Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS/HB 7087, 1st Eng.
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Floor: WD            .                                
             03/09/2018 10:05 AM       .                                

       Senator Bradley moved the following:
    1         Senate Amendment to Amendment (486636) (with title
    2  amendment)
    4         Between lines 2302 and 2303
    5  insert:
    6         Section 55. Chapter 451, Florida Statutes, consisting of
    7  sections 451.01 and 451.02, Florida Statutes, is created to
    8  read:
    9                             CHAPTER 451                           
   10                       MARKETPLACE CONTRACTORS                     
   11         451.01.Definitions.—For purposes of this chapter, the
   12  term:
   13         (1)“Household services” means:
   14         (a) Furniture assembly;
   15         (b) Interior painting;
   16         (c) Television mounting;
   17         (d) Local moving help, such as packing, lifting, loading,
   18  and rearranging household items, but excluding transporting
   19  items;
   20         (e) Hanging pictures, mirrors, curtains, blinds, and
   21  shelves;
   22         (f) Home cleaning;
   23         (g) Installation of in home technology that does not
   24  require a hard-wired electrical connection; or
   25         (h) Installing or replacing door hardware.
   27  Household services shall not include services that require
   28  licensure under chapter 489.
   29         (2)“Marketplace contractor” means any individual that:
   30         (a)Enters into an agreement with a marketplace platform to
   31  use the platform’s technology application to connect with third
   32  party individuals or entities seeking temporary household
   33  services.
   34         (b)In return for compensation, offers or provides
   35  temporary household services to third-party individuals or
   36  entities through the marketplace platform’s technology
   37  application.
   38         (3)“Marketplace platform” or “platform” means an entity
   39  operating in this state that:
   40         (a)Offers an online-enabled technology application
   41  service, website, or system that enables marketplace contractors
   42  to provide services to third-party individuals or entities
   43  seeking such temporary household services.
   44         (b)Accepts service requests from the public only through
   45  its online-enabled technology application service, website, or
   46  system.
   47         451.02Marketplace contractors.—
   48         (1)A marketplace contractor shall be treated as an
   49  independent contractor, and not an employee, of the marketplace
   50  platform for all purposes under state and local laws,
   51  regulations, and ordinances, including, but not limited to,
   52  chapters 440 and 443, if all of the following conditions are
   53  met:
   54         (a)The marketplace platform does not unilaterally
   55  prescribe specific hours during which the marketplace contractor
   56  must be available to accept service requests submitted through
   57  the platform from third-party individuals or entities.
   58         (b)The marketplace platform does not prohibit the
   59  marketplace contractor from using the technology application
   60  offered by other marketplace platforms.
   61         (c)The marketplace platform does not restrict the
   62  contractor from engaging in any other occupation or business.
   63         (d)The marketplace platform and marketplace contractor
   64  agree in writing that the marketplace contractor is an
   65  independent contractor with respect to the marketplace platform.
   66         (e)The marketplace contractor bears all or substantially
   67  all of the marketplace contractor’s expenses incurred by the
   68  marketplace contractor in performing the services.
   69         (f)The marketplace contractor is responsible for paying
   70  taxes on the marketplace contractor’s income.
   71         (2)Subsection (1) applies to services performed by a
   72  marketplace contractor before July 1, 2018, if the conditions
   73  set forth in subsection (1) were satisfied when the services
   74  were performed.
   75         (3)Compliance with subsection (1) is not mandatory to
   76  establish the existence of an independent contractor
   77  relationship. The exclusion of any person or service from this
   78  section does not create any presumption and is not admissible to
   79  deny the existence of an independent contractor relationship.
   80         (4) Third-party individuals or entities seeking services
   81  through the marketplace platform and marketplace contractors
   82  must comply with chapter 440 in the same manner as if they had
   83  not connected through the marketplace platform.
   84         (5) This section does not apply to:
   85         (a)Services performed in the employ of the state, a
   86  political subdivision of the state, an Indian tribe, an
   87  instrumentality of a state, or any political subdivision of a
   88  state or an Indian tribe that is wholly owned by one or more
   89  states, political subdivisions, or Indian tribes, respectively,
   90  provided that such service is excluded from employment as
   91  defined in s. 3306 of the Federal Unemployment Tax Act.
   92         (b)Services performed in the employ of a religious,
   93  charitable, educational, or other organization that is excluded
   94  from employment as defined in ss. 3301-3311 of the Federal
   95  Unemployment Tax Act, solely by reason of s. 3306(c)(8) of the
   96  act.
   98  ================= T I T L E  A M E N D M E N T ================
   99  And the title is amended as follows:
  100         Delete line 2900
  101  and insert:
  102         school districts for certain purposes; creating ch.
  103         451, F.S., entitled “Marketplace Contractors”;
  104         creating s. 451.01, F.S.; defining terms; creating s.
  105         451.02, F.S.; providing that a marketplace contractor
  106         is deemed an independent contractor if specified
  107         conditions are met; providing applicability and
  108         construction; providing sales