Florida Statute 443.041 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXI
LABOR

Chapter 443
REEMPLOYMENT ASSISTANCE

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F.S. 443.041

443.041 Waiver of rights; fees; privileged communications.—

(1) WAIVER OF RIGHTS VOID.—Any agreement by an individual to waive, release, or commute her or his rights to benefits or any other rights under this chapter is void. Any agreement by an individual in the employ of any person or concern to pay all or any portion of any employer’s contributions, reimbursements, interest, penalties, fines, or fees required under this chapter from the employer, is void. An employer may not directly or indirectly make or require or accept any deduction from wages to finance the employer’s contributions, reimbursements, interest, penalties, fines, or fees required from her or him, or require or accept any waiver of any right under this chapter by any individual in her or his employ. An employer, or an officer or agent of an employer, who violates this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(2) FEES.—

(a) Except as otherwise provided in this chapter, an individual claiming benefits may not be charged fees of any kind in any proceeding under this chapter by the commission or the Department of Commerce, or their representatives, or by any court or any officer of the court. An individual claiming benefits in any proceeding before the commission or the department, or representatives of either, or a court may be represented by counsel or an authorized representative, but the counsel or representative may not charge or receive for those services more than an amount approved by the commission, the department, or the court.

(b) An attorney at law representing a claimant for benefits in any district court of appeal of this state or in the Supreme Court of Florida is entitled to counsel fees payable by the department as set by the court if the petition for review or appeal is initiated by the claimant and results in a decision awarding more benefits than provided in the decision from which appeal was taken. The amount of the fee may not exceed 50 percent of the total amount of regular benefits permitted under s. 443.111(5)(b) during the benefit year.

(c) The department shall pay attorneys’ fees awarded under this section from the Employment Security Administration Trust Fund as part of the costs of administration of this chapter and may pay these fees directly to the attorney for the claimant in a lump sum. The department or the commission may not pay any other fees or costs in connection with an appeal.

(d) Any person, firm, or corporation who or which seeks or receives any remuneration or gratuity for any services rendered on behalf of a claimant, except as allowed by this section and in an amount approved by the department, the commission, or a court, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(3) PRIVILEGED COMMUNICATIONS.—All letters, reports, communications, or any other matters, either oral or written, between an employer and an employee or between the Department of Commerce or its tax collection service provider and any of their agents, representatives, or employees which are written, sent, delivered, or made in connection with this chapter, are privileged and may not be the subject matter or basis for any suit for slander or libel in any court of the state.

History.—s. 16, ch. 18402, 1937; s. 11, ch. 19637, 1939; CGL 1940 Supp. 4151(503), 8135(42)-(44); s. 15, ch. 20685, 1941; s. 10, ch. 26879, 1951; s. 4, ch. 57-268; ss. 17, 35, ch. 69-106; s. 371, ch. 71-136; s. 28, ch. 79-7; s. 186, ch. 79-400; ss. 1, 8, 9, ch. 80-95; s. 11, ch. 91-269; s. 2, ch. 94-347; s. 140, ch. 97-103; s. 101, ch. 2000-153; s. 19, ch. 2003-36; s. 353, ch. 2011-142; s. 8, ch. 2011-235; s. 174, ch. 2024-6.

Note.—Former s. 443.16.

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Amendments to 443.041

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 443.041

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

S443.041 1 - EMBEZZLE - REQ WAGE DEDUCTIONS TO PAY REEMPLOY ASSIST - M: S

S443.041 2d - GRATUITY - RECV PAY FOR SRVC RENDERED REEMPLOYMENT ASSIST - M: S

Cases Citing Statute 443.041

Total Results: 22

Gretz v. UNEMPLOYMENT APPEALS COM'N

572 So. 2d 1384, 16 Fla. L. Weekly Supp. 50, 1991 Fla. LEXIS 37, 1991 WL 1367

Supreme Court of Florida | Filed: Jan 3, 1991 | Docket: 1518973

Cited 20 times | Published

above-cited rules conflicted impermissibly with section 443.041(2)(a), Florida Statutes (1985). The hearing

ALTERRA HEALTHCARE v. Estate of Linton Ex Rel. Graham

953 So. 2d 574, 2007 WL 597008

District Court of Appeal of Florida | Filed: Feb 28, 2007 | Docket: 179727

Cited 19 times | Published

punishable as provided in s. 775.082 or s. 775.083. § 443.041(1), Fla. Stat. (2002) (emphasis added). Moreover

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

Betancourt seeks appellate attorney's fees under section 443.041(2)(b). This section provides for "counsel fees"

Perl v. Omni Intern. of Miami, Ltd.

439 So. 2d 316

District Court of Appeal of Florida | Filed: Oct 18, 1983 | Docket: 2449791

Cited 9 times | Published

dismissed this complaint as being barred by Section 443.041(3), Florida Statutes (1981). This appeal follows

Smith v. DEPT. OF HEALTH & REHAB. SERVS.

573 So. 2d 320

Supreme Court of Florida | Filed: Jan 3, 1991 | Docket: 478883

Cited 8 times | Published

charge. The rationale for the decision was that section 443.041(2)(a), Florida Statutes (1985), precluded the

Savage v. MacY's East, Inc.

