PEO in Florida

Florida's workers'-comp headcount rule for construction and the OIR licence regime are the two facts that most reshape a PEO placement in the state; both are verifiable independently of the vendor.

State minimum wage
$13.00/hr (constitutional step)
US Department of Labor

Last verified by Priya Shah.

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Statutory reference — Florida
SUI wage base
$7,000
New employer SUI rate
2.7%
State minimum wage
$13.00/hr (constitutional step schedule to $15.00 by 2026)
Workers' comp market
Competitive; coverage required above industry-specific headcount
State FMLA analog
None — federal FMLA applies where thresholds are met
Paid family/medical leave
None — no state paid family or medical leave programme
Non-compete status
Enforceable under Florida Restrictive Covenants Act
Florida Statutes, Chapter 542 · Verified 2026-06-17

Florida requires workers' compensation coverage above a headcount threshold that differs by industry: construction employers must carry coverage from the first employee, while non-construction employers cross the threshold at a higher small-business headcount and agricultural operations follow a separate seasonal and year-round band. A PEO's master policy resolves that threshold on day one for the client of record, which is the usual reason a construction general contractor accepts a PEO placement in Florida even when it would resist elsewhere.

The Florida Division of Workers' Compensation, part of the Department of Financial Services, administers the coverage rule and maintains a public proof-of-coverage database. Any general contractor engaging a subcontractor can — and typically does — verify the subcontractor's coverage there before onboarding. When a subcontractor is co-employed under a PEO, the PEO is the named insured, and the PEO must appear on the proof-of-coverage record; misalignment here delays project starts.

PEOs operating in Florida must hold a licence issued by the Office of Insurance Regulation. The OIR publishes the roster and the licence status of each PEO, along with each entity's controlling persons. As in Texas, a prospective client can independently verify a proposed PEO's active status before signing, and that verification is one of the few due-diligence steps a client can complete without vendor assistance.

Florida does not levy a state personal income tax and does not require paid family or medical leave beyond federal FMLA where applicable. The state minimum wage rises on a scheduled annual step under a constitutional amendment passed by voters; a PEO's payroll platform must track the scheduled step because the increase takes effect mid-fiscal-year rather than at the start of a calendar year. See the workers'-comp code reference for how a Florida employer's class-code mix drives premium under the master policy.

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Non-competes are enforceable in Florida under the state Restrictive Covenants Act, which sets rebuttable presumptions on reasonableness for duration and geography. A PEO onboarding a Florida client does not usually alter the enforceability of legacy non-competes, and the client of record continues to hold those covenants against the co-employed workforce.

The state reemployment tax is administered by the Florida Department of Revenue. Under PEO co-employment the tax account is the PEO's, so a new client benefits from the PEO's established SUI history rather than paying a new-employer rate; a mature client with a poor history may correspondingly pay a slightly higher rate than it would as its own employer of record. Which direction that runs turns on the client's prior SUI experience relative to the PEO's blended average. Every field on this page is verified per the per-field methodology, and the record is re-issued whenever the source agency publishes a change to the underlying rule.

What this doesn't cover

This page reports the statutory context that shapes a PEO placement in Florida — the workers'-comp headcount threshold, the OIR licence, the SUI account inheritance. It does not price a specific PEO arrangement, and it does not evaluate individual providers against a specific client profile.

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Metros in Florida

Other states

Related references

Author: Michael Ross · Reviewed by Priya Shah on 2026-06-20