Fla. Admin. Code R. 61G7-10.002

Current through Reg. 51, No. 009; January 14, 2025

Section 61G7-10.002 - Reporting of Change of Status Required; Effect on Licensees; Change of Licensee Name

(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.

(g) Board Form DBPR EL-4512, Historical Sketch, effective 11/2012, incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-09959.

(h) Board Form DBPR EL-4514, Termination of Employee Leasing Company Operations, effective 08/2022, incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-14991.

(i) Board Form DBPR EL-4518, Board Approved Cross Guarantee Form, effective 11/18/15, incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-06416.

(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.

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.