The 2023 Florida Statutes (including Special Session C)

Title XXXI
LABOR

Chapter 443
REEMPLOYMENT ASSISTANCE

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F.S. 443.111

443.111 Payment of benefits.—

(1) MANNER OF PAYMENT.—Benefits are payable from the fund in accordance with rules adopted by the Department of Economic Opportunity, subject to the following requirements:

(a) Benefits are payable electronically, except that an individual being paid by paper warrant on July 1, 2011, may continue to be paid in that manner until the expiration of the claim. The department may develop a system for the payment of benefits by electronic funds transfer, including, but not limited to, debit cards, electronic payment cards, or any other means of electronic payment that the department deems to be commercially viable or cost-effective. Commodities or services related to the development of such a system shall be procured by competitive solicitation, unless they are purchased from a state term contract pursuant to s. 287.056. The department shall adopt rules necessary to administer this paragraph.

(b) As required under s. 443.091(1), each claimant must report at least biweekly to receive reemployment assistance benefits and to attest to the fact that she or he is able and available for work, has not refused suitable work, is seeking work and has met the requirements of s. 443.091(1)(d), and, if she or he has worked, to report earnings from that work. Each claimant must continue to report regardless of any appeal or pending appeal relating to her or his eligibility or disqualification for benefits.

(2) QUALIFYING REQUIREMENTS.—To establish a benefit year for reemployment assistance benefits, an individual must have:

(a) Wage credits in two or more calendar quarters of the individual’s base period.

(b) Minimum total base period wage credits equal to the high quarter wages multiplied by 1.5, but at least $3,400 in the base period.

(3) WEEKLY BENEFIT AMOUNT.—An individual’s “weekly benefit amount” is an amount equal to one twenty-sixth of the total wages for insured work paid during that quarter of the base period in which the total wages paid were the highest, but not less than $32 or more than $275. The weekly benefit amount, if not a multiple of $1, is rounded downward to the nearest full dollar amount. The maximum weekly benefit amount in effect at the time the claimant establishes an individual weekly benefit amount is the maximum benefit amount applicable throughout the claimant’s benefit year.

(4) WEEKLY BENEFIT FOR UNEMPLOYMENT.—

(a) Total.—Each eligible individual who is totally unemployed in any week is paid for the week a benefit equal to her or his weekly benefit amount.

(b) Partial.—Each eligible individual who is partially unemployed in any week is paid for the week a benefit equal to her or his weekly benefit less that part of the earned income, if any, payable to her or him for the week which is in excess of 8 times the federal hourly minimum wage. These benefits, if not a multiple of $1, are rounded downward to the nearest full dollar amount.

(5) DURATION OF BENEFITS.—

(a) As used in this section, the term “Florida average unemployment rate” means the average of the 3 months for the most recent third calendar year quarter of the seasonally adjusted statewide unemployment rates as published by the Department of Economic Opportunity.

(b) Each otherwise eligible individual is entitled during any benefit year to a total amount of benefits equal to 25 percent of the total wages in his or her base period, not to exceed $6,325 or the product arrived at by multiplying the weekly benefit amount with the number of weeks determined in paragraph (c), whichever is less. However, the total amount of benefits, if not a multiple of $1, is rounded downward to the nearest full dollar amount. These benefits are payable at a weekly rate no greater than the weekly benefit amount.

1. Twelve weeks if this state’s average unemployment rate is at or below 5 percent.

2. An additional week in addition to the 12 weeks for each 0.5 percent increment in this state’s average unemployment rate above 5 percent.

3. Up to a maximum of 23 weeks if this state’s average unemployment rate equals or exceeds 10.5 percent.

(d) For the purposes of this subsection, wages are counted as “wages for insured work” for benefit purposes with respect to any benefit year only if the benefit year begins after the date the employing unit by whom the wages were paid has satisfied the conditions of this chapter for becoming an employer.

(e) If the remuneration of an individual is not based upon a fixed period or duration of time or if the individual’s wages are paid at irregular intervals or in a manner that does not extend regularly over the period of employment, the wages for any week or for any calendar quarter for the purpose of computing an individual’s right to employment benefits only are determined in the manner prescribed by rule. These rules, to the extent practicable, must secure results reasonably similar to those that would prevail if the individual were paid her or his wages at regular intervals.

