The Florida statutes behind every stop-work order, explained

s. 440.107, Fla. Stat.

440.107: Enforcement and stop-work orders

Section 440.107 is the statute on the order the investigator hands you. Everything the Department can do to an uninsured employer, and every number on the penalty worksheet, comes from it.

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s. 440.105, Fla. Stat.

440.105: Workers' comp fraud and crimes

Section 440.105 is why the investigator's questions about how long your crew has worked for you and how you pay them are not small talk. They are the elements of a felony.

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s. 440.10, Fla. Stat.

440.10: Duty to secure coverage and contractor liability

Section 440.10 is the reason a general contractor with a perfect policy gets a stop-work order for a framing sub's helpers. Liability for coverage runs up the chain.

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s. 440.02, Fla. Stat.

440.02: Definitions (employee, employer, construction, independent contractor)

Section 440.02 is a list of definitions, and in a stop-work order case the definitions are the whole fight. Whether a worker is an employee, whether the work is construction, and whether an officer is exempt are all decided here.

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s. 440.05, Fla. Stat.

440.05: Exemptions

Section 440.05 is the exemption statute. It is short, it is specific, and every denied exemption and every failed certificate on a jobsite traces to one of its fourteen subsections.

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s. 440.38, Fla. Stat.

440.38: How coverage must be secured

Section 440.10 says you must secure compensation. Section 440.38 says what counts. A policy from an insurer not authorized in Florida, or a home-state policy without a Florida endorsement, does not.

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Rule Chapter 69L-6, F.A.C.

Rule 69L-6: The Division's enforcement rules

Chapter 440 says what the Department may do. Rule 69L-6 says exactly how it does it: which records, which class codes, which form, how many business days. The worksheet on your desk was built from this chapter.

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