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Bou 96 Pv1JF655 <br />The Board reviewed a Memorandum of November 13, 1995: <br />TO: Board of County Commissioners <br />FROM: Terrence P. O'Brien - Assistant County Attornerf o <br />DATE: November 13, 1995 <br />SUBJECT: PUBLIC HEARING - NOVEMBER 21, 1995 <br />PROPOSED ORDINANCE DETERMINING EMPLOYEE AND <br />INDEPENDENT CONTRACTOR STATUS <br />On October 17, 1995 the Board of County Commissioners authorized <br />advertisement of the attached ordinance. The ordinance provides for <br />the establishment of criteria for determining the status of employees and <br />Independent contractors. <br />Recommendation <br />Staff recommends approval of the ordinance. <br />The Chairman opened the public hearing and asked if anyone <br />wished to be heard in this matter. There being none, he closed the <br />public hearing. <br />ON MOTION by Commissioner Adams, SECONDED by <br />Commissioner Eggert, the Board unanimously adopted <br />Ordinance No. 95-32 establishing criteria for <br />determining the status of employee - independent <br />contractors. <br />ORDINANCE 95- 32 <br />AN ORDINANCE OF INDIAN RIVER COUNTY, <br />FLORIDA, ESTABLISHING CRITERIA FOR- <br />DETERMINING <br />08DETERBrIINING THE STATUS OF EMPLOYEE - <br />INDEPENDENT CONTRACTORS. <br />WHEREAS, Chapter 489, F.S., authorizes • the County to issue <br />citations for violations of the contracting statutes; and <br />WHEREAS, the County has enacted ordinances implementing this <br />statutory authority; and <br />WHEREAS, the validity of citations issued depends on whether the <br />person is an employee or independent contractor; and <br />WHEREAS, the distinction between an employee and independent <br />contractor is difficult to recognize; and <br />WHEREAS, it is in the public interest to establish criteria so that <br />the status of a person may be accurately determined, <br />NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, that: <br />SECTION 1. AMENDMENT. <br />Section 400.031 is added to Chapter 400 of -the code to read as <br />follows: <br />Section 400.031. Emnlovee-Inder)endent contractor. <br />A person working on a job site shall be deemed to be an <br />independent contractor unless it is shown that the person <br />receives compensation from and is under the supervision and <br />control of an employer who regularly deducts the F.I.C.A. <br />and withholding tax and provides workers' compensation, all <br />as prescribed by law. In addition, it must be shown that a <br />NOVEMBER 21, 1995 52 <br />