The exemption in one table
| Question | Answer | Statute |
|---|---|---|
| Who can be exempt | Corporate officers listed on Sunbiz; LLC members owning at least 10% | s. 440.02(11), (18)(b); s. 440.05(10) |
| Construction limit | No more than 3 officers per company or affiliated group, each owning at least 10% | s. 440.02(18)(b)2 |
| Non-construction limit | None, but each must be a listed officer | s. 440.05(10) |
| Who can never be exempt | Employees; construction sole proprietors and partners | s. 440.02(18)(c); s. 440.105(2)(a)1 |
| How to file | Online, personally, with Sunbiz number, FEIN, license number, ownership % and the tutorial certification | s. 440.05(3) |
| Cost | $50 per certificate and per renewal in construction; no statutory fee otherwise | s. 440.05(8)(a) |
| Effective | When issued, or 30 days after the Division receives it, whichever is first | s. 440.05(5) |
| Valid for | 2 years; expiration notice sent at least 60 days before | s. 440.05(6) |
| Covers | Only the officer named, only the company named | s. 440.05(3), (11) |
| Benefits | An exempt officer cannot recover workers' comp benefits | s. 440.05(13) |
| False filing | Third-degree felony | s. 440.05(4) |
Why this matters to a stop-work order
Every exemption on this site is written from the enforcement side. Before practicing law, Adrian Middleton issued stop-work orders for the Division of Workers' Compensation and calculated the penalties that followed, and most of the owners he served believed they were exempt. The certificate was real; it was also expired, or issued to a different entity, or standing next to a helper it never covered. The pages below cover eligibility, filing, cost and renewal, and then the five ways a certificate fails on a jobsite.
The one rule to remember
An exemption removes one person from the definition of employee. It removes nobody else. A construction company with three exempt officers and one paid helper is an uninsured employer, and section 440.107(7)(a) requires the Department to issue a stop-work order within 72 hours of finding that out.
Official links
- Apply for or renew an exemption at the Division of Workers' Compensation.
- Verify any certificate or policy before you rely on it.
- Sunbiz, where the officer listing the exemption depends on lives.
- Section 440.05, Florida Statutes, the exemption statute, and our plain-English explanation.
- Division of Workers' Compensation employer line: (850) 413-1609.
Questions
What is a workers' comp exemption in Florida?+
A Certificate of Election to be Exempt issued by the Division of Workers' Compensation under section 440.05 to a corporate officer or an LLC member owning at least 10 percent. It removes that person from the definition of employee, so no policy is required for them and they cannot claim benefits. It lasts two years and covers only the officer and company named on it.
How much does a Florida workers' comp exemption cost?+
$50 per certificate and per renewal for the construction industry under section 440.05(8)(a). The statute sets no fee for non-construction certificates.
How long does a Florida exemption last?+
Two years from the effective date, expiring at midnight two years after issuance (s. 440.05(6)). The Division sends a renewal notice at least 60 days beforehand.
Can a sole proprietor get a workers' comp exemption in Florida?+
No. Exemptions are for corporate officers and LLC members. Outside construction a sole proprietor is simply not an employee and needs no certificate; in construction a sole proprietor working for a contractor is that contractor's employee unless they carry their own policy, and must incorporate to become exempt.
Does an exemption cover my employees?+
No. It covers only the named officer. Any other paid worker is an employee, and a construction employer with even one must carry coverage.