Florida Statutes
Fla. Stat. § 443.151 (2025)
Procedure concerning claims.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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443.151 Procedure concerning claims.—
(1) POSTING OF INFORMATION.—
(a) Each employer must post and maintain in places readily accessible to individuals in her or his employ printed statements concerning benefit rights, claims for benefits, and other matters relating to the administration of this chapter as the Department of Commerce may by rule prescribe. Each employer must supply to individuals copies of printed statements or other materials relating to claims for benefits as directed by the rules of the department. The department shall supply these printed statements and other materials to each employer without cost to the employer.
(b)1. The department shall advise each individual filing a new claim for reemployment assistance, at the time of filing the claim, that:
a. Reemployment assistance is subject to federal income tax.
b. Requirements exist pertaining to estimated tax payments.
c. The individual may elect to have federal income tax deducted and withheld from the individual’s payment of reemployment assistance at the amount specified in the federal Internal Revenue Code.
d. The individual is not permitted to change a previously elected withholding status more than twice per calendar year.
2. Amounts deducted and withheld from reemployment assistance must remain in the Unemployment Compensation Trust Fund until transferred to the federal taxing authority as payment of income tax.
3. The department shall follow all procedures specified by the United States Department of Labor and the federal Internal Revenue Service pertaining to the deducting and withholding of income tax.
4. If more than one authorized request for deduction and withholding is made, amounts must be deducted and withheld in accordance with the following priorities:
a. Reemployment assistance overpayments have first priority;
b. Child support payments have second priority; and
c. Withholding under this subsection has third priority.
(2) FILING OF CLAIM INVESTIGATIONS; NOTIFICATION OF CLAIMANTS AND EMPLOYERS.—
(a) In general.—Initial and continued claims for benefits must be made by approved electronic or alternate means and in accordance with rules adopted by the Department of Commerce. The department shall provide alternative means, such as by telephone, for filing initial and continued claims if the department determines access to the approved electronic means is or will be unavailable and also must provide public notice of such unavailability. The department must notify claimants and employers regarding monetary and nonmonetary determinations of eligibility. Investigations of issues raised in connection with a claimant which may affect a claimant’s eligibility for benefits or charges to an employer’s employment record shall be conducted by the department through written, telephonic, or electronic means as prescribed by rule.
(b) Process.—When the Reemployment Assistance Claims and Benefits Information System described in s. 443.1113 is fully operational, the process for filing claims must incorporate the process for registering for work with the consumer-first workforce system established under s. 445.011. Unless exempted under s. 443.091(1)(b)5., a claim for benefits may not be processed until the work registration requirement is satisfied. The department may adopt rules as necessary to administer the work registration requirement set forth in this paragraph.
(3) DETERMINATION OF ELIGIBILITY.—
(a) Notices of claim.—The Department of Commerce shall promptly provide a notice of claim to the claimant’s most recent employing unit and all employers whose employment records are liable for benefits under the monetary determination. The employer must respond to the notice of claim within 14 days after the mailing date of the notice, or in lieu of mailing, within 14 days after the delivery of the notice. If a contributing employer or its agent fails to timely or adequately respond to the notice of claim or request for information, the employer’s account may not be relieved of benefit charges as provided in s. 443.131(3)(a), notwithstanding paragraph (5)(b). The department may adopt rules as necessary to implement the processes described in this paragraph relating to notices of claim.
(b) Monetary determinations.—In addition to the notice of claim, the department shall also promptly provide an initial monetary determination to the claimant and each base period employer whose account is subject to being charged for its respective share of benefits on the claim. The monetary determination must include a statement of whether and in what amount the claimant is entitled to benefits, and, in the event of a denial, must state the reasons for the denial. A monetary determination for the first week of a benefit year must also include a statement of whether the claimant was paid the wages required under s. 443.091(1)(g) and, if so, the first day of the benefit year, the claimant’s weekly benefit amount, and the maximum total amount of benefits payable to the claimant for a benefit year. The claimant may file a request for the department to reconsider a monetary determination within 20 days after the department mails the notice to the claimant’s last known address or, in lieu of mailing, within 20 days after the delivery of the notice. A monetary determination is final for a claimant if the claimant does not file a timely request for the department to reconsider the monetary determination. A monetary redetermination is final for a claimant unless within 20 days after the mailing of the notice of monetary redetermination to the claimant’s last known address or, in lieu of mailing, within 20 days after the delivery of the notice, the claimant files an appeal. The monetary determination or monetary redetermination is final for an employer or other party entitled to notice unless within 20 days after the mailing of the respective notice to the employer or party to its last known address or, in lieu of mailing, within 20 days after delivery of the notice, an appeal is filed by the employer or the party. The department may adopt rules as necessary to implement the processes described in this paragraph relating to notices of monetary determinations and the appeals or reconsideration requests filed in response to such notices.
