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 unemployment 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 of
initiation or termination notify its workers' compensation insurance carrier,
the Division of Workers' Compensation, and the Division of Unemployment
Compensation of the Department of Labor and Employment Security 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.