Division of Workers’ Compensation - GITS

1 Key Coverage and Exemption Eligibility RequirementsDivision of Workers CompensationDivision of Workers Compensation200 E. Gaines StreetTallahassee, FL must provide coverage?Non-construction industry employers with four or more full-time or part-time employees. (Note: Non-construction industry sole proprietors and partners are not considered employees.)Construction industry employers with one or more full-time or part-time employees. Farmers with six or more regular employees and/or 12 or more seasonal employees who work for more than 30 industry employers must also ensure all sub-contractors have coverage or a valid To Ensure Proper CoverageAny change in employees job duties or payroll increase must be reported to the insurer.

2 An employer covered through an employee leasing company must have coverage for every employee and promptly advise of any change in job duties or any personnel not included in the leasing arrangement. Out-of-State Employer RequirementsAn out-of-state construction industry employer must notify its insurance company that it has employees working in Florida. An out-of-state construction industry employer with employees working in Florida must have a Florida workers Compensation insurance policy, or an endorsement to its out-of-state contractor s policy that lists Florida in section of the policy.

3 A Florida contractor working in this state who contracts with an out-of-state sub-contractor must require proof of a Florida workers Compensation policy or an endorsement to the out-of-state employer s policy that lists Florida in section of the policy. Otherwise, the Florida contractor s policy must include the out-of-state sub-contractor and their employees per Ch. (1) (g) Florida Division s Web Proof of Coverage Database Information about workers Compensation coverage and exemptions. Construction Policy Tracking Database Information regarding changes to workers Compensation coverage.

4 Users receive automatic notification of any changes to the status of the specified policy. Exemption Applications Click on Rules and Forms, then click on tab 69L-6. Compliance Stop-Work Order Database Lists employers to whom Stop-Work Orders have been issued. DWC e-Alert Real-time electronic notification of Division activities and significant events in the WC system. Customer Service and To Report Non-Compliance 1- 8 0 0 -74 2 - 2 214 Employee Assistance Office To inform and assist injured workers. 1-800-342-1741 {Disclaimer: This brochure contains general information relating to Florida Workers Compensation and is not intended to be a substitute for the law.}

5 } 7 Where to Find Coverage?Contact a Florida-licensed insurance agent. To verify licensure, log on to or call 1-877-MY-FL-CFO (1-877-693-5236).You can also contact the following insurance agent associations: Florida Association of Insurance Agents at Professional Insurance Agents of Florida at American Association of Insurance Agents at If you cannot get coverage through the standard workers Compensation market, you may contact the Florida Workers Compensation Joint Underwriting Association at 941-378-7400 or visit their Web site at You may also consider an employee leasing arrangement with a professional organization that has secured workers Compensation coverage on behalf of its Exemption Eligibility InformationAn officer of a corporation who elects to be exempt may not recover workers Compensation benefits.

6 The corporation must be registered with the Florida Department of State, Division of Corporations. Eligibility requirements and required documentation are detailed in Ch. Florida Statutes and outlined as industry corporate officers:Must be listed as officers of the corporation in the records of the Florida Department of State, Division of Corporations. Are not limited as to the number of corporate officers eligible for exemption. Do not require an application fee. Construction industry officers, including members of a limited liability company (LLC):Must be listed as officers of the corporation in the records of the Florida Department of State, Division of Corporations.

7 Must own at least 10 percent of the stock of the corporation. Must submit a $50 application fee. Are limited to no more than three officers of a corporation (including LLC) or of any group of affiliated corporations (including LLCs) who may elect to be exempt per Ch. (15) (b) Florida Statutes. Out-of-state contractors that are corporations or limited liability companies can qualify as foreign corporations or foreign limited liability companies by filing specific forms and documentation with the Florida Division of Corporations. For more information, call (850) 245-6051 or log on to to Obtain an Exemption Application The Notice of Election to be Exempt (Form DWC 250) can be obtained from the Division s Web site at Provisions (Section Florida Statutes)The Division of Workers Compensation enforces employer compliance.

8 Investigators conduct inspections and may issue a Stop-Work Order, ceasing all business operations if the employer lacks the required Florida workers Compensation coverage. The Division will also assess a penalty equal to times the amount the employer would have paid in premium within the preceding three-year period. A Stop-Work Order may also be issued if an employer understates or conceals payroll, misrepresents or conceals employee duties or otherwise attempts to avoid paying workers Compensation premiums. Such actions could also result in criminal charges and order for the Division to release a Stop-work order, an employer will be required to provide evidence of compliance and pay the assessed penalties.

9 Pursuant to Section (11), , the Department may initiate lien proceedings to collect any penalty due that has not been paid. In addition, the Department may refer any unpaid penalty that is due to a collection agency for the initiation of proceedings to collect the unpaid penalty. It is against the law to:Work in violation of a Stop-Work Order. Make a false statement for the purpose of obtaining coverage or to reduce workers Compensation to report an injury to your insurance carrier. Discharge or threaten to discharge an employee for filing or attempting to file a workers Compensation workers Compensation premiums from employees pay.

10 Misclassify an employee as an independent contractor. 45