Florida Statute 451.02 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXI
LABOR

Chapter 451
MARKETPLACE CONTRACTORS

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F.S. 451.02

451.02 Marketplace contractors.—

(1) A marketplace contractor must be treated as an independent contractor, and not as an employee, of the marketplace platform for all purposes under state and local laws, regulations, and ordinances, including, but not limited to, chapters 440 and 443, if all of the following conditions are met:

(a) The marketplace platform does not unilaterally prescribe specific hours during which the marketplace contractor must be available to accept service requests submitted through the platform from third-party individuals or entities.

(b) The marketplace platform does not prohibit the marketplace contractor from using the technology application offered by other marketplace platforms.

(d) The marketplace platform and marketplace contractor agree in writing that the marketplace contractor is an independent contractor with respect to the marketplace platform.

(e) The marketplace contractor bears all or substantially all of the marketplace contractor’s expenses incurred by the marketplace contractor in performing the services.

(f) The marketplace contractor is responsible for paying taxes on the marketplace contractor’s income.

(2) Subsection (1) applies to services performed by a marketplace contractor before July 1, 2018, if the conditions set forth in subsection (1) were satisfied when the services were performed.

(3) Compliance with subsection (1) is not mandatory to establish the existence of an independent contractor relationship. The exclusion of any person or service from this section does not create any presumption and is not admissible to deny the existence of an independent contractor relationship.

(4) Third-party individuals or entities seeking services through the marketplace platform and marketplace contractors must comply with chapter 440 in the same manner as if they had not connected through the marketplace platform.

(5) This section does not apply to:

(a) Services performed in the employ of the state, a political subdivision of the state, an Indian tribe, an instrumentality of a state, or any political subdivision of a state or an Indian tribe which is wholly owned by one or more states, political subdivisions, or Indian tribes, respectively, provided that such service is excluded from employment as defined in s. 3306 of the Federal Unemployment Tax Act.

(b) Services performed in the employ of a religious, charitable, educational, or other organization which is excluded from employment as defined in ss. 3301-3311 of the Federal Unemployment Tax Act, solely by reason of s. 3306(c)(8) of the act.

History.—s. 50, ch. 2018-118.

F.S. 451.02 on Google Scholar

F.S. 451.02 on Casetext

Amendments to 451.02

Arrestable Offenses / Crimes under Fla. Stat. 451.02

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 451.02.

Annotations, Discussions, Cases:

Cases Citing Statute 451.02

Total Results: 18

In RE: STANDARD JURY INSTRUCTIONS IN CIVIL CASES and Standard Jury Instructions in Contract and Business Cases-Joint Report No. 18-01.

Court: Supreme Court of Florida | Date Filed: 2018-12-20

Citation: 260 So. 3d 965

Snippet: contract and business cases: 451.1 (Introduction); 451.2 (Summary of Claims or Contentions); 451.3 (Greater

In Re AMENDMENTS TO RULES OF the SUPREME COURT RELATING TO ADMISSIONS TO the BAR

Court: Supreme Court of Florida | Date Filed: 2016-05-19

Citation: 191 So. 3d 885, 41 Fla. L. Weekly Supp. 231, 2016 Fla. LEXIS 1047, 2016 WL 2908142

Snippet: or Use of Unauthorized Materials or Equipment); 451.2 (Receipt of Unauthorized Aid); 4-51.3 (Observance

State v. Moreno-Gonzalez

Court: District Court of Appeal of Florida | Date Filed: 2009-09-30

Citation: 18 So. 3d 1180, 2009 Fla. App. LEXIS 14603, 2009 WL 3100937

Snippet: L.Ed. 580 (1927); Ex parte Burford, 7 U.S. 448, 451, 2 L.Ed. 495 (1806); see also Christofferson v. Washington

Moore v. Smith-Snagg

Court: District Court of Appeal of Florida | Date Filed: 2001-08-24

Citation: 793 So. 2d 1000, 2001 WL 698013

Snippet: such forged deed.'" Id. at 91 (quoting 16 Am Jur. 451-2). This court summarily affirmed the 1999 summary

Zurstrassen v. Stonier

Court: District Court of Appeal of Florida | Date Filed: 2001-05-16

Citation: 786 So. 2d 65, 2001 WL 527637

Snippet: such forged deed.'" Id. at 91 (quoting 16 Am Jur. 451-2). Appellees rely on Sunrise Savings and Loan Ass'n

