submitted to the division within thirty (30) days after the renewal date satisfies this requirement. In the event of excess policy cancellation or non-renewal, it shall be necessary for the self-insurer to file proof of replacement excess coverage prior to the cancellation or non-renewal date. Specific Authority 440.38(1)(b), (2)(b), 440.51(6)(b), 440.5705 FS. Law Implemented 440.38(1)(b), (2)(b), 440.51, 440.102, 624.24 FS. History-New 10-1-82, Formerly 38F-5.38, Amended 12-19-93, Formerly 38F-5.038, Amended 5-19-97, Formerly 38F-5.111.