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HomeMy WebLinkAbout1995-3210/2/95(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. ORDINANCE 95- 32 SECTION 2. SEVERABILITY. If any section, or any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. SECTION 3. EFFECTIVE DATE. A certified copy of this ordinance, as enacted, shall be filed by the Clerk with the Office of the Secretary of State of the State of Florida within ten days after enactment, and this ordinance shall take effect upon filing with the Secretary of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 21 day of November , 1995. This ordinance was advertised in the Vero Beach Press -Journal on the 9 day of November 1995, for a public hearing to be held on the 21 day of November 1995, at which time it was moved for adoption by Commissioner Adams seconded by Commissioner Eggert and adopted by the following vote Chairman Kenneth R. Macht A y e Vice Chairman Fran B. Adams Aye Commissioner Richard N. Bird Aye Commissioner Carolyn K. Eggert Aye Commissioner John B. Tippin Aye The Chairman thereupon declared the ordinance duly passed and adopted this 21 day of November 1995, ORDINANCE 95- 32 BOARD OF COUNTY COMMISSION Attest. y=,;'' INDIAN R ER C LINTY, FLORIDA 1 Q BYE Jiff IBsrYo Jerk Kenneth R. acht, Chairman Effective' `date:'' This ordinance became effective upn filingwiththe Department .,, of State which took place on day of , 1995 C!'