An individual, as an officer of a corporation, who elects to be exempt may not recover workers’ compensation benefits. Eligibility requirements and documentation which must be submitted with the exemption application are detailed in 440.05 and outlined below
Florida Workers Compensation Exemption Requirements
Non-construction industry corporate officer:
The corporation must be registered with the Florida Department of State, Division of Corporations- 440.05 (11) **.
The applicant must be listed as an officer of the corporation in the records of the Florida Department of State, Division of Corporations- 440.02 (15) (b) (2).
A copy of the relevant occupational license issued in the primary jurisdiction of the business must be provided
There is no limit to the number of corporate officers eligible for exemption
There is no application fee
Construction industry corporate officer, including a member of a limited liability company (LLC) 440.02 (9)
The corporation must be registered with the Florida Department of State, Division of Corporations – 440.05 (11) **.
The applicant must be listed as an officer of the corporation in the records of the Florida Department of State, Division of Corporations – 440.05 (11).
A copy of the relevant occupational license in the primary jurisdiction of the business must be provided – 440.05 (3).
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 notarized statement attesting to the minimum 10 percent ownership – 440.02 (9).
The applicant must list all certified or registered licenses issued to you pursuant to Chapter 489, Florida Statutes
A $50.00 application fee is required – 440.05 (8) (a).
No more than three officers of a corporation (including LLC) or of any group of affiliated corporations (including LLCs) may elect to be exempt 440.02 (15) (b) (2).
How to Obtain a Construction Industry Exemption Application
The Notice of Election to be Exempt (for DWC 250) can be obtained from our website at http://www.fldfs.com/WC/forms.html#6. Click on form “DWC 250”. Click on “DWC 250 Instructions” to view the instructions for completing.
Or go to https://apps.fldfs.com/ExemptionCentralization/disclaimer.aspx
For additional information about workers’ compensation exemptions, You can call them directly at
GET AN EXEMPTION CERTIFICATE: GREAT IDEA, RIGHT? NOT REALLY!
STOP, DON’T FORM THAT CORPORATION AND APPLY FOR A WORKERS COMPENSATION EXEMPTION CERTIFICATE JUST YET!
Did you know that you will have to spend a lot of money and time to form your corporation or LLC and get exemption certificates, file annual corporate tax returns, renew your corporation status annually with the Florida Division of Corporations, and renew your exemption certificates?
After all of this effort and expense, since you will not have workers’ compensation insurance, a few home owners may accept your exemption certificates. But you will probably not be able to get many commercial jobs, because most of them have a company policy that only workers compensation insured people can come on their job sites!
And do you ever plan to have more than 2 employees?
And do you really want to give a 10% ownership in your company to every employee that you hire?
And are you in a financial position to pay the cost of all on the job injuries out of your pocket?
(Health insurance does NOT pay for “occupational injuries or occupational illnesses”.)
But we can make still make all of this easy for you! Let me show you how to get professionals to provide you with workers’ compensation coverage and complete payroll and employee administration services for a very small % of your gross payroll.