Florida hr independent contractor agreement template
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How Florida hr independent contractor agreement Differ from Other States
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Florida law uses specific criteria, like the 'right of control' test, to distinguish contractors from employees, impacting agreement terms.
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Unlike some states, Florida does not require written contracts for independent contractors, but written agreements are strongly recommended.
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Florida mandates that HR contractors independently secure workers’ compensation if they have employees, differing from standard national requirements.
Frequently Asked Questions (FAQ)
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Q: Is a written independent contractor agreement legally required in Florida?
A: No, but having a detailed written agreement is strongly recommended to protect both parties and clarify the working relationship.
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Q: What factors determine independent contractor status in Florida?
A: Key factors include the degree of control over work, project scope, payment terms, and whether the contractor provides their own tools.
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Q: Does Florida require HR independent contractors to have their own insurance?
A: If the contractor has employees, Florida law requires them to secure appropriate workers’ compensation insurance for their staff.
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Florida HR Independent Contractor Agreement
This Florida HR Independent Contractor Agreement (the "Agreement") is made and entered into as of [Date] by and between:
- [Client Legal Name], a [Client Entity Type, e.g., Florida Corporation], with its principal place of business at [Client Address] (hereinafter referred to as "Client"), and
- [Contractor Legal Name], a [Contractor Entity Type, e.g., Individual, LLC], with its principal place of business at [Contractor Address] and business registration number (if applicable) [Contractor Business Registration Number] (hereinafter referred to as "Contractor").
1. Scope of Services
Contractor shall provide the following HR services to Client:
- Option A: Recruitment and Hiring Support:
- Sourcing candidates
- Screening resumes
- Conducting initial interviews
- Option B: Employee Handbook Preparation:
- Drafting employee handbook based on Florida and federal laws
- Revising existing employee handbook
- Option C: Onboarding/Offboarding Processes:
- Creating onboarding checklists
- Managing exit interviews
- Option D: Staff Policy Development
- Option E: HR Compliance Audits
- Option F: Training Design and Delivery
- Option G: Benefits and Compensation Consulting
- Option H: Employee Relations Advisory
- Option I: Regulatory Compliance
Deliverables and Performance Milestones:
- [Deliverable 1 and Deadline]
- [Deliverable 2 and Deadline]
Service Period: [Start Date] to [End Date]
Reporting Schedule: [Reporting Frequency, e.g., Weekly, Monthly]
2. Work Location
- Option A: Onsite at Client’s Florida premises: [Client Address]
- Option B: Remotely
- Option C: Hybrid (specify percentage onsite/remote): [Onsite Percentage]% onsite, [Remote Percentage]% remote
Access to Client Facilities, Systems, and Records: Contractor will be granted access to [Specific Client Systems, Records].
Data Handling Compliance: Contractor shall comply with Florida privacy and data protection laws, including the Florida Information Protection Act (FIPA) as applicable.
3. Compensation
- Option A: Fixed Project Fee: [Fixed Fee Amount] for the entire project.
- Option B: Hourly Rate: [Hourly Rate Amount] per hour.
- Option C: Retainer: [Retainer Amount] per month.
Payment Schedule: [Payment Schedule Details, e.g., Bi-weekly, Upon Completion of Milestones]
Invoicing Process: Contractor shall submit invoices to [Client Contact Person] at [Client Email Address].
Tax Handling: Contractor is not an employee of Client for Florida state and federal tax purposes and is responsible for all necessary business registrations, occupational licenses, and tax filings.
4. Expenses
Reimbursable Expenses:
- Travel expenses: [Travel Expense Policy, e.g., pre-approved travel only, mileage reimbursement rate]
- Background check fees: [Background Check Fee Policy]
- Training materials: [Training Material Policy]
Approval Procedures: All expenses must be pre-approved by [Client Contact Person].
Supporting Documentation: Contractor must provide receipts and documentation for all expenses.
Payment Timeframe: Reimbursable expenses will be paid within [Number] days of invoice submission.
