Florida Workers Comp Exemption
A Florida workers comp exemption lets a business owner who is a corporate officer or LLC member opt out of workers comp for themselves. It covers only you. It does not cover your workers, and it is not a contractor license. Here is who qualifies, how to apply and how long it lasts.
Facts checked Oct. 21, 2026 against Florida law and the Division of Workers' Compensation.
What a workers comp exemption is
The Division says an exemption lets a corporate officer or LLC member opt out of workers comp for themselves. It is issued to the person, not the business.
Source: Florida Division of Workers' Compensation, Exemptions; Coverage Requirements , checked Oct. 20, 2026.
Who must have workers comp in Florida
| Type of business | Needs workers comp with |
|---|---|
| Construction | 1 or more employees |
| Other businesses | 4 or more employees |
| Farms | 6 regular employees, or 12 seasonal workers who work more than 30 days in a season |
Source: Florida Division of Workers' Compensation, Coverage Requirements; Florida Statutes, s. 440.02 , checked Oct. 20, 2026.
Owners count too. The Division says an owner who is a corporate officer or LLC member counts as an employee toward those numbers.
Source: Florida Division of Workers' Compensation, Coverage Requirements , checked Oct. 20, 2026.
Have employees, or a job that needs a policy?
A licensed, independent Florida insurance agent can get you a workers comp quote.
Construction exemption: who qualifies
The Division says that to get a construction exemption:
- You must be an officer listed with the Florida Department of State.
- Your company must be active.
- You must own at least 10 percent of it.
- No more than 3 officers of one company, or of a group of related companies, may be exempt.
Source: Florida Division of Workers' Compensation, Construction Industry; Florida Statutes, s. 440.02 , checked Oct. 20, 2026.
In construction, Florida law counts a sole proprietor or a partner as an employee. So they cannot opt out. Only corporate officers and LLC members can get one, the Division says.
Source: Florida Statutes, s. 440.02; Florida Division of Workers' Compensation, Exemptions , checked Oct. 20, 2026.
The Division says you cannot get an exemption if you are tied to an active stop work order. In construction, you also cannot get one if you are tied to a payment that bounced.
Source: Florida Division of Workers' Compensation, Construction Industry , checked Oct. 20, 2026.
Non construction exemption: who qualifies
The Division says a corporate officer listed with the Florida Department of State, with an active company, may apply. An LLC member must own at least 10 percent of the LLC. No more than 10 members of one LLC may be exempt.
Source: Florida Division of Workers' Compensation, Non Construction Industry; Florida Statutes, s. 440.02 , checked Oct. 20, 2026.
Outside construction, the Division says a sole proprietor or partner is not an employee. That changes if they choose to be on the business's policy. They use form DWC 251 for that.
Source: Florida Division of Workers' Compensation, Coverage Requirements , checked Oct. 20, 2026.
The Division says you cannot get an exemption if you are tied to an active stop work order.
Source: Florida Division of Workers' Compensation, Non Construction Industry , checked Oct. 20, 2026.
How to apply or renew
We do not file exemptions. You apply on the Division's site.
The Division says you apply or renew online. These are the steps:
- Check that you qualify, using the lists above.
- Have a valid state driver license ready. It can be expired no more than 30 days.
- Apply on the state's site, in the Division's Notice of Election to be Exempt system.
- Pay the $50 fee if it is for construction. The Division's page for other businesses lists no fee.
- File and sign it yourself. The officer has to do it, not someone else.
Source: Florida Division of Workers' Compensation, Non Construction Industry; Construction Industry; Florida Statutes, s. 440.05(3), (4) and (8)(a) , checked Oct. 20, 2026.
Questions about exemptions go to the Division at this state number.
Source: Florida Division of Workers' Compensation, Non Construction Industry , checked Oct. 20, 2026.
How long it lasts
Florida law says an exemption is good for 2 years from the date on it. The Division must send a notice at least 60 days before it ends.
Source: Florida Statutes, s. 440.05(6) , checked Oct. 20, 2026.
Did you start work for a new company that is not on your certificate? Florida law says you then need a new one.
Source: Florida Statutes, s. 440.05(3) , checked Oct. 20, 2026.
Florida law says the Division must take back, or revoke, an exemption if you no longer qualify. The same goes if the facts on it are not valid.
Source: Florida Statutes, s. 440.05(3) , checked Oct. 20, 2026.
What an exemption does not cover
Say you hold an exemption and get hurt on the job. The Division says you cannot collect workers comp benefits.
Source: Florida Division of Workers' Compensation, Important Workers' Compensation Information for Contractors; Florida Statutes, s. 440.05(13) , checked Oct. 20, 2026.
Florida law says an exemption covers only the officer named on it. Your employees still count. You still need a policy if you meet the numbers above.
Source: Florida Statutes, s. 440.05(11); Division of Workers' Compensation, Coverage Requirements , checked Oct. 20, 2026.
An exemption is not a contractor license. Each certificate says so. It says it is not a license from the Department of Business and Professional Regulation.
Source: Florida Statutes, s. 440.05(4); Florida Administrative Code, Rule 69L-6.032(4) , checked Oct. 20, 2026.
Florida law says carriers may not count an officer with a valid exemption as an employee. So the officer is not counted when the carrier figures your premium. See what a workers comp audit checks.
Source: Florida Statutes, s. 440.05(13) , checked Oct. 20, 2026.
Look up an exemption
Florida law says a contractor must get a copy of an exempt sub's certificate. The state rule says the work dates must fall inside the dates on the certificate. The officer's work must also match the industry listed on it.
Source: Florida Statutes, s. 440.10(1)(c); Florida Administrative Code, Rule 69L-6.032(4) , checked Oct. 20, 2026.
