DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Board of Employee Leasing Companies
RULE NO.:RULE TITLE:
61G7-10.0015Alternative Reporting Compliance by Accredited Employee Leasing Companies.
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 40, No. 73, April 15, 2014 issue of the Florida Administrative Register.
The change is in response to written comments submitted by the staff of the Joint Administrative Procedures Committee. The rule shall now read as follows:
61G7-10.0015 Alternative Reporting Compliance by Accredited Employee Leasing Companies.
An employee leasing company (referenced in this rule “an authorizing employee leasing company”) may satisfy the requirements of its quarterly and annual filing obligations as set forth in Rules 61G7-10.001 and 61G7-10.0011, Florida Administrative Code, by being accredited in good standing by the Employer Services Assurance Corporation (ESAC), and by authorizing ESAC to provide the Department, on the licensee’s behalf, certification of compliance and electronic access to information provided to ESAC by the licensee that is consistent with the reporting requirements of Rules 61G7-10.001 and 61G7-10.0011, Florida Administrative Code, and is consistent with the requirements of Section 668.50, F.S., (the Florida Uniform Electronic Transactions Act). Should ESAC determine that any filing made with ESAC by any authorizing employee leasing company does not meet any requirement of Chapter 468, Part XI, F.S. or the rules promulgated thereto, such authorizing employee leasing company shall have on file with ESAC an authorization for ESAC to disclose to the Board and the Department all information in ESAC’s possession pertinent to the failure to meet the applicable requirement, and ESAC shall disclose such information to the Board and the Department within five (5) working days of ESAC’s determination of such failure. Such information disclosed by ESAC to the Board and the Department shall remain confidential in accordance with Section 455.229(1), F.S. Additionally, should an employee leasing company lose its accredited in good standing status with ESAC, within five (5) working days of the loss of such status, both ESAC and the employee leasing company shall notify the board in writing of the loss of such. Nothing in this rule shall limit or change the Board or Department’s authority to license, ensure compliance with statutory or rule requirements applicable to an employee leasing company, terminate licensing of an employee leasing company or to investigate or enforce any provision of Part XI of Chapter 468, F.S. or the rules promulgated pursuant thereto. This rule shall stand repealed on July 1, 2017, unless reviewed and saved from repeal through repromulgation by the Board.
Rulemaking Authority 468.522, 468.529(4) FS. Law Implemented 468.525(3) FS. History–New__________.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Richard Morrison, Executive Director, Board of Employee Leasing Companies, 1940 North Monroe Street, Tallahassee, Florida 32399-0783
