The 2023 Florida Statutes (including Special Session C)

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 Economic Opportunity, 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 Economic Opportunity 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.

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 from cite.case.law:

LOGALBO, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION BOCC,, 79 So. 3d 936 (Fla. Dist. Ct. App. 2012)

. . . Claimant’s attorney has moved for fees pursuant to section 443.041(2)(b), Florida Statutes (2011), which . . . See § 443.041(2)(b), Fla. Stat. . . .

I. GESSA, v. MANOR CARE OF FLORIDA, INC., 86 So. 3d 484 (Fla. 2011)

. . . Florida’s unemployment compensation law, and voided any agreement that attempts to waive those rights: 443.041 . . . subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. § 443.041 . . .

J. LYNCH, v. UNEMPLOYMENT APPEALS COMMISSION Co., 988 So. 2d 25 (Fla. Dist. Ct. App. 2008)

. . . See § 443.041(2)(a) (waiving fees of any kind for any individual claiming benefits under this chapter . . .

ALTERRA HEALTHCARE CORPORATION M. v. ESTATE OF LINTON GRAHAM f k a, 953 So. 2d 574 (Fla. Dist. Ct. App. 2007)

. . . prohibited waiver of rights under Chapter 443, and voided any agreement that attempts to waive those rights: 443.041 . . . guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. § 443.041 . . .

T. GROVER, v. BRUMELL INVESTIGATIONS, INC., 915 So. 2d 750 (Fla. Dist. Ct. App. 2005)

. . . Grover has moved for appellate fees and costs pursuant to section 443.041(2)(b), Florida Statutes (2003 . . .

RIVERAS, v. UNEMPLOYMENT APPEALS COMMISSION, 884 So. 2d 1143 (Fla. Dist. Ct. App. 2004)

. . . Riveras has also moved for attorney’s fees pursuant to section 443.041(2)(b), Florida Statutes (2003) . . . of the total amount of regular benefits permitted under s. 443.111(5)(a) during the benefit year.” § 443.041 . . .

FLORIDA DEPARTMENT OF REVENUE, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION,, 872 So. 2d 376 (Fla. Dist. Ct. App. 2004)

. . . concluded the agreement had no impact on Condon’s rights to collect unemployment benefits based on section 443.041 . . .

S. AYERS, v. STATE UNEMPLOYMENT APPEALS COMMISSION, 848 So. 2d 1239 (Fla. Dist. Ct. App. 2003)

. . . for Attorney’s Fees We also find that counsel for Ayers is entitled to attorney’s fees under section 443.041 . . . to determine the amount of fees to be awarded because it most comports with the language in section 443.041 . . .

STATE M. D. J. Jr. v. NORTH FLORIDA WOMEN S HEALTH AND COUNSELING SERVICES, INC. W. v. s, 852 So. 2d 254 (Fla. Dist. Ct. App. 2001)

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

SUN MANUFACTURING CORP. v. A. SOUVENIR,, 728 So. 2d 774 (Fla. Dist. Ct. App. 1999)

. . . The employee has moved for appellate attorney’s fees under paragraph 443.041(2)(b), Florida Statutes . . .

M. SAVAGE, v. MACY S EAST, INC., 719 So. 2d 1208 (Fla. Dist. Ct. App. 1998)

. . . We also find that counsel for the appellant is entitled to attorney’s fees under section 443.041(2)(b . . .

T. BERRY, v. SCOTTY S, INC., 789 So. 2d 1008 (Fla. Dist. Ct. App. 1998)

. . . Pursuant to section 443.041(2)(b), Florida Statutes (1995), David T. . . . Section 443.041(2)(b) provides: An attorney at law representing a claimant for benefits in any district . . . In its analysis of this statute, the Third District has observed that section 443.041(2)(b) offers no . . . In Cheung, the Third District interpreted section 443.041(2)(b) as permitting the appellate court to . . . Moreover, Florida Administrative Code Rule 38E-5.009 expressly implements section 443.041(2), and provides . . .

