By Adrian Middleton, Sword & Shield, PLLC · Updated Friday, October 9, 2026
The three conditions
- 1
Come into compliance with the coverage requirements.
A Florida policy with the correct class codes, a PEO agreement that actually enrolls the workers, or valid exemptions for qualifying officers. The Department verifies coverage in its own database before it will release anything.
- 2
Pay $1,000 down.
Section 440.107(7)(a) sets the down payment for a conditional release at $1,000.
- 3
Pay the balance or enter a Payment Agreement Schedule for Periodic Payment of Penalty.
Rule 69L-6.025 governs the agreement. An employer cannot enter a new payment agreement while a previous penalty is unpaid.
The Order of Conditional Release
When the three conditions are met, the Department issues an Agreed Order of Conditional Release from Stop-Work Order. You can resume operations at every worksite. The order remains conditional: section 440.107(7)(a) provides that failure to pay in full or enter the payment agreement within 21 days after service of the first penalty assessment calculation, or failure to meet any term of the agreement, results in immediate reinstatement of the stop-work order and acceleration of the entire unpaid balance.
Timing
The three conditions can be met before the penalty is even calculated. An employer that binds coverage and comes to the Department with the down payment can be conditionally released while the auditor is still working, and the payment agreement is executed when the penalty is assessed. For an employer whose crews are idle at $1,000 a day of lost production, that sequencing is worth more than any later argument about the number.
Contesting while released
Entering a payment agreement does not waive the right to petition for a hearing on the Order of Penalty Assessment or any Amended Order. The two run in parallel: you pay on schedule while the amount is litigated, and the agreement is amended when the amount changes.
Final release
When the penalty is paid in full (or, under the agreement, the Department's conditions for final release are met) and coverage is confirmed, the Department issues an Order Releasing Stop-Work Order. The employer's listing on the Division's public stop-work order page remains for at least five years under section 440.107(7)(a).
Note for owners with property
The lien under section 440.107(11) attaches to the employer's entire interest in real and personal property until the penalty is collected. Bonding, financing and real estate closings during that period need to account for it.
Questions
How fast can I be back to work?+
As fast as coverage can be bound and the Department can verify it and process the down payment and agreement. With a cooperative carrier or PEO and counsel handling the Department, that is often measured in days, not weeks.
What are the payment agreement terms?+
The Department sets the terms under Rule 69L-6.025; they depend on the penalty amount. Ask us for the current terms before you sign, and never agree to a schedule you cannot keep: one missed payment reinstates the order.
Can the Department refuse a conditional release?+
The statute says the Department 'may' issue one when the conditions are met. In practice it does, unless there is a prior unpaid penalty or coverage cannot be verified.