Florida Statute 443.36 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXI
LABOR

Chapter 443
REEMPLOYMENT ASSISTANCE

View Entire Chapter

F.S. 443.036

443.036 Definitions.—As used in this chapter, the term:

(1) “Able to work” means physically and mentally capable of performing the duties of the occupation in which work is being sought.

(2) “Agricultural labor” means any remunerated service performed:

(a) On a farm, in the employ of any person, in connection with cultivating the soil or in connection with raising or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training, and management of livestock, bees, poultry, and fur-bearing animals and wildlife.

(b) In the employ of the owner or tenant or other operator of a farm in connection with the operation, management, conservation, improvement, or maintenance of such farm and its tools and equipment, or in salvaging timber or clearing land of brush and other debris left by a hurricane if the major part of the service is performed on a farm.

(c) In connection with the production or harvesting of any commodity defined as an agricultural commodity in s. 15(g) of the Agricultural Marketing Act, as amended (46 Stat. 1550, s. 3; 12 U.S.C. s. 1141j); the ginning of cotton; or the operation or maintenance of ditches, canals, reservoirs, or waterways, not owned or operated for profit, used exclusively for supplying and storing water for farming purposes.

(d)1. In the employ of the operator of a farm in handling, planting, drying, packing, packaging, processing, freezing, grading, storing, or delivering to storage or to market or to a carrier for transportation to market, in its unmanufactured state, any agricultural or horticultural commodity, but only if the operator produced more than one-half of the commodity for which the service is performed.

2. In the employ of a group of operators of farms, or a cooperative organization of which the operators are members, in the performance of service described in subparagraph 1., but only if the operators produced more than one-half of the commodity for which the service is performed.

3. Subparagraphs 1. and 2. do not apply to service performed in connection with commercial canning or commercial freezing or in connection with any agricultural or horticultural commodity after its delivery to a terminal market for distribution for consumption or in connection with grading, packing, packaging, or processing fresh citrus fruits.

(e) On a farm operated for profit if the service is not in the course of the employer’s trade or business.

(3) “American aircraft” means an aircraft registered under the laws of the United States.

(4) “American employer” means:

(a) An individual who is a resident of the United States.

(b) A partnership, if two-thirds or more of the partners are residents of the United States.

(d) A corporation organized under the laws of the United States or of any state.

(5) “American vessel” means any vessel documented or numbered under the laws of the United States. The term includes any vessel that is neither documented or numbered under the laws of the United States, nor documented under the laws of any foreign country, if its crew is employed solely by one or more citizens or residents of the United States or corporations organized under the laws of the United States or of any state.

(6) “Available for work” means actively seeking and being ready and willing to accept suitable work.

(7) “Base period” means the first four of the last five completed calendar quarters immediately preceding the first day of an individual’s benefit year.

(8) “Benefits” means the money payable to an individual, as provided in this chapter, for his or her unemployment.

(9) “Benefit year” means, for an individual, the 1-year period beginning with the first day of the first week for which the individual first files a valid claim for benefits and, thereafter, the 1-year period beginning with the first day of the first week for which the individual next files a valid claim for benefits after the termination of his or her last preceding benefit year. Each claim for benefits made in accordance with s. 443.151(2) is a valid claim if the individual was paid wages for insured work in accordance with s. 443.091(1)(g) and is unemployed at the time of filing the claim. However, the Department of Commerce may adopt rules providing for the establishment of a uniform benefit year for all workers in one or more groups or classes of service or within a particular industry if the department determines, after notice to the industry and to the workers in the industry and an opportunity to be heard in the matter, that those groups or classes of workers in a particular industry periodically experience unemployment resulting from layoffs or shutdowns for limited periods of time.

(10) “Calendar quarter” means each period of 3 consecutive calendar months ending on March 31, June 30, September 30, and December 31 of each year.

(11) “Casual labor” means labor that is occasional, incidental, or irregular, not exceeding 200 person-hours in total duration. As used in this subsection, the term “duration” means the period of time from the commencement to the completion of the particular job or project. Services performed by an employee for his or her employer during a period of 1 calendar month or any 2 consecutive calendar months, however, are deemed to be casual labor only if the service is performed on 10 or fewer calendar days, regardless of whether those days are consecutive. If any of the services performed by an individual on a particular labor project are not casual labor, each of the services performed by the individual on that job or project may not be deemed casual labor. Services must constitute casual labor and may not be performed in the course of the employer’s trade or business for those services to be exempt under this section.

(12) “Commission” means the Reemployment Assistance Appeals Commission.

(13) “Contributing employer” means an employer who is liable for contributions under this chapter.

(14) “Contribution” means a payment of payroll tax to the Unemployment Compensation Trust Fund which is required under this chapter to finance reemployment assistance benefits.

(15) “Crew leader” means an individual who:

(a) Furnishes individuals to perform service in agricultural labor for another person.

(b) Pays, either on his or her own behalf or on behalf of the other person, the individuals furnished by him or her for the service in agricultural labor performed by those individuals.

(c) Has not entered into a written agreement with the other person under which the individual is designated as an employee of the other person.

(16) “Earned income” means gross remuneration derived from work, professional service, or self-employment. The term includes commissions, bonuses, back pay awards, and the cash value of all remuneration paid in a medium other than cash. The term does not include income derived from invested capital or ownership of property.

(17) “Educational institution” means an institution, except for an institution of higher education:

(a) In which participants, trainees, or students are offered an organized course of study or training designed to transfer to them knowledge, skills, information, doctrines, attitudes, or abilities from, by, or under the guidance of, an instructor or teacher;

(b) That is approved, licensed, or issued a permit to operate as a school by the Department of Education or other governmental agency that is authorized within the state to approve, license, or issue a permit for the operation of a school; and

(c) That offers courses of study or training which are academic, technical, trade, or preparation for gainful employment in a recognized occupation.

(18) “Employee leasing company” means an employing unit that has a valid and active license under chapter 468 and that maintains the records required by s. 443.171(5) and, in addition, is responsible for producing quarterly reports concerning the clients of the employee leasing company and the internal staff of the employee leasing company. As used in this subsection, the term “client” means a party who has contracted with an employee leasing company to provide a worker, or workers, to perform services for the client. Leased employees include employees subsequently placed on the payroll of the employee leasing company on behalf of the client. An employee leasing company must notify the tax collection service provider within 30 days after the initiation or termination of the company’s relationship with any client company under chapter 468.

(19) “Employer” means an employing unit subject to this chapter under s. 443.1215.

(20) “Employing unit” means an individual or type of organization, including a partnership, limited liability company, association, trust, estate, joint-stock company, insurance company, or corporation, whether domestic or foreign; the receiver, trustee in bankruptcy, trustee, or successor of any of the foregoing; or the legal representative of a deceased person, which has or had in its employ one or more individuals performing services for it within this state.

(a) Each individual employed to perform or to assist in performing the work of any agent or employee of an employing unit is deemed to be employed by the employing unit for the purposes of this chapter, regardless of whether the individual was hired or paid directly by the employing unit or by an agent or employee of the employing unit, if the employing unit had actual or constructive knowledge of the work.

(b) Each individual performing services in this state for an employing unit maintaining at least two separate establishments in this state is deemed to be performing services for a single employing unit for the purposes of this chapter.

(c) A person who is an officer of a corporation, or a member of a limited liability company classified as a corporation for federal income tax purposes, and who performs services for the corporation or limited liability company in this state, regardless of whether those services are continuous, is deemed an employee of the corporation or the limited liability company during all of each week of his or her tenure of office, regardless of whether he or she is compensated for those services. Services are presumed to be rendered for the corporation in cases in which the officer is compensated by means other than dividends upon shares of stock of the corporation owned by him or her.

(d) A limited liability company shall be treated as having the same status as it is classified for federal income tax purposes. However, a single-member limited liability company shall be treated as the employer.

(21) “Employment” means a service subject to this chapter under s. 443.1216 which is performed by an employee for the person employing him or her.

(22) “Farm” includes stock, dairy, poultry, fruit, fur-bearing animal, and truck farms, plantations, ranches, nurseries, ranges, greenhouses or other similar structures used primarily for the raising of agricultural or horticultural commodities, and orchards.

(23) “Fund” means the Unemployment Compensation Trust Fund created under this chapter, into which all contributions and reimbursements required under this chapter are deposited and from which all benefits provided under this chapter are paid.

(24) “High quarter” means the quarter in an individual’s base period in which the individual has the greatest amount of wages paid, regardless of the number of employers paying wages in that quarter.

(25) “Hospital” means an institution that is licensed, certified, or approved by the Agency for Health Care Administration as a hospital.

(26) “Institution of higher education” means an educational institution that:

(a) Admits as regular students only individuals having a certificate of graduation from a high school, or the recognized equivalent of a certificate of graduation;

(b) Is legally authorized in this state to provide a program of education beyond high school;

(c) Provides an educational program for which it awards a bachelor’s or higher degree, or provides a program that is acceptable for full credit toward a bachelor’s or higher degree; a program of postgraduate or postdoctoral studies; or a program of training to prepare students for gainful employment in a recognized occupation; and

(d) Is a public or other nonprofit institution.

The term includes each community college and state university in this state, and each other institution in this state authorized under s. 1005.03 to use the designation “college” or “university.”

(27) “Insured work” means employment for employers.

(28) “Leave of absence” means a temporary break in service to an employer, for a specified period of time, during which the employing unit guarantees the same or a comparable position to the worker at the expiration of the leave.

(29) “Misconduct,” irrespective of whether the misconduct occurs at the workplace or during working hours, includes, but is not limited to, the following, which may not be construed in pari materia with each other:

(a) Conduct demonstrating conscious disregard of an employer’s interests and found to be a deliberate violation or disregard of the reasonable standards of behavior which the employer expects of his or her employee. Such conduct may include, but is not limited to, willful damage to an employer’s property that results in damage of more than $50, or theft of employer property or property of a customer or invitee of the employer.

(b) Carelessness or negligence to a degree or recurrence that manifests culpability or wrongful intent, or shows an intentional and substantial disregard of the employer’s interests or of the employee’s duties and obligations to his or her employer.

(c) Chronic absenteeism or tardiness in deliberate violation of a known policy of the employer or one or more unapproved absences following a written reprimand or warning relating to more than one unapproved absence.

(d) A willful and deliberate violation of a standard or regulation of this state by an employee of an employer licensed or certified by this state, which violation would cause the employer to be sanctioned or have its license or certification suspended by this state.

(e)1. A violation of an employer’s rule, unless the claimant can demonstrate that:

a. He or she did not know, and could not reasonably know, of the rule’s requirements;

b. The rule is not lawful or not reasonably related to the job environment and performance; or

c. The rule is not fairly or consistently enforced.

2. Such conduct may include, but is not limited to, committing criminal assault or battery on another employee, or on a customer or invitee of the employer or committing abuse or neglect of a patient, resident, disabled person, elderly person, or child in her or his professional care.

(30) “Monetary determination” means a determination of whether and in what amount a claimant is eligible for benefits based on the claimant’s employment during the base period of the claim.

(31) “Nonmonetary determination” means a determination of the claimant’s eligibility for benefits based on an issue other than monetary entitlement and benefit overpayment.

(32) “Not in the course of the employer’s trade or business” means not promoting or advancing the trade or business of the employer.

(33) “One-stop career center” means a service site established and maintained as part of the one-stop delivery system under s. 445.009.

(34) “Pay period” means a period of 31 or fewer consecutive days for which a payment or remuneration is ordinarily made to the employee by the person employing him or her.

(35) “Public employer” means:

(a) A state agency or political subdivision of the state;

(b) An instrumentality that is wholly owned by one or more state agencies or political subdivisions of the state; or

(c) An instrumentality that is wholly owned by one or more state agencies, political subdivisions, or instrumentalities of the state and one or more state agencies or political subdivisions of one or more other states.

(36) “Reasonable assurance” means a written or verbal agreement, an agreement between an employer and a worker understood through tradition within the trade or occupation, or an agreement defined in an employer’s policy.

(37) “Reemployment assistance” means cash benefits payable to individuals with respect to their unemployment pursuant to the provisions of this chapter. Where the context requires, reemployment assistance also means cash benefits payable to individuals with respect to their unemployment pursuant to 5 U.S.C. ss. 8501-8525, 26 U.S.C. ss. 3301-3311, 42 U.S.C. ss. 501-504, 1101-1110, and 1321-1324, or pursuant to state laws which have been certified pursuant to 26 U.S.C. s. 3304 and 42 U.S.C. s. 503. Any reference to reemployment assistance shall mean compensation payable from an unemployment fund as defined in 26 U.S.C. s. 3306(f).

(38) “Reimbursement” means a payment of money to the Unemployment Compensation Trust Fund in lieu of a contribution which is required under this chapter to finance reemployment assistance benefits.

(39) “Reimbursing employer” means an employer who is liable for reimbursements in lieu of contributions under this chapter.

(40) “State” includes the states of the United States, the District of Columbia, Canada, the Commonwealth of Puerto Rico, and the Virgin Islands.

(41) “State law” means the unemployment insurance law of any state, approved by the United States Secretary of Labor under s. 3304 of the Internal Revenue Code of 1954.

(42) “Tax collection service provider” or “service provider” means the state agency providing reemployment assistance tax collection services under contract with the Department of Commerce through an interagency agreement pursuant to s. 443.1316.

(43) “Temporary layoff” means:

(a) An individual’s job separation due to lack of work which does not exceed 8 consecutive weeks and which has a fixed or approximate return-to-work date; or

(b) An individual’s employer-initiated furlough that causes a mandatory complete stoppage of work if such furlough is temporary and the individual remains job attached and is expected to return to work with the employer.

(44) “Unemployment” or “unemployed” means:

(a) An individual is “totally unemployed” in any week during which he or she does not perform any services and for which earned income is not payable to him or her. An individual is “partially unemployed” in any week of less than full-time work if the earned income payable to him or her for that week is less than his or her weekly benefit amount. The Department of Commerce may adopt rules prescribing distinctions in the procedures for unemployed individuals based on total unemployment, part-time unemployment, partial unemployment of individuals attached to their regular jobs, and other forms of short-time work.

(b) An individual’s week of unemployment commences only after registration with the Department of Commerce as required in s. 443.091.

(45) “Wages” means remuneration subject to this chapter under s. 443.1217.

(46) “Week” means a period of 7 consecutive days as defined in the rules of the Department of Commerce. The department may by rule prescribe that a week is deemed to be “in,” “within,” or “during” the benefit year that contains the greater part of the week.

History.—s. 3, ch. 18402, 1937; s. 1, ch. 19637, 1939; CGL 1940 Supp. 4151(490); s. 3, ch. 20685, 1941; s. 1, ch. 21983, 1943; s. 7, ch. 22858, 1945; s. 1, ch. 24085, 1947; s. 10, ch. 26484, 1951; s. 1, ch. 26878, 1951; ss. 1, 2, ch. 26879, 1951; ss. 1, 2, ch. 28242, 1953; ss. 1, 2, chs. 29771, 29772, 1955; ss. 1, 2, 3, ch. 57-228; ss. 1, 2, ch. 61-228; s. 2, ch. 61-119; s. 1, ch. 61-132; s. 1, ch. 63-56; ss. 1, 2, ch. 63-155; s. 1, ch. 65-196; ss. 17, 35, ch. 69-106; ss. 1, 2, 3, ch. 71-225; s. 1, ch. 71-226; s. 165, ch. 71-377; s. 2, ch. 73-283; s. 117, ch. 73-333; s. 1, ch. 74-198; s. 1, ch. 75-39; s. 19, ch. 77-121; s. 1, ch. 77-262; s. 1, ch. 77-393; s. 1, ch. 77-399; s. 3, ch. 78-386; s. 21, ch. 79-7; s. 181, ch. 79-400; s. 1, ch. 80-50; ss. 2, 8, 9, ch. 80-95; ss. 1, 2, ch. 80-345; s. 282, ch. 81-259; s. 1, ch. 82-81; s. 1, ch. 83-10; s. 9, ch. 83-174; s. 1, ch. 83-186; s. 1, ch. 84-123; s. 1, ch. 84-200; s. 1, ch. 85-22; s. 68, ch. 85-81; s. 2, ch. 85-126; s. 1, ch. 86-227; s. 1, ch. 87-383; s. 2, ch. 88-289; s. 1, ch. 93-153; s. 1, ch. 94-347; s. 1, ch. 96-287; s. 1, ch. 96-374; ss. 1, 2, 10, ch. 96-378; ss. 1, 3, ch. 96-411; s. 19, ch. 96-423; s. 2, ch. 97-29; s. 1058, ch. 97-103; s. 4, ch. 98-149; s. 1, ch. 98-154; s. 212, ch. 99-8; s. 100, ch. 2000-153; s. 21, ch. 2000-157; s. 58, ch. 2002-194; ss. 17, 18, ch. 2003-36; s. 55, ch. 2003-164; s. 25, ch. 2003-254; s. 2, ch. 2009-101; s. 6, ch. 2010-90; s. 17, ch. 2010-138; s. 352, ch. 2011-142; s. 3, ch. 2011-235; s. 61, ch. 2012-5; s. 3, ch. 2012-30; s. 68, ch. 2012-96; s. 41, ch. 2013-39; s. 18, ch. 2014-218; s. 8, ch. 2021-25; s. 173, ch. 2024-6.

Note.—Former s. 443.03.

F.S. 443.036 on Google Scholar

F.S. 443.036 on CourtListener

Amendments to 443.036

Annotations, Discussions, Cases:

Cases Citing Statute 443.036

Total Results: 368

Doyle v. FLA. UNEMP. APPEALS COM'N

635 So. 2d 1028, 1994 WL 141236

District Court of Appeal of Florida | Filed: Apr 22, 1994 | Docket: 1353452

Cited 27 times | Published

level of misconduct as that term is defined in section 443.036(26), Florida Statutes (1991). We agree and

Hines v. Dept. of Labor & Emp. SEC.

455 So. 2d 1104

District Court of Appeal of Florida | Filed: Sep 18, 1984 | Docket: 1316663

Cited 26 times | Published

employee's duties and obligations to his employer. § 443.036(24), Fla. Stat. (1983). The two contributing factors

Benitez v. Girlfriday, Inc.

609 So. 2d 665, 1992 WL 348387

District Court of Appeal of Florida | Filed: Nov 24, 1992 | Docket: 1473972

Cited 23 times | Published

Commw. 264, 360 A.2d 763, 765 (1976). Under section 443.036(26), Florida Statutes (1991), "misconduct"

Ford v. Southeast Atlantic Corp.

588 So. 2d 1039, 1991 WL 231784

District Court of Appeal of Florida | Filed: Nov 6, 1991 | Docket: 1297414

Cited 21 times | Published

employee's duties and obligations to his employer. § 443.036(26), Fla. Stat. (1989). In the instant case, the

Hummer v. Unemployment Appeals Com'n

573 So. 2d 135, 6 I.E.R. Cas. (BNA) 176, 1991 Fla. App. LEXIS 129, 1991 WL 1090

District Court of Appeal of Florida | Filed: Jan 10, 1991 | Docket: 479176

Cited 21 times | Published

employee's duties and obligations to his employer. § 443.036(26), Fla. Stat. (1989). In determining whether

Gulf Solar, Inc. v. Westfall

447 So. 2d 363, 116 L.R.R.M. (BNA) 2436

District Court of Appeal of Florida | Filed: Mar 9, 1984 | Docket: 1674710

Cited 21 times | Published

section 440.02(12), Florida Statutes (1981), and section 443.036(31)(a), Florida Statutes (1981). Each section

Mason v. Load King Mfg. Co.

758 So. 2d 649, 2000 WL 565102

Supreme Court of Florida | Filed: May 11, 2000 | Docket: 1726191

Cited 20 times | Published

DCA 1982), an employer has the burden under section 443.036(24), Florida Statutes, to show misconduct with

Bulkan v. FLA. UNEMPLOYMENT APPEALS

648 So. 2d 846, 1995 WL 15517

District Court of Appeal of Florida | Filed: Jan 18, 1995 | Docket: 1342566

Cited 20 times | Published

with his work, if so found by the division. Section 443.036(26), defines misconduct as: Misconduct. "Misconduct"

Tallahassee Housing v. Unemp. Appeals Com'n

483 So. 2d 413, 11 Fla. L. Weekly 27

Supreme Court of Florida | Filed: Jan 9, 1986 | Docket: 1511971

Cited 20 times | Published

basis of excessive absenteeism must, under section 443.036(24), Florida Statutes (1983), show by a preponderance

Maynard v. FLORIDA UNEMP. APP. COM'N

609 So. 2d 143, 1992 WL 353177

District Court of Appeal of Florida | Filed: Dec 2, 1992 | Docket: 1473942

Cited 18 times | Published

schedule as misconduct connected with work. Section 443.036(26), Florida Statutes (1991), defines the term

Gulf County School Bd. v. Washington

567 So. 2d 420, 15 Fla. L. Weekly Supp. 435, 1990 Fla. LEXIS 1102, 1990 WL 130211

Supreme Court of Florida | Filed: Sep 6, 1990 | Docket: 1380246

Cited 18 times | Published

purposes of the Unemployment Compensation Law, section 443.036(25), Florida Statutes (1987), defines misconduct

Cooks v. UNEMPLOYMENT APPEALS COM'N

670 So. 2d 178, 1996 WL 134590

District Court of Appeal of Florida | Filed: Mar 27, 1996 | Docket: 1246087

Cited 17 times | Published

employer has the right to expect of his employee[.]" § 443.036(26), Fla.Stat. (1993). In determining whether

Betancourt v. Sun Bank Miami, NA

672 So. 2d 37, 1996 Fla. App. LEXIS 222, 1996 WL 13984

District Court of Appeal of Florida | Filed: Jan 17, 1996 | Docket: 1763654

Cited 17 times | Published

work." § 443.101(1), Fla.Stat. (1993). Under section 443.036(26), Florida Statutes (1993), "misconduct"

Pascarelli v. UNEMPLOYMENT APPEALS COM'N

664 So. 2d 1089, 1995 WL 722905

District Court of Appeal of Florida | Filed: Dec 8, 1995 | Docket: 1230245

Cited 17 times | Published

2d DCA 1993). "Misconduct" is defined in section 443.036(26), Florida Statutes (1995): (26) Misconduct

Lewis v. Unemployment Appeals Com'n

498 So. 2d 608, 11 Fla. L. Weekly 2535, 1986 Fla. App. LEXIS 11188

District Court of Appeal of Florida | Filed: Dec 4, 1986 | Docket: 1699968

Cited 16 times | Published

finding of misconduct. Misconduct is defined by section 443.036(24), Florida Statutes (1985), as follows: (24)

Johnson v. Fla. Unemp. Appeals Com'n

513 So. 2d 1098

District Court of Appeal of Florida | Filed: Oct 13, 1987 | Docket: 1295179

Cited 15 times | Published

the employee was guilty of misconduct under Section 443.036(24), Florida Statutes (1985),[2] and thus render

Livingston v. TUCKER CONST. & ENGINEER.

656 So. 2d 499, 1995 WL 144788

District Court of Appeal of Florida | Filed: Apr 5, 1995 | Docket: 1283381

Cited 14 times | Published

benefits for misconduct in connection with work, section 443.036(26), Florida Statutes (1993), the statute defining

Davis v. FLA. UNEMPLOYMENT APPEALS

472 So. 2d 800, 10 Fla. L. Weekly 1629

District Court of Appeal of Florida | Filed: Jul 2, 1985 | Docket: 1793839

Cited 14 times | Published

law, constitute "misconduct" as defined by Section 443.036(24), Florida Statutes (1983), and consequently

Gilbert v. Department of Corrections

696 So. 2d 416, 1997 WL 352904

District Court of Appeal of Florida | Filed: Jun 27, 1997 | Docket: 1696227

Cited 13 times | Published

work. § 443.101(1)(a), Fla. Stat. (1995). Section 443.036(26), Florida Statutes (1995), defines "misconduct"

Gunther v. Barnett Banks, Inc.

598 So. 2d 243, 1992 WL 93577

District Court of Appeal of Florida | Filed: May 8, 1992 | Docket: 1472672

Cited 13 times | Published

substantial disregard of the employer's interests." § 443.036(26), Fla. Stat. (1989). The employer has the burden

Smith v. Krugman-Kadi

547 So. 2d 677, 1989 WL 77481

District Court of Appeal of Florida | Filed: Jul 18, 1989 | Docket: 1474713

Cited 13 times | Published

actions amounted to "misconduct" as defined in section 443.036(25), Fla. Stat. (1987). We find merit in the

Anderson v. Unemployment Appeals Com'n

822 So. 2d 563, 2002 WL 1768986

District Court of Appeal of Florida | Filed: Aug 2, 2002 | Docket: 1757145

Cited 12 times | Published

duties and obligations to his or her employer. § 443.036(29)(a), (b), Fla. Stat. (2000). The Unemployment

Fiedler v. Burdines, Inc.

654 So. 2d 1276, 1995 WL 302293

District Court of Appeal of Florida | Filed: May 19, 1995 | Docket: 1710309

Cited 12 times | Published

employee's duties and obligations to his employer. § 443.036(26), Fla. Stat. (1993). Misconduct usually involves

STATE DEPT. OF GEN. SERV. v. English

534 So. 2d 726

District Court of Appeal of Florida | Filed: Oct 14, 1988 | Docket: 1358922

Cited 12 times | Published

misconduct connected with work as defined in section 443.036(24), Florida Statutes (1985). The claims examiner's

Sears, Roebuck & Company v. Fla. Unemp. Appeals Com'n

463 So. 2d 465

District Court of Appeal of Florida | Filed: Feb 6, 1985 | Docket: 448858

Cited 12 times | Published

the definition of misconduct contained in section 443.036(24), Florida Statutes (1983): *466 (24) MISCONDUCT

Barchoff v. Shells of St. Pete Beach, Inc.

787 So. 2d 935, 2001 WL 574840

District Court of Appeal of Florida | Filed: May 30, 2001 | Docket: 1496332

Cited 11 times | Published

denied unemployment compensation benefits. Section 443.036(29), Florida Statutes (2000), defines "misconduct"

Donnell v. University Community Hosp.

705 So. 2d 1031, 1998 WL 44984

District Court of Appeal of Florida | Filed: Feb 6, 1998 | Docket: 1753735

Cited 11 times | Published

employee does not constitute misconduct under section 443.036(26), Florida Statutes (1993). See Lucas v.

Yost v. UNEMPLOYMENT APPEALS COM'N

848 So. 2d 1235, 2003 WL 21536703

District Court of Appeal of Florida | Filed: Jul 9, 2003 | Docket: 1309443

Cited 10 times | Published

would constitute misconduct as defined in section 443.036(29).[1]Id. at 1192. Certainly, the deficiency

Kelley v. PUEBLO WHOLESALE CO. INC.

627 So. 2d 534, 1993 WL 460648

District Court of Appeal of Florida | Filed: Nov 9, 1993 | Docket: 1529853

Cited 10 times | Published

"misconduct" as defined by Florida Statutes, Section 443.036(26) (1991). Dian Kelley was employed for over

Trinh Trung Do v. Amoco Oil Co.

510 So. 2d 1063, 12 Fla. L. Weekly 1859

District Court of Appeal of Florida | Filed: Jul 29, 1987 | Docket: 1586832

Cited 10 times | Published

that term is defined by subsection (24) of section 443.036, Florida Statutes (1985). A discharged employee

A Nu Transfer, Inc. v. DEPT. OF LABOR, ETC.

427 So. 2d 305

District Court of Appeal of Florida | Filed: Feb 22, 1983 | Docket: 1648192

Cited 10 times | Published

drivers" are in "employment" pursuant *306 to Section 443.036(17), Florida Statutes, (1981). The appellant

Frazier v. Home Shopping Club LP

784 So. 2d 1190, 26 Fla. L. Weekly Fed. D 999

District Court of Appeal of Florida | Filed: Apr 11, 2001 | Docket: 1744100

Cited 9 times | Published

misconduct connected with work. We disagree. Section 443.036(29), Florida Statutes (1999), defines "misconduct"

Frazier v. Home Shopping Club LP

784 So. 2d 1190, 26 Fla. L. Weekly Fed. D 999

District Court of Appeal of Florida | Filed: Apr 11, 2001 | Docket: 1744100

Cited 9 times | Published

misconduct connected with work. We disagree. Section 443.036(29), Florida Statutes (1999), defines "misconduct"

Jackson v. UNEMPLOYMENT APPEALS COM'N

730 So. 2d 719, 1999 WL 49130

District Court of Appeal of Florida | Filed: Feb 5, 1999 | Docket: 1755309

Cited 9 times | Published

duties and obligations to his or her employer. § 443.036(26), Fla. Stat. (1997). "Misconduct serious enough

Webb v. Rice

693 So. 2d 1109, 1997 WL 268349

District Court of Appeal of Florida | Filed: May 21, 1997 | Docket: 2527427

Cited 9 times | Published

with work. § 443.101(1)(a), Fla.Stat. (1995). Section 443.036(26), Florida Statutes (1995), defines "misconduct"

Fink v. Fla. Unemployment Appeals Com'n

665 So. 2d 373, 1996 WL 1123

District Court of Appeal of Florida | Filed: Jan 3, 1996 | Docket: 1351492

Cited 9 times | Published

Oil Co., 510 So.2d 1063 (Fla. 4th DCA 1987); § 443.036(26), Fla. Stat. (1993). The Florida Unemployment

Miller v. Barnett Bank of Broward County

650 So. 2d 1089, 1995 WL 68746

District Court of Appeal of Florida | Filed: Feb 22, 1995 | Docket: 1346567

Cited 9 times | Published

work." § 443.101(1), Fla. Stat. (1993). Under section 443.036(26), Florida Statutes (1993), "misconduct"

Paul v. Jabil Circuit Co.

627 So. 2d 545, 1993 WL 477692

District Court of Appeal of Florida | Filed: Nov 17, 1993 | Docket: 1551970

Cited 9 times | Published

sufficient to prove misconduct as defined in section 443.036(26), Florida Statutes (1991). See Seger v.

Rogers v. UNEMPLOYMENT APPEALS COM'N

597 So. 2d 382, 1992 WL 75648

District Court of Appeal of Florida | Filed: Apr 17, 1992 | Docket: 1351078

Cited 9 times | Published

employee's duties and obligations to his employer. § 443.036(24), Fla. Stat. (1985). The burden of proving

Freddo v. UNEMPLOYMENT APPEALS COM'N

685 So. 2d 874, 1996 WL 637238

District Court of Appeal of Florida | Filed: Nov 6, 1996 | Docket: 1735121

Cited 8 times | Published

substantial disregard of his employer's interest. See § 443.036(26), Fla. Stat. (1995). The UAC improperly reweighed

TURNBERRY ISLE RESORT v. Fernandez

666 So. 2d 254, 1996 Fla. App. LEXIS 228, 1996 WL 13992

District Court of Appeal of Florida | Filed: Jan 17, 1996 | Docket: 452588

Cited 8 times | Published

medium other than cash." § 443.036(33)(a), Fla. Stat. (1993). Section 443.036(33)(b) provides the payments

Seger v. DANNER CONST. CO., INC.

611 So. 2d 82, 1992 WL 386373

District Court of Appeal of Florida | Filed: Dec 30, 1992 | Docket: 1757407

Cited 8 times | Published

his duties and obligations to his employer." Section 443.036(26), Florida Statutes (1991), actually defines

General Asphalt Co., Inc. v. Harris

563 So. 2d 803, 1990 WL 88091

District Court of Appeal of Florida | Filed: Jun 26, 1990 | Docket: 1281586

Cited 8 times | Published

commission's order is hereby affirmed. NOTES [1] Section 443.036(26), Florida Statutes (1989), provides as follows:

Daniels v. UNEMPLOYMENT APPEALS COM'N

531 So. 2d 1047, 1988 WL 102574

District Court of Appeal of Florida | Filed: Oct 5, 1988 | Docket: 544201

Cited 8 times | Published

employee's duties and obligations to his employer. § 443.036(24), Fla. Stat. (1985). Daniels was attempting

Cargill, Inc. v. Hill

503 So. 2d 1340, 12 Fla. L. Weekly 731

District Court of Appeal of Florida | Filed: Mar 11, 1987 | Docket: 1733156

Cited 8 times | Published

circumstances, misconduct within the meaning of Section 443.036(24), Florida Statutes.[1] We affirm. The misconduct

Kraft v. STATE, UNEMPL. APPEALS COM'N

478 So. 2d 1183, 10 Fla. L. Weekly 2627

District Court of Appeal of Florida | Filed: Nov 27, 1985 | Docket: 1741669

Cited 8 times | Published

disqualify the employee for benefits as defined in section 443.036(24)(a), Florida Statutes (1983). A change in

DO Creasman Elect. v. ST. DEPT. OF LABOR

458 So. 2d 894

District Court of Appeal of Florida | Filed: Nov 16, 1984 | Docket: 1452178

Cited 8 times | Published

appellant as cable splicers are "employees" under section 443.036(17), Florida Statutes (1983). FINDINGS OF

Langley v. UNEMPLOYMENT APPEALS COM'N

444 So. 2d 518, 1984 Fla. App. LEXIS 11382

District Court of Appeal of Florida | Filed: Jan 20, 1984 | Docket: 1510674

Cited 8 times | Published

in affirming it. Misconduct is defined by Section 443.036(24), Florida Statutes (Supp. 1982): (24) MISCONDUCT

US Tel. Co. v. St. Dept. of Labor

410 So. 2d 1002

District Court of Appeal of Florida | Filed: Mar 16, 1982 | Docket: 477683

Cited 8 times | Published

03(5), Florida Statutes (1979), transferred to section 443.036(17), Florida Statutes (1981). We reverse. United

Ash v. FLORIDA UNEMPLOYMENT APPEALS COM'N

872 So. 2d 400, 2004 Fla. App. LEXIS 6105, 2004 WL 942630

District Court of Appeal of Florida | Filed: May 4, 2004 | Docket: 1357191

Cited 7 times | Published

actions constituted misconduct as defined in section 443.036(29), Florida Statutes (2002), and ordered that

Ash v. FLORIDA UNEMPLOYMENT APPEALS COM'N

872 So. 2d 400, 2004 Fla. App. LEXIS 6105, 2004 WL 942630

District Court of Appeal of Florida | Filed: May 4, 2004 | Docket: 1357191

Cited 7 times | Published

actions constituted misconduct as defined in section 443.036(29), Florida Statutes (2002), and ordered that

Cullen v. Neighborly Senior Services, Inc.

775 So. 2d 392, 2000 WL 1838316

District Court of Appeal of Florida | Filed: Dec 15, 2000 | Docket: 1667993

Cited 7 times | Published

level of misconduct as that term is defined in section 443.036(29), Florida Statutes (1999), and we reverse

Lusby v. Unemployment Appeals Com'n

697 So. 2d 567, 1997 Fla. App. LEXIS 8239, 1997 WL 404973

District Court of Appeal of Florida | Filed: Jul 22, 1997 | Docket: 1777169

Cited 7 times | Published

Comm'n, 573 So.2d 135, 137 (Fla. 5th DCA 1991). Section 443.036(26), Florida Statutes (1995), defines disqualifying

Underhill v. Publix Super Markets, Inc.

610 So. 2d 48, 17 Fla. L. Weekly Fed. D 2748

District Court of Appeal of Florida | Filed: Dec 8, 1992 | Docket: 1413240

Cited 7 times | Published

constituted employment misconduct as defined in section 443.036(26), Florida Statutes (1991), justifying a

Clay County Sheriff's Office v. Loos

570 So. 2d 394, 1990 Fla. App. LEXIS 8724, 1990 WL 178640

District Court of Appeal of Florida | Filed: Nov 16, 1990 | Docket: 1350027

Cited 7 times | Published

constitute misconduct within the meaning of section 443.036(26), Florida Statutes. Specifically, the Commission's

Shacklett v. State

460 So. 2d 557

District Court of Appeal of Florida | Filed: Dec 14, 1984 | Docket: 1765940

Cited 7 times | Published

Unemployment Compensation Law is defined in section 443.036(24), Florida Statutes (1981), as: "Misconduct"

Chapman v. Florida Unemployment Appeals Commission

15 So. 3d 716, 2009 Fla. App. LEXIS 9549, 2009 WL 2004159

District Court of Appeal of Florida | Filed: Jul 13, 2009 | Docket: 1660846

Cited 6 times | Published

pursuant to the applicable statutes and rule. See § 443.036(1), 443.036(6), and 443.09(1)(c), Fla. Stat. (2007);

Thomas v. United Parcel Service, Inc.

