Worker’s Comp. Exemption

ELIGIBILITY REQUIREMENTS AND INFORMATION

An individual who meets the eligibility requirements to obtain an exemption pursuant to s. 440.05, F.S., may elect an exemption from the coverage requirements of Chapter 440, F.S. Once an exemption is obtained, the exempted individual may not receive workers’ compensation benefits when he/she sustains a work-related injury.

Certificates of Election to be Exempt shall apply only to the corporate officer named on the Notice of Election to be Exempt and apply only within the scope of the business or trade listed on the Notice of Election to be Exempt.

Exemptions are effective on the date they are issued by the Division.

Construction Industry Exemption Requirements:

  • The corporation must be registered and listed as active with the Florida Department of State, Division of Corporations.
  • The applicant must be listed as an officer of the corporation in the records of the Florida Department of State, Division of Corporations. Members of a limited liability are considered corporate officers (in the construction industry only).
  • The applicant must own at least 10 percent of the stock of the corporation as evidenced by a stock certificate or, in the case of an LLC, a statement attesting to the minimum 10 percent ownership.
  • A $50.00 application fee is required.
  • No more than three officers of a corporation (including LLC) or of any group of affiliated corporations (including LLCs) may elect to be exempt.

**Construction exemptions are valid for a period of 2 years or until a revocation is filed or until revoked by the Division. The original effective and expiration dates are listed on the Certificate of Election to be Exempt, which is mailed to the exempted individual. The exemption information, including effective and expiration dates, can also be found on the Division’s “Proof of Coverage” database, at: www.myfloridacfo.com.

Non-construction Industry Exemption Requirements:

  • The corporation must be registered and listed as active with the Florida Department of State, Division of Corporations.
  • The applicant must be listed as an officer of the corporation in the records of the Florida Department of State, Division of Corporations.
  • There is no limit to the number of corporate officers eligible to obtain an exemption.
  • There is no application fee.

**Non-construction exemptions are valid until a voluntary revocation is filed or the exemption is revoked by the Division.
**Non-construction limited liability insurance company members are not eligible to elect to be exempt from the coverage requirements of Chapter 440, F.S.

Citation: www.myfloridacfo.com