American Pool Service of Orlando, L.L.C.; The initial notice was published on February 22, 2008 in Volume 34, Number 8 of the Florida Administrative Weekly, and an amended notice was published on March 28, 2008 in Volume 34, Number 13 of the Florida ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Board of Employee Leasing Companies

NOTICE IS HEREBY GIVEN THAT June 12, 2008, Board of Employee Leasing Companies has issued an order disposing of the petition for declaratory statement filed by American Pool Service of Orlando, L.L.C. on February 5, 2008. The following is a summary of the agency’s disposition of the petition:

The initial notice was published on February 22, 2008 in Vol. 34, No. 8 of the Florida Administrative Weekly, and an amended notice was published on March 28, 2008 in Vol. 34, No. 13 of the Florida Administrative Weekly. American Pool Service sought a determination from the Board as to whether it was required to apply for licensure as an employee leasing company in Florida. The Board intended to consider this matter during its April 16, 2008 public meeting in St. Petersburg, Florida. However, with the consent of American Pool Service, the Board tabled consideration of the Petition until a publicly-noticed, telephonic conference call on May 21, 2008 during which it ruled as follows: 1. Section 468.520(4), Florida Statutes (2007), defines “employee leasing” to mean “an arrangement whereby a leasing company assigns its employees to a client and allocates the direction of and control over the leased employees between the leasing company and the client.” 2. However, the term “employee leasing” does not encompass a “temporary help arrangement” as defined in Section 468.520(4)(a), Florida Statutes (2007), or a “facilities staffing arrangement” as defined in Section 468.520(4)(c), Florida Statutes (2007). 3. After considering the assertions set forth in the Petition, the Board concluded that the nine-month contractual agreement between American Pool Service and its customer in Florida is too long in duration to be considered a “temporary help arrangement” intended to assist the aforementioned customer with meeting seasonal demand. 4. Instead, the nine-month contractual agreement described in the Petition is more akin to an arrangement that will be maintained on an “ongoing, indefinite basis.” 5. Accordingly, the Board declared that the contractual agreement described in the Petition amounted to a “facilities staffing arrangement” as set forth in Section 468.520(4)(c), Florida Statutes (2007).

A copy of the Order Disposing of the Petition for Declaratory Statement may be obtained by contacting: Mr. Richard Morrison, Executive Director, Board of Employee Leasing Companies, 1940 North Monroe Street, Tallahassee, Florida 32399-0767.