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Under Florida Statute 440.107, which type of business entity can be exempt from workers compensation coverage if it has fewer than 4 employees?

Correct Answer

D) Partnership

Florida Statute 440.107 allows partnerships and sole proprietorships in construction with fewer than 4 employees to be exempt from workers compensation requirements. Corporations and LLCs must carry coverage regardless of employee count.

Answer Options
A
Corporation
B
Limited Liability Company
C
Sole Proprietorship
D
Partnership

Why This Is the Correct Answer

CORRECT_ANSWER - Florida Statute 440.107 specifically allows partnerships (and sole proprietorships) in construction to be exempt from workers compensation requirements when they have fewer than 4 employees. This exemption recognizes that smaller unincorporated business entities may have different risk profiles and financial capabilities compared to corporations. The statute treats partnerships and sole proprietorships similarly in this regard, allowing them flexibility in workers compensation coverage for very small operations.

Why the Other Options Are Wrong

Option A: Corporation

Corporations must carry workers compensation coverage regardless of the number of employees they have. Florida law does not provide an exemption based on employee count for corporations, as they are considered separate legal entities with different liability structures than unincorporated businesses.

Option B: Limited Liability Company

This is actually correct - partnerships can be exempt from workers compensation coverage if they have fewer than 4 employees under Florida Statute 440.107.

Option C: Sole Proprietorship

Limited Liability Companies (LLCs) are required to carry workers compensation coverage regardless of employee count, similar to corporations. LLCs are treated as separate legal entities under Florida law and do not qualify for the small business exemption that applies to unincorporated entities.

Memory Technique

Think 'Incorporated = Insurance required' vs 'Unincorporated = Under 4 exemption' - the 'I' words go together, and the 'U' words go together.

Reference Hint

Florida Building Contractor's Reference Manual - Chapter on Workers Compensation Requirements or Florida Statute 440.107

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