Florida Senate - 2021                                     SB 882
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       39-01066-21                                            2021882__
    1                        A bill to be entitled                      
    2         An act relating to determinations of employment
    3         status; creating s. 448.111, F.S.; defining the term
    4         “engaged individual”; prohibiting certain actions
    5         taken during a public health emergency or state of
    6         emergency from being the basis of determining in civil
    7         proceedings whether an individual is an employee or
    8         independent contractor or whether an entity is a joint
    9         employer; providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 448.111, Florida Statutes, is created to
   14  read:
   15         448.111 Determination of employment status during
   16  emergencies.—
   17         (1) As used in this section, the term “engaged individual”
   18  means an individual who provides a product or service to a
   19  business entity or on behalf of a business entity and receives
   20  remuneration for such service regardless of whether the
   21  individual is classified as an employee or as an independent
   22  contractor.
   23         (2) In a civil proceeding, the following actions may not be
   24  the basis for determining whether an engaged individual is an
   25  employee or an independent contractor or whether an entity is
   26  the joint employer of an engaged individual if such actions were
   27  taken during a public health emergency declared pursuant to s.
   28  381.00315 or a state of emergency declared pursuant to s.
   29  252.36:
   30         (a) Providing financial assistance to engaged individuals
   31  who are unable to work because of health or safety concerns;
   32         (b) Directly providing benefits related to the health and
   33  safety of engaged individuals, including, but not limited to,
   34  medical or cleaning supplies, personal protective equipment,
   35  health checkups, or medical testing;
   36         (c) Providing training or information related to the health
   37  or safety of engaged individuals or the public; or
   38         (d) Taking any action intended to protect public health and
   39  safety, including, but not limited to, actions required or
   40  suggested by federal, state, or local law.
   41         Section 2. This act shall take effect July 1, 2021.