(1) An individual who engages in or manages a business, profession, or occupation as an employee of another person is not required to apply for an exemption from a local business tax, pay a local business tax, or obtain a local business tax receipt. An individual acting in the capacity of an independent contractor is not an employee.
(2) An employee may not be held liable by any local governing authority for the failure of a principal or employer to apply for an exemption from a local business tax, pay a local business tax, or obtain a local business tax receipt. An individual exempt under this section may not be required by any local governing authority to apply for an exemption from a local business tax, otherwise prove his or her exempt status, or pay any tax or fee related to a local business tax.
(3) A principal or employer who is required to obtain a local business tax receipt may not be required by a local governing authority to provide personal or contact information for individuals exempt under this section in order to obtain a local business tax receipt.
(4) The exemption provided in this section does not apply to a business tax imposed on individual employees by a municipality or county pursuant to a resolution or ordinance adopted before October 13, 2010. Municipalities or counties that, before October 13, 2010, had a classification system that was in compliance with the requirements of this chapter and that actually resulted in individual employees paying a business tax may continue to impose such a tax in that manner.
History.—s. 2, ch. 2011-78; s. 2, ch. 2012-102.
Structure Florida Statutes
Title XIV - Taxation and Finance
Chapter 205 - Local Business Taxes
205.023 - Requirement to Report Status of Fictitious Name Registration.
205.0315 - Ordinance Adoption After October 1, 1995.
205.033 - Conditions for Levy; Counties.
205.042 - Levy; Municipalities.
205.043 - Conditions for Levy; Municipalities.
205.044 - Municipal Business Tax Measured by Gross Receipts May Continue.
205.045 - Transfer of Administrative Duties.
205.053 - Business Tax Receipts; Dates Due and Delinquent; Penalties.
205.0532 - Revocation or Refusal to Renew; Doing Business With Cuba.
205.0535 - Reclassification and Rate Structure Revisions.
205.0536 - Distribution of County Revenues.
205.0537 - Vending and Amusement Machines.
205.054 - Business Tax; Partial Exemption for Engaging in Business or Occupation in Enterprise Zone.
205.063 - Exemptions; Motor Vehicles.
205.066 - Exemptions; Employees.
205.067 - Exemptions; Broker Associates and Sales Associates.
205.162 - Exemption Allowed Certain Disabled Persons, the Aged, and Widows With Minor Dependents.
205.191 - Religious Tenets; Exemption.
205.192 - Charitable, etc., Organizations; Occasional Sales, Fundraising; Exemption.
205.193 - Mobile Home Setup Operations; Local Business Tax Receipt Prohibited; Exception.
205.196 - Pharmacies and Pharmacists.
205.1965 - Assisted Living Facilities.
205.1967 - Prerequisite for Issuance of Pest Control Business Tax Receipt.
205.1969 - Health Studios; Consumer Protection.
205.1971 - Sellers of Travel; Consumer Protection.