Does Florida require workers’ compensation insurance?
Yes, at four employees, or at one in construction. Florida Statutes 440.02 requires workers' compensation once a private business has four or more employees, and from the first employee in the construction industry. Corporate officers and LLC members count toward that number. Farms are covered at six regular or 12 seasonal workers. Eligible corporate officers and LLC members can file for a Certificate of Election to be Exempt with the Division of Workers' Compensation.
Updated . Written by Andre Beukers, principal at Redoubt, a commercial insurance agency in Salt Lake City, not a government office.
How many employees before Florida requires workers' comp?
Outside construction, a Florida employer needs coverage at four or more employees. In the construction industry, it needs coverage at one. Under Florida Statutes 440.02, corporate officers and LLC members owning 10% or more are employees unless they file an exemption, so a roofing LLC with one owner and no other workers already meets the construction threshold. Agricultural employers are covered at six regular employees or 12 seasonal workers, and domestic workers in private homes are outside the Act.
An out-of-state employer working in Florida must tell its carrier. Unless extraterritorial reciprocity covers temporary work under the home-state policy, the Division requires a policy that lists Florida in item 3A of the information page.
Source: Florida Statutes 440.02, checked .
Which owners, officers, and family members are exempt in Florida?
Exemptions go to people, not businesses. A corporate officer, or an LLC member owning at least 10%, can elect to be exempt by filing with the Department of Financial Services. In construction, no more than three officers of a corporation or group of affiliated companies may be exempt, and each must own at least 10%. Outside construction, a sole proprietor or partner is not an employee unless they elect coverage. In construction, a sole proprietor or partner is an employee under 440.02 and has no exemption to file.
Source: Florida Statutes 440.02, checked .
What happens to a Florida employer with no workers' comp?
The Division issues a stop-work order that shuts down all business operations until the employer has coverage and has paid the penalty. The penalty is the greater of $1,000 or twice the premium the employer would have paid at approved manual rates for its uninsured payroll over the prior 12 months, or 24 months for a repeat or payroll-concealment case. Working while a stop-work order is in effect adds $1,000 a day (Florida Statutes 440.107).
Knowingly failing to carry required coverage is also insurance fraud under Florida Statutes 440.105, a felony whose degree depends on the dollar amount. A general contractor becomes liable for the employees of any uninsured subcontractor under 440.10, which is why Florida contractors ask every sub for a certificate of insurance or an exemption.
Source: Florida Statutes 440.107, checked .
Who enforces workers' comp in Florida?
The Department of Financial Services' Division of Workers' Compensation enforces the requirement through its Bureau of Compliance. Its investigators inspect job sites, check the state's proof-of-coverage database, issue stop-work orders and penalties, and run the exemption system. The Office of Insurance Regulation regulates carriers and rates, not employers.
Source: Florida DFS, Enforcement, checked .
Where do Florida employers buy coverage?
Florida is a private-market state with no state fund. Employers buy through an agent from private carriers licensed by the Office of Insurance Regulation, or cover workers through a licensed employee leasing company or a commercial self-insurance fund. When no carrier will write the business, the agent can apply to the Florida Workers' Compensation Joint Underwriting Association, the state's market of last resort.
Source: Florida DFS, Obtaining Insurance Coverage, checked .
Who sets the class codes and rates in Florida?
Florida is an NCCI state. NCCI assigns class codes and experience mods, and it files the statewide workers' comp rates, which the Insurance Commissioner approves or changes after a public hearing. For policies effective January 1, 2026, the Commissioner approved an NCCI-proposed overall decrease of 6.9%, the ninth straight annual decrease. Your own premium still depends on your class codes, payroll, and mod.
Source: Florida Office of Insurance Regulation, 2026 rate order, checked .
Is there an exemption or waiver form in Florida?
Yes. An eligible corporate officer or LLC member files a Notice of Election to be Exempt online with the Division of Workers' Compensation and receives a Certificate of Election to be Exempt. The application needs a valid driver license, the company's active registration with the Division of Corporations, the ownership percentage, and completion of the Division's online coverage and compliance tutorial. Construction-industry certificates carry a $50 fee under 440.05, and every certificate expires two years after its effective date.
An exemption only removes the owner from coverage. The business still needs a policy for every other employee, and the application requires the owner to certify that those employees are covered.
Source: Florida Statutes 440.05, checked .
Sorting out Florida workers' comp for your business
Tell Redoubt what the business does, who works in it, and what the Florida requirement in front of you says. We will say whether a policy, a waiver, or an exclusion fits.
This is general insurance information, not legal advice or a coverage determination. Statutes, agency instructions, policy forms, and the facts of the business control.
Workers’ comp requirements in every state
Each state page gives the employee threshold, the owner and officer exemptions, the penalty for going without, the rating bureau, the market, the enforcing agency, and the exemption filing, each with its statute or agency source.
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
The hub, and the Florida pages that go deeper
Florida workers’ comp FAQ
Do I need workers' comp in Florida with fewer than four employees?+
Outside construction, no. Florida Statutes 440.02 sets the threshold at four employees, and corporate officers and LLC members count toward it unless they are exempt. In construction the threshold is one employee, and you can still buy a policy voluntarily at any size.
Can a Florida construction LLC owner be exempt from workers' comp?+
Yes, if the owner is an LLC member or corporate officer with at least 10% ownership, the company is active with the Division of Corporations, and no more than three officers across affiliated companies are exempt. The owner files online with the Division of Workers' Compensation and pays the $50 construction fee.
Can a sole proprietor in Florida construction get an exemption?+
No. Florida Statutes 440.02 makes a sole proprietor or partner in construction an employee, and the Division issues exemptions only to corporate officers and LLC members. A construction sole proprietor who wants an exemption would first need to operate as a corporation or LLC.
How long does a Florida workers' comp exemption last?+
Two years from the effective date on the certificate, under Florida Statutes 440.05. The Division sends an expiration notice at least 60 days before the date, and renewal goes through the same online system.
Do my 1099 subcontractors count as employees in Florida?+
In construction, anyone you pay as a subcontractor is treated as your employee under 440.02 unless they carry their own coverage or hold a valid exemption. Outside construction, a worker who meets the statute's independent contractor test is not an employee. Collect a certificate or exemption before the sub starts work.