(c) Nonmonetary determinations.—If the department receives information that may result in a denial of benefits, the department must complete an investigation of the claim required by subsection (2) and provide notice of a nonmonetary determination to the claimant and the employer from whom the claimant’s reason for separation affects his or her entitlement to benefits. The determination must state the reason for the determination and whether the reemployment assistance tax account of the contributing employer is charged for benefits paid on the claim. The nonmonetary determination is final unless within 20 days after the mailing of the notices to the parties’ last known addresses, or in lieu of mailing, within 20 days after the delivery of the notices, an appeal or written request for reconsideration is filed by the claimant or other party entitled to notice. The department may adopt rules as necessary to implement the processes described in this paragraph relating to notices of nonmonetary determination and the appeals or reconsideration requests filed in response to such notices, and may adopt rules prescribing the manner and procedure by which employers within the base period of a claimant become entitled to notice of nonmonetary determination.
(d) Determinations in labor dispute cases.—Whenever any claim involves a labor dispute described in s. 443.101(4), the department shall promptly assign the claim to a special examiner who shall make a determination on the issues involving unemployment due to the labor dispute. The special examiner shall make the determination after an investigation, as necessary. The claimant or another party entitled to notice of the determination may appeal a determination under subsection (4).
(e) Redeterminations.—
1. The department may reconsider a determination if it finds an error or if new evidence or information pertinent to the determination is discovered after a prior determination or redetermination. A redetermination may not be made more than 1 year after the last day of the benefit year unless the disqualification for making a false or fraudulent representation under s. 443.101(6) is applicable, in which case the redetermination may be made within 2 years after the false or fraudulent representation. The department must promptly give notice of redetermination to the claimant and to any employers entitled to notice in the manner prescribed in this section for the notice of an initial determination.
2. If the amount of benefits is increased by the redetermination, an appeal of the redetermination based solely on the increase may be filed as provided in subsection (4). If the amount of benefits is decreased by the redetermination, the redetermination may be appealed by the claimant if a subsequent claim for benefits is affected in amount or duration by the redetermination. If the final decision on the determination or redetermination to be reconsidered was made by an appeals referee, the commission, or a court, the department may apply for a revised decision from the body or court that made the final decision.
3. If an appeal of an original determination is pending when a redetermination is issued, the appeal unless withdrawn is treated as an appeal from the redetermination.
(4) APPEALS.—
(a) Appeals referees.—
1. The Department of Commerce shall appoint one or more impartial salaried appeals referees in accordance with s. 443.171(3) to hear and decide appealed claims.
2. A person may not participate on behalf of the department as an appeals referee in any case in which she or he is an interested party.
3. The department may designate alternates to serve in the absence or disqualification of any appeals referee on a temporary basis. These alternates must have the same qualifications required of appeals referees.
4. The department shall provide the commission and the appeals referees with proper facilities and assistance for the execution of their functions.
(b) Filing and hearing.—
1. The claimant or any other party entitled to notice of a determination may appeal an adverse determination to an appeals referee within 20 days after the date of mailing of the notice to her or his last known address or, if the notice is not mailed, within 20 days after the date of delivering the notice.
2. Unless the appeal is untimely or withdrawn or review is initiated by the commission, the appeals referee, after mailing all parties and attorneys of record a notice of hearing at least 10 days before the date of hearing, notwithstanding the 14-day notice requirement in s. 120.569(2)(b), may only affirm, modify, or reverse the determination. An appeal may not be withdrawn without the permission of the appeals referee.
3. If an appeal appears to have been filed after the permissible time limit, the Office of Appeals may issue an order to show cause to the appellant which requires the appellant to show why the appeal should not be dismissed as untimely. If, within 15 days after the mailing date of the order to show cause, the appellant does not provide written evidence of timely filing or good cause for failure to appeal timely, the appeal shall be dismissed. However, an appeal may not be filed more than 5 years after the date of the mailing of the determination or, if the determination is not mailed, more than 5 years after the date of the delivery of the determination.
4. If an appeal involves a question of whether services were performed by a claimant in employment or for an employer, the referee must give special notice of the question and of the pendency of the appeal to the employing unit and to the department, both of which become parties to the proceeding.