RECIO, v. KENT SECURITY SERVICES, INC., 683 So. 2d 164 (Fla. Dist. Ct. App. 1996)

. . . claimants suggests that the claimant may be entitled to obtain such copies without charge under paragraph 443.041 . . .

P. BETANCOURT, Jr. v. SUN BANK MIAMI, N. A., 672 So. 2d 37 (Fla. Dist. Ct. App. 1996)

. . . Betancourt seeks appellate attorney’s fees under section 443.041(2)(b). . . .

TORRES a k a v. CONSOLIDATED BANK, N. A., 653 So. 2d 492 (Fla. Dist. Ct. App. 1995)

. . . . § 443.041(3), Fla.Stat. (1991); Perl v. . . .

T. CHEUNG, E. v. EXECUTIVE CHINA DORAL, INC., 638 So. 2d 82 (Fla. Dist. Ct. App. 1994)

. . . each of these cases, this Court awarded each claimant appellate attorneys’ fees pursuant to Section 443.041 . . . The attorneys’ fees awarded here were authorized pursuant to Section 443.041(2)(b). . . . . § 443.041(2)(b)2., Fla.Stat. (1991); Nichols v. . . . Quanstrom, 555 So.2d 828, 833 (Fla.1990), we hold that in setting an attorneys’ fee under Section 443.041 . . . Section 443.041(2)(b) authorizes “counsel fees payable by the division as fixed by the court.” . . .

GRETZ, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION,, 572 So. 2d 1384 (Fla. 1991)

. . . Section 443.041(2)(a) provides in relevant part: “No individual claiming benefits shall be charged fees . . . Therefore, section 443.041(2)(a) does not prohibit charging for preparation of the transcript because . . . In drafting section 443.041(2)(a), the legislature used very broad language, prohibiting the charging . . . We interpret section 443.041(2)(a) as prohibiting charging claimants for the provision of a transcript . . . In this case, section 443.041, the specific statute that controls unemployment compensation appeals, . . .

M. REITZ, v. CANON U. S. A. INC. X., 695 F. Supp. 552 (S.D. Fla. 1988)

. . . . § 443.041(3) (1987). . . .

FLORIDA UNEMPLOYMENT APPEALS COMMISSION, v. GRETZ,, 519 So. 2d 1025 (Fla. Dist. Ct. App. 1988)

. . . tape recordings or transcription of the hearing, the rules conflicted with the provision of section 443.041 . . . or to copy documents and records, the charge for these actions is not a “fee” prohibited by section 443.041 . . . unemployment compensation benefits and, thus, no requirement that they be furnished without cost under section 443.041 . . .

GRETZ v. DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, DIVISION OF UNEMPLOYMENT COMPENSATION, 25 Fla. Supp. 2d 248 (Fla. Div. Admin. Hearings 1987)

. . . Neither of the challenged provisions, petitioner contends, can be reconciled with Section 443.041(2)( . . . Section 443.041(2), Florida Statutes (1985). . . . Section 443.041(2), Florida Statutes (1985). . . . In construing Section 443.041(2), Florida Statutes (1985), the hearing officer in the Ward case concluded . . . respondent’s Rule 38E-3.009(3), Florida Administrative Code, poses is whether, by enacting Section 443.041 . . .

GRETZ v. DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, 27 Fla. Supp. 2d 179 (Fla. Div. Admin. Hearings 1987)

. . . Neither of the challenged provisions, petitioner contends, can be reconciled with Section 443.041(2)( . . . Code, shall be invalidated as incompatible with the statutes outlawing “fees of any kind,” Section 443.041 . . . Section 443.041(2), Florida Statutes (1985). . . . Section 443.041(2), Florida Statutes (1985). . . . In construing Section 443.041(2), Florida Statutes (1985), the hearing officer in the Ward case concluded . . .

B. PERL, v. OMNI INTERNATIONAL OF MIAMI, LTD. a, 439 So. 2d 316 (Fla. Dist. Ct. App. 1983)

. . . Upon proper motion, the trial court dismissed this complaint as being barred by Section 443.041(3), Florida . . . Perl implicitly concedes on appeal, the slander count of the complaint was plainly barred by Section 443.041 . . .