HB 7241

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

CODING: Words stricken are deletions; words underlined are additions.