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The 2025 Florida Statutes
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F.S. 440.05440.05 Election of exemption; revocation of election; notice; certification.—(1) Each corporate officer who elects not to accept the provisions of this chapter or who, after electing such exemption, revokes that exemption shall submit to the department notice to such effect in accordance with a form to be prescribed by the department. (2) Each sole proprietor or partner who elects to be included in the definition of “employee” or who, after such election, revokes that election must submit to the department notice to such effect, in accordance with a form to be prescribed by the department. (3) The notice of election to be exempt must be electronically submitted to the department by the officer of a corporation who is allowed to claim an exemption as provided by this chapter and must list the name, date of birth, valid driver license number or Florida identification card number, and all certified or registered licenses issued pursuant to chapter 489 held by the person seeking the exemption, the registration number of the corporation filed with the Division of Corporations of the Department of State, and the percentage of ownership evidencing the required ownership under this chapter. The notice of election to be exempt must identify each corporation that employs the person electing the exemption and must list the federal tax identification number of each such employer and the additional documentation required by this section. In addition, the notice of election to be exempt must provide that the officer electing an exemption is not entitled to benefits under this chapter, must provide that the election does not exceed exemption limits for officers provided in s. 440.02, must certify that any employees of the corporation whose officer elects an exemption are covered by workers’ compensation insurance, and must certify that the officer electing an exemption has completed an online workers’ compensation coverage and compliance tutorial developed by the department. Upon receipt of the notice of the election to be exempt, receipt of all application fees, and a determination by the department that the notice meets the requirements of this subsection, the department shall issue a certification of the election to the officer, unless the department determines that the information contained in the notice is invalid. The department shall revoke a certificate of election to be exempt from coverage upon a determination by the department that the person does not meet the requirements for exemption or that the information contained in the notice of election to be exempt is invalid. The certificate of election must list the name of the corporation listed in the request for exemption. A new certificate of election must be obtained each time the person is employed by a new or different corporation that is not listed on the certificate of election. Upon written request from a workers’ compensation carrier, the department shall send thereafter an electronic notification to the carrier identifying each of its policyholders for which a notice of election to be exempt has been issued or for which a notice of revocation to be exempt has been received. Upon filing a notice of revocation of election, an officer who is a subcontractor or an officer of a corporate subcontractor must notify her or his contractor. (4) The notice of election to be exempt from the provisions of this chapter must contain a notice that clearly states in substance the following: “Any person who, knowingly and with intent to injure, defraud, or deceive the department or any employer or employee, insurance company, or any other person, files a notice of election to be exempt containing any false or misleading information is guilty of a felony of the third degree.” Each person filing a notice of election to be exempt shall personally sign the notice and attest that he or she has reviewed, understands, and acknowledges the foregoing notice. The certificate of election to be exempt must contain the following notice: “This certificate of election to be exempt is NOT a license issued by the Department of Business and Professional Regulation (DBPR). To determine if the certificateholder is required to have a license to perform work or to verify the license of the certificateholder, go to (insert DBPR’s website address for where to find this information).” (5) A notice given under subsection (1), subsection (2), or subsection (3) shall become effective when issued by the department or 30 days after it is received by the department, whichever occurs first. However, if an accident or occupational disease occurs less than 30 days after the effective date of the insurance policy under which the payment of compensation is secured or the date the employer qualified as a self-insurer, such notice is effective as of 12:01 a.m. of the day following the date it is submitted to the department. (6) A certificate of election to be exempt which is issued on or after January 1, 2013, in accordance with this section is valid for 2 years after the effective date stated thereon. Both the effective date and the expiration date must be listed on the face of the certificate by the department. The certificate must expire at midnight, 2 years from its issue date, as noted on the face of the exemption certificate. A