864 So. 2d 567, 2004 WL 126369

District Court of Appeal of Florida | Filed: Jan 27, 2004 | Docket: 1426071

Cited 6 times | Published

benefits. § 443.101(1)(a), Fla. Stat. (2002). Section 443.036(29) defines "misconduct" as including, but

Baptiste v. Waste Management, Inc.

701 So. 2d 386, 1997 Fla. App. LEXIS 12257, 1997 WL 697941

District Court of Appeal of Florida | Filed: Nov 5, 1997 | Docket: 1448458

Cited 6 times | Published

Baptiste's actions were "misconduct" as defined by section 443.036(26), Florida Statutes (1996). "Misconduct"

Johnson v. UNEMPLOYMENT APPEALS COM'N

680 So. 2d 1073, 1996 Fla. App. LEXIS 10347, 1996 WL 562435

District Court of Appeal of Florida | Filed: Oct 4, 1996 | Docket: 1663873

Cited 6 times | Published

misconduct connected with their employment. Section 443.036(26), Florida Statutes (1995), defines misconduct

Scholastic Book Fairs v. UNEMPLOY. APPEALS

671 So. 2d 287, 1996 WL 168914

District Court of Appeal of Florida | Filed: Apr 12, 1996 | Docket: 1247483

Cited 6 times | Published

"misconduct." See § 443.101, Fla.Stat. (1993). Section 443.036 defines misconduct as (a) conduct evincing

Studor Inc. v. Duren

635 So. 2d 141, 1994 WL 128013

District Court of Appeal of Florida | Filed: Apr 15, 1994 | Docket: 1352825

Cited 6 times | Published

misconduct in connection with his employment under section 443.036(26), Florida Statutes (1991). The UAC reversed

Rubido v. Brinks, Inc.

601 So. 2d 1298, 1992 WL 153919

District Court of Appeal of Florida | Filed: Jul 7, 1992 | Docket: 1305319

Cited 6 times | Published

religious activities in classroom held misconduct); § 443.036(26), Fla. Stat. (1991). While in certain contexts

Barragan v. Williams Island

568 So. 2d 106, 1990 WL 154882

District Court of Appeal of Florida | Filed: Oct 16, 1990 | Docket: 1526686

Cited 6 times | Published

misconduct connected with work pursuant to section 443.036(26), Florida Statutes (1988). We affirm. The

Anderson v. Unemployment Appeals Comm'n

517 So. 2d 754, 1987 WL 29025

District Court of Appeal of Florida | Filed: Dec 30, 1987 | Docket: 1527977

Cited 6 times | Published

statutory definition of "misconduct" contained in section 443.036(24), Florida Statutes (1985)[1] nor the case

Thorkelson v. NY Pizza & Pasta Inc.

956 So. 2d 542, 2007 WL 1459846

District Court of Appeal of Florida | Filed: May 21, 2007 | Docket: 1740515

Cited 5 times | Published

duties and obligations to his or her employer. § 443.036(29)(a-b), Fla. Stat. (2004). Our supreme court

McCarty v. UNEMPLOYMENT APPEALS COM'N

878 So. 2d 432, 2004 WL 1531741

District Court of Appeal of Florida | Filed: Jul 9, 2004 | Docket: 1359781

Cited 5 times | Published

for unemployment compensation benefits under section 443.036(29), Florida Statutes (2002), but we share

Garcia v. FL. UNEMPLOYMENT APPEALS COMMISSION

872 So. 2d 966, 2004 Fla. App. LEXIS 5449, 2004 WL 840164

District Court of Appeal of Florida | Filed: Apr 21, 2004 | Docket: 1356811

Cited 5 times | Published

employee's duties and obligations to his employer. § 443.036(29), Fla. Stat. (2003). In interpreting this statute

Spink v. Unemployment Appeals Com'n

798 So. 2d 899, 2001 Fla. App. LEXIS 15830, 2001 WL 1386082

District Court of Appeal of Florida | Filed: Nov 9, 2001 | Docket: 1668324

Cited 5 times | Published

finding is, on its face, insufficient to salsify section 443.036(29), which provides: Misconduct."Misconduct"

Brooks v. UNEMPLOYMENT APPEALS COM'N

695 So. 2d 879, 1997 Fla. App. LEXIS 6957, 1997 WL 336588

District Court of Appeal of Florida | Filed: Jun 20, 1997 | Docket: 1522061

Cited 5 times | Published

employee's duties and obligations to his employer. § 443.036(26), Fla. Stat. (1995). Here, the appeals referee

Brooks v. UNEMPLOYMENT APPEALS COM'N

695 So. 2d 879, 1997 Fla. App. LEXIS 6957, 1997 WL 336588

District Court of Appeal of Florida | Filed: Jun 20, 1997 | Docket: 1522061

Cited 5 times | Published

employee's duties and obligations to his employer. § 443.036(26), Fla. Stat. (1995). Here, the appeals referee

Foote v. UNEMPLOYMENT APPEALS COM'N

659 So. 2d 1232, 1995 Fla. App. LEXIS 9017, 1995 WL 502087

District Court of Appeal of Florida | Filed: Aug 25, 1995 | Docket: 2014908

Cited 5 times | Published

employee's duties and obligations to his employer. § 443.036(26), Fla. Stat. (1993). In determining whether

Bapco v. Unemployment Appeals Com'n.

654 So. 2d 292

District Court of Appeal of Florida | Filed: May 5, 1995 | Docket: 1303745

Cited 5 times | Published

"misconduct." "`Misconduct" is defined by Section 443.036(26), Florida Statutes (1991) as follows: MISCONDUCT

Rosmond v. Unemployment Appeals Com'n

651 So. 2d 233, 1995 Fla. App. LEXIS 2070, 1995 WL 84478

District Court of Appeal of Florida | Filed: Mar 3, 1995 | Docket: 476688

Cited 5 times | Published

manifest culpability, wrong intent or evil design." § 443.036(26), Fla. Stat. (1993). In determining whether

Suluki v. Unemployment Appeals Com'n

644 So. 2d 552, 1994 Fla. App. LEXIS 9611, 1994 WL 543589

District Court of Appeal of Florida | Filed: Oct 7, 1994 | Docket: 1248436

Cited 5 times | Published

of Appellate Procedure 9.030(b)(1)(C). [2] Section 443.036(26) of the Florida Statutes defines misconduct

Thurber v. HILLIER & WANLESS, PA

642 So. 2d 75, 1994 WL 467094

District Court of Appeal of Florida | Filed: Aug 31, 1994 | Docket: 550008

Cited 5 times | Published

G., Associate Judge, concur. NOTES [1] In section 443.036(26), Florida Statutes, misconduct is defined

Wiggins v. Southern Management Corp.

629 So. 2d 1022, 1993 WL 538231

District Court of Appeal of Florida | Filed: Dec 29, 1993 | Docket: 1264168

Cited 5 times | Published

Department of Labor and Employment Security. § 443.036(13), Fla. Stat. The latter department is an administrative

Hubbard v. BT. TERMITE & PEST CONTROL

627 So. 2d 581, 1993 WL 496057

District Court of Appeal of Florida | Filed: Dec 1, 1993 | Docket: 1752983

Cited 5 times | Published

rise to the level of misconduct defined in section 443.036(26), Florida Statutes (1991). While Mrs. Hubbard's

Gadsden v. FLA. UNEMPLOYMENT APPEALS COMM.

616 So. 2d 1196, 1993 WL 125109

District Court of Appeal of Florida | Filed: Apr 21, 1993 | Docket: 1366927

Cited 5 times | Published

appeals referee applied "misconduct" under section 443.036(26)(a), Florida Statutes (1991),[2] we conclude

Dorisma v. FLA. UNEMPLOYMENT APPEALS COM'N

544 So. 2d 1110, 1989 WL 62745

District Court of Appeal of Florida | Filed: Jun 13, 1989 | Docket: 804280

Cited 5 times | Published

under Florida's Unemployment Compensation Law. § 443.036(25), Fla. Stat. (1987). The Florida Unemployment

Fowler v. Unemployment Appeals Com'n

537 So. 2d 162, 1989 WL 1044

District Court of Appeal of Florida | Filed: Jan 12, 1989 | Docket: 1522524

Cited 5 times | Published

discharge, constitutes "misconduct" as defined by section 443.036(24), Florida Statutes (1985).[1] If such refusal

Ferry v. XRG INTERN., INC.

492 So. 2d 1101

District Court of Appeal of Florida | Filed: Sep 17, 1986 | Docket: 478517

Cited 5 times | Published

section 448.07(1)(c) is somewhat similar to section 443.036(31)(a), Florida Statutes (1983), which defines

Lake Cnty. Sheriff's Dept. v. Unemp. App. Com'n

478 So. 2d 880

District Court of Appeal of Florida | Filed: Nov 21, 1985 | Docket: 1484448

Cited 5 times | Published

COBB, C.J., and SHARP, J., concur. NOTES [1] Section 443.036(24), Florida Statutes (1983) defines misconduct

Davis v. UNEMPLOYMENT APPEALS COM'N

425 So. 2d 198, 1983 Fla. App. LEXIS 18765

District Court of Appeal of Florida | Filed: Jan 19, 1983 | Docket: 1658086

Cited 5 times | Published

for misconduct. "Misconduct" is defined in section 443.036(24), Florida Statutes (1981), as follows: "Misconduct"

Davis v. UNEMPLOYMENT APPEALS COM'N

425 So. 2d 198, 1983 Fla. App. LEXIS 18765

District Court of Appeal of Florida | Filed: Jan 19, 1983 | Docket: 1658086

Cited 5 times | Published

for misconduct. "Misconduct" is defined in section 443.036(24), Florida Statutes (1981), as follows: "Misconduct"

United Faculty v. Bd. of Regents, Etc.

417 So. 2d 1055, 5 Educ. L. Rep. 1330

District Court of Appeal of Florida | Filed: Jul 27, 1982 | Docket: 1383994

Cited 5 times | Published

compensation benefits to graduate assistants [Section 443.036(17)(n)(9)(b), Florida Statutes (1981)]; and

Sauerland v. FLORIDA UNEMP. APPEALS COM'N

923 So. 2d 1240, 2006 WL 722165

District Court of Appeal of Florida | Filed: Mar 23, 2006 | Docket: 1745118

Cited 4 times | Published

unemployment compensation benefits is defined in section 443.036(29), Florida Statutes (2004), which provides:

Del Pino v. Arrow Air, Inc.

920 So. 2d 772, 2006 WL 335515

District Court of Appeal of Florida | Filed: Feb 15, 2006 | Docket: 1730625

Cited 4 times | Published

connection with work within the meaning of section 443.036(29), Florida Statutes (2003).[1] We agree.

Riveras v. UNEMPLOYMENT APPEALS COM'N

884 So. 2d 1143, 2004 Fla. App. LEXIS 15872, 2004 WL 2387270

District Court of Appeal of Florida | Filed: Oct 27, 2004 | Docket: 1683012

Cited 4 times | Published

employee's duties and obligations" to the employer. § 443.036(29)(a)-(b), Fla. Stat. (2003). An employer bears

Bivens v. TRUGREEN LP

845 So. 2d 347, 2003 WL 21203293

District Court of Appeal of Florida | Filed: May 23, 2003 | Docket: 1728934

Cited 4 times | Published

evidence of wrongdoing on Mr. Bivens' part. Section 443.036(29)(a), Florida Statutes (2001), defines "misconduct"

Jorge v. FLORIDA UNEMPLOY. APPEALS COM'N

765 So. 2d 889, 2000 WL 1188319

District Court of Appeal of Florida | Filed: Aug 23, 2000 | Docket: 1522921

Cited 4 times | Published

employer has the right to expect of his employee." § 443.036(29)(a), Fla. Stat. (1999). The definition of misconduct

Caro v. FLORIDA UNEMPLOYMENT APPEALS

734 So. 2d 1077, 1999 WL 72229

District Court of Appeal of Florida | Filed: Feb 17, 1999 | Docket: 1442079

Cited 4 times | Published

poor judgment constituted "misconduct" under section 443.036(26), Florida Statutes (1997). Thus, there is

McKnight v. FLORIDA UNEMPLOYMENT APPEALS

713 So. 2d 1080, 1998 Fla. App. LEXIS 8472, 1998 WL 390469

District Court of Appeal of Florida | Filed: Jul 15, 1998 | Docket: 1732757

Cited 4 times | Published

English, 534 So.2d 726 (Fla. 1st DCA 1988). Section 443.036(26), Florida Statutes defines "misconduct"

Crosby v. UNEMPLOYMENT APPEALS COM'N

711 So. 2d 260, 1998 Fla. App. LEXIS 6521, 1998 WL 288227

District Court of Appeal of Florida | Filed: Jun 5, 1998 | Docket: 1337307

Cited 4 times | Published

employee's duties and obligations to his employer. § 443.036(26)(a)-(b), Fla. Stat. (Supp.1996). In determining

Tedder v. FLORIDA UNEMP. APPEALS COM'N

697 So. 2d 900, 1997 WL 394531

District Court of Appeal of Florida | Filed: Jul 16, 1997 | Docket: 1776634

Cited 4 times | Published

the level of misconduct connected with work. Section 443.036(26), Florida Statutes (1995), defines misconduct

Miller v. UNEMPLOYMENT APPEALS COM'N

690 So. 2d 752, 1997 Fla. App. LEXIS 3168, 1997 WL 155127

District Court of Appeal of Florida | Filed: Apr 4, 1997 | Docket: 436608

Cited 4 times | Published

"in disregard of an employer's interests." Section 443.036(26), Florida Statutes (1995). Such action justifies

Menendez v. River Orchids Inv. Corp.

653 So. 2d 470, 1995 WL 170286

District Court of Appeal of Florida | Filed: Apr 12, 1995 | Docket: 1529976

Cited 4 times | Published

employee's duties and obligations to his employer. § 443.036(26), Fla. Stat. (1993).

Garguilo v. UNEMPLOYMENT APPEALS COM'N

642 So. 2d 784, 19 Fla. L. Weekly Fed. D 1869

District Court of Appeal of Florida | Filed: Sep 9, 1994 | Docket: 549675

Cited 4 times | Published

constitute "misconduct" within the meaning of Section 443.036(24), Florida Statutes (1983)[[3]], and therefore

Dart Indus., Inc. v. DEPT. OF LABOR & EMP. SEC.

596 So. 2d 725, 1992 WL 51249

District Court of Appeal of Florida | Filed: Mar 20, 1992 | Docket: 1707505

Cited 4 times | Published

of fact. § 120.68(10), Fla. Stat. (1989). Section 443.036(19)(a)1.b, Florida Statutes (1989) defines

PANAMA CITY HOUSING AUTH. v. Sowby

587 So. 2d 494, 1991 WL 174418

District Court of Appeal of Florida | Filed: Sep 6, 1991 | Docket: 1405925

Cited 4 times | Published

supplied.) The term "misconduct" is defined at section 443.036(26), Florida Statutes (1989), which provides:

Pallas v. Unemployment Appeals Com'n

578 So. 2d 487, 1991 Fla. App. LEXIS 3765, 1991 WL 61801

District Court of Appeal of Florida | Filed: Apr 25, 1991 | Docket: 440307

Cited 4 times | Published

employee's duties and obligations to his employer. § 443.036(26), Fla. Stat. (1989). The statute should be

Coleman v. City of Hialeah

525 So. 2d 435, 1988 WL 28301

District Court of Appeal of Florida | Filed: Apr 5, 1988 | Docket: 1304624

Cited 4 times | Published

492 So.2d 1101, 1103 (Fla. 4th DCA 1986). [6] § 443.036(31)(a), Fla. Stat. (1983), followed in Ferry v

Delco Ind., Inc. v. State, Dept of Labor & Emp SEC.

519 So. 2d 1109, 1988 WL 8339

District Court of Appeal of Florida | Filed: Feb 10, 1988 | Docket: 1332540

Cited 4 times | Published

unemployment compensation benefits as provided in section 443.036(17), Florida Statutes (1985). Appellant contends

DEPT. OF GENERAL SERV. v. English

509 So. 2d 1198, 12 Fla. L. Weekly 1567

District Court of Appeal of Florida | Filed: Jun 26, 1987 | Docket: 1362593

Cited 4 times | Published

for a certain number of weeks thereafter. Section 443.036(24), Florida Statutes (1985), provides: MISCONDUCT

Gainer v. STATE, UNEMP. APP. COMM'N.

503 So. 2d 428, 12 Fla. L. Weekly 669

District Court of Appeal of Florida | Filed: Mar 3, 1987 | Docket: 1452461

Cited 4 times | Published

Unemployment Code unmistakably requires intent, see § 443.036(24), Fla. Stat. (1985), it drew the opposing factual

McKinney v. US Sugar Corp.

492 So. 2d 478, 11 Fla. L. Weekly 1777

District Court of Appeal of Florida | Filed: Aug 13, 1986 | Docket: 478430

Cited 4 times | Published

not constitute "misconduct" as defined by section 443.036(24), Florida Statutes (1983). As such, McKinney

Tallahassee Housing Auth. v. UNEMPL. COM'N

463 So. 2d 1216, 10 Fla. L. Weekly 368

District Court of Appeal of Florida | Filed: Feb 11, 1985 | Docket: 1509714

Cited 4 times | Published

constitute misconduct within the meaning of section 443.036(24), Florida Statutes. That statute defines

Sarasota County Chamber of Commerce v. State

463 So. 2d 461

District Court of Appeal of Florida | Filed: Feb 6, 1985 | Docket: 448973

Cited 4 times | Published

that its salespersons are "employees" under section 443.036(17), Florida Statutes (1983). The Division

T & T Comm. v. State Dept. of Labor

460 So. 2d 996

District Court of Appeal of Florida | Filed: Dec 19, 1984 | Docket: 1766746

Cited 4 times | Published

as cable installers are "employees" under section 443.036(17), Florida Statutes (1983). We reverse. The

Campbell v. Dept. of Labor & Emp. SEC.

