The Board proposes the rule promulgation to provide an alternative reporting compliance mechanism that could be used by accredited employee leasing companies.

 

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.

PURPOSE AND EFFECT: The Board proposes the rule promulgation to provide an alternative reporting compliance mechanism that could be used by accredited employee leasing companies.

SUMMARY: The creation of the rule will provide an alternative reporting compliance mechanism that could be used by accredited employee leasing companies.

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, based upon the expertise and experience of its members, 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: 468.522, 468.529(4) FS.

LAW IMPLEMENTED: 468.525(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, 1940 North Monroe Street, Tallahassee, Florida 32399-0783

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

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, F.A.C., 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, satisfactory assurance of compliance acceptable to the Department 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, F.A.C., 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 a 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 with 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.

Rulemaking Authority 468.522, 468.529(4) FS. Law Implemented 468.525(3) FS. History–New__________.

 

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: February 12, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 24, 2014