certificate of election to be exempt may be revoked before its expiration by the officer for whom it was issued or by the department for the reasons stated in this section. At least 60 days before the expiration date of a certificate of exemption, the department shall send notice of the expiration date to the certificateholder at the address on the certificate or to the e-mail address on file with the department. (7) Any contractor responsible for compensation under s. 440.10 may register in writing with the workers’ compensation carrier for any subcontractor and shall thereafter be entitled to receive written notice from the carrier of any cancellation or nonrenewal of the policy. (8)(a) The department must assess a fee of $50 with each request for a construction industry certificate of election to be exempt or renewal of election to be exempt under this section. (b) The funds collected by the department shall be used to administer this section, to audit the businesses that pay the fee for compliance with any requirements of this chapter, and to enforce compliance with the provisions of this chapter. (9) The department may by rule prescribe forms and procedures for filing an election of exemption, revocation of election to be exempt, and notice of election of coverage for all employers and require specified forms to be submitted by all employers in filing for the election of exemption. The department may by rule prescribe forms and procedures for issuing a certificate of the election of exemption. (10) Any corporate officer permitted by this chapter to claim an exemption must be listed on the records of this state’s Secretary of State, Division of Corporations, as a corporate officer. (11) Certificates of election to be exempt issued under subsection (3) apply only to the corporate officer named on the notice of election to be exempt. (12) Notices of election to be exempt and certificates of election to be exempt shall be subject to revocation if, at any time after the filing of the notice or the issuance of the certificate, the person named on the notice or certificate no longer meets the requirements of this section for issuance of a certificate. The department shall revoke a certificate at any time for failure of the person named on the certificate to meet the requirements of this section. (13) An officer of a corporation who elects exemption from this chapter by filing a certificate of election under this section may not recover benefits or compensation under this chapter. For purposes of determining the appropriate premium for workers’ compensation coverage, carriers may not consider any officer of a corporation who validly meets the requirements of this section to be an employee. (14) Any corporate officer who is an affiliated person of a person who is delinquent in paying a stop-work order and penalty assessment order issued pursuant to s. 440.107, or owed pursuant to a court order, is ineligible for an election of exemption. The stop-work order and penalty assessment shall be in effect against any such affiliated person. As used in this subsection, the term “affiliated person” means:(a) The spouse of such other person; (b) Any person who directly or indirectly owns or controls, or holds with the power to vote, 10 percent or more of the outstanding voting securities of such other person; (c) Any person who directly or indirectly owns 10 percent or more of the outstanding voting securities that are directly or indirectly owned, controlled, or held with the power to vote by such other person; (d) Any person or group of persons who directly or indirectly control, are controlled by, or are under common control with such other person; (e) Any person who directly or indirectly acquires all or substantially all of the other assets of such other person; (f) Any officer, director, trustee, partner, owner, manager, joint venturer, or employee of such other person or a person performing duties similar to persons in such positions; or (g) Any person who has an officer, director, trustee, partner, or joint venturer in common with such person. History.—s. 5, ch. 17481, 1935; CGL 1936 Supp. 5966(5); ss. 17, 35, ch. 69-106; s. 2, ch. 70-148; s. 1, ch. 70-439; s. 3, ch. 74-197; s. 2, ch. 75-209; s. 23, ch. 78-300; s. 124, ch. 79-40; s. 21, ch. 79-312; s. 43, ch. 89-289; s. 56, ch. 90-201; s. 52, ch. 91-1; s. 2, ch. 91-2; s. 3, ch. 93-415; s. 99, ch. 97-103; s. 1, ch. 98-125; s. 2, ch. 98-174; s. 40, ch. 99-240; s. 13, ch. 2002-194; s. 6, ch. 2002-236; s. 468, ch. 2003-261; s. 3, ch. 2003-412; s. 74, ch. 2005-2; s. 52, ch. 2006-1; ss. 3, 4, ch. 2012-213; s. 2, ch. 2013-141; s. 2, ch. 2016-56; s. 12, ch. 2022-138.
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Annotations, Discussions, Cases:
Cases Citing Statute 440.05
Total Results: 32
616 So. 2d 956, 1993 WL 74253
Supreme Court of Florida | Filed: Mar 18, 1993 | Docket: 1726588
Cited 27 times | Published
A CORPORATE OFFICER WHO ELECTS, PURSUANT TO SECTION 440.05, TO EXEMPT HIMSELF FROM COVERAGE UNDER THE
696 So. 2d 308, 1997 WL 213718
Supreme Court of Florida | Filed: May 1, 1997 | Docket: 1696195
Cited 25 times | Published
dissenting). In Allen, the Court addressed the section 440.05 notice[3] requirement contained in the 1967
420 So. 2d 587, 1982 Fla. LEXIS 2564
Supreme Court of Florida | Filed: Sep 23, 1982 | Docket: 1306578
Cited 19 times | Published
such person, notwithstanding the provision of § 440.05 with respect to notice.
