Florida Statute 443.111 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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 Commerce, 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 Commerce.

(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; s. 178, ch. 2024-6.

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 Citing Statute 443.111

Total Results: 20

Andrew A Romero v. Reemployment Assistance Appeals Commission

Court: Fla. Dist. Ct. App. | Date Filed: 2017-12-13T00:00:00-08:00

Citation: 230 So. 3d 1282

Snippet: less than his or-her weekly benefit amount); § 443.111(4)(b), Fla. Stat. (2017) (describing calculation

Diez v. Reemployment Assistance Appeals Commission

Court: Fla. Dist. Ct. App. | Date Filed: 2014-12-23T00:00:00-08:00

Citation: 152 So. 3d 1269, 2014 Fla. App. LEXIS 20807, 2014 WL 7273573

Snippet: lacks sufficient base period wage credits. See § 443.111(2)(b), Fla. Stat. We affirm. Diez worked for BellSouth…these determinations. Next, pursuant to section 443.111, the Commission calculated Diez’s wage credits.…1.5, but at least $3,400 in the base period. § 443.111(2), Fla. Stat. (2012). According to the Commission

Martinez v. Reemployment Assistance Appeals Commission

Court: Fla. Dist. Ct. App. | Date Filed: 2013-07-17T00:00:00-07:00

Citation: 118 So. 3d 878, 2013 WL 3723421, 2013 Fla. App. LEXIS 11235

Snippet: agreement in the federal lawsuit. Under section 443.111, Florida Statutes (2009), a claimant’s weekly benefit… governed by the equation set forth in section 443.111(3), which states: (3) WEEKLY BENEFIT AMOUNT.— An… notes, this discretion is tempered by section 443.111(5)(e) in situations where a claimant’s wages are…are paid at irregular intervals. Section 443.111(5)(e) states: If the remuneration of an individual is…roughly one year after he had resigned— section 443.111(5)(e) mandates that they be assigned to his base

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: amount of regular benefits permitted under s. 443.111(5)(b) during the benefit year. The UAC concedes

Tourelle v. Florida Unemployment Appeals Commission

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

Citation: 80 So. 3d 445, 2012 WL 573534, 2012 Fla. App. LEXIS 2705

Snippet: times the federal hourly minimum wage." § 443.111(4)(b), Fla. Stat. (2009). "Week" means…worked, to report earnings from that work." § 443.111(1)(b), Fla. Stat. (2009). Section 443.091(1), Florida

Gonzalez v. Florida Unemployment Appeals Commission

Court: Fla. Dist. Ct. App. | Date Filed: 2011-06-29T00:00:00-07:00

Citation: 80 So. 3d 335, 2011 Fla. App. LEXIS 10174, 2010 WL 4103359

Snippet: effective date of the claim. See §§ 443.091(1)(g); 443.111(2)(b), Fla. Stat. (2010). The second prong is a

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: benefits for the benefit year was $7150 under section 443.111(5)(a)(l); thus, the appropriate fee cannot exceed

Costarell v. FLORIDA UNEMP. APPEALS COM'N

Court: Fla. | Date Filed: 2005-11-22T23:53:00-08:00

Citation: 916 So. 2d 778

Snippet: of Fla.; see also id. § 25, at 292 (amending § 443.111(1)(b), Fla. Stat. (2002)). However, those amendments…statutory provisions at issue are sections 443.091 and 443.111, Florida Statutes (2000). Titled "Benefit …benefits is made in the manner set forth in section 443.111. This section expressly provides that payment of…worked, to report earnings from such work." § 443.111(1)(b). Quite simply, for the weeks in question,

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: amount of regular benefits permitted under s. 443.111(5)(a) during the benefit year." § 443.041(

Costarell v. Unemployment Appeals Commission

Court: Fla. Dist. Ct. App. | Date Filed: 2004-05-07T00:00:00-07:00

Citation: 874 So. 2d 43, 2004 Fla. App. LEXIS 6402, 2004 WL 1057707

Snippet: legislature’s recent amendment to sections 443.091 and 443.111 reinforces our conclusion that its original intent

Tetzlaff v. Unemployment Appeals Commission

Court: Fla. Dist. Ct. App. | Date Filed: 2004-01-23T00:00:00-08:00

Citation: 866 So. 2d 730, 2004 Fla. App. LEXIS 512

Snippet: worked, to report earnings from that work. See § 443.111 Fla. Stat. (2001). Since the facts in Dines are

Doig v. FLORIDA UNEMPLOYMENT APPEALS COM'N

Court: Fla. Dist. Ct. App. | Date Filed: 2003-11-12T23:53:00-08:00

Citation: 862 So. 2d 76

Snippet: employment, Mr. Doig collected a reduced benefit. See § 443.111(4)(b), Fla. Stat. (2000). After a telephone hearing…which appellant would be otherwise entitled. § 443.111(3), Fla. Stat. (Supp.1992). In an effort to improve

Smith v. Bankers Life & Casualty Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2003-07-18T00:00:00-07:00

Citation: 852 So. 2d 297, 2003 Fla. App. LEXIS 10873, 2003 WL 21673034

Snippet: , 646 So.2d 798 (Fla. 2d DCA 1994); see also § 443.111(4)(b), Fla. Stat. (2001) (providing *299for partial

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: percent of the regular benefits awarded under s. 443.111(5)(a) during the benefit year. As for the amount

Dunn v. Unemployment Appeals Commission

Court: Fla. Dist. Ct. App. | Date Filed: 2002-11-08T00:00:00-08:00

Citation: 832 So. 2d 168, 2002 Fla. App. LEXIS 18266, 2002 WL 31777907

Snippet: of the part-time job. An amendment to section 443.111, Florida Statutes (2001), previously suggested …legislature should revisit sections 443.101 and 443.111 because their broad language sometimes hurts diligent

Rochussen v. UNEMPLOYMENT APPEALS COM'N

Court: Fla. Dist. Ct. App. | Date Filed: 2001-09-21T00:53:00-07:00

Citation: 795 So. 2d 1075

Snippet: employment that the individual voluntarily quit. See § 443.111(3)(b), Fla. Stat. (1981). Although it would seem…part-time workers to continue working. Section 443.111(4)(b), Florida Statutes, provides that "each…contained in the body of this opinion, section 443.111(1)(4)(a) could be amended to state: (4) WEEKLY

Dines v. FLA. UNEMPLOYMENT APPEALS COM'N

Court: Fla. Dist. Ct. App. | Date Filed: 1999-03-30T23:53:00-08:00

Citation: 730 So. 2d 378

Snippet: jobs; but no such rule shall conflict with s. 443.111(1). The rules of the Division of Unemployment Compensation

State v. Robinson

Court: Fla. Dist. Ct. App. | Date Filed: 1999-03-18T23:53:00-08:00

Citation: 740 So. 2d 9

Snippet: consensual nature." Bostick, 501 U.S. at 443, 111 S.Ct. 2382. On the other hand, Robinson's

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: percent of the regular benefits awarded under s. 443.111(4)(a) during the benefit year. Where a statute

May v. Unemployment Appeals Commission

Court: Fla. Dist. Ct. App. | Date Filed: 1997-08-20T00:00:00-07:00

Citation: 698 So. 2d 352, 1997 Fla. App. LEXIS 9469, 1997 WL 472074

Snippet: wages during his base period.” Id. Subsection 443.111(2)(b) provides that the award of benefits for entitled…amendments became effective on July 1, 1996. See § 443.111, Fla. Stat. (Supp.1996). . The "base period