Cases

The following must be shown to establish an owner-operator status as described in Section 440.02(14)(d)4, Florida Statutes, creating an exclusion from coverage under Chapter 440, Florida Statutes: 1) a written agreement must exist; 2) the agreement must evidence a relationship by which the owner-operator assumes the responsibility of an employer for the performance of the contract; 3) under the agreement, the owner-operator must furnish the necessary motor vehicle equipment; 4) the owner-operator must furnish all costs incidental to the performance of the contract; and 5) the owner-operator is paid on commission and not on an hourly basis.  Since the motor carrier in this instance paid for insurance associated with the transportation of products by the alleged owner-operator, court ruled that these payments precluded the creation of an owner-operator status with the motor carrier.  The JCC erred in concluding that an owner-operator status was created since such insurance was of no legal significance.  In a footnote, it was noted that te 2005 Legislature changed the statutory owner-operator exclusion by providing an owner-operator is not an employee if he is required to furnish the principal (as opposed to all) costs incidental to performance of the contract.  See Chapter 2005-78, Laws of Florida; Section 440.02(15)(d)4, Florida Statutes, 2005.

Because of the appellate court's review on construction of the statute in question and the plain terms of the contract between the parties, the standard of review is de novo.  The statute in effect on a claimant's date of injury controls the substantive rights of the parties.