Hour one: stop work, on every site
A stop-work order applies to the employer's operations everywhere in Florida, not just the site where it was posted. Working in violation of the order exposes the business to a daily penalty on top of the original assessment and converts an administrative problem into a potential criminal one. Pull the crews.
Read the two documents you were handed
You should have the stop-work order itself and a request for production of business records. The records request lists the categories of documents the Division wants, generally payroll, bank, tax, contracts, subcontractor and insurance records for a look-back period, and gives a deadline. The penalty is calculated from these records; if they are not produced on time, the Division imputes payroll at a statutory multiple of the statewide average weekly wage, which is almost always higher than reality.
Get coverage or an exemption in place
The order is not released until the business is in compliance. That means a workers' compensation policy, or valid exemptions for officers who qualify, for every person who was working. Call your agent the same day; coverage can usually be bound within a day or two.
Decide how to handle the records
Producing records is how the penalty is calculated accurately, and timely production can earn a reduction. But the records also show the Division who was on the payroll and for how long, and they are available to the fraud unit and to DBPR. Have the production reviewed and organized by someone who understands how the penalty worksheet works before it goes in.
Understand what you will owe
The penalty is a multiple of the premium the business should have paid on uninsured payroll during the look-back period, subject to a minimum. Releasing the order requires compliance plus either paying the penalty in full or making a down payment and entering a periodic payment agreement with the Division. The detailed formula, the deadlines and a penalty calculator are on our dedicated site, stopworkorder.com.
Protect the right to contest
The order and the penalty assessment each carry the right to request an administrative hearing within a stated period, generally 21 days. Entering a payment agreement to get released does not have to mean giving up the challenge to the amount; the two can proceed together if the paperwork is handled correctly.
Who else will hear about it
Licensed contractors should expect DBPR to be notified, which can open a licensing case. Repeat or large violations can be referred to the Division of Investigative and Forensic Services for a fraud review. Both are reasons to treat the first response as more than a paperwork exercise.
Frequently asked questions
Can I finish the job I am on?
No. The order takes effect when it is served or posted, and every day of work in violation adds a penalty. Finish nothing until the Division issues a release.
The investigator says the penalty will be small if I just hand over the records now. Should I?
Timely production matters and can reduce the penalty, but the records should be complete, accurate and reviewed first. A rushed, incomplete production can cost more than a careful one made inside the deadline.
How fast can the order be released?
Once coverage is in place and the penalty is paid or a payment agreement is signed, releases are often issued within days. The limiting factor is usually how quickly the records are assembled.
This guide is general information about Florida law as of its date, not legal advice for your situation. Deadlines and procedures vary by case and change over time; talk to an attorney about yours.