61G7-10.0014. Requirements for Evidence of Workers' Compensation Coverage

(1) All applicants for licensure and licensees seeking renewal of their licenses are required to file with the Board evidence of workers’ compensation coverage for all leased employees in this state. In addition, all applicants for licensure and licensees seeking renewal of their licenses are required to submit evidence to the Board that all of the employee leasing company’s obligations concerning payment of workers’ compensation insurance premiums for leased employees have been fulfilled. This evidence is intended to confirm that the applicant for licensure will and the licensee has met its responsibility to provide workers’ compensation coverage pursuant to Chapter 440, F.S.

(2) Applicants for licensure and licensees seeking renewal of their licenses will meet this reporting requirement if they submit evidence that their leased employees are covered by any one of the following methods or any combination thereof:

(a) Through a contractual relationship with an insurance carrier that is admitted in the State of Florida to provide workers’ compensation coverage to leased employees;

(b) Through a lawful plan of self-insurance which provides workers’ compensation coverage; or

(c) Through the clients of the employee leasing company via an insurance carrier that is admitted in the State of Florida to provide workers’ compensation coverage to leased employees or through a lawful plan of self-insurance which provides workers’ compensation to leased employees so long as such an arrangement is permitted by the Board approved employee leasing contract and the employee leasing company is named as a certificate holder by the client on its workers’ compensation policy and, in addition, so long as the employee leasing company’s notice to leased employees, required under Section 468.525(4)(f), F.S., includes notice to the leased employee that workers’ compensation coverage has been provided by the client. Nothing contained herein shall be construed as permitting a client of an employee leasing company to provide workers’ compensation coverage to any employees other than those leased from the employee leasing company by the client pursuant to a Board approved employee leasing contract between the employee leasing company and the client.

(3) Evidence which meets the requirements of subsection (2), above, shall consist of:

(a) A statement, initially filed with the application and thereafter filed quarterly with the statements provided for in Rule 61G7-10.001, F.A.C., which is signed by all of the controlling persons of the applicant or licensee and which attests that all leased employees in the State are covered by methods paragraph (2)(a) or (b), above, or

(b) If the employee leasing company performs its duties regarding workers’ compensation coverage utilizing method paragraph (2)(c), either alone or in combination with methods paragraph (2)(a) or (b), then the employee leasing company shall submit a written statement to the Department, initially with the application and thereafter quarterly with the statements provided for in Rule 61G7-10.001, F.A.C., which has been executed by all of the controlling persons, the CEO, the CFO, and the Chairman of the Board of the employee leasing company. The statement shall include an attestation by the signing parties that the statement was executed after due inquiry of the employee leasing company’s books and records and that, after making such an inquiry, the signing persons have taken reasonable steps to ascertain that all leased employees have workers’ compensation coverage under methods paragraphs (2)(a)-(c), above. This statement shall be made on Board Form DBPR EL-4522, Quarterly Compliance Form effective July 2008, incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-09038. The term “Reasonable Steps” as used herein is defined as requiring those persons making the above attestation, at a minimum:

1. To receive and review a workers’ compensation certificate from all clients who are maintaining their own workers’ compensation policy, which certification on its face provides workers’ compensation coverage to such clients’ leased employees, and

2. To confirm that the client has reported that it has obtained such workers’ compensation coverage to the Florida Department of Financial Services.

(c) In addition to the foregoing, the statement shall set out the percentage of leased employees in the State which are covered by each of the methods set out in paragraphs (2)(a)-(c), above, as of the date of the statement.

(d) The information and assertions contained in the statement shall be subject to audit and verification by the Department as per Section 468.535, F.S.

Rulemaking Authority 468.522, 468.529 FS. Law Implemented 468.524(4)(f), 468.529 FS. History–New 11-25-02, Amended 3-26-03, 7-17-08, 1-24-18.