Florida Statute 443.041 | Lawyer Caselaw & Research

The 2024 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.

F.S. 443.041 on Google Scholar

F.S. 443.041 on Casetext

Amendments to 443.041

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

Annotations, Discussions, Cases:

Cases Citing Statute 443.041

Total Results: 20

Piero Palacios v. Sharnice Lawson

Court: Fla. Dist. Ct. App. | Date Filed: 2024-03-06T00:00:00-08:00

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

Logalbo v. Florida Unemployment Appeals Commission

Court: Fla. Dist. Ct. App. | Date Filed: 2012-02-23T00:00:00-08:00

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

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

Gessa v. Manor Care of Florida, Inc.

Court: Fla. | Date Filed: 2011-11-23T00:00:00-08:00

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

Snippet: agreement that attempts to waive those rights: 443.041 Waiver of rights; fees; privileged communications…punishable as provided in s. 775.082 or s. 775.083. § 443.041(1), Fla. Stat. (2004). Moreover, the Florida Legislature

Lynch v. UNEMPLOYMENT APPEALS COM'N

Court: Fla. Dist. Ct. App. | Date Filed: 2008-06-27T00:53:00-07:00

Citation: 988 So. 2d 25

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

ALTERRA HEALTHCARE v. Estate of Linton Ex Rel. Graham

Court: Fla. Dist. Ct. App. | Date Filed: 2007-02-27T23:53:00-08:00

Citation: 953 So. 2d 574

Grover v. Brumell Investigations, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2005-12-09T00:00:00-08:00

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

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

Riveras v. UNEMPLOYMENT APPEALS COM'N

Court: Fla. Dist. Ct. App. | Date Filed: 2004-10-27T00:53:00-07:00

Citation: 884 So. 2d 1143

Snippet: moved for attorney's fees pursuant to section 443.041(2)(b), Florida Statutes (2003), which provides …443.111(5)(a) during the benefit year." § 443.041(2)(b). Consistent with our decision in Berry v.

Florida Department of Revenue v. Florida Unemployment Appeals Commission

Court: Fla. Dist. Ct. App. | Date Filed: 2004-04-28T00:00:00-07:00

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

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

Ayers v. STATE, UNEMPLOYMENT APPEALS COM'N

Court: Fla. Dist. Ct. App. | Date Filed: 2003-07-09T00:53:00-07:00

Citation: 848 So. 2d 1239

Snippet: entitled to attorney's fees under section 443.041(2)(b), Florida Statutes (2001). It provides: An… it most comports with the language in section 443.041(2)(b). Relinquishing jurisdiction to the appeals

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

Court: Fla. Dist. Ct. App. | Date Filed: 2001-02-09T00:00:00-08:00

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

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

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

Court: Fla. Dist. Ct. App. | Date Filed: 2001-02-08T23:53:00-08:00

Citation: 852 So. 2d 254

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

Sun Manufacturing Corp. v. Souvenir

Court: Fla. Dist. Ct. App. | Date Filed: 1999-02-17T00:00:00-08:00

Citation: 728 So. 2d 774, 1999 Fla. App. LEXIS 1439, 1999 WL 71800

Snippet: for appellate attorney’s fees under paragraph 443.041(2)(b), Florida Statutes (1997). We deny the request

Savage v. MacY's East, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1998-08-26T00:53:00-07:00

Citation: 719 So. 2d 1208

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

Berry v. Scotty's, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1998-04-08T00:53:00-07:00

Citation: 789 So. 2d 1008

Snippet: ATTORNEYS' FEES PER CURIAM. Pursuant to section 443.041(2)(b), Florida Statutes (1995), David T. Berry …proceedings consistent with this opinion. Section 443.041(2)(b) provides: An attorney at law representing…County, 627 So.2d 577 (Fla. 2d DCA 1993). Section 443.041(2)(b) is unusual because it provides for an award…, the Third District has observed that section 443.041(2)(b) offers no criteria for determining such an…Cheung, the Third District interpreted section 443.041(2)(b) as permitting the appellate court to determine

Recio v. Kent Security Services, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1996-11-06T00:00:00-08:00

Citation: 683 So. 2d 164, 1996 Fla. App. LEXIS 11640, 1996 WL 637273

Snippet: obtain such copies without charge under paragraph 443.041(2)(a), Florida Statutes. . Claimant also points

Betancourt v. Sun Bank Miami, NA

Court: Fla. Dist. Ct. App. | Date Filed: 1996-01-16T23:53:00-08:00

Citation: 672 So. 2d 37

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

Torres v. Consolidated Bank, N.A.

Court: Fla. Dist. Ct. App. | Date Filed: 1995-04-19T00:00:00-07:00

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

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

Cheung v. Executive China Doral, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1994-03-07T23:53:00-08:00

Citation: 638 So. 2d 82

Snippet: appellate attorneys' fees pursuant to Section 443.041(2)(b)2., Florida Statutes (1991).[1] Each claimant…awarded here were authorized pursuant to Section 443.041(2)(b). This section of the statute provides for…results in increased benefits for the claimant. § 443.041(2)(b)2., Fla. Stat. (1991); Nichols v. Industrial…in setting an attorneys' fee under Section 443.041(2)(b), Rowe and its progeny are to be followed.… is generally available in cases under Section 443.041(2)(b).[5] Finally, we address an important procedural

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

Court: Fla. | Date Filed: 1991-01-02T23:53:00-08:00

Citation: 573 So. 2d 320

Snippet: The rationale for the decision was that section 443.041(2)(a), Florida Statutes (1985), precluded the commission…Court then held that the provisions of section 443.041(2)(a) precluded it from charging even its cost …While there is no statute comparable to section 443.041(2)(a) which precludes these agencies from charging

Gretz v. UNEMPLOYMENT APPEALS COM'N

Court: Fla. | Date Filed: 1991-01-02T23:53:00-08:00

Citation: 572 So. 2d 1384

Snippet: above-cited rules conflicted impermissibly with section 443.041(2)(a), Florida Statutes (1985). The hearing officer…quash the decision of the district court. Section 443.041(2)(a) provides in relevant part: "No individual…performing other functions. Therefore, section 443.041(2)(a) does not prohibit charging for preparation…transcript. We disagree. *1386 In drafting section 443.041(2)(a), the legislature used very broad language… or a copy of the record. We interpret section 443.041(2)(a) as prohibiting charging claimants for the