Florida Statute 468.529 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 468
MISCELLANEOUS PROFESSIONS AND OCCUPATIONS

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F.S. 468.529

468.529 Licensee’s insurance; employment tax; benefit plans.—

(1) A licensed employee leasing company is the employer of the leased employees, except that this provision is not intended to affect the determination of any issue arising under Pub. L. No. 93-406, the Employee Retirement Income Security Act, as amended from time to time. An employee leasing company shall be responsible for timely payment of reemployment assistance taxes pursuant to chapter 443, and shall be responsible for providing workers’ compensation coverage pursuant to chapter 440. However, no licensed employee leasing company shall sponsor a plan of self-insurance for health benefits, except as may be permitted by the provisions of the Florida Insurance Code or, if applicable, by Pub. L. No. 93-406, the Employee Retirement Income Security Act, as amended from time to time. For purposes of this section, a “plan of self-insurance” shall exclude any arrangement where an admitted insurance carrier has issued a policy of insurance primarily responsible for the obligations of the health plan.

(2) An initial or renewal license may not be issued to any employee leasing company unless the employee leasing company first files with the board evidence of workers’ compensation coverage for all leased employees in this state. Each employee leasing company shall maintain and make available to its workers’ compensation carrier the following information:

(a) The correct name and federal identification number of each client company.

(b) A listing of all covered employees provided to each client company, by classification code.

(c) The total eligible wages by classification code and the premiums due to the carrier for the employees provided to each client company.

(3) A licensed employee leasing company shall within 30 days after initiation or termination notify its workers’ compensation insurance carrier, the Division of Workers’ Compensation of the Department of Financial Services, and the state agency providing reemployment assistance tax collection services under contract with the Department of Commerce through an interagency agreement pursuant to s. 443.1316 of both the initiation or the termination of the company’s relationship with any client company.

(4) An initial or renewal license may not be issued to any employee leasing company unless the employee leasing company first provides evidence to the board, as required by board rule, that the employee leasing company has paid all of the employee leasing company’s obligations for payroll, payroll-related taxes, workers’ compensation insurance, and employee benefits. All disputed amounts must be disclosed in the application.

(5) The provisions of this section are subject to verification by department or board audit.

History.—ss. 11, 17, ch. 91-93; s. 4, ch. 91-429; s. 42, ch. 94-119; s. 48, ch. 2003-36; s. 503, ch. 2003-261; s. 403, ch. 2011-142; s. 76, ch. 2012-30; s. 225, ch. 2024-6.

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Amendments to 468.529

Arrestable Offenses / Crimes under Fla. Stat. 468.529

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 468.529.

Annotations, Discussions, Cases:

Cases Citing Statute 468.529

Total Results: 5

Children's Trust v. Dept. of Mgmt. Services

Court: District Court of Appeal of Florida | Date Filed: 2007-08-08

Citation: 962 So. 2d 1009, 2007 WL 2254660

Snippet: 520(4), Fla. Stat. (2004). Furthermore, section 468.529(1), Florida Statutes (2004), specifies that "[a]

Hazealeferiou v. Labor Ready

Court: District Court of Appeal of Florida | Date Filed: 2007-01-05

Citation: 947 So. 2d 599, 2007 WL 29236

Snippet: qualify as an employer under chapter 440. Section 468.529, pertaining specifically to licensed employee leasing

TU-LANE INVESTMENTS, INC. v. Orr

Court: District Court of Appeal of Florida | Date Filed: 2004-12-20

Citation: 889 So. 2d 961, 2004 WL 2921808

Snippet: 588, 590 (Fla. 2d DCA 1998). Pursuant to section 468.529(1), Florida Statutes (2002), "[a] licensed employee

Horn v. Tandem Health Care of Florida, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2004-01-14

Citation: 862 So. 2d 938, 2004 Fla. App. LEXIS 166, 2004 WL 57258

Snippet: leasing company. First, the court pointed to section 468.529(1), Florida Statutes (1995), which provides that

Maxson Const. Co., Inc. v. Welch

Court: District Court of Appeal of Florida | Date Filed: 1998-10-16

Citation: 720 So. 2d 588, 1998 WL 719518

Snippet: employer. This was appropriate because section 468.529(1) provides that "[a] licensed leasing company