Business Insurance

Florida’s Apartment Security Law: What Owners Should Have in Place, and on Paper

Posted on by McGriff-Williams in Business Insurance |
Security camera mounted on the corner of a building wall

From McGriff-Williams Insurance, an independent agency in Gainesville since 1983. Where confidence grows.

When someone is hurt by a crime at an apartment community, the lawsuit that follows usually claims the owner should have done more to prevent it. These “negligent security” claims are among the most severe liability claims Florida apartment owners face.

Florida’s 2023 tort reform law gave owners a way to strengthen their position: a legal presumption against liability for owners who substantially put a list of security measures in place (section 768.0706, Florida Statutes). Here’s what the law asks for, why your records matter as much as your cameras, and how your insurance fits in.

This is a general summary of Florida law, not legal advice. Your attorney can tell you whether your property meets the law.

Who the Law Applies To

The law covers “multifamily residential property,” meaning a residential building or group of buildings with at least five dwelling units on one parcel. It applies to criminal acts on the premises by people who aren’t the owner’s or operator’s employees or agents.

The Security Checklist

The presumption is available to an owner or principal operator that substantially implements the following measures:

Physical security measures:

  • Security cameras at points of entry and exit that record and keep footage retrievable for at least 30 days.
  • A lighted parking lot averaging at least 1.8 foot-candles at 18 inches above the surface, from dusk to dawn (or controlled by a photocell or similar device).
  • Lighting in walkways, laundry rooms, common areas and porches, from dusk to dawn.
  • At least a 1-inch deadbolt on each unit’s door.
  • A locking device on each window, each exterior sliding door and other doors not used for community purposes.
  • Locked pool gates with key or fob access.
  • A peephole or door viewer on each unit door that doesn’t have a window in it or next to it.

A crime prevention assessment: the property must have a crime prevention through environmental design (CPTED) assessment that is no more than three years old, done by a law enforcement agency or a Florida CPTED practitioner designated by the state’s Florida Crime Prevention Training Institute. The owner must stay in substantial compliance with that assessment, so the recommendations matter, not just the report. The law set January 1, 2025 as the date to have the assessment in place. Because it can’t be more than three years old, put the renewal date on your calendar.

Employee training: current employees were to receive “proper crime deterrence and safety training” by January 1, 2025, and each new employee must be trained within 60 days of their hire date. The training must familiarize employees with the security measures listed above, and it must be reviewed at least every three years and updated as needed. You can ask the law enforcement agency or practitioner who did your assessment to review your training curriculum. If training wasn’t completed on time, talk with your attorney.

A Presumption, Not Immunity

Three points are easy to miss:

  1. The burden is on you. The law says the owner or operator has to show the measures were substantially implemented. If you can’t prove it, the presumption doesn’t help.
  2. You can still be sued. A presumption isn’t immunity. It can be challenged with evidence, and it doesn’t stop anyone from filing a claim.
  3. “Substantially implements” isn’t defined in the statute, and the law doesn’t say how many of the measures are enough. Putting every measure in place and keeping proof gives you the most to show, but it doesn’t guarantee any result in a claim or lawsuit. Ask your attorney how the law applies to your property.

Two other 2023 changes also matter. When someone who was lawfully on the property sues the owner, operator or manager after being hurt by a third party’s crime, the jury must consider the fault of everyone who contributed to the injury, including the person who committed the crime (section 768.0701). And most negligence lawsuits in Florida now have to be filed within two years (section 95.11).

Keep the Paper Trail

If a claim comes, your records tell the story. A simple file for each community might include:

  • The CPTED assessment, plus a log showing how and when you addressed each recommendation.
  • Camera system records showing footage is kept at least 30 days, and notes on any outages and repairs.
  • Lighting checks, including parking lot light readings, and repair work orders closed out with dates.
  • Lock, deadbolt, peephole and pool gate inspections, especially at unit turnover.
  • Training records with each employee’s hire date and training date, and the date the curriculum was last reviewed.
  • How you responded to resident complaints and incident reports, including any added security steps.

These records can also help when you apply for insurance. Many insurance companies ask about security at the property, and good documentation can help underwriters understand your property’s security. It doesn’t guarantee any particular terms or price.

How Your Insurance Fits In

Even a well-protected property can face a claim. The policy details decide whether you have help paying for a defense and any settlement:

  • Assault and battery: excluded or limited? Some apartment liability policies exclude assault and battery entirely, which can take negligent security claims with it. Others offer a lower sublimit. Ask whether defense costs come out of that sublimit, since they can use it up quickly. If your policy excludes it, ask us whether standalone assault and battery coverage is available for your property.
  • Firearms and abuse exclusions. These can act like an assault and battery exclusion even when they’re labeled differently. Read them closely.
  • Your umbrella. An umbrella usually doesn’t add back coverage the primary policy excludes, and some umbrellas add exclusions of their own. We read both together.
  • Property managers and security vendors. If a management company runs the property, it should be named as an additional insured on your policy. If you hire a security company, your contract should spell out its insurance limits and additional insured status for you, and your attorney should review the indemnity wording. Ask for its certificate of insurance and a copy of the additional insured endorsement, and keep both on file. A certificate alone doesn’t make you an additional insured. Also ask whether the security company’s own policy excludes or limits assault and battery, since that could leave little coverage for the very claims you hired them to help prevent.
  • Report incidents right away. Tell us and your insurance company about any incident on the property, even if no one has threatened to sue.

