Difference between revisions of "Florida Regulations 69L-6.012"

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*[[Florida_Regulations_69L-6.012_302| Amended 06/15/2010; effective 07/05/2010.]]
 
*[[Florida_Regulations_69L-6.012_302| Amended 06/15/2010; effective 07/05/2010.]]
 
<br><br>69L-6.012 Notice of Election to Be Exempt.
 
<br><br>69L-6.012 Notice of Election to Be Exempt.
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(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-02937 Notice of Election to be Exempt, revised 08/13, 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 608, F.S., is not a corporation for purposes of Chapter 440, F.S., persons engaged in the construction industry 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.
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(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. A new Form DFS-F2-DWC-250, Notice of Election to be Exempt, must be submitted by the corporate officer, and if the corporate officer 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.
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(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 paragraph 440.02(15)(b) and Section 440.05, Florida Statutes. 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.
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(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.
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(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.
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(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 subsection 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.
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(5) Incomplete Notices of Election to be Exempt, Issue Dates for Certificates of Election to be Exempt from Florida Workers� Compensation Law.
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(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 without any additional processing fee. 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. If the Form DFS-F2-DWC-250, Notice of Election to be Exempt, is denied, the applicant must submit 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.
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(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 database 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.
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(c) If the Department receives a renewal Form DFS-F2-DWC-250, Notice of Election to be Exempt, effective 08/13, 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.
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(d) Subject to the exceptions listed in subsection 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 database of the Department.
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(e) Subject to the exceptions listed in subsection 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 08/13, as incorporated by reference,  is approved and saved to the Coverage and Compliance Automated System database of the Department. If the Department receives a new Notice of Election to be Exempt, that lists a corporate officer that currently has a valid Form DFS-F2-DWC-252, Certificate of Election to be Exempt from Florida Workers� Compensation Law,  with the same corporation or limited liability company, the issue date of the Form DFS-F2-DWC-250, Notice of Election to be Exempt 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 database of the Department and the current Form DFS-F2-DWC-252,  Certificate of Election to be Exempt from Florida Workers� Compensation Law,  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.
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(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 subsection 440.05(5), F.S.
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(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 database 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.
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(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.
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(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/wc/exemption.html. 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.
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(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 database 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.
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(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 database 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.
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(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.
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(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.
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(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 http://www.myfloridacfo.com/wc/forms.html,  by mail at 200 East Gaines Street, Tallahassee, Fl 32399  or 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 http://www.myfloridacfo.com/wc/exemption.html.
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Rulemaking Authority 215.322(3), 440.05(9), 440.591 FS. Law Implemented 215.322, 440.02(15), 440.05 FS. History�New 5-28-91, Amended 2-15-94, 12-28-97, 2-2-00, 9-6-01, Formerly 38F-6.012, Amended 3-26-03, Formerly 4L-6.012, Amended 4-21-04, 10-30-06, 12-31-07, 7-5-10, 8-7-13.
  
(1)(a) Only corporate officers of non-dissolved or active corporations who meet the conditions for the issuance of valid Certificates of Election to be Exempt as stated in Chapter 440, F.S., and implemented by this rule may file a Notice of Election to be Exempt (DWC 250), as incorporated by reference in Rule 69L-6.009, F.A.C. Only a business entity organized under Chapter 607 or 617, F.S., will qualify as a corporation for purposes of issuing a Certificate of Election to be Exempt (DWC 250), as incorporated by reference in Rule 69L-6.009, F.A.C., to a corporate officer under this rule. While a limited liability company created and approved under Chapter 608, F.S., is not a corporation for purposes of Chapter 440, F.S., persons engaged in the construction industry 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 Certificate of Election to be Exempt under this rule.
 
  
(b) The Department shall deny any Notice of Election to be Exempt filed by a corporate officer of a dissolved or inactive corporation or limited liability company. A new Notice of Election to be Exempt (DWC-250) must be filed by the corporate officer, and if the corporate officer is engaged in the construction industry, another $50.00 fee must be submitted with the Notice of Election to be Exempt.
 
 
(2) 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 file with the Department a Notice of Election to be Exempt (DWC-250). 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.
 
 
(3) For a corporate officer engaged in the construction industry, the applicant shall attach to or, where appropriate, list on every Notice of Election to be Exempt (DWC-250) the following:
 
 
(a) 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 Notice of Election to be Exempt (DWC-250) 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 Notice of Election to be Exempt.
 
