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Florida Statute 443.091 | Lawyer Caselaw & Research
F.S. 443.091 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XXXI
LABOR
Chapter 443
REEMPLOYMENT ASSISTANCE
View Entire Chapter
F.S. 443.091
443.091 Benefit eligibility conditions.
(1) An unemployed individual is eligible to receive benefits for any week only if the Department of Commerce finds that:
(a) She or he has made a claim for benefits for that week in accordance with the rules adopted by the department.
(b) She or he has completed the department’s online work registration and subsequently reports to the one-stop career center as directed by the local workforce development board for reemployment services. This requirement does not apply to persons who are:
1. Non-Florida residents;
2. On a temporary layoff;
3. Union members who customarily obtain employment through a union hiring hall;
4. Claiming benefits under an approved short-time compensation plan as provided in s. 443.1116; or
5. Unable to complete the online work registration due to illiteracy, physical or mental impairment, a legal prohibition from using a computer, or a language impediment. If a person is exempted from the online work registration under this subparagraph, then the filing of his or her claim constitutes registration for work.
(c) To make continued claims for benefits, she or he is reporting to the department in accordance with this paragraph and department rules. Department rules may not conflict with s. 443.111(1)(b), which requires that each claimant continue to report regardless of any pending appeal relating to her or his eligibility or disqualification for benefits.
1. For each week of unemployment claimed, each report must, at a minimum, include the name and address of each prospective employer contacted, or the date the claimant reported to a one-stop career center, pursuant to paragraph (d). For the purposes of this subparagraph, the term “address” means a website address, a physical address, or an e-mail address.
2. The department shall offer an online assessment aimed at identifying an individual’s skills, abilities, and career aptitude. The skills assessment must be voluntary, and the department shall allow a claimant to choose whether to take the skills assessment. The online assessment shall be made available to any person seeking services from a local workforce development board or a one-stop career center.
a. If the claimant chooses to take the online assessment, the outcome of the assessment shall be made available to the claimant, local workforce development board, and one-stop career center. The department, local workforce development board, or one-stop career center shall use the assessment to develop a plan for referring individuals to training and employment opportunities. Aggregate data on assessment outcomes may be made available to CareerSource Florida, Inc., for use in the development of policies related to education and training programs that will ensure that businesses in this state have access to a skilled and competent workforce.
b. Individuals shall be informed of and offered services through the one-stop delivery system, including career counseling, the provision of skill match and job market information, and skills upgrade and other training opportunities, and shall be encouraged to participate in such services at no cost to the individuals. The department shall coordinate with CareerSource Florida, Inc., the local workforce development boards, and the one-stop career centers to identify, develop, and use best practices for improving the skills of individuals who choose to participate in skills upgrade and other training opportunities. The department may contract with an entity to create the online assessment in accordance with the competitive bidding requirements in s. 287.057. The online assessment must work seamlessly with the Reemployment Assistance Claims and Benefits Information System.
(d) She or he is able to work and is available for work. In order to assess eligibility for a claimed week of unemployment, the department shall develop criteria to determine a claimant’s ability to work and availability for work. A claimant must be actively seeking work in order to be considered available for work. This means engaging in systematic and sustained efforts to find work, including contacting at least five prospective employers for each week of unemployment claimed. The department may require the claimant to provide proof of such efforts to the one-stop career center as part of reemployment services. A claimant’s proof of work search efforts may not include the same prospective employer at the same location in 3 consecutive weeks, unless the employer has indicated since the time of the initial contact that the employer is hiring. The department shall conduct random reviews of work search information provided by claimants. As an alternative to contacting at least five prospective employers for any week of unemployment claimed, a claimant may, for that same week, report in person to a one-stop career center to meet with a representative of the center and access reemployment services of the center. The center shall keep a record of the services or information provided to the claimant and shall provide the records to the department upon request by the department. However:
1. Notwithstanding any other provision of this paragraph or paragraphs (b) and (e), an otherwise eligible individual may not be denied benefits for any week because she or he is in training with the approval of the department, or by reason of s. 443.101(2) relating to failure to apply for, or refusal to accept, suitable work. Training may be approved by the department in accordance with criteria prescribed by rule. A claimant’s eligibility during approved training is contingent upon satisfying eligibility conditions prescribed by rule.
2. Notwithstanding any other provision of this chapter, an otherwise eligible individual who is in training approved under s. 236(a)(1) of the Trade Act of 1974, as amended, may not be determined ineligible or disqualified for benefits due to enrollment in such training or because of leaving work that is not suitable employment to enter such training. As used in this subparagraph, the term “suitable employment” means work of a substantially equal or higher skill level than the worker’s past adversely affected employment, as defined for purposes of the Trade Act of 1974, as amended, the wages for which are at least 80 percent of the worker’s average weekly wage as determined for purposes of the Trade Act of 1974, as amended.
3. Notwithstanding any other provision of this section, an otherwise eligible individual may not be denied benefits for any week because she or he is before any state or federal court pursuant to a lawfully issued summons to appear for jury duty.
4. Union members who customarily obtain employment through a union hiring hall may satisfy the work search requirements of this paragraph by reporting daily to their union hall.
5. The work search requirements of this paragraph do not apply to persons who are unemployed as a result of a temporary layoff or who are claiming benefits under an approved short-time compensation plan as provided in s. 443.1116.
6. In small counties as defined in s. 120.52(19), a claimant engaging in systematic and sustained efforts to find work must contact at least three prospective employers for each week of unemployment claimed.
7. The work search requirements of this paragraph do not apply to persons required to participate in reemployment services under paragraph (e).
(e) She or he participates in reemployment services, such as job search assistance services, whenever the individual has been determined, by a profiling system established by the rules of the department, to be likely to exhaust regular benefits and to be in need of reemployment services.
(f) She or he has been unemployed for a waiting period of 1 week. A week may be counted as a waiting week under this subsection only if:
1. It occurs within the benefit year that includes the week for which she or he claims payment of benefits;
2. Benefits have not been paid for that week; and
3. The individual was eligible for benefits for that week as provided in this section and s. 443.101, except for the requirements of this subsection and s. 443.101(5).
(g) She or he has been paid wages for insured work equal to 1.5 times her or his high quarter wages during her or his base period, except that an unemployed individual is not eligible to receive benefits if the base period wages are less than $3,400.
(h) She or he submitted to the department a valid social security number assigned to her or him. The department may verify the social security number with the United States Social Security Administration and may deny benefits if the department is unable to verify the individual’s social security number, the social security number is invalid, or the social security number is not assigned to the individual.
(2) An individual may not receive benefits in a benefit year unless, after the beginning of the next preceding benefit year during which she or he received benefits, she or he performed service, regardless of whether in employment as defined in s. 443.036, and earned remuneration for that service of at least 3 times her or his weekly benefit amount as determined for her or his current benefit year.
(3) Benefits based on service in employment described in s. 443.1216(2) and (3) are payable in the same amount, on the same terms, and subject to the same conditions as benefits payable based on other service subject to this chapter, except that:
(a) Benefits are not payable for services in an instructional, research, or principal administrative capacity for an educational institution or an institution of higher education for any week of unemployment commencing during the period between 2 successive academic years; during a similar period between two regular terms, whether or not successive; or during a period of paid sabbatical leave provided for in the individual’s contract, to any individual, if the individual performs those services in the first of those academic years or terms and there is a contract or a reasonable assurance that the individual will perform services in any such capacity for any educational institution or institution of higher education in the second of those academic years or terms.