History.—s. 4, ch. 18402, 1937; s. 2, ch. 19637, 1939; CGL 1940 Supp. 4151(491); s. 4, ch. 20685, 1941; s. 2, ch. 21983, 1943; s. 1, ch. 23919, 1947; ss. 1, 2, 3, ch. 26801, 1951; s. 1, ch. 29695, 1955; s. 1, ch. 57-247; s. 1, ch. 57-795; ss. 1, 2, ch. 59-55; s. 1, ch. 61-173; s. 1, ch. 67-250; ss. 17, 35, ch. 69-106; ss. 1, 2, 3, ch. 70-166; s. 4, ch. 71-225; s. 1, ch. 71-247; s. 1, ch. 72-155; s. 2, ch. 74-198; s. 1, ch. 75-121; s. 2, ch. 77-262; s. 2, ch. 77-399; s. 1, ch. 79-293; s. 182, ch. 79-400; ss. 3, 8, 9, ch. 80-95; s. 1, ch. 80-233; s. 2, ch. 81-137; ss. 1, 2, ch. 82-23; s. 3, ch. 82-91; s. 3, ch. 83-10; s. 1, ch. 83-285; s. 1, ch. 83-313; s. 1, ch. 84-21; s. 2, ch. 84-279; s. 2, ch. 85-114; s. 1, ch. 85-126; ss. 1, 2, ch. 86-10; s. 2, ch. 87-383; ss. 1, 5, ch. 88-289; s. 1, ch. 89-346; s. 2, ch. 90-89; s. 1, ch. 90-191; ss. 1, 2, 3, ch. 91-9; s. 2, ch. 92-38; s. 1, ch. 92-313; ss. 5, 6, 8, ch. 94-347; s. 5, ch. 96-378; s. 21, ch. 96-423; s. 3, ch. 97-29; ss. 1061, 1062, ch. 97-103; s. 3, ch. 99-131; s. 102, ch. 2000-153; ss. 25, 50, ch. 2003-36; s. 1, ch. 2008-167; s. 26, ch. 2011-135; s. 358, ch. 2011-142; ss. 6, 7, ch. 2011-235; s. 8, ch. 2012-30; s. 70, ch. 2012-96; s. 83, ch. 2013-15.

Note.—Former s. 443.04.

F.S. 443.111 on Google Scholar

F.S. 443.111 on Casetext

Amendments to 443.111

Arrestable Offenses / Crimes under Fla. Stat. 443.111

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 443.111.

Annotations, Discussions, Cases:

Cases from cite.case.law:

A. ROMERO, v. REEMPLOYMENT ASSISTANCE APPEALS COMMISSION, 230 So. 3d 1282 (Fla. Dist. Ct. App. 2017)

. . . any week he or she works less than full time and earns less than his or-her weekly benefit amount); § 443.111 . . .

A. DIEZ, v. REEMPLOYMENT ASSISTANCE APPEALS COMMISSION LLC,, 152 So. 3d 1269 (Fla. Dist. Ct. App. 2014)

. . . See § 443.111(2)(b), Fla. Stat. We affirm. . . . Next, pursuant to section 443.111, the Commission calculated Diez’s wage credits. . . . credits equal to the high quarter wages multiplied by 1.5, but at least $3,400 in the base period. § 443.111 . . .

R. MARTINEZ, v. REEMPLOYMENT ASSISTANCE APPEALS COMMISSION,, 118 So. 3d 878 (Fla. Dist. Ct. App. 2013)

. . . calculation of a claimant’s weekly benefit amount is governed by the equation set forth in section 443.111 . . . As Martinez notes, this discretion is tempered by section 443.111(5)(e) in situations where a claimant . . . Section 443.111(5)(e) states: If the remuneration of an individual is not based upon a fixed period or . . . withheld wages were paid at an irregular interval— roughly one year after he had resigned— section 443.111 . . . Section 443.111(5)(e), however, only mandates such a result “to the extent practicable.” . . .

