The proposed rule amendment is to reduce the burden on companies who are terminating their operations in Florida.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Board of Employee Leasing Companies

RULE NO.:RULE TITLE:

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

PURPOSE AND EFFECT: The proposed rule amendment is to reduce the burden on companies who are terminating their operations in Florida.

SUMMARY: The Board proposes a rule amendment that clarifies the procedure for terminating business in Florida and for the required timing of the termination notice in order to discontinue filing required reports. The rule also clarifies that the Board will ultimately review the termination notice. Board Form DBPR EL-4514 is updated to coincide with the amended rule language.

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: 468.522, 468.524(2), 468.525(3), 468.526, 468.531, 455.201(2) FS.

LAW IMPLEMENTED: 468.524(2), 468.5245, 468.525(3), 468.526, 468.531 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:

 

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

(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). The following forms are to be used as indicated:

(a) Through (g) No change.

(h) Board Form DBPR EL-4514, Termination of Employee Leasing Company Operations, effective 4/2019 5/2011, incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-_______03393.

(i) No change.

(2) Through (6) No change.

(7) If an employee leasing company has ceased determines that it wishes to cease to engage in the business of employee leasing, has no active clients and leased employees, and has no outstanding discipline, and wishes to cease to 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, for the Board’s subsequent acceptance of the proferred termination and must immediately return the employee leasing and controlling person licenses to the Board office upon the Board’s acceptance of the proferred voluntary relinquishment of license.

(8) No change.

Rulemaking Authority 468.522, 468.524(2), 468.525(3), 468.526, 468.531, 455.201(2) FS. Law Implemented 468.524(2), 468.5245, 468.525(3), 468.526, 468.531 FS. History–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,              .

 

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: April 18, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 16, 2019