The Division keeps a public database of exemptions. The state rule says a contractor may keep a screen print from the Division's exemption search in place of a copy of the certificate. Start at the Division's search page, on the state's site.
Source: Florida Administrative Code, Rule 69L-6.032(4); Florida Division of Workers' Compensation, Bureau of Compliance , checked Oct. 20, 2026.
Want to check a sub's workers comp policy instead? See how to check a certificate of insurance.
Workers comp for your employees
If you have employees, you still need a workers comp policy for them. See what a workers comp audit checks.
These companies on our list sell workers comp in Florida, going by their own sites:
- SummitSells workers' comp. Source: Summit's site , checked Oct. 20, 2026.
See all of the ones we track on our list of Florida commercial insurance companies.
What if no company will sell me workers comp?
If no company will sell you workers comp, Florida has a plan of last resort. It is called the Florida Workers' Compensation Joint Underwriting Association, or FWCJUA. State law set it up as a nonprofit.
Source: Florida Statutes, s. 627.311(5)(a) , checked Oct. 21, 2026.
To get in, two insurers must have turned you down in the last 60 days. They must not share an owner, and both must cover your type of work.
Source: FWCJUA, Coverage Eligibility , checked Oct. 21, 2026.
You must apply through a Florida licensed insurance agent. You pay nothing when you apply. If you get in, your agent sends the payment.
Source: FWCJUA, Apply for Coverage , checked Oct. 21, 2026.
It costs a lot more than a normal policy. Since January 1, 2025, rates are 1.81 times normal rates if you have a good claims record. They are 2.66 times for everyone else. Each policy also has a $475 fee.
Source: Florida OIR, 2025 Workers' Compensation Annual Report, page 24 , checked Oct. 21, 2026.
Some policies, in what the state calls Tier 3, can get a bill later. That happens if what they paid does not cover claims and costs.
Source: Florida OIR, 2025 Workers' Compensation Annual Report, page 24 , checked Oct. 21, 2026.
Few employers end up there. In 2024, 361 Florida employers had a policy with it. That was under 0.3 percent of Florida workers comp premium.
Source: Florida OIR, 2025 Workers' Compensation Annual Report, page 23 , checked Oct. 21, 2026.
Travelers handles FWCJUA policies and claims. To report an injury or check a claim, call this line.
Source: FWCJUA, Contact Us , checked Oct. 21, 2026.
For bills and policy questions, call this line.
Source: FWCJUA, Contact Us , checked Oct. 21, 2026.
Questions people ask about the Florida workers comp exemption
Who can get a workers comp exemption in Florida?Corporate officers and LLC members, for themselves only.
In construction, you must own at least 10 percent of the company, and no more than 3 officers may be exempt. Outside construction, an LLC member must own at least 10 percent.
Source: Florida Division of Workers' Compensation, Construction Industry; Non Construction Industry, checked Oct. 20, 2026.
How much does a Florida workers comp exemption cost?Florida law sets a $50 fee for a construction exemption.
The Division's page for other businesses lists no fee.
Source: Florida Statutes, s. 440.05(8)(a); Florida Division of Workers' Compensation, Construction Industry, checked Oct. 20, 2026.
How long is a Florida workers comp exemption good for?Florida law says it is good for 2 years from the date on it.
The Division must send a notice at least 60 days before it ends.
Source: Florida Statutes, s. 440.05(6), checked Oct. 20, 2026.
How do I renew my exemption?Renew online in the Division's Notice of Election to be Exempt system, the same way you apply.
You need a valid state driver license, and you must file and sign it yourself. Look for the notice the Division sends at least 60 days before it ends.
Source: Florida Division of Workers' Compensation, Non Construction Industry; Florida Statutes, s. 440.05(6), checked Oct. 20, 2026.
Does my exemption cover my employees?No.
Florida law says it covers only the officer named on it. Your employees still count, and you still need a policy if you have enough of them.
Source: Florida Statutes, s. 440.05(11), checked Oct. 20, 2026.
Can a sole proprietor get a construction exemption?No.
In construction, Florida law counts a sole proprietor or a partner as an employee. So they cannot opt out. Only corporate officers and LLC members can get one, the Division says.
Source: Florida Statutes, s. 440.02; Florida Division of Workers' Compensation, Exemptions, checked Oct. 20, 2026.
I work alone and not in construction. Do I need workers comp?Outside construction, Florida requires it once you have 4 or more employees.
A sole proprietor or partner does not count as one. You can choose to be on a policy with form DWC 251. A corporate officer or LLC member does count, but can file for an exemption for themselves.
Source: Florida Division of Workers' Compensation, Coverage Requirements; Florida Division of Workers' Compensation, Exemptions, checked Oct. 20, 2026.
Is a workers comp exemption the same as a contractor license?No.
An exemption is not a license. Each certificate says so. It says it is not a license from the Department of Business and Professional Regulation.
Source: Florida Statutes, s. 440.05(4), checked Oct. 20, 2026.
How do I look up someone's exemption?Use the Division's exemption search, from their search page on the state's site.
The state rule says a contractor may keep a screen print from that search in place of a copy of the certificate.
Source: Florida Administrative Code, Rule 69L-6.032(4), checked Oct. 20, 2026.
How do I check if a Florida business has workers comp?The state keeps a database of workers comp policies.
Insurers must send it each new policy within 21 days. They must also tell it when a policy is canceled or ends. You can search it from the Division of Workers' Compensation search page.
Source: Florida Statutes, s. 440.185(6); Florida Division of Workers' Compensation, Bureau of Compliance, checked Oct. 21, 2026.
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