5. Work Product Ownership
All client-provided documents, databases, and resulting HR policies or reports remain the property of Client.
Data Handling: Contractor shall handle, store, and destroy employee information in accordance with Florida law.
Data Return/Deletion: Upon termination of this Agreement, Contractor shall return or delete all Client data.
6. Confidentiality and Non-Disclosure
Contractor shall maintain strict confidentiality regarding all Client information, including personal employee data, sensitive business operations, and payroll and benefits information, in compliance with HIPAA or FIPA when handling health or protected data.
7. Non-Solicitation and Non-Interference
Contractor shall not directly recruit Client's employees or solicit Client's clients or vendors for a period of [Number] years following the termination of this Agreement.
8. Non-Compete
Contractor shall not provide HR services to [Specific Competitor Names or Types of Companies] within [Geographic Area, e.g., Florida, specific counties] for a period of [Number] years following the termination of this Agreement, limited to [Specific HR Services Covered by Non-Compete]. This clause is narrowly tailored to protect Client's legitimate business interests.
9. Independent Contractor Status
Contractor is an independent contractor and not an employee, partner, joint venturer, or agent of Client. Contractor has no authority to bind Client. Contractor is responsible for all self-employment taxes, insurance, and legal regulatory compliance.
10. Compliance with Laws
Contractor shall comply with all relevant Florida and federal laws and regulations affecting HR services, including Title VII, FLSA, ADA, FMLA, and the Florida Civil Rights Act. Contractor shall notify Client of any regulatory investigations or claims involving the services provided.
11. Liability and Indemnification
Contractor shall be liable for breach of contract, delayed or substandard services, violation of confidentiality, mishandling of sensitive employee data, or noncompliance with Florida or federal laws. Contractor shall indemnify Client against any losses, damages, liabilities, costs, and expenses (including reasonable attorney’s fees) arising from any breach by Contractor.
Insurance Requirements: Contractor to maintain professional liability insurance of no less than [Insurance Amount].
12. Subcontractors
Contractor shall not utilize subcontractors or assistants without the prior written consent of Client. All subcontractors must comply with the same confidentiality, compliance, and quality standards as Contractor.
13. Term and Termination
Term: This Agreement shall commence on [Start Date] and continue until [End Date].
Renewal:
- Option A: Automatic Renewal: This Agreement shall automatically renew for successive terms of [Renewal Term Length] unless either party provides written notice of termination at least [Notice Period] days prior to the end of the then-current term.
- Option B: Manual Renewal: This Agreement shall not automatically renew. Any renewal must be agreed upon in writing by both parties.
Termination:
- For Convenience: Either party may terminate this Agreement for convenience upon [Notice Period] days written notice.
- For Cause: Client may terminate this Agreement for cause if Contractor breaches this Agreement and fails to cure such breach within [Cure Period] days of written notice.
- Upon Completion of Deliverables: This agreement will terminate upon completion of all deliverables defined in Section 1.
Post-Termination Obligations: Upon termination, Contractor shall hand off or destroy all proprietary information and cooperate with Client as reasonably requested.
14. Dispute Resolution
Any disputes arising out of or relating to this Agreement shall be resolved as follows:
- First, the parties shall attempt to resolve the dispute through good faith negotiation.
- If negotiation fails, the parties may pursue mediation or arbitration in Florida, consistent with state arbitration statutes.
Choice of Law and Venue: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any legal action shall be in the courts of [County Name] County, Florida.
15. Ongoing Compliance
Contractor shall maintain ongoing compliance with all Florida-specific HR industry and business licensing rules.
16. Force Majeure
Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to any cause beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, fire, flood, hurricane, or other natural disaster.
17. Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior representations and understandings.
18. Severability
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
19. Amendment
This Agreement may be amended only by a written instrument signed by both parties.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
[Client Legal Name]
By: [Client Authorized Person Name]
Title: [Client Authorized Person Title]
Date: [Date]
[Contractor Legal Name]
By: [Contractor Authorized Person Name]
Title: [Contractor Authorized Person Title] (if applicable)
Date: [Date]