5.a. Any part of the evidence may be received in written form, and all testimony of parties and witnesses shall be made under oath.
b. Irrelevant, immaterial, or unduly repetitious evidence shall be excluded, but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs is admissible, whether or not such evidence would be admissible in a trial in state court.
c. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, or to support a finding if it would be admissible over objection in civil actions. Notwithstanding s. 120.57(1)(c), hearsay evidence may support a finding of fact if:
(I) The party against whom it is offered has a reasonable opportunity to review such evidence prior to the hearing; and
(II) The appeals referee or special deputy determines, after considering all relevant facts and circumstances, that the evidence is trustworthy and probative and that the interests of justice are best served by its admission into evidence.
6. The parties must be notified promptly of the referee’s decision. The referee’s decision is final unless further review is initiated under paragraph (c) within 20 days after the date of mailing notice of the decision to the party’s last known address or, in lieu of mailing, within 20 days after the delivery of the notice.
(c) Review by commission.—The commission may, on its own motion, within the time limit in paragraph (b), initiate a review of the decision of an appeals referee. The commission may also allow the department or any adversely affected party entitled to notice of the decision to appeal the decision by filing an application within the time limit in paragraph (b). An adversely affected party has the right to appeal the decision if the department’s determination is not affirmed by the appeals referee. The commission may affirm, modify, or reverse the findings and conclusions of the appeals referee based on evidence previously submitted in the case or based on additional evidence taken at the direction of the commission. The commission may assume jurisdiction of or transfer to another appeals referee the proceedings on any claim pending before an appeals referee. Any proceeding in which the commission assumes jurisdiction before completion must be heard by the commission in accordance with the requirement of this subsection for proceedings before an appeals referee. When the commission denies an application to hear an appeal of an appeals referee’s decision, the decision of the appeals referee is the decision of the commission for purposes of this paragraph and is subject to judicial review within the same time and manner as decisions of the commission, except that the time for initiating review runs from the date of notice of the commission’s order denying the application to hear an appeal.
(d) Procedure.—The manner that appealed claims are presented must comply with the commission’s rules. Witnesses subpoenaed under this section are allowed fees at the rate established by s. 92.142, and fees of witnesses subpoenaed on behalf of the department or any claimant are deemed part of the expense of administering this chapter.
(e) Judicial review.—Orders of the commission entered under paragraph (c) are subject to review only by notice of appeal in the district court of appeal in the appellate district in which a claimant resides or the job separation arose or in the appellate district where the order was issued. However, if the notice of appeal is filed solely with the commission, the appeal shall be filed in the district court of appeal in the appellate district in which the order was issued. Notwithstanding chapter 120, the commission is a party respondent to every such proceeding. The department may initiate judicial review of orders in the same manner and to the same extent as any other party.
(5) PAYMENT OF BENEFITS.—
(a) The Department of Commerce shall promptly pay benefits in accordance with a determination or redetermination regardless of any appeal or pending appeal. Before payment of benefits to the claimant, however, each employer who is liable for reimbursements in lieu of contributions for payment of the benefits must be notified, at the address on file with the department or its tax collection service provider, of the initial determination of the claim and must be given 10 days to respond.
(b) The department shall promptly pay benefits, regardless of whether a determination is under appeal if the determination allowing benefits is affirmed in any amount by an appeals referee or is affirmed by the commission, or if a decision of an appeals referee allowing benefits is affirmed in any amount by the commission. In these instances, a court may not issue an injunction, supersedeas, stay, or other writ or process suspending payment of benefits. A contributing employer that responded to the notice of claim within the time limit provided in subsection (3) may not, however, be charged with benefits paid under an erroneous determination if the decision is ultimately reversed. Benefits are not paid for any subsequent weeks of unemployment involved in a reversal.
(c) The provisions of paragraph (b) relating to charging an employer liable for contributions do not apply to reimbursing employers.
(6) RECOVERY AND RECOUPMENT.—
(a) Any person who, by reason of her or his fraud, receives benefits under this chapter to which she or he is not entitled is liable for repaying those benefits to the Department of Commerce on behalf of the trust fund or, in the discretion of the department, to have those benefits deducted from future benefits payable to her or him under this chapter. In addition, the department shall impose upon the claimant a penalty equal to 15 percent of the amount overpaid. To enforce this paragraph, the department must find the existence of fraud through a redetermination or decision under this section within 2 years after the fraud was committed. Any recovery or recoupment of benefits must be commenced within 7 years after the redetermination or decision.
(b) Any person who, by reason other than her or his fraud, receives benefits under this chapter to which, under a redetermination or decision pursuant to this section, she or he is not entitled, is liable for repaying those benefits to the department on behalf of the trust fund or, in the discretion of the department, to have those benefits deducted from any future benefits payable to her or him under this chapter. Any recovery or recoupment of benefits must be commenced within 7 years after the redetermination or decision.
(c) Any person who, by reason other than fraud, receives benefits under this chapter to which she or he is not entitled as a result of an employer’s failure to respond to a claim within the timeframe provided in subsection (3) is not liable for repaying those benefits to the department on behalf of the trust fund or to have those benefits deducted from any future benefits payable to her or him under this chapter.
(d) Recoupment from future benefits is not permitted if the benefits are received by any person without fault on the person’s part and recoupment would defeat the purpose of this chapter or would be inequitable and against good conscience.
(e) The department shall collect the repayment of benefits without interest by the deduction of benefits through a redetermination or by a civil action.
(f) Notwithstanding any other provision of this chapter, any person who is determined by this state, a cooperating state agency, the United States Secretary of Labor, or a court to have received any payments under the Trade Act of 1974, as amended, to which the person was not entitled shall have those payments deducted from any regular benefits, as defined in s. 443.1115(1)(e), payable to her or him under this chapter. Each such deduction may not exceed 50 percent of the amount otherwise payable. The payments deducted shall be remitted to the agency that issued the payments under the Trade Act of 1974, as amended, for return to the United States Treasury. Except for overpayments determined by a court, a deduction may not be made under this paragraph until a determination by the state agency or the United States Secretary of Labor is final.
(7) REPRESENTATION IN ADMINISTRATIVE PROCEEDINGS.—In any administrative proceeding conducted under this chapter, an employer or a claimant has the right, at his or her own expense, to be represented by counsel or by an authorized representative. Notwithstanding s. 120.62(2), the authorized representative need not be a qualified representative.
(8) BILINGUAL REQUIREMENTS.—
(a) The Department of Commerce shall provide printed bilingual instructional and educational materials in the appropriate language in those counties in which 5 percent or more of the households in the county are classified as a single-language minority.
(b) The department shall ensure that one-stop career centers and appeals offices located in counties subject to the requirements of paragraph (c) prominently post notices in the appropriate languages and that translators are available in those centers and offices.
(c) As used in this subsection, the term “single-language minority” means households that speak the same non-English language and that do not contain an adult fluent in English. The department shall develop estimates of the percentages of single-language minority households for each county by using data from the United States Bureau of the Census.
History.—s. 7, ch. 18402, 1937; CGL 1940 Supp. 4151(494); s. 7, ch. 20685, 1941; s. 1, ch. 21982, 1943; s. 2, ch. 24083, 1947; s. 10, ch. 26484, 1951; s. 4, ch. 26879, 1951; s. 4, ch. 28242, 1953; ss. 1, 2, 3, 4, ch. 29769, 1955; s. 1, ch. 57-268; s. 3, ch. 61-132; ss. 17, 35, ch. 69-106; s. 1, ch. 70-87; s. 1, ch. 72-154; s. 11, ch. 78-95; s. 4, ch. 78-386; s. 23, ch. 79-7; s. 3, ch. 79-308; s. 184, ch. 79-400; ss. 5, 8, 9, ch. 80-95; s. 4, ch. 80-345; s. 4, ch. 82-91; s. 1, ch. 82-178; s. 12, ch. 83-174; s. 3, ch. 90-89; s. 7, ch. 96-378; s. 200, ch. 96-410; s. 7, ch. 96-411; s. 1065, ch. 97-103; s. 9, ch. 98-149; s. 104, ch. 2000-153; s. 106, ch. 2000-165; s. 39, ch. 2003-36; s. 7, ch. 2005-209; s. 11, ch. 2010-90; s. 372, ch. 2011-142; s. 11, ch. 2011-235; s. 22, ch. 2012-30; ss. 46, 47, ch. 2013-39; s. 22, ch. 2014-218; s. 13, ch. 2021-25; s. 40, ch. 2021-164; s. 193, ch. 2024-6.
Note.—Former s. 443.07.
Notes of Decisions
Cited in 193
cases (6 in the last 5 years), 1982–2024 · leading case: WHS Trucking LLC v. Reemployment Assistance Appeals Comm'n, 183 So. 3d 460 (Fla. 1st DCA 2016).
