Who Needs Workers' Comp in Florida?
Florida's workers' comp requirements depend on your industry. Construction employers must carry coverage once they have one or more employees — including the business owner if they are a sole proprietor or partner. Non-construction employers must carry coverage when they reach four or more employees. Agricultural employers need coverage with six or more regular employees or twelve or more seasonal workers who work more than 30 days in a season.
Corporate officers in non-construction businesses can exempt themselves from coverage (up to three officers). Construction company officers can also elect exemption, but this doesn't eliminate the requirement to cover other employees.
Penalties for Non-Compliance
Florida takes workers' comp enforcement seriously. The Division of Workers' Compensation actively investigates businesses, particularly in the construction industry. If caught without coverage, you face a stop-work order that immediately shuts down your business operations, a penalty equal to 2x the premium you would have paid during the uninsured period, and potential felony criminal charges for knowingly failing to secure coverage. Repeat violations carry even steeper penalties.
How Florida Rates Are Determined
Florida uses NCCI class codes and a competitive rating system. Carriers file their own rates with the Florida Office of Insurance Regulation, so premiums can vary significantly between carriers for the same coverage. Your premium is based on your classification codes, payroll, experience modification rate, and any applicable schedule credits or debits.
Common Florida Class Codes
| Code | Description | Risk Level |
|---|---|---|
| 8810 | Clerical Office Employees | Low |
| 8742 | Outside Salespersons | Low |
| 9101 | Restaurant NOC | Medium |
| 9012 | Hotels NOC | Medium |
| 5645 | Carpentry — Detached Dwellings | Medium-High |
| 5403 | Carpentry NOC | Medium-High |
| 5551 | Roofing — All Kinds | High |