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Florida Statute 468.525 - Full Text and Legal Analysis
Florida Statute 468.525 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
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The 2025 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 468
MISCELLANEOUS PROFESSIONS AND OCCUPATIONS
View Entire Chapter
F.S. 468.525
468.525 License requirements.
(1) Each controlling person licensed by the department shall:
(a) Be at least 18 years of age.
(b) Be of good moral character.
(c) Have the education, managerial, or business experience to successfully operate or be a controlling person of an employee leasing company.
(2)(a) As used in this part, “good moral character” means a personal history of honesty, trustworthiness, fairness, a good reputation for fair dealings, and respect for the rights of others and for the laws of this state and nation. A thorough background investigation of the individual’s good moral character shall be instituted by the department. Such investigation shall require:
1. The submission of fingerprints, for processing through appropriate law enforcement agencies, by the applicant and the examination of police records by the board.
2. Such other investigation of the individual as the board may deem necessary.
(b) The board may deny an application for licensure or renewal citing lack of good moral character. Conviction of a crime within the last 7 years shall not automatically bar any applicant or licensee from obtaining a license or continuing as a licensee. The board shall consider the type of crime committed, the crime’s relevancy to the employee leasing industry, the length of time since the conviction and any other factors deemed relevant by the board.
(3) Each employee leasing company licensed by the department shall have a registered agent for service of process in this state and at least one licensed controlling person. In addition, each licensed employee leasing company shall comply with the following requirements:
(a) The employment relationship with workers provided by the employee leasing company to a client company shall be established by written agreement between the leasing company and the client, and written notice of that relationship shall be given by the employee leasing company to each worker who is assigned to perform services at the client company’s worksite.
(b) An applicant for an initial employee leasing company license shall have a tangible accounting net worth of not less than $50,000.
(c) An applicant for initial or renewal license of an employee leasing company license or employee leasing company group shall have an accounting net worth or shall have guaranties, letters of credit, or other security acceptable to the board in sufficient amounts to offset any deficiency. A guaranty will not be acceptable to satisfy this requirement unless the applicant submits sufficient evidence to satisfy the board that the guarantor has adequate resources to satisfy the obligation of the guaranty.
(d) Each employee leasing company shall maintain an accounting net worth and positive working capital, as determined in accordance with generally accepted accounting principles, or shall have guaranties, letters of credit, or other security acceptable to the board in sufficient amounts to offset any deficiency. A guaranty will not be acceptable to satisfy this requirement unless the licensee submits sufficient evidence, as defined by rule, that the guarantor has adequate resources to satisfy the obligation of the guaranty. In determining the amount of working capital, a licensee shall include adequate reserves for all taxes and insurance, including plans of self-insurance or partial self-insurance for claims incurred but not paid and for claims incurred but not reported. Compliance with the requirements of this paragraph is subject to verification by department or board audit.
(e) Each employee leasing company or employee leasing company group shall submit annual financial statements audited by an independent certified public accountant, with the application and within 120 days after the end of each fiscal year, in a manner and time prescribed by the board, provided however, that any employee leasing company or employee leasing company group with gross Florida payroll of less than $2.5 million during any fiscal year may submit financial statements reviewed by an independent certified public accountant for that year.
(f) The licensee shall notify the department or board in writing within 30 days after any change in the application or status of the license.
(g) Each employee leasing company or employee leasing company group shall maintain accounting and employment records relating to all employee leasing activities for a minimum of 3 calendar years.
(4) The employee leasing company’s contractual arrangements with its client companies shall satisfy the following conditions, whereby the leasing company:
(a) Reserves a right of direction and control over leased employees assigned to the client’s location. However, a client may retain such sufficient direction and control over the leased employees as is necessary to conduct the client’s business and without which the client would be unable to conduct its business, discharge any fiduciary responsibility that it may have, or comply with any applicable licensure, regulatory, or statutory requirement of the client.
(b) Assumes responsibility for the payment of wages to the leased employees without regard to payments by the client to the leasing company.
(c) Assumes full responsibility for the payment of payroll taxes and collection of taxes from payroll on leased employees.
(d) Retains authority to hire, terminate, discipline, and reassign the leased employees. However, the client company may have the right to accept or cancel the assignment of any leased employee.
(e) Retains a right of direction and control over management of safety, risk, and hazard control at the worksite or sites affecting its leased employees, including:
1. Responsibility for performing safety inspections of client equipment and premises.
2. Responsibility for the promulgation and administration of employment and safety policies.
3. Responsibility for the management of workers’ compensation claims, claims filings, and related procedures.
(f) Has given written notice of the relationship between the employee leasing company and the client company to each leased employee it assigns to perform services at the client’s worksite.
History.ss. 7, 17, ch. 91-93; s. 4, ch. 91-429; s. 37, ch. 94-119; s. 20, ch. 2000-356.