WHS Trucking LLC v. Reemployment Assistance Appeals Comm'n, 183 So. 3d 460 (Fla. 1st DCA 2016). “Reading section 443.151 as a whole in conjunction with the decisions applying subsection (3)(e) leads us to conclude that the Redeterminations provision was meant to apply to the determination itself or a subsequent proliferation of error arising out of an error in the…”
Sagaert v. State, Dept. of Labor, Etc., 418 So. 2d 1228 (Fla. 3d DCA 1982). “We hold that the Division was authorized to make a redetermination pursuant to Section 443.151(3)(c), Florida Statutes (Supp.”
Assam v. Florida Unemployment Appeals, 871 So. 2d 978 (Fla. 3d DCA 2004). “Fla. Stat. § 443.151 (3) and (4)(2002). Rules promulgated by the Commission allow for appeals from both "determinations" and appeals referee decisions to be filed with the office of the Unemployment Appeals Commission.”
Thurman v. UAC, 881 So. 2d 89 (Fla. 1st DCA 2004). “Section 443.151(4)(b), governing appeals from UAC determinations, does not provide a "good cause" exception that would permit the UAC to accept an untimely filed appeal.”
Unemployment Appeals Com'n v. Comer, 504 So. 2d 760 (Fla. 1987). “ (a) Any person who, by reason of his fraud, has received any sum as benefits under this chapter to which he was not entitled shall be liable to repay such sum to the division for and on behalf of the trust fund or, in the discretion of the division, to have such sum deducted…”
Delgado v. Concentrated Chem. Co., 644 So. 2d 173 (Fla. 3d DCA 1994). “Delgado did not appeal the referee's decision during the statutory twenty-day time limit of section 443.151(4)(b)3, Florida Statutes (1993).”
Lynch v. Unemployment Appeals Com'n, 988 So. 2d 25 (Fla. 2d DCA 2008). “In light of section 443.151(4)(e), Florida Statutes (2007), this court concludes that the First District Court of Appeal is the appropriate appellate court authorized by general law to review this order.”
Verner v. State, Unemployment Appeals Com'n, 474 So. 2d 909 (Fla. 2d DCA 1985). “The UAC may modify or reverse the findings and conclusions of the appeals referee under section 443.151(4)(c), Florida Statutes (1983), only where the referee's findings and conclusions are not based on substantial, competent evidence.”
Guido v. Vincam Human Resources, Inc., 729 So. 2d 968 (Fla. 3d DCA 1999). “- Vincam’s response for account no. 1467507 did not allege any error or new evidence.”
Reeves v. Florida Unemployment Appeals Com'n, 782 So. 2d 525 (Fla. 1st DCA 2001). “Section 443.151(3)(a), Florida Statutes, provides that an employer or claimant must file an appeal of a benefits determination within 20 days after the Division mails such determination.”
Malary v. Brinker Int'l Payroll, 898 So. 2d 1184 (Fla. 3d DCA 2005). “§ 443.151(4)(b), Fla. Stat. (2003); Guerrero, 855 So.”
Gonzalez v. Florida Unemployment Appeals Comm'n, 80 So. 3d 335 (Fla. 3d DCA 2011). “See § 443.151 (6)(b), Fla. Stat. (2010). . As a claimant, Ms.”
— 443.151(2) — 1 case
Tallahassee Junior Academy v. Unemployment Appeals Comm'n, 461 So. 2d 968 (Fla. 1st DCA 1984).
— 443.151(3) — 5 cases
WHS Trucking LLC v. Reemployment Assistance Appeals Comm'n, 183 So. 3d 460 (Fla. 1st DCA 2016). “Reading section 443.151 as a whole in conjunction with the decisions applying subsection (3)(e) leads us to conclude that the Redeterminations provision was meant to apply to the determination itself or a subsequent proliferation of error arising out of an error in the…”
Mejia v. Cottonimages. Com, Inc., 27 So. 3d 688 (Fla. 3d DCA 2009).
Tallahassee Junior Academy v. Unemployment Appeals Comm'n, 461 So. 2d 968 (Fla. 1st DCA 1984).
Guillen v. Reemployment Assistance Appeals Comm'n, 103 So. 3d 207 (Fla. 3d DCA 2012).
Luis v. Florida Unemployment Appeals Comm'n, 77 So. 3d 712 (Fla. 3d DCA 2011).
— 443.151(3)(a) — 33 cases
Guido v. Vincam Human Resources, Inc., 729 So. 2d 968 (Fla. 3d DCA 1999). “- Vincam’s response for account no. 1467507 did not allege any error or new evidence.”
