A Florida independent contractor agreement is a written contract between a Florida business owner and non-employee workers commissioned to complete an outsourced project for the company.
What is an Independent Contractor in Florida?
Also known as freelancers, independent contractors are self-employed workers who provide temporary services to individuals or Florida businesses. Independent contractors control how the job will be completed, provided the client is satisfied with the results.
Independent contractors don’t typically receive medical benefits or retirement packages from the people they work for. Unless otherwise agreed, they usually provide their tools and supplies.
However, independent contractors are still eligible for unemployment benefits.
The Florida Department of Management Services (DMS) is particular as to what does (and doesn’t) make a person an independent contractor. Just because a worker signs a separate contractor agreement doesn’t necessarily mean they are a contractor.
Surprisingly, a person still may not be an independent contractor, even if they own a franchise or Limited Liability Company (LLC), work remotely, and/or have registered an Employee Identification Number (EIN).
Even if a worker is classified as an independent contractor under some laws, other laws may consider them an employee. The level of control vs. independence is the main factor when determining whether a worker is an employee or a contractor.
Federal and state labor laws protect workers from misclassification.
Independent contractors are classified as self-employed workers by the IRS. They must collect 1099 forms from all clients who paid over $600 for work completed that year. Independent contractors file W9 and Schedule C forms rather than the standard W4 and 1040 forms.
What to Include in a Florida Independent Contractor Agreement?
You must include several critical sections in your Florida independent contractor agreement. This will protect both you and the contractor if problems arise.
Here are the essential aspects that should be included in your agreement:
- Specify that the worker is an independent contractor who operates separately from the company and that the worker agrees to this classification
- Describe the contractor’s services in detail and the agreed pay that the contractor will receive.
- Provisions for contract termination, non-solicitation, confidentiality, and non-compete clauses
- An agreement that the contractor will provide compensation for any liabilities or damages that occur as a result of contract violation
- Attest that the contract does not violate pre-existing agreements with other individuals or business entities.
Independent contractor agreements help ensure you receive the services you’ve paid the contractor. The agreement also gives the contractor peace of mind knowing that they’ll receive payment for the job that was done.
Florida Independent Contractor Agreement Sample
You can download our free independent contractor agreement in PDF or Word format below and fill it out on your own:
