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


Effective on Tuesday, July 30, 2019
  • 1(1) To enable the Board and the Department to enforce more effectively the prohibition against the unlicensed practice of employee leasing, contained in section 25468.526, F.S., 27and 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). 64The following forms are to be used as indicated:

    73(a) Department Form DBPR ELC 1, Application for Licensure as an Employee Leasing Company Controlling Person, incorporated by rule 9261-35.013, 93F.A.C.

    94(b) Department Form DBPR ELC 2, Application for Licensure as an Employee Leasing Company, incorporated by rule 11161-35.013, 112F.A.C.

    113(c) Department Form DBPR ELC 3, Application for Licensure as an Employee Leasing Company Group, incorporated by rule 13161-35.013, 132F.A.C.

    133(d) Department Form DBPR ELC 6, Application for Certificate of Approval for/Notification of Change of Ownership (Asset Purchase), incorporated by rule 15461-35.013, 155F.A.C.

    156(e) Department Form DBPR ELC 7, Application for Certificate of Approval for/Notification of Change of Ownership (Stock Purchase), adopted by rule 17761-35.013, 178F.A.C.

    179(f) Department Form DBPR 183ELC 8, Request for Address or Name Change, adopted by rule 19461-35.013, 195F.A.C.

    196(g) Board Form DBPR EL-4512, 201Historical Sketch, effective 11/2012, incorporated herein by reference and available at 212http://www.flrules.org/Gateway/reference.asp?No=Ref214-09959215.

    216(h) Board Form DBPR EL-4514, 221Termination of Employee Leasing Company Operations, effective 4/2019, incorporated herein by reference and available at 236http://www.flrules.org/Gateway/reference.asp?No=Ref-10823238.

    239(i) Board Form DBPR EL-4518, Board Approved Cross Guarantee Form, effective 11/18/15, incorporated herein by reference and available at 258http://www.flrules.org/Gateway/reference.asp?No=Ref-06416260.

    261(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:

    288CHANGE IN STATUS

    291NEEDED ACTION BY COMPANY, GROUP, OR CONTROLLING PERSON

    299(a) Group adds new member(s)

    304New cross guarantees (DBPR EL-4518), 309new 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), 333and fee(s) for new controlling person(s) – at least one controlling person required for each new company unless it has one already.

    355(b) Group dissolves into single companies

    361New company applications (DBPR ELC 2), 367and fees and assessments – group license fee shall be credited to the individual applicants who have same ownership as group.

    388(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)

    415New company applications (DBPR ELC 3), with cross guarantees (DBPR EL-4518), 426and 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) 466for each new controlling person as defined in rule 47561G7-5.001, 476F.A.C.

    477(d) 478Purchase or acquisition of control in which purchasing employee leasing company maintains licensed controlling person from either the purchasing or purchased employee leasing company

    502Within 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), 539as appropriate. 541Where applicable, new controlling person license application(s), (DBPR ELC 1) 551and historical sketch (DBPR EL-4512)556.

    557(e) 558Purchase 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.

    584Prior 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), 619as appropriate, 621and new controlling person license application, (DBPR ELC 1), and historical sketch (DBPR 4512).

    635(f) Member of group leaves but at least two members remain as group

    648New 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 67861G7-5.001, 679F.A.C.

    680(g) Controlling person no longer in capacity to act as a Controlling person for a licensed employee leasing company or group

    701Notification 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.

    776(h) Controlling person resigns from Company A and is employed by Company B as controlling person

    792Notification 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; 823$5 transfer fee from controlling person.

    829(i) Name or address change of a licensed or registered employee leasing company, group, or controlling person

    846Notify Department using Department Form DBPR ELC 8.

    854(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, 910by any form of mail that provides the sender with delivery confirmation.

    922(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.

    950(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.

    981(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.

    1016(c) The company will be required to provide evidence of workers’ compensation coverage in the new company name.

    1034(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.

    1061(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.

    1119(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.

    1156(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 1181all employee leasing companies involved 1186shall submit notifications to the Board of the controlling person’s transfer.

    1197(7) If an employee leasing company 1203has ceased 1205to engage in the business of employee leasing, 1213has no active clients and leased employees, and has no outstanding discipline, 1225and 1226wishes to cease 1229to 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, 1266for the Board’s subsequent acceptance of the proffered termination 1275of license.

    1277(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.

    1366Rulemaking Authority 1368468.522, 1369468.524(2), 1370468.525(3), 1371468.526, 1372468.531 FS. 1374Law Implemented 1376468.524(2), 1377468.5245, 1378468.525(3), 1379468.526 FS. 1381History–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.