Reeves v. Florida Unemployment Appeals Com'n, 782 So. 2d 525 (Fla. 1st DCA 2001). “Section 443.151(3)(a), Florida Statutes, provides that an employer or claimant must file an appeal of a benefits determination within 20 days after the Division mails such determination.”
Stuart v. Florida Unemp. Appeals Com'n, 961 So. 2d 1020 (Fla. 1st DCA 2007).
Leon v. Unemployment Appeals Com'n, 476 So. 2d 761 (Fla. 3d DCA 1985).
Lawson v. Elizabethtown Gas Co., 913 So. 2d 738 (Fla. 3d DCA 2005).
— 443.151(3)(b) — 4 cases
Ellis v. Unemployment Appeals Comm'n, 73 So. 3d 887 (Fla. 4th DCA 2011).
Arensen v. Florida Unemployment Appeals Comm'n, 48 So. 3d 936 (Fla. 1st DCA 2010).
Guillen v. Reemployment Assistance Appeals Comm'n, 103 So. 3d 207 (Fla. 3d DCA 2012).
Dowden v. Reemployment Assistance Appeals Comm'n, 132 So. 3d 1198 (Fla. 2d DCA 2014).
— 443.151(3)(c) — 17 cases
Sagaert v. State, Dept. of Labor, Etc., 418 So. 2d 1228 (Fla. 3d DCA 1982). “We hold that the Division was authorized to make a redetermination pursuant to Section 443.151(3)(c), Florida Statutes (Supp.”
Reeves v. Florida Unemployment Appeals Com'n, 782 So. 2d 525 (Fla. 1st DCA 2001). “Section 443.151(3)(a), Florida Statutes, provides that an employer or claimant must file an appeal of a benefits determination within 20 days after the Division mails such determination.”
Guido v. Vincam Human Resources, Inc., 729 So. 2d 968 (Fla. 3d DCA 1999). “- Vincam’s response for account no. 1467507 did not allege any error or new evidence.”
Colson v. Florida Unemployment Appeals Comm'n, 76 So. 3d 1042 (Fla. 1st DCA 2011).
Blaser v. Unemployment Appeals Comm'n, 687 So. 2d 337 (Fla. 4th DCA 1997).
— 443.151(3)(d) — 2 cases
Carrigan v. Unemployment Appeals Com'n, 615 So. 2d 216 (Fla. 5th DCA 1993).
Port Carriers, Inc. v. Simmons, 412 So. 2d 910 (Fla. 1st DCA 1982).
— 443.151(3)(e) — 8 cases
WHS Trucking LLC v. Reemployment Assistance Appeals Comm'n, 183 So. 3d 460 (Fla. 1st DCA 2016). “Reading section 443.151 as a whole in conjunction with the decisions applying subsection (3)(e) leads us to conclude that the Redeterminations provision was meant to apply to the determination itself or a subsequent proliferation of error arising out of an error in the…”
Willis v. Florida Unemployment Appeals Comm'n, 890 So. 2d 535 (Fla. 1st DCA 2005).
Brooks v. Unemployment Appeals Comm'n, 760 So. 2d 1108 (Fla. 4th DCA 2000).
Lopez v. A Aaron Super Rooter, Inc., 54 So. 3d 575 (Fla. 3d DCA 2011).
Guillen v. Reemployment Assistance Appeals Comm'n, 103 So. 3d 207 (Fla. 3d DCA 2012).
— 443.151(3)(e)(3) — 1 case
Bertot v. Florida Unemployment Appeals Comm'n, 68 So. 3d 1012 (Fla. 3d DCA 2011).
— 443.151(4) — 10 cases
Anderson v. Unemployment Appeals Com'n, 822 So. 2d 563 (Fla. 5th DCA 2002).
Sagaert v. State, Dept. of Labor, Etc., 418 So. 2d 1228 (Fla. 3d DCA 1982). “We hold that the Division was authorized to make a redetermination pursuant to Section 443.151(3)(c), Florida Statutes (Supp.”
Kelly v. Unemployment Appeals Com'n, 823 So. 2d 275 (Fla. 5th DCA 2002).
Creech v. Orlando Leasing Sys., 765 So. 2d 223 (Fla. 2d DCA 2000).
MacHado v. Florida Unemployment Appeals Comm'n, 48 So. 3d 1004 (Fla. 1st DCA 2010).
— 443.151(4)(3) — 1 case
Presnell v. Unemployment Appeals Comm'n, 1 So. 3d 1113 (Fla. 5th DCA 2009).
— 443.151(4)(8) — 1 case
Presnell v. Unemployment Appeals Comm'n, 1 So. 3d 1113 (Fla. 5th DCA 2009).
