(1) To enable the
Board and the Department to enforce more effectively the prohibition against
the unlicensed practice of employee leasing, contained in Section
468.526, F.S., and to enforce
other provisions of Part XI of Chapter 468, F.S., licensees shall apply for
approval or notify the Board in writing, as appropriate, if the licensee
experiences any changes in status listed in subsection (2). The following forms
are to be used as indicated:
(a) Department
Form DBPR ELC 1, Application for Licensure as an Employee Leasing Company
Controlling Person, incorporated by Rule
61-35.013, F.A.C.
(b) Department Form DBPR ELC 2, Application
for Licensure as an Employee Leasing Company, incorporated by Rule
61-35.013, F.A.C.
(c) Department Form DBPR ELC 3, Application
for Licensure as an Employee Leasing Company Group, incorporated by Rule
61-35.013, F.A.C.
(d) Department Form DBPR ELC 6, Application
for Certificate of Approval for/Notification of Change of Ownership (Asset
Purchase), incorporated by Rule
61-35.013, F.A.C.
(e) Department Form DBPR ELC 7, Application
for Certificate of Approval for/Notification of Change of Ownership (Stock
Purchase), adopted by Rule
61-35.013, F.A.C.
(f) Department Form DBPR ELC 8, Request for
Address or Name Change, adopted by Rule
61-35.013, F.A.C.
(2) Licensees experiencing a change in status
listed below in the left column shall file or do what is listed in the
corresponding right column as follows:
|
CHANGE IN STATUS
|
NEEDED ACTION BY COMPANY, GROUP, OR CONTROLLING
PERSON
|
|
(a) Group adds new member(s)
|
New cross guarantees (DBPR EL-4518), new
application(s), (DBPR ELC 3), and application fees for new member(s) but no new
licensure fee(s); new controlling person license application(s) (DBPR ELC 1),
and fee(s) for new controlling person(s) - at least one controlling person
required for each new company unless it has one already.
|
|
(b) Group dissolves into single companies
|
New company applications (DBPR ELC 2), and fees and
assessments - group license fee shall be credited to the individual applicants
who have same ownership as group.
|
|
(c) From individual license to group license (e.g.,
single company wishes to form group with other licensed company(ies) or with
unlicensed, newly created company(ies) or with both)
|
New company applications (DBPR ELC 3), with cross
guarantees (DBPR EL-4518), and group license fees and assessments - at least
one controlling person license application (DBPR ELC 1), for each newly created
company (unless already licensed controlling person will serve in that
capacity); new controlling person license applications (DBPR ELC 1) for each
new controlling person as defined in Rule
61G7-5.001, F.A.C.
|
|
(d) Purchase or acquisition of control in which
purchasing employee leasing company maintains licensed controlling person from
either the purchasing or purchased employee leasing company
|
Within 30 days of purchase or acquisition of control,
application for approval or notification of change of asset purchase (DBPR ELC
6), entitled or application for approval or notification of change of stock
purchase (DBPR ELC 7), as appropriate. Where applicable, new controlling person
license application(s), (DBPR ELC 1) and historical sketch (DBPR
EL-4512).
|
|
(e) Purchase or acquisition of control in which
purchasing employee leasing company does not maintain licensed controlling
person from either the purchasing or purchased employee leasing company.
|
Prior to the purchase or acquisition of control,
application for approval or notification of change of asset purchase (DBPR ELC
6), or application for approval or notification of change of stock purchase
(DBPR ELC 7), as appropriate, and new controlling person license application,
(DBPR ELC 1), and historical sketch (DBPR 4512).
|
|
(f) Member of group leaves but at least two members
remain as group
|
New company application (DBPR ELC 3), and fee from
leaving company; new controlling person license application (DBPR ELC 1) and
fee for any new controlling person as defined in Rule
61G7-5.001, F.A.C.
|
|
(g) Controlling person no longer in capacity to act
as a Controlling person for a licensed employee leasing company or group
|
Notification to Board from both company and
controlling person. If the controlling person's departure leaves the entity
without a controlling person, then the entity may accept no new clients and
must submit an application for a new licensed controlling person (DBPR ELC 1)
within 30 days or cease operation. Notification to the Board of the name of the
new licensed controlling person is a specific requirement prior to taking on
new clients or resuming operations.