 
(b) The Federal Employer Identification Number issued to the corporation or limited liability company, as applicable;
 
 
(c) The Social Security Number or the individual taxpayer identification number of the applicant;
 
 
(d) The Florida Department of State, Division of Corporations, registration number of the corporation or limited liability company, as applicable, named on the Notice of Election to be Exempt;
 
 
(e) For corporate officers of a corporation, a copy of the stock certificate(s) issued to the applicant by the corporation named on the Notice of Election to be Exempt evidencing at least ten percent (10%) ownership of the named corporation by the applicant on the date that the Notice of Election to be Exempt is filed with the Department;
 
 
1. The percent of ownership shall be calculated by dividing the number of shares issued to the applicant by the total number of shares issued by the corporation named on the stock certificate(s);
 
 
2. In addition to the ownership requirement in paragraph (3)(e), the copy of the stock certificate(s) shall state, at a minimum, the name of the issuing corporation, the state in which the corporation is organized, and the name of the person to whom the stock is issued. All stock certificate(s) must be signed by an officer or officers designated to do so in the bylaws or designated to do so by the board of directors;
 
 
(f) For members of a limited liability company, documentation establishing the number of units of membership, or a statement reflecting that the applicant owns at least ten percent
 
(10%) of the limited liability company named on the Notice of Election to be Exempt on the date that the Notice of Election to be Exempt is filed with the Department;
 
 
(g) The business(es) or trade(s) of the applicant;
 
 
(h) The applicant's corporate officer title or member status;
 
 
(i) The corporate name, Florida Department of State, Division of Corporations, registration number, and Federal Employer Identification Number of any other corporation(s) that is under the same or substantially the same ownership or control as the corporation named on the Notice of Election to be Exempt;
 
 
(j) The name of the corporation or limited liability company as registered with the Florida Department of State, Division of Corporations of which the applicant is a corporate officer or member;
 
 
(k) The applicant's address of record.
 
 
(4) An applicant engaged in the construction industry must submit a $50.00 fee with each Notice of Election to be Exempt (DWC 250) that is filed with the Department. If an applicant's payment is returned to the Department for non-sufficient funds, the Notice of Election to be Exempt (DWC 252) is invalid and shall be denied. If a Certificate of Election to be Exempt (DWC 252) was issued to the applicant and the applicant's payment was returned to the Department for non-sufficient funds, the Certificate of Election to be Exempt shall be revoked. In order for the Department to process a new 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.
 
 
(5) For Notices of Election to be Exempt by a corporate officer or an officer of a corporation, as defined in Section 440.02(9), F.S., if the applicant is in the construction industry and the Department's records show three active Certificates of Election to be Exempt issued to corporate officers of a corporation or business entity or of any group of affiliated corporations or business entities, the Department shall deny any Notice of Election to be Exempt (DWC 250) that would result in more than three corporate officers having active Certificates of Election to be Exempt for a corporation or business entity or any group of affiliated corporations or business entities.
 
 
(6) For a corporate officer not engaged in the construction industry, the applicant shall attach to or, where applicable, list on every Notice of Election to be Exempt (DWC-250) the following:
 
 
(a) The Federal Employer Identification Number issued to the corporation;
 
 
(b) The Social Security Number or the individual taxpayer identification number of the applicant;
 
 
(c) The Florida Department of State, Division of Corporations, registration number of the corporation named on the Notice of Election to be Exempt;
 
 
(d) The applicant's corporate officer title; and
 
 
(e) The corporate name, Florida Department of State, Division of Corporations, registration number, and Federal Employer Identification Number of any other corporation(s) in which the applicant has an ownership interest or serves as a corporate officer;
 
 
(f) The name of the corporation as registered with the Florida Department of State, Division of Corporations of which the applicant is a corporate officer;
 
 
(g) The business(es) or trade(s) of the applicant;
 
 
(h) The applicant's address of record.
 
 
(7) Incomplete Notices of Election to be Exempt, Issue Dates for Certificates of Election to be Exempt.
 