Our apartment insurance page goes deeper on the exclusions we check when we compare apartment liability quotes.

Help That Goes Beyond the Policy

Meeting the law is mostly about operations, and we can help with the pieces that touch insurance and contracts:

  • Lease and contract reviews, including the insurance requirements in your security, landscaping and maintenance vendor contracts.
  • Certificate guidance, so you know what to look for on vendors’ certificates of insurance.
  • Safety and HR resources, including safety training, OSHA support and access to live HR professionals. These resources don’t take the place of the crime deterrence and safety training the law requires.

Let’s Review Your Liability Program

McGriff-Williams has helped Florida property owners since 1983. As an independent agency, we compare apartment liability options from multiple insurance companies, and we compare the forms, not just the price, so you know what each quote leaves out. Call us at (352) 371-7977 or get a second opinion.

General information, not legal or coverage advice. Coverage depends on the policy issued, its terms and underwriting. McGriff-Williams Insurance is an independent insurance agency licensed in Florida. Information current as of October 2026.

Apartment Owners: Property Insurance Prices Are Easing. Here’s What to Ask Before You Renew.

Posted on by McGriff-Williams in Business Insurance |
White mid rise apartment building with balconies behind palm trees

From McGriff-Williams Insurance, an independent agency in Gainesville since 1983. Where confidence grows.

After several hard years, apartment owners in North Central and Northeast Florida finally have some better news on property insurance. Nationally, commercial property premiums fell an average of 6.3% in the second quarter of 2026, the biggest drop of any commercial line for the second quarter in a row, according to The Council of Insurance Agents & Brokers. Three out of four brokers in that survey said insurers had more room to write property, and some reported higher sublimits and lower deductibles, especially for wind and hail.

That’s a national average, not a promise. Your renewal still depends on your buildings’ age, construction, roofs, location and loss history. But when insurers are competing for business, it’s the right time to look past the price and ask about the terms. A lower premium with a weaker deductible or a lower value cap can cost you far more after a storm than you saved.

Here are seven questions we walk through with apartment owners before they renew.

1. How Is My Windstorm Deductible Figured, in Dollars?

Many Florida apartment properties, especially those with buildings of five or more units, are insured in the surplus lines market, where windstorm and named storm deductible terms vary from policy to policy. Two policies that both say “5% named storm deductible” can produce very different results. Ask:

  • 5% of what? The building value alone, or the total insured value, which can include contents and loss of rents?
  • Per building or per location? A deductible figured per building usually leaves you paying less on a partial loss than one figured across every building at the location.
  • What triggers it? Some policies apply the deductible to any named storm, including a tropical storm. Others apply it only to hurricanes.

An illustration (example figures, not a real policy): say a community has six buildings, each insured for $2.2 million including loss of rents, and a storm does $300,000 of damage to each of two buildings. With a 5% deductible applied per building, the deductible is $110,000 per damaged building, and the policy pays about $380,000 in total. If the same 5% applies to the whole location’s $13.2 million value, the deductible is $660,000, which is more than the $600,000 loss, so the policy pays nothing.

In today’s market, it’s worth asking whether better deductible terms are available on your property. We’ll show you what each option means in dollars before you decide.

2. Is My Statement of Values Up to Date?

Your statement of values lists each building’s replacement cost, plus details like square footage, construction and roof updates. It matters more than many owners realize:

  • Coinsurance. Many commercial property policies reduce a claim payment if your limit is below a set share (often 80% to 90%) of the building’s true replacement cost, even on a partial loss.
  • Value caps. Some policies, especially in the surplus lines market, cap what they’ll pay for each building or location at the value you reported, or at a set percentage above it. If the value you reported is too low, that cap can stop a claim payment short.

When premiums are falling, it’s tempting to leave old values in place. Updating them with a recognized building cost estimate can lower the chance that a coinsurance penalty or a value cap cuts a claim payment short.

3. Does My Policy Include Ordinance or Law Coverage?

When an older building is damaged, today’s building code can require more work than simply putting back what was there. Ordinance or law coverage typically has three parts: the value of an undamaged portion you’re required to tear down, demolition costs, and the extra cost to rebuild to current code. Many policies include little or none of it unless you add it.

Roofs are a good example. Under Florida law, if a roof was built, repaired or replaced to the 2007 Florida Building Code or a later edition, only the repaired portion has to meet the current code, even when 25% or more of the roof is being repaired or replaced (section 553.844(5), Florida Statutes). Older roofs don’t get that exception, so a bigger repair may require bringing more of the roof up to code. If your communities have pre-2007 roofs, ask what your policy pays toward code upgrades.

4. How Long Will My Loss of Rents Coverage Last?

If a covered loss makes units unlivable, rent stops but your mortgage and payroll don’t. Loss of rents (business income) coverage replaces that income while you repair. Ask:

  • Is the limit based on a realistic rebuild time, including permits and contractor schedules after a regional storm?
  • Is there an extended period of indemnity to cover the months it can take to re-lease units after repairs are done?
  • Is there a separate waiting period or deductible for loss of rents, and are your rents included in the value used to figure your windstorm deductible?

