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Old 02-22-2004, 02:10 PM
hughgrxtion hughgrxtion is offline
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Join Date: Oct 2004
Posts: 4
State of Florida's worker's comp laws



I was looking for some input on this issue. I am in a pickle of a situation. Florida enacted worker's comp laws effective Jan. 1st, that have effectively put me out of business(blacklisted).I have called the state to no avail.


The new laws state that in the construction industry (and only the construction industry), an independent contractor (the owner) has to carry workers comp on himself. They enforce this by requiring that licensed contractors have proof of worker's comp or face a $5000 fine. So now all my clientel have dropped me. I have always went through labor pools to make sure my help has comp to protect myself and my clientel.The ins companies here are extremely high-up to 43%. Not to mention they want a sizable down payment, I have to have at least 5 employees before they will write me a policy(mucho money to carry a payroll for two weeks+ pay the comp on the employees), they would want to audit me every quarter to make sure I'M NOT SCREWING THEM OVER, and judging by my friends that have comp, not have any downtime because if they are out of work for a week or two, the ins companies are always threatening to drop them. The alternative is to incorperate, file for a workers comp exemption(which they require a ssn, I haven't used mine for almost 5 yrs), in which I will be operating as a priveledge.


The Florida statute-Title XXXI, chapter 440.015 states-Legislative intent-The worker's compensation system in Florida is based on a mutual renunciation of common-law rights and defenses by employers and employees alike.(this isn't all of it, but this passage caught my eye).


The questions I'm wondering is how can they pass a law that only affects a certain group of people(construction industry), and not everyone? Also, How can they force someone to incorperate to carry on a common-law occupation as a priveledge? How can they force someone to get insurance in order to provide sustanance for themselves? My chosen vocation in life does not require a license. After 15 years of doing this and a fortune in tools, retooling and educating myself for another trade is kinda out of the question.


Florida was one of the 40 states that signed an agreement with the IRS to share information-they don't have a state income tax, therefore-force every one to incorperate-sounds like a legislative trap to me. Any input? Should I be preparing to move or does anyone have any ideas for pursueing a lawsuit?
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