 
(a) An applicant shall have thirty days from the date his/her Notice of Election to be Exempt (DWC 250) is mailed or otherwise returned by the Department to the applicant as incomplete in which to file documentation or information which completes the Notice of Election to be Exempt, at which time the Notice of Election to be Exempt shall be processed without any additional processing fee. The Department shall deny the Notice of Election to be Exempt if the applicant fails to file with the Department the documentation or information to complete the Notice of Election to be Exempt within 30 days of the date the Notice of Election to be Exempt was mailed or returned as incomplete. If the Notice of Election to be Exempt is denied, the applicant must submit a new 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 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 Certificate of Election to be Exempt, the issue date of the new Certificate of Election to be Exempt (DWC 252) is the date the Certificate of Election to be Exempt is approved and saved to the Coverage and Compliance Automated System database of the Department, and any duplicate Certificate of Election to be Exempt for the applicant of the same business shall be null and void as of the issue date of the new Certificate of Election to be Exempt.
 
 
(c) If the Department receives a renewal Notice of Election to be Exempt that meets the eligibility requirements of Section 440.05, F.S., and this rule more than 30 days but 90 days or less prior to the expiration date of the Certificate of Election to be Exempt, the issue date of the renewal Certificate of Election to be Exempt shall be the expiration date of the original Certificate of Election to be Exempt.
 
 
(d) Subject to the exceptions listed in Section 440.05(5), F.S., if the Department receives a renewal Notice of Election to be Exempt that meets the eligibility requirements of Section 440.05, F.S., and this rule 30 days or less prior to the expiration date of the Certificate of Election to be Exempt, the issue date of the renewal Certificate of Election to be Exempt is the date the renewal Certificate of Election to be Exempt is approved and saved to the Coverage and Compliance Automated System database of the Department, or 30 days after the date the renewal Notice of Election to be Exempt is received by the Department, whichever is earlier. Any duplicate Certificate of Election to be Exempt for the applicant shall be null and void as of the issue date of the renewal Certificate of Election to be Exempt.
 
 
(e) Subject to the exceptions listed in Section 440.05(5), F.S., if the Department receives a renewal Notice of Election to be Exempt after the expiration date of the Certificate of Election to be Exempt, the issue date of the renewal Certificate of Election to be Exempt is the date the renewal Certificate of Election to be Exempt is approved and saved to the Coverage and Compliance Automated System database of the Department, or 30 days after the date the renewal Notice of Election to be Exempt is received by the Department, whichever is earlier.
 
 
(f) Subject to the exceptions listed in Section 440.05(5), F.S., if the Department receives a new Notice of Election to be Exempt, the issue date of the Certificate of Election to be Exempt is the date the Certificate of Election to be Exempt is approved and saved to the Coverage and Compliance Automated System database of the Department, or 30 days after the date the Notice of Election to be Exempt is received by the Department, whichever is earlier. If the Department receives a new Notice of Election to be Exempt that lists a corporate officer that currently has a valid Certification of Election to be Exempt with the same corporation or limited liability company, the issue date of the Certificate of Election to be Exempt is the date the Certificate of Election to be Exempt is approved and saved to the Coverage and Compliance Automated System database of the Department, or 30 days after the date the Notice of Election to be Exempt is received by the Department, whichever is earlier; and the current Certification of Election to be Exempt shall be null and void as of the issue date of the new Certification of Election to be Exempt.
 
 
(8) Any Notice of Election to be Exempt (DWC 250) which is returned to the applicant by the Department 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.
 
 
(9) Any corporate officer or member of a limited liability company engaged in the construction industry, or corporate officer engaged in the non-construction industry who has been issued a Certificate of Election to Be Exempt (DWC 252), may revoke such certificate by filing with the Department a Revocation of Election to be Exempt (DWC 250-R), as incorporated by reference in Rule 69L-6.009, F.A.C. The issue date of a Revocation of Election to be Exempt is the date the revocation is approved and saved to the Coverage and Compliance Automated System database of the Department, or 30 days after the Revocation of Election to be Exempt is received by the Department, whichever is earlier.
 
 
(10) A Revocation of Election to be Exempt (DWC-250-R) shall only be filed by the same person named on the Certificate of Election to be Exempt (DWC 252) or by a corporate officer of the business named on the Certificate of Election to be Exempt and listed as a corporate officer with the Department of State, Division of Corporations.
 
 
(11) Payments made to the Department under this rule shall be in a form made payable to DFS - Workers' Compensation Administration Trust Fund.
 
 
(12) The issue date of a Notice of Election of Coverage (DWC 251), as incorporated by reference in Rule 69L-6.009, F.A.C., is the date it is approved and saved to the Coverage and Compliance Automated System database of the Department, or 30 days after the Notice of Election of Coverage is received by the Department, whichever is earlier.
 