5. What Sublimits and Conditions Could Shrink a Claim?

The details deep in the policy often decide how a claim goes. We look for:

  • Water damage limits, including separate limits for sewer backup or wind-driven rain.
  • Equipment breakdown for HVAC, pumps, elevators and electrical panels. It’s often missing from apartment property policies unless you add it.
  • Protective safeguards. If the policy assumes a working sprinkler or monitored alarm and that system is off without notice to the insurer, a fire loss may not be covered.
  • Vacancy conditions. A building that’s empty or largely unoccupied, such as one waiting to be leased up, can trigger coverage limits after a set number of days. Policies treat renovations differently, so tell us before a major renovation starts.

6. Does My Notice Window Leave Time to Shop?

Florida generally requires licensed (admitted) insurers to give at least 120 days’ written notice before nonrenewing or canceling a commercial residential policy such as an apartment building, with shorter notice for nonpayment (section 627.4133, Florida Statutes). Surplus lines policies can carry as little as 45 days’ notice of nonrenewal (section 626.9201). That rule covers nonrenewal. If a surplus lines insurer offers to renew, even with a higher price or new terms, the offer can arrive much closer to your expiration date.

Because so much apartment property is in the surplus lines market, we suggest starting your renewal review about 120 days before your policy expires, whatever your notice window. If your property is insured with Citizens Property Insurance Corporation, Florida’s state-created insurer, it’s worth a look too. Citizens’ overall average statewide rate for commercial residential multiperil policies (excluding condominium associations), the policy type that covers apartment buildings, went up 7.2% for new and renewal policies effective on or after July 1, 2026, according to its April 30, 2026 rate announcement. Changes for individual properties vary.

7. Is My Liability Coverage Keeping Up?

Property and liability are moving in different directions. In the same survey, umbrella premiums rose an average of 5.3%, their 35th straight quarterly increase. If your property costs come down, it can be a good moment to review your liability limits and exclusions too, especially assault and battery, firearms and pool exclusions on apartment policies. Our apartment insurance page explains what we check.

Help That Goes Beyond the Policy

A good renewal is about more than insurance. For apartment owners, we also offer:

  • Lease and contract reviews of the insurance requirements in your leases and vendor contracts, so they match what you need and what your own policy requires of vendors.
  • Certificate guidance, so you know what to check on certificates of insurance from landscapers, pool companies, security vendors and other contractors.
  • Workers’ comp and GL audit support to help you prepare for premium audits and question results that don’t look right.
  • Safety and HR resources, including safety training, OSHA support and access to live HR professionals.

And remember that property policies exclude flood. If you haven’t reviewed flood coverage for your buildings and loss of rents, see our flood insurance guide.

Let’s Look at Your Renewal Together

McGriff-Williams has helped Florida property owners since 1983. As an independent agency, we compare options from multiple insurance companies, in both the standard and surplus lines markets, and we’ll tell you plainly what we see. Send us your current policy or a renewal quote, and we’ll show you what it covers and what it leaves out. Call us at (352) 371-7977 or get a second opinion.

General information, not legal or coverage advice. Coverage depends on the policy issued, its terms and underwriting. Market figures are national averages and don’t predict any one property’s renewal. McGriff-Williams Insurance is an independent insurance agency licensed in Florida. Information current as of October 2026.

Your Business Uses AI. Does Your Insurance Know That?

Posted on by McGriff-Williams in Blog, Business Insurance |
Illustration of a laptop with a chat bubble, circuit lines, a shield and a policy document

Maybe your office manager uses AI to write job postings, your website chatbot answers questions after hours, or your estimator runs takeoffs through AI software. These tools save real time. They also raise a question most business owners haven’t asked: if something the AI produces harms someone else, who pays?

Often, the claim is made against the business that used the tool, even if you only subscribe to it. The insurance industry is still deciding how to handle that risk. Here’s what we know so far.

AI use is growing, and much of it is unofficial

According to the U.S. Census Bureau’s Business Trends and Outlook Survey, 17% to 20% of U.S. businesses reported using AI in the previous two weeks between December 2025 and May 2026. The rate was 37% for firms with 250 or more employees and under 20% for firms with four or fewer.

Employees also use AI tools on their own. A 2025 industry study of 600 organizations worldwide that had a data breach found that 20% had a breach involving “shadow AI,” meaning AI tools employees used without IT or security oversight. Organizations with high levels of shadow AI saw average breach costs about $670,000 higher than those with a low level or none.

Five ways AI can lead to a claim

AI rarely creates a new kind of lawsuit. It gives familiar claims a new way to start.

1. Financial harm from a wrong answer. In a 2024 Canadian tribunal case, an airline’s website chatbot gave a customer wrong information about a refund policy. The tribunal held the airline responsible and rejected the argument that the chatbot was responsible for its own statements. Picture a leasing chatbot that misstates an apartment’s fees.

