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Florida Statute 443.12 - Full Text and Legal Analysis
Florida Statute 443.012 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XXXI
LABOR
Chapter 443
REEMPLOYMENT ASSISTANCE
View Entire Chapter
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.

F.S. 443.012 on Google Scholar

F.S. 443.012 on CourtListener

Amendments to 443.012


Annotations, Discussions, Cases:

Cases Citing Statute 443.012

Total Results: 10

State Ex Rel. Hathaway v. Smith

35 So. 2d 650, 160 Fla. 485, 1948 Fla. LEXIS 773

Supreme Court of Florida | Filed: May 31, 1948 | Docket: 3269471

Cited 24 times | Published

authority for its adoption is contained in Section 443.12 (4) Florida Statutes 1941, the pertinent part

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

252 So. 2d 396, 1971 Fla. App. LEXIS 6017

District Court of Appeal of Florida | Filed: Sep 14, 1971 | Docket: 1274358

Cited 10 times | Published

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

Hustead v. Norwood

529 F. Supp. 323, 1981 U.S. Dist. LEXIS 16837

District Court, S.D. Florida | Filed: Dec 23, 1981 | Docket: 2255839

Cited 3 times | Published

Florida Unemployment Compensation Law, F.S.A., § 443.12(7) with the Bureau of Unemployment Compensation

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

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

District Court of Appeal of Florida | Filed: Dec 27, 2012 | Docket: 60234871

Cited 2 times | Published

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

Reese v. Reemployment Assistance Appeals Commission

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

District Court of Appeal of Florida | Filed: Oct 3, 2012 | Docket: 60226998

Cited 1 times | Published

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

Guillen v. Reemployment Assistance Appeals Commission

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

District Court of Appeal of Florida | Filed: Nov 21, 2012 | Docket: 60227004

Published

LAGOA. J., concurs. . Effective July 1, 2012, section 443.012 provides: (1) There is created within the Division

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

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

District Court of Appeal of Florida | Filed: Oct 3, 2012 | Docket: 60312525

Published

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

Hammett v. Florida Reemployment Assistance Appeals Commission

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

District Court of Appeal of Florida | Filed: Sep 12, 2012 | Docket: 60311757

Published

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

Ago

Florida Attorney General Reports | Filed: Dec 23, 1974 | Docket: 3255818

Published

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

Drogaris v. Martine's Inc.

118 So. 2d 95

District Court of Appeal of Florida | Filed: Jan 26, 1960 | Docket: 60194550

Published

reasonable opportunity for a fair hearing * * *.” Section 443.12(8), Florida Statutes 1957, F.S.A., provides