A Florida workers comp exemption lets certain business owners legally go without workers’ compensation coverage on themselves — Non-construction: corporate officers listed in the Florida Department of State (Sunbiz) records of an active corporation, and LLC members who own at least 10 percent of an active Florida LLC. No more than 10 members of one LLC may elect exemption.
Sole proprietors and partners outside construction are generally not counted as employees unless they choose coverage, so they do not need an exemption. Construction: only corporate officers or LLC members who own at least 10 percent of an active corporation or LLC. No more than 3 officers or members per corporation or affiliated group may be exempt. Construction sole proprietors and partners cannot get an exemption.
Confirm with the Florida Division of Workers’ Compensation. — while the law still requires coverage for employees once a business has 4 for non-construction employers (full-time and part-time counted together); 1 for construction employers; agricultural employers are covered at 6 regular employees, or 12 or more other (seasonal) employees at one time (Fla. Stat. §440.02(17)(b)). Separately, a Florida owner or officer may elect to exclude themselves (see who_may_exempt). or more.
This guide explains who qualifies for the Florida workers comp exemption, the exact form, where to file it, what it costs, and what an exempt owner gives up. Verified against Florida sources as of October 2026.
Florida at a Glance
| Coverage required at | 4 for non-construction employers (full-time and part-time counted together); 1 for construction employers; agricultural employers are covered at 6 regular employees, or 12 or more other (seasonal) employees at one time (Fla. Stat. §440.02(17)(b)). Separately, a Florida owner or officer may elect to exclude themselves (see who_may_exempt). employee(s) |
| Who may elect out | Non-construction: corporate officers listed in the Florida Department of State (Sunbiz) records of an active corporation, and LLC members who own at least 10 percent of an active Florida LLC. No more than 10 members of one LLC may elect exemption. Sole proprietors and partners outside construction are generally not counted as employees unless they choose coverage, so they do not need an exemption. Construction: only corporate officers or LLC members who own at least 10 percent of an active corporation or LLC. No more than 3 officers or members per corporation or affiliated group may be exempt. Construction sole proprietors and partners cannot get an exemption. Confirm with the Florida Division of Workers’ Compensation. |
| Exemption form | DFS-F2-DWC-250, Notice of Election to Be Exempt (the application for a Certificate of Election to Be Exempt). It is filed through the Division’s online exemption system. |
| Filed with | Florida Department of Financial Services, Division of Workers’ Compensation, through its online exemption application/renewal system: https://www.myfloridacfo.com/division/wc/employer/exemptions. You do not file with an insurer. Questions: Customer Service Unit (850) 413-1609, [email protected]. |
| Filing fee | $50 for construction-industry exemptions; 0 for non-construction exemptions |
| Renewal | A certificate issued on or after January 1, 2013 is valid for 2 years from its effective date, unless it is revoked earlier by the holder or by the Division. It expires at midnight 2 years after issue and must be renewed, using the same DWC-250 online process. The Department sends notice at least 60 days before expiration (§440.05). |
| Penalty for being uninsured | The penalty is 2 times what the employer would have paid in premium at approved manual rates on its payroll for the uncovered periods within the preceding 2-year period, or 1000, whichever is greater. A stop-work order is issued, and running the business in violation of it costs 1000 per day (Fla. Stat. §440.107(7)). Knowingly failing to secure coverage can also be a crime under §440.105. An uninsured employer may lose the exclusive-remedy protection and can be sued by an injured worker (§440.11). |
In This Florida Guide:
Who Qualifies for A Florida Workers Comp Exemption
Non-construction: corporate officers listed in the Florida Department of State (Sunbiz) records of an active corporation, and LLC members who own at least 10 percent of an active Florida LLC. No more than 10 members of one LLC may elect exemption. Sole proprietors and partners outside construction are generally not counted as employees unless they choose coverage, so they do not need an exemption.
Construction: only corporate officers or LLC members who own at least 10 percent of an active corporation or LLC. No more than 3 officers or members per corporation or affiliated group may be exempt. Construction sole proprietors and partners cannot get an exemption. Confirm with the Florida Division of Workers’ Compensation.
A corporate officer may file a Notice of Election to Be Exempt with the Department of Financial Services, Division of Workers’ Compensation (Fla. Stat. §440.05; officer and employee definitions in §440.02(9) and (15)). Non-construction: the officer must be listed on the active corporation’s records with the Florida Department of State.
Construction: the officer must own at least 10 percent of the corporation, and no more than 3 officers per corporation or affiliated group may be exempt. Once approved, the officer is not an “employee” under Chapter 440.
