Florida Statutes

Fla. Stat. § 468.520 (2025)

Definitions.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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468.520 Definitions.—As used in this part:

(1) “Applicant” means a business or individual seeking to be licensed under this part.

(2) “Board” means the Board of Employee Leasing Companies.

(3) “Department” means the Department of Business and Professional Regulation.

(4) “Employee leasing” means 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. The term does not include the following:

(a) A temporary help arrangement, whereby an organization hires its own employees and assigns them to a client to support or supplement the client’s workforce in special work situations such as employee absences, temporary skill shortages, seasonal workloads, and special assignments and projects.

(b) An arrangement in which an organization employs only one category of employees and assigns them to a client to perform a function inherent to that category and which function is separate and divisible from the primary business of the client.

(c) A facilities staffing arrangement, whereby an organization assigns its employees to staff, in whole or in part, a specific client function or functions, on an ongoing, indefinite basis, provided that the total number of individuals assigned by that organization under such arrangements comprises no more than 50 percent of the workforce at a client’s worksite and provided further that no more than 20 percent of the individuals assigned to staff a particular client function were employed by the client immediately preceding the commencement of the arrangement.

(d) An arrangement in which an organization assigns its employees only to a commonly controlled company or group of companies as defined in s. 414 of the Internal Revenue Code and in which the organization does not hold itself out to the public as an employee leasing company.

(e) A home health agency licensed under chapter 400, unless otherwise engaged in business as an employee leasing company.

(f) A health care services pool licensed under s. 400.980, unless otherwise engaged in business as an employee leasing company.

(5) “Employee leasing company” means a sole proprietorship, partnership, corporation, or other form of business entity engaged in employee leasing.

(6) “Client company” means a person or entity which contracts with an employee leasing company and is provided employees pursuant to that contract.

(7) “Controlling person” means:

(a) Any natural person who possesses, directly or indirectly, the power to direct or cause the direction of the management or policies of any employee leasing company, including, but not limited to:

1. Direct or indirect control of 50 percent or more of the voting securities of the employee leasing company; or

2. The general power to endorse any negotiable instrument payable to or on behalf of the employee leasing company or to cause the direction of the management or policies of any employee leasing company; or

(b) Any natural person employed, appointed, or authorized by an employee leasing company to enter into a contractual relationship with a client company on behalf of the employee leasing company.

History.—ss. 2, 17, ch. 91-93; s. 4, ch. 91-429; s. 31, ch. 94-119; s. 145, ch. 94-218; s. 104, ch. 2000-349.

Notes of Decisions

Cited in 10 cases, 2000–2019 · leading case: Pac. Employers Ins. v. Wausau Bus. Ins., 508 F. Supp. 2d 1167 (M.D. Fla. 2007).

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Pac. Employers Ins. v. Wausau Bus. Ins., 508 F. Supp. 2d 1167 (M.D. Fla. 2007). · cites it 12× “Fla. Stat. § 468.520 (4)(a) defines a “temporary help arrangement” as one in “which an organization hires its own employees and assigns them to a client to support or supplement the client’s workforce in special work situations such as employee absences, temporary skill…”

United States v. Total Emp. Co., Inc., 305 B.R. 333 (Bankr. M.D. Fla. 2004). · cites it 4× “Fla. Stat. § 468.520 , et seq. 4 . Fla. Stat.”

Am. Employers Grp., Inc. v. Dep't of Labor, 617 N.W.2d 808 (Neb. 2000). “, Fla. Stat. Ann. § 468.520 (4) (West Cum. Supp.”

Florida Workers' Comp. Jt. Underwriting Ass'n, Inc. v. Am. Residuals & Talent, Inc., d/b/a Art Payroll (Fla. 1st DCA 2019). · cites it 7× “” § 468.520(4), Fla. Stat. Furthermore, Chapter 468, Florida Statutes, requires that employee leasing companies be licensed.”

Bolanos v. Workforce All., 23 So. 3d 171 (Fla. 1st DCA 2009). “” §§ 468.520(4), (5), Fla. Stat. (2006) (emphasis added).”

Florida Workers' Comp. Jt. Underwriting etc. et a v. Am. Residuals & Talent, Inc. etc. (Fla. 1st DCA 2018). · cites it 4× “” § 468.520(4), Fla. Stat. Furthermore, Chapter 468, Florida Statutes, requires that employee leasing companies be licensed.”

Beck v. Boce Grp., L.C., 390 F. Supp. 2d 1255 (S.D. Fla. 2005). · cites it 4× “…The purpose behind Florida Statute § 468.520 et seq. is to "regulate the practice of employee leasing in [Florida].” Fla. Stat. § 468.520 .”

Child.'s Trust v. Dept. of Mgmt. Servs., 962 So. 2d 1009 (Fla. 3d DCA 2007). · cites it 4× “" § 468.520(4), Fla. Stat. (2004). Furthermore, section 468.”

Trinet Grp., Inc. v. United States, 359 F. Supp. 3d 1144 (M.D. Fla. 2018). “at ¶ 5 ) Gevity was headquartered in and licensed by the state of Florida as an employee leasing company under Florida Statutes §§ 468.520 -.535. (Dkt. 31 at ¶ 2) As a PEO, Gevity provided services to small and medium sized businesses, including payroll processing, employment…”

Bushong v. Peel, 85 So. 3d 511 (Fla. 2d DCA 2012). “Because this industry is heavily regulated, see §§ 468.520-.535, Fla. Stat. (2011), and because Mr.”

— 468.520(4) — 4 cases

Florida Workers' Comp. Jt. Underwriting Ass'n, Inc. v. Am. Residuals & Talent, Inc., d/b/a Art Payroll (Fla. 1st DCA 2019). “” § 468.520(4), Fla. Stat. Furthermore, Chapter 468, Florida Statutes, requires that employee leasing companies be licensed.”

Bolanos v. Workforce All., 23 So. 3d 171 (Fla. 1st DCA 2009). “” §§ 468.520(4), (5), Fla. Stat. (2006) (emphasis added).”

Florida Workers' Comp. Jt. Underwriting etc. et a v. Am. Residuals & Talent, Inc. etc. (Fla. 1st DCA 2018). “” § 468.520(4), Fla. Stat. Furthermore, Chapter 468, Florida Statutes, requires that employee leasing companies be licensed.”

Child.'s Trust v. Dept. of Mgmt. Servs., 962 So. 2d 1009 (Fla. 3d DCA 2007). “" § 468.520(4), Fla. Stat. (2004). Furthermore, section 468.”

— 468.520(5) — 2 cases

— 468.520(6) — 1 case

United States v. Total Emp. Co., Inc., 305 B.R. 333 (Bankr. M.D. Fla. 2004). “Fla. Stat. § 468.520 , et seq. 4 . Fla. Stat.”

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