To amend Rule 61-32.002, F.A.C, to reduce investigative costs by permitting additional citations to be issued within a calendar year in lieu of other discipline for violations of the employee leasing practice act, and repeal language to reduce ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

RULE NO.:RULE TITLE:

61-32.002Board of Employee Leasing Citations

PURPOSE AND EFFECT: To amend Rule 61-32.002, F.A.C, to reduce investigative costs by permitting additional citations to be issued within a calendar year in lieu of other discipline for violations of the employee leasing practice act, and repeal language to reduce penalties for violations of untimely filed quarterly reports, annual reports, and annual assessment fees.

SUMMARY: The proposed rulemaking amends Rule 61-32.002, F.A.C, to reduce investigative costs by permitting additional citations to be issued within a calendar year in lieu of other discipline for violations of the employee leasing practice act, and repeal language to reduce penalties for violations of untimely filed quarterly reports, annual reports, and annual assessment fees.

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(5), 455.224 FS.

LAW IMPLEMENTED: 455.224, 455.225, 468.530, 468.532 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: Thomas J. Izzo, Assistant General Counsel, Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61-32.002 Board of Employee Leasing Citations.

(1) through (2) No change.

(3) The following violations with accompanying fines may be disposed of by citation, unless the licensee has already received two citations within the preceding one year period, in which case the disciplinary procedures contained in Section 455.225, F.S., shall apply:

(a) through (c) No change.

(d) Failure to submit quarterly reports when due but which are submitted and postmarked:

1. mMore than 7 days, but less than 90 120 days after the due date, in violation of Rule 61G7-10.001, F.A.C., tThe fine shall be $500.00. ;

2. 30 days or more, but less than 60 days after the due date, in violation of Rule 61G7-10.001, F.A.C. The fine shall be $750.00;

3. 60 days or more, but less than 90 days after the due date, in violation of Rule 61G7-10.001, F.A.C. The fine shall be $1,000.00;

4. 90 days or more, but less than 120 days after the due date, in violation of Rule 61G7-10.001, F.A.C. The fine shall be $1,250.00.

(e) Failure to submit a statement of total gross Florida payroll along with copies of all Florida Unemployment Compensation Tax Returns postmarked:

1. More than 7 days, but less than 120 days after the due date, in violation of subsection 61G7-5.002(2), F.A.C. The fine shall be $500.00;

2. 30 days or more, but less than 60 days after the due date, in violation of subsection 61G7-5.002(2), F.A.C. The fine shall be $750.00;

3. 60 days or more, but less than 90 days after the due date, in violation of subsection 61G7-5.002(2), F.A.C. The fine shall be $1,000.00;

4. 90 days or more, but less than 120 days after the due date, in violation of subsection 61G7-5.002(2), F.A.C. The fine shall be $1,250.00.

(e)(f) Failure to submit annual reports when due but which are submitted and postmarked more than 7 days, but less than 30 days of the date in violation of Rule 61G7-10.0011, F.A.C. The fine shall be $500.00.

(f)(g) Failure to submit a statement of total gross Florida payroll and annual assessment fees when due but which are submitted and postmarked:

1. mMore than 7 days, but less than 90 120 days after the due date, in violation of subsection 61G7-5.002(1), F.A.C., tThe fine shall be $500.00. ;

2. 30 days or more, but less than 60 days after the due date, in violation of subsection 61G7-5.002(1), F.A.C. The fine shall be $750.00;

3. 60 days or more, but less than 90 days after the due date, in violation of subsection 61G7-5.002(1), F.A.C. The fine shall be $1,000.00;

4. 90 days or more, but less than 120 days after the due date, in violation of subsection 61G7-5.002(1), F.A.C. The fine shall be $1,250.00.

(4) through (5) No change.

(6) The procedures described herein apply only for an initial offense of the alleged violation. Subsequent violation(s) of the same rule or statute shall require the procedures of Section 455.225, F.S., to be followed. In addition, Should an initial offense for which a citation could be issued occur in conjunction with violations not described herein, then the procedures of Section 455.255, F.S., shall apply.

(7) Notwithstanding subsection (6), if a subject has not received discipline for an additional violation of the particular provision covered by this rule within the preceding one year period, then any subsequent violation of the particular provisions after one year shall be treated as a citation offense, unless the violation occurs in conjunction with a violation not described herein.

Specific Authority 455.203(5), 455.224 FS. Law Implemented 455.224, 445.225, 468.530, 468.532 FS. History–New 6-26-95, Amended 2-19-98, 12-3-00,                  .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Thomas J. Izzo, Assistant General Counsel, Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399, [phone].

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jonathan Zachem, Secretary, Department of Business and Professional Regulation.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 6, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 4, 2017.