Florida Workers Comp Stop-Work Order: What To Do Right Now
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Quick Answer
What Do I Do When I Get a Florida Stop-Work Order?
The Division issues a Stop-Work Order within 72 hours of determining the employer failed to secure coverage or produce required records.
Penalty for each day an employer conducts business operations in violation of an order.
How long information about an order stays on the Division's website.
How To Get a Florida Stop-Work Order Released
1. Stop operations at once
The order takes effect when it is served on the business or posted at a worksite. After service on the employer, it applies to every worksite in Florida where the employer is not in compliance. Operating in violation of the order adds a penalty of $1,000 for each day.
2. Bind compliant workers compensation coverage
Coverage must meet Chapter 440 and the Florida Insurance Code. Give your agent accurate payroll and job duties by class code. Understating payroll or misrepresenting duties can be treated as a failure to secure coverage all over again.
3. Answer the Division's request for business records within 21 days
The Division uses your payroll records to calculate the penalty. If records are not provided, the Division imputes payroll at 1.5 times the statewide average weekly wage for each employee, corporate officer, sole proprietor, or partner.
4. Send proof of coverage and proof of payment to the Division
A first-time employer may receive a credit toward the penalty for the initial payment on the estimated annual premium. The credit requires documentation of coverage and proof of payment to the carrier within 21 days of the Division's written records request.
5. Pay the penalty in full or request a conditional release
The Division may issue a conditional release when the employer has coverage, pays $1,000 down, and agrees to a payment schedule for the rest. An employer cannot enter a payment agreement while an earlier penalty remains unpaid. Missing the agreement or its terms reinstates the order and makes the entire unpaid balance due.
6. Wait for the Division's written release before resuming work
Only the Division can lift the order. Coverage alone does not end it, so do not restart operations until you hold the release or conditional release.
Coverage is step two, not the finish line
An agency can bind compliant coverage and provide proof of it. The penalty, the payment agreement, and the written release all come from the Division.
What Triggers a Florida Stop-Work Order?
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No coverage in force
Operating with no policy, a lapsed policy, or a gap between carriers. The Division treats a failure to secure coverage as an immediate danger to public health, safety, and welfare.
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Business records not produced
Failing to produce the required business records within 21 days after the Division's written request is enough to justify a Stop-Work Order.
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Understated payroll or concealed duties
Materially understating payroll, or misrepresenting or concealing employee duties to avoid proper classification, is deemed a failure to secure coverage.
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Uninsured subcontractors
If you operate as a contractor, maintaining workers’ compensation compliance is only one part of your risk-management program. Explore Contractor Insurance Tampa for coverage considerations specific to construction businesses and contractors.
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Inspections and subpoenas
Division investigators may enter and inspect a place of business at any reasonable time, examine and copy business records, and issue subpoenas.
Penalty Rules
How Florida Calculates the Stop-Work Order Penalty
Stop-Work Order penalty rules at a glance
| Rule | What the statute provides | Reference |
|---|---|---|
| Base penalty | 2 times the premium the employer would have paid at approved manual rates for the uncovered periods in the preceding 12 months, or $1,000, whichever is greater. | § 440.107(7)(d)1 |
| Longer look-back | The preceding 24 months applies to an employer that understated or concealed payroll, or that was previously issued a Stop-Work Order or penalty assessment. | § 440.107(7)(d)1 |
| First-time credit | Credit for the initial payment on the estimated annual premium, with documentation and proof of payment provided within 21 days of the written records request. | § 440.107(7)(d)1.a |
| Records reduction | 25% reduction for a first-time employer that complies with the records rules and provides records within 21 days. | § 440.107(7)(d)1.b |
| Tutorial reduction | 15% reduction for a first-time employer that correctly answers at least 80% of an online compliance tutorial within 21 days. The tutorial is taken at a Division office location identified by rule. | § 440.107(7)(d)1.c |
| Minimum penalty | The $1,000 penalty applies even when credits and reductions would bring the total below $1,000. | § 440.107(7)(d)1 |
| Missing records | Payroll is imputed at 1.5 times the statewide average weekly wage for each employee, corporate officer, sole proprietor, or partner. | § 440.107(7)(e) |
| Misclassified workers | The Division may assess $5,000 for each worker the employer represented as an independent contractor who is determined not to be one. | § 440.107(7)(f) |
| Working during the order | $1,000 for each day the employer conducts business operations in violation of a Stop-Work Order. | § 440.107(7)(c) |
Illustration only, not a quote
A first-time employer with $200,000 of uncovered payroll in the preceding 12 months, at an assumed manual rate of $5.00 per $100 of payroll, would have a base premium of $10,000. The base penalty would be $20,000 before any credit or reduction. The Division sets the actual penalty using approved manual rates, class codes, and the employer's records.
Beyond the Penalty
Other Consequences of a Stop-Work Order
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Public record for at least 5 years
Information about the order is made available on the Division's website and remains there for at least five years.
