Florida Statute 443.012 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXI
LABOR

Chapter 443
REEMPLOYMENT ASSISTANCE

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F.S. 443.012

443.012 Reemployment Assistance Appeals Commission.—

(1) There is created within the Division of Workforce Services of the Department of Commerce a Reemployment Assistance Appeals Commission. The commission is composed of a chair and two other members appointed by the Governor, subject to confirmation by the Senate. Only one appointee may be a representative of employers, as demonstrated by his or her previous vocation, employment, or affiliation; and only one appointee may be a representative of employees, as demonstrated by his or her previous vocation, employment, or affiliation.

(a) The chair shall devote his or her entire time to commission duties and is responsible for the administrative functions of the commission.

(b) The chair has authority to appoint a general counsel and other personnel to carry out the duties and responsibilities of the commission.

(c) The chair must have the qualifications required by law for a judge of the circuit court and may not engage in any other business vocation or employment. Notwithstanding any other law, the chair shall be paid a salary equal to that paid under state law to a judge of the circuit court.

(d) The remaining members shall be paid a stipend of $100 for each day they are engaged in the work of the commission. The chair and other members are entitled to be reimbursed for travel expenses, as provided in s. 112.061.

(e) The total salary and travel expenses of each member of the commission shall be paid from the Employment Security Administration Trust Fund.

(2) The members of the commission shall be appointed to staggered terms of 4 years each. A vacancy for the unexpired term of a member shall be filled in the same manner as the original appointment. The presence of two members constitutes a quorum for any called meeting of the commission.

(3) The commission has all authority, powers, duties, and responsibilities relating to reemployment assistance appeal proceedings under this chapter.

(4) The property, personnel, and appropriations relating to the specified authority, powers, duties, and responsibilities of the commission shall be provided to the commission by the Department of Commerce.

(5) The commission is not subject to control, supervision, or direction by the Department of Commerce in performing its powers or duties under this chapter.

(6) The commission may make expenditures, including expenditures for personal services and rent, for law books, books of reference, periodicals, furniture, equipment, and supplies, and for printing and binding as necessary in exercising its authority and powers and carrying out its duties and responsibilities. All such expenditures of the commission shall be allowed and paid as provided in s. 443.211 upon the presentation of itemized vouchers approved by the chair.

(7) The commission may charge fees for publications, subscriptions, and copies of records and documents. These fees must be deposited in the Employment Security Administration Trust Fund.

(8) The commission shall maintain and keep open during reasonable business hours an office in Tallahassee for the purpose of transacting its business, at which office the commission shall keep its official records and papers. The offices shall be furnished and equipped by the commission. The commission may hold sessions and conduct hearings at any place within the state.

(9) The commission shall prepare and submit a budget covering the necessary administrative cost of the commission.

(10) The commission shall have a seal for authenticating its orders, awards, and proceedings, upon which shall be inscribed the words “State of Florida–Reemployment Assistance Appeals Commission–Seal,” and it shall be judicially noticed.

(11) The commission has authority to adopt rules under ss. 120.536(1) and 120.54 to administer the provisions of law conferring duties upon it.

(12) Orders of the commission relating to reemployment assistance under this chapter are subject to review only by notice of appeal to the district courts of appeal in the manner provided in s. 443.151(4)(e).

History.—s. 11, ch. 99-240; s. 57, ch. 2002-194; s. 14, ch. 2003-36; s. 351, ch. 2011-142; s. 2, ch. 2012-30; s. 172, ch. 2024-6.

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Amendments to 443.012

Arrestable Offenses / Crimes under Fla. Stat. 443.012

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 443.012.

Annotations, Discussions, Cases:

Cases Citing Statute 443.012

Total Results: 20

Florida Department of Environmental Protection v. Florida Reemployment Assistance Appeals Commission

Court: Fla. Dist. Ct. App. | Date Filed: 2012-12-27T00:00:00-08:00

Citation: 123 So. 3d 1154, 2012 WL 6700023, 2012 Fla. App. LEXIS 22115

Snippet: ch.2012-30, § 2, Laws of Fla. (amending section 443.012(1), Florida Statutes, and renaming the commission

Guillen v. Reemployment Assistance Appeals Commission

Court: Fla. Dist. Ct. App. | Date Filed: 2012-11-21T00:00:00-08:00

Citation: 103 So. 3d 207, 2012 Fla. App. LEXIS 20052, 2012 WL 5895081

Snippet: Reemployment Assistance Appeals Commission, see 443.012, Fla. Stat. (2012),1 disqualifying Raul A. Guillen…., concurs. . Effective July 1, 2012, section 443.012 provides: (1) There is created within the Division

Reese v. Reemployment Assistance Appeals Commission

Court: Fla. Dist. Ct. App. | Date Filed: 2012-10-03T00:00:00-07:00

Citation: 103 So. 3d 195, 2012 Fla. App. LEXIS 16559, 2012 WL 4511642

Snippet: the Department of Economic Opportunity. See § 443.012, Fla. Stat. (2011). . Section 443.031, Florida

Alliance Business Solutions, Inc. v. Florida Reemployment Assistance Appeals Commission

Court: Fla. Dist. Ct. App. | Date Filed: 2012-10-03T00:00:00-07:00

Citation: 98 So. 3d 692, 2012 WL 4512771, 2012 Fla. App. LEXIS 16514

Snippet: . 2012-30, § 2, Laws of Fla. (amending section 443.012(1), Florida Statutes, and renaming the commission

Hammett v. Florida Reemployment Assistance Appeals Commission

Court: Fla. Dist. Ct. App. | Date Filed: 2012-09-12T00:00:00-07:00

Citation: 97 So. 3d 306, 2012 WL 3964990, 2012 Fla. App. LEXIS 15243

Snippet: the Department of Economic Opportunity. See § 443.012, Fla. Stat. (2011). . There is nothing in the

JM v. Florida Agency for Persons With Disabilities

Court: Fla. Dist. Ct. App. | Date Filed: 2006-08-08T00:53:00-07:00

Citation: 938 So. 2d 535

Snippet: supervision, or direction" by the department); 443.012(1), (5), Fla. Stat. (2005) (providing that the

Vila v. O'Brien

Court: Fla. Dist. Ct. App. | Date Filed: 1987-08-20T00:00:00-07:00

Citation: 511 So. 2d 443, 12 Fla. L. Weekly 2033, 1987 Fla. App. LEXIS 10006

Snippet: , Orfinger, Upchurch 20 August 1987 511 So. 2d 443, 12 Fla. L. Weekly 2033, 1987 Fla. App. LEXIS 10006

Chandler v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1987-03-04T00:00:00-08:00

Citation: 503 So. 2d 443, 12 Fla. L. Weekly 710, 1987 Fla. App. LEXIS 7136

Snippet: Danahy, Edward, Lehan, Ret 4 March 1987 503 So. 2d 443, 12 Fla. L. Weekly 710, 1987 Fla. App. LEXIS 7136

Ago

Court: Fla. Att'y Gen. | Date Filed: 1981-03-03T23:53:00-08:00

Snippet: subject to the confidentiality requirement of s. 443.12(7), F.S., and therefore, exempt from the disclosure…Employment Security have traditionally considered s. 443.12(7), F.S. (now s. 443.171(7), F.S. (1980 Supp.))…You therefore request my opinion as to whether s. 443.12(7), F.S. (now s. 443.171(7), F.S. (1980 Supp.))

Ago

Court: Fla. Att'y Gen. | Date Filed: 1974-12-22T23:53:00-08:00

Snippet: Section440.44(4)(a) — Division of Labor. Section 443.12(3) — Division of Employment Security.

Miami Dolphins, Ltd. v. Florida Dept. of Commerce

Court: Fla. Dist. Ct. App. | Date Filed: 1971-09-14T00:53:00-07:00

Citation: 252 So. 2d 396

Snippet: Code, Ch. 8AU-1, § 1.15(6), and see generally § 443.12(2) Fla. Stat., F.S.A. The appeals referee considered

Conda v. Plain

Court: Fla. Dist. Ct. App. | Date Filed: 1968-10-16T00:00:00-07:00

Citation: 215 So. 2d 13, 1968 Fla. App. LEXIS 4760

Snippet: 110 So.2d 715; Allen v. Powell, 1943, 152 Fla. 443, 12 So.2d 378; Golden v. Morris, Fla. 1951, 55 So.2d

Shaw v. Puleo

Court: Fla. | Date Filed: 1964-01-07T23:53:00-08:00

Citation: 159 So. 2d 641

Snippet: ; To same effect see Allen v. Powell, 152 Fla. 443, 12 So.2d 378. In reviewing a jury verdict in a case

Duquette v. Hindman

Court: Fla. Dist. Ct. App. | Date Filed: 1963-05-07T00:53:00-07:00

Citation: 152 So. 2d 789

Snippet: 's charge." Allen v. Powell, 152 Fla. 443, 12 So.2d 378 (1943), was an action by the wife to

Smith v. City of Miami

Court: Fla. Dist. Ct. App. | Date Filed: 1963-04-23T00:00:00-08:00

Citation: 153 So. 2d 62, 1963 Fla. App. LEXIS 3686

Snippet: R.C.L. 283.” Accord, Allen v. Powell, 152 Fla. 443, 12 So.2d 378; Scott v. Andrews, Fla.App.1962, 140

Holland v. Hall

Court: Fla. Dist. Ct. App. | Date Filed: 1962-09-25T00:53:00-07:00

Citation: 145 So. 2d 552

Snippet: .2d 416; Allen v. Powell et al. (1943) 152 Fla. 443, 12 So.2d 378. D-177 District Court of Appeal

Scott v. Andrews

Court: Fla. Dist. Ct. App. | Date Filed: 1962-04-17T00:00:00-08:00

Citation: 140 So. 2d 128

Snippet: , 97 So.2d 704, 706; Allen v. Powell, 152 Fla. 443, 12 So.2d 378; Radiant Oil Co. v. Herring, 146 Fla.

Bennett v. Jacksonville Expressway Authority

Court: Fla. | Date Filed: 1961-06-28T00:53:00-07:00

Citation: 131 So. 2d 740

Snippet: Fla. 154, 200 So. 376; Allen v. Powell, 152 Fla. 443, 12 So.2d 378; 23 Fla.Jur., New Trial, § 61. A motion

Poirier v. Shireman

Court: Fla. Dist. Ct. App. | Date Filed: 1961-04-13T23:53:00-08:00

Citation: 129 So. 2d 439

Snippet: So.2d 28; and Allen v. Powell, 1943, 152 Fla. 443, 12 So.2d 378. Plaintiff's evidence shows that

Goldstein v. Walters

Court: Fla. Dist. Ct. App. | Date Filed: 1961-01-26T23:53:00-08:00

Citation: 126 So. 2d 759

Snippet: (Emphasis added.) In Allen v. Powell, 152 Fla. 443, 12 So.2d 378, 379, plaintiff's decedent had been