Current through Reg. 50, No. 187; September 24, 2024
(1) Definitions. In this rule, the following
terms are defined as follows:
(a)
"Department" means the Florida Department of Education;
(b) "Educational institution" means a
district school board operated school under Section
1003.01, F.S., a charter school
operated under Section
1002.33, F.S., a school district
operated career center under Section
1001.44, F.S., a school district
operated charter technical career center under Section
1002.34, F.S., or a Florida
College System (FCS) institution under Section
1000.21, F.S.;
(c) "Employer" means the definition provided
in Section 440.02(16),
F.S., and includes a school district and a FCS institution that have students
participating in unpaid work-based learning opportunities; and
(d) "Work-based learning opportunities" means
the definition provided in Section
446.0915, F.S., and the
standards set forth in Rule
6A-23.0042,
F.A.C.
(2) Reimbursement
for Workers' Compensation Premiums. An employer may apply to be reimbursed for
an increase in the employer's workers compensation premiums attributable to
including a student participating in a work-based learning opportunity under
the employer's workers' compensation insurance.
(a) All requests for reimbursement must be
submitted to the Department's Comptroller's Office by email at
WCReimbursement@fldoe.org, or by mail at the following address: Florida
Department of Education, Bureau of the Comptroller, 325 West Gaines Street, 914
Turlington Building, Tallahassee, Florida 32399-0400.
(b) At least forty-five (45) days before the
deadline, the Department will annually notify school districts and FCS
institutions of the deadline for submission of requests for
reimbursements.
(c) Requests for
reimbursements can include any period within a given fiscal year from July 1
through June 30 of the fiscal year and are limited to the fiscal year
identified in the notice.
(d) The
educational institution where the student is or was enrolled while
participating in a work-based learning opportunity must submit requests for
reimbursements on behalf of employers. The Department will not consider
requests made directly from an employer, unless the educational institution is
the employer.
(e) Requests for
reimbursement must include the following information:
1. The total number of students participating
in work-based learning opportunities with the employer;
2. The number of students who are
participating in paid and unpaid work-based learning opportunities with the
employer;
3. Confirmation that
students were eighteen (18) years of age or younger during the time when
participating in the work-based learning opportunity and for which
reimbursement is sought;
4. A
description of the method of determining the proportionate share of the
employer's workers' compensation insurance attributable to student(s) in
work-based learning opportunities;
5. The dollar amount sought to be
reimbursed;
6. The employer's name,
telephone number, email address and an identifying number, such as (FEIN
number); and
7. A statement by the
employer agreeing to maintain documentation supporting the information
described in paragraph (2)(e) for a minimum of five (5)
years.
(3)
Responsibility of Educational Institutions. The educational institutions where
a student is enrolled in a work-based learning opportunity must adopt
procedures for the following:
(a) Providing
notice to employers of the opportunity to submit for reimbursement;
(b) Establishing deadlines for submission of
requests to the educational institution;
(c) Reviewing requests by employers for
compliance with the requirements of this rule and providing the opportunity for
employers to provide supplemental or corrected information;
(d) Submitting requests that provide the
information required by paragraph (2)(e) of this rule to the
Department;
(e) Distributing
reimbursements authorized by the Department to employers; and
(f) Designating a person at the institution
to respond to inquiries about reimbursement by the Department and by
employers.
(4)
Reimbursement by the Department.
(a) The
Department will review requests to ensure that each request includes the
information required by this rule and that each request for reimbursement is
limited to an increase in the employer's workers compensation premiums
attributable to the inclusion of a student participating in a work-based
learning opportunity, in the employer's workers compensation
insurance.
(b) Should the amount
requested for reimbursement exceed the total amount appropriated for this
purpose, reimbursements will be prorated by the
Department.
Rulemaking Authority
446.54,
1001.02(1),
(2)(n) FS. Law Implemented
446.54
FS
New 5-3-22.