Florida Workers' Compensation Exemption

Florida's construction exemption is not a company waiver. It is an individual Certificate of Election to be Exempt for a qualifying corporate officer or LLC member. That distinction matters because the exemption only removes that officer or member from employee status under the workers' compensation law. It does not cover the business as a whole, and it does not cover employees.

What the application really turns on

• Construction industry only: This page is about the construction exemption path through the Division of Workers' Compensation.
• Ownership threshold: The applicant has to attest to at least 10 percent ownership of the corporation or LLC.
• Active entity records: The company must be active in the Florida Division of Corporations records.
• Officer/member limits: Florida allows no more than three exempt officers or members for the entity or affiliated group.
• Valid ID and online filing: DFS requires the exemption to be applied for or renewed online, and a valid driver's license or Florida identification card is required.
• Tutorial and personal attestation: The exemption filing requires the applicant to complete the online coverage-and-compliance tutorial and personally sign the submission.

Fees, renewal, and what the exemption actually does

• Application and renewal fee: $50 for each construction exemption request.
• Validity period: Construction exemptions are valid for 2 years, with the effective and expiration dates printed on the certificate.
• Issued to the person, not the business: Florida issues the exemption to the individual officer or member, not to the company.
• No benefit coverage for the exempt person: Once issued, the exempt officer or member is not treated as an employee and may not recover workers' compensation benefits.

Where people get this wrong

The exemption does not remove the need for coverage on actual employees. Florida construction employers with one or more employees still have to secure workers' compensation coverage unless every person involved is properly exempt.

What happens if you ignore it

Florida's workers' compensation division actively enforces coverage requirements through job-site inspections and stop-work orders. If the business is operating without required coverage or a valid exemption structure, it can be shut down until it comes into compliance.