Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69L - Division of Workers' Compensation › Chapter 69L-6 - WORKERS' COMPENSATION COMPLIANCE › Section 69L-6.012 - Notice of Election to Be Exempt

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Only corporate officers of non-dissolved or active corporations who meet the
				conditions for the issuance of valid Form DFS-F4-DWC-252,
https://www.flrules.org/Gateway/reference.asp?No=Ref-15433
Certificate of Election to be Exempt from Florida Workers' Compensation Law,
				revised 01/23, and herein incorporated by reference, as stated in Chapter 440,
				F.S., and implemented by this rule may file a Form DFS-F4-DWC-250,
https://www.flrules.org/Gateway/reference.asp?No=Ref-15430
,
				Notice of Election to be Exempt, revised 01/23, and incorporated by reference
				herein. Only a business entity organized under Chapter 607 or 617, F.S., will
				qualify as a corporation for purposes of issuing a Form DFS-F4-DWC-252,
				Certificate of Election to be Exempt from Florida Workers' Compensation Law, to
				a corporate officer under this rule. While a limited liability company created
				and approved under Chapter 605 or 608, F.S., is not a corporation for purposes
				of Chapter 440, F.S., persons who are limited liability company members owning
				at least ten percent (10%) of the non-dissolved or active limited liability
				company qualify as a "corporate officer" and are eligible for the issuance of a
				Form DFS-F4-DWC-252, Certificate of Election to be Exempt from Florida Workers'
				Compensation Law, under this rule. Chapter 605, F.S., the "Florida Revised
				Limited Liability Company Act," which became effective on January 1, 2014, also
				provides for the repeal of Chapter 608, F.S., titled "Limited Liability
				Companies," on January 1, 2015. Therefore, newly formed Florida limited
				liability companies must be organized pursuant to the provisions of Chapter
				605, F.S. Florida limited liability companies that were organized pursuant to
				the provisions of Chapter 608, F.S., must comply with the provisions of Chapter
				605, F.S., prior to the repeal of Chapter 608, F.S.
(2)
(a) Any
				corporate officer engaged in the construction or non-construction industry, who
				elects to be exempt from the provisions of the workers' compensation law
				(Chapter 440, F.S.), must certify that the officer electing an exemption has
				completed an online workers' compensation coverage and compliance tutorial
				pursuant to Section  440.05(3),
				F.S., and shall submit a Form DFS-F4-DWC-250, Notice of Election to be Exempt,
				in accordance with the requirements of Sections
				 440.02(15)(b) 
				and  440.05, F.S.
(b) Corporate officers must provide the first
				name, last name, date of birth, valid driver's license number, or Florida
				identification card number on Form DFS-F4-DWC-250, Notice of Election to be
				Exempt. For purposes of this rule, a driver's license is considered valid
				provided it has not been expired for more than 30 days at the time of
				submission of the exemption application. If an application is returned for any
				reason, the original exemption application submission date will apply when
				determining if a license is valid. The form must also include all certified or
				registered license numbers held by the applicant issued pursuant to Chapter
				489, F.S.; or the certified or registered license numbers held by the qualifier
				for the business listed on the Form DFS-F4-DWC-250, Notice of Election to be
				Exempt, of which the applicant is a corporate officer. If the applicant is
				required to obtain a license issued pursuant to Chapter 489, F.S., the business
				name listed on the license must match the name of the corporation or limited
				liability company listed on the Form DFS-F4-DWC-250, Notice of Election to be
				Exempt.