Historic Home Rentals LLC v. Department of Financial Services, etc.
41 FLW D442
Section 440.107(15), Florida Statutes (2013) provides that a limited liability company not engaged in the construction industry that meets the definition of "employment" at any time between July 1, 2013 and December 31, 2013 may not be issued a penalty for failing to secure the payment of workers' compensation. The employer in this instance asserted that if there was coverage between this specific date range, it could never be penalized for not having such coverage. On the contrary, the appellee asserted that this statutory provision only exempts non-construction limited liability companies from a penalty for the period between July 1, 2013 through December 31, 2013. Court determined that it was obliged to defer to the agent's interpretation of the statute if it was in the range of possible reasonable interpretations and is not clearly erroneous. Court ruled in this instance that the department's interpretation was reasonable and consistent with the entire statutory scheme.