 
(13) The issue date of a Revocation of Election of Coverage (DWC 251-R), as incorporated by reference in Rule 69L-6.009, F.A.C., is the date it is approved and saved to the Coverage and Compliance Automated System database of the Department, or 30 days after the Revocation of Election of Coverage is received by the Department, whichever is earlier.
 
 
(14) The person named on the Certificate of Election to be Exempt (DWC 252) shall have the duty to notify the Department of any change to the person's address of record listed on the Certificate of Election to be Exempt, the dissolution or reinstatement of the corporation or limited liability company named on the Certificate of Election to be Exempt, or when the person named on the Certificate of Election to be Exempt is no longer a corporate officer or member of the corporation or limited liablity company listed on the Certificate of Election to be Exempt.
 
 
(15)(a) If a corporation that is engaged in the non-construction industry and named on a Certificate of Election to be Exempt becomes dissolved or inactive, the Certificate(s) of Election to be Exempt shall be revoked, as provided in Section 440.05, F.S. In addition, if at any time the person named on a Certificate of Election to be Exempt for a corporation engaged in the non-construction industry no longer meets the requirements for issuance of the certificate, such Certificate of Election to be Exempt shall be revoked, as provided in Section 440.05, F.S. If a Certificate of Election to be Exempt 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 Certificate of Election to be Exempt no longer meets the requirements for issuance of the certificate.
 
 
(b) A corporation that is named on any Certificate of Election to be Exempt that is revoked pursuant to Section 440.05, F.S., shall have 30 days from the date of the revocation within which to petition the Department to review the revocation or in the alternative, file a notice of appeal pursuant to Section 120.68, F.S. and Rule 9.110, Florida Rules of Appellate Procedure.
 
 
Rulemaking Authority 440.05(9), 440.591 FS. Law Implemented 440.02(15), 440.05 FS. History-New 5-28-91, Amended 2-15-94, 12-28-97, 2-2-00, 9-6-01, Formerly 38F-6.012, Amended 3-26-03, Formerly 4L-6.012, Amended 4-21-04, 10-30-06, 12-31-07, 7-5-10.
 
 
</td>
 
</td>

Revision as of 14:03, 8 August 2013

Florida > Regulations

§ 69L-6.012 Notice of Election to Be Exempt

History:



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-02937 Notice of Election to be Exempt, revised 08/13, 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 608, F.S., is not a corporation for purposes of Chapter 440, F.S., persons engaged in the construction industry 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. (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. A new Form DFS-F2-DWC-250, Notice of Election to be Exempt, must be submitted by the corporate officer, and if the corporate officer 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 paragraph 440.02(15)(b) and Section 440.05, Florida Statutes. 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 subsection 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 without any additional processing fee. 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. If the Form DFS-F2-DWC-250, Notice of Election to be Exempt, is denied, the applicant must submit 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 database 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 08/13, 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 subsection 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 database of the Department. (e) Subject to the exceptions listed in subsection 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 08/13, as incorporated by reference, is approved and saved to the Coverage and Compliance Automated System database of the Department. If the Department receives a new Notice of Election to be Exempt, that lists a corporate officer that currently has a valid Form DFS-F2-DWC-252, Certificate of Election to be Exempt from Florida Workers� Compensation Law, with the same corporation or limited liability company, the issue date of the Form DFS-F2-DWC-250, Notice of Election to be Exempt 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 database of the Department and the current Form DFS-F2-DWC-252, Certificate of Election to be Exempt from Florida Workers� Compensation Law, 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. (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 subsection 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 database 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/wc/exemption.html. 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 database 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 database 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 http://www.myfloridacfo.com/wc/forms.html, by mail at 200 East Gaines Street, Tallahassee, Fl 32399 or 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 http://www.myfloridacfo.com/wc/exemption.html. Rulemaking Authority 215.322(3), 440.05(9), 440.591 FS. Law Implemented 215.322, 440.02(15), 440.05 FS. History�New 5-28-91, Amended 2-15-94, 12-28-97, 2-2-00, 9-6-01, Formerly 38F-6.012, Amended 3-26-03, Formerly 4L-6.012, Amended 4-21-04, 10-30-06, 12-31-07, 7-5-10, 8-7-13.