(b) Benefits may not be based on services in any other capacity for an educational institution or an institution of higher education to any individual for any week that commences during a period between 2 successive academic years or terms if the individual performs those services in the first of the academic years or terms and there is a reasonable assurance that the individual will perform those services in the second of the academic years or terms. However, if compensation is denied to any individual under this paragraph and the individual was not offered an opportunity to perform those services for the educational institution for the second of those academic years or terms, that individual is entitled to a retroactive payment of compensation for each week for which the individual filed a timely claim for compensation and for which compensation was denied solely by reason of this paragraph.
(c) Benefits are not payable based on services provided to an educational institution or institution of higher learning to any individual for any week that commences during an established and customary vacation period or holiday recess if the individual performs any services described in paragraph (a) or paragraph (b) in the period immediately before the vacation period or holiday recess and there is a reasonable assurance that the individual will perform any service in the period immediately after the vacation period or holiday recess.
(d) Benefits are not payable for services in any capacity specified in paragraphs (a), (b), and (c) to any individual who performed those services in an educational institution while in the employ of a governmental agency or governmental entity that is established and operated exclusively for the purpose of providing those services to one or more educational institutions.
(e) Benefits are not payable for services in any capacity specified in paragraphs (a), (b), (c), and (d) to any individual who provided those services to or on behalf of an educational institution, or an institution of higher education.
(f) Effective July 1, 2013, paragraphs (a), (b), and (c) shall apply to services provided by an individual for an educational institution while in the employ of a private employer holding a contractual relationship with such educational institution, but only if the base period wages attributable to such services are identified as such in the quarterly reports filed pursuant to s. 443.131(1).
(g) As used in this subsection, the term:
1. “Fixed contract” means a written agreement of employment for a specified period of time.
2. “Continuing contract” means a written agreement that is automatically renewed until terminated by one of the parties to the contract.
(4) In the event of national emergency, in the course of which the Federal Emergency Unemployment Payment Plan is, at the request of the Governor, invoked for all or any part of the state, the emergency plan shall supersede the procedures prescribed by this chapter, and by rules adopted under this chapter, and the department shall act as the Florida agency for the United States Department of Labor in the administration of the plan.
(5) Benefits are not payable to any individual based on service 90 percent or more of which consists of participating in sports or athletic events or training, or preparing to participate, for any week that commences during the period between two successive sport seasons, or similar periods, if the individual performed the service in the first of those seasons, or similar periods, and there is a reasonable assurance that the individual will perform those services in the later of those seasons, or similar periods.
History.s. 5, ch. 18402, 1937; s. 3, ch. 19637, 1939; CGL 1940 Supp. 4151(492); s. 5, ch. 20685, 1941; s. 3, ch. 21983, 1943; s. 3, ch. 26879, 1951; s. 3, ch. 29771, 1955; s. 2, ch. 57-247; s. 3, ch. 59-55; s. 2, ch. 61-132; ss. 17, 35, ch. 69-106; s. 5, ch. 71-225; s. 2, ch. 75-39; s. 3, ch. 77-262; s. 3, ch. 77-399; s. 1, ch. 77-420; s. 2, ch. 78-386; ss. 3, 8, 9, ch. 80-95; s. 2, ch. 82-91; s. 2, ch. 83-10; s. 1, ch. 84-40; s. 1, ch. 84-279; s. 1, ch. 85-114; s. 1, ch. 88-100; s. 3, ch. 88-289; s. 1, ch. 90-9; s. 1, ch. 90-89; s. 3, ch. 94-347; s. 3, ch. 96-378; s. 20, ch. 96-423; s. 1059, ch. 97-103; s. 5, ch. 98-149; s. 2, ch. 98-154; s. 105, ch. 2000-165; s. 23, ch. 2003-36; s. 3, ch. 2005-209; s. 7, ch. 2010-90; s. 35, ch. 2011-4; s. 356, ch. 2011-142; s. 4, ch. 2011-235; s. 6, ch. 2012-30; s. 69, ch. 2012-96; s. 82, ch. 2013-15; s. 42, ch. 2013-39; s. 110, ch. 2014-17; s. 19, ch. 2014-218; s. 24, ch. 2015-98; s. 24, ch. 2016-216; s. 9, ch. 2021-25; s. 132, ch. 2023-173.
Note.Former s. 443.05.

