By Adrian Middleton, Sword & Shield, PLLC · Updated Monday, October 19, 2026
Subsection by subsection
| Subsection | What it says |
|---|---|
| (1) | A corporate officer who elects not to be covered, or who revokes that election, must notify the Department on its form |
| (2) | A sole proprietor or partner who elects to be included as an employee, or revokes that election, must notify the Department |
| (3) | The notice is filed electronically by the officer and must include name, date of birth, driver license or ID number, all Chapter 489 licenses, the Sunbiz registration number, ownership percentage and each employer's FEIN; it must state the officer is not entitled to benefits and is within the s. 440.02 officer limits, and certify that the company's employees are covered and that the officer completed the Division's online tutorial. The Department issues the certificate on receipt of the notice and fee unless the information is invalid, and must revoke it if the person no longer qualifies. A new certificate is required for each corporation |
| (4) | The notice carries a fraud warning; false or misleading information filed with intent to injure, defraud or deceive is a third-degree felony; the officer must personally sign; the certificate states it is not a DBPR license |
| (5) | The notice is effective when issued or 30 days after the Department receives it, whichever is first, with a narrow exception for an accident within 30 days of a new policy |
| (6) | A certificate is valid for 2 years from its effective date and expires at midnight 2 years after issuance; the Department sends notice at least 60 days before expiration |
| (7) | A contractor may register subcontractors with the carrier and receive notice of cancellation or non-renewal |
| (8) | $50 fee for each construction industry certificate request and renewal; revenue funds administration, audits and enforcement |
| (9) | Rulemaking authority for forms and procedures |
| (10) | The officer must be listed as an officer in the Division of Corporations records |
| (11) | A certificate applies only to the officer named |
| (12) | Subject to revocation if the person no longer meets the requirements; the Department must revoke at any time for noncompliance |
| (13) | An exempt officer cannot recover benefits; carriers may not count a validly exempt officer when setting premium |
| (14) | An officer is ineligible if an affiliated person (spouse, 10% owner, controlling person, successor, officer, or anyone sharing an officer, director, partner or joint venturer) is delinquent on a stop-work order penalty or court-ordered debt |
What it means in practice
The statute makes the exemption personal, entity-specific, time-limited and conditional. Personal: it names one officer (11). Entity-specific: a new certificate for each corporation (3). Time-limited: two years (6). Conditional: on Sunbiz listing (10), on continued qualification (12), and on nobody affiliated owing a penalty (14). The exemption hub walks through who qualifies, how to file, cost and renewal and how certificates fail during a stop-work order.
The certification nobody reads
Subsection (3) requires the officer to certify that the company's employees are covered. An officer who certifies that with uninsured workers on the payroll has made a false statement on a form that subsection (4) makes a felony to falsify.
Read the official text of s. 440.05, Fla. Stat. This page explains the statute; it does not reproduce it. Quote the statute.
Questions
Does 440.05 set a fee for non-construction exemptions?+
No. Subsection (8)(a) charges $50 for construction industry certificates and renewals only.
Can the Department revoke my exemption without telling me?+
Subsection (12) requires revocation when the person no longer qualifies. Revocation is agency action with Chapter 120 rights, but the practical answer is to verify the certificate on the Division's database periodically and after any Sunbiz change.
What counts as an affiliated person under 440.05(14)?+
A spouse; anyone owning 10 percent or more of the other person; a controlling person; an acquirer of substantially all assets; an officer or manager of the other person; and anyone who shares an officer, director, trustee, partner or joint venturer with it.