455 So. 2d 569

District Court of Appeal of Florida | Filed: Aug 28, 1984 | Docket: 1692608

Cited 4 times | Published

work ..." (e.s.). "Misconduct" is defined at Section 443.036(24), Florida Statutes (1983), as follows: MISCONDUCT

University of North Florida v. Unemployment Appeals Commission

445 So. 2d 1062, 16 Educ. L. Rep. 678, 1984 Fla. App. LEXIS 12013

District Court of Appeal of Florida | Filed: Feb 13, 1984 | Docket: 1685454

Cited 4 times | Published

for misconduct connected with his work, see Section 443.036(24)(b), Florida Statutes (1981), and thus entitled

Tallahassee Primary Care v. FLORIDA UAC

930 So. 2d 824, 2006 WL 1525875

District Court of Appeal of Florida | Filed: Jun 6, 2006 | Docket: 1469518

Cited 3 times | Published

constitute misconduct connected with work under section 443.036(29), Florida Statutes (2005). Credibility determinations

Elec. Contr. v. Unemployment Appeals Com'n

914 So. 2d 1033, 2005 WL 3095546

District Court of Appeal of Florida | Filed: Nov 21, 2005 | Docket: 1795509

Cited 3 times | Published

Commission correctly applied the provisions of section 443.036(29), Florida Statutes (2005), defining misconduct

Saunders v. UNEMPLOYMENT APPEALS COM'N

888 So. 2d 69, 2004 Fla. App. LEXIS 15890, 2004 WL 2397189

District Court of Appeal of Florida | Filed: Oct 27, 2004 | Docket: 1697199

Cited 3 times | Published

duties and obligations to his or her employer. § 443.036(29), Fla. Stat. (2002). "The statute defining

Franklin v. Unemployment Appeals Com'n

841 So. 2d 682, 2003 WL 1856410

District Court of Appeal of Florida | Filed: Apr 11, 2003 | Docket: 1233793

Cited 3 times | Published

supported by competent, substantial evidence. Section 443.036(29), Florida Statutes (2000), defines "misconduct"

Tabares v. Florida Unemployment Appeals

838 So. 2d 1214, 2003 Fla. App. LEXIS 2617, 2003 WL 729196

District Court of Appeal of Florida | Filed: Mar 5, 2003 | Docket: 1513742

Cited 3 times | Published

the right to expect of his or her employee." § 443.036(29)(a), Fla. Stat. (2001). "In determining whether

Smith v. UNEMPLOYMENT APPEALS COM'N

831 So. 2d 249, 2002 WL 31662389

District Court of Appeal of Florida | Filed: Nov 27, 2002 | Docket: 1723055

Cited 3 times | Published

employee's duties and obligations to his employer. § 443.036(26), Fla. Stat. (2001). "Misconduct usually involves

Carson v. News-Journal Corp.

790 So. 2d 1120, 2001 WL 667642

District Court of Appeal of Florida | Filed: Jun 15, 2001 | Docket: 1734464

Cited 3 times | Published

compensation is "misconduct connected with work." See § 443.036(29), Fla. Stat. (1999) (defining misconduct as

4139 Mgmt. Inc. v. Department of Labor and Employment

763 So. 2d 514, 2000 WL 1004644

District Court of Appeal of Florida | Filed: Jul 21, 2000 | Docket: 1278632

Cited 3 times | Published

purposes of unemployment compensation benefits. Section 443.036(19)(a)1.b., Florida Statutes (1997), provides

St. Augustine Church v. FLA. UNEMP. APP. COM'N.

754 So. 2d 183, 2000 WL 346143

District Court of Appeal of Florida | Filed: Apr 5, 2000 | Docket: 431376

Cited 3 times | Published

, 704 So.2d 714, 716 (Fla. 4th DCA 1998). Section 443.036(26)(a), Florida Statutes (1997) defines "misconduct

Philemy v. Florida Dept. of HRS

731 So. 2d 64, 1999 WL 174063

District Court of Appeal of Florida | Filed: Mar 31, 1999 | Docket: 1408957

Cited 3 times | Published

Comm'n, 713 So.2d 1080 (Fla. 1st DCA 1998). Section 443.036(26), Florida Statutes (1995), defines "misconduct"

Fontaine v. Hillsborough County School Bd.

709 So. 2d 642, 1998 WL 199715

District Court of Appeal of Florida | Filed: Apr 24, 1998 | Docket: 2419796

Cited 3 times | Published

not a result of her misconduct as defined by section 443.036(26), Florida Statutes (1995). Accordingly,

Roberts v. Diehl

707 So. 2d 869, 1998 WL 88317

District Court of Appeal of Florida | Filed: Mar 4, 1998 | Docket: 1259935

Cited 3 times | Published

Compensation Law. "Misconduct" is defined in section 443.036(26), Florida Statutes (1995), as: (a) Conduct

Poole v. JB Hunt Transport, Inc.

703 So. 2d 1158, 1997 WL 777889

District Court of Appeal of Florida | Filed: Dec 10, 1997 | Docket: 1348847

Cited 3 times | Published

substantial evidence of misconduct, as defined in section 443.036(26)(b), Florida Statutes (1995). *1159 Mr.

Hall v. FLA. UNEMPLOYMENT APPEALS COM'N

700 So. 2d 107, 1997 WL 614325

District Court of Appeal of Florida | Filed: Oct 8, 1997 | Docket: 1719681

Cited 3 times | Published

actions constituted misconduct as defined in section 443.036(26), Florida Statutes (1995).[1] We do not

Jennings v. Unemployment Appeals Com'n

689 So. 2d 1193, 1997 WL 106966

District Court of Appeal of Florida | Filed: Mar 12, 1997 | Docket: 1739352

Cited 3 times | Published

in a deep sleep. Misconduct is defined in section 443.036(26), Fla.Stat. (Supp.1996), as: (a) Conduct

Proffitt v. UNEMPLOYMENT APPEALS COM'N

658 So. 2d 185, 1995 Fla. App. LEXIS 8202, 1995 WL 457071

District Court of Appeal of Florida | Filed: Aug 4, 1995 | Docket: 439458

Cited 3 times | Published

the definition of misconduct contained in section 443.036(26) of the Florida Statutes, which states:

Bozzo v. SAFELITE GLASS CORPORATION

654 So. 2d 1042, 1995 WL 296419

District Court of Appeal of Florida | Filed: May 17, 1995 | Docket: 809470

Cited 3 times | Published

Employment Sec., 373 So.2d 429 (Fla. 2d DCA 1979); § 443.036(26), Fla. Stat. (1993). Here, after numerous complaints

Zorrilla v. LURIA AND SON, INC.

645 So. 2d 1078, 1994 WL 656496

District Court of Appeal of Florida | Filed: Nov 23, 1994 | Docket: 2523017

Cited 3 times | Published

ground that he was discharged for "misconduct." § 443.036(26), Fla. Stat. (1993). We affirm. In our view

Simmons v. Kalin, Inc.

627 So. 2d 1175, 1993 WL 407939

District Court of Appeal of Florida | Filed: Oct 15, 1993 | Docket: 1752883

Cited 3 times | Published

misconduct connected with work pursuant to section 443.036(26), Florida Statutes (1991). The adjudicator

Simmons v. Kalin, Inc.

627 So. 2d 1175, 1993 WL 407939

District Court of Appeal of Florida | Filed: Oct 15, 1993 | Docket: 1752883

Cited 3 times | Published

misconduct connected with work pursuant to section 443.036(26), Florida Statutes (1991). The adjudicator

Orange Bank v. UNEMPLOYMENT APPEALS COM'N

611 So. 2d 107, 1992 Fla. App. LEXIS 13132, 1992 WL 389047

District Court of Appeal of Florida | Filed: Dec 31, 1992 | Docket: 1674203

Cited 3 times | Published

misconduct. § 443.101(1)(a), Fla. Stat. (1991). Section 443.036(26) defines misconduct as: (a) Conduct evincing

Madison v. Williams Island Country Club

606 So. 2d 687, 1992 WL 240630

District Court of Appeal of Florida | Filed: Sep 29, 1992 | Docket: 2569139

Cited 3 times | Published

Section 443.101(1)(a), Fla. Stat. (1991). Section 443.036(26), Florida Statutes (1991), defines "misconduct":

Scardino v. UNEMP. APPEALS COM'N

603 So. 2d 549, 1992 WL 156891

District Court of Appeal of Florida | Filed: Jul 9, 1992 | Docket: 1739067

Cited 3 times | Published

did not constitute misconduct as defined by Section 443.036(26), Florida Statutes (1989), which provides:

Ladson v. FLA. UNEMP. APPEALS COMM.

543 So. 2d 328, 1989 WL 47192

District Court of Appeal of Florida | Filed: May 9, 1989 | Docket: 2551800

Cited 3 times | Published

reached the level of misconduct intended by section 443.036(25), Florida Statutes (1987). On May 18, 1987

Terjesen v. State, Unemployment Appeals Com'n

491 So. 2d 1189, 11 Fla. L. Weekly 1550, 1986 Fla. App. LEXIS 8783

District Court of Appeal of Florida | Filed: Jul 15, 1986 | Docket: 1383907

Cited 3 times | Published

do not constitute misconduct as defined by Section 443.036(24), Florida Statutes (1985), so as to disentitle

Cesar v. Reemployment Assistance Appeals Commission

121 So. 3d 1181, 2013 WL 5354418, 2013 Fla. App. LEXIS 15246

District Court of Appeal of Florida | Filed: Sep 26, 2013 | Docket: 60234368

Cited 2 times | Published

Misconduct connected with work is defined under § 443.036(30), Fla. Stat. (2011) as: (a)Conduct demonstrating

Grell v. Florida Unemployment Appeals Commission

44 So. 3d 201, 2010 Fla. App. LEXIS 13727, 2010 WL 3583986

District Court of Appeal of Florida | Filed: Sep 16, 2010 | Docket: 2401909

Cited 2 times | Published

Chapter 443. Chapman, 15 So.3d at 721. Further, section 443.036(1), Florida Statutes (2009), provides that

Mid-Florida Freezer Warehouses, Ltd. v. Unemployment Appeals Commission

41 So. 3d 1014, 2010 Fla. App. LEXIS 11433, 2010 WL 3056607

District Court of Appeal of Florida | Filed: Aug 6, 2010 | Docket: 1668378

Cited 2 times | Published

"misconduct connected with his or her work." Section 443.036(29), Florida Statutes (2009), defines "misconduct"

Watson v. SUMMIT ASSET MANAGEMENT, LLC

22 So. 3d 145, 2009 Fla. App. LEXIS 17238, 2009 WL 3836657

District Court of Appeal of Florida | Filed: Nov 18, 2009 | Docket: 1639643

Cited 2 times | Published

duties and obligations to his or her employer. § 443.036(29), Fla. Stat. (2008). The UAC is bound by the

Rollins v. Bay HR, Inc.

968 So. 2d 697, 2007 WL 4125909

District Court of Appeal of Florida | Filed: Nov 21, 2007 | Docket: 1745264

Cited 2 times | Published

duties and obligations to his or her employer. § 443.036(29), Florida Statutes (2004). The claimant cites

Borland v. Unemployment Appeals Commission

910 So. 2d 320, 2005 WL 2172239

District Court of Appeal of Florida | Filed: Sep 9, 2005 | Docket: 1494548

Cited 2 times | Published

go because Ms. Borland was a good employee. Section 443.036(29), Florida Statutes (2003), defines "misconduct"

Peace Lutheran Church v. State, Unemployment Appeals Commission

906 So. 2d 1197, 2005 Fla. App. LEXIS 11058, 2005 WL 1682264

District Court of Appeal of Florida | Filed: Jul 20, 2005 | Docket: 64839626

Cited 2 times | Published

employer who meets certain characteristics. Section 443.036(21)(c), Florida Statutes (2002)1 provides:

Lewis v. UNEMPLOYMENT APPEALS COM'N

899 So. 2d 1183, 2005 Fla. App. LEXIS 5058, 2005 WL 840106

District Court of Appeal of Florida | Filed: Apr 13, 2005 | Docket: 1705616

Cited 2 times | Published

duties and obligations to his or her employer. § 443.036(29). "In determining whether misconduct has occurred

Rosas v. Remington Hospitality, Inc.

899 So. 2d 390, 2005 WL 713131

District Court of Appeal of Florida | Filed: Mar 30, 2005 | Docket: 756797

Cited 2 times | Published

connection with work within the meaning of section 443.036(29), Florida Statutes (2003).[1] We agree.

Girgis v. State, Unemployment Appeals Commission

897 So. 2d 513, 2005 Fla. App. LEXIS 2533, 2005 WL 475340

District Court of Appeal of Florida | Filed: Mar 2, 2005 | Docket: 64837188

Cited 2 times | Published

engaged in “misconduct” within the meaning of section 443.036(29), Florida Statutes (2003). Conduct that

Vilar v. UNEMPLOYMENT APPEALS COM'N

889 So. 2d 933, 2004 WL 2921972

District Court of Appeal of Florida | Filed: Dec 17, 2004 | Docket: 1488705

Cited 2 times | Published

employee does not constitute misconduct under section 443.036(26), Florida Statutes (1993). See Lucas v.

Givens v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION

888 So. 2d 169, 2004 Fla. App. LEXIS 18759, 2004 WL 2823183

District Court of Appeal of Florida | Filed: Dec 8, 2004 | Docket: 461154

Cited 2 times | Published

that he had been discharged for misconduct, section 443.036(29), Florida Statutes (2004), because he obdurately

Moncaleano v. Florida Unemployment Appeals

883 So. 2d 899, 2004 Fla. App. LEXIS 14822, 2004 WL 2237727

District Court of Appeal of Florida | Filed: Oct 6, 2004 | Docket: 137222

Cited 2 times | Published

Comm'n, 645 So.2d 1078 (Fla. 3d DCA 1994), citing § 443.036(26), Fla. Stat. (1993). This court has held that

Blodgett v. FLORIDA UNEMPLOYMENT APPEALS

880 So. 2d 814, 2004 Fla. App. LEXIS 11812, 29 Fla. L. Weekly Fed. D 1845

District Court of Appeal of Florida | Filed: Aug 13, 2004 | Docket: 1689226

Cited 2 times | Published

she did not commit misconduct as defined by section 443.036(29), Florida Statutes (2002). We agree and

Cooksey-James v. UNEMPLOYMENT APPEALS COM'N

869 So. 2d 1209, 2004 WL 590389

District Court of Appeal of Florida | Filed: Mar 26, 2004 | Docket: 1175456

Cited 2 times | Published

misconduct under the definition set forth in section 443.036(29), Florida Statutes (2001). The referee therefore

Lucido v. State, Unemployment Appeals Com'n

862 So. 2d 913, 2003 WL 23008798

District Court of Appeal of Florida | Filed: Dec 24, 2003 | Docket: 1762827

Cited 2 times | Published

substituted its findings for those of the referee. Section 443.036(29), Florida Statutes, defines misconduct as

Torres v. UNEMPLOYMENT APPEALS COM'N

862 So. 2d 26, 2003 WL 22149150

District Court of Appeal of Florida | Filed: Sep 19, 2003 | Docket: 1762821

Cited 2 times | Published

benefits. § 443.101(1)(a), Fla. Stat. (2000). Section 443.036(29), Florida Statutes (2000), defines "misconduct"

Vega v. Florida Unemployment Appeals

833 So. 2d 310, 2003 Fla. App. LEXIS 5, 2003 WL 25872294

District Court of Appeal of Florida | Filed: Jan 2, 2003 | Docket: 1258653

Cited 2 times | Published

discharge did not amount to misconduct under section 443.036(29), Florida Statutes (2001). The appeals referee's

Davis v. UNEMPLOYMENT APPEALS COM'N

715 So. 2d 1157, 1998 Fla. App. LEXIS 11008, 1998 WL 543271

District Court of Appeal of Florida | Filed: Aug 28, 1998 | Docket: 798702

Cited 2 times | Published

duties and obligations to his or her employer. § 443.036(26), Fla. Stat. (1997). The record is clear that

Mason v. Load King Mfg. Co.

715 So. 2d 279, 1998 WL 171382

District Court of Appeal of Florida | Filed: Apr 15, 1998 | Docket: 1365950

Cited 2 times | Published

Commission, 483 So.2d 413 (Fla.1986), interpreted section 443.036(26), Florida Statutes (1995),[1] the statutory

Campus Crusade v. Unemployment Appeals

702 So. 2d 572, 1997 Fla. App. LEXIS 13157, 1997 WL 721559

District Court of Appeal of Florida | Filed: Nov 21, 1997 | Docket: 460319

Cited 2 times | Published

employer requested the same exemption pursuant to section 443.036(19)(d), Florida Statutes, which provides in

Folden v. UNEMPLOYMENT APPEALS COM'N

696 So. 2d 537, 1997 Fla. App. LEXIS 7878, 1997 WL 385786

District Court of Appeal of Florida | Filed: Jul 11, 1997 | Docket: 1695994

Cited 2 times | Published

obligations to his employer. (emphasis added). § 443.036(26), Fla. Stat. (1995). The courts have recognized

Gardner v. STATE, UNEMPLOYMENT APPEALS COM'N

682 So. 2d 1222, 1996 WL 668434

District Court of Appeal of Florida | Filed: Nov 20, 1996 | Docket: 1276702

Cited 2 times | Published

within the meaning of section 443.036(26), Florida Statutes. We agree. Section 443.036(26), Florida Statutes

Blumetti v. Unemployment Appeals Com'n

675 So. 2d 689, 1996 Fla. App. LEXIS 6493, 1996 WL 339098

District Court of Appeal of Florida | Filed: Jun 21, 1996 | Docket: 1323033

Cited 2 times | Published

employer has the right to expect of his employee." § 443.036(26), Fla. Stat. (1995). The claimant's action

McKenzie Tank Lines, Inc. v. Roman

645 So. 2d 547, 1994 WL 637288

District Court of Appeal of Florida | Filed: Nov 16, 1994 | Docket: 1223250

Cited 2 times | Published

to support a finding of "misconduct" under section 443.036(26), Florida Statutes (1993). We are here presented

Odom v. Unemployment Appeals Com'n

586 So. 2d 504, 1991 Fla. App. LEXIS 13963, 1991 WL 194151

District Court of Appeal of Florida | Filed: Oct 3, 1991 | Docket: 1487516

Cited 2 times | Published

appeals referee. Misconduct is defined by section 443.036(26), Florida Statutes (1989): "Misconduct"

Odom v. Unemployment Appeals Com'n

586 So. 2d 504, 1991 Fla. App. LEXIS 13963, 1991 WL 194151

District Court of Appeal of Florida | Filed: Oct 3, 1991 | Docket: 1487516

Cited 2 times | Published

appeals referee. Misconduct is defined by section 443.036(26), Florida Statutes (1989): "Misconduct"

Commonwealth Life Ins. v. Walters

581 So. 2d 643, 1991 WL 104527

District Court of Appeal of Florida | Filed: Jun 18, 1991 | Docket: 2581287

Cited 2 times | Published

quoted, in place of the word "remuneration." See § 443.036(33), Florida Statutes (1989) (defining "wages")

Zubi Advertising Services, Inc. v. STATE, DEPT. OF LABOR

537 So. 2d 145, 1989 WL 137

District Court of Appeal of Florida | Filed: Jan 3, 1989 | Docket: 427256

Cited 2 times | Published

unemployment compensation tax as provided in section 443.036(18), Florida Statutes (1987).[1] We reverse

Palm Beach Cty. Sch. Bd. v. STATE, UNEMPL. APP. COM'N

504 So. 2d 505

District Court of Appeal of Florida | Filed: Mar 25, 1987 | Docket: 453548

Cited 2 times | Published

week are less than his weekly benefit amount. § 443.036(30)(a), Fla. Stat. The statute further provides

Neidhart v. PIONEER FED. SAV. & LOAN

498 So. 2d 594

District Court of Appeal of Florida | Filed: Dec 3, 1986 | Docket: 1699774

Cited 2 times | Published

not discharged for misconduct, as defined in section 443.036(24), Florida Statutes (1985). In the unemployment

Burnup & Sims Com Tec, Inc. v. STATE, DEPT. OF LABOR AND EMP. SEC., DIVISION OF EMPLOYMENT SEC.

