Florida Statute 443.1317 - Full Text and Legal Analysis

443.1317 Rulemaking authority; enforcement of rules.—

(1) DEPARTMENT OF COMMERCE.—

(a) Except as otherwise provided in s. 443.012, the Department of Commerce has ultimate authority over the administration of the Reemployment Assistance Program.

(b) The department may adopt rules under ss. 120.536(1) and 120.54 to administer the provisions of this chapter conferring duties upon either the department or its tax collection service provider.

(2) TAX COLLECTION SERVICE PROVIDER.—The state agency providing reemployment assistance tax collection services under contract with the Department of Commerce through an interagency agreement pursuant to s. 443.1316 may adopt rules under ss. 120.536(1) and 120.54, subject to approval by the department, to administer the provisions of law described in s. 443.1316(1)(a) and (b) which are within this chapter. These rules must not conflict with the rules adopted by the department or with the interagency agreement.

(3) ENFORCEMENT OF RULES.—The Department of Commerce may enforce any rule adopted by the state agency providing reemployment assistance tax collection services to administer this chapter. The tax collection service provider may enforce any rule adopted by the department to administer the provisions of law described in s. 443.1316(1)(a) and (b).

History.—s. 37, ch. 2003-36; s. 370, ch. 2011-142; s. 20, ch. 2012-30; s. 191, ch. 2024-6.

Cases Citing F.S. 443.1317

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Schindelar v. Florida Unemployment Appeals Comm'n, 31 So. 3d 903 (Fla. 1st DCA 2010).
Cited 1 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 3854, 2010 WL 1076277
...1st DCA 1986) (holding administrative agencies have only the powers delegated by statute). Thus, in the absence of a specific statute authorizing the Agency to prevent a claimant from withdrawing her unemployment claim, it *906 cannot do so. The Agency can promulgate rules and procedures for cancelling a claim. See § 443.1317, Fla....

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Cases Citing F.S. 443.1317

Schindelar v. Florida Unemployment Appeals Comm'n, 31 So. 3d 903 (Fla. 1st DCA 2010).