Starting a painting business in Florida does not require a state contractor’s license, but you still have to move through a specific sequence of filings, insurance policies, and tax registrations before you can legally take on jobs. Painting is one of the trades Florida exempts from state and local contractor licensing for permit purposes, which makes the entry easier than electrical or plumbing work. Skip a step, though, and you can end up with fines, a stop-work order, or a completed job you cannot legally sue to collect on.
Form the Business Entity
Most painters set up a Limited Liability Company. An LLC shields your personal assets from business debts and lawsuits without the paperwork of a full corporation, and Florida’s statute lets one or more people file articles of organization to create one.1Florida Senate. Florida Code 605 – Florida Revised Limited Liability Company Act – Section 605.0201 A sole proprietorship requires no state formation filing, but it offers no liability protection, which is a real exposure in a trade where a spilled bucket of primer on a hardwood floor is a routine claim.
LLCs and corporations register through the Division of Corporations portal, Sunbiz.2Florida Department of State. Division of Corporations The LLC filing fee is $125, which covers the articles of organization and the required registered agent designation.3Division of Corporations – Florida Department of State. LLC Fees You can file online with a credit card or mail paper documents to Tallahassee.
Register a Fictitious Name If You’ll Use One
If you’ll operate under any name other than your legal name or the exact name on your LLC filing, Florida requires you to register that name (a DBA) with the Division of Corporations and certify that you advertised it at least once in a newspaper in the county where your business is located.4Florida Senate. Florida Statutes Title XLVI – Chapter 865 – Section 865.09 – Fictitious Name Registration The filing fee is $50.5Florida Department of State. Florida Fictitious Name Registration
Two things happen if you skip this. Operating under an unregistered name is a noncriminal violation with a fine of up to $500.6Florida Legislature. Florida Statutes 775.083 – Fines More painful in practice, you lose the ability to file or maintain a lawsuit on behalf of the business until you comply.4Florida Senate. Florida Statutes Title XLVI – Chapter 865 – Section 865.09 – Fictitious Name Registration If a customer refuses to pay a $15,000 invoice, you can’t take them to court until the name is registered.
Get a Federal EIN
An LLC or corporation needs a Federal Employer Identification Number from the IRS. A sole proprietor needs one as soon as they hire their first worker. Apply on Form SS-4, which asks for your Social Security number, the legal name and address of the business, and the entity type.7Internal Revenue Service. About Form SS-4, Application for Employer Identification Number (EIN) The online application is fastest and issues the EIN immediately. You’ll need it to open a business bank account, file taxes, and complete almost every other registration on this list.
Carry the Right Insurance
Workers’ Compensation From Your First Employee
Florida treats construction differently from every other industry for workers’ compensation. Most businesses aren’t required to carry coverage until they hit four employees. In construction, which includes painting, the threshold is one.8Florida Legislature. Florida Statutes 440.02 – Definitions Hire one painter, one helper, or one office worker and you need a policy through a private carrier or the state fund.
LLC members who own at least 10% of the company and corporate officers can file for an exemption instead of covering themselves on the policy. The exemption requires Form DWC-250 filed with the Florida Department of Financial Services, and the applicant must appear as an officer in the Division of Corporations records.9Cornell Law Institute. Florida Admin Code 69L-6-012 – Notice of Election to Be Exempt For construction trades, the exemption costs $50 per application and expires after two years.10Florida CFO. Informational Brochure for Employers The electronic certificate typically arrives within 48 hours. Keep the PDF handy; general contractors will ask to see it before letting you on a job site.
General Liability
Workers’ compensation covers your employees when they get hurt. General liability covers damage you cause to someone else’s property or a third party’s injury on the job. Most general contractors and commercial property managers require proof of general liability before signing a subcontract.
Premiums for a small painting operation with a couple of employees generally run $1,500 to $2,000 per year, though the exact figure depends on your revenue, crew size, and claims history. Many carriers bundle general liability with commercial auto and tools coverage into a business owner’s policy at a lower combined rate. Get quotes from at least three carriers; pricing in the painting trades varies widely.
Classify Workers Correctly
This is where new painting businesses often stumble, sometimes without knowing it until an audit shows up. Florida follows federal guidelines on employee versus independent contractor status, and getting it wrong triggers back taxes, penalties, and possible workers’ compensation violations. The IRS looks at three categories of evidence: behavioral control over how the work is done, financial control over things like payment method and tool ownership, and the type of relationship, including ongoing work and benefits.11Internal Revenue Service. Independent Contractor (Self-Employed) or Employee?
If you tell a painter which walls to paint, provide the brushes and ladders, set the hours, and pay by the hour every Friday, that person is almost certainly an employee regardless of what your contract calls them. Misclassifying employees as contractors to dodge workers’ comp premiums and payroll taxes is one of the most common compliance failures in the trade, and Florida actively audits construction businesses for it.
