Florida Senate - 2010 CS for SB 2046
By the Committee on Banking and Insurance; and Senator Richter
597-03690-10 20102046c1
1 A bill to be entitled
2 An act relating to employee leasing companies;
3 amending s. 468.5245, F.S.; deleting the requirement
4 that an employee leasing company obtain approval of
5 the Board of Employee Leasing Companies before
6 changing the name or location of a company; providing
7 that board approval is not required before the
8 purchase or acquisition of a company if a controlling
9 person in the company is licensed; deleting provisions
10 requiring board approval prior to existing stockholder
11 or partners of a company acquiring control of a
12 company; amending s. 468.528, F.S.; providing that
13 failure to timely pay a license renewal fee subjects
14 the licensee to disciplinary action; amending s.
15 468.534, F.S.; specifying that the regulatory
16 requirements applicable to employee leasing companies
17 do not affect the eligibility of such companies, their
18 clients, or leased employees for any local or state
19 tax credit, economic incentive, or other benefit;
20 providing an effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Section 468.5245, Florida Statutes, is amended
25 to read:
26 468.5245 Change of ownership.—
27 (1) A license or registration issued to any entity under
28 this part may not be transferred or assigned, and a licensee or
29 registrant may not operate an entity subject to licensure or
30 registration pursuant to this part under any name or at any
31 location other than that specified in the application for the
32 license or registration without having received the prior
33 written consent of the board. The board shall adopt rules to
34 provide for a licensee’s or registrant’s change of name or
35 location.
36 (2) A person or entity that seeks to purchase or acquire
37 control of an employee leasing company or group entity licensed
38 or registered under this part must first apply to the board for
39 a certificate of approval for the proposed change of ownership.
40 However, prior approval is not required if, at the time the
41 purchase or acquisition occurs, a controlling person of the
42 employee leasing company or group maintains a controlling person
43 license under this part. Notification must be provided to the
44 board within 30 days after the purchase or acquisition of such
45 company in the manner prescribed by the board. The application
46 must contain the name and address of the proposed new owner and
47 other information required by the board.
48 (3) Any existing stockholders or partners who intend to
49 acquire, from other stockholders or partners, control of an
50 existing entity that is licensed or registered under this part
51 must first apply to the board for a certificate of approval for
52 the proposed change of ownership. The application must contain
53 the names and addresses of the stockholders or partners who own
54 10 percent or more of the entity and who are seeking to acquire
55 control and other information required by the board.
56 (4) Before recommending to the board that a certificate of
57 approval be issued to an applicant that has applied under
58 subsection (2) or subsection (3), the department may conduct an
59 investigation of the applicant and examine the records of the
60 entity as part of the investigation in accordance with
61 applicable law and submit its findings to the board. As a part
62 of its investigation, the department shall determine if there
63 are any complaints pending against the company being purchased,
64 the controlling person proposed to operate the purchased entity,
65 or the proposed controlling person’s existing company. The
66 board, upon the department’s recommendation, shall issue a
67 certificate of approval only after it has determined that the
68 proposed new owner possesses the financial ability, experience,
69 and integrity to operate the entity under s. 468.525.
70 (5) The board shall waive the requirements of subsection
71 (4) and automatically approve the proposed change in ownership
72 if the application meets the requirements of subsection (2) or
73 subsection (3), the proposed new owner and the current owner are
74 part of the same controlled entity, and no member or controlling
75 person of the controlled entity is under investigation or has
76 been previously denied a license by the board.
77 (3)(6) Any application that is submitted to the board under
78 this section shall be deemed approved if the board has not
79 approved the application or rejected the application, and
80 provided the applicant with the basis for a rejection, within 90
81 days after the receipt of the completed application.
82 (4)(7) The board shall establish filing fees for a change
83 of-ownership application in accordance with s. 468.524(1).
84 Section 2. Section 468.528, Florida Statutes, is amended to
85 read:
86 468.528 Delinquent licenses.—Failure to renew the license
87 at the time of renewal and pay the appropriate fee shall result
88 in the license becoming delinquent. Licensees shall have 30 days
89 after the renewal date in which to renew their licenses and pay
90 a late fee not to exceed $300. If payment is not received within
91 30 days this 30-day time period, the license is subject to
92 disciplinary action pursuant to s. 468.532(1)(f) shall
93 automatically become void without further action of the board.
94 Section 3. Section 468.534, Florida Statutes, is amended to
95 read:
96 468.534 Application.—
97 (1) Nothing in This part does not shall exempt any client
98 of any employee leasing company, or any leased employee, from
99 any other license requirements of state, local, or federal law.
100 Any employee leased to a client company, who is licensed,
101 registered, or certified pursuant to law, is shall be deemed to
102 be an employee of the client company for such licensure
103 purposes, but remains shall remain an employee of the employee
104 leasing company as specified in chapters 440 and 443.
105 (2) This part does not affect the eligibility of an
106 employee leasing company, a client of the leasing company, or a
107 leased employee to participate in or benefit from any local or
108 state tax credit, other local or state economic incentive, or
109 other benefit based on employment which the client or leased
110 employee would have been eligible for if an employee leasing
111 relationship did not exist. For the purposes of this subsection,
112 if the grant or amount of the tax credit, economic incentive, or
113 other benefit is based on the number of a client’s employees,
114 the leased employees are treated as if they were direct
115 employees for the purposes of the tax credit, incentive, or
116 other benefit. Upon the request of a client or a local or state
117 entity responsible for the administration of the tax credit,
118 economic incentive, or other benefit, the employee leasing
119 company shall provide any employment information reasonably
120 required by such entity to support the request, claim,
121 application, or other action by a client seeking such tax
122 credit, economic incentive, or benefit.
123 Section 4. This act shall take effect July 1, 2010.