F.S. 443.091 on Google Scholar

F.S. 443.091 on Casetext

Amendments to 443.091


Arrestable Offenses / Crimes under Fla. Stat. 443.091
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 443.091.



Annotations, Discussions, Cases:

Cases from cite.case.law:

C. BAGAROTTI, v. REEMPLOYMENT ASSISTANCE APPEALS COMMISSION,, 208 So. 3d 1197 (Fla. Dist. Ct. App. 2017)

. . . not able to work and be available for work during the benefits time period, as required by section 443.091 . . .

HURTADO v. DESOUZA,, 166 So. 3d 831 (Fla. Dist. Ct. App. 2015)

. . . .” §§ 443.091(l)(d), .036(1), Fla. . . . See § 443.091(l)(d), Fla. Stat. . . . Under section 443.091’s "benefit eligibility conditions,” the person seeking reemployment assistance . . . must be "able to work and is available for work.” § 443.091(l)(d), Fla. . . .

SOLER, v. REEMPLOYMENT ASSISTANCE APPEALS COMMISSION,, 143 So. 3d 1152 (Fla. Dist. Ct. App. 2014)

. . . While “eligibility” refers to a qualified claimant’s right to continue receiving benefits, § 443.091, . . .

A. MARTINEZ, v. REEMPLOYMENT ASSISTANCE APPEALS COMMISSION, 119 So. 3d 557 (Fla. Dist. Ct. App. 2013)

. . . See § 443.091(3)(b), (3)(c), Fla. Stat. (2012); Brown v. Fla. . . .

P. VIDAL, v. FLORIDA REEMPLOYMENT ASSISTANCE APPEALS COMMISSION, 96 So. 3d 436 (Fla. Dist. Ct. App. 2012)

. . . We find that section 443.091(3)(a), Florida Statutes (2010), does apply to Mr. . . . Vidal was ineligible for benefits under section 443.091(3)(a), Florida Statutes (2010), because he was . . . RAAC relied on section 443.091 for its decision denying Mr. . . . .” § 443.091(3)(a), Fla. Stat. (2010) (emphasis added). . . . Section 443.091(3)(a) does not require that Mr. . . . decision of ineligibility asserted that he was not subject to the special “summer vacation” rule, section 443.091 . . .

M. DURAN, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION,, 98 So. 3d 1174 (Fla. Dist. Ct. App. 2012)

. . . be reasonably assured of full-time employment during the second half of the academic year, section 443.091 . . . informed that she was ineligible for the compensation during the summer months pursuant to section 443.091 . . . Section 443.091, Florida Statutes (2009), sets forth the conditions for any person who works in an instructional . . . Section 443.091(3)(a), concerns the eligibility requirements of such a person to receive unemployment . . . Duran is not eligible for unemployment benefits during the summer months pursuant to section 443.091( . . . . § 443.091(3)(a), Fla. Stat. (2009). . . . The referee erred in applying section 443.091(3)(a) to Ms. Duran’s case. . . . The plain language of the section 443.091(3)(a) establishes two necessary criteria for the disqualification . . . result of her termination, but incorrectly determined her eligibility between the terms since section 443.091 . . .

R. BROWN, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION, 81 So. 3d 646 (Fla. Dist. Ct. App. 2012)

. . . Under section 443.091(3)(a), Florida Statutes (2010), unemployment benefits are not payable for instructional . . . similarly not payable during “an established and customary vacation period or holiday recess ....” § 443.091 . . .

TOURELLE, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION LLC., 80 So. 3d 445 (Fla. Dist. Ct. App. 2012)

. . . Section 443.091(1), Florida Statutes (2009), provides that an unemployed individual is eligible to receive . . .

MARSOCCI, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION, 76 So. 3d 27 (Fla. Dist. Ct. App. 2011)

. . . .” § 443.091(l)(d), Fla. Stat. (2010). . . .

M. OLIVA, v. UNEMPLOYMENT APPEALS COMMISSION,, 63 So. 3d 890 (Fla. Dist. Ct. App. 2011)

. . . receiving benefits because she was not “able to work and available for work” as required by section 443.091 . . .

GONZALEZ, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION,, 80 So. 3d 335 (Fla. Dist. Ct. App. 2010)

. . . See §§ 443.091 (1 )(g); 443.11 l(2)(b), Fla. Stat. (2010). . . .

GRELL, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION,, 44 So. 3d 201 (Fla. Dist. Ct. App. 2010)

. . . Section 443.091(l)(c), Florida Statutes (2009), provides that, to be eligible to receive unemployment . . . Section 443.091(l)(c) gives the Agency for Workforce Innovation the authority to develop criteria to . . .