459 So. 2d 447, 9 Fla. L. Weekly 2453, 1984 Fla. App. LEXIS 16027

District Court of Appeal of Florida | Filed: Nov 21, 1984 | Docket: 561379

Cited 2 times | Published

splicers and installers are "employees" under section 443.036(17), Florida Statutes (1983). Burnup & Sims

Diez v. Reemployment Assistance Appeals Commission

152 So. 3d 1269, 2014 Fla. App. LEXIS 20807, 2014 WL 7273573

District Court of Appeal of Florida | Filed: Dec 23, 2014 | Docket: 60244725

Cited 1 times | Published

October 1, 2011, through September 31, 2012. See § 443.036(7), Fla. Stat. (2012) (defining “base period”

Hernandez v. Reemployment Assistance Appeals Commission

114 So. 3d 407, 2013 WL 2321193, 2013 Fla. App. LEXIS 8459

District Court of Appeal of Florida | Filed: May 29, 2013 | Docket: 60231901

Cited 1 times | Published

the statutory definition of misconduct under section 443.036(30), Florida Statutes (2011), we reverse. I

Morales v. Florida Reemployment Assistance Appeals Commission

106 So. 3d 81, 2013 Fla. App. LEXIS 1751, 2013 WL 440211

District Court of Appeal of Florida | Filed: Feb 6, 2013 | Docket: 60228453

Cited 1 times | Published

the employer expects of his or her employee.” § 443.036(30)(a), Fla. Stat. (2011). Even assuming some

Flint v. Florida Unemployment Appeals Commission

79 So. 3d 115, 2012 Fla. App. LEXIS 537, 2012 WL 127358

District Court of Appeal of Florida | Filed: Jan 18, 2012 | Docket: 60305226

Cited 1 times | Published

not constitute “misconduct” as defined by section 443.036(29), Florida Statutes (2010). A review of the

Arbor Tree Management, Inc. v. Florida Unemployment Appeals Commission

69 So. 3d 376, 2011 Fla. App. LEXIS 14634, 2011 WL 4104736

District Court of Appeal of Florida | Filed: Sep 16, 2011 | Docket: 2355411

Cited 1 times | Published

managerconstituted misconduct under the statute. Section 443.036(29), Florida Statutes (2010), provides that

Arroyo v. Florida Unemployment Appeals Commission

60 So. 3d 492, 2011 Fla. App. LEXIS 5571, 2011 WL 1485999

District Court of Appeal of Florida | Filed: Apr 20, 2011 | Docket: 2363053

Cited 1 times | Published

Arroyo. NOTES [1] "Misconduct" is defined in section 443.036(29) of the Florida Statutes as follows: (29)

Carilus v. Unemployment Appeals Commission

51 So. 3d 653, 2011 Fla. App. LEXIS 551, 2011 WL 222233

District Court of Appeal of Florida | Filed: Jan 26, 2011 | Docket: 2407599

Cited 1 times | Published

"available for work" within the *655 meaning of section 443.036(6), Florida Statutes, the claimant was required

Markham v. Florida Unemployment Appeals Commission

47 So. 3d 958, 2010 Fla. App. LEXIS 17679, 2010 WL 4628539

District Court of Appeal of Florida | Filed: Nov 17, 2010 | Docket: 2401452

Cited 1 times | Published

connected with the work. Misconduct is defined in section 443.036(29) of the Florida Statutes: “Misconduct” includes

Cochran v. Florida Unemployment Appeals Commission

46 So. 3d 1195, 2010 Fla. App. LEXIS 17138, 2010 WL 4483710

District Court of Appeal of Florida | Filed: Nov 10, 2010 | Docket: 2558769

Cited 1 times | Published

duties and obligations to his or her employer. § 443.036(29), Fla. Stat. (2009).

Boyd Brothers, Inc. v. Florida Unemployment Appeals Commission

41 So. 3d 419, 2010 Fla. App. LEXIS 11419, 2010 WL 3034877

District Court of Appeal of Florida | Filed: Aug 5, 2010 | Docket: 2399180

Cited 1 times | Published

Comm'n, 880 So.2d 814, 815 (Fla. 1st DCA 2004). Section 443.036(29), Florida Statutes (2009), defines misconduct

F.R. Aleman & Associates, Inc. v. Cisneros

35 So. 3d 158, 2010 Fla. App. LEXIS 7308, 2010 WL 2076968

District Court of Appeal of Florida | Filed: May 26, 2010 | Docket: 1645989

Cited 1 times | Published

duties and obligations to his or her employer. § 443.036(29), Fla. Stat. (2008). The record shows that

Jones v. Florida Unemployment Appeals Commission

36 So. 3d 808, 2010 Fla. App. LEXIS 7427, 2010 WL 2079665

District Court of Appeal of Florida | Filed: May 26, 2010 | Docket: 1118361

Cited 1 times | Published

misconduct connected with his or her work." Section 443.036(29), Florida Statutes (2008), defines "misconduct"

Waggle Bros., Inc. v. Florida Unemployment Appeals Commission

37 So. 3d 873, 2010 Fla. App. LEXIS 4510, 2010 WL 1329082

District Court of Appeal of Florida | Filed: Apr 7, 2010 | Docket: 159296

Cited 1 times | Published

misconduct connected with his or her work"); *877 § 443.036(29)(a), Fla. Stat. (2008) (defining "misconduct"

Meyerowitz v. Unemployment Appeals Commission

9 So. 3d 738, 2009 Fla. App. LEXIS 3439, 2009 WL 1066069

District Court of Appeal of Florida | Filed: Apr 22, 2009 | Docket: 60309076

Cited 1 times | Published

has a right to expect of his or her employee.” § 443.036(29)(a), Fla. Stat. “Whether a claimant committed

Farren v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION

6 So. 3d 716, 2009 Fla. App. LEXIS 3097, 2009 WL 975464

District Court of Appeal of Florida | Filed: Apr 13, 2009 | Docket: 452268

Cited 1 times | Published

business constituted misconduct pursuant to section 443.036(29), Florida Statutes. We AFFIRM. ALLEN, WOLF

Nora v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION

997 So. 2d 1231, 2008 WL 5412005

District Court of Appeal of Florida | Filed: Dec 31, 2008 | Docket: 36684

Cited 1 times | Published

satisfying the statutory definition of misconduct. See § 443.036(29), Fla. Stat.; Salinas v. Florida Unemployment

Leedham v. STATE UNEMPLOYMENT APPEALS COM'N

950 So. 2d 475, 2007 WL 518438

District Court of Appeal of Florida | Filed: Feb 21, 2007 | Docket: 1501685

Cited 1 times | Published

connected with work within the meaning of section 443.036(29), Florida Statutes (2005). A denial of benefits

Forte v. Florida Unemployment Appeals

899 So. 2d 1159, 2005 Fla. App. LEXIS 4670, 2005 WL 766972

District Court of Appeal of Florida | Filed: Apr 6, 2005 | Docket: 1705665

Cited 1 times | Published

connected with his work. Misconduct is defined in section 443.036(29), Florida Statutes (2004), as follows: "Misconduct"

Brenner v. Department of Banking & Finance

892 So. 2d 1129, 2004 WL 2955024

District Court of Appeal of Florida | Filed: Dec 22, 2004 | Docket: 472025

Cited 1 times | Published

period." § 443.091(1)(f), Fla. Stat. (2003). Section 443.036(27), Florida Statutes, defines "insured work"

Bigler v. FLORIDA UNEMPLOYMENT APPEALS COM'N

841 So. 2d 610, 2003 Fla. App. LEXIS 4441, 2003 WL 1722486

District Court of Appeal of Florida | Filed: Apr 2, 2003 | Docket: 1656718

Cited 1 times | Published

duties and obligations to his or her employer. Section 443.036(29), Florida Statutes. Additionally Florida's

Lyster v. FLORIDA UNEMPLOY. APPEALS COM'N

826 So. 2d 482, 2002 WL 31094142

District Court of Appeal of Florida | Filed: Sep 20, 2002 | Docket: 1197547

Cited 1 times | Published

constitute "misconduct" within the meaning of section 443.036(29)(b), Florida Statutes (2001). Until he was

Fish v. Florida Unemployment Appeals Commission

802 So. 2d 1201, 2002 Fla. App. LEXIS 75, 2002 WL 15566

District Court of Appeal of Florida | Filed: Jan 8, 2002 | Docket: 64811269

Cited 1 times | Published

be excluded from his wages, as defined in section 443.036(40)(a), Flprida Statutes (2000). On appeal

Castillo v. Florida Unemployment Appeals Commission

785 So. 2d 552, 2001 Fla. App. LEXIS 1773, 2001 WL 167017

District Court of Appeal of Florida | Filed: Feb 21, 2001 | Docket: 364117

Cited 1 times | Published

not constitute disqualifying misconduct. See § 443.036(29), Fla. Stat. (2000); Baca v. Unique Originals

Barnes v. UNEMPLOYMENT APPEALS COM'N

717 So. 2d 120, 1998 WL 568069

District Court of Appeal of Florida | Filed: Sep 9, 1998 | Docket: 1277352

Cited 1 times | Published

amounted to misconduct as defined in Florida Statute § 443.036(26) (1997) so as to disqualify him from receiving

Wark v. Home Shopping Club, Inc.

715 So. 2d 323, 1998 WL 412645

District Court of Appeal of Florida | Filed: Jul 24, 1998 | Docket: 1366503

Cited 1 times | Published

misconduct meets the standard identified in section 443.036(26), Florida Statutes. Here, these two admitted

Hughes v. Variety Children's Hosp.

710 So. 2d 683, 1998 WL 204791

District Court of Appeal of Florida | Filed: Apr 29, 1998 | Docket: 1444602

Cited 1 times | Published

chartered or approved pursuant to state law...." § 443.036(19)(n)12, Fla. Stat. (1995). The claimant is a

Castillo v. Sally Beauty Co., Inc.

637 So. 2d 269, 1994 WL 137787

District Court of Appeal of Florida | Filed: Apr 19, 1994 | Docket: 2582485

Cited 1 times | Published

unemployment benefits. "Misconduct" is defined in Section 443.036(26), Florida Statutes (1993), as either: (a)

Adams v. Burdines, Inc.

600 So. 2d 1233, 1992 WL 123413

District Court of Appeal of Florida | Filed: Jun 9, 1992 | Docket: 580654

Cited 1 times | Published

286, 288 (Fla. 2d DCA 1975) (emphasis added); § 443.036(26), Fla. Stat. (1989). See Smith v. Krugman-Kadi

Gray v. FLA. UNEMPLOYMENT APPEALS COM'N

541 So. 2d 1319, 1989 WL 36155

District Court of Appeal of Florida | Filed: Apr 14, 1989 | Docket: 604755

Cited 1 times | Published

Section 110.403(1)(a), Fla. Stat. (1987). Section 443.036(18), Florida Statutes (1987), defines employment

Williams v. Unemployment Appeals Com'n

484 So. 2d 89, 11 Fla. L. Weekly 579

District Court of Appeal of Florida | Filed: Mar 6, 1986 | Docket: 1343757

Cited 1 times | Published

that defined in the statute as "misconduct." Section 443.036(24), Florida Statutes, (1984 Supp.) states:

City of Hallandale Beach v. Daniel Rosemond

District Court of Appeal of Florida | Filed: Jun 5, 2024 | Docket: 68829075

Published

have committed “misconduct” as defined by section 443.036(29), Florida Statutes (2016), and he had not

Andrew A Romero v. Reemployment Assistance Appeals Commission

230 So. 3d 1282

District Court of Appeal of Florida | Filed: Dec 13, 2017 | Docket: 6244031

Published

rendered him eligible for only partial benefits. See § 443,036(44)(a), Fla. Stat. (2017) (one is “partially unemployed”

Williams v. City of Winter Haven

210 So. 3d 75, 2016 Fla. App. LEXIS 10922

District Court of Appeal of Florida | Filed: Jul 15, 2016 | Docket: 4111219

Published

did not constitute misconduct as defined by section 443.036(29), Florida Statutes (2014), we reverse.

Angel Contreras v. Reemployment Assistance Appeals Commission and Harold L. Simpson

178 So. 3d 953, 2015 Fla. App. LEXIS 16968, 2015 WL 7247364

District Court of Appeal of Florida | Filed: Nov 12, 2015 | Docket: 3011963

Published

*955 tute “misconduct” as defined in section 443.036(29), Florida Statutes (2014), we reverse. '

Responsible Vendors, Inc. v. Reemployment Assistance Appeals Commission

172 So. 3d 561, 2015 Fla. App. LEXIS 12428, 2015 WL 4928345

District Court of Appeal of Florida | Filed: Aug 19, 2015 | Docket: 2685483

Published

would constitute misconduct as defined in section 443.036(29), Florida Statutes (2015). Id.

Beach Community Bank v. Reemployment Assistance Appeals Commission

164 So. 3d 798

District Court of Appeal of Florida | Filed: Jun 1, 2015 | Docket: 2661167

Published

statutory definition of “misconduct” found in section 443.036(29), Florida Statutes (2014), 1

Yeinson Torres Hurtado and Viviana Hurtado Escobar v. Nigel Desouza

166 So. 3d 831, 2015 Fla. App. LEXIS 5510

District Court of Appeal of Florida | Filed: Apr 15, 2015 | Docket: 2679390

Published

must be physically able to work. See § 443.036(1), Fla. Stat. The purpose of section 768

Yeinson Torres Hurtado and Viviana Hurtado Escobar v. Nigel Desouza

District Court of Appeal of Florida | Filed: Nov 26, 2014 | Docket: 2609432

Published

compensation has been renamed “reemployment assistance.” § 443.036(38), Fla. Stat. (2012). “Reemployment assistance”

Alvarez v. Reemployment Assistance Appeals Commission

121 So. 3d 69, 2013 WL 4529667, 2013 Fla. App. LEXIS 13730

District Court of Appeal of Florida | Filed: Aug 28, 2013 | Docket: 60234494

Published

unreasonable or unfairly or inconsistently enforced. See § 443.036(30)(e), Fla. Stat. (2011); Critical Intervention

Martinez v. Reemployment Assistance Appeals Commission

119 So. 3d 557, 2013 WL 4488941, 2013 Fla. App. LEXIS 13603

District Court of Appeal of Florida | Filed: Aug 23, 2013 | Docket: 60233669

Published

an agreement defined in an employer's policy.” § 443.036(37), Fla. Stat. (2012).