2. Copyright, trademark or fake-review problems in AI-written marketing. AI-generated ads and images may closely resemble someone else’s protected work. The Federal Trade Commission’s rule on consumer reviews and testimonials took effect October 21, 2024. It bans fake reviews, including AI-generated reviews that appear to come from people who don’t exist or never used the product. That matters for restaurants, retailers and any business that depends on online ratings.

3. Defamation. AI tools sometimes state false things confidently. A post or chatbot reply with a false claim about a competitor or a former employee can lead to a defamation claim against the business that published it.

4. Unauthorized data disclosure. When an employee pastes tenant applications, customer records, pricing or bid details into a public AI tool, that information may leave your control. That’s a privacy problem, not only an IT problem.

5. Injury or property damage from relying on AI output. A contractor or manufacturer that relies on AI for quantities, specifications or product instructions still owns the result if someone is hurt or property is damaged.

Hiring tools deserve a mention too. In 2023, the U.S. Equal Employment Opportunity Commission (EEOC) reached a $365,000 settlement of its lawsuit alleging that a company’s application software automatically rejected older applicants. In 2025, in a separate case that is still ongoing, a federal court preliminarily allowed age discrimination claims against the provider of an AI applicant screening system to proceed as a collective action. Employers can still face discrimination claims over hiring decisions made with help from software.

How your current policies may or may not respond

Policies vary, and the answer always depends on your exact policy wording. Here’s a general look:

  • General liability (GL) policies generally address bodily injury, property damage and “personal and advertising injury.” Depending on the policy terms, that last category can include some defamation claims and some copyright claims tied to your advertising. Standard industry endorsements with a January 2026 edition date let insurers exclude claims “arising out of generative artificial intelligence.” One version (CG 40 47) excludes bodily injury, property damage and personal and advertising injury. Another (CG 40 48) excludes only personal and advertising injury. A third (CG 35 08) is for separate products and completed operations liability policies. These endorsements are optional, and their use varies by insurer and state, so not every policy includes them. Review your policy with a licensed member of our team to see whether yours has one or similar wording.
  • Professional liability / E&O may apply when your business provides professional services such as design, estimating or consulting and an AI-assisted result is wrong. Separately, at least one insurer has introduced a broad AI exclusion for management liability policies, such as directors and officers (D&O), employment practices and fiduciary liability.
  • Cyber liability usually addresses data breaches and privacy costs. How it treats a loss involving an AI tool, especially one used without approval, depends on its wording. A pure financial loss caused by a wrong AI answer, with no breach involved, may not fit a cyber policy at all.
  • Employment practices liability (EPL) is typically where discrimination claims from hiring and employment decisions are addressed, including decisions made with help from software.

A new kind of policy is emerging

Some insurance markets now offer standalone generative AI liability policies, including through the surplus lines market. Industry materials describe these policies as built for businesses that use AI, not only for tech companies that build it. Coverage is often organized around the same harms listed above: financial loss from wrong outputs, intellectual property and defamation, data disclosure, and injury or property damage.

They aren’t a cure-all. An insurance wholesale executive told Insurance Business in October 2026 that it may take real business losses before many companies buy this coverage, and that the industry is still sorting out how AI exposures fit with general liability, cyber and other coverage. Published terms for one such policy exclude cyber attacks, employment and discrimination claims, and AI tools not listed on the policy. That policy is also claims-made, aimed at mid-sized and larger companies, and not available in every state. For most businesses, the first step is understanding the policies you already have.

Practical steps

You don’t need to stop using AI. These habits help:

  1. List the AI tools you use, including chatbots, hiring software, estimating tools and AI features built into software you already pay for.
  2. Write a short AI use policy. Spell out what employees can and can’t put into AI tools, and who approves new tools.
  3. Keep a person in the loop. Have someone review AI-written ads, bids, specs and customer messages before they go out.
  4. Tell people when they’re talking to AI.
  5. Check vendor contracts to see who is responsible if an AI tool makes a mistake.

Questions to ask your agent at renewal

  • Does my general liability policy include a generative AI exclusion, such as CG 40 47, CG 40 48 or CG 35 08, or any other new AI wording?
  • Do my professional liability, D&O or EPL policies include an AI exclusion?
  • If an AI tool we use gives a customer wrong information, makes an advertising claim, or contributes to injury or property damage, how would my policies respond?
  • Would my cyber policy respond to a data issue involving an AI tool an employee used without approval?
  • Are standalone AI liability options available for a business our size in Florida, and what do they exclude?

We’re here to help you understand it

McGriff-Williams Insurance is an independent insurance agency that has served businesses from Gainesville since 1983. A licensed member of our team can review your current policies with you, point out AI-related wording, help you understand what you have, and may be able to compare options from the insurance companies we represent. Call us at (352) 371-7977 or visit mcgriffwilliams.com.

This article is for general education and isn’t legal advice. Coverage depends on the specific terms, conditions and exclusions of each policy. Policies vary, so review your policy wording. Information is current as of October 26, 2026.