A. CHAPMAN, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION,, 15 So. 3d 716 (Fla. Dist. Ct. App. 2009)

. . . Section 443.091(l)(c), Florida Statutes (2007), states that an unemployed person is eligible to receive . . . period in which the claimant is participating in training approved by the Agency as provided in Section 443.091 . . . See § 443.091(l)(c), Fla. Stat. (2007); Rule 60BB-3.021(3), Fla. Admin. Code. . . .

TORRES, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION, 983 So. 2d 10 (Fla. Dist. Ct. App. 2008)

. . . .” § 443.091(1X0)1., Fla. Stat. (2007). . . .

W. WOOD, v. UNEMPLOYMENT APPEALS COMMISSION,, 927 So. 2d 127 (Fla. Dist. Ct. App. 2006)

. . . .” § 443.091(l)(e), Fla. Stat. (1995); Florida Indus. Comm’n v. . . .

M. CACHO, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION,, 924 So. 2d 933 (Fla. Dist. Ct. App. 2006)

. . . benefits claimant is not entitled benefits for a new benefit year until the requirements of section 443.091 . . .

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

. . . Grover was “available for work” within the meaning of section 443.091(l)(c)(l), Florida Statutes (2002 . . .

C. COSTARELL, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION,, 916 So. 2d 778 (Fla. 2005)

. . . The primary statutory provisions at issue are sections 443.091 and 443.111, Florida Statutes (2000). . . . Titled “Benefit Eligibility Conditions,” section 443.091 provides that an unemployed individual shall . . . for benefits for these weeks; thus, he did not satisfy the benefit eligibility conditions of section 443.091 . . . The statutory scheme relied upon by the Commission is contained in section 443.091(l)(a), Florida Statutes . . .

B. KRATZ, v. STATE UNEMPLOYMENT APPEALS COMMISSION, 901 So. 2d 1022 (Fla. Dist. Ct. App. 2005)

. . . .” § 443.091(l)(e)l., Fla. Stat. (2004). . . . Rule 60BB-3.022 was promulgated under the authority of section 443.091(l)(c)2. and is consistent with . . .

HIS KIDS DAYCARE, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION,, 904 So. 2d 477 (Fla. Dist. Ct. App. 2005)

. . . See §§ 443.036(27), and 443.091(1)(f), Fla. Stat. (2004). . . .

BRENNER, v. DEPARTMENT OF BANKING AND FINANCE, 892 So. 2d 1129 (Fla. Dist. Ct. App. 2004)

. . . Section 443.091(1)®, Florida Statutes provides that an unemployed individual is eligible to receive benefits . . . for insured work equal to 1.5 times her or his high quarter wages during her or his base period.” § 443.091 . . .

C. COSTARELL, v. UNEMPLOYMENT APPEALS COMMISSION,, 874 So. 2d 43 (Fla. Dist. Ct. App. 2004)

. . . af-firmance is that Costarell failed to continue claiming unemployment benefits as required by section 443.091 . . . Additionally, it determined the statutory filing requirement of section 443.091 to be “advisory or directory . . . Moreover, the legislature’s recent amendment to sections 443.091 and 443.111 reinforces our conclusion . . .

TETZLAFF, v. UNEMPLOYMENT APPEALS COMMISSION,, 866 So. 2d 730 (Fla. Dist. Ct. App. 2004)

. . . was denied based upon the fact that he had not complied with the reporting requirements of sections 443.091 . . .

WINTERS, v. STATE UNEMPLOYMENT APPEALS COMMISSION ADP III,, 858 So. 2d 1218 (Fla. Dist. Ct. App. 2003)

. . . See § 443.091(1), Fla. Stat. (2002). . . . Thus, pursuant to sections 443.036(39)(a) and 443.091(1) of the Florida Statutes, Winters was totally . . .

DIXON, v. UNEMPLOYMENT APPEALS COMMISSION,, 827 So. 2d 1118 (Fla. Dist. Ct. App. 2002)

. . . unemployment compensation because he was not “able and available for work” in accordance with Section 443.091 . . .

BLOOM, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION,, 804 So. 2d 1285 (Fla. Dist. Ct. App. 2002)

. . . See § 443.091(1)(c)1., Fla. Stat. (2001); Florida Indus. Comm’n v. . . .

