Florida Construction Workers’ Comp Exemptions: A GC Checklist
A Florida construction workers’ compensation exemption concerns an eligible individual owner. It does not mean that everyone working for the subcontractor is exempt, or that the business has an insurance policy.
The Florida Division of Workers’ Compensation explains that exemptions are issued to corporate officers or LLC members rather than businesses. Once exempt, the individual is not treated as an employee under those provisions and cannot recover workers’ compensation benefits through that election.
Start with who will actually work
Ask for the legal business name, the names of working owners, and whether anyone else will enter the site. This separates a genuinely solo operation from a business whose owner is exempt but whose crew needs coverage.
Do not accept “we are exempt” as a complete response. The record needs to identify the person who holds the exemption and the business to which it relates. A sole-proprietor statement or a liability certificate is a different document and should not be substituted without checking the applicable rules.
Review the election and the policy separately
Use the state’s exemption resources to confirm the applicable election and current status. Record the check date and retain the supporting record. Florida requires the applicant’s own attestation; another person’s informal signature is not a substitute for that process.
For the workforce, request current insurance evidence and confirm the insured business name and dates. Ask the broker to clarify owner exclusions or uncertain coverage. A certificate showing a policy does not establish that an exempt owner is included in it.
A hypothetical crew change
An LLC member supplies a current individual exemption before starting a small installation. Two weeks later, the member brings two helpers. The owner’s exemption has not suddenly become coverage for those helpers. Review who employs them and obtain the relevant insurance evidence before treating the expanded crew as approved.
Documenting a headcount change is useful even when your original review was correct. The exposure changed after approval, so the file needs a new decision.
Build the project file
- Individual exemption record, business match and verification date.
- Workforce description and any employee policy evidence.
- Liability and auto documents required by the signed subcontract.
- Required endorsements and unresolved questions.
- A reminder to review records when personnel or policy terms change.
See the Florida state guide and the broader Florida contractor insurance guide. The subcontractor onboarding checklist helps collect these records without collapsing them into one “insured” checkbox.
Sources checked November 3, 2026. Confirm eligibility and current election requirements with Florida’s Division or a licensed professional.
Frequently asked questions
Does a Florida construction owner exemption exempt the whole company?
No. Florida issues exemptions to eligible corporate officers or LLC members, not to the business workforce. Review coverage for employees separately.
Can a general contractor create an exemption letter for a subcontractor?
A private letter is not the state election. Verify the applicable Florida exemption through the Division’s process and match the individual and business records.