Florida Senate - 2025                                    SB 1130
       
       
        
       By Senator Avila
       
       
       
       
       
       39-01331-25                                           20251130__
    1                        A bill to be entitled                      
    2         An act relating to portable benefits accounts for
    3         independent contractors and sole proprietors; creating
    4         part III of ch. 448, F.S., entitled “Voluntary
    5         Portable Benefits Act”; creating s. 448.31, F.S.;
    6         providing a short title; creating s. 448.32, F.S.;
    7         providing definitions; creating s. 448.33, F.S.;
    8         authorizing certain parties to make voluntary
    9         contributions to portable benefits accounts for
   10         independent contractors and sole proprietors;
   11         prohibiting contributions to a portable benefits
   12         account from being used as a criterion for determining
   13         a worker’s employment classification; providing
   14         requirements for such contributions; providing an
   15         effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Part III of chapter 448, Florida Statutes,
   20  consisting of ss. 448.31, 448.32, and 448.33, Florida Statutes,
   21  is created and entitled the “Voluntary Portable Benefits Act.”
   22         Section 2. Section 448.31, Florida Statutes, is created to
   23  read:
   24         448.31 Short title.—This part may be cited as the
   25  “Voluntary Portable Benefits Act.”
   26         Section 3. Section 448.32, Florida Statutes, is created to
   27  read:
   28         448.32 Definitions.—As used in this part, the term:
   29         (1) “Hiring party” means a person who hires or enters into
   30  a contract with an independent contractor or sole proprietor.
   31         (2)(a) “Independent contractor” means a person who meets
   32  four of the following criteria:
   33         1. Maintains a separate business with his or her own work
   34  facility, truck, equipment, materials, or similar
   35  accommodations.
   36         2. Holds or has applied for a federal employer
   37  identification number, unless the person is a sole proprietor
   38  who is not required to obtain a federal employer identification
   39  number under state or federal regulations.
   40         3. Receives compensation for services rendered or work
   41  performed and such compensation is paid to a business rather
   42  than to an individual.
   43         4. Holds one or more bank accounts in the name of the
   44  business entity for purposes of paying business expenses or
   45  other expenses related to services rendered or work performed
   46  for compensation.
   47         5. Performs work or is able to perform work for any entity
   48  in addition to or besides the hiring party at his or her own
   49  election without the necessity of completing an employment
   50  application or process.
   51         6. Receives compensation for work or services rendered on a
   52  competitive-bid basis or completion of a task or a set of tasks
   53  as defined by a contractual agreement, unless such contractual
   54  agreement expressly states that an employment relationship
   55  exists.
   56         (b) If a person does not meet four of the criteria pursuant
   57  to paragraph (a), a person may still be presumed to be an
   58  independent contractor and not an employee based on full
   59  consideration of the nature of the person’s situation with
   60  regard to whether the person meets any of the following
   61  conditions:
   62         1. Performs or agrees to perform specific services or work
   63  for a specific amount of money and controls the means of
   64  performing the services or work.
   65         2. Incurs the principal expenses related to the service or
   66  work that he or she performs or agrees to perform.
   67         3. Is responsible for the satisfactory completion of the
   68  work or services that he or she performs or agrees to perform.
   69         4. Receives compensation for work or services performed for
   70  a commission or on a per-job basis and not on any other basis.
   71         5. May realize a profit or suffer a loss in connection with
   72  performing work or services.
   73         6. Has continuing or recurring business liabilities or
   74  obligations.
   75         7. Has success or failure in the person’s business which
   76  depends on the relationship of business receipts to
   77  expenditures.
   78         (3)(a) “Portable benefits account” means an account that
   79  is:
   80         1. Opened by an independent contractor or a sole proprietor
   81  to fund the purchase of one or more benefit plans and is
   82  administered by a third-party portable benefits account provider
   83  chosen by the independent contractor or the sole proprietor; and
   84         2. Assigned to a beneficiary of one or more benefit plans
   85  rather than to a hiring party.
   86         (b) As used in paragraph (a), the term “benefit plan”
   87  includes, but is not limited to, the following products:
   88         1. Health insurance.
   89         2. Income replacement insurance.
   90         3. Life insurance.
   91         4. Retirement benefits.
   92         (4) “Portable benefits account provider” means the
   93  administrator of a portable benefits account and includes:
   94         (a) A bank, as defined in s. 220.62(1).
   95         (b) An investment management firm.
   96         (c) A technology provider or program manager that offers
   97  services through a bank or investment management firm.
   98         (d) Any other person that demonstrates to the satisfaction
   99  of the Financial Services Commission that the manner in which
  100  the person will administer the portable benefits account will be
  101  consistent with the portable benefits account requirements under
  102  s. 448.33.
  103         (5) “Sole proprietor” has the same meaning as in s. 440.02.
  104         Section 4. Section 448.33, Florida Statutes, is created to
  105  read:
  106         448.33 Voluntary contributions to portable benefits
  107  accounts for independent contractors and sole proprietors.—
  108         (1) Any person or entity, including an independent
  109  contractor; a sole proprietor; a hiring party, whether a public
  110  or private entity; or an Internet-based or application-based
  111  company, may voluntarily contribute funds to a portable benefits
  112  account for an independent contractor or sole proprietor.
  113         (2)(a) Contributions to a portable benefits account may not
  114  be used as a criterion for determining a worker’s employment
  115  classification.
  116         (b) Contributions to a portable benefits account may be
  117  made using:
  118         1. The funds of the hiring party; or
  119         2. A percentage of funds withheld from compensation owed to
  120  the independent contractor or sole proprietor if all the
  121  following conditions are met:
  122         a. The withholdings are voluntary and expressly agreed to
  123  in writing, and the agreement is written in clear and
  124  unambiguous language and prominently displayed in the work
  125  contract or a separate notice.
  126         b. The withholdings require the independent contractor or
  127  sole proprietor to opt in, and the independent contractor or
  128  sole proprietor may choose to opt out of the withholdings at any
  129  time.
  130         Section 5. This act shall take effect July 1, 2025.