By Adrian Middleton, Sword & Shield, PLLC · Updated Friday, October 9, 2026
Class codes the Division applies to electricians
| Code | Description | Note |
|---|---|---|
| 5190 | Electrical wiring within buildings | Rated per $100 of payroll at the approved Florida rate |
| 5606 | Project manager / superintendent | Only for supervisors who are never on the tools |
The rate for each code is set in the annual NCCI Florida filing and applied per $100 of payroll. The penalty is two times that premium over the lookback period. Moving payroll from a high-rated field code to the correct code, or to a standard exception, is one of the most productive corrections in a penalty worksheet, and it requires records that show who did what.
Where electricians go wrong
- Licensed electrical contractors are referred to the ECLB automatically; the licensing case is separate from the penalty.
- Apprentices and helpers paid through the journeyman's company are the contractor's employees if that company is uninsured.
- Low-voltage and alarm installers are sometimes coded separately; records matter.
Licensing
Certified (EC) and registered (ER) electrical contractors are licensed under Chapter 489 Part II and the Electrical Contractors' Licensing Board; the section 440.107(14) referral applies.
The rule that decides most of these cases
Every dollar paid to a worker in the construction industry is uninsured payroll unless that worker held a valid exemption or was covered by a policy on the date of payment. A 1099, a contract, or a handshake agreement that someone is a subcontractor changes nothing (s. 440.02(18)(c)).
What to do if you were served
Stop all work at every site. Do not give the investigator records or a statement. Calendar 21 days from the order and 21 days from the records request. Get coverage. Then audit the records before anything is produced, because for many electricians the choice between the records penalty and the imputed penalty is worth more than any later argument. The do's and don'ts and the penalty audit pages explain each step; the free calculator runs both numbers.
Questions
Are my 1099 electricians really my employees?+
In the construction industry, yes, unless each holds a valid certificate of election to be exempt or is covered by a policy. Section 440.02(18)(c) makes independent contractors and subcontractors in construction employees of the contractor that pays them. The $5,000 per-worker penalty in section 440.107(7)(f) applies if you told the Department or your carrier they were independent contractors.
Will the Division tell DBPR?+
Yes. Section 440.107(14) requires the Department to immediately notify DBPR when a certified or registered contractor fails to secure coverage. That becomes a separate disciplinary case against the qualifier's license.
Can the class code be changed after the penalty is calculated?+
Yes, through records showing the actual work performed and, if needed, a petition under Chapter 120. Amended Orders of Penalty Assessment correcting class codes are common when the evidence supports it.