By Adrian Middleton, Sword & Shield, PLLC · Updated Monday, October 19, 2026
Before you start: fix Sunbiz first
Section 440.05(10) requires the officer to be listed as an officer in the Division of Corporations records. For an LLC, the member must be shown and must own at least 10 percent (s. 440.02(11)). If the current annual report does not list you, or the entity shows 'INACTIVE' because the report lapsed, the Division will not issue the certificate. File the amendment or reinstatement on Sunbiz and wait for it to post before you apply.
What to have ready
Section 440.05(3) lists what the notice must contain. Gather it before you open the portal:
- Your full legal name, date of birth, and Florida driver license or identification card number.
- Every license or registration you hold under Chapter 489 (contractor licenses), if any.
- The company's Florida Division of Corporations document number from Sunbiz.
- Your percentage of ownership in the company.
- The federal employer identification number (FEIN) of each company the certificate will cover.
- A payment method for the $50 fee if the company is in the construction industry (s. 440.05(8)(a)). There is no statutory fee for a non-construction exemption.
- Proof that the company's employees, if any, are covered: the policy number, or the employee-leasing agreement.
The steps
- 1
Complete the Division's online coverage and compliance tutorial.
Section 440.05(3) requires the officer to certify completion of the Division's online tutorial. It is short. Save the confirmation; the application asks for it.
- 2
Open the exemption portal.
Go to the Division's exemption page at myfloridacfo.com/Division/wc/Employer/Exemptions and choose Construction or Non-Construction. Choose the industry the company actually works in; a roofing LLC is construction even if the owner also does consulting.
- 3
Enter the officer and company information exactly as it appears on Sunbiz and on the driver license.
A middle initial that is on the license but not on Sunbiz is a mismatch. Fix the record, not the application.
- 4
Certify.
You will certify that the company's employees are covered, that you completed the tutorial, that the election stays within the officer limits of section 440.02, and that you have read the fraud warning. Section 440.05(4) makes a false statement a third-degree felony, and the officer must personally sign; nobody can sign for you.
- 5
Pay the fee (construction only).
$50 per request, including each renewal (s. 440.05(8)(a)).
- 6
Wait for issuance, then print and verify.
The certificate is effective when the Division issues it or 30 days after the Division receives the notice, whichever is first (s. 440.05(5)). Verify it on the proof of coverage search and keep a printed copy on every jobsite; contractors who hire you are required to collect it (s. 440.10(1)(c)).
When the certificate takes effect
Not the day you apply. Section 440.05(5) makes the notice effective when the Division issues the certificate or 30 days after receipt, whichever comes first. There is one narrow exception for an accident within 30 days after a new policy's effective date. Payroll to the officer before the effective date is uninsured payroll if the company has no policy, and it stays in a stop-work order penalty calculation. Nothing is backdated.
One certificate per company
The certificate lists the company named in the request and applies only to the officer named on it (s. 440.05(11)). If you also work for, or are paid by, a second corporation or LLC, that company needs its own certificate (s. 440.05(3)). The most common jobsite failure is an officer with a valid certificate for Smith Roofing, Inc. being paid by Smith Roofing, LLC.
Renewal
The certificate is valid for two years from its effective date and expires at midnight two years after issuance (s. 440.05(6)). The Division sends an expiration notice at least 60 days beforehand to the address and email on file. Renew before expiration; a gap of even a week is uninsured payroll for that week. See cost, renewal and expiration.
If the company has employees
An exemption does nothing for them. A company with any employee in construction, or four or more outside construction, must have a policy, a Florida-endorsed policy, or an employee-leasing arrangement covering those workers before the exempt officer's own exposure matters. The application makes you certify that they are covered.
Have us file it
Sword & Shield confirms eligibility against Sunbiz and the three-officer limit, prepares the notice, files it with the officer's signature, verifies issuance, and calendars the renewal so it never lapses. Flat fee per officer. See the exemption filing service.
Questions
How long does a Florida workers' comp exemption take to process?+
The statute caps it: the notice is effective when issued or 30 days after the Division receives it, whichever is first (s. 440.05(5)). Clean applications matching Sunbiz are often issued much sooner. Applications with a Sunbiz mismatch are not issued at all until the record is fixed.
Can I file the exemption for my business partner?+
No. Section 440.05(4) requires the officer to personally sign and attest, and the Division's page warns that anyone else signing may be guilty of a third-degree felony. Each officer files their own.
Where do I find my Sunbiz document number?+
Search the company on dos.fl.gov/sunbiz. The document number is on the entity's detail page, along with the officer and manager list the Division will check against.
Is there a fee for a non-construction exemption?+
Section 440.05(8)(a) sets the $50 fee for construction industry certificates and renewals only. The statute sets no fee for non-construction.