F.S. 468.525 on Google Scholar

F.S. 468.525 on CourtListener

Amendments to 468.525


Annotations, Discussions, Cases:

Cases Citing Statute 468.525

Total Results: 8

Feraci v. Grundy Marine Construction Co.

315 F. Supp. 2d 1197, 2004 U.S. Dist. LEXIS 5681, 2004 WL 895889

District Court, N.D. Florida | Filed: Mar 11, 2004 | Docket: 2249253

Cited 6 times | Published

sites affecting its leased employees." Fla. Stat. § 468.525(4)(e) (2002). In keeping with the statutory requirement

Earthmovers, Inc. v. United States (In Re Earthmovers, Inc.)

199 B.R. 62, 10 Fla. L. Weekly Fed. B 49, 1996 Bankr. LEXIS 980, 78 A.F.T.R.2d (RIA) 6300, 29 Bankr. Ct. Dec. (CRR) 678, 1996 WL 450252

United States Bankruptcy Court, M.D. Florida | Filed: Aug 7, 1996 | Docket: 1112949

Cited 3 times | Published

pursuant to Chapter 468, Florida Statutes. Fla.Stat. § 468.525 sets out the requirements for leasing companies

Beck v. Boce Group, L.C.

391 F. Supp. 2d 1183, 2005 U.S. Dist. LEXIS 28399, 2005 WL 2335335

District Court, S.D. Florida | Filed: Sep 15, 2005 | Docket: 2343555

Cited 2 times | Published

Plaintiffs appear to argue that Florida Statute § 468.525(4) and the SSA establish that: (1) the Defendant

Haggerty v. Department of Business and Professional Regulation

716 So. 2d 873, 1998 WL 569171

District Court of Appeal of Florida | Filed: Sep 9, 1998 | Docket: 1521949

Cited 1 times | Published

disciplining them for failing to comply with section 468.525, Florida Statutes (Supp.1994). Appellants challenge

Trinet Group, Inc. v. United States

359 F. Supp. 3d 1144

District Court, M.D. Florida | Filed: Sep 17, 2018 | Docket: 64322706

Published

defendant based on the language of Florida Statute § 468.525 and did discuss the obligations of Florida-licensed

Blue Stone Real Estate v. Ward

962 So. 2d 945, 2007 WL 2066144

District Court of Appeal of Florida | Filed: Jul 20, 2007 | Docket: 1519092

Published

to terminate the employment relationship. See § 468.525(4)(f), Fla. Stat. (2004) (providing that an employee

Beck v. Boce Group, L.C.

390 F. Supp. 2d 1255, 2005 U.S. Dist. LEXIS 28439, 2005 WL 2271854

District Court, S.D. Florida | Filed: Sep 13, 2005 | Docket: 37314

Published

According to Plaintiffs, pursuant to Florida Statute § 468.525(4)(b) and the terms of the SSA Presidion Solutions

United States v. Total Employment Co., Inc.

305 B.R. 333, 93 A.F.T.R.2d (RIA) 1036, 2004 U.S. Dist. LEXIS 2345, 2004 WL 315282

United States Bankruptcy Court, M.D. Florida | Filed: Feb 12, 2004 | Docket: 1081546

Published

Fla. Stat. § 468.525. Pertinent to the issue before this Court, Florida Statutes § 468.525(4)(b) and (c)