PEO Services for Florida

PEO Guide for Florida

Navigating Florida’s employment laws and HR management can be challenging. A Professional Employer Organization (PEO) handles tasks like payroll, benefits, and compliance. This guide covers everything you need to know about using a PEO in Florida.

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Capital City

Tallahassee

Timezone

EST

(

GMT -5

)

Paid Leave

No legal requirement

Income Tax

0%

Employer Tax

9.5% - 12.8%

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What is a PEO in Florida

A PEO in Florida serves as a co-employer, handling essential HR functions like payroll, benefits, and compliance while your business maintains control over operations and decision-making. This arrangement allows companies to focus on growth while reducing the administrative burden and legal risks associated with HR.

By partnering with a PEO in Florida, businesses can simplify HR, stay compliant with state regulations, and offer competitive employee benefits, all while focusing on growth. Whether you're a startup or an established company, a PEO helps you navigate Florida’s complex employment landscape.

Mandatory Requirements when Partnering with a PEO in Florida

In Florida, it’s mandatory for all employers, including those partnering with PEOs, to have valid workers’ compensation insurance. Failure to do so is a criminal offense with potential fines up to $100,000 USD as per Florida Labor Code, section 3700.

Benefits Of Using a PEO In Florida

Payroll Processing and Compliance. A PEO manages payroll processing, tax withholdings, and filings with Florida state agencies, ensuring compliance with state tax laws and employment regulations.

Benefits Administration. PEOs offer access to comprehensive employee benefits packages, including health insurance, retirement plans, and other perks that help attract and retain top talent in Florida.

Workers’ Compensation. PEOs ensure your business complies with Florida’s workers’ compensation requirements, handling claims and minimizing risk.

HR and Legal Compliance. PEOs bring expert HR support, making them especially valuable for small businesses. With constantly changing Florida labor laws, a PEO offers guidance on employee handbooks, harassment prevention, terminations, and safety regulations, ensuring your business stays compliant.

How to Choose the right PEO in Florida

Selecting the right PEO in Florida is essential for navigating the state's intricate labor laws while ensuring compliance and efficiency. Follow these key steps:

  1. Focus on Florida-Specific Experience. Ensure the PEO has expertise in navigating Florida’s labor laws. This includes understanding nuances like mandatory sick leave, wage orders, and workers’ compensation requirements.
  2. Service Flexibility. Choose a PEO that offers flexible services tailored to your business size and industry. Florida’s regulations can vary by sector, so a PEO with industry-specific knowledge is valuable.
  3. Track Record and Compliance History. Research the PEO’s compliance history to ensure they have a proven track record of helping businesses avoid penalties and stay compliant with Florida’s complex employment laws.
  4. Consider Employee Benefits. A PEO can offer access to more affordable and comprehensive employee benefits, which are crucial for attracting and retaining top talent in Florida’s competitive job market.
  5. Assess Customer Service. Responsive customer service, dedicated human support teams (not AI), and robust HR technology are key factors in ensuring a smooth partnership with the PEO. It’s important to find a partner who supports your people, when they need it most.
By following these steps, you can select a PEO that aligns with your business goals and ensures compliance with Florida’s complex labor regulations. For more detailed insights, check out Playroll’s Guide to Employment in Florida.

Looking to hire employees in Florida?

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PEO for Small Business compliance in Florida

A PEO (Professional Employer Organization) is an excellent solution for small businesses in Florida to manage HR, payroll, and compliance with the state's complex labor laws.

Florida has some of the most stringent regulations around minimum wage, overtime, paid sick leave, and employee classification, which can be overwhelming for small businesses without dedicated HR resources.

Here’s a brief overview of some key laws and regulations specific to Florida.

Florida Labor Laws

A PEO helps businesses comply with both federal and Florida-specific labor laws, which can be complex and frequently change.

  • Minimum Wage: Florida’s minimum wage is $13 per hour statewide, with no regional variations. 
  • Overtime: While Florida has no state-specific regulations on overtime, employers must comply with the Fair Labor Standards Act (FLSA), requiring 1.5 times the employee’s regular rate for hours over 40 in a week.
  • Sick Leave: Florida does not mandate sick leave. Employers may establish their own policies regarding sick leave as part of their benefits offerings.
  • Meal and Rest Breaks: Florida law does not require meal or rest breaks, but if provided, breaks under 20 minutes are paid. Unpaid meal periods of 30 minutes or more are permitted if the employee is relieved of duties.

Payroll and Tax Compliance in Florida

  • Payroll Schedule: Florida has no state-mandated payroll schedule. Employers may choose weekly, biweekly, or monthly pay periods.
  • Tax Compliance: Employers must file the Reemployment Tax (Form RT-6) quarterly. Florida has no state income tax; however, Social Security, Medicare, and federal unemployment taxes apply. 

Florida Employee benefits and Risk Management

PEOs in Florida offer access to health insurance, retirement savings plans, and other benefits. Although Florida does not mandate health insurance or retirement plans, employers commonly provide benefits to attract and retain employees.

Additional requirements and enforcement in Florida

  • Workplace Safety: Florida adheres to OSHA standards for workplace safety.
  • Workers’ Compensation: Required for most employers, with rates varying by industry and job classification. 
  • Enforcement Agencies: Labor laws are enforced by the Florida Department of Economic Opportunity (DEO) and the Department of Business and Professional Regulation (DBPR). 
  • Overlapping Laws: When federal and state laws overlap, the more favorable regulation for the employee typically applies.

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FAQS

FAQs About PEO Services in Florida

How does a PEO help with Florida labor law compliance?

A PEO ensures compliance with Florida’s wage and hour laws, tax requirements, and employee classification rules, reducing legal risks for businesses.

Are PEOs regulated in Florida?

Yes, PEOs operating in Florida must comply with state regulations and are often certified to provide services within the state’s legal framework.

Can a PEO help small businesses in Florida?

Absolutely. PEOs are especially beneficial for small and mid-sized businesses in Florida, as they provide access to competitive benefits and ensure compliance with complex labor laws. Also, partnering with a PEO allows small businesses to offer their employees access to big-company benefits plans they’d likely otherwise struggle to afford.

Can a PEO help with compliance in Florida?

Yes, a PEO can help with compliance in Florida. One key area where a PEO provides support is with minimum wage laws, which vary significantly by state, and sometimes even by county or city. For example, as of 2024, 30 states and Washington, DC, have minimum wages above the federal rate, ranging from $8.75 to $17.00 per hour. PEOs stay updated on these changes and ensure your business remains compliant, especially if you have a distributed workforce.

Here are other ways PEOs assist with compliance in Florida:

- Payroll regulations: A PEO helps with proper worker classification, filing tax forms, managing payroll taxes, and adhering to wage and hour laws, such as overtime regulations.

- Benefits laws: PEOs ensure compliance with state-specific and federal benefits regulations, including laws related to COBRA, FSAs, HSAs, and other benefit programs.

- Labor laws: A PEO can manage workers’ compensation, ensure compliance with Equal Employment Opportunity (EEO) laws, display required labor posters, and support OSHA inspections.

By partnering with a PEO, you reduce the risk of costly fines and penalties related to non-compliance, as they handle complex regulations for you.

What happens if I want to terminate my relationship with a PEO in Colorado?

With Playroll PEO, you can switch on and off the PEO any time you want, moving seamlessly onto our workforce management platform. All your data and integrations stay intact in your account.

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