DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Board of Employee Leasing Companies
RULE NO.: RULE TITLE:
61G7-10.002: Reporting of Change of Status Required; Effect on Licensees; Change of Licensee Name
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. 39, No. 45, March 6, 2013 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 changes are as follows:
1. Subsection (1) of the rule shall read as follows:
(1) To enable the Board and the Department to enforce more effectively the prohibition against the unlicensed practice of employee leasing, contained in Section 468.526, F.S., and 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). Forms ELC 6 and 7, effective 11/12 entitled Application for Certificate of Approval for/Notification of Change of Ownership (Asset Purchase) and Application for Certificate of Approval for/Notification of Change of Ownership (Stock Purchase), respectively, and form DBPR EL-4513, effective 5/2011, are hereby incorporated by reference and available at www.myfloridalicense.com/dbpr/pro/emplo/forms.html.
2. The following changes have been made to the incorporated forms DBPR ELC 6 and DBPR ELC 7:
The language, “DRAFT: NOT FOR PUBLIC USE” has been removed.
The reference to Rule 61-35.013, F.A.C. has been removed.
On page two of form DBPR ELC 6, the missing period in section 1.d.i.5. has been added.
Section 1.f. of the forms has been renumbered.
Sections V and VI of the forms and the Written Declarations therein have been revised.
3. Subsection (8) of the rule shall now read as follows:
(8) In the event of a purchase or acquisition of control pursuant to paragraphs (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 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.
4. Subsections 455.201(2) and 468.530(3), Florida Statutes, will be removed as rulemaking authority.
5. Subsection 468.530(3), Florida Statutes, will be removed as a law implemented.
6. Section 468.5245, Florida Statutes, will be added as a law implemented.
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
