By Adrian Middleton, Sword & Shield, PLLC · Updated Friday, October 9, 2026
Do
- 1
Stop all work, everywhere, now.
The order applies to every Florida worksite once served on the employer. Each day of operation in violation is a $1,000 penalty under section 440.107(7)(c), and knowingly violating the order is insurance fraud under section 440.105(4)(b)8, a felony. Send the crew home. Tell the general contractor.
- 2
Call a lawyer before the investigator leaves.
Adrian answers his cell at any hour. If the investigator is still on site, put him on the phone. You are entitled to counsel, and the investigator knows it.
- 3
Write down everything that was said.
Who the investigator spoke to, what each worker said, what you said, what documents were handed over or photographed. Memory of that first conversation fades fast and the investigator's notes will not.
- 4
Calendar three dates.
21 days from receipt of the order to petition for a hearing. 21 days from receipt of the records request to produce records, claim the premium credit and earn the 25 percent reduction. 21 days from the first penalty calculation to pay or enter a payment agreement before the order is reinstated. Each is a separate clock.
- 5
Get coverage in place.
A Florida policy, a PEO that actually enrolls the workers, or valid exemptions for qualifying officers. Nothing else moves until this does, and a first-time employer's initial premium payment is a credit against the penalty if documented within 21 days.
- 6
Collect every certificate of insurance and exemption you have for every subcontractor.
Each valid one removes a worker from the calculation. Check the effective dates and the entity name on each one.
- 7
Audit your own records before anyone else does.
Know your records-based penalty and your imputed penalty before you decide which way to go, and know whether anything in the records creates criminal exposure.
- 8
Keep the business entity alive.
Successor liability under section 440.107(7)(b) follows the principals into any new entity in the same trade. Dissolving the company does not end the order, and it can look like concealment.
Don't
- 1
Don't give records to the state until you know exactly what is in them.
There are two penalty methods. The records method uses your actual payroll; the imputed method uses 1.5 times the statewide average weekly wage per worker per week. For some employers the imputed number is much lower. Records also can contain evidence of crimes (cash payroll, check-cashing schemes, false certificates) that nobody is required to volunteer. Records are not required to resolve a stop-work order; an employer has the right to decline, and there is a remedy under the statute and rule that should be discussed with counsel before anything is produced.
- 2
Don't give a statement to the investigator without counsel.
Failing to secure coverage is a third-degree felony under section 440.105(4)(a)3 and (4)(f); at $20,000 or more it is second-degree and at $100,000 or more it is first-degree. Your statement about how you paid people and why is evidence in that case. The investigator is trained to ask friendly questions; I was.
- 3
Don't sign anything on site.
Not an admission, not a payroll summary, not a 'field worksheet'. Nothing the investigator hands you has to be signed that day.
- 4
Don't keep working 'just to finish the job'.
That decision has turned a civil penalty into a felony charge more often than any other.
- 5
Don't backdate, alter or 'clean up' any record.
Altered records are a separate felony and the single fastest way to a criminal referral.
- 6
Don't let workers speak for the company.
Tell your crew they may decline to answer and may ask for the company's lawyer. Do not tell them what to say.
- 7
Don't assume your exemptions are valid.
Check each one on the Division's database: dates, entity name, officer status on Sunbiz, ownership percentage, the three-officer limit.
- 8
Don't ignore the DBPR letter.
If you hold a contractor license, the stop-work order triggers a mandatory referral under section 440.107(14). That becomes a separate licensing case with its own deadlines.
One more
Nothing on this page is a substitute for a conversation about your facts. The consultation is free and the phone is answered 24/7.
Questions
Can I talk to the investigator at all?+
You can identify yourself and your company and tell the investigator that your attorney will be in contact. You do not have to answer questions about payroll, workers, pay rates or coverage. Be polite, be brief, and get counsel on the phone.
The investigator said producing records would help me. Is that true?+
Sometimes. The records produce the 25 percent reduction and, for many employers, a lower number than imputation. For others, the records produce a much higher number and a criminal referral. The investigator is not in a position to tell you which employer you are, and is not obligated to try.
What if I cannot afford a policy right now?+
Talk to us before you decide that. There are PEO arrangements with no large up-front premium, and a conditional release requires coverage plus a $1,000 down payment and a payment agreement, not the full penalty. Staying shut down is usually the most expensive option.