By Adrian Middleton, Sword & Shield, PLLC · Updated Friday, October 9, 2026
Class codes the Division applies to framers and carpenters
| Code | Description | Note |
|---|---|---|
| 5645 | Carpentry, detached one- or two-family dwellings | Rated per $100 of payroll at the approved Florida rate |
| 5651 | Carpentry, dwellings three stories or less | Rated per $100 of payroll at the approved Florida rate |
| 5403 | Carpentry NOC | Rated per $100 of payroll at the approved Florida rate |
| 5437 | Cabinet and trim installation | Rated per $100 of payroll at the approved Florida rate |
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 framers and carpenters go wrong
- Framing payroll is coded 5645 or 5651 by the type of dwelling; the wrong code changes the rate materially.
- Piece-rate pay and cash draws on Fridays are the classic underreported-payroll pattern.
- Framing labor brokers supplying crews to several generals are a common shell-subcontractor case.
- Trim carpenters and cabinet installers have their own, lower-rated code (5437) that investigators rarely apply without records.
Licensing
Framing crews often work under a general contractor's permit without a Chapter 489 license of their own; the general's license is the one DBPR is notified about when the sub is uninsured.
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 framers and carpenters 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 framers and carpenters 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?+
If the company itself holds no Chapter 489 license the referral is to the licensed general contractor whose permit the work ran under. If you hold a license, section 440.107(14) makes the referral automatic.
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.