[5] § 440.04(3) was recodified
281 So. 2d 317
Supreme Court of Florida | Filed: Jul 31, 1973 | Docket: 339124
Cited 18 times | Published
injury, notice to the contrary as provided in § 440.05."
"3. In order for a workmen's compensation policy
113 So. 2d 742, 1959 Fla. App. LEXIS 2655
District Court of Appeal of Florida | Filed: Jul 7, 1959 | Docket: 1490806
Cited 16 times | Published
Workman's Compensation Law, Sec. 65.10.
[15] F.S. § 440.05, F.S.A.
[16] F.S. § 440.07, F.S.A.
[17] Chamberlain
391 So. 2d 234
District Court of Appeal of Florida | Filed: Nov 25, 1980 | Docket: 1173781
Cited 15 times | Published
filed with the Division of Worker's Compensation, § 440.05(2), Fla. Stat. (1975), and he must be listed as
650 So. 2d 653, 1995 WL 49127
District Court of Appeal of Florida | Filed: Feb 9, 1995 | Docket: 1345412
Cited 13 times | Published
Division of Workers' Compensation, as provided in section 440.05, or by obtaining a policy of insurance securing
542 So. 2d 408, 14 Fla. L. Weekly 894
District Court of Appeal of Florida | Filed: Apr 11, 1989 | Docket: 468896
Cited 7 times | Published
coverage under a workers' compensation policy. See § 440.05, Fla. Stat. (1987).
[2] Kan. Stat. Ann. §§ 60-603[3]
737 So. 2d 1170, 1999 WL 454469
District Court of Appeal of Florida | Filed: Jul 7, 1999 | Docket: 1709609
Cited 6 times | Published
Division of Workers' Compensation pursuant to section 440.05, Florida Statutes (1995), electing to be exempt
667 So. 2d 442, 1996 WL 27878
District Court of Appeal of Florida | Filed: Jan 26, 1996 | Docket: 454546
Cited 4 times | Published
housing "between the hours of 12 noon and 8 p.m."); § 440.05(4), Fla. Stat. (1993) (notice effective as of
531 So. 2d 1361, 1988 WL 95880
District Court of Appeal of Florida | Filed: Sep 15, 1988 | Docket: 1528651
Cited 3 times | Published
elected coverage under the act pursuant to section 440.05. Citing to the above cases and Florida Power
667 So. 2d 401, 1995 WL 757878
District Court of Appeal of Florida | Filed: Dec 27, 1995 | Docket: 2560790
Cited 2 times | Published
did not, however, post the notice required by § 440.05, Florida Statutes (1967):
Every employer who
541 So. 2d 1236, 1989 WL 10987
District Court of Appeal of Florida | Filed: Feb 14, 1989 | Docket: 1516527
Cited 2 times | Published
proprietor who did not make an election pursuant to section 440.05 Florida Statutes (1987), to be covered under
898 So. 2d 263, 2005 WL 607878
District Court of Appeal of Florida | Filed: Mar 17, 2005 | Docket: 175833
Cited 1 times | Published
notice of election to be exempt pursuant to section 440.05(3), Florida Statutes (2001), was invalid because
528 So. 2d 456, 1988 WL 68080
District Court of Appeal of Florida | Filed: Jul 1, 1988 | Docket: 1717524
Cited 1 times | Published
filing notice thereof as provided in section 440.05). Section 440.05(2), Florida Statutes (1979), provides
402 So. 2d 80
District Court of Appeal of Florida | Filed: Aug 17, 1981 | Docket: 1691517
Cited 1 times | Published
employee by filing a notice thereof as provided in Section 440.05, is included in the term "employee". Section
237 So. 2d 154, 1970 Fla. LEXIS 2710
Supreme Court of Florida | Filed: Jul 1, 1970 | Docket: 64515190
Cited 1 times | Published
such person, notwithstanding the provision of § 440.05 with respect to notice.”
