By Adrian Middleton, Sword & Shield, PLLC · Updated Monday, October 19, 2026
The rules that run a stop-work order case
| Rule | Subject | What it decides |
|---|---|---|
| 69L-6.015 | Records employers must maintain | The list the Request for Production of Business Records is drawn from, and the retention period: the current year plus the two preceding calendar years |
| 69L-6.021 | Construction industry class codes | Which NCCI codes are 'construction' for the one-employee threshold, the three-officer limit and the $50 fee |
| 69L-6.025 | Conditional release and periodic payment agreements | Proof of compliance, the $1,000 minimum down payment, and the payment schedule that releases the order |
| 69L-6.027 | The penalty calculation worksheet | Form DFS-F4-1595: the line-by-line format by employee, period, class code, payroll, rate and premium |
| 69L-6.028 | Imputed payroll | The statewide average weekly wage in effect when the order issued, times 1.5, at the highest-rated class code observed; 20 business days after the first penalty calculation to provide records for recalculation |
| 69L-6.031 | Successor entities | How the Department attributes a penalty to a new company with the same principals |
| 69L-6.032 | Subcontractor evidence | What a contractor must collect from each sub: certificate of insurance, exemption certificates, or leasing agreement |
Rule 69L-6.028: the imputation rule
When records are not produced within 21 days of the request, the rule tells the investigator to impute payroll for each identified employee, officer, partner and sole proprietor at 1.5 times the statewide average weekly wage in effect on the date the stop-work order issued, for every week of the lookback, at the highest-rated class code the records or the investigator's observation support. For orders issued in 2026 that is $2,036.93 per person per week. The rule then gives the employer 20 business days after service of the first penalty assessment calculation, or the first amended assessment where a stop-work order issued, to provide the requested records for recalculation. All requested records are required; partial production does not reopen the calculation. See imputed versus records penalty.
Rule 69L-6.027: the worksheet
The Penalty Calculation Worksheet, Form DFS-F4-1595, lists each uninsured person, each period of non-compliance, the class code, the gross payroll for the period, the approved rate, the premium, and the doubled penalty, then applies the first-time credit and reductions and the $1,000 floor. Reading it line by line is how a penalty gets reduced: vendors, fabricators, exempt officers, insured subs and non-construction labor come off as lines, not as arguments. The guide reproduces the worksheet with the formulas; the penalty audit page explains each column.
Rule 69L-6.025: conditional release
The rule implements section 440.107(7)(a): the employer proves compliance (a policy, a leasing agreement, or valid exemptions, with no remaining uninsured workers), pays at least $1,000 down, and signs a Payment Agreement Schedule for Periodic Payment of Penalty. The Department issues an Agreed Order of Conditional Release and the business reopens. Missing a scheduled payment reinstates the order. See getting released.
The deadline inside the deadline
The 20 business days in Rule 69L-6.028 run from service of the penalty calculation, not from the order. Many employers get the calculation, wait for the lawyer, and discover the recalculation window closed before the 21-day petition deadline did. Calendar both.
Need the worksheet audited line by line before the window closes?
(850) 766-6825Pre-submission auditRead the official text of Rule Chapter 69L-6, F.A.C. This page explains the statute; it does not reproduce it. Quote the statute.
Questions
Where do I read Rule 69L-6?+
The current text is on the Florida Administrative Code site, flrules.org, under Chapter 69L-6. The Division's own enforcement pages link to the rule and the forms it adopts.
How long must I keep payroll records under 69L-6.015?+
The current calendar year plus the two preceding calendar years, which is why a 24-month lookback under section 440.107(7)(d)1 can reach every record the rule requires.
Does the 20-business-day recalculation period extend the 21-day petition deadline?+
No. They are separate. The petition deadline under Chapter 120 runs 21 calendar days from receipt of each order; the recalculation window runs 20 business days from service of the first penalty calculation. File the petition to preserve rights while the recalculation is pending.