719 So. 2d 1208, 1998 WL 551987

District Court of Appeal of Florida | Filed: Aug 26, 1998 | Docket: 1351549

Cited 7 times | Published

appellant is entitled to attorney's fees under section 443.041(2)(b), Florida Statutes (1997) for his services

Gessa v. Manor Care of Florida, Inc.

86 So. 3d 484, 36 Fla. L. Weekly Supp. 676, 2011 Fla. LEXIS 2765, 2011 WL 5864823

Supreme Court of Florida | Filed: Nov 23, 2011 | Docket: 60307688

Cited 6 times | Published

punishable as provided in s. 775.082 or s. 775.083. § 443.041(1), Fla. Stat. (2004). Moreover, the Florida Legislature

Cheung v. Executive China Doral, Inc.

638 So. 2d 82, 1994 WL 68861

District Court of Appeal of Florida | Filed: Mar 8, 1994 | Docket: 1652629

Cited 6 times | Published

claimant appellate attorneys' fees pursuant to Section 443.041(2)(b)2., Florida Statutes (1991).[1] Each claimant

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

also moved for attorney's fees pursuant to section 443.041(2)(b), Florida Statutes (2003), which provides

State v. WOMEN'S HEALTH AND COUNSELING SERVICES, INC.

852 So. 2d 254, 2001 WL 111037

District Court of Appeal of Florida | Filed: Feb 9, 2001 | Docket: 1305594

Cited 3 times | Published

obligation. While there is no statute comparable to section 443.041 (2)(a) which precludes these agencies from

Lynch v. UNEMPLOYMENT APPEALS COM'N

988 So. 2d 25, 2008 WL 2550746

District Court of Appeal of Florida | Filed: Jun 27, 2008 | Docket: 1384753

Cited 2 times | Published

filed by the claimant without any filing fee. See § 443.041(2)(a) (waiving fees of any kind for any individual

Berry v. Scotty's, Inc.

789 So. 2d 1008, 1998 WL 161498

District Court of Appeal of Florida | Filed: Apr 8, 1998 | Docket: 1696017

Cited 2 times | Published

FOR ATTORNEYS' FEES PER CURIAM. Pursuant to section 443.041(2)(b), Florida Statutes (1995), David T. Berry

Reitz v. Canon U.S.A., Inc.

695 F. Supp. 552, 1988 U.S. Dist. LEXIS 10662, 1988 WL 99110

District Court, S.D. Florida | Filed: Feb 29, 1988 | Docket: 2175176

Cited 2 times | Published

Ga.Code Ann. § 34-8-11 (Supp.1987); Fla.Stat. § 443.041(3) (1987). Reitz acknowledges that the statements

Ayers v. STATE, UNEMPLOYMENT APPEALS COM'N

848 So. 2d 1239, 2003 WL 21537155

District Court of Appeal of Florida | Filed: Jul 9, 2003 | Docket: 1309361

Cited 1 times | Published

Ayers is entitled to attorney's fees under section 443.041(2)(b), Florida Statutes (2001). It provides:

Roberts v. UNEMPLOYMENT APPEALS COMM.

512 So. 2d 212, 12 Fla. L. Weekly 1341

District Court of Appeal of Florida | Filed: May 26, 1987 | Docket: 293436

Cited 1 times | Published

that they be furnished without cost under section 443.041(2)(a), Florida Statutes (1983), as the appellants

Piero Palacios v. Sharnice Lawson

District Court of Appeal of Florida | Filed: Mar 6, 2024 | Docket: 68313537

Published

remedies provided in chapter 766. See, e.g., § 443.041, Fla. Stat. (2020) (containing the specific prohibition

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

Claimant’s attorney has moved for fees pursuant to section 443.041(2)(b), Florida Statutes (2011), which provides:

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

moved for appellate fees and costs pursuant to section 443.041(2)(b), Florida Statutes (2003), payable by

Florida Department of Revenue v. Florida Unemployment Appeals Commission

872 So. 2d 376, 2004 Fla. App. LEXIS 5830, 2004 WL 892524

District Court of Appeal of Florida | Filed: Apr 28, 2004 | Docket: 64830200

Published

to collect unemployment benefits based on section 443.041(1), Florida Statutes (2000), which, in pertinent

State, Florida Department of Health v. North Florida Women's Health & Counseling Services, Inc.

852 So. 2d 254, 2001 Fla. App. LEXIS 1217

District Court of Appeal of Florida | Filed: Feb 9, 2001 | Docket: 64824348

Published

obligation. While there is no statute comparable.to section 443.041(2)(a) which precludes these agencies from charging

Torres v. Consolidated Bank, N.A.

653 So. 2d 492, 1995 Fla. App. LEXIS 4037, 1995 WL 228631

District Court of Appeal of Florida | Filed: Apr 19, 1995 | Docket: 64755492

Published

affirm the order dismissing the defamation count. § 443.041(3), Fla.Stat. (1991); Perl v. Omni Int’l of Miami

Florida Unemployment Appeals Commission v. Gretz

519 So. 2d 1025, 13 Fla. L. Weekly 133, 1988 Fla. App. LEXIS 57, 1988 WL 793

District Court of Appeal of Florida | Filed: Jan 5, 1988 | Docket: 64632616

Published

the rules conflicted with the provision of section 443.041(2)(a), Florida Statutes (1985), prohibiting