The Department will amend Rule 61-35.013, F.A.C., to amend existing forms ELC1, ELC2, ELC3, ELC4, and ELC5 related to application for licensure of employee leasing companies.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

RULE NO.:RULE TITLE:

61-35.013Employee Leasing Companies Departmental Forms

PURPOSE AND EFFECT: The Department will amend Rule 61-35.013, F.A.C., to amend existing forms ELC1, ELC2, ELC3, ELC4, and ELC5 related to application for licensure of employee leasing companies.

SUMMARY: The proposed rulemaking amends Rule 61-35.013, F.A.C., to revise the existing incorporated forms mentioned-above to remove requirements for educational transcripts and notary requirements in Forms ELC1, ELC2, and ELC3, and to remove the requirement of a letter of good standing from other states in Forms ELC4 and ELC5.

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: the economic review conducted by the Agency

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: 455.203, 455.213, 455.2179, FS.

LAW IMPLEMENTED: 468.524(1), 468.525(1), (3), 468.526(1), (2), (3), 468.527(1), 468.5275(1), (2), 559.79, 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: Aimee Odom, Rules Coordinator, Division of Professions, 2601 Blair Stone Road, Tallahassee, Florida 32399-0760, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61-35.013 Employee Leasing Companies Departmental Forms.

The following Employee Leasing Companies Departmental forms can be obtained at www.myfloridalicense.com/dbpr/ or by contacting the Departmental of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, FL 32399-0790, [phone]:

(1) Any person desiring to apply for licensure as an Employee Leasing Company Controlling Person, shall submit a completed Form DBPR ELC 1, Application for Licensure as an Employee Leasing Company Controlling Person, effective XXXXXX August 2013, adopted and incorporated by reference  https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 03289.

(2) Any company desiring to apply for licensure as an Employee Leasing Company, shall submit a completed Form DBPR ELC 2, Application for Licensure as an Employee Leasing Company, effective XXXXXX August 2013, adopted and incorporated by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 03290.

(3) Any person/company desiring to apply for licensure as an Employee Leasing Company Group, shall submit a completed Form DBPR ELC 3, Application for Licensure as an Employee Leasing Company Group, effective XXXXXX August 2013, adopted and incorporated by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 03291.

(4) Any company desiring to apply for registration as a Deminimus Employee Leasing Company, shall submit a completed Form DBPR ELC 4, Application for Registration as a Deminimus Employee Leasing Company, effective XXXXXX August 2013, adopted and incorporated by reference,  https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 03292.

(5) Any person/company desiring to apply for registration as a Deminimus Employee Leasing Company Group, shall submit a completed Form DBPR ELC 5, Application for Registration as a Deminimus Employee Leasing Company Group, effective XXXXXX August 2013, adopted and incorporated by reference,  https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 03293.

(6) through (8) No change.

Rulemaking Authority 455.203, 455.213, 455.2179 FS. Law Implemented 468.524(1), 468.525(1), (3), 468.526(1), (2), (3), 468.527(1), 468.5275(1), (2), 559.79 FS. History–New 11-13-13, Amended 10-2-18,                  .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Aimee Odom, Rules Coordinator, Division of Professions, 2601 Blair Stone Road, Tallahassee, Florida 32399-0760, [phone].

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Halsey Beshears, Secretary, Department of Business and Professional Regulation

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 26, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 28, 2019