— 443.151(4)(a) — 4 cases
Dept. of Gen. Serv. v. English, 509 So. 2d 1198 (Fla. 1st DCA 1987).
Tallahassee Junior Academy v. Unemployment Appeals Comm'n, 461 So. 2d 968 (Fla. 1st DCA 1984).
Williams v. Florida Unemployment Appeals Comm'n, 510 So. 2d 366 (Fla. 3d DCA 1987).
Dowden v. Reemployment Assistance Appeals Comm'n, 132 So. 3d 1198 (Fla. 2d DCA 2014).
— 443.151(4)(b) — 74 cases
WHS Trucking LLC v. Reemployment Assistance Appeals Comm'n, 183 So. 3d 460 (Fla. 1st DCA 2016). “Reading section 443.151 as a whole in conjunction with the decisions applying subsection (3)(e) leads us to conclude that the Redeterminations provision was meant to apply to the determination itself or a subsequent proliferation of error arising out of an error in the…”
Malary v. Brinker Int'l Payroll, 898 So. 2d 1184 (Fla. 3d DCA 2005). “§ 443.151(4)(b), Fla. Stat. (2003); Guerrero, 855 So.”
Delgado v. Concentrated Chem. Co., 644 So. 2d 173 (Fla. 3d DCA 1994). “Delgado did not appeal the referee's decision during the statutory twenty-day time limit of section 443.151(4)(b)3, Florida Statutes (1993).”
Espinosa v. Cableoptics, Inc., 807 So. 2d 195 (Fla. 3d DCA 2002).
Holmes v. City of West Palm Beach, 627 So. 2d 52 (Fla. 4th DCA 1993).
— 443.151(4)(b)(1) — 2 cases
Thurman v. UAC, 881 So. 2d 89 (Fla. 1st DCA 2004). “Section 443.151(4)(b), governing appeals from UAC determinations, does not provide a "good cause" exception that would permit the UAC to accept an untimely filed appeal.”
Accord Human Resources of Fl., III, Inc. v. Unemployment Appeals Com'n, 868 So. 2d 595 (Fla. 5th DCA 2004).
— 443.151(4)(b)(3) — 11 cases
Assam v. Florida Unemployment Appeals, 871 So. 2d 978 (Fla. 3d DCA 2004). “Fla. Stat. § 443.151 (3) and (4)(2002). Rules promulgated by the Commission allow for appeals from both "determinations" and appeals referee decisions to be filed with the office of the Unemployment Appeals Commission.”
Frederick v. Florida Unemployment Appeals, 834 So. 2d 957 (Fla. 3d DCA 2003).
Finney v. Unemployment Appeals Com'n, 587 So. 2d 637 (Fla. 4th DCA 1991).
Oliver v. Unemployment Appeals Com'n, 616 So. 2d 1088 (Fla. 4th DCA 1993).
Pagliaro v. Penske Auto Centers, Inc., 773 So. 2d 1174 (Fla. 2d DCA 2000).
— 443.151(4)(b)(4) — 2 cases
Nelson v. Unemployment Appeals Comm'n, 880 So. 2d 1232 (Fla. 2d DCA 2004).
Gardner v. K Mart Corp., 895 So. 2d 1239 (Fla. 3d DCA 2005).
— 443.151(4)(b)(6) — 2 cases
Soler v. Reemployment Assistance Appeals Comm'n, 143 So. 3d 1152 (Fla. 3d DCA 2014).
Soler v. Reemployment Assistance Appeals Comm'n, 143 So. 3d 1154 (Fla. 3d DCA 2014).
— 443.151(4)(c) — 19 cases
Verner v. State, Unemployment Appeals Com'n, 474 So. 2d 909 (Fla. 2d DCA 1985). “The UAC may modify or reverse the findings and conclusions of the appeals referee under section 443.151(4)(c), Florida Statutes (1983), only where the referee's findings and conclusions are not based on substantial, competent evidence.”
Wyche v. Fla. Unemployment Appeals, 469 So. 2d 184 (Fla. 3d DCA 1985).
Davis v. Fla. Unemployment Appeals, 472 So. 2d 800 (Fla. 3d DCA 1985).
Rochussen v. Unemployment Appeals Com'n, 795 So. 2d 1075 (Fla. 2d DCA 2001).
Microfile, Inc. v. Williams, 425 So. 2d 1218 (Fla. 2d DCA 1983).
— 443.151(4)(d) — 1 case
Augustin v. State Unemployment Appeals Comm'n, 906 So. 2d 1238 (Fla. 4th DCA 2005).