D. FISH, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION KOGER EQUITY, INC., 802 So. 2d 1201 (Fla. Dist. Ct. App. 2002)

. . . .” § 443.091(1)©, Fla. Stat. (2000). . . .

E. CHING, v. UNEMPLOYMENT APPEALS COMMISSION,, 783 So. 2d 367 (Fla. Dist. Ct. App. 2001)

. . . (Supp.1998); § 443.091, Fla. Stat. (1997). . . . .

C. DeSTEFANO, v. APED ACQUISITION COMPANY, INC., 784 So. 2d 1206 (Fla. Dist. Ct. App. 2001)

. . . . §§ 443.091, 443.101(l)(a), Fla. Stat. (1999); Sienkiewicz v. . . .

R. SIENKIEWICZ, v. INTREPID POWERBOATS, INC., 774 So. 2d 739 (Fla. Dist. Ct. App. 2000)

. . . .; § 443.091, Fla. Stat. (1997). Intrepid appealed to the U.A.C. . . . See § 443.091, Fla. Stat. (1997). We reverse the order of the Unemployment Appeals Commission. . . .

MANCEBO, v. DEPARTMENT OF LABOR EMPLOYMENT SECURITY, DIVISION OF UNEMPLOYMENT COMPENSATION, 770 So. 2d 228 (Fla. Dist. Ct. App. 2000)

. . . proceeding was whether the claimant was “able and available” for work under sections 443.036(1),(6) and 443.091 . . .

M. HORVATH, v. SOUTHWEST AIRLINES CO., 761 So. 2d 1250 (Fla. Dist. Ct. App. 2000)

. . . sion’s order and REMAND for a determination of Claimant’s eligibility for benefits pursuant to section 443.091 . . .

F. GUNDAY, v. MIAMI DADE COMMUNITY COLLEGE, 757 So. 2d 553 (Fla. Dist. Ct. App. 2000)

. . . We affirm the denial of unemployment benefits to the appellanVteacher based upon sections 443.091(3)( . . .

HUDSON, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION,, 755 So. 2d 764 (Fla. Dist. Ct. App. 2000)

. . . See § 443.091(2), Fla. Stat. (1999). . . .

L. GANT, v. UNEMPLOYMENT APPEALS COMMISSION,, 743 So. 2d 114 (Fla. Dist. Ct. App. 1999)

. . . Gant needs to reimburse the $750 paid during the training program in light of section 443.091(l)(c)(2 . . . consider the exception that applies when a claimant attends a training program pursuant to section 443.091 . . .

M. DINES, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION,, 730 So. 2d 378 (Fla. Dist. Ct. App. 1999)

. . . , during this period, he did not continue to file claims (as he did before and after) under section 443.091 . . . The statute provides: 443.091 Benefit eligibility conditions.— (1) An unemployed individual shall be . . .

C. THOMAS, v. UNEMPLOYMENT APPEALS COMMISSION,, 719 So. 2d 985 (Fla. Dist. Ct. App. 1998)

. . . Ciarlante, 84 So.2d 1 (Fla.1955); see also § 443.091(1)(c), Fla. Stat. (1997). AFFIRMED. W. . . .

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

. . . that, even after her application was rejected, she continue to file claims for benefits under section 443.091 . . .

H. WHITE, v. UNEMPLOYMENT APPEALS COMMISSION,, 714 So. 2d 667 (Fla. Dist. Ct. App. 1998)

. . . benefits was erroneous because the work she declined was not “suitable employment” as defined in section 443.091 . . . Section 443.091(l)(c)(3), Florida Statutes (1995), provides in pertinent part, as follows: [T]he term . . .

SUN STATES SERVICES, INC. d b a v. GRASIANO, 714 So. 2d 1177 (Fla. Dist. Ct. App. 1998)

. . . was permitted by it to refuse work, was “able and available for work” within the meaning of section 443.091 . . .

PARZIK, v. UNEMPLOYMENT APPEALS COMMISSION,, 711 So. 2d 636 (Fla. Dist. Ct. App. 1998)

. . . Section 443.091(3)(a) and (c), Florida Statutes (1996) provides that no benefits shall be paid for any . . .

F. LEWIS, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION, 710 So. 2d 1013 (Fla. Dist. Ct. App. 1998)

. . . .” § 443.091(l)(e), Fla. Stat. (1995); Florida Indus. Comm’n v. . . .

