The Board proposes a rule amendment that sets forth the issuance of a notice of noncompliance for an initial offense of a minor violation of late quarterly reports, annual reports, and annual assessments consistent with sections 120.695, F.S. and ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Board of Employee Leasing Companies

RULE NO.:RULE TITLE:

61G7-7.003Notice of Noncompliance

PURPOSE AND EFFECT: The Board proposes a rule amendment that sets forth the issuance of a notice of noncompliance for an initial offense of a minor violation of late quarterly reports, annual reports, and annual assessments consistent with sections 120.695, F.S. and 455.225(3), F.S., and in lieu of disciplinary actions.

SUMMARY: The proposed amendment updates the rule to be consistent with the language of the laws implemented and to include late quarterly and annual reports and late annual assessments as minor violations.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at its Board meeting, the Board concluded that this rule change will not have any impact on licensees and their businesses or the businesses that employ them. The rule will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, and will not require any specialized knowledge to comply. This change will not increase any direct or indirect regulatory costs. Hence, the Board determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 120.695, 455.225(3), 468.522 FS.

LAW IMPLEMENTED: 120.695, 455.225(3) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Richard Morrison, Executive Director, Board of Employee Leasing Companies, 2601 Blair Stone Road, Tallahassee, Florida 32399-0783, [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61G7-7.003 Notice of Noncompliance.

In accordance with section 120.695, F.S., the Department shall issue a notice of noncompliance as a first enforcement action against a licensee for a minor violation of a rule. Pursuant to sections 120.695 and 455.225(3), F.S., the Board designates the following minor violations for issuance of a notice of noncompliance for an initial offense:

(1) Failure to notify the Board within 30 days of change of address, in violation of paragraph 61G7-10.002(2)(i), and subsection (3), F.A.C., and paragraph section 468.532(1)(j), F.S.

(2) Failure to post license in conspicuous place, in violation of subsection 468.530(2), F.S.

(3) Engagement in the business under any name other than that specified on the license, in violation of subsection 468.530(3), F.S.

(4) Failure to include the employee leasing company license number in advertisements as required by subsection 61G7-11.001(3), F.A.C., and in violation of subsection 468.530(4), F.S.

(5) Failure of the employee leasing company or the controlling person to notify the Board within a 90-day period that a controlling person has ceased performing controlling person duties, as long as at least one controlling person remains licensed at the employee leasing company, as required by paragraphs 61G7-10.002(2)(g), (h), and subsection (3), F.A.C.

(6) Failure of the employee leasing company to file a quarterly report as required by subsection 61G7-10.001(1), F.A.C., and authorized by section 468.535, F.S., within 30 days of receiving notice from the Board that the quarterly report is late.

(7) Failure of the employee leasing company to file an annual report as required by subsection 61G7-10.0011(1), F.A.C., and paragraph 468.525(3)(e), F.S., within 30 days of receiving notice from the Board that the annual report is late.

(8) Failure of the employee leasing company to submit and pay an annual assessment as required by subsection 61G7-5.002(1), F.A.C., and subsection 468.526(3), F.S., within 30 days of receiving notice from the Board that the annual assessment is late.

Rulemaking Authority 120.695, 455.225(3), 468.522 FS. Law Implemented 120.695, 455.225(3) FS. History–New 2-29-96, Amended 1-25-98, 7-11-17,_____________________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Employee Leasing Companies

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Employee Leasing Companies

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 17, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 1, 2019