Mylock v. State

Court: District Court of Appeal of Florida | Date Filed: 2000-01-27

Citation: 750 So. 2d 144, 2000 WL 64276

Snippet: L.Ed. 580 (1927); Ex parte Burford, 7 U.S. 448, 451, 2 L.Ed. 495 (Dist.Col.1806); see also Christofferson

University of Florida v. Bowens

Court: District Court of Appeal of Florida | Date Filed: 1996-07-25

Citation: 677 So. 2d 942, 1996 WL 412788

Snippet: of intention to withdraw had been given." Sec. 1.451-2(a), Income Tax Regs. Just as the Acquisto court

Smith v. Willis

Court: District Court of Appeal of Florida | Date Filed: 1982-06-18

Citation: 415 So. 2d 1331

Snippet: States, 355 U.S. 534, 539-40, 78 S.Ct. 446, 450-451, 2 L.Ed.2d 470 (1958): If * * * an administrative

In Re Fla. Rules of Judicial Administration

Court: Supreme Court of Florida | Date Filed: 1979-06-14

Citation: 372 So. 2d 449, 1979 Fla. LEXIS 4707

Snippet: ......... 451 2.020 Definitions .................................................. 451 2.030 The Supreme

State v. Roman

Court: District Court of Appeal of Florida | Date Filed: 1975-02-14

Citation: 309 So. 2d 12

Snippet: of State v. Collier, Fla.App. 1970, 270 So.2d 451."[2] is directly applicable. For essentially the same

City of Miami Beach v. State ex rel. Gerstein

Court: District Court of Appeal of Florida | Date Filed: 1970-12-22

Citation: 242 So. 2d 170, 1970 Fla. App. LEXIS 5334

Snippet: See generally 2 Anderson, Declaratory Judgments § 451 (2 ed. 1951). We find no error in that part of the

State v. Cauley

Court: District Court of Appeal of Florida | Date Filed: 1968-08-22

Citation: 213 So. 2d 521, 1968 Fla. App. LEXIS 5167

Snippet: under F.S.A. Section 562.451(2), F.S.A.1967. We reverse. Section 562.451(2) provides: “(2) Any person

State v. Altman

Court: Supreme Court of Florida | Date Filed: 1958-10-31

Citation: 106 So. 2d 401

Snippet: 853, 13 So.2d 458, 461. [10] Sub-section 562.451(2), supra. [11] See paragraphs 6 to 8 of opinion

Miller v. Greene

Court: Supreme Court of Florida | Date Filed: 1958-07-16

Citation: 104 So. 2d 457, 75 A.L.R. 2d 627

Snippet: 633. 37 C.J.S. Fraud §§ 4, 5; 25 R.C.L. § 25, p. 451; 2 Williston on Contracts (Rev. ed.) §§ 485, 533;

State v. Florida State Imp. Commission

Court: Supreme Court of Florida | Date Filed: 1954-03-19

Citation: 71 So. 2d 146, 1954 Fla. LEXIS 1319

Snippet: State Improvement Commission, supra, 34 So.2d 443, 451-2. The proposed arrangements have been entered by

Marvin v. Housing Authority of Jacksonville

Court: Supreme Court of Florida | Date Filed: 1938-07-27

Citation: 183 So. 145, 133 Fla. 590, 1938 Fla. LEXIS 1019

Snippet: Spafford v. Brevard County, 92 Fla. 617, 118 So. 451. 2. The second question for consideration is: Are

City of Daytona Beach v. King

Court: Supreme Court of Florida | Date Filed: 1938-03-11

Citation: 181 So. 1, 132 Fla. 273, 116 A.L.R. 880, 1938 Fla. LEXIS 1745

Snippet: v. Central Fla. Lbr. Co., 104 Fla. 446, text p. 451-2, 140 So.2d 320, 141 So.2d 604, this Court adopted

Simmons v. Hanne

Court: Supreme Court of Florida | Date Filed: 1906-06-15

Citation: 52 Fla. 450

Snippet: 424; Dunaway v. Ferst, 51 Fla. 180, 41 South. Rep. 451; 2 Cyc. 1093. No error appearing in the record the