A. NEVILLE, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION,, 709 So. 2d 631 (Fla. Dist. Ct. App. 1998)

. . . evidence to support the conclusion that Neville failed to seek full-time work as required by section 443.091 . . .

POSSE, v. VINCAM HUMAN RESOURCES, INC., 783 So. 2d 1081 (Fla. Dist. Ct. App. 1998)

. . . ineligible for benefits because he was not “able to work and [ ] available for work” as required by section 443.091 . . .

E. MAY, v. UNEMPLOYMENT APPEALS COMMISSION Of, 698 So. 2d 352 (Fla. Dist. Ct. App. 1997)

. . . See § 443.091, Fla. Stat. (1995). . . . Section 443.091 sets forth benefit eligibility conditions, with subsection 443.091(l)(f) containing the . . .

L. BOTTO, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION,, 684 So. 2d 300 (Fla. Dist. Ct. App. 1996)

. . . and remand for further proceedings because the referee failed to address the application of section 443.091 . . . The appeals referee’s order fails to consider the legal effect of section 443.091(l)(c)2. . . . Yet, the referee applied section 443.091(l)(c)l. without setting forth any findings that showed section . . . 443.091(l)(c)2. was inapplicable. . . . We remand to the appeals referee to consider whether section 443.091(l)(c)2. applies to Ms. . . .

F. LEWIS, v. LAKELAND HEALTH CARE CENTER, INC., 685 So. 2d 876 (Fla. Dist. Ct. App. 1996)

. . . .” § 443.091(l)(e), Fla.Stat. (1995). . . . eligibility, an employee does not need to prove that she was fired, but only that she is “unemployed.” § 443.091 . . .

KINNEY, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION,, 680 So. 2d 1142 (Fla. Dist. Ct. App. 1996)

. . . . § 443.091(2), Fla. Stat. (1995); Heifetz v. . . .

TURNBERRY ISLE RESORT AND CLUB, v. D. FERNANDEZ,, 666 So. 2d 254 (Fla. Dist. Ct. App. 1996)

. . . Section 443.091(2), Florida Statutes (1993), provides in part: No individual may receive benefits in . . . At issue is whether the “remuneration” referred to in section 443.091(2) includes materials and supplies . . . The dissent has read section 443.091(2) out of context. . . . The Commission’s decision is not contrary to the language of section 443.091(2), Florida Statutes (1993 . . . Section 443.091(2) states: No individual may receive benefits in a benefit year unless, subsequent to . . . Contrary to the majority’s assertion, the dissent has not read section 443.091(2) in the disjunctive. . . .

L. SANCHEZ, v. UNEMPLOYMENT APPEALS COMMISSION, 665 So. 2d 1138 (Fla. Dist. Ct. App. 1996)

. . . next academic year and thus was disqualified from receiving benefits by the provisions of paragraphs 443.091 . . .

SARASOTA WELFARE HOME, INC. v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION H., 637 So. 2d 70 (Fla. Dist. Ct. App. 1994)

. . . who would work only when she desired, was not “available for work” as that term is used in section 443.091 . . .

GRANT, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION,, 626 So. 2d 1116 (Fla. Dist. Ct. App. 1993)

. . . . § 443.091(2), Fla.Stat. (1991). . . .

SUN STATES SERVICES, INC. d b a v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION L., 629 So. 2d 858 (Fla. Dist. Ct. App. 1993)

. . . examiner ever considered whether Berger was eligible for unemployment, within the meaning of section 443.091 . . . eligible for unemployment because she had not been “available for work” within the meaning of section 443.091 . . . ineligible for unemployment because she was not “available for work” within the meaning of section 443.091 . . . determine that a claimant is “able to work and available for work” prior to making an award of benefits. § 443.091 . . .

