Many owners think you need a big team to get a group health plan. In Florida, you don't. The small group market is built for businesses with 1 to 50 workers.
This guide covers the headcount rules, how a one-employee group works, and what carriers look at before they accept a group. For setup steps, see our guide on how to offer health insurance to employees.
Florida's small employer rule: 1 to 50
Florida's small group law is Fla. Stat. 627.6699. For most plans sold today (non-grandfathered plans), a small employer is a business that:
- Has its main place of business in Florida.
- Had an average of at least 1 but not more than 50 employees on business days last year.
- Has at least 1 employee on the first day of the plan year.
The federal rule, 45 CFR 144.103, uses the same 1 to 50 range. If your business is new, the count is based on how many workers you expect to have this year.
Florida says "employee" and "employer" have the same meaning as in ERISA, the federal benefits law. That detail matters for very small businesses.
Can a one-employee business get group health insurance?
Under current law, it can, if that one person is a real employee. Under a federal rule (29 CFR 2510.3-3), the owner and the owner's spouse are not employees of a business they wholly own. Partners and their spouses are not employees of the partnership either.
So a business with only the owner, or only the owner and spouse, generally can't form a group. As of October 23, 2026, the Florida Department of Financial Services says: "Self-employed individuals or family-only businesses will be covered through the individual health insurance market."
Here is how it can look:
- A bakery owner with one full-time baker may form a group. The baker counts. The owner can join the plan too.
- A husband and wife who run a shop with no other staff generally can't form a group. They would look at individual plans.
- An LLC with two partners and no staff generally can't form a group either.
Carriers set their own steps for very small groups. Florida law requires carriers to offer and issue plans to groups with 2 to 50 eligible employees. Whether a carrier accepts a one-employee group may vary by carrier. They may ask for payroll records to show that the worker is on staff. Ask the carrier before you apply.
If it's just you, see our guide to LLC health insurance.
Who counts as an eligible employee
Florida law defines an eligible employee as someone who works full time, with a normal work week of 25 hours or more. It doesn't include part-time, temporary, or substitute workers.
Under Florida law, a small group carrier must offer and issue its small group plans to every eligible small employer with 2 to 50 eligible employees that applies. The employer must agree to pay the premiums and meet the plan's other rules.
Participation and contribution rules
Carriers may ask that a certain share of eligible workers enroll. This is called a participation rule. They may also ask the employer to pay a certain part of the premium. This is a contribution rule. Each carrier sets its own numbers, so ask for them in writing.
Florida law puts limits on these rules:
- A carrier must apply them the same way to all groups of the same size.
- A carrier may change them only by group size.
- Workers who have other employer group coverage aren't counted against you.
- After a carrier accepts you, it can't raise the rules unless your group size changes.
What if you can't meet them? Under federal law (45 CFR 147.104), a carrier may then limit you to a window each year. It runs November 15 to December 15. Outside that window, a group that meets the rules can start coverage any time of year.
What changes at 50 or more
The small group range stops at 50. A business above that is in the large group market.
There is a separate tax rule, too. Under current law, the IRS says an employer with at least 50 full-time employees, counting full-time equivalents, on average last year is an applicable large employer (ALE). An ALE is subject to the employer mandate and must file reports. Under 50, there's no federal rule that you must offer coverage. For more, see do restaurants have to offer health insurance. For tax questions, talk with a tax professional.
Another option at any size
An ICHRA lets an employer of any size repay workers for their own individual plans. See our guide to ICHRA pros and cons.