Have you obtained workers' compensation insurance or filed for an exemption with the Division of Workers' Compensation?
· An exemption only costs $50 and is good for 2 years.
· Up to 3 people per company can be exempt.
· A person must own at least 10% of the company to file for an exemption.
· If the company qualifier is NOT an owner, he or she MUST be covered under the company’s WC policy.
· Same holds true for any non-owner employee.
You may think you’re “legal” because you’re covered under one company’s name, but that may not be the case. When you license a company, you are required to either have WC insurance or a WC exemption for that company, EVEN IF THAT COMPANY ISN’T ACTIVELY WORKING AT THE PRESENT TIME. The DBPR requires you to be in compliance with Chapter 489.114 and says, “any person, business organization, or qualifying agent engaged in the business of contracting in this state and certified or registered under this part shall, as a condition precedent to the issuance or renewal of a certificate or registration of the contractor, provide to the Construction Industry Licensing Board, as provided by board rule, evidence of workers’ compensation coverage pursuant to chapter 440.”
What can happen if you are caught without workers’ compensation coverage or an exemption for any and all companies that you qualify? The department shall notify the persons or entities governed by this section who have been determined to be in noncompliance with chapter 440, and the persons or entities notified shall provide certification of compliance with chapter 440 to the department and pay an administrative fine in the amount of $500. The failure to maintain workers’ compensation coverage as required by law shall be grounds for the board to revoke, suspend, or deny the issuance or renewal of a certificate or registration of the contractor under the provisions of s. 489.129.
You can find the exemption form here: http://www.myfloridacfo.com/wc/pdf/DWC-250.pdf.
Or call us and we will give you information on how to get coverage.
Would you like to verify your WC status with the state? Go here: https://secure.fldfs.com/WCAPPS/Compliance_poc/wPages/query.asp to access the state’s records for WC coverage and exemptions. If you’re not listed, you need to resolve this immediately!
These rules may not have been actively enforced in the past, but this is the law. The Boards are tightening their reins and pursuing prosecution. You really cannot ignore this.
Please contact us if you have questions about any of the next steps you should be taking after receiving your license. We are here to help you.