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Successor businesses
An order applies to any successor entity that has one or more of the same principals or officers and is engaged in the same or an equivalent trade or activity.
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Repeat violations
A subsequent violation within five years is deemed a knowing act under section 440.105, the Florida statute that sets criminal penalties for prohibited workers compensation conduct.
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Contractor license notice
If the employer is certified or registered under Chapter 489, the Division must immediately notify the Department of Business and Professional Regulation.
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Lawsuit exposure
An employer that fails to secure coverage loses the usual exclusive remedy protection. An injured employee may sue at law, and the employer cannot argue fellow-employee negligence, assumption of risk, or comparative negligence.
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Liens and collection
An unpaid penalty constitutes a lien on the employer's property until collected, subject to the exceptions in the statute. The Division may also sue to recover penalties, costs, and attorney's fees.
What an Agency Can Do and What Only the Division Can Do
What Elite Business Insurance does
- Reviews your operations and payroll by class code
- Shops carriers and binds compliant coverage, typically the same day for standard classifications
- Issues proof of coverage upon binding for the Division and your customers
- Provides the coverage and payment documentation the Division asks for
- Explains pay-as-you-go options where a carrier offers them, which can reduce the up-front deposit
- Calculates the penalty and applies credits and reductions
- Decides on conditional release and payment agreements
- Issues the written release of the order
- Sets records deadlines and reviews the records you submit
- Enforces the order, including the $1,000 daily penalty
How To Keep a Stop-Work Order From Happening Again
- Keep coverage continuous. Renew before expiration and confirm the effective date of any replacement policy so there is no gap between carriers.
- Report accurate payroll by class code, and describe employee duties honestly. Misstatements can be treated as a failure to secure coverage.
- Maintain the business records the Division requires by rule, and answer any written Division request within 21 days.
- Collect a current certificate of insurance or a valid exemption from every subcontractor before work starts.
- Review coverage whenever you hire, add a trade, or change ownership, so the policy always matches your operations.
Why Tampa Employers Call Us When Compliance Cannot Wait
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Emergency Focus
When a Stop-Work Order lands, hours matter. We prioritize these requests and typically deliver a quote the same day for standard classifications. Complex risks may take up to 24 hours.
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Correct Class Codes From Day One
Accurate classification and payroll protect you from a second violation. We match each employee to the right NCCI class code before we submit your risk.
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1,000+ Carriers Shopped
Pricing for the same class code varies by carrier. We submit your risk to the markets that fit your trade and compare terms in plain English.
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Proof of Coverage Upon Binding
We issue your certificate of insurance upon binding so you have documentation for the Division and your customers. See our certificate of insurance page
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BBB A+ Rated
More than a decade of protecting Tampa businesses with an A+ BBB rating and more than 245 five-star Google reviews. We fight for our clients, not the insurance companies.
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Straight Answers
We tell you what an agency can do and what only the Division can do, so you know the next step at every stage.
Getting Compliant Coverage in Tampa Takes Three Steps
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Tell Us About Your Business
Call (813) 922-3055 or fill out the quote form. We need your trade, number of employees, estimated payroll by job type, and any prior claims. If you received a Stop-Work Order, have it in front of you.
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We Shop the Market for You
A licensed Elite agent assigns the correct class codes, submits your risk to carriers that fit your trade, and compares rates, terms, and pay-as-you-go options.
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Bind Coverage and Get Proof
You approve the policy, we bind it, and your certificate of insurance is issued upon binding, ready for the Division and for your customers.
Florida Stop-Work Order: Frequently Asked Questions
What is a Florida workers comp Stop-Work Order?
How long does a Stop-Work Order last?
Can I keep working while I fix the problem?
How much is the Stop-Work Order penalty?
Will buying workers comp lift the Stop-Work Order?
Can Elite Business Insurance get me coverage the same day?
What other consequences can follow a Stop-Work Order?
Does a Stop-Work Order follow my business if I form a new company?
Can a Stop-Work Order affect me if my subcontractor is uninsured?
How do I avoid another Stop-Work Order?
Sources and Review Notes
- Fla. Stat. section 440.107 Department powers, Stop-Work Orders, penalties, release, and successor rules.
- Fla. Stat. section 440.11 Loss of exclusive remedy when an employer fails to secure coverage.
- Fla. Stat. section 440.105 Prohibited activities and criminal penalties.
- Fla. Admin. Code Rule 69L-6.029 Employer worksites and contractor and subcontractor orders.
- Florida Division of Workers’ Compensation Employer frequently asked questions, including subcontractor responsibility.
General information about Florida law as of September 24, 2026, based on the 2025 Florida Statutes and Division guidance. It is not legal advice, and the Division’s order and the current statute control. Read every Division notice closely, and consult a Florida attorney about a contested order or penalty.