Fla. Admin. Code Ann. R. 73B-10.036 - Reemployment Tax for Indian Tribes
(1)
Each liable Tribe or tribal unit that elects to make reimbursements in lieu of
contributions must submit a completed Form RT-28T Indian Tribe Election of
Payment Method Under the Florida Reemployment Tax Law, in accordance with
sections 443.1312 and
443.1315, F.S. The Tribe or
tribal unit must also submit a surety bond on Form RT-40, Indian Tribe
Reemployment Tax Surety Bond. The surety bond must be issued by a bonding
company or insurance company authorized by the Department of Insurance to do
business in this state. If the bond is signed by an out-of-state agent it must
be countersigned by a Florida resident agent. The surety bond must be submitted
on Form RT-40 within 90 days of the effective date of an Indian tribe or tribal
unit's election to make reimbursements in lieu of contributions. The bond must
be effective as of January 1 of that calendar year. DOR will not grant final
approval of the election application until the bond is timely received and
approved. The bond is to be conditioned upon the Indian tribe or tribal unit's
timely compliance with the payment provisions of section
443.1315, F.S. Forms RT-28T and
RT-40 are incorporated by reference in rule
73B-10.037, F.A.C.
(2) The bond will be duly executed by the
principal and the surety. The amount of the bond will be calculated by
determining the average amount of benefits charged to the applicant per quarter
during the previous calendar year and multiplying that average by two. If there
is insufficient employer history to determine the average, the amount of the
bond will be thirty percent of the number of the applicant's employees,
multiplied by three thousand dollars. DOR may review the bond annually to
determine if there is a need to adjust the face amount. If DOR determines that
the bond amount needs to be increased it will advise the Indian tribe or tribal
unit which will have 90 days from the date of notification to increase the
amount of the bond. DOR may seek recovery from the surety on the bond at any
time subsequent to the failure of the Indian tribe or tribal unit to pay any
bill within 30 days of the mailing date of the bill pursuant to section
443.1313, F.S.
(3) The bond will be effective until it is
canceled. The surety company must give DOR at least 90 days written notice if
it intends to cancel the surety bond. The cancellation will not be effective
until 90 days after DOR receives written notice of the cancellation. Any
cancellation of the bond will not affect any liability incurred or accrued
prior to the effective date of the cancellation. Failure of the Indian tribe or
tribal unit to have in effect a surety bond in the amount determined necessary
by DOR will cause the Indian tribe or tribal unit to lose the option to make
reimbursements in lieu of contributions effective the following calendar
year.
Notes
Rulemaking Authority 443.1315(7), 443.1317 FS. Law Implemented 443.1315 FS.
New 7-29-03, Amended 7-18-06, Formerly 60BB-2.036, Amended 6-2-14.
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