Short answer: if you're in construction in Florida, almost certainly yes — Florida treats construction differently and more strictly than most work.
Florida's construction threshold is just one employee
Florida sets a much lower bar for construction than for other industries: a construction business must carry workers' compensation with one or more employees (full- or part-time). For non-construction businesses, the threshold is generally four or more employees. So construction work triggers the requirement almost immediately.
Sole proprietors in construction can't exempt out
Here's the part that catches people: in Florida, a sole proprietor in the construction industry is automatically considered an employee for workers' compensation purposes — and is therefore included in coverage and not eligible to file an exemption. To work legally in Florida construction, that coverage generally has to be in place.
Who can file an exemption: in construction, only corporate officers and LLC members can file a Notice of Election to be Exempt (Form DWC-250), and even then within limits (e.g., a capped number of officers, minimum ownership). It's done through the Division of Workers' Compensation's online system and requires a valid Florida driver's license. A sole proprietor in construction does not have this option.
Your customers will require it too
On top of the state rule, Florida GCs and owners require a workers' comp certificate from their subs — and the audit mechanic means an uninsured sub costs the GC money at their annual audit. So in Florida construction, coverage (or a valid officer/LLC exemption) is effectively the price of getting on the job.
If you hire subs, collect and verify a certificate from each one — the free COI Checker grades a certificate against your requirements, and the COI Request Generator writes the request to send them.
Bottom line for Florida contractors
- Construction + any employees → workers' comp required (1+ employee).
- Sole proprietor in construction → automatically included; must have coverage; can't exempt.
- Corporate officer / LLC member → may file Form DWC-250 to be exempt, within limits.
Track your subs' coverage automatically
CoverProof reads each certificate, checks workers' comp and the rest against your requirements, flags gaps, and chases renewals.
Get early access →General information, not insurance or legal advice, and not specific to your situation. Florida's rules and exemption limits can change — confirm with the Florida Division of Workers' Compensation or a licensed Florida agent. Source: myfloridacfo.com (FL DFS, Division of Workers' Compensation).
Related: workers' comp with no employees · other states