Florida 2025 Regular Session

Florida House Bill H1067 Compare Versions

Only one version of the bill is available at this time.

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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to portable benefits accounts for 2
16	16	independent contractors and sole proprietors; creating 3
17	17	part III of ch. 448, F.S., entitled "Voluntary 4
18	18	Portable Benefits Act"; creating s. 448.31, F.S.; 5
19	19	providing a short title; creating s. 448.32, F.S.; 6
20	20	providing definitions; creating s. 448.33, F.S.; 7
21	21	authorizing certain parties to make voluntary 8
22	22	contributions to portable benefits accounts for 9
23	23	independent contractors and sole proprietors; 10
24	24	providing requirements for such contributions; 11
25	25	providing an effective date. 12
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27	27	Be It Enacted by the Legislature o f the State of Florida: 14
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29	29	Section 1. Part III of chapter 448, Florida Statutes, 16
30	30	consisting of ss. 448.31, 448.32, and 448.33, Florida Statutes, 17
31	31	is created and entitled the "Voluntary Portable Benefits Act." 18
32	32	Section 2. Section 448.31, Florida Statute s, is created to 19
33	33	read: 20
34	34	448.31 Short title. —This part may be cited as the 21
35	35	"Voluntary Portable Benefits Act." 22
36	36	Section 3. Section 448.32, Florida Statutes, is created to 23
37	37	read: 24
38	38	448.32 Definitions. —As used in this part, the term: 25
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	(1) "Hiring party" me ans a person who hires or enters into 26
52	52	a contract with an independent contractor or sole proprietor. 27
53	53	(2)(a) "Independent contractor" means a person who meets 28
54	54	four of the following criteria: 29
55	55	1. Maintains a separate business with his or her own work 30
56	56	facility, truck, equipment, materials, or similar 31
57	57	accommodations. 32
58	58	2. Holds or has applied for a federal employer 33
59	59	identification number, unless the person is a sole proprietor 34
60	60	who is not required to obtain a federal employer identification 35
61	61	number under state o r federal regulations. 36
62	62	3. Receives compensation for services rendered or work 37
63	63	performed and such compensation is paid to a business rather 38
64	64	than to an individual. 39
65	65	4. Holds one or more bank accounts in the name of the 40
66	66	business entity for purposes of payi ng business expenses or 41
67	67	other expenses related to services rendered or work performed 42
68	68	for compensation. 43
69	69	5. Performs work or is able to perform work for any entity 44
70	70	in addition to or besides the hiring party at his or her own 45
71	71	election without the necessity of completing an employment 46
72	72	application or process. 47
73	73	6. Receives compensation for work or services rendered on 48
74	74	a competitive-bid basis or completion of a task or a set of 49
75	75	tasks as defined by a contractual agreement, unless such 50
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	contractual agreement expr essly states that an employment 51
89	89	relationship exists. 52
90	90	(b) If a person does not meet four of the criteria 53
91	91	pursuant to paragraph (a), a person may still be presumed to be 54
92	92	an independent contractor and not an employee based on full 55
93	93	consideration of the natur e of the person's situation with 56
94	94	regard to whether the person meets any of the following 57
95	95	conditions: 58
96	96	1. Performs or agrees to perform specific services or work 59
97	97	for a specific amount of money and controls the means of 60
98	98	performing the services or work. 61
99	99	2. Incurs the principal expenses related to the service or 62
100	100	work that he or she performs or agrees to perform. 63
101	101	3. Is responsible for the satisfactory completion of the 64
102	102	work or services that he or she performs or agrees to perform. 65
103	103	4. Receives compensation for work or services performed 66
104	104	for a commission or on a per -job basis and not on any other 67
105	105	basis. 68
106	106	5. May realize a profit or suffer a loss in connection 69
107	107	with performing work or services. 70
108	108	6. Has continuing or recurring business liabilities or 71
109	109	obligations. 72
110	110	7. Has success or failure in the person's business which 73
111	111	depends on the relationship of business receipts to 74
112	112	expenditures. 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	(3)(a) "Portable benefits account" means an account that 76
126	126	is: 77
127	127	1. Opened by an independent contractor or a sole 78
128	128	proprietor to fund the purchase of one or more benefit plans and 79
129	129	is administered by a third -party portable benefits account 80
130	130	provider chosen by the independent contractor or the sole 81
131	131	proprietor; and 82
132	132	2. Assigned to a beneficiary of one or more benefit plans 83
133	133	rather than to a hiring party. 84
134	134	(b) As used in paragraph (a), the term "benefit plan" 85
135	135	includes, but is not limited to, the following products: 86
136	136	1. Health insurance. 87
137	137	2. Income replacement insurance. 88
138	138	3. Life insurance. 89
139	139	4. Retirement benefits. 90
140	140	(4) "Portable benefits account provider" means the 91
141	141	administrator of a portable benefits account and includes: 92
142	142	(a) A bank, as defined in s. 220.62(1). 93
143	143	(b) An investment management firm. 94
144	144	(c) A technology provider or program manager that offers 95
145	145	services through a ban k or investment management firm. 96
146	146	(d) Any other person that demonstrates to the satisfaction 97
147	147	of the Financial Services Commission that the manner in which 98
148	148	the person will administer the portable benefits account will be 99
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157	157	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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161	161	consistent with the portable benefi ts account requirements under 100
162	162	s. 448.33. 101
163	163	(5) "Sole proprietor" has the same meaning as in s. 102
164	164	440.02. 103
165	165	Section 4. Section 448.33, Florida Statutes, is created to 104
166	166	read: 105
167	167	448.33 Voluntary contributions to portable benefits 106
168	168	accounts for independent contr actors and sole proprietors. — 107
169	169	(1) Any person or entity, including an independent 108
170	170	contractor; a sole proprietor; a hiring party, whether a public 109
171	171	or private entity; or an Internet -based or application -based 110
172	172	company, may voluntarily contribute funds to a p ortable benefits 111
173	173	account for an independent contractor or sole proprietor. 112
174	174	(2)(a) Contributions to a portable benefits account may 113
175	175	not be used as a criterion for determining a worker's employment 114
176	176	classification. 115
177	177	(b) Contributions to a portable benefits account may be 116
178	178	made using: 117
179	179	1. The funds of the hiring party; or 118
180	180	2. A percentage of funds withheld from compensation owed 119
181	181	to the independent contractor or sole proprietor if all the 120
182	182	following conditions are met: 121
183	183	a. The withholdings are voluntary and expressly agreed to 122
184	184	in writing, and the agreement is written in clear and 123
185	185	unambiguous language and prominently displayed in the work 124
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194	194	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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198	198	contract or a separate notice. 125
199	199	b. The withholdings require the independent contractor or 126
200	200	sole proprietor to opt in, and t he independent contractor or 127
201	201	sole proprietor may choose to opt out of the withholdings at any 128
202	202	time. 129
203	203	Section 5. This act shall take effect July 1, 2025. 130