A Florida independent contractor agreement is a written contract between a Florida business owner and non-employee workers who are commissioned to complete an outsourced project for the company.
Below you can learn about what an independent contractor is in Florida, and download a sample Florida Independent Contractor Agreement.
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 have control over 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 who they work for. They usually provide their own tools and supplies for the job unless otherwise agreed. However, independent contractors are still eligible for unemployment benefits.
The Florida Department of Management Services (DMS) is very specific as to what does (and doesn’t) make a person an independent contractor. Just because a worker signs an independent contractor agreement doesn’t necessarily mean that 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 to be 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 are required to collect 1099 forms from all clients that paid them over $600 for work completed that year. Independent contractors file W9 and Schedule C forms, rather than the standard W 4 and 1040 forms.
What to Include in a Florida Independent Contractor Agreement?
You will need to include several key sections in your Florida independent contractor agreement. This will protect both you and the contractor in the event that 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 services provided by the contractor in detail as well as the agreed pay that the contractor will receive.
- Provisions for contract termination, non-solicitation, confidentiality, and non-compete clauses
- Agreement that the contractor will provide compensation for any liabilities or damages that occur as a result of contract violation
- Attest that the contract is not in violation of any pre-existing agreements with other individuals or business entities
Independent contractor agreements help ensure that you will receive the services that you’ve paid the contractor to provide. The agreement also gives the contractor peace of mind knowing that they’ll receive payment for the job that was done.
Sample Florida Independent Contractor Agreement
You can download a Florida independent contractor agreement in PDF or Word format below:
Florida Independent Contractor Agreement