|
|
(h) Controlling person resigns from Company A and is
employed by Company B as controlling person
|
Notification to Board from Company A and controlling
person; notification to Board from Company B regarding new controlling person
no new application needed from controlling person license goes with controlling
person; $5 transfer fee from controlling person.
|
|
(i) Name or address change of a licensed or
registered employee leasing company, group, or controlling person
|
Notify Department using Department Form DBPR ELC
8.
|
(3)
Within 30 days of a change in its status, the licensee, or other entity
resulting from such change or both, shall submit new applications, new
financial or other information, and new or additional fees to the Board's
office as needed to comply with Part XI of Chapter 468, F.S., and the rules of
this Board, by any form of mail that provides the sender with delivery
confirmation.
(4) In the event a
licensed employee leasing company or employee leasing company group changes
their licensed business name, the Board office must be noticed within 30 days.
(a) Such notification should include copies
of the filed articles of incorporation, articles of amendment, articles of
merger, or fictitious name registration, as filed with the Florida Secretary of
State's Office.
(b) A fee of $50
will be required, together with the original license. A duplicate license
reflecting the new licensed business name will be generated, upon receipt of
prior license and completion of these requirements.
(c) The company will be required to provide
evidence of workers' compensation coverage in the new company
name.
(5) In the event of
a name change of a licensed controlling person of an employee leasing company,
legal documentation must be submitted to the Board office.
(a) Such documentation would be an original
court document or a certified copy of the court document signed by the legal
officer of the jurisdiction (judge or clerk of the court), original or
certified copy of a marriage certificate, including the book and page number
where the marriage was registered. Documentation submitted will remain in the
Department's possession.
(b) A fee
of $25 will be required, together with the original license and legal
documentation. A duplicate license, reflecting the new licensed name will be
generated, upon receipt of prior license and completion of these
requirements.
(6) In the
event of a change in status of controlling person pursuant to paragraph (2)(g)
or (h), as outlined above, the controlling person and all employee leasing
companies involved shall submit notifications to the Board of the controlling
person's transfer.
(7) If an
employee leasing company has ceased to engage in the business of employee
leasing, has no active clients and leased employees, and has no outstanding
discipline, and wishes to cease to file required reports, then both the
controlling person(s) and the company must notify the Department no later than
the next required reporting date by submitting Board Form DBPR EL-4514,
entitled Termination of Employee Leasing Companies Operations, for the Board's
subsequent acceptance of the proffered termination of license.
(8) In the event of a purchase or acquisition
of control pursuant to paragraph (2)(d) or (e), above, the controlling persons
in the purchased employee leasing company must demonstrate that workers'
compensation coverage is/was in effect during the purchase or acquisition of
control and at all time subsequent thereto for the employees of the entity
purchased or over which control was acquired by providing a certificate of
coverage from an insurance carrier that is admitted in the State of Florida
naming the new owner or owners as the insured.
Notes
Fla. Admin.
Code Ann. R. 61G7-10.002
Rulemaking Authority
468.522,
468.524(2),
468.526 FS. Law Implemented
468.524(2),
468.5245,
468.525(3),
468.526
FS.
New 1-27-93, Amended
5-20-93, Formerly 21EE-10.002, Amended 10-24-93, 8-17-94, 11-9-95, 5-21-96,
11-24-96, 3-18-97, 3-1-05, 10-23-05, 12-31-06, 11-24-13, Amended by
Florida
Register Volume 42, Number 016, January 26, 2016 effective
2/8/2016, Amended by
Florida
Register Volume 44, Number 192, October 2, 2018 effective
10/15/2018,
Amended by
Florida
Register Volume 45, Number 137, July 16, 2019 effective
7/30/2019, Amended
by
Florida
Register Volume 48, Number 245, December 20, 2022 effective
1/2/2023.
New 1-27-93, Amended 5-20-93, Formerly 21EE-10.002, Amended
10-24-93, 8-17-94, 11-9-95, 5-21-96, 11-24-96, 3-18-97, 3-1-05, 10-23-05,
12-31-06, 11-24-13, 2-8-16, 10-15-18, 7-30-19,
1-2-23.