Sources

  1. U.S. Census Bureau, “Large Firms With at Least 20 Employees Biggest AI Users” (May 2026): https://www.census.gov/library/stories/2026/05/ai-use-businesses.html
  2. IBM, Cost of a Data Breach Report 2025 press release (July 30, 2025): https://newsroom.ibm.com/2025-07-30-ibm-report-13-of-organizations-reported-breaches-of-ai-models-or-applications,-97-of-which-reported-lacking-proper-ai-access-controls ; IBM summary: https://www.ibm.com/think/insights/data-matters/cost-of-a-data-breach
  3. Moffatt v. Air Canada, 2024 BCCRT 149 (Civil Resolution Tribunal of British Columbia): https://decisions.civilresolutionbc.ca/crt/crtd/en/525448/1/document.do
  4. Federal Trade Commission, “Federal Trade Commission Announces Final Rule Banning Fake Reviews and Testimonials” (Aug. 14, 2024): https://www.ftc.gov/news-events/news/press-releases/2024/08/federal-trade-commission-announces-final-rule-banning-fake-reviews-testimonials
  5. 16 CFR 465.2: https://www.ecfr.gov/current/title-16/chapter-I/subchapter-D/part-465/section-465.2
  6. U.S. EEOC, “iTutorGroup to Pay $365,000 to Settle EEOC Discriminatory Hiring Suit” (2023): https://www.eeoc.gov/newsroom/itutorgroup-pay-365000-settle-eeoc-discriminatory-hiring-suit
  7. Mobley v. Workday, Inc., No. 3:23-cv-00770-RFL (N.D. Cal.), order granting preliminary collective certification (May 16, 2025); case pending: https://www.govinfo.gov/content/pkg/USCOURTS-cand-3_23-cv-00770/pdf/USCOURTS-cand-3_23-cv-00770-1.pdf
  8. Form CG 40 48 01 26, Exclusion: Generative Artificial Intelligence (Coverage B Only), form text: https://assets.alm.com/63/68/46ed4bf34a0e807c9695e15c9e19/cg-40-48-01-26-exclusion-generative-artificial-intelligence-coverage-b-only.pdf
  9. Pillsbury Winthrop Shaw Pittman, “AI Exclusions in Insurance Policies: Broad Language, Uncertain Impact” (JD Supra), describing CG 40 47, CG 40 48 and CG 35 08: https://www.jdsupra.com/legalnews/ai-exclusions-in-insurance-policies-1735637/
  10. Hunton Andrews Kurth, “The Continued Proliferation of AI Exclusions” (example of a broad AI exclusion for management and professional liability policies): https://www.hunton.com/hunton-insurance-recovery-blog/the-continued-proliferation-of-ai-exclusions
  11. Insurance Business, “It may take real losses to sell AI insurance…” (Oct. 26, 2026), industry commentary: https://www.insurancebusinessmag.com/us/news/excess-surplus/it-may-take-real-losses-to-sell-ai-insurance-crc-specialty-ceo-594917.aspx

Before You Hire That Sub: A 10-Point Prequalification Checklist for Florida Contractors

Posted on by McGriff-Williams in Blog, Business Insurance |
Two construction workers in hard hats and hi vis vests walk across a dirt site, one holding a tablet

From McGriff-Williams Insurance, an independent agency in Gainesville since 1983. Where confidence grows.

A good subcontractor makes your job easier. A sub with a lapsed policy, a thin safety program or the wrong exclusions can land on your desk as a claim, an audit bill or a dispute with the owner. In Florida, that risk is more than theoretical: under section 440.10 of the Florida Statutes, if a subcontractor doesn’t carry workers’ comp, the contractor above it is liable for workers’ comp benefits for that sub’s employees. That’s why Florida law requires contractors to get proof of coverage, or a copy of an officer’s exemption certificate, from every sub.

Prequalification is how you find problems before work starts. Here’s a 10-point checklist you can adapt for your company. It’s a starting point for a conversation with your project team, your attorney and us, not a substitute for any of them.

1. Confirm the Florida License

Get the sub’s Florida contractor license number and type, and check it on the DBPR license search to confirm it’s active and matches the work you’re hiring them to do. A certified license is good statewide. A registered license is good only in the local areas where the contractor met local requirements, and only for that type of work. Note the expiration date in your file.

2. Verify Workers’ Comp, Not Just the Certificate

Ask for a workers’ comp certificate, then confirm it on the Florida Division of Workers’ Compensation Proof of Coverage search, which shows the carrier, policy dates and exemptions. Print or download the search result for your file. Florida’s rule lists a Proof of Coverage screen print, or a copy of the policy’s information page, as acceptable evidence, while a certificate on its own generally needs confirmation from the producer or carrier, such as that screen print. For an exempt officer, get a copy of the exemption certificate or a screen print from the state’s Exemption search.

  • An exemption isn’t a policy, and it isn’t a license. A Florida construction exemption lets a named corporate officer who owns at least 10% of the company (for an LLC, a member who owns at least 10%) opt out of workers’ comp, with no more than three exempt officers per company or group of affiliated companies, and it applies only to that person and the companies listed on the certificate. That person isn’t covered and can’t collect comp benefits. The exemption never covers the sub’s employees, and the officer must certify that any employees are covered by a policy. It’s valid only for its dates and the type of work listed on it. The certificate itself states that it is not a license issued by DBPR, so verify the license separately (see item 1). A sub with an exemption and employees on site still needs a workers’ comp policy. Check that the exemption names the same company you’re hiring.
  • Employee leasing (PEO) arrangements need a closer look. The Division of Workers’ Compensation notes that only workers reported to and accepted by the PEO are covered. Ask the PEO to confirm who’s on its policy.

