Florida Senate - 2011                                     SB 582
       
       
       
       By Senator Detert
       
       
       
       
       23-00795-11                                            2011582__
    1                        A bill to be entitled                      
    2         An act relating to local business taxes; amending s.
    3         205.022, F.S.; defining the term “independent
    4         contractor”; creating s. 205.066, F.S.; exempting an
    5         individual engaging in or managing a business in an
    6         individual capacity as an employee from requirements
    7         related to local business taxes; specifying that an
    8         independent contractor is not an employee; prohibiting
    9         a local governing authority from holding an exempt
   10         employee liable for the failure of a principal or
   11         employer to comply with certain obligations related to
   12         a local business tax or requiring an exempt employee
   13         to take certain actions related to a local business
   14         tax; prohibiting a local governing authority from
   15         requiring a principal or employer to provide personal
   16         or contact information for exempt individuals in order
   17         to obtain a local business tax receipt; amending s.
   18         205.194, F.S.; deleting obsolete provisions; deleting
   19         a requirement that the Department of Business and
   20         Professional Regulation provide certain professional
   21         regulation information to local officials who issue
   22         business tax receipts; deleting a provision
   23         prohibiting a local official who issues business tax
   24         receipts from renewing a license under certain
   25         circumstances; providing an effective date.
   26  
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Subsection (9) is added to section 205.022,
   30  Florida Statutes, to read:
   31         205.022 Definitions.—When used in this chapter, the
   32  following terms and phrases shall have the meanings ascribed to
   33  them in this section, except when the context clearly indicates
   34  a different meaning:
   35         (9)(a) “Independent contractor” means a person who meets at
   36  least four of the following criteria:
   37         1. The independent contractor maintains a separate business
   38  with his or her own work facility, truck, equipment, materials,
   39  or similar accommodations;
   40         2. The independent contractor holds or has applied for a
   41  federal employer identification number, unless the independent
   42  contractor is a sole proprietor who is not required to obtain a
   43  federal employer identification number under state or federal
   44  regulations;
   45         3. The independent contractor receives compensation for
   46  services rendered or work performed and such compensation is
   47  paid to a business rather than to an individual;
   48         4. The independent contractor holds one or more bank
   49  accounts in the name of the business entity for purposes of
   50  paying business expenses or other expenses related to services
   51  rendered or work performed for compensation;
   52         5. The independent contractor performs work or is able to
   53  perform work for any entity in addition to or besides the
   54  employer at his or her own election without the necessity of
   55  completing an employment application or process; or
   56         6. The independent contractor receives compensation for
   57  work or services rendered on a competitive-bid basis or
   58  completion of a task or a set of tasks as defined by a
   59  contractual agreement, unless such contractual agreement
   60  expressly states that an employment relationship exists.
   61         (b) If four of the criteria listed in paragraph (a) are not
   62  met, an individual may still be presumed to be an independent
   63  contractor based on full consideration of the nature of the
   64  individual situation with regard to satisfying any of the
   65  following conditions:
   66         1. The independent contractor performs or agrees to perform
   67  specific services or work for a specific amount of money and
   68  controls the means of performing the services or work.
   69         2. The independent contractor incurs the principal expenses
   70  related to the service or work that he or she performs or agrees
   71  to perform.
   72         3. The independent contractor is responsible for the
   73  satisfactory completion of the work or services that he or she
   74  performs or agrees to perform.
   75         4. The independent contractor receives compensation for
   76  work or services performed for a commission or on a per-job
   77  basis and not on any other basis.
   78         5. The independent contractor may realize a profit or
   79  suffer a loss in connection with performing work or services.
   80         6. The independent contractor has continuing or recurring
   81  business liabilities or obligations.
   82         7. The success or failure of the independent contractor’s
   83  business depends on the relationship of business receipts to
   84  expenditures.
   85         Section 2. Section 205.066, Florida Statutes, is created to
   86  read:
   87         205.066 Exemptions; employees acting in an individual
   88  capacity.—
   89         (1) An individual who engages in or manages a business,
   90  profession, or occupation in an individual capacity as an
   91  employee of another person is not required to apply for an
   92  exemption from a local business tax, pay a local business tax,
   93  or obtain a local business tax receipt. An individual acting in
   94  the capacity of an independent contractor is not an employee.
   95         (2) An employee may not be held liable by any local
   96  governing authority for the failure of a principal or employer
   97  to apply for an exemption from a local business tax, pay a local
   98  business tax, or obtain a local business tax receipt. An
   99  individual exempt under this section may not be required by any
  100  local governing authority to apply for an exemption from a local
  101  business tax, otherwise prove his or her exempt status, or pay
  102  any tax or fee related to a local business tax.
  103         (3) A principal or employer who is required to obtain a
  104  local business tax receipt may not be required by a local
  105  governing authority to provide personal or contact information
  106  for individuals exempt under this section in order to obtain a
  107  local business tax receipt.
  108         Section 3. Section 205.194, Florida Statutes, is amended to
  109  read:
  110         205.194 Prohibition of local business tax receipt without
  111  exhibition of state license or registration.—
  112         (1) Any person applying for or renewing a local business
  113  tax receipt for the period beginning October 1, 1985, to
  114  practice any profession regulated by the Department of Business
  115  and Professional Regulation, or any board or commission thereof,
  116  must exhibit an active state certificate, registration, or
  117  license, or proof of copy of the same, before such local receipt
  118  may be issued. Thereafter, only persons applying for the first
  119  time for a receipt must exhibit such certification,
  120  registration, or license.
  121         (2) The Department of Business and Professional Regulation
  122  shall, by August 1 of each year, supply to the local official
  123  who issues local business tax receipts a current list of
  124  professions it regulates and information regarding those persons
  125  for whom receipts should not be renewed due to the suspension,
  126  revocation, or inactivation of such person’s state license,
  127  certificate, or registration. The official who issues local
  128  business tax receipts shall not renew such license unless such
  129  person can exhibit an active state certificate, registration, or
  130  license.
  131         (2)(3) This section shall not apply to s. 489.113, s.
  132  489.117, s. 489.119, s. 489.131, s. 489.511, s. 489.513, s.
  133  489.521, or s. 489.537.
  134         Section 4. This act shall take effect July 1, 2011.