Florida Statutes 468.532 – Discipline
Current as of: 2023 | Check for updates
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(1) The following constitute grounds for which disciplinary action against a licensee may be taken by the board:
(a) Being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, bribery, fraud, or willful misrepresentation in obtaining, attempting to obtain, or renewing a license.
Terms Used In Florida Statutes 468.532
- Board: means the Board of Employee Leasing Companies. See Florida Statutes 468.520
- Controlling person: means :(a) Any natural person who possesses, directly or indirectly, the power to direct or cause the direction of the management or policies of any employee leasing company, including, but not limited to:1. See Florida Statutes 468.520
- Department: means the Department of Business and Professional Regulation. See Florida Statutes 468.520
- Employee leasing: means an arrangement whereby a leasing company assigns its employees to a client and allocates the direction of and control over the leased employees between the leasing company and the client. See Florida Statutes 468.520
- Employee leasing company: means a sole proprietorship, partnership, corporation, or other form of business entity engaged in employee leasing. See Florida Statutes 468.520
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- writing: includes handwriting, printing, typewriting, and all other methods and means of forming letters and characters upon paper, stone, wood, or other materials. See Florida Statutes 1.01
(b) Being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the operation of an employee leasing business or the ability to engage in business as an employee leasing company.(c) Being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, fraud, deceit, or misconduct in the classification of employees pursuant to chapter 440.(d) Being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, fraud, deceit, or misconduct in the establishment or maintenance of self-insurance, be it health insurance or workers’ compensation insurance.(e) Being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, fraud, deceit, or misconduct in the operation of an employee leasing company.(f) Conducting business without an active license.(g) Failing to maintain workers’ compensation insurance as required in s. 468.529.(h) Transferring or attempting to transfer a license issued pursuant to this part.(i) Violating any provision of this part or any lawful order or rule issued under the provisions of this part or chapter 455.(j) Failing to notify the board, in writing, of any change of the primary business address or the addresses of any of the licensee’s offices in the state.(k) Having been confined in any county jail, postadjudication, or being confined in any state or federal prison or mental institution, or when through mental disease or deterioration, the licensee can no longer safely be entrusted to deal with the public or in a confidential capacity.(l) Having been found guilty for a second time of any misconduct that warrants suspension or being found guilty of a course of conduct or practices which shows that the licensee is so incompetent, negligent, dishonest, or untruthful that the money, property, transactions, and rights of investors, or those with whom the licensee may sustain a confidential relationship, may not safely be entrusted to the licensee.(m) Failing to inform the board in writing within 30 days after being convicted or found guilty of, or entering a plea of nolo contendere to, any felony, regardless of adjudication.(n) Failing to conform to any lawful order of the board.(o) Being determined liable for civil fraud by a court in any jurisdiction.(p) Having adverse material final action taken by any state or federal regulatory agency for violations within the scope of control of the licensee.(q) Failing to inform the board in writing within 30 days after any adverse material final action by a state or federal regulatory agency.(r) Failing to meet or maintain the requirements for licensure as an employee leasing company or controlling person.(s) Engaging as a controlling person any person who is not licensed as a controlling person by the board.(t) Attempting to obtain, obtaining, or renewing a license to practice employee leasing by bribery, misrepresentation, or fraud.(2) When the board finds any violation of subsection (1), it may do one or more of the following:(a) Deny an application for licensure.(b) Permanently revoke, suspend, restrict, or not renew a license.(c) Impose an administrative fine not to exceed $5,000 for every count or separate offense.(d) Issue a reprimand.(e) Place the licensee on probation for a period of time and subject to such conditions as the board may specify.(f) Assess costs associated with investigation and prosecution.(3) Upon revocation or suspension of a license, the licensee must immediately return to the department the license that was revoked or suspended.(4) The board shall specify the penalties for any violation of this part.