J. CHARLEBOIS, v. BISCAYNE BAY TRANSITIONAL LIVING CENTER,, 622 So. 2d 1117 (Fla. Dist. Ct. App. 1993)

. . . . § 443.091(l)(c)(2), (3) (emphasis added). . . . Such workers are expressly exempted from the “available for work” requirement of sub-paragraph 443.091 . . . not think that the Legislature, having created special provisions for training programs under section 443.091 . . . Claimant testified below that his program qualified under subparagraphs 443.091(l)(c)(2) and (3), Florida . . . voluntarily leaving employment at Biscayne Bay Transitional, regardless of whether or not sub-paragraphs 443.091 . . .

GREEN, v. STATE, 620 So. 2d 1126 (Fla. Dist. Ct. App. 1993)

. . . See §§ 443.091 and 443.101, Fla.Stat. (1991). . . .

M. VEGA, v. DADE COUNTY PUBLIC SCHOOLS, 616 So. 2d 197 (Fla. Dist. Ct. App. 1993)

. . . . § 443.091(3)(a) & (c), Florida Statutes. . . .

L. PONCE, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION,, 595 So. 2d 1109 (Fla. Dist. Ct. App. 1992)

. . . . § 443.091(l)(a), Fla.Stat. (1989); see Motherwell v. . . .

M. MOTHERWELL, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION,, 562 So. 2d 401 (Fla. Dist. Ct. App. 1990)

. . . Section 443.091(1), Florida Statutes (1987) provides that in order to be eligible to receive compensation . . .

BUNS UNLIMITED OF FLORIDA, INC. v. UNEMPLOYMENT APPEALS COMMISSION,, 508 So. 2d 786 (Fla. Dist. Ct. App. 1987)

. . . Section 443.091 lists the conditions under which the claimant is eligible to receive benefits: Benefit . . . He is able to work and is available for work. § 443.091, Fla.Stat. (1985). . . . .-05(l)(c)l., Florida Statutes [now section 443.091]. * * * * # * (3) A claimant must be able to work . . .

PALM BEACH COUNTY SCHOOL BOARD, v. STATE UNEMPLOYMENT APPEALS COMMISSION P., 504 So. 2d 505 (Fla. Dist. Ct. App. 1987)

. . . . § 443.091(1), Fla.Stat. (1985). . . . Plaza, works only when she wants to is not ‘available for work’ within the meaning of section 443.091 . . .

SCHOOL BOARD OF LEE COUNTY, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION L., 500 So. 2d 253 (Fla. Dist. Ct. App. 1986)

. . . . §§ 443.091(3)(a), Fla. Stat. Ms. . . .

ALFRED, L. B. v. FLORIDA DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, UNEMPLOYMENT APPEALS COMMISSION,, 487 So. 2d 355 (Fla. Dist. Ct. App. 1986)

. . . authorizations to work, as a local policy matter, rendered appellants “unavailable” for work under section 443.091 . . . Moise (85-1934); Sanon (Case No. 85-1969); Zephyr (Case No. 85-1972); Stanis (Case No. 85-1747). . § 443.091 . . .

BAPTIST MEDICAL CENTER, v. F. STOLTE, 475 So. 2d 959 (Fla. Dist. Ct. App. 1985)

. . . Section 443.091(l)(c)l, Fla.Stat., and Rule 38B-2.19(3)(b), FAC, provide: 443.091 Benefit eligibility . . . As reflected in the majority’s opinion, Section 443.091(1), (c)l, confers upon the Division the decision . . .

NORTH MIAMI GENERAL HOSPITAL INCORPORATED, v. L. PLAZA, 432 So. 2d 723 (Fla. Dist. Ct. App. 1983)

. . . Plaza, works only when she wants to is not “available for work” within the meaning of Section 443.091 . . .

R. CACERES, Jr. v. FLORIDA DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY,, 414 So. 2d 628 (Fla. Dist. Ct. App. 1982)

. . . is ineligible for benefits for failure to meet reporting requirements, within the meaning of section 443.091 . . .

PORT CARRIERS, INC. v. SIMMONS, 412 So. 2d 910 (Fla. Dist. Ct. App. 1982)

. . . Section 443.091 Fla.Stat. (1981) establishes availability for work as a condition for benefit eligibility . . . The Commission argues that § 443.151(3)(d) Fla.Stat. (1981) cuts off the right to appeal § 443.091 issues . . . The employer is raising a § 443.091 issue, so § 443.151(3)(d) has no application, and therefore neither . . .