Florida Statute 468.529 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 468
MISCELLANEOUS PROFESSIONS AND OCCUPATIONS

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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

Annotations, Discussions, Cases:

Cases Citing Statute 468.529

Total Results: 6 | Sort by: Relevance | Newest First

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Maxson Const. Co., Inc. v. Welch, 720 So. 2d 588 (Fla. 2d DCA 1998).

Cited 8 times | Published | Florida 2nd District Court of Appeal | 1998 WL 719518

...The trial court erred in denying Maxson's motions for summary judgment. The issue of who Welch's employer was should not have gone to a jury because Welch received worker's compensation benefits pursuant to a stipulation which listed AMA as his employer. This was appropriate because section 468.529(1) provides that "[a] licensed leasing company is the employer of the leased employees......

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Hazealeferiou v. Labor Ready, 947 So. 2d 599 (Fla. 1st DCA 2007).

Cited 5 times | Published | Florida 1st District Court of Appeal | 2007 WL 29236

...See 9 Patrick John McGinley, Florida Workers' Compensation § 6.4 (2006 ed.). Distinguishing the relevant employer for workers' compensation purposes in an employee leasing context is more complicated, however, than simply determining who might qualify as an employer under chapter 440. Section 468.529, pertaining specifically to licensed employee leasing companies, provides: (1) A licensed employee leasing company is the employer of the leased employees . . . and shall be responsible for *603 providing workers' compensation coverage pursuant to chapter 440. § 468.529(1) Fla. Stat. (2005). In the workers' compensation context, however, our analysis does not stop with section 468.529....

...kers' compensation benefits, unless such benefits are provided by the employee leasing company. The seeming disparity between section 440.11(2) (conferring special employer status to companies borrowing employees from employee leasing companies) and section 468.529(1) (conferring employer status to employee leasing companies) is not irreconcilable....

...son and provided those employees workers' compensation benefits. Claimant was injured on a Maxson project and received workers' compensation benefits *604 through AMA. Claimant then brought an action in tort against Maxson. The court held that under section 468.529, claimant was an employee of the employee leasing company for workers' compensation purposes....

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Horn v. Tandem Health Care of Florida, Inc., 862 So. 2d 938 (Fla. 2d DCA 2004).

Cited 5 times | Published | Florida 2nd District Court of Appeal | 2004 Fla. App. LEXIS 166, 2004 WL 57258

...This court reversed a judgment in Welch's favor. Id. at 590. The court held that Maxson was entitled to workers' compensation immunity based on two statutory provisions, the relevance of which stemmed from the uncontested fact that AMA was a staff leasing company. First, the court pointed to section 468.529(1), Florida Statutes (1995), which provides that a licensed leasing company is the employer of the leased employees....

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Tu-lane Investments, Inc. v. Orr, 889 So. 2d 961 (Fla. 1st DCA 2004).

Cited 3 times | Published | Florida 1st District Court of Appeal | 2004 WL 2921808

...any. Id. The definition of "help supply services company" includes "employee leasing company." Caramico v. Artcraft Indus., Inc., 727 So.2d 348, 349 (Fla. 5th DCA 1999); Maxson Constr. Co. v. Welch, 720 So.2d 588, 590 (Fla. 2d DCA 1998). Pursuant to section 468.529(1), Florida Statutes (2002), "[a] licensed employee leasing company is the employer of the leased employees......

...and shall be responsible for providing workers' compensation coverage pursuant to chapter 440." To be licensed, an employee leasing company must file with the Board of Employee Leasing Companies "evidence of workers' compensation coverage for all leased employees in this state." § 468.529(2), Fla....

...compensation purposes or that it had otherwise secured compensation in compliance with section 440.38. If CORE did secure compensation in compliance with section 440.38, Orr was the employee of a licensed employee leasing company (CORE) pursuant to section 468.529, and appellant would have workers' compensation immunity pursuant to section 440.11(2)....

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United States v. Total Emp. Co., Inc., 305 B.R. 333 (Bankr. M.D. Fla. 2004).

Published | United States Bankruptcy Court, M.D. Florida | 93 A.F.T.R.2d (RIA) 1036, 2004 U.S. Dist. LEXIS 2345, 2004 WL 315282

...(c) assumes full responsibility for the payment of payroll taxes and collection of taxes from payroll on leased employees. And, an employee leasing company is responsible for the payment of unemployment taxes and workers' compensation coverage pursuant to Chapter 440 and 443 of the Florida Statutes. See Fla. Stat. § 468.529(1)....

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Child.'s Trust v. Dept. of Mgmt. Servs., 962 So. 2d 1009 (Fla. 3d DCA 2007).

Published | Florida 3rd District Court of Appeal | 2007 WL 2254660

...Section 468.520(4), Florida Statutes (2004), defines "employee leasing" as "an arrangement whereby a leasing company assigns its employees to a client and allocates the direction *1011 of and control over the leased employees between the leasing company and the client." § 468.520(4), Fla. Stat. (2004). Furthermore, section 468.529(1), Florida Statutes (2004), specifies that "[a] licensed employee leasing company is the employer of the leased employees. . . ." § 468.529(1), Fla....

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.