Who Issues Them?
Florida Statute Section 440.107 Pertinent Provisions The Legislature finds that the failure of an employer to comply with the workers’ compensation coverage requirements under this chapter poses an immediate danger to public health, safety, and welfare. The department shall enforce workers’ compensation coverage requirements, including the requirement that the employer secure the payment of workers’ compensation, and the requirement that the employer provide the carrier with information to accurately determine payroll and correctly assign classification codes. The department shall have the power to:
Worksites Affected Worksite for purposes of this rule means a place in Florida where an employer conducts business operations. Upon service of a stop work order on an employer, the stop work order shall be effective upon all employer worksites in the state for which the employer is not in compliance. The worksites for which an employer is not in compliance shall be determined as follows:
The department shall assess against any employer who has failed to secure the payment of compensation a penalty equal to 1.5 times the amount the employer would have paid when applying manual rates during periods for which it failed to secure the payment of workers’ compensation within the preceding 3 year period or $1,000, whichever is greater. Formula – Payroll100 x class code rate x 1.5 over the last three years. In addition, when an employer fails to provide business records for penalty calculation purposes, the imputed weekly payroll for each employee shall be the statewide average weekly wage multiplied by 1.5. Release of the Stop Work Order The Stop Work Order shall remain in effect until the department issues an order releasing the stop-work order upon a finding that the employer has come into compliance with the coverage requirements and has paid any penalty assessed. May obtain an order of conditional release from a stop-work order upon a finding of compliance with coverage requirements and agreement to remit periodic payments of the penalty pursuant to a payment agreement schedule with the department. To obtain a conditional release must make payment in the greater amount of $1,000 or 10% of the total payment and agree to pay the remainder in up to sixty consecutive monthly installments. Any penalty due pursuant to the service of a stop-work order shall, until collected, constitute a lien upon the entire interest of the employer, legal or equitable, in any property, real or personal. If the employer is a corporation, parties in actual control of the corporation, including, but not limited to, the president, officers who exercise broad corporate powers, directors, and all shareholders who directly or indirectly own a controlling interest in the corporation, are considered the employer. Stop-work orders and penalty assessment orders shall be in effect against any successor corporation or business entity that has one or more of the same principals or officers as the corporation or partnership against which the stop-work order was issued and are engaged in the same or equivalent trade or activity. Violate a Stop Work Order The department shall assess a penalty of $1,000 per day against an employer for each day that the employer conducts business operations that are in violation of a stop-work order. Any law enforcement agency in the state may render any assistance necessary to carry out the provisions of this section, including preventing any employee or other person from remaining at a place of employment or job site.
Criminal Issues