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

. . . .” § 443.111(4)(b), Fla. Stat. (2009). . . . suitable work, is seeking work, and, if she or he has worked, to report earnings from that work.” § 443.111 . . .

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

. . . amount of the fee may not exceed 50 percent of the total amount of regular benefits permitted under s. 443.111 . . .

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

. . . Grover’s benefits for the benefit year was $7150 under section 443.111(5)(a)(l); thus, the appropriate . . .

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). . . . these benefit eligibility conditions, payment of benefits is made in the manner set forth in section 443.111 . . . suitable work, and is seeking work and, if she or he has worked, to report earnings from such work.” § 443.111 . . . . § 25, at 292 (amending § 443.111(l)(b), Fla. Stat. (2002)). . . .

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

. . . in an amount “not [to] exceed 50 percent of the total amount of regular benefits permitted under s. 443.111 . . .

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

. . . 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)

. . . See § 443.111 Fla. Stat. (2001). . . .

W. DOIG, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION, 862 So. 2d 76 (Fla. Dist. Ct. App. 2003)

. . . See § 443.111(4)(b), Fla. Stat. (2000). . . . their receipt would reduce the amount of benefits to which appellant would be otherwise entitled. § 443.111 . . .

D. SMITH, v. BANKERS LIFE CASUALTY COMPANY, 852 So. 2d 297 (Fla. Dist. Ct. App. 2003)

. . . Unemployment Appeals Comm’n, 646 So.2d 798 (Fla. 2d DCA 1994); see also § 443.111(4)(b), Fla. . . .

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

. . . The amount of the fee may not exceed 50 percent of the regular benefits awarded under s. 443.111(5)(a . . .

B. DUNN, v. UNEMPLOYMENT APPEALS COMMISSION TESINC, INC., 832 So. 2d 168 (Fla. Dist. Ct. App. 2002)

. . . An amendment to section 443.111, Florida Statutes (2001), previously suggested in footnote 3 in Rochussen . . . The legislature should revisit sections 443.101 and 443.111 because their broad language sometimes hurts . . .

E. ROCHUSSEN, v. UNEMPLOYMENT APPEALS COMMISSION, 795 So. 2d 1075 (Fla. Dist. Ct. App. 2001)

. . . See § 443.111(3)(b), Fla. Stat. (1981). . . . Section 443.111(4)(b), Florida Statutes, provides that “each eligible individual who is partially unemployed . . . To accomplish that goal or to modify the proposal contained in the body of this opinion, section 443.111 . . .

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

. . . this subsection as to individuals attached to regular jobs; but no such rule shall conflict with s. 443.111 . . .

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

. . . The amount of the fee may not exceed 50 percent of the regular benefits awarded under s. 443.111(4)(a . . .

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

. . . Subsection 443.111(2)(b) provides that the award of benefits for entitled individuals shall be computed . . . See § 443.111, Fla. Stat. (Supp.1996). . . . .

INTERNATIONAL ASSOCIATION OF MACHINISTS, v. J. TUCKER,, 652 So. 2d 842 (Fla. Dist. Ct. App. 1995)

. . . . § 443.111(2), Fla. Stat. (Supp.1990). . . .

J. GOLLER, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION,, 643 So. 2d 84 (Fla. Dist. Ct. App. 1994)

. . . unemployment benefits upon exhaustion of any unemployment benefits to which he is or was entitled under s. 443.111 . . . weekly benefit amount of the benefits payable under this section shall be determined pursuant to s. 443.111 . . .

G. TIERNEY, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION, s, 640 So. 2d 154 (Fla. Dist. Ct. App. 1994)

. . . . § 443.111(3), Fla.Stat. (1993). . . .

E. STEWART, v. DOLLAR TREE, 635 So. 2d 73 (Fla. Dist. Ct. App. 1994)

. . . . § 443.111(3), Fla.Stat. (Supp.1992). . . .

PALM BEACH COUNTY SCHOOL BOARD, v. STATE UNEMPLOYMENT APPEALS COMMISSION L., 576 So. 2d 362 (Fla. Dist. Ct. App. 1991)

. . . [See § 443.111(3)(b) (1989)]. . . . See § 443.111(3)(b) (1989). . . .