EPA Lead-Safe Certification for Pre-1978 Properties
Federal law requires any firm that disturbs painted surfaces in housing or child-occupied facilities built before 1978 to be Lead-Safe Certified under the EPA’s Renovation, Repair, and Painting Rule. Florida does not run its own program, so the federal rules apply directly. That covers a large share of the work in older neighborhoods in cities like Jacksonville, Tampa, and Miami.
Certification runs at two levels. The firm applies to the EPA and receives a firm certification, which costs $300 and lasts five years.12US EPA. Renovation, Repair and Painting Program – Firm Certification Apply for recertification at least 90 days before expiration to avoid a lapse. Separately, at least one person on every pre-1978 job must be an EPA-certified renovator, which requires an eight-hour training course (typically around $275 from accredited providers). Every other worker on that job must be trained by the certified renovator and work under their direct supervision.
The firm is also responsible for distributing the EPA’s lead hazard pamphlet to occupants before work begins and keeping compliance records for three years after each renovation.13U.S. Environmental Protection Agency (EPA). What Records Will My Firm Be Required to Keep to Comply with the Renovation, Repair, and Painting Rule Penalties for violating the RRP rule can reach $22,263 per violation per day, adjusted for inflation.14eCFR. Statutory Civil Monetary Penalties, as Adjusted for Inflation, and Tables A single job done without proper certification and lead-safe work practices can produce a fine that wipes out months of profit.
Florida Tax Obligations
Sales Tax Depends on How You Write the Contract
Whether you charge sales tax on a painting job comes down to contract structure. Under a standard lump-sum or time-and-materials contract for improvements to real property, which covers most residential and commercial painting, you are the final consumer of the materials. You pay sales tax to your supplier when buying paint, and you do not charge the customer any sales tax.15Florida Department of Revenue. Sales and Use Tax on Construction, Improvements, Installations and Repairs
The exception is a “retail sale plus installation” contract, where materials are itemized and priced separately from labor and the customer takes title to the materials on delivery. In that setup you buy the materials tax-exempt for resale and charge the customer sales tax on the materials only.15Florida Department of Revenue. Sales and Use Tax on Construction, Improvements, Installations and Repairs Fabrication labor at the job site is always exempt. If you sell any taxable goods or services, register as a sales and use tax dealer with the Florida Department of Revenue before you start.16Florida Dept. of Revenue. Account Management and Registration
Reemployment Tax
Once you have employees, you become liable for Florida’s reemployment tax, the state’s version of unemployment insurance. New employers start at 2.7% on the first $7,000 of each employee’s annual wages. You report and pay quarterly on Form RT-6 through the Department of Revenue’s online system.17Florida Department of Revenue. Reemployment Tax Report and Payment Information Quarterly returns are due by the last day of the month following the end of each quarter. After you build a payment history, the rate adjusts based on your experience, so keeping turnover low reduces the cost over time.
Local Business Tax Receipt
State registration doesn’t fully authorize you to operate in a specific city or county. Most Florida municipalities require a Local Business Tax Receipt (formerly the occupational license) from the local tax collector where the business sits. Fees vary by jurisdiction and often fall between $30 and $150 depending on location and employee count. You’ll usually need your Sunbiz documents and EIN to apply.
On licensing, Florida statute prevents local governments from requiring a contractor’s license for painting as a condition of pulling a permit.18Florida Legislature. Florida Statutes Chapter 489 – Contracting Specialized categories like painting and waterproofing above three stories can still trigger a local competency certificate. Miami-Dade County, for example, maintains a separate certification for painting and waterproofing contractors that involves a trade exam, proof of liability insurance, and three years of experience.19Miami-Dade County. Building Specialty Licenses If you plan to work across multiple counties, check each jurisdiction before you show up with a crew.
Annual Filings That Keep You Legal
Registering is only the start. Every Florida LLC and corporation must file an annual report through Sunbiz. For an LLC the fee is $138.75.3Division of Corporations – Florida Department of State. LLC Fees If you miss the May 1 deadline, a $400 late fee applies. Miss it entirely past the third Friday in September and the state administratively dissolves the LLC, meaning you lose the liability protection the entity was providing.20Division of Corporations – Florida Department of State. File Annual Report
Recurring deadlines to keep on your calendar:
- Workers’ compensation exemption: renew every two years through the Department of Financial Services ($50 per application).
- EPA firm certification: renew every five years, applying at least 90 days before expiration ($300).
- Reemployment tax returns: file Form RT-6 quarterly, due by the last day of the month after each quarter ends.
- Local business tax receipt: renew annually through your county tax collector.
Missing any of these does more than generate a fine. A lapsed workers’ comp exemption can trigger a stop-work order if a state compliance officer visits a job site. A dissolved LLC exposes your personal assets to every claim that arises while the entity is inactive. Calendar reminders well ahead of each date are the cheapest insurance a painting business can carry.