Veciana v. State

110 So. 3d 524, 2013 WL 1316071, 2013 Fla. App. LEXIS 5349

District Court of Appeal of Florida | Filed: Apr 3, 2013 | Docket: 60230335

Published

PER CURIAM. Affirmed. See § 443.036(30)(3), Fla. Stat. (2011). WARNER, GROSS and CIKLIN, JJ., concur

Critical Intervention Services v. Florida Reemployment Assistance Appeals Commission

106 So. 3d 63, 2013 Fla. App. LEXIS 1678, 2013 WL 425880

District Court of Appeal of Florida | Filed: Feb 5, 2013 | Docket: 60228425

Published

rule is not fairly or consistently enforced. § 443.036(30)(e), Fla. Stat. (2011). The employer carries

Laneri v. Reemployment Assistance Appeals Commission

101 So. 3d 1277, 2012 Fla. App. LEXIS 21093, 2012 WL 6061119

District Court of Appeal of Florida | Filed: Dec 7, 2012 | Docket: 60226179

Published

rule is not fairly or consistently enforced. § 443.036(30), Fla. Stat. (2011). The referee found Laneri

Crespo v. Florida Reemployment Assistance Appeals Commission

128 So. 3d 49, 2012 WL 6027761, 2012 Fla. App. LEXIS 20865

District Court of Appeal of Florida | Filed: Dec 5, 2012 | Docket: 60237103

Published

Opportunity.” The term “misconduct” is defined, in section 443.036(30), as: (a) Conduct demonstrating conscious

Vidal v. Florida Reemployment Assistance Appeals Commission

96 So. 3d 436, 2012 WL 2814006, 2012 Fla. App. LEXIS 11108

District Court of Appeal of Florida | Filed: Jul 11, 2012 | Docket: 60311517

Published

795, 798 (Fla. 1st DCA 2009). As defined in section 443.036(36), Florida Statutes (2010), and under the

Tourelle v. Florida Unemployment Appeals Commission

80 So. 3d 445, 2012 WL 573534, 2012 Fla. App. LEXIS 2705

District Court of Appeal of Florida | Filed: Feb 23, 2012 | Docket: 2413988

Published

less than his or her weekly benefit amount." § 443.036(43)(a), Fla. Stat. (2009). In November of 2010

Logalbo v. Florida Unemployment Appeals Commission

79 So. 3d 936, 2012 WL 573531, 2012 Fla. App. LEXIS 2706

District Court of Appeal of Florida | Filed: Feb 23, 2012 | Docket: 60305415

Published

he did not commit misconduct as defined by section 443.036(30), Florida Statutes (2011). The issue is

Marsocci v. Florida Unemployment Appeals Commission

76 So. 3d 27, 2011 Fla. App. LEXIS 19046, 2011 WL 5965805

District Court of Appeal of Florida | Filed: Nov 30, 2011 | Docket: 2352159

Published

the occupation in which work is being sought." § 443.036(1), Fla. Stat. (2010). "Available for work" means

Gonzalez v. Florida Unemployment Appeals Commission

80 So. 3d 335, 2011 Fla. App. LEXIS 10174, 2010 WL 4103359

District Court of Appeal of Florida | Filed: Jun 29, 2011 | Docket: 2415691

Published

benefits based upon employee misconduct. See § 443.036(29), Fla. Stat. (2010). The deci*341sion advised

Bryant v. Florida Unemployment Appeals Commission

61 So. 3d 1181, 2011 Fla. App. LEXIS 5644, 2011 WL 1496724

District Court of Appeal of Florida | Filed: Apr 21, 2011 | Docket: 60300378

Published

statutory definition of “totally unemployed” in section 443.036, Florida Statute, because that statute requires

Bryant v. Florida Unemployment Appeals Commission

61 So. 3d 1181, 2011 Fla. App. LEXIS 5644, 2011 WL 1496724

District Court of Appeal of Florida | Filed: Apr 21, 2011 | Docket: 60300378

Published

statutory definition of “totally unemployed” in section 443.036, Florida Statute, because that statute requires

Loguerre v. Florida Unemployment Appeals Commission

61 So. 3d 1183, 2011 Fla. App. LEXIS 5650, 2011 WL 1501991

District Court of Appeal of Florida | Filed: Apr 21, 2011 | Docket: 2360990

Published

level of disqualifying misconduct defined in section 443.036(29)(a), Florida Statutes (2009). Appellant's

Hubbard v. State, Unemployment Appeals Commission

53 So. 3d 1261, 2011 Fla. App. LEXIS 2255, 2011 WL 611887

District Court of Appeal of Florida | Filed: Feb 23, 2011 | Docket: 60298056

Published

has a right to expect of his or her employee.” § 443.036(29)(a), Fla. Stat. (2009). Affirmed. GROSS,

Roberson v. Florida Unemployment Appeals Commission

53 So. 3d 1217, 2011 Fla. App. LEXIS 1578, 2011 WL 479983

District Court of Appeal of Florida | Filed: Feb 11, 2011 | Docket: 60298031

Published

could be excused by making up the lost time. Section 443.036(29), Florida Statutes (2009), defines misconduct

Lopez v. A Aaron Super Rooter, Inc.

54 So. 3d 575, 2011 Fla. App. LEXIS 1534, 2011 WL 613694

District Court of Appeal of Florida | Filed: Feb 9, 2011 | Docket: 60298331

Published

639, 640 (Fla. 1st DCA 1999). Affirmed.3 . Section 443.036(29), Florida Statutes (2010), defines “misconduct”

Gonzalez v. Florida Unemployment Appeals Commission

50 So. 3d 703, 2010 Fla. App. LEXIS 19002, 2010 WL 5076514

District Court of Appeal of Florida | Filed: Dec 14, 2010 | Docket: 2545904

Published

from receiving unemployment benefits. Under section 443.036(29), Florida Statutes (2009): *704 (29) "Misconduct"

Sunshine Guardrail Corp. v. Florida Unemployment Appeals Commission

44 So. 3d 196, 2010 Fla. App. LEXIS 13616, 2010 WL 3564724

District Court of Appeal of Florida | Filed: Sep 15, 2010 | Docket: 2563520

Published

employer." § 443.036(26)(b), Fla. Stat. (1995). Misconduct, as defined in section 443.036(29)(b), Florida

Godoy v. Florida Unemployment Appeals Commission

43 So. 3d 80, 2010 Fla. App. LEXIS 10566, 2010 WL 2836351

District Court of Appeal of Florida | Filed: Jul 21, 2010 | Docket: 60295481

Published

discharged for misconduct connected with work. See § 443.036(29), Fla. Stat. (2009). The Commission affirmed

Godoy v. Florida Unemployment Appeals Commission

43 So. 3d 80, 2010 Fla. App. LEXIS 10566, 2010 WL 2836351

District Court of Appeal of Florida | Filed: Jul 21, 2010 | Docket: 60295481

Published

discharged for misconduct connected with work. See § 443.036(29), Fla. Stat. (2009). The Commission affirmed

Hernandez v. AMERICAN GENERAL FINANCE

39 So. 3d 476, 2010 Fla. App. LEXIS 9853, 2010 WL 2670850

District Court of Appeal of Florida | Filed: Jul 7, 2010 | Docket: 2409279

Published

to the level of "misconduct" as defined in section 443.036(29), Florida Statutes (2009), and thus precludes

Moffat v. Florida Unemployment Appeals Commission

33 So. 3d 694, 2010 Fla. App. LEXIS 2079, 2010 WL 624180

District Court of Appeal of Florida | Filed: Feb 24, 2010 | Docket: 1649262

Published

duties and obligations to his or her employer. § 443.036(29), Fla. Stat. (2008). "In order to support a

Robinson v. DELTA PAINTING, INC.

27 So. 3d 776, 2010 Fla. App. LEXIS 1574, 2010 WL 532802

District Court of Appeal of Florida | Filed: Feb 17, 2010 | Docket: 1664687

Published

duties and obligations to his or her employer." § 443.036(29)(b), Fla. Stat. (2008). The Commission takes

Hialeah Housing Authority v. Florida Unemployment Appeals Commission

16 So. 3d 216, 2009 Fla. App. LEXIS 11240, 2009 WL 2448155

District Court of Appeal of Florida | Filed: Aug 12, 2009 | Docket: 1641086

Published

misconduct connected with work is determined by section 443.036, Florida Statutes (2008), which provides, in

Carson v. Florida Unemployment Appeals Commission

1 So. 3d 289, 2009 Fla. App. LEXIS 187, 2009 WL 78042

District Court of Appeal of Florida | Filed: Jan 14, 2009 | Docket: 1653988

Published

to the level of "misconduct" as defined by section 443.036(29), Florida Statutes (2007).[2]Davidson v

Knowles Affiliates, Inc. v. Florida Unemployment Appeals Commission

967 So. 2d 362, 2007 Fla. App. LEXIS 15949, 2007 WL 2935478

District Court of Appeal of Florida | Filed: Oct 10, 2007 | Docket: 64852780

Published

WELLS, Judge. Affirmed. See § 443.036(29), Fla. Stat. (2006) (providing that only willful violations

Nerenberg v. Department of Education

948 So. 2d 933, 2007 Fla. App. LEXIS 1967, 2007 WL 486599

District Court of Appeal of Florida | Filed: Feb 16, 2007 | Docket: 64849148

Published

unemployment compensation. Nerenberg relies on section 443.036(20)(b), Florida Statutes *935(2005), to support

Media General Operations, Inc. v. Unemployment Appeals Commission

947 So. 2d 632, 2007 Fla. App. LEXIS 498, 2007 WL 120295

District Court of Appeal of Florida | Filed: Jan 19, 2007 | Docket: 64848718

Published

in the unemployment compensation statute. See § 443.036(29), Fla. Stat. (2005). Media General appealed

Franks v. Unemployment Appeals Commission

938 So. 2d 642, 2006 Fla. App. LEXIS 16901, 2006 WL 2871860

District Court of Appeal of Florida | Filed: Oct 11, 2006 | Docket: 64847085

Published

rise to the level of misconduct as defined in section 443.036(29), Florida Statutes (2004), we reverse. Ms

De La Torre v. New Century Mortgage Corp.

935 So. 2d 1264, 2006 Fla. App. LEXIS 14059, 2006 WL 2422823

District Court of Appeal of Florida | Filed: Aug 23, 2006 | Docket: 64846181

Published

compensation statute. Misconduct is defined in Section 443.036(29), Florida Statutes (2005), as follows: (29)

HIALEAH HOUSING AUTHORITY v. Garcia

933 So. 2d 123, 2006 Fla. App. LEXIS 8891, 2006 WL 1541386

District Court of Appeal of Florida | Filed: Jun 7, 2006 | Docket: 1308799

Published

benefits"). Accordingly, we affirm. NOTES [1] Section 443.036(29) in pertinent part provides: "Misconduct"

Brenner v. Florida Unemployment Appeals Commission

929 So. 2d 630, 2006 Fla. App. LEXIS 7042, 2006 WL 1331513

District Court of Appeal of Florida | Filed: May 10, 2006 | Docket: 64844708

Published

this same claimant under the 2003 version of section 443.036(21)3 because of his position in the Senior

Bagenstos v. UNEMPLOYMENT APPEALS COM'N

927 So. 2d 153, 2006 WL 1083918

District Court of Appeal of Florida | Filed: Apr 26, 2006 | Docket: 1765021

Published

The standard for misconduct is identified in section 443.036(29), Florida Statutes. See Durall v. Unemployment

Byrum v. Unemployment Appeals Commission

920 So. 2d 184, 2006 Fla. App. LEXIS 1654, 2006 WL 305486

District Court of Appeal of Florida | Filed: Feb 10, 2006 | Docket: 64842181

Published

excessive absences amounted to misconduct. See § 443.036(29), Fla. Stat. (2004). Because there was no competent

Velazquez v. State, Unemployment Appeals Commission

916 So. 2d 1004, 2006 Fla. App. LEXIS 1434, 2006 WL 12946

District Court of Appeal of Florida | Filed: Jan 4, 2006 | Docket: 64841424

Published

misconduct as outlined in section 443.036(29), Florida Statutes (2004). Section 443.036(29) defines misconduct

Grover v. Brumell Investigations, Inc.

915 So. 2d 750, 2005 Fla. App. LEXIS 19294, 2005 WL 3334576

District Court of Appeal of Florida | Filed: Dec 9, 2005 | Docket: 64841079

Published

was unemployed as defined by the statute. See § 443.036(39). It was uncon-troverted that Mr. Grover continued

Salinas v. Eastern Aero Marine

908 So. 2d 1169, 2005 Fla. App. LEXIS 13588, 2005 WL 2030302

District Court of Appeal of Florida | Filed: Aug 24, 2005 | Docket: 64840048

Published

duties and obligations to his or her employer. § 443.036(29), Fla. Stat. (2004). The statute defining misconduct

Terry Roberts Site Work, Inc. v. Unemployment Appeals Commission

908 So. 2d 592, 2005 Fla. App. LEXIS 12537, 2005 WL 1923102

District Court of Appeal of Florida | Filed: Aug 12, 2005 | Docket: 64839825

Published

has a right to expect of his or her employee.” § 443.036(29)(a), Fla. Stat. (2003). An employer has a right

Cruz v. Unemployment Appeals Commission

901 So. 2d 1010, 2005 Fla. App. LEXIS 7278, 2005 WL 1163026

District Court of Appeal of Florida | Filed: May 18, 2005 | Docket: 64838127

Published

has a right to expect of his or her employee.” § 443.036(29)(a), Fla. Stat. (2003). In Scardino v. Unemployment

His Kids Daycare v. Florida Unemployment Appeals Commission

904 So. 2d 477, 2005 Fla. App. LEXIS 6602, 2005 WL 1036682

District Court of Appeal of Florida | Filed: May 5, 2005 | Docket: 64839034

Published

, concur. . The appeals referee cited to section 443.036(21)(d)(l)(a), Florida Statutes, which no longer

Robinson v. Unemployment Appeals Commission

899 So. 2d 426, 2005 Fla. App. LEXIS 4534, 2005 WL 735894

District Court of Appeal of Florida | Filed: Apr 1, 2005 | Docket: 64837633

Published

receiving unemployment benefits pursuant to section 443.036, Florida Statutes, after being terminated by

Smith v. Unemployment Appeals Commission

891 So. 2d 650, 2005 Fla. App. LEXIS 865, 2005 WL 229870

District Court of Appeal of Florida | Filed: Feb 2, 2005 | Docket: 64835498

Published

was not entitled to unemployment benefits. Section 443.036(29), Florida Statutes (2003), defines “misconduct”

Torres Electrical Supply v. Horn

890 So. 2d 549, 2005 Fla. App. LEXIS 81, 2005 WL 53269

District Court of Appeal of Florida | Filed: Jan 12, 2005 | Docket: 64835323

Published

construing the definition of misconduct under section 443.036(29), Florida Statutes (2003), have held that

LaCharite v. State, Unemployment Appeals Commission

890 So. 2d 354, 2004 Fla. App. LEXIS 19467, 2004 WL 2921807

District Court of Appeal of Florida | Filed: Dec 20, 2004 | Docket: 64835271

Published

connected with work within the meaning of section 443.036(29), Florida Statutes (2003), we reverse. LaCharite

Riesco v. Florida Unemployment Appeals Commission

889 So. 2d 119, 2004 Fla. App. LEXIS 17875, 2004 WL 2727450

District Court of Appeal of Florida | Filed: Nov 24, 2004 | Docket: 64834978

Published

matter law, amount to disqualifying “misconduct.” § 443.036(29), Fla. Stat. (2003); Castillo v. Florida Unemployment

Zavala v. Florida Unemployment Appeals Commission

886 So. 2d 319, 2004 Fla. App. LEXIS 17046, 2004 WL 2534288

District Court of Appeal of Florida | Filed: Nov 10, 2004 | Docket: 64834104

Published

of law, amount to disqualifying “misconduct.” § 443.036(29), Fla. Stat. (2003); Castillo v. Florida Unemployment

Ruberte v. FLA. UNEMPLOYMENT APPEALS COM'N

885 So. 2d 976, 2004 WL 2452478

District Court of Appeal of Florida | Filed: Nov 3, 2004 | Docket: 1685327

Published

duties and obligations to his or her employer. § 443.036(29), Fla. Stat. (2001). Given the fact that the

Leith v. Unemployment Appeals Commission

884 So. 2d 1160, 2004 Fla. App. LEXIS 16090, 2004 WL 2413885

District Court of Appeal of Florida | Filed: Oct 29, 2004 | Docket: 64833681

Published

duties and obligations to his or her employer.” § 443.036(29), Fla. Stat. (2002). “In determining whether

Borrego v. UNEMPLOYMENT APPEALS COMM.

884 So. 2d 520, 2004 Fla. App. LEXIS 14996, 2004 WL 2290891

District Court of Appeal of Florida | Filed: Oct 13, 2004 | Docket: 1683075

Published

constitute misconduct within the meaning of section 443.036(29), Florida Statutes (2004), and ordered that

Hamilton v. Unemployment Appeals Commission

880 So. 2d 1284, 2004 Fla. App. LEXIS 13264, 2004 WL 1948656

District Court of Appeal of Florida | Filed: Sep 3, 2004 | Docket: 64832332

Published

“misconduct connected with his or her work.” Section 443.036(29), Florida Statutes (2002), defines “misconduct”

Johnson v. Unemployment Appeals Commission

884 So. 2d 228, 2004 Fla. App. LEXIS 11670, 29 Fla. L. Weekly Fed. D 1782

District Court of Appeal of Florida | Filed: Aug 6, 2004 | Docket: 64833458

Published

falsification of records or similar wrongdoing. Section 443.036(29), Florida Statutes (2001), defines the term

Rosier v. Unemployment Appeals Commission

873 So. 2d 614, 2004 Fla. App. LEXIS 7556, 2004 WL 1175566

District Court of Appeal of Florida | Filed: May 28, 2004 | Docket: 64830723

Published

the meaning of the unemployment statute. See § 443.036(29), Fla. Stat. (2002). *617Because the referee’s

Melenez v. Florida Unemployment Appeals Commission

871 So. 2d 914, 2004 Fla. App. LEXIS 6243, 2004 WL 957610

District Court of Appeal of Florida | Filed: May 5, 2004 | Docket: 64830087

Published

for denial of unemployment benefits under Section 443.036(29)(a), Florida Statutes (2003). Revei’sed

Peaden v. UNEMPLOYMENT APPEALS COM'N

865 So. 2d 690, 2004 Fla. App. LEXIS 1815, 2004 WL 314308

District Court of Appeal of Florida | Filed: Feb 20, 2004 | Docket: 1232162

Published

GRIFFIN and MONACO, JJ., concur. NOTES [1] § 443.036(29), Fla. Stat. (2003).

Ferrari v. Lowenstein & Co., P.A.

863 So. 2d 1286, 2004 Fla. App. LEXIS 621, 2004 WL 133989

District Court of Appeal of Florida | Filed: Jan 28, 2004 | Docket: 64827598

Published

finding of misconduct connected with work, see § 443.036(29), Fla. Stat. (2002), as we must accept the

Hernandez v. Florida Orthopedics Inc.

861 So. 2d 525, 2003 Fla. App. LEXIS 19534, 2003 WL 23008834

District Court of Appeal of Florida | Filed: Dec 24, 2003 | Docket: 64827037

Published

benefits was “misconduct” connected to work. See § 443.036(29), Fla. Stat. (2002). Accepting the findings

Winters v. State

858 So. 2d 1218, 2003 Fla. App. LEXIS 17061, 2003 WL 22658159

District Court of Appeal of Florida | Filed: Nov 12, 2003 | Docket: 64826409

Published

See § 443.091(1), Fla. Stat. (2002). Under section 443.036(39)(a) of the Florida Statutes, “an individual

Smith v. Bankers Life & Casualty Co.

