What code 5509 covers
Typical duties
- Mowing and trimming medians, shoulders and interchange slopes
- Planting trees, shrubs and sod on the right-of-way, with the leveling before planting
- Spraying hydromulch along roadsides and embankments from a truck-mounted unit
- Installing and replacing guardrails, attenuators, metal signs and light poles
- Sawing and resealing joints in concrete streets and runways
- Painting marking stripes at airports
- Clearing brush and cleaning culverts along county roads
Operations included
- Laying out grounds before planting, including incidental leveling or grading
- Planting on the right-of-way and weed or grass cutting
- Repair or maintenance of culverts, road marking, dust laying and brush removal
- Erection or removal of road markers, signs or guardrails
- Hydromulching, guardrail, handrail, sign, light pole and attenuator installation by contractors
- Creating and resealing pavement joints
What code 5509 does not cover
- Clearing right-of-way, and excavation, filling or grading for a roadbed: Code 5507
- Paving, repaving, surfacing, resurfacing or scraping streets: Code 5506
- Rock excavation on road jobs: Code 5508
- Building or rebuilding the roadbed, its base or foundation, or widening or relocating it: the road construction codes
Code 5509 rate and cost context
5509 was $9.03 on the 2022 FWCJUA table and is $5.941 for 2026. It is still higher than the paving code, 5506, and the subsurface code, 5507, so a maintenance contractor who also takes on construction work should not assume 5509 is the cheaper choice.
Florida’s phraseology lists the projects that cannot be 5509. Any job that involves clearing, roadbed excavation or grading, base work, widening or paving goes to 5506, 5507 or 5508 instead.
| Year | Rate per $100 |
|---|---|
| 2022 | $9.03 |
| 2023 | $8.51 |
| 2024 | $7.53 |
| 2025 | $6.87 |
| 2026 | $5.941 |
If you are placed in the FWCJUA
Florida’s residual market charges the voluntary rate plus a surcharge on the voluntary premium: 93% in Tier 1 and 183% in Tiers 2 and 3 for 2026. On this code that works out to about $11.47 (Tier 1) or $16.81 (Tiers 2–3) per $100 of payroll before any experience mod.
Example: estimating code 5509 premium
A right-of-way maintenance contractor with mowing, planting and guardrail crews reports this payroll in 5509.
| Annual payroll in this code | $330,000 |
| Voluntary-market premium (rate × payroll ÷ 100) | $19,605 |
| FWCJUA Tier 1 (with 93% surcharge) | $37,838 |
| FWCJUA Tiers 2–3 (with 183% surcharge) | $55,483 |
Example only. Assumes no experience modification, schedule credits, expense constant or taxes. Minimum premium applies if the result is lower ($754 / FWCJUA $2,900).
Misclassification pitfalls for code 5509
Using 5509 for paving or patching contracts
The Florida phraseology bars 5509 from projects that include paving, repaving, surfacing or resurfacing. A crew that patches and overlays roads is a 5506 crew, even if the contract is called maintenance.
Writing roadside mowing as landscaping
Mowing and planting on a public right-of-way under a road maintenance contract is described by 5509, not by the landscape gardening code. Underwriters look at who the work is for and where it is done.
Guardrail installers on the wrong code
NCCI’s Florida scope places contractors who install guardrails, handrails on pedestrian bridges, metal signs, light poles and attenuators in 5509. Putting them in an iron or fence code can mean the wrong rate.
Day labor on DOT maintenance contracts
Mowing and litter crews are often staffed through day labor. If the labor provider has no coverage, section 440.10 makes the contractor responsible for those workers.
Codes that sit next to 5509
- Code 5506: for street or road paving or repaving, including resurfacing.
- Code 5507: for street or road subsurface work: clearing, excavation, filling and grading.
- Code 5508: for rock excavation on street or road jobs.
- Code 0042: for landscape gardening on private property, the Florida landscape code.
- Code 9402: for street cleaning.
Payroll and audit notes for code 5509
Payroll in 5509 includes mower and tractor operators, planting crews, guardrail and sign installers, joint-sealing crews and drivers.
If a contract mixes maintenance with construction, keep the hours by task. The construction hours go to 5506, 5507 or 5508.
Keep certificates from every sub and labor provider on the contract.
Who usually reports code 5509
- Roadside mowing and right-of-way maintenance contractors
- Highway beautification and landscaping contractors
- Guardrail, sign and attenuator installers
- Pavement joint sealing contractors
- Hydromulching and erosion-control seeding contractors
Code 5509 questions
What is class code 5509 in Florida?
It is street or road maintenance or beautification and drivers, with no construction. Florida’s 2026 rate is $5.941 per $100 of payroll.
Is road paving 5509?
No. Florida’s phraseology sends paving, repaving and resurfacing to 5506, and grading or excavation to 5507 or 5508.
Does 5509 cover guardrail installation?
Yes. The NCCI scope for Florida includes contractors who install guardrails, handrails on pedestrian bridges, signs, light poles and attenuators.
Is roadside mowing landscaping or 5509?
Mowing and planting on a street or road right-of-way under a maintenance contract is 5509.
What is the minimum premium for 5509?
For 2026 it is $754 in the voluntary market and $2,900 in the FWCJUA.
Sources
- NCCI: Summary of the Florida Workers Compensation Rate Filing Recommendation Effective January 1, 2026
- Florida Office of Insurance Regulation: Commissioner approves 6.9% workers’ compensation rate decrease effective January 1, 2026 (Nov. 17, 2025)
- Florida Workers’ Compensation Joint Underwriting Association (FWCJUA): Rates (2022–2026 rate tables and minimum premiums)
- FWCJUA: Bulletins (Bulletin 25-9: 2026 Tier 1, 2 and 3 surcharges)
- NCCI Scopes Manual: State Special Scopes, Code 5509 (FL: Street or Road Maintenance or Beautification & Drivers)
- Florida Administrative Code: Rule 69L-6.021 — Construction Industry Classification Codes, Descriptions, and Operations Scope of Exemption
- Florida Statutes: Section 440.10 — Liability for compensation (contractors and subcontractors)
Facts checked October 19, 2026.