Class code 5213: concrete construction NOC

By Adrian Middleton, Sword & Shield, PLLC · Updated Saturday, October 24, 2026

What code 5213 covers

• Forming, placing and finishing structural concrete: footings, foundations, walls, columns, beams and elevated slabs.
• Setting rebar and wire mesh by the concrete crew.
• Stripping forms and curing.
• Crew laborers, finishers and helpers.

What it does not cover

• Flatwork: floors, driveways, sidewalks and curbs (5221), where records separate it.
• Masonry block and brick (5022).
• Excavation and site preparation (6217).
• Precast concrete manufacturing in a plant.

How the Division assigns it on a stop-work order

On a stop-work order worksheet, the investigator assigns a class code to each uninsured worker for each period from two sources: the employer's records (payroll by job, job descriptions, invoices, permits) and the investigator's own observation on the jobsite. With no records, Rule 69L-6.028 directs the Department to impute payroll at the highest-rated class code the investigator observed. Forms, rebar and a pump truck at a foundation are recorded as 5213. Finishers on a driveway the same afternoon are 5221 if the payroll is split by operation in contemporaneous records. Under the NCCI basic manual the governing class is the one with the most payroll, and an employee's payroll is assigned to a single code unless the records separate it by operation; interchange-of-labor splits require contemporaneous payroll records, not after-the-fact estimates. Getting a worker moved from code 5213 to a lower-rated code is a records argument, made line by line on Form DFS-F4-1595.

Misclassification patterns the investigator looks for

• Finishers paid per yard and called subcontractors: employees under s. 440.02(18)(c).
• A concrete company's flatwork coded 5221 for the whole year while the records show foundation jobs: the Department reassigns to 5213 for the periods it can document, and to 5213 for everything if it cannot separate them.
• Crews shared with an affiliated company under a different name to split headcount and exemptions: affiliation under s. 440.02(18)(b)2, and the three-officer limit counts across both.

Clerical (8810) and outside sales (8742) are standard exception codes. A worker's payroll goes there only if their duties are exclusively clerical or sales and the records show it. An office manager who also runs materials to the jobsite, or an owner who sells jobs and swings a hammer, is assigned to the governing construction class for all of their payroll. This is the single most common reclassification on a penalty worksheet.

The rate

Florida's approved manual rate for this code is filed by NCCI and approved by the Office of Insurance Regulation effective each January 1. The Department's worksheet uses the rate in effect for each period of non-compliance, so a 24-month lookback can span three rate years. Rates are not stated on this page because they change; your agent, carrier or the current NCCI Florida rate pages have the figure. The free calculator takes the rate as an input.

Questions