852 So. 2d 297, 2003 Fla. App. LEXIS 10873, 2003 WL 21673034

District Court of Appeal of Florida | Filed: Jul 18, 2003 | Docket: 64824360

Published

which no earned income is payable to him or her. § 443.036(39), Fla. Stat. (2001). This court has held that

Stappenbeck v. Florida Unemployment Appeals Commission

832 So. 2d 945, 2002 Fla. App. LEXIS 19173, 2002 WL 31870529

District Court of Appeal of Florida | Filed: Dec 26, 2002 | Docket: 64819537

Published

thus discharged for misconduct as defined by section 443.036(29), Fla. Stat. (2001). See Bozzo v. Safelite

Anderson v. Unemployment Appeals Commission

822 So. 2d 563, 2002 Fla. App. LEXIS 10901

District Court of Appeal of Florida | Filed: Aug 2, 2002 | Docket: 64816652

Published

duties and obligations to his or her employer. § 443.036(29)(a), (b), Fla. Stat. (2000). The Unemployment

Fisher v. Unemployment Appeals Commission

820 So. 2d 379, 2002 Fla. App. LEXIS 7252, 2002 WL 1040313

District Court of Appeal of Florida | Filed: May 24, 2002 | Docket: 64816215

Published

“misconduct” as that term is defined by statute. Section 443.036(29), Florida Statutes (1999) provides: MISCONDUCT

Howell v. Florida Unemployment Appeals Commission

802 So. 2d 1177, 2001 Fla. App. LEXIS 18019, 2001 WL 1635581

District Court of Appeal of Florida | Filed: Dec 21, 2001 | Docket: 64811246

Published

duties and obligations to his or her employer. § 443.036(29), Fla. Stat. (2000). Excessive, unauthorized

Copple v. U.S. Postal Service

805 So. 2d 922, 2001 Fla. App. LEXIS 15193, 2001 WL 1334318

District Court of Appeal of Florida | Filed: Oct 31, 2001 | Docket: 64811968

Published

has the right to expect from an employee. See § 443.036(29), Fla. Stat. (2000). The U.S. Postal Service

Etienne v. Muvico Theatres, Inc.

792 So. 2d 648, 2001 Fla. App. LEXIS 12139, 2001 WL 984613

District Court of Appeal of Florida | Filed: Aug 29, 2001 | Docket: 64807727

Published

level of misconduct as that term is defined in section 443.036(29), Fla. Stat. (2000). Cullen; Doyle. Accordingly

Ching v. Unemployment Appeals Commission

783 So. 2d 367, 2001 Fla. App. LEXIS 5938, 2001 WL 467554

District Court of Appeal of Florida | Filed: May 4, 2001 | Docket: 64804994

Published

proceeding was “earned income” as defined in section 443.036(16), Florida Statutes (Supp.1998), which provides:

Kolodney v. State Unemployment Appeals Commission

779 So. 2d 583, 2001 Fla. App. LEXIS 1402, 2001 WL 121107

District Court of Appeal of Florida | Filed: Feb 14, 2001 | Docket: 64804221

Published

behavior which the employer has a right to expect.” § 443.036, Fla.Stat. (2000); see Finish Line Feed, Inc.

Renaud V. Precision Response Corp.

773 So. 2d 1226, 2000 Fla. App. LEXIS 16248, 2000 WL 1816955

District Court of Appeal of Florida | Filed: Dec 13, 2000 | Docket: 64802570

Published

Krugmartr-Kadi, 547 So.2d 677 (Fla. 1st DCA 1989). Section 443.036 Florida Statutes (1999) provides: (29) Misconduct

Gordon v. Unemployment Appeals Commission

771 So. 2d 1290, 2000 Fla. App. LEXIS 15440, 2000 WL 1745159

District Court of Appeal of Florida | Filed: Nov 29, 2000 | Docket: 64801924

Published

Florida unemployment compensation law under section 443.036(21)(d) 1 a, Florida Statutes (1999), is entirely

Wells v. Florida Unemployment Appeals Commission

767 So. 2d 624, 2000 Fla. App. LEXIS 12358, 2000 WL 1397870

District Court of Appeal of Florida | Filed: Sep 27, 2000 | Docket: 64800514

Published

denial of unemployment benefits. We disagree. Section 443.036(29), Florida Statutes, defines misconduct as

Beck v. Florida Unemployment Appeals Commission

768 So. 2d 522, 2000 Fla. App. LEXIS 11435, 2000 WL 1269299

District Court of Appeal of Florida | Filed: Sep 8, 2000 | Docket: 64800769

Published

support a denial of benefits as required by section 443.036(29), Florida Statutes (Supp.1998).1 “[C]ase

Lewis v. Unemployment Appeals Commission

757 So. 2d 603, 2000 Fla. App. LEXIS 5700, 2000 WL 569916

District Court of Appeal of Florida | Filed: May 12, 2000 | Docket: 64797181

Published

connected with work within the meaning of section 443.036(26), Florida Statutes (1997). Lewis worked

Nguyen v. Florida Unemployment Appeals Commission

755 So. 2d 763, 2000 Fla. App. LEXIS 3746, 2000 WL 331903

District Court of Appeal of Florida | Filed: Mar 31, 2000 | Docket: 64796750

Published

connected with work within the meaning of section 443.036(26), Florida Statutes (1997). See Sumlar v

Miami-Dade County v. State Department of Labor & Employment Security, Division of Unemployment Compensation

749 So. 2d 574, 2000 Fla. App. LEXIS 465, 2000 WL 60202

District Court of Appeal of Florida | Filed: Jan 26, 2000 | Docket: 64794218

Published

County now appeals. We begin by observing that section 443.036(19), Florida Statutes (1997), contained in

Pereira v. Unemployment Appeals Commission

745 So. 2d 573, 1999 Fla. App. LEXIS 16643, 1999 WL 1127742

District Court of Appeal of Florida | Filed: Dec 10, 1999 | Docket: 64792520

Published

indifference to the employer’s interests. See § 443.036(29), Fla. Stat. Absent such evidence, the appellant’s

Durall v. Unemployment Appeals Commission

743 So. 2d 166, 1999 Fla. App. LEXIS 13748, 1999 WL 966735

District Court of Appeal of Florida | Filed: Oct 20, 1999 | Docket: 64791674

Published

misconduct meets the standard identified in section 443.036(29), Florida Statutes (Supp.1998): MISCONDUCT

Clark v. Professional Call Centers, Inc.

743 So. 2d 95, 1999 Fla. App. LEXIS 12132, 1999 WL 770712

District Court of Appeal of Florida | Filed: Sep 10, 1999 | Docket: 64791654

Published

receiving benefits. Misconduct is defined in section 443.036(26), Florida Statutes (1997), as: (a) Conduct

Chavez v. Winn Dixie Stores, Inc.

736 So. 2d 807, 1999 Fla. App. LEXIS 9707, 1999 WL 510782

District Court of Appeal of Florida | Filed: Jul 21, 1999 | Docket: 64789246

Published

Stores, Inc., 421 So.2d 818 (Fla. 4th DCA 1982); § 443.036(26), Fla. Stat. (1997). Affirmed.

Cabrera v. Palmetto Ford Truck Sales Inc.

740 So. 2d 568, 1999 Fla. App. LEXIS 8676, 1999 WL 435751

District Court of Appeal of Florida | Filed: Jun 30, 1999 | Docket: 64790663

Published

conduct did not amount to misconduct under Section 443.036(26), Florida Statutes (1997), he should not

Glenn v. Unemployment Appeals Commission

731 So. 2d 868, 1999 Fla. App. LEXIS 6827, 1999 WL 333146

District Court of Appeal of Florida | Filed: May 27, 1999 | Docket: 64788048

Published

duties and obligations to his or her employer. § 443.036(26), Fla. Stat. (1997). Under the statute, not

Abbas v. Unemployment Appeals Commission

732 So. 2d 450, 1999 Fla. App. LEXIS 5790, 1999 WL 279471

District Court of Appeal of Florida | Filed: May 7, 1999 | Docket: 64788195

Published

claimant for misconduct connected with her work. Section 443.036, Florida Statutes (1997), defines misconduct

Roberts v. Holland & Knight LLP

728 So. 2d 327, 1999 Fla. App. LEXIS 2564, 1999 WL 123743

District Court of Appeal of Florida | Filed: Mar 10, 1999 | Docket: 64786799

Published

employer has the right to expect from his employee.” § 443.036(26), Fla. Stat. (1997). We must accept the refer*329ee’s

Guido v. Vincam Human Resources, Inc.

729 So. 2d 968, 1999 Fla. App. LEXIS 2553, 1999 WL 123612

District Court of Appeal of Florida | Filed: Mar 10, 1999 | Docket: 64787409

Published

notified. We are not persuaded by this argument. Section 443.036(18), Florida Statutes (1997), defines an employing

Lugo v. Westside Sanitation, Inc.

744 So. 2d 465, 1999 Fla. App. LEXIS 1900, 1999 WL 90131

District Court of Appeal of Florida | Filed: Feb 24, 1999 | Docket: 64792035

Published

rise to the level of misconduct as defined in section 443.036(26), Florida Statutes (1997). See Castillo

Garcia v. Viking Life-Saving Equipment America, Inc.

728 So. 2d 295, 1999 Fla. App. LEXIS 1463, 1999 WL 72207

District Court of Appeal of Florida | Filed: Feb 17, 1999 | Docket: 64786781

Published

of disqualifying misconduct as defined in section 443.036(26), Florida Statutes (1997). The referee’s

Tacher v. Unemployment Appeals Commission

721 So. 2d 813, 1998 Fla. App. LEXIS 15874, 1998 WL 874876

District Court of Appeal of Florida | Filed: Dec 16, 1998 | Docket: 64784656

Published

of “misconduct” as the term is defined in section 443.036(26), Florida Statutes (1997). See Bulkan v

Mitchell v. Eastern Financial Credit Union

721 So. 2d 783, 1998 Fla. App. LEXIS 15511, 1998 WL 870835

District Court of Appeal of Florida | Filed: Dec 9, 1998 | Docket: 64784647

Published

Comm’n, 635 So.2d 1028 (Fla. 2d DCA 1994). Section 443.036(26), Florida Statutes (1997), defines misconduct

Walker v. State, Unemployment Appeals Commission

720 So. 2d 278, 1998 Fla. App. LEXIS 13493, 1998 WL 736319

District Court of Appeal of Florida | Filed: Oct 23, 1998 | Docket: 64784088

Published

within the meaning of the statute.” See also § 443.036(26), Fla. Stat. (1995). Generally, one good faith

Robinson v. Interbond Corp. of America

719 So. 2d 380, 1998 Fla. App. LEXIS 13569, 1998 WL 765018

District Court of Appeal of Florida | Filed: Oct 21, 1998 | Docket: 64783604

Published

rises to the level of misconduct as defined in Section 443.036(26), Florida Statutes (1997). See Castillo

Aguilar v. Bull Motors, Inc.

718 So. 2d 943, 1998 Fla. App. LEXIS 12818, 1998 WL 712803

District Court of Appeal of Florida | Filed: Oct 14, 1998 | Docket: 64783425

Published

misconduct connected with work, as defined by section 443.036(26), Florida Statutes (1997), we reverse the

Rutt v. Jungle Larry's Safari Land, Inc.

718 So. 2d 920, 1998 Fla. App. LEXIS 12347, 1998 WL 667605

District Court of Appeal of Florida | Filed: Sep 30, 1998 | Docket: 64783406

Published

misconduct connected with work, as defined in section 443.036(26), Florida Statutes (1997), and that she

Scotese v. J.C. Penney Co.

717 So. 2d 126, 1998 Fla. App. LEXIS 11418, 1998 WL 568349

District Court of Appeal of Florida | Filed: Sep 9, 1998 | Docket: 64782637

Published

PER CURIAM. Affirmed. § 443.036(26), Fla. Stat. (1997); see Lewis v. Unemployment Appeals Comm’n, 473

Maxfield v. Unemployment Appeals Commission

716 So. 2d 859, 1998 Fla. App. LEXIS 11282, 1998 WL 559651

District Court of Appeal of Florida | Filed: Sep 4, 1998 | Docket: 64782499

Published

competent evidence of misconduct as defined by section 443.036(26)(b), Florida Statutes (1995). Mr. Maxfield

Negron v. Unemployment Appeals Commission

716 So. 2d 858, 1998 Fla. App. LEXIS 11293, 1998 WL 558705

District Court of Appeal of Florida | Filed: Sep 4, 1998 | Docket: 64782496

Published

properly discharged for misconduct pursuant to section 443.036(26), and the consequent denial of receiving

Acosta v. Gold Coast Beverage Distributors Inc.

711 So. 2d 1389, 1998 Fla. App. LEXIS 7890, 1998 WL 347564

District Court of Appeal of Florida | Filed: Jul 1, 1998 | Docket: 64781277

Published

deemed “misconduct” within the meaning of section 443.036(26), Florida Statutes (1995). See Bulkan v

Rosemarin v. State Unemployment Appeals Commission

712 So. 2d 1188, 1998 Fla. App. LEXIS 7187, 1998 WL 314683

District Court of Appeal of Florida | Filed: Jun 17, 1998 | Docket: 64781594

Published

period” of July 1, 1995 through June 30, 1996. See § 443.036(5), Fla. Stat. (1997). During the base period

Momsen v. State, Unemployment Appeals Commission

706 So. 2d 927, 1998 Fla. App. LEXIS 1571, 1998 WL 66946

District Court of Appeal of Florida | Filed: Feb 20, 1998 | Docket: 64779295

Published

definition of unemployment looks to “earned income.” § 443.036(32), Fla. Stat. (1995). Earned income, in turn

Giordani v. Unemployment Appeals Commission

706 So. 2d 897, 1998 Fla. App. LEXIS 1197, 1998 WL 56413

District Court of Appeal of Florida | Filed: Feb 13, 1998 | Docket: 64779291

Published

employee’s duties and obligations to his employer. § 443.036(26), Fla. Stat. (1995). The testimony in this

Mompoint v. Ward Stone College, Inc.

701 So. 2d 1267, 1997 Fla. App. LEXIS 13891, 1997 WL 757329

District Court of Appeal of Florida | Filed: Dec 10, 1997 | Docket: 64777041

Published

not amount to disqualifying misconduct under section 443.036(26), Florida Statutes (1995). See Underhill

May v. Unemployment Appeals Commission

698 So. 2d 352, 1997 Fla. App. LEXIS 9469, 1997 WL 472074

District Court of Appeal of Florida | Filed: Aug 20, 1997 | Docket: 64775459

Published

work” is defined as “employment for employers.” § 443.036(25). The statute broadly defines “employment”

Goldstein v. Lulu's

696 So. 2d 1342, 1997 Fla. App. LEXIS 8397, 1997 WL 408779

District Court of Appeal of Florida | Filed: Jul 23, 1997 | Docket: 64775083

Published

to which no earned income is payable to him.” § 443.036(32), Fla. Stat. (1995) (emphasis added). “Earned

Gilbert v. Department of Corrections

696 So. 2d 416, 1997 Fla. App. LEXIS 7244

District Court of Appeal of Florida | Filed: Jun 27, 1997 | Docket: 64774718

Published

work. § 443.101(l)(a), Fla. Stat. (1995). Section 443.036(26), Florida Statutes (1995), defines “misconduct”

May v. Transportation Engineering, Inc.

746 So. 2d 465, 1997 Fla. App. LEXIS 6544, 1997 WL 318046

District Court of Appeal of Florida | Filed: Jun 13, 1997 | Docket: 64792818

Published

misconduct connected with work, as defined in section 443.036(26), Florida Statutes (1995). The Unemployment

Gerhart v. Florida Unemployment Appeals Commission

694 So. 2d 880, 1997 Fla. App. LEXIS 6533, 1997 WL 314814

District Court of Appeal of Florida | Filed: Jun 13, 1997 | Docket: 64774102

Published

actions constituted misconduct as defined in section 443.036(26)(a) or (b), Florida Statutes (1995). Upon

Kelton v. Colonial Properties Services

694 So. 2d 867, 1997 Fla. App. LEXIS 6200, 1997 WL 306975

District Court of Appeal of Florida | Filed: Jun 6, 1997 | Docket: 64774093

Published

misconduct connected with work, as defined in section 443.036(26), Florida Statutes (1995). The Unemployment

Hill v. Unemployment Appeals Commission

686 So. 2d 658, 1996 Fla. App. LEXIS 12784, 1996 WL 695290

District Court of Appeal of Florida | Filed: Dec 6, 1996 | Docket: 64770406

Published

of Chapter 443, both are equally “unemployed.” § 443.036(32), Fla.Stat. (1995). As far as I can tell, there

Huston v. Key Largo Shopper, Inc.

682 So. 2d 704, 1996 Fla. App. LEXIS 11952, 1996 WL 661778

District Court of Appeal of Florida | Filed: Nov 13, 1996 | Docket: 64768786

Published

PER CURIAM. Affirmed. § 443.036(26), Fla. Stat. (1995).

Calvo v. Florida Coca-Cola Bottling Co.

672 So. 2d 847, 1996 Fla. App. LEXIS 2038, 1996 WL 93911

District Court of Appeal of Florida | Filed: Mar 6, 1996 | Docket: 64764294

Published

to the level of misconduct required under section 443.036(26)(a) of the Florida Statutes. See Betancourt

Barreto v. Taco Bell Corp.

661 So. 2d 874, 1995 Fla. App. LEXIS 10396, 1995 WL 581364

District Court of Appeal of Florida | Filed: Oct 5, 1995 | Docket: 64759504

Published

engage in misconduct within the meaning of section 443.036(26), Florida Statutes (1993). See Copp v. 4126

Yanda v. Aetna Life Insurance Co.

658 So. 2d 1218, 1995 Fla. App. LEXIS 8673, 1995 WL 480540

District Court of Appeal of Florida | Filed: Aug 16, 1995 | Docket: 64758171

Published

that Yanda brings the instant appeal. Under section 443.036(26), “misconduct” includes but is not limited

Inclan v. Travelers Insurance Co.

656 So. 2d 511, 1995 Fla. App. LEXIS 5621, 1995 WL 316725

District Court of Appeal of Florida | Filed: May 24, 1995 | Docket: 64757222

Published

PER CURIAM. Affirmed. § 443.036(26)(a), Fla.Stat. (1993). See Brownstein v. Hartwell Enter., Inc., 647

AAA Gold Coast Moving & Storage, Inc. v. Weiss

654 So. 2d 281, 1995 Fla. App. LEXIS 4625, 1995 WL 253787

District Court of Appeal of Florida | Filed: May 3, 1995 | Docket: 64755900

Published

unit for misconduct connected with his work. Section 443.036(26), Florida Statutes (1993), defines misconduct

Calhoun v. Bedway Security Agency, Inc.

