468.526
License required; fees.
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468.526 License required; fees.—
(1) An employee leasing company or controlling person may not engage in business in this state without first obtaining a license from the department.
(2) Two or more, but not more than five, employee leasing companies that are majority owned by the same ultimate parent, entity, or persons may be licensed as an employee leasing company group. An employee leasing company group may satisfy the reporting and financial requirements of this licensing law on a consolidated basis. As a condition of licensure as an employee leasing company group, each company that is a member of the group shall guarantee payment of all financial obligations of each other member.
(3) Each employee leasing company and employee leasing company group licensee shall pay to the department upon the initial issuance of a license and upon each renewal thereafter a license fee not to exceed $2,500 to be established by the board. In addition to the license fee, the board shall establish an annual assessment for each employee leasing company and each employee leasing company group sufficient to cover all costs for regulation of the profession pursuant to this chapter, chapter 455, and any other applicable provisions of law. The annual assessment shall:
(a) Be due and payable upon initial licensure and subsequent renewals thereof and 1 year before the expiration of any licensure period; and
(b) Be based on a fixed percentage, variable classes, or a combination of both, as determined by the board, of gross Florida payroll for employees leased to clients by the applicant or licensee during the period beginning five quarters before and ending one quarter before each assessment. It is the intent of the Legislature that the greater weight of total fees for licensure and assessments should be on larger companies and groups.
(4) The total licensure fee and annual assessments during a licensure period shall not exceed:
(a) Ten thousand dollars for an employee leasing company.
(b) Fourteen thousand dollars for an employee leasing company group.
(5) Each controlling person licensee shall pay to the department upon the initial issuance of a license and upon each renewal thereafter a license fee to be established by the board in an amount not to exceed $2,000.
History.—ss. 8, 17, ch. 91-93; s. 4, ch. 91-429; s. 132, ch. 92-149; s. 38, ch. 94-119; s. 96, ch. 98-166; s. 154, ch. 2000-160; s. 21, ch. 2000-356.
Notes of Decisions
Cited in 3
cases, 1996–2019 · leading case: American Home Assurance Co. v. Weaver Aggregate Transport, Inc.
American Home Assurance Co. v. Weaver Aggregate Transport, Inc. (2013)
“Beacon points to Fla. Stat. § 468.526 (1), which requires all employee leasing companies who wish to engage in business in Florida to first obtain a license from the Florida Department of Business and Professional Regulation.”
Payroll, Inc. v. Elicker (1996)
“Section 468.526(1) provided that existing employee leasing companies could remain in existence without a license until 1 March 1992, a date well after the occurrence of Elicker's accident.”
Florida Workers' Compensation Joint Underwriting Association, Inc. v. American Residuals and Talent, Inc., d/b/a Art Pay (2019)
“Whether ART is required to be licensed as an Employee Leasing Company as required by section 468.526, F.S. In the Written Report and Recommendation, OIR reversed FWCJUA’s denial of workers’ compensation coverage to ART.”
— 468.526(1) — 1 case
Payroll, Inc. v. Elicker (1996)
“Section 468.526(1) provided that existing employee leasing companies could remain in existence without a license until 1 March 1992, a date well after the occurrence of Elicker's accident.”
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