— 443.151(4)(e) — 7 cases
Lynch v. Unemployment Appeals Com'n, 988 So. 2d 25 (Fla. 2d DCA 2008). “In light of section 443.151(4)(e), Florida Statutes (2007), this court concludes that the First District Court of Appeal is the appropriate appellate court authorized by general law to review this order.”
Verner v. State, Unemployment Appeals Com'n, 474 So. 2d 909 (Fla. 2d DCA 1985). “The UAC may modify or reverse the findings and conclusions of the appeals referee under section 443.151(4)(c), Florida Statutes (1983), only where the referee's findings and conclusions are not based on substantial, competent evidence.”
Dumorange v. Florida Unemployment Appeals, 947 So. 2d 472 (Fla. 3d DCA 2006).
Presnell v. Unemployment Appeals Comm'n, 1 So. 3d 1113 (Fla. 5th DCA 2009).
Egner v. Unemployment Appeals Com'n, 633 So. 2d 1157 (Fla. 1st DCA 1994).
— 443.151(6) — 6 cases
Unemployment Appeals Com'n v. Comer, 504 So. 2d 760 (Fla. 1987). “ (a) Any person who, by reason of his fraud, has received any sum as benefits under this chapter to which he was not entitled shall be liable to repay such sum to the division for and on behalf of the trust fund or, in the discretion of the division, to have such sum deducted…”
Gant v. Unemployment Appeals Comm'n, 743 So. 2d 114 (Fla. 2d DCA 1999).
Renelus v. Fla. Unemp. Appeals Comm., 484 So. 2d 629 (Fla. 3d DCA 1986).
Sheppard v. Florida Unemployment Appeals Comm'n, 492 So. 2d 827 (Fla. 2d DCA 1986).
Neville v. Florida Unemployment Appeals Comm'n, 709 So. 2d 631 (Fla. 2d DCA 1998).
— 443.151(6)(b) — 14 cases
Delgado v. Concentrated Chem. Co., 644 So. 2d 173 (Fla. 3d DCA 1994). “Delgado did not appeal the referee's decision during the statutory twenty-day time limit of section 443.151(4)(b)3, Florida Statutes (1993).”
Sagaert v. State, Dept. of Labor, Etc., 418 So. 2d 1228 (Fla. 3d DCA 1982). “We hold that the Division was authorized to make a redetermination pursuant to Section 443.151(3)(c), Florida Statutes (Supp.”
Sheppard v. Florida Unemployment Appeals Comm'n, 492 So. 2d 827 (Fla. 2d DCA 1986).
Gonzalez v. Florida Unemployment Appeals Comm'n, 80 So. 3d 335 (Fla. 3d DCA 2011). “See § 443.151 (6)(b), Fla. Stat. (2010). . As a claimant, Ms.”
Morton v. State, Unemployment Appeals Com'n, 769 So. 2d 1119 (Fla. 2d DCA 2000).
— 443.151(6)(c) — 9 cases
Sagaert v. State, Dept. of Labor, Etc., 418 So. 2d 1228 (Fla. 3d DCA 1982). “We hold that the Division was authorized to make a redetermination pursuant to Section 443.151(3)(c), Florida Statutes (Supp.”
Unemployment Appeals Com'n v. Comer, 504 So. 2d 760 (Fla. 1987). “ (a) Any person who, by reason of his fraud, has received any sum as benefits under this chapter to which he was not entitled shall be liable to repay such sum to the division for and on behalf of the trust fund or, in the discretion of the division, to have such sum deducted…”
Campbell v. Labor & Indus. Relations Comm'n, 907 S.W.2d 246 (Mo. Ct. App. 1995).
Sheppard v. State, Dept. of Labor & Emp. Sec., 442 So. 2d 1114 (Fla. 4th DCA 1983).
Garcia v. Dept. of Labor & Emp. Sec., 426 So. 2d 1171 (Fla. 3d DCA 1983).
— 443.151(7) — 1 case
Guillen v. Reemployment Assistance Appeals Comm'n, 103 So. 3d 207 (Fla. 3d DCA 2012).
— 443.151(8) — 1 case
Garcia v. Unemployment Appeals Com'n, 979 So. 2d 1174 (Fla. 3d DCA 2008).
— 443.151(8)(a) — 2 cases
Guardian Ad Litem Prog. v. O.R., 45 So. 3d 974 (Fla. 3d DCA 2010).
Garcia v. Unemployment Appeals Com'n, 979 So. 2d 1174 (Fla. 3d DCA 2008).
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