Short answer: It depends on your industry. Florida requires workers' compensation for construction employers with one or more employees and for non-construction employers with four or more, counting corporate officers and LLC members who aren't exempt. Farms need coverage at six regular or 12 seasonal workers, according to the Florida Division of Workers' Compensation.
Three thresholds, set by industry
The Division of Workers' Compensation's coverage requirements page and section 440.02, Florida Statutes, split employers three ways:
- Construction: one or more employees, including owners who are corporate officers or LLC members, unless they hold a valid exemption. The construction trades are listed in Rule 69L-6.021, Florida Administrative Code.
- Non-construction: four or more employees, full- or part-time, including non-exempt officers and LLC members. The Division's key coverage guide notes that remote employees count too.
- Agriculture: six regular employees, or 12 seasonal workers who work more than 30 days in a season or more than 45 days in a calendar year.
Officer exemptions work differently in construction
The Division's employer brochure explains the difference:
- Construction: an officer or LLC member must own at least 10%, be listed with the Division of Corporations, and apply with a $50 fee. No more than three officers or members per entity can be exempt, and exemptions last two years.
- Non-construction: sole proprietors and partners are automatically exempt. Corporate officers can elect to be exempt with no ownership minimum, no limit on how many, and no fee.
An exemption only removes the owner from coverage. Employees still have to be covered once the threshold is met.
Out-of-state employers
Per the Division's FAQ, a construction employer with even one employee working in Florida needs a Florida policy from a Florida-licensed insurer, with Florida in Item 3A, using Florida classification codes and rates. Non-construction employers need a Florida policy once they have four or more employees working in Florida.
Subcontractors
Construction employers must confirm a subcontractor has coverage or a valid exemption before the subcontractor starts work. If not, the contractor's policy may end up paying for the subcontractor's injured workers, and the contractor's premium audit will reflect that.
Bottom line
Know which industry bucket you're in. A three-person roofing company and a three-person marketing agency face opposite answers. See our workers' compensation insurance overview.
Questions? Contact Alishahi Insurance or call (877) 711-4545. See insurance in Florida.
Frequently asked questions
How many employees before workers' comp is required in Florida?
Four for non-construction employers, one for construction employers, and six regular or 12 seasonal workers for agriculture.
Do corporate officers count in Florida?
Yes. Officers and LLC members count toward the threshold unless they hold a valid exemption.
How do construction exemptions work in Florida?
An officer or member with at least 10% ownership can apply for a two-year exemption for a $50 fee; up to three per entity.
Do remote employees count in Florida?
Yes. The Division says non-construction employees count whether they work at the employer's location or remotely.
Do out-of-state contractors need a Florida policy?
Yes. Construction employers with any employees working in Florida need a Florida policy with Florida in Item 3A.
Alishahi Insurance · 439 N Canon Dr, Penthouse, Beverly Hills, CA 90210 · (877) 711-4545 · CA License #4348151. General information only. This isn't legal, tax or financial advice or a coverage determination. Coverage depends on policy language and underwriting, and rules vary by state.