Florida uses a “right of control” test to determine whether a worker is an employee or independent contractor in most areas of the law. Florida courts have adopted a number of criteria to aid in making this determination. The criteria include:
- The extent of the right of control by the employer over the details of the work;
- Whether the person employed is engaged in a distinct occupation or business;
- The kind of occupation involved, and whether the work is done under the direction of the employer or by a specialist without supervision;
- The skill required in the particular occupation;
- Whether the employer supplies the instrumentalities, tools, and the place of work;
- The length of time the person is employed, and
- Whether the work is a part of the regular business of the employer.