CS/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, is responsible for producing quarterly reports
24	concerning the clients of the employee leasing company and the
25	internal staff of the employee leasing company maintains a
26	listing of the clients of the employee leasing company and of
27	the employees, including their social security numbers, who have
28	been assigned to work at each client company job site. Further,
29	each client company job site must be identified by industry,
30	products or services, and address. The client list must be
31	provided to the tax collection service provider by June 30 and
32	by December 31 of each year. As used in this subsection, the
33	term "client" means a party who has contracted with an employee
34	leasing company to provide a worker, or workers, to perform
35	services for the client. Leased employees include employees
36	subsequently placed on the payroll of the employee leasing
37	company on behalf of the client. An employee leasing company
38	must notify the tax collection service provider within 30 days
39	after the initiation or termination of the company's
40	relationship with any client company under chapter 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.
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. No report shall be required for any calendar
108	quarter preceding the third calendar quarter of 2010.
109	c.  The Agency for Workforce Innovation shall adopt rules
110	as necessary to administer this subparagraph and may administer,
111	collect, enforce, and waive the penalty imposed by s.
112	443.141(1)(b) for the report required by this subparagraph.
113	d.  For the purposes of this subparagraph, the term
114	"establishment" means any location where business is conducted
115	or where services or industrial operations are performed.
116	3.  An individual other than an individual who is an
117	employee under subparagraph 1. or subparagraph 2., who performs
118	services for remuneration for any person:
119	a.  As an agent-driver or commission-driver engaged in
120	distributing meat products, vegetable products, fruit products,
121	bakery products, beverages other than milk, or laundry or
122	drycleaning services for his or her principal.
123	b.  As a traveling or city salesperson engaged on a full-
124	time basis in the solicitation on behalf of, and the
125	transmission to, his or her principal of orders from
126	wholesalers, retailers, contractors, or operators of hotels,
127	restaurants, or other similar establishments for merchandise for
128	resale or supplies for use in their business operations. This
129	sub-subparagraph does not apply to an agent-driver or a
130	commission-driver and does not apply to sideline sales
131	activities performed on behalf of a person other than the
132	salesperson's principal.
133	4.  The services described in subparagraph 3. are
134	employment subject to this chapter only if:
135	a.  The contract of service contemplates that substantially
136	all of the services are to be performed personally by the
137	individual;
138	b.  The individual does not have a substantial investment
139	in facilities used in connection with the services, other than
140	facilities used for transportation; and
141	c.  The services are not in the nature of a single
142	transaction that is not part of a continuing relationship with
143	the person for whom the services are performed.
144	Section 4.  This act shall take effect October 1, 2009.

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