3. Check General Liability Limits Against Your Contract

There’s no single required minimum for a subcontractor’s general liability limits. Your contract sets the numbers. Compare the sub’s each-occurrence, general aggregate and products-completed operations limits with what your subcontract requires, and ask whether the policy has a per-project aggregate so another job can’t use up the limit.

4. Ask for the Endorsements, Not Just the Certificate

A certificate of insurance isn’t coverage. It’s informational and doesn’t change the policy. Ask for copies of the actual endorsements your contract requires and compare them with the contract:

  • Additional insured status for ongoing operations
  • Additional insured status for completed operations, kept in place long enough to match Florida’s statute of repose for construction claims: generally 7 years from the earliest of the temporary certificate of occupancy, certificate of occupancy, certificate of completion or the date construction was abandoned if not completed (s. 95.11(3)(b), F.S.), or longer if your contract requires
  • Primary and non-contributory wording
  • Waiver of subrogation

Many blanket additional insured endorsements cover ongoing operations only, so check completed operations separately. Blanket endorsements also usually depend on a written contract signed before the loss, so get the subcontract signed before work starts.

5. Look for Red-Flag Exclusions

Some general liability policies carry exclusions or limitations that may not fit your job. Ask whether the sub’s policy has any of these, and review them with us:

  • An exclusion for damage to work performed by the sub’s own subcontractors
  • A limit on contractual liability that can undercut the indemnity you’re relying on
  • Residential work, height or number-of-stories limitations
  • Classification or designated-operations limitations that don’t match the work
  • Exclusions for injuries to the sub’s own employees or other contractors’ workers, which can leave a gap for one of the most common jobsite claims

6. Confirm Umbrella and Auto Coverage

If your contract requires umbrella or excess limits, ask whether the umbrella follows form on additional insured status, so you’re an insured on the umbrella too. Confirm commercial auto limits and any additional insured or waiver of subrogation wording your contract requires.

7. Review the Safety Record

Ask for:

  • The experience modification rate (EMR) for the last three policy years. A 1.00 is neutral. Below 1.00 is a credit (better-than-expected losses) and above 1.00 is a debit. Small or new firms that aren’t experience-rated have no mod and are often listed at 1.00, so a 1.00 doesn’t always mean average losses. An EMR is only one measure of safety, so look at the full picture.
  • OSHA Form 300A summaries for the last three years, or a statement that the company is partially exempt because it had 10 or fewer employees, company-wide, at all times during the last calendar year. From the 300A you can calculate the total recordable incident rate: recordable cases × 200,000 ÷ hours worked.
  • OSHA citation history. You can also check OSHA’s public establishment search.

8. Ask About the Safety Program and Training

A written safety program should match the sub’s trade, not just sit on a shelf. Ask for the table of contents and look for the plans that fit the work, such as fall protection, ladders and scaffolds, hazard communication, silica and excavation. Ask about OSHA 10 and OSHA 30 training, named competent persons and how often the crew holds toolbox talks.

9. Ask How They Vet Their Own Subs

If your sub hires its own subcontractors, ask how it prequalifies them and whether it collects and verifies their coverage. Uninsured lower-tier subs can create the same workers’ comp and audit problems one level down.

10. Keep the File Current All Job Long

Prequalification isn’t a one-time event.

  • Uninsured subs can show up at audit. Many general liability and workers’ comp carriers add what you paid subs who can’t show valid coverage to your premium base at audit, so you pay premium for their exposure. Florida’s rule requires you to get new evidence if a sub’s work continues past the expiration date on its policy or exemption. A certificate that expired mid-job can count as uninsured for the gap.
  • Track expiration dates and get renewal certificates before the old ones lapse.
  • Use the state’s tracking tool. The Division of Workers’ Compensation’s Construction Policy Tracking service emails you when a tracked sub’s workers’ comp policy or exemption changes. Insurers have up to 21 days to report changes, so there can be a delay.

A Word About Indemnity

Florida limits indemnity agreements in construction contracts (s. 725.06, F.S.). A promise to indemnify another party for damage caused in whole or in part by that party is void unless the contract includes a monetary limit that bears a reasonable commercial relationship to the contract and is part of the project specifications or bid documents, if any. Have your attorney draft or review the indemnity and insurance sections of your subcontract, and have your agent compare those insurance requirements with what each sub’s policy actually provides.

How We Can Help

Prequalification is stronger when your insurance program backs it up. McGriff-Williams Insurance can compare the insurance requirements in your subcontracts with your own general liability, workers’ comp and umbrella coverage, and help you understand what a sub’s policy may and may not do for you. We review insurance terms only, not a contract’s legal terms. That’s a job for your attorney. For our workers’ comp clients, we offer audit support, a safety training platform, OSHA support and access to live HR professionals.

Subcontractor certificates: for clients, tracking the certificates of insurance your subs give you.

Call (352) 371-7977 or request a quote.