The above subsection
District Court of Appeal of Florida | Filed: Nov 19, 2017 | Docket: 6226569
Published
provisions of the Workers’ Compensation Law. Section 440.05(14),
Florida States (2008), which governs
952 So. 2d 583, 2007 WL 703561
District Court of Appeal of Florida | Filed: Mar 9, 2007 | Docket: 1703101
Published
provisions" of the Workers' Compensation Law). Section 440.05 sets out the requirements for the election
730 So. 2d 336, 1999 Fla. App. LEXIS 2575, 1999 WL 122891
District Court of Appeal of Florida | Filed: Mar 10, 1999 | Docket: 64787501
Published
filed his notice of election to be exempt, section 440.05, Florida Statutes (1993), provided, in pertinent
627 So. 2d 87, 1993 Fla. App. LEXIS 11673, 1993 WL 477630
District Court of Appeal of Florida | Filed: Nov 22, 1993 | Docket: 64744269
Published
Labor and Employment Security, pursuant to Section 440.05(2), Florida Statutes (1981).3 Scalise had never
592 So. 2d 379, 1992 Fla. App. LEXIS 785, 1992 WL 16018
District Court of Appeal of Florida | Filed: Jan 29, 1992 | Docket: 64664568
Published
waived his exemption as an employer pursuant to section 440.05. The interpretation of chapter 440 sought by
585 So. 2d 1143, 1991 Fla. App. LEXIS 9150, 1991 WL 181515
District Court of Appeal of Florida | Filed: Sep 18, 1991 | Docket: 64661605
Published
the Worker’s Compensation Act pursuant to section 440.-05, Florida Statutes (1983).
Appellant, Herbert
559 So. 2d 639, 1990 Fla. App. LEXIS 1351, 1990 WL 19943
District Court of Appeal of Florida | Filed: Mar 5, 1990 | Docket: 64649605
Published
of employee by filing notice as provided in section 440.05. Section 440.-02(ll)(c), F.S. (1985).1 In such
487 So. 2d 42, 11 Fla. L. Weekly 651, 1986 Fla. App. LEXIS 6912
District Court of Appeal of Florida | Filed: Mar 13, 1986 | Docket: 64618761
Published
under the insurance policy pursuant to F.S. Section 440.-05(2). The policy became effective on October
474 So. 2d 847, 10 Fla. L. Weekly 1889, 1985 Fla. App. LEXIS 15489
District Court of Appeal of Florida | Filed: Aug 8, 1985 | Docket: 64613795
Published
previous notice of exemption from coverage.
Section 440.05, Florida Statutes, provides that: r
(1) Every
422 So. 2d 321, 1982 Fla. App. LEXIS 21036
District Court of Appeal of Florida | Filed: Aug 31, 1982 | Docket: 64593533
Published
partner, he had elected coverage pursuant to Section 440.05(2), Florida Statutes, under the business’s
378 So. 2d 841, 1979 Fla. App. LEXIS 16263
District Court of Appeal of Florida | Filed: Dec 17, 1979 | Docket: 64573692
Published
election with the division as provided in § 440.-05. . . .” Section 440.05(1), Florida Statutes (1975) provides
224 So. 2d 293, 1969 Fla. LEXIS 2241
Supreme Court of Florida | Filed: Jun 25, 1969 | Docket: 64510410
Published
had filed a Notice of Rejection pursuant to Section 440.05, Florida Statutes, F.S.A., and that such notice
221 So. 2d 158, 1969 Fla. App. LEXIS 5898
District Court of Appeal of Florida | Filed: Apr 8, 1969 | Docket: 64509258
Published
by the Florida Workmen’s Compensation Act. See: § 440.05, Fla.Stat., F.S.A.
166 So. 2d 438, 1964 Fla. LEXIS 2576
Supreme Court of Florida | Filed: Jul 17, 1964 | Docket: 64490224
Published
employee may elect not to come under the act. Section 440.05(2), (3), F.S.A., provides that he may exercise
159 So. 2d 222
Supreme Court of Florida | Filed: Dec 18, 1963 | Docket: 60217790
Published
claimant’s right to future medical attention.
Under Section 440.05, Florida Statutes, an employee may waive all
