HB 641

1	A bill to be entitled
2	An act relating to unemployment compensation; providing a
3	short title; amending s. 443.036, F.S.; redefining the
4	term "employee leasing company" to reflect reporting
5	requirements imposed by the act; amending s. 443.1216,
6	F.S.; requiring an employee leasing company to submit a
7	report regarding its establishments to the Labor Market
8	Statistics Center within the Agency for Workforce
9	Innovation; providing reporting requirements; requiring
10	the agency to adopt rules; providing a definition;
11	providing an effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1.  This act may be cited as the "Accurate
16	Employment Statistics Enhancement Act."
17	Section 2.  Subsection (18) of section 443.036, Florida
18	Statutes, is amended to read:
19	443.036  Definitions.--As used in this chapter, the term:
20	(18)  "Employee leasing company" means an employing unit
21	that has a valid and active license under chapter 468 and that
22	maintains the records required by s. 443.171(5) and, in
23	addition, produces quarterly reports concerning the clients of
24	the employee leasing company and the internal staff of the
25	employee leasing company maintains a listing of the clients of
26	the employee leasing company and of the employees, including
27	their social security numbers, who have been assigned to work at
28	each client company job site. Further, each client company job
29	site must be identified by industry, products or services, and
30	address. The client list must be provided to the tax collection
31	service provider by June 30 and by December 31 of each year. As
32	used in this subsection, the term "client" means a party who has
33	contracted with an employee leasing company to provide a worker,
34	or workers, to perform services for the client. Leased employees
35	include employees subsequently placed on the payroll of the
36	employee leasing company on behalf of the client. An employee
37	leasing company must notify the tax collection service provider
38	within 30 days after the initiation or termination of the
39	company's relationship with any client company under chapter
40	468.
41	Section 3.  Paragraph (a) of subsection (1) of section
42	443.1216, Florida Statutes, is amended to read:
43	443.1216  Employment.--Employment, as defined in s.
44	443.036, is subject to this chapter under the following
45	conditions:
46	(1)(a)  The employment subject to this chapter includes a
47	service performed, including a service performed in interstate
48	commerce, by:
49	1.  An officer of a corporation.
50	2.  An individual who, under the usual common-law rules
51	applicable in determining the employer-employee relationship, is
52	an employee. However, whenever a client, as defined in s.
53	443.036(18), which would otherwise be designated as an employing
54	unit has contracted with an employee leasing company to supply
55	it with workers, those workers are considered employees of the
56	employee leasing company. An employee leasing company may lease
57	corporate officers of the client to the client and other workers
58	to the client, except as prohibited by regulations of the
59	Internal Revenue Service. Employees of an employee leasing
60	company must be reported under the employee leasing company's
61	tax identification number and contribution rate for work
62	performed for the employee leasing company.
63	a.  In addition to any other report required to be filed by
64	law, an employee leasing company shall submit a report to the
65	Labor Market Statistics Center within the Agency for Workforce
66	Innovation which includes each client establishment and each
67	establishment of the employee leasing company, or as otherwise
68	directed by the agency. The report must include the following
69	information for each establishment:
70	(I)  The trade or establishment name;
71	(II)  The former unemployment compensation account number,
72	if available;
73	(III)  The former federal employer's identification number
74	(FEIN), if available;
75	(IV)  The industry code recognized and published by the
76	United States Office of Management and Budget, if available;
77	(V)  A description of the client's primary business
78	activity in order to verify or assign an industry code;
79	(VI)  The address of the physical location;
80	(VII)  The number of full-time and part-time employees who
81	worked during, or received pay that was subject to unemployment
82	compensation taxes for, the pay period including the 12th of the
83	month for each month of the quarter;
84	(VIII)  The total wages subject to unemployment
85	compensation taxes paid during the calendar quarter;
86	(IX)  An internal identification code to uniquely identify
87	each establishment of each client;
88	(X)  The month and year that the client entered into the
89	contract for services; and
90	(XI)  The month and year that the client terminated the
91	contract for services.
92	b.  The report shall be submitted electronically or in a
93	manner otherwise prescribed by the Agency for Workforce
94	Innovation in the format specified by the Bureau of Labor
95	Statistics of the United States Department of Labor for its
96	Multiple Worksite Report for Professional Employer
97	Organizations. The report must be provided quarterly to the
98	Labor Market Statistics Center within the Agency for Workforce
99	Innovation, or as otherwise directed by the agency, and must be
100	filed by the last day of the month immediately following the end
101	of the calendar quarter. The information required in sub-sub-
102	subparagraphs a.(X) and (XI) need be provided only in the
103	quarter in which the contract to which it relates was entered
104	into or terminated. The sum of the employment data and the sum
105	of the wage data in this report must match the employment and
106	wages reported in the unemployment compensation quarterly tax
107	and wage report.
108	c.  The Agency for Workforce Innovation shall adopt rules
109	as necessary to administer this subparagraph, and may
110	administer, collect, enforce, and waive the penalty imposed by
111	s. 443.141(1)(b) for the report required by this subparagraph.
112	d.  For the purposes of this subparagraph, the term
113	"establishment" means any location where business is conducted
114	or where services or industrial operations are performed.
115	e.  Pursuant to s. 443.1715(1), any information or report
116	that reveals an employing unit's identity and that is submitted
117	to the agency by an employer or the agent of the employer under
118	this paragraph is confidential.
119	3.  An individual other than an individual who is an
120	employee under subparagraph 1. or subparagraph 2., who performs
121	services for remuneration for any person:
122	a.  As an agent-driver or commission-driver engaged in
123	distributing meat products, vegetable products, fruit products,
124	bakery products, beverages other than milk, or laundry or
125	drycleaning services for his or her principal.
126	b.  As a traveling or city salesperson engaged on a full-
127	time basis in the solicitation on behalf of, and the
128	transmission to, his or her principal of orders from
129	wholesalers, retailers, contractors, or operators of hotels,
130	restaurants, or other similar establishments for merchandise for
131	resale or supplies for use in their business operations. This
132	sub-subparagraph does not apply to an agent-driver or a
133	commission-driver and does not apply to sideline sales
134	activities performed on behalf of a person other than the
135	salesperson's principal.
136	4.  The services described in subparagraph 3. are
137	employment subject to this chapter only if:
138	a.  The contract of service contemplates that substantially
139	all of the services are to be performed personally by the
140	individual;
141	b.  The individual does not have a substantial investment
142	in facilities used in connection with the services, other than
143	facilities used for transportation; and
144	c.  The services are not in the nature of a single
145	transaction that is not part of a continuing relationship with
146	the person for whom the services are performed.
147	Section 4.  This act shall take effect October 1, 2009.

CODING: Words stricken are deletions; words underlined are additions.