Florida Statute 443.012 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXI
LABOR

Chapter 443
REEMPLOYMENT ASSISTANCE

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443.012 Reemployment Assistance Appeals Commission.—

(1) There is created within the Division of Workforce Services of the Department of Commerce a Reemployment Assistance Appeals Commission. The commission is composed of a chair and two other members appointed by the Governor, subject to confirmation by the Senate. Only one appointee may be a representative of employers, as demonstrated by his or her previous vocation, employment, or affiliation; and only one appointee may be a representative of employees, as demonstrated by his or her previous vocation, employment, or affiliation.

(a) The chair shall devote his or her entire time to commission duties and is responsible for the administrative functions of the commission.

(b) The chair has authority to appoint a general counsel and other personnel to carry out the duties and responsibilities of the commission.

(c) The chair must have the qualifications required by law for a judge of the circuit court and may not engage in any other business vocation or employment. Notwithstanding any other law, the chair shall be paid a salary equal to that paid under state law to a judge of the circuit court.

(d) The remaining members shall be paid a stipend of $100 for each day they are engaged in the work of the commission. The chair and other members are entitled to be reimbursed for travel expenses, as provided in s. 112.061.

(e) The total salary and travel expenses of each member of the commission shall be paid from the Employment Security Administration Trust Fund.

(2) The members of the commission shall be appointed to staggered terms of 4 years each. A vacancy for the unexpired term of a member shall be filled in the same manner as the original appointment. The presence of two members constitutes a quorum for any called meeting of the commission.

(3) The commission has all authority, powers, duties, and responsibilities relating to reemployment assistance appeal proceedings under this chapter.

(4) The property, personnel, and appropriations relating to the specified authority, powers, duties, and responsibilities of the commission shall be provided to the commission by the Department of Commerce.

(5) The commission is not subject to control, supervision, or direction by the Department of Commerce in performing its powers or duties under this chapter.

(6) The commission may make expenditures, including expenditures for personal services and rent, for law books, books of reference, periodicals, furniture, equipment, and supplies, and for printing and binding as necessary in exercising its authority and powers and carrying out its duties and responsibilities. All such expenditures of the commission shall be allowed and paid as provided in s. 443.211 upon the presentation of itemized vouchers approved by the chair.

(7) The commission may charge fees for publications, subscriptions, and copies of records and documents. These fees must be deposited in the Employment Security Administration Trust Fund.

(8) The commission shall maintain and keep open during reasonable business hours an office in Tallahassee for the purpose of transacting its business, at which office the commission shall keep its official records and papers. The offices shall be furnished and equipped by the commission. The commission may hold sessions and conduct hearings at any place within the state.

(9) The commission shall prepare and submit a budget covering the necessary administrative cost of the commission.

(10) The commission shall have a seal for authenticating its orders, awards, and proceedings, upon which shall be inscribed the words “State of Florida–Reemployment Assistance Appeals Commission–Seal,” and it shall be judicially noticed.

(11) The commission has authority to adopt rules under ss. 120.536(1) and 120.54 to administer the provisions of law conferring duties upon it.

(12) Orders of the commission relating to reemployment assistance under this chapter are subject to review only by notice of appeal to the district courts of appeal in the manner provided in s. 443.151(4)(e).

History.—s. 11, ch. 99-240; s. 57, ch. 2002-194; s. 14, ch. 2003-36; s. 351, ch. 2011-142; s. 2, ch. 2012-30; s. 172, ch. 2024-6.

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Amendments to 443.012

Annotations, Discussions, Cases:

Cases Citing Statute 443.012

Total Results: 10 | Sort by: Relevance | Newest First

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State Ex Rel. Hathaway v. Smith, 35 So. 2d 650 (Fla. 1948).

Cited 24 times | Published | Supreme Court of Florida | 160 Fla. 485, 1948 Fla. LEXIS 773

authority for its adoption is contained in Section 443.12 (4) Florida Statutes 1941, the pertinent part

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Miami Dolphins, Ltd. v. Florida Dept. of Com., 252 So. 2d 396 (Fla. 3d DCA 1971).

Cited 10 times | Published | Florida 3rd District Court of Appeal | 1971 Fla. App. LEXIS 6017

Code, Ch. 8AU-1, § 1.15(6), and see generally § 443.12(2) Fla. Stat., F.S.A. The appeals referee considered

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Hustead v. Norwood, 529 F. Supp. 323 (S.D. Fla. 1981).

Cited 3 times | Published | District Court, S.D. Florida | 1981 U.S. Dist. LEXIS 16837

Florida Unemployment Compensation Law, F.S.A., § 443.12(7) with the Bureau of Unemployment Compensation

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Florida Dep't of Env't Prot. v. Florida Reemployment Assistance Appeals Comm'n, 123 So. 3d 1154 (Fla. 1st DCA 2012).

Cited 2 times | Published | Florida 1st District Court of Appeal | 2012 WL 6700023, 2012 Fla. App. LEXIS 22115

...1st DCA 1980) (“It is a long standing rule that a judgment or decree wholly in favor of a party may not be appealed by him, for he is not aggrieved thereby.”). DISMISSED. BENTON, C.J., THOMAS, and ROWE, JJ., concur. . See ch.2012-30, § 2, Laws of Fla. (amending section 443.012(1), Florida Statutes, and renaming the commission).

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Reese v. Reemployment Assistance Appeals Comm'n, 103 So. 3d 195 (Fla. 3d DCA 2012).

Cited 1 times | Published | Florida 3rd District Court