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10/2/95(ord\i. clapc doc�Ow r '• ORDINANCE 95- 3 2 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING CRITERIA FOR DETERMINING THE STATUS OF EMPLOYEE INDEPENDENT CONTRACTORS. WHEREAS, Chapter 489, F.S. , authorizes the County to issue citations for violations of the contracting statutes; and WHEREAS, the County has enacted ordinances implementing this statutory authority; and WHEREAS, the validity of citations issued depends on whether the person is an employee or independent contractor; and WHEREAS, the distinction between an employee and independent contractor is difficult to recognize; and WHEREAS, it is in the public interest to establish criteria so that the status of a person may be accurately determined, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, that. SECTION 1. AMENDMENT . Section 400.031 is added to Chapter 400 of the code to read as follows A person working on a job site shall be deemed to be an independent contractor unless it is shown that the person receives compensation from and is under the supervision and control of an employer who regularly deducts the F . I . C . A . and withholding tax and provides workers' compensation, all as prescribed by law. In addition, it must be shown that a Federal Form I-9 has been executed by the employee and employer prior to the person having started work for the employer. Section 400.031. Employee -Independent contractor. A person working on a job site shall be deemed to be an independent contractor unless it is shown that the person receives compensation from and is under the supervision and control of an employer who regularly deducts the F . I . C . A . and withholding tax and provides workers' compensation, all as prescribed by law. In addition, it must be shown that a Federal Form I-9 has been executed by the employee and employer prior to the person having started work for the employer.