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Employers with one or more employees, including the owner of the business who are corporate officers or Limited Liability Company (LLC) members, must have workers compensation coverage. For a list of the trades considered to be in the construction industry see 69L-6.021 Florida Administrative Code.
The LLC must be registered and listed as active with the Florida Department of State, Division of Corporations. The applicant must attest to a minimum 10 percent ownership of the LLC. No more than three officers of an LLC or of any group of affiliated LLCs (including corporations) may elect to be exempt.
In order to apply for or renew an exemption from workers compensation law, the exemption applicant must complete and submit a Notice of Election to be Exempt application online to the Florida Division of Workers Compensation.
Upon receiving the Certificate of Election to be Exempt, the officer or business owner is no longer considered an employee and may not recover workers compensation benefits even if they are injured while at work. Workers compensation exemptions must be renewed each year. The exemption takes 30 days to be effective.
To be exempt from workers compensation, you must submit an affidavit, docHubing that you do not employ anyone in a manner that is subject to the workers compensation laws of California. (See Business and Professions Code Section 7125.)
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Eligibility Information No more than three officers of a corporation or of any group of affiliated corporations (including LLCs) may elect to be exempt. A $50.00 application fee is required. Applicant cannot be affiliated with an ACTIVE Stop Work Order (SWO) or Working in Violation (WIV).
Upon receiving the Certificate of Election to be Exempt, the officer or business owner is no longer considered an employee and may not recover workers compensation benefits even if they are injured while at work. Workers compensation exemptions must be renewed each year. The exemption takes 30 days to be effective.
Businesses that are exempt from workers comp in Florida include: Construction companies with no employees (including yourself by filing for an exemption) Businesses in other industries with three or fewer employees. Agricultural companies with five or fewer regular employees or 11 or fewer seasonal workers.

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