McGriff-Williams Insurance
3501 W University Ave, Gainesville, FL 32607
(352) 371-7977 · Monday to Friday, 9 AM to 5 PM

This checklist is general information for Florida contractors. It isn’t legal advice, and it doesn’t change or add to any insurance policy. Coverage depends on the actual policy forms and your contracts. Talk with your attorney about contract and indemnity questions, and with your agent about coverage questions.

Sources

  • Florida Statutes s. 440.10(1)(b) and (c) (contractor liability for an uninsured sub’s employees; duty to obtain proof of coverage or exemption): https://www.flsenate.gov/Laws/Statutes/2026/440.10
  • Florida Statutes s. 440.05 (construction-industry exemptions; officer opts out and isn’t an employee; certificate states it is not a license): https://www.flsenate.gov/Laws/Statutes/2026/440.05
  • Florida Statutes s. 440.02(11) and (18)(b)2 (officer definition, including LLC members owning at least 10%; construction exemption limited to three officers each owning at least 10%): https://www.flsenate.gov/Laws/Statutes/2026/440.02
  • Rule 69L-6.032, F.A.C. (contractor requirements for subcontractor evidence of coverage or exemption): https://www.flrules.org/gateway/ruleNo.asp?id=69L-6.032
  • Florida Division of Workers’ Compensation, Proof of Coverage search: https://dwcdataportal.fldfs.com/ProofOfCoverage.aspx
  • Florida Division of Workers’ Compensation, Exemption search: https://dwcdataportal.fldfs.com/Exemption.aspx
  • Florida Division of Workers’ Compensation, Construction Policy Tracking: https://contractor.fldfs.com/
  • Florida Statutes s. 95.11(3)(b) (statute of repose for construction): https://www.flsenate.gov/Laws/Statutes/2026/95.11 ; SB 360 (2023) analysis: https://www.flsenate.gov/Session/Bill/2023/360/Analyses/2023s00360.ju.PDF
  • Florida Statutes s. 725.06 (construction contracts; limitation on indemnification): https://www.flsenate.gov/Laws/Statutes/2026/725.06
  • OSHA, Recordkeeping (29 CFR Part 1904): https://www.osha.gov/recordkeeping
  • 29 CFR 1904.1 (partial exemption for employers with 10 or fewer employees): https://www.ecfr.gov/current/title-29/subtitle-B/chapter-XVII/part-1904/subpart-B
  • NCCI, ABCs of Experience Rating (1.00 unity; credits and debits): https://www.ncci.com/Articles/Documents/Academy_ABC_Exp_Rating.pdf
  • DBPR license search: https://www.myfloridalicense.com/wl11.asp
  • Florida Statutes s. 489.117 (certified vs. registered contractors): https://www.flsenate.gov/Laws/Statutes/2026/489.117
  • NCCI, experience rating and procurement: https://www.ncci.com/Articles/Pages/II_E-Mod-Procurement.aspx

OSHA Construction Fines Near Gainesville: What Local Data Shows

Posted on by McGriff-Williams in Blog, Business Insurance, Safety |
Wood framing of a new house on a cleared lot under a clear blue sky

If you run a construction company in North Central Florida, OSHA is closer than you might think. We pulled OSHA’s public enforcement data for federal OSHA construction inspections opened from January 2023 through mid-September 2026 at job sites within about 120 miles of Gainesville. That covers the area from Jacksonville and St. Augustine to Ocala, Daytona, The Villages, the Orlando area, the north side of Tampa, and Valdosta. Here’s what it shows and what you can do about it.

What the numbers show

  • 2,515 construction inspections in this data, and just over half (1,310) have at least one citation on record. Some of those cases are still open.
  • About $19.15 million in penalties as first issued, including items OSHA later deleted. The current total is about $13.69 million, reflecting settlements and final orders so far. It also includes open and contested cases that can still change.
  • About 44% of inspections were planned or programmed, and about 16% started with a complaint. Under OSHA’s national emphasis programs, inspectors may open an inspection when they see someone working at heights or an open trench.
  • OSHA’s maximum penalties that may be assessed after Jan. 15, 2026 are $16,550 per serious violation and $165,514 per willful or repeat violation (osha.gov/penalties, checked October 22, 2026).

Which OSHA office? In this data, every Alachua County construction inspection was handled by OSHA’s Jacksonville Area Office, and Marion and Levy county inspections were handled by the Tampa Area Office.

Five local patterns worth learning from

1. Trenches without protection. Cave-in protection citations were relatively rare here (57 items in nearly four years), but they were costly. Three of the five largest penalties outside roofing, as first issued, were trench cases, each over $140,000 before any settlement or final order. Under OSHA’s trench emphasis program, inspectors may open an inspection when they see an open trench or excavation.

2. Residential framing and carpentry falls. Roofers aren’t the only trade with big fall citations. In this data, 68 inspections of other trades, 53 of them framing contractors, included both a fall protection citation and at least one willful or repeat citation. The median penalty in those inspections was about $19,900 as first issued, and eight topped $50,000. About a third of those cases are still open and may change.

3. Scaffolds and aerial lifts. For inspections opened in 2025, scaffold and aerial lift citations rose to 125 items, from 90 in 2023 and 65 in 2024, even though fewer inspections were opened. 2025 counts may still grow as citations are issued. Scaffolds are the second most-cited standard locally for trades other than roofing.

4. Struck-by equipment. In OSHA accident records linked to these inspections (2023 through February 2025), 15 of 36 fatality records involved being struck by or caught in equipment or objects, such as loaders, rollers, dozers, falling materials, and motor vehicles. 17 involved falls.

5. Paperwork counts too. Across the area, OSHA issued 41 citations for not reporting a death or serious injury on time, 36 for missed electronic filing of the injury summary (Form 300A), and 146 for missing written fall protection training records.

What OSHA cites most around here

  1. Fall protection (858 citations; residential fall protection alone was 706)
  2. Ladders (396)
  3. Eye and face protection (277)
  4. Fall protection training and records (271)
  5. Scaffolds (236)

Trenching citations are less common, but they include some of the largest local penalties outside roofing (see pattern 1 above).

A note on heat: in this data we found almost no local heat-related fines. That doesn’t mean heat isn’t a risk. It’s still an important prevention topic for Florida crews, especially new workers in their first week.

Practical steps for your next job

  • Write it down. Keep a written fall protection plan and a trench and excavation plan for each job, and walk the crew through them.
  • Name a competent person for trenches and scaffolds: someone who inspects trenches daily and scaffolds before each shift, can spot hazards, and is authorized to take prompt corrective action.
  • Keep training records. OSHA requires a written fall protection training certification record with each worker’s name, the training date(s), and the signature of the trainer or the employer. Toolbox talk sign-in sheets help too.
  • Check ladders and scaffolds before use: ladder rails 3 feet above the landing, guardrails, planking, and tie-off in aerial lifts.
  • Control equipment around people: spotters, backup alarms, seatbelts on equipment with rollover protection, and clear walk zones.
  • Know your reporting deadlines. Report a work-related fatality within 8 hours, and an in-patient hospitalization, amputation, or loss of an eye within 24 hours (osha.gov/report or 1-800-321-OSHA).
  • File your Form 300A electronically by March 2 each year if a construction establishment had 20 or more employees at any time during the prior year. Larger establishments may have added filing duties under 29 CFR 1904.41.
  • Fix hazards fast and document it. Abatement records show what you corrected and when. In closed local cases, final penalties totaled about 29% less than first issued, but every case is different, and the data doesn’t show why any penalty changed. Talk with an attorney about any citation.

Where to get help

USF SafetyFlorida, Florida’s OSHA On-Site Consultation Program, offers complimentary, confidential safety consultations, primarily for smaller businesses. OSHA says consultations are separate from enforcement, and employers commit to correcting serious hazards the consultant finds. Call 1-866-273-1105.

McGriff-Williams Insurance is an independent insurance agency in Gainesville, serving clients since 1983. For our workers’ comp clients, we offer audit support, a safety training platform, OSHA support, and access to live HR professionals. To talk through your safety program or training records, call a licensed member of our team at (352) 371-7977.

About this data: Counts come from OSHA’s public inspection and violation data for federal OSHA inspections of construction employers (NAICS 23) opened January 2023 through September 17, 2026 (the latest date in files downloaded October 15 and 16, 2026), at sites within about 120 miles of Gainesville, measured straight-line from ZIP code centers. Sites whose ZIP code couldn’t be matched aren’t included, and the data doesn’t cover every job site or any state or local enforcement. “As first issued” totals include items OSHA later deleted. Current penalties reflect informal settlements, contests and final orders recorded so far, and open or contested cases may still change. OSHA can take up to six months to issue citations, so recent numbers may be understated. Fatality records run only through February 2025, and one event can appear under more than one employer. Roofing contractors are included (about 29% of inspections and 46% of first-issued penalties). General information only, not legal advice.

Sources

  • OSHA/DOL enforcement data (inspection, violation and accident datasets): https://data.dol.gov ; bulk files used: https://dataportal.dol.gov/datasets/10334 and https://data.dol.gov/data-catalog/OSHA/violation/OSHA_violation.zip (downloaded Oct 15 and 16, 2026)
  • OSHA penalties: https://www.osha.gov/penalties
  • OSHA national emphasis programs (falls, 2023 release; trenching and excavation, CPL 02-00-161): https://www.osha.gov/news/newsreleases/osha-national-news-release/20230501 ; https://www.osha.gov/enforcement/directives/nep
  • OSHA Florida area offices: https://www.osha.gov/contactus/bystate/fl/areaoffice
  • Severe-injury reporting (29 CFR 1904.39): https://www.osha.gov/report
  • Electronic 300A submission and covered industries: https://www.osha.gov/laws-regs/regulations/standardnumber/1904/1904.41 ; https://www.osha.gov/recordkeeping/naics-codes-electronic-submission
  • USF SafetyFlorida consultation: https://health.usf.edu/publichealth/research/cohpe/safetyflorida/
  • OSHA On-Site Consultation Program: https://www.osha.gov/consultation
  • Fall protection training certification (29 CFR 1926.503): https://www.osha.gov/laws-regs/regulations/standardnumber/1926/1926.503