652 So. 2d 988, 1995 Fla. App. LEXIS 3678, 1995 WL 170389

District Court of Appeal of Florida | Filed: Apr 12, 1995 | Docket: 64755266

Published

PER CURIAM. Affirmed. § 443.036(26), Fla.Stat. (1993); Stahl v. Florida Unemployment Appeals Comm’n

Friedman v. Unemployment Appeals Commission

652 So. 2d 515, 1995 Fla. App. LEXIS 3484, 1995 WL 144203

District Court of Appeal of Florida | Filed: Apr 5, 1995 | Docket: 64755165

Published

constituted misconduct connected with the work under section 443.036(26), Florida Statutes (1993). The claimant’s

Bobo v. Caterair International Corp.

657 So. 2d 4, 1995 Fla. App. LEXIS 3475, 1995 WL 144265

District Court of Appeal of Florida | Filed: Apr 5, 1995 | Docket: 64757483

Published

wanton disregard of an employer’s interests_” § 443.036(26)(a), Fla.Stat. (1993); Adams v. Burdines, Inc

International Ass'n of Machinists v. Tucker

652 So. 2d 842, 1995 Fla. App. LEXIS 1851, 1995 WL 73566

District Court of Appeal of Florida | Filed: Feb 24, 1995 | Docket: 64755209

Published

that the strike benefits were not wages under section 443.036(33), Florida Statutes (1989). On redetermination

Kirby Center of Spring Hill v. State, Department of Labor & Employment Security, Division of Unemployment Compensation

650 So. 2d 1060, 1995 Fla. App. LEXIS 1418, 1995 WL 61454

District Court of Appeal of Florida | Filed: Feb 16, 1995 | Docket: 64754444

Published

telephone solicitors are direct sellers under section 443.036(19)(n)21, Florida Statutes (1990), which defines

Brownstein v. Hartwell Enterprises, Inc.

647 So. 2d 1004, 1994 WL 706226

District Court of Appeal of Florida | Filed: Dec 21, 1994 | Docket: 1524742

Published

employee's duties and obligations to his employer." § 443.036(26), Fla. Stat. (1993). In general, mere unsatisfactory

DeLisi v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION

646 So. 2d 798, 1994 WL 680195

District Court of Appeal of Florida | Filed: Dec 7, 1994 | Docket: 1405267

Published

"totally unemployed" as that term is used in section 443.036(32)(a), Florida Statutes (1993). The Commission

Bogle v. Unemployment Appeals Commission

645 So. 2d 602, 1994 Fla. App. LEXIS 11635, 1994 WL 669792

District Court of Appeal of Florida | Filed: Dec 2, 1994 | Docket: 64752281

Published

Bogle, was properly discharged for misconduct. Section 443.036(26), Fla.Stat. (1993). The decision of the

Tanav v. DHL

639 So. 2d 1053, 1994 Fla. App. LEXIS 6903, 1994 WL 330084

District Court of Appeal of Florida | Filed: Jul 12, 1994 | Docket: 64749699

Published

actions do not amount to “misconduct” under section 443.036(26), Florida Statutes (1993). Doyle v. Florida

Phanco v. Unemployment Appeals Commission

639 So. 2d 695, 1994 Fla. App. LEXIS 6646, 1994 WL 321732

District Court of Appeal of Florida | Filed: Jul 8, 1994 | Docket: 64749648

Published

of misconduct. “Misconduct” is defined by section 443.036(26), Florida Statutes (1993) as: • ‘Misconduct’

King v. Walgreen Co.

635 So. 2d 997, 1994 Fla. App. LEXIS 3687, 1994 WL 137784

District Court of Appeal of Florida | Filed: Apr 19, 1994 | Docket: 64747906

Published

did not amount to disqualifying “misconduct.” § 443.036(26), Fla.Stat. (1991); Castillo v. Sally Beauty

Delbeck v. Filmachine, Inc.

627 So. 2d 130, 1993 Fla. App. LEXIS 12386, 1993 WL 502290

District Court of Appeal of Florida | Filed: Dec 7, 1993 | Docket: 64744297

Published

Williams Island, 568 So.2d 106 (Fla. 3d DCA 1990); § 443.036(26), Fla.Stat. (1991). See also Tallahassee Hous

Menendez v. Kent Security Services, Inc.

626 So. 2d 1116, 1993 Fla. App. LEXIS 11852, 1993 WL 492590

District Court of Appeal of Florida | Filed: Nov 30, 1993 | Docket: 64744112

Published

Nordin, 101 So.2d 890 (Fla. 1st. DCA 1958); § 443.036(26), Fla.Stat. (1991).

Strazisar v. Staff Management Systems, Inc.

629 So. 2d 876, 1993 Fla. App. LEXIS 11163, 1993 WL 452224

District Court of Appeal of Florida | Filed: Nov 5, 1993 | Docket: 64745360

Published

disqualification in all but exceptional circumstances. See § 443.036(26), Fla.Stat. (1991). Second, the employer has

Sassi v. Five Star Productions

623 So. 2d 864, 1993 Fla. App. LEXIS 9189, 1993 WL 349940

District Court of Appeal of Florida | Filed: Sep 15, 1993 | Docket: 64698572

Published

for misconduct connected with his work,_” Section 443.036(26) further defines “misconduct” as follows:

Clifford v. Mile Marker 82 Ltd. Partnership

623 So. 2d 632, 1993 Fla. App. LEXIS 9183, 1993 WL 347496

District Court of Appeal of Florida | Filed: Sep 14, 1993 | Docket: 64698479

Published

discharged employee for unemployment benefits. § 443.-036(26), Fla.Stat. (1991). All that can be reasonably

Rollins v. Southern Bell

622 So. 2d 185, 1993 Fla. App. LEXIS 8626, 1993 WL 310753

District Court of Appeal of Florida | Filed: Aug 17, 1993 | Docket: 64698072

Published

Detwiler, 368 So.2d 81 (Fla. 4th DCA 1979); § 443.-036(26), Fla.Stat. (1991).

Seifried v. Shell Lumber & Hardware Company

619 So. 2d 526, 1993 Fla. App. LEXIS 6669, 1993 WL 217197

District Court of Appeal of Florida | Filed: Jun 22, 1993 | Docket: 64696674

Published

conclusions of law and is entitled to construe section 443.036(26), Florida Statutes (1991), in accordance

Nelson v. Dade County Aviation Department

616 So. 2d 56, 1993 Fla. App. LEXIS 2898, 1993 WL 72273

District Court of Appeal of Florida | Filed: Mar 16, 1993 | Docket: 64695227

Published

argument. The referee’s decision observed that section 443.036(18) defines an employment unit in some detail

La Fata v. Beverly Hills Cafe III Inc.

605 So. 2d 175, 1992 Fla. App. LEXIS 10250, 1992 WL 240654

District Court of Appeal of Florida | Filed: Sep 29, 1992 | Docket: 64670000

Published

PER CURIAM. Affirmed. See § 443.036(26), Fla.Stat. (1991).

Finamore v. Upjohn Healthcare Services, Inc.

601 So. 2d 303, 1992 Fla. App. LEXIS 7226, 1992 WL 139015

District Court of Appeal of Florida | Filed: Jun 23, 1992 | Docket: 64668618

Published

Commerce, 323 So.2d 286, 288 (Fla. 2d DCA 1975); § 443.036(26), Fla.Stat. (1989). Reversed and remanded.

Lewis v. Unemployment Appeals Commission

598 So. 2d 318, 1992 Fla. App. LEXIS 5422, 1992 WL 106962

District Court of Appeal of Florida | Filed: May 22, 1992 | Docket: 64667169

Published

court appearance. Misconduct is defined in section 443.-036(26), Florida Statutes (1989) as follows: (26)

Couric v. Florida Unemployment Appeals Commission

590 So. 2d 539, 1991 Fla. App. LEXIS 12943, 1991 WL 267990

District Court of Appeal of Florida | Filed: Dec 17, 1991 | Docket: 64663753

Published

disqualifying misconduct on the part of the employee. See § 443.036(26), Fla. Stat. (1989); Hartenstein v. Florida

Klein v. CHR Associates, Inc.

584 So. 2d 1089, 1991 WL 152948

District Court of Appeal of Florida | Filed: Aug 13, 1991 | Docket: 64661115

Published

“misconduct” within the intended meaning of section 443.036(26), Florida Statutes (1989), as to bar her

Matteson v. Unemployment Appeals Commission

580 So. 2d 826, 1991 Fla. App. LEXIS 4559, 1991 WL 77665

District Court of Appeal of Florida | Filed: May 16, 1991 | Docket: 64659277

Published

weeks. . § 443.036(25) Fla.Stat. (1989). . § 443.036(19) Fla.Stat. (1989). . § 443.036(32) Fla.Stat

State, Department of General Services v. English

534 So. 2d 726, 13 Fla. L. Weekly 2336, 1988 Fla. App. LEXIS 4580

District Court of Appeal of Florida | Filed: Oct 14, 1988 | Docket: 64638882

Published

misconduct connected with work as defined in section 443.036(24), Florida Statutes (1985). The claims examiner’s

Suncoast Steel Corp. v. Florida Unemployment Appeals Commission

532 So. 2d 10, 13 Fla. L. Weekly 1921, 1988 Fla. App. LEXIS 3670, 1988 WL 82672

District Court of Appeal of Florida | Filed: Aug 10, 1988 | Docket: 64637457

Published

presumption that this was misconduct under section 443.036(25), Florida Statutes (1987) (Tallahassee Housing

Jacobs v. E.R. Jahna Industries, Inc.

522 So. 2d 1075, 1988 Fla. App. LEXIS 1471, 1988 WL 31740

District Court of Appeal of Florida | Filed: Apr 13, 1988 | Docket: 64633902

Published

finding of excessive absenteeism as defined in section 443.036(24), Florida Statutes. Cf. Hartenstein v. Florida

Sturaitis v. Montanari Clinical School, Inc.

522 So. 2d 429, 13 Fla. L. Weekly 648, 1988 Fla. App. LEXIS 952, 1988 WL 18568

District Court of Appeal of Florida | Filed: Mar 9, 1988 | Docket: 64633658

Published

should not be denied unemployment benefits. Section 443.036(24), Florida Statutes (1985), defines misconduct

Signal Applied Technologies, Inc. v. Finley

519 So. 2d 64, 1988 WL 4381

District Court of Appeal of Florida | Filed: Jan 28, 1988 | Docket: 64632198

Published

which does not establish misconduct as per section 443.036(24), Florida Statutes (1985). See Whitaker

Taube v. Florida Unemployment Appeals Commission

515 So. 2d 760, 12 Fla. L. Weekly 2440, 1987 Fla. App. LEXIS 10630

District Court of Appeal of Florida | Filed: Oct 20, 1987 | Docket: 64630979

Published

Taube was guilty of misconduct as defined in Section 443.036(24), Florida Statutes (1985),1 and was thus

Hannon v. Department of Health & Rehabilitative Services

513 So. 2d 215, 1987 Fla. App. LEXIS 12192, 12 Fla. L. Weekly 2292

District Court of Appeal of Florida | Filed: Sep 23, 1987 | Docket: 64629777

Published

for misconduct connected with his work.” Section 443.-036(24)(a) defines “misconduct” as conduct evincing

Palm Beach County School Board v. State, Unemployment Appeals Commission

504 So. 2d 505, 38 Educ. L. Rep. 1314, 12 Fla. L. Weekly 870, 1987 Fla. App. LEXIS 7339

District Court of Appeal of Florida | Filed: Mar 25, 1987 | Docket: 64626016

Published

week are less than his weekly benefit amount. § 443.036(30)(a), Fla.Stat. The statute further provides

Philbin v. Southern Bell Telephone & Telegraph

503 So. 2d 1375, 12 Fla. L. Weekly 792, 1987 Fla. App. LEXIS 12070

District Court of Appeal of Florida | Filed: Mar 18, 1987 | Docket: 64625861

Published

for misconduct. § 443.101, Fla.Stat. (1983). Section 443.036(24), Florida Statutes (1983) defines misconduct

Whitaker v. Pizza Hut

502 So. 2d 84, 12 Fla. L. Weekly 533, 1987 Fla. App. LEXIS 6651

District Court of Appeal of Florida | Filed: Feb 11, 1987 | Docket: 64624896

Published

because of alleged misconduct as defined in section 443.036(24), Florida Statutes (1985). Gold-stein v

Quality Drywall Contractors, Inc. v. State, Department of Labor & Employment Security, Division of Unemployment Compensation

501 So. 2d 144, 12 Fla. L. Weekly 333, 1987 Fla. App. LEXIS 6414

District Court of Appeal of Florida | Filed: Jan 23, 1987 | Docket: 64624412

Published

services for appellant are employees under section 443.036(17), Florida Statutes (1985). At the outset

Neidhart v. Pioneer Federal Savings & Loan Ass'n

498 So. 2d 594, 11 Fla. L. Weekly 2564, 1986 Fla. App. LEXIS 11202

District Court of Appeal of Florida | Filed: Dec 3, 1986 | Docket: 64623488

Published

not discharged for misconduct, as defined in section 443.036(24), Florida Statutes (1985). In the unemployment

Black v. Unemployment Appeals Commission

493 So. 2d 93, 1986 Fla. App. LEXIS 9563, 11 Fla. L. Weekly 1913

District Court of Appeal of Florida | Filed: Sep 4, 1986 | Docket: 64621259

Published

support a finding of misconduct as defined in section 443.036(24), Florida Statutes (1985). See Armstrong

Vaughn v. Florida Unemployment Appeals Commission

482 So. 2d 593, 11 Fla. L. Weekly 369, 1986 Fla. App. LEXIS 6237

District Court of Appeal of Florida | Filed: Feb 7, 1986 | Docket: 64617163

Published

has the right to expect of his employee.... ” § 443.036(24)(a), Fla.Stat. (1985). Placed in this framework

Cotton v. Unemployment Appeals Commission

482 So. 2d 582, 11 Fla. L. Weekly 351, 1986 Fla. App. LEXIS 6234

District Court of Appeal of Florida | Filed: Feb 6, 1986 | Docket: 64617158

Published

as to constitute “misconduct” as defined by section 443.-036(24), Florida Statutes (1983). REVERSED. UPCHURCH

Goldstein v. Kalai

480 So. 2d 695, 11 Fla. L. Weekly 100, 1985 Fla. App. LEXIS 6032

District Court of Appeal of Florida | Filed: Dec 31, 1985 | Docket: 64616395

Published

employee’s duties and obligations to his employer. § 443.036(24), Fla.Stat. (1983). “In determining whether

Florida Home Health Services, Inc. v. State, Department of Labor & Employment Security, Division of Unemployment Compensation

479 So. 2d 853, 11 Fla. L. Weekly 26, 1985 Fla. App. LEXIS 17380

District Court of Appeal of Florida | Filed: Dec 17, 1985 | Docket: 64616068

Published

mandated not only by the specific provisions of section 443.036(17)(n)20., Florida Statutes (Supp.1984),1 see

M & L Distributors, Inc. v. State, Department of Labor & Employment Security, Division of Employment Compensation

479 So. 2d 301, 10 Fla. L. Weekly 2734, 1985 Fla. App. LEXIS 17246

District Court of Appeal of Florida | Filed: Dec 11, 1985 | Docket: 64615910

Published

Clark an “employee” within the meaning of section 443.-036(17), Florida Statutes (1983), or an “independent

F & G Distributors, Inc. v. State, Department of Labor & Employment Security

478 So. 2d 891, 10 Fla. L. Weekly 2660, 1985 Fla. App. LEXIS 17180

District Court of Appeal of Florida | Filed: Dec 3, 1985 | Docket: 64615622

Published

herein was an “employee” within the meaning of section 443.036(17), Fla.Stat. (1983). All the evidence at

Ordnance Research, Inc. v. Sterling

475 So. 2d 954, 10 Fla. L. Weekly 2095, 1985 Fla. App. LEXIS 15710

District Court of Appeal of Florida | Filed: Sep 10, 1985 | Docket: 64614316

Published

interpretation of misconduct, as provided in Section 443.-036(24), Florida Statutes (Supp.1982), to be within

Unique Construction Co. v. State, Department of Labor & Employment Security, Division of Unemployment Compensation

472 So. 2d 1349, 10 Fla. L. Weekly 1814, 1985 Fla. App. LEXIS 14423

District Court of Appeal of Florida | Filed: Jul 24, 1985 | Docket: 64613276

Published

appellant’s salespersons are “employees” under section 443.036(17), Florida Statutes (1984). We reverse. The

Lewis v. Unemployment Appeals Commission

473 So. 2d 6, 10 Fla. L. Weekly 1714, 1985 Fla. App. LEXIS 15118

District Court of Appeal of Florida | Filed: Jul 10, 1985 | Docket: 64613292

Published

claimant’s conduct falls within the ambit of Section 443.-036(24), Florida Statutes (1983), which defines

Department of Health & Rehabilitative Services v. Department of Labor & Employment Security

472 So. 2d 1284, 10 Fla. L. Weekly 1709, 1985 Fla. App. LEXIS 15109

District Court of Appeal of Florida | Filed: Jul 10, 1985 | Docket: 64613269

Published

considered “employees” within the meaning of Section 443,036(17), Florida Statutes (1981), thereby rendering

Kartman v. Unemployment Appeals Commission

454 So. 2d 1073, 9 Fla. L. Weekly 1865, 1984 Fla. App. LEXIS 14932

District Court of Appeal of Florida | Filed: Aug 30, 1984 | Docket: 64606549

Published

for misconduct. “Misconduct” is defined in section 443.036(24), Florida Statutes (1983), as follows: “Misconduct”

Rudd v. Department of Labor & Employment Security, Division of Employment Security

431 So. 2d 237, 1983 Fla. App. LEXIS 19330

District Court of Appeal of Florida | Filed: May 6, 1983 | Docket: 64596942

Published

compensation and not independent contractors. Section 443.-036(17), Florida Statutes. We have reviewed the