Yes, if you are a corporate officer or an LLC member who owns at least 10 percent. In construction, no more than three officers or members of one company can exempt out. The filing costs $50 and lasts two years. A construction sole proprietor or partner cannot exempt out at all. Who this is for: a Florida business owner deciding whether to leave themselves off the workers comp policy.
The short version
- Corporate officers and LLC members who own at least 10 percent can file a Florida exemption. In construction, no more than three per company.
- A construction sole proprietor or partner cannot exempt out. Outside construction they are not covered unless they opt in.
- The filing is electronic, costs $50 in construction (free otherwise), and is good for two years.
- An exempt owner gets no workers comp benefits if hurt on the job, and many health plans exclude work injuries.
- The certificate runs two years and nobody reminds you. When it lapses you are an employee again and your pay goes back on the bill.
Who can file a Florida exemption?
Florida treats owners differently in construction, and by business type. Find your row.
| How your business is set up | Construction | Not construction |
|---|---|---|
| Sole proprietor | You are an employee and cannot exempt out. Coverage starts at one employee, and you count. | Not covered by default. You may opt in. |
| Partner | Same as a sole proprietor. No exemption. | Not covered by default. You may opt in. |
| Corporate officer | Covered by default. Up to three officers owning at least 10 percent each may file to be exempt. | Covered by default. Any officer may file, free. |
| LLC member | An officer at 10 percent ownership. Counts toward the three. | An officer at 10 percent ownership. Free. |
Construction in Florida means building, clearing, filling, excavation, or substantial improvement of a structure or land. Landscaping, demolition, and site work count. Deeper guides: corporations, LLCs, and sole proprietors.
How do I file the exemption?
- Make sure the company is active with the Florida Division of Corporations and you are listed there as an officer or member.
- File the Notice of Election to be Exempt electronically with the Division of Workers Compensation, attest to your ownership share, and pay the $50 construction fee.
- Keep the certificate. It runs two years from its effective date, and you must file again to keep it.
The state can revoke a certificate if you stop qualifying, for example if your ownership drops below 10 percent. The exemption belongs to you, not the business, and a business with other employees still needs a policy.
How much does excluding myself save?
Your pay is rated in your own job category, so removing it removes that premium. The rates below are national illustrative ranges, not Florida's approved rates, and they move with job category, credits, and claims record. Your broker can look up Florida's approved rate. Costs assume $60,000 of owner pay.
| Owner's job category | Illustrative national rate per $100 of pay | Yearly cost to stay covered |
|---|---|---|
| Roofing | Roughly $12 to $20 | Roughly $7,200 to $12,000 |
| Carpentry | Roughly $6 to $11 | Roughly $3,600 to $6,600 |
| Electrical | Roughly $3 to $6 | Roughly $1,800 to $3,600 |
| Office only, in a separate office | Well under $1 | A small fraction of any field figure |
Your own pay is not always what gets rated. An included officer is charged on actual pay, but subject to a state minimum and maximum, so a low paid owner is still rated on the minimum and a high paid one is capped. Ask which figure your insurer will use. If you work only in the office, staying covered costs a fraction of any field rate and keeps your benefits, so exempting pays off mainly for field owners.
What do I give up if I exempt myself?
- Benefits. An exempt officer is not an employee and cannot collect workers comp benefits. Fall off a ladder in Sarasota and the policy pays nothing. Many health plans exclude work injuries.
- Some contracts. Many Florida general contractors want every person on site covered. Others accept your exemption certificate. Ask before you file.
- Nothing on your license. The Florida license accepts workers comp or a valid exemption, and you can apply if you say you will get the exemption within 30 days.
Does an exempt owner still count toward the one-employee rule?
No. Only non-exempt owners count. A solo construction corporation with one officer who has not filed already has one employee. File the exemption and the count drops to zero. Hire a helper and it is back to one. See do I need workers comp in Florida.
Why do so many Florida exemptions quietly expire?
Because it runs two years and nobody sends a reminder your customers will notice. When it lapses you are an employee again. Your insurer adds your pay at audit, and a general contractor asking for a current certificate gets an expired one.
Nothing here is backdated. Refiling after a lapse starts a new two year period. It does not cover the gap, and it does not undo the payroll your insurer will charge for the weeks you were uncovered. Calendar the renewal the day you file. National version: excluding yourself from workers comp.
What this looks like in real life
Illustrative example. It is typical of what we see and is not a promise of how any specific situation would be handled.
The setup: Two brothers own a stucco company in Sarasota as a corporation, 50 percent each, with one field employee. Both file $50 exemptions and buy a policy for the employee. Rated in the field, their pay would have cost an illustrative $7,200 a year.
What went wrong: Two years later the certificates expire and nobody notices. At the next audit the insurer adds both brothers' pay back onto the policy, and a general contractor in Bradenton rejects their certificate.
What it cost: An illustrative $7,200 audit bill for a year of premium they thought they had saved, plus a four day delay on the Bradenton job while the exemptions were refiled.
The fix: The exemption saves money only while it is active. Calendar the two year renewal and refile early.
Frequently asked questions
Q: Can I exclude myself from workers comp in Florida?
Yes, if you are a corporate officer or an LLC member who owns at least 10 percent. In construction the company can exempt no more than three people. Sole proprietors and partners in construction cannot exempt out.
Q: How do I find out when my Florida exemption expires?
The effective date is printed on your Certificate of Election to be Exempt, and it runs two years from there. The Division of Workers Compensation also publishes a public exemption search, which is where your general contractor will look.
Q: I am a sole proprietor doing construction in Florida. Can I skip workers comp?
Not by exemption. Florida treats a construction sole proprietor as an employee and requires coverage at one employee, so you count. Some owners form a corporation or LLC to qualify as an officer, but that is a decision for your accountant.
Q: Will my general contractor accept an exemption in Florida?
Many will, if you send the exemption certificate with your certificate of insurance and you have no other employees. Some require every person on site to be covered. Ask before you file.
Q: Can I file an exemption for a non-owner like my foreman?
No. Exemptions go only to corporate officers and LLC members who own at least 10 percent and are listed with the Division of Corporations. A foreman is an employee and must be covered.
Q: What happens if I get hurt while exempt?
Workers comp pays nothing. An exempt officer is not an employee and cannot recover benefits. Many health plans exclude work injuries and none replace your income.
How Morrow helps
Morrow is a licensed independent commercial insurance brokerage that works with contractors and trades every day. Working out who qualifies for a Florida officer exemption, what it saves, and whether your customers will accept it is part of every Florida workers comp review we do.
- Free contract review. Send us the contract or bid documents and we mark up the insurance section in plain English, whether or not you buy anything from us.
- Free, instant certificates. Clients issue their own certificates of insurance online in about a minute, any hour, any day, at no charge.
- Markets you cannot reach online. One application, shopped across many insurance companies for general liability, workers comp, auto, umbrella, and pollution coverage.
One more thing. This article is general information and is not legal advice or a statement of coverage. Your contract and your policy wording control in every case. Requirements vary by customer, by state, and by insurance company, so have a licensed advisor review your own contract and your own policy before relying on any of it.
Last updated: Reviewed by the Morrow commercial lines team. Last updated September 2026.