LLC members are treated like corporate officers. A member must own at least 10 percent of an active Florida LLC. Non-construction: no more than 10 members per LLC may be exempt. Construction: no more than 3 members per LLC or affiliated group (§440.02(9), §440.05). Partners and sole proprietors outside construction are generally excluded from “employee” unless they elect coverage. In construction they are treated as employees and cannot exempt.
How to File the Florida Workers Comp Exemption
The form is DFS-F2-DWC-250, Notice of Election to Be Exempt (the application for a Certificate of Election to Be Exempt). It is filed through the Division’s online exemption system.. It is filed with Florida Department of Financial Services, Division of Workers’ Compensation, through its online exemption application/renewal system: https://www.myfloridacfo.com/division/wc/employer/exemptions. You do not file with an insurer. Questions: Customer Service Unit (850) 413-1609, [email protected]..
The fee is $50 for construction-industry exemptions; 0 for non-construction exemptions. Renewal: A certificate issued on or after January 1, 2013 is valid for 2 years from its effective date, unless it is revoked earlier by the holder or by the Division. It expires at midnight 2 years after issue and must be renewed, using the same DWC-250 online process.
The Department sends notice at least 60 days before expiration (§440.05).. Filing on the state’s own site costs nothing beyond any statutory fee — the “exemption filing services” that advertise on this search charge for the same form.
Florida Workers Comp Exemption Rules at a Glance
The exact Florida workers comp exemption rules every owner should check before deciding to go without coverage:
| Employee threshold | 4 for non-construction employers (full-time and part-time counted together); 1 for construction employers; agricultural employers are covered at 6 regular employees, or 12 or more other (seasonal) employees at one time (Fla. Stat. §440.02(17)(b)). Separately, a Florida owner or officer may elect to exclude themselves (see who_may_exempt). |
| Who may elect out | Non-construction: corporate officers listed in the Florida Department of State (Sunbiz) records of an active corporation, and LLC members who own at least 10 percent of an active Florida LLC. No more than 10 members of one LLC may elect exemption. Sole proprietors and partners outside construction are generally not counted as employees unless they choose coverage, so they do not need an exemption. Construction: only corporate officers or LLC members who own at least 10 percent of an active corporation or LLC. No more than 3 officers or members per corporation or affiliated group may be exempt. Construction sole proprietors and partners cannot get an exemption. Confirm with the Florida Division of Workers’ Compensation. |
| Corporate officers | A corporate officer may file a Notice of Election to Be Exempt with the Department of Financial Services, Division of Workers’ Compensation (Fla. Stat. §440.05; officer and employee definitions in §440.02(9) and (15)). Non-construction: the officer must be listed on the active corporation’s records with the Florida Department of State. Construction: the officer must own at least 10 percent of the corporation, and no more than 3 officers per corporation or affiliated group may be exempt. Once approved, the officer is not an “employee” under Chapter 440. |
| LLC members and partners | LLC members are treated like corporate officers. A member must own at least 10 percent of an active Florida LLC. Non-construction: no more than 10 members per LLC may be exempt. Construction: no more than 3 members per LLC or affiliated group (§440.02(9), §440.05). Partners and sole proprietors outside construction are generally excluded from “employee” unless they elect coverage. In construction they are treated as employees and cannot exempt. |
| Workers exempt by law | Domestic servants in private homes. Agricultural labor below the farm threshold (5 or fewer regular employees and fewer than 12 other employees at one time for seasonal labor finished in under 30 days, with that seasonal work not exceeding 45 days in the calendar year). Casual labor, meaning work finished in 10 working days or less with total labor cost under 500, when it is not in the course of the employer’s business. Real estate licensees paid only by commission. Bona fide independent contractors who meet the §440.02(15)(d) tests. Volunteers, under the conditions in §440.02. Thresholds and definitions are in Fla. Stat. §440.02(5), (15) and (17). Confirm specifics with the Division. |
| Form | DFS-F2-DWC-250, Notice of Election to Be Exempt (the application for a Certificate of Election to Be Exempt). It is filed through the Division’s online exemption system. |
| Where to file | Florida Department of Financial Services, Division of Workers’ Compensation, through its online exemption application/renewal system: https://www.myfloridacfo.com/division/wc/employer/exemptions. You do not file with an insurer. Questions: Customer Service Unit (850) 413-1609, [email protected]. |
| Fee | $50 for construction-industry exemptions; 0 for non-construction exemptions |
| Renewal | A certificate issued on or after January 1, 2013 is valid for 2 years from its effective date, unless it is revoked earlier by the holder or by the Division. It expires at midnight 2 years after issue and must be renewed, using the same DWC-250 online process. The Department sends notice at least 60 days before expiration (§440.05). |
| Proof of exemption or coverage | A certificate of insurance from the employer’s carrier, or the Division-issued Certificate of Election to Be Exempt for each exempt officer or member. Contractors and clients can check the Division’s public “Proof of Coverage” and exemption search (DWC data portal, linked from https://www.myfloridacfo.com/division/wc/). Exemption certificates are personal to the named officer or member and do not cover workers. |
What A Florida Workers Comp Exemption Gives Up
An exempt owner who is hurt on the job in Florida has no workers’ comp claim: no medical coverage from the policy, no wage replacement and no disability award. Health insurance may exclude work injuries. Most owners who physically work the job keep themselves covered for that reason.
One honest paragraph on the “ghost policy”: a minimum-premium policy with no employees sold to owners who need a certificate of insurance. It is legal in many states, but it is not a Florida workers comp exemption — it is coverage with nobody on it. If you add a worker, it must be reported, or the audit will find them.
Workers Exempt by Law in Florida
Domestic servants in private homes. Agricultural labor below the farm threshold (5 or fewer regular employees and fewer than 12 other employees at one time for seasonal labor finished in under 30 days, with that seasonal work not exceeding 45 days in the calendar year).
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Casual labor, meaning work finished in 10 working days or less with total labor cost under 500, when it is not in the course of the employer’s business. Real estate licensees paid only by commission. Bona fide independent contractors who meet the §440.02(15)(d) tests. Volunteers, under the conditions in §440.02. Thresholds and definitions are in Fla. Stat. §440.02(5), (15) and (17). Confirm specifics with the Division.
Proving A Florida Workers Comp Exemption or Coverage
A certificate of insurance from the employer’s carrier, or the Division-issued Certificate of Election to Be Exempt for each exempt officer or member. Contractors and clients can check the Division’s public “Proof of Coverage” and exemption search (DWC data portal, linked from https://www.myfloridacfo.com/division/wc/). Exemption certificates are personal to the named officer or member and do not cover workers.
Why the Florida Workers Comp Exemption Matters
The Florida workers comp exemption is a trade: lower cost today against no safety net if you are hurt. The second half of the trade is the one the search results never lead with. Florida’s rules differ by industry. Construction requires coverage at 1 employee, charges a 50 fee, limits exemptions to 3 officers or members owning at least 10 percent, and bars sole proprietors and partners from exempting.
Non-construction requires coverage at 4 employees, charges no fee, and allows up to 10 LLC members. To qualify, the corporation or LLC must be active with the Florida Department of State, Division of Corporations (Sunbiz). Many claimants and business owners should confirm their own eligibility with the Florida Division of Workers’ Compensation and a licensed Florida attorney.
If the Florida workers comp exemption rules above leave any doubt about whether a worker counts, ask the state agency before you decide — the answer is free, and the penalty for guessing wrong is not.
Employer side: the Florida requirements guide covers the threshold, who counts and the penalties in full. Hurt while exempt? You may still have a claim against a third party — a licensed attorney can say.
Frequently Asked Questions
Who can file a workers comp exemption in Florida?
Non-construction: corporate officers listed in the Florida Department of State (Sunbiz) records of an active corporation, and LLC members who own at least 10 percent of an active Florida LLC. No more than 10 members of one LLC may elect exemption. Sole proprietors and partners outside construction are generally not counted as employees unless they choose coverage, so they do not need an exemption.
Construction: only corporate officers or LLC members who own at least 10 percent of an active corporation or LLC. No more than 3 officers or members per corporation or affiliated group may be exempt. Construction sole proprietors and partners cannot get an exemption. Confirm with the Florida Division of Workers’ Compensation.
What form is the Florida workers comp exemption?
DFS-F2-DWC-250, Notice of Election to Be Exempt (the application for a Certificate of Election to Be Exempt). It is filed through the Division’s online exemption system.. File it on the state’s own site; filing services charge for the same form.
Can an exempt owner in Florida still collect benefits if hurt?
No. An exemption removes the owner from coverage, so there is no claim for medical care or lost wages. That is the trade.
Official Florida Sources & Resources
- Florida Florida Department of Financial Services, Division of Workers’ Compensation: https://www.myfloridacfo.com/division/wc/
- Florida Workers’ Comp Statute: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/Sections/0440.05.html
- U.S. Department of Labor — Workers’ Comp: dol.gov
- Insurance Information Institute: iii.org
This Florida workers comp exemption guide was last verified against official Florida sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
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Disclaimer: This guide is informational only and is not legal, medical, or financial advice. Workers Comp Explained is an independent educational resource, not a law firm or insurer. Workers’ comp benefits, settlement values, deadlines, and requirements vary by state and by the specific facts of your injury and change over time, and any settlement figures here are illustrative only.
Confirm your rights and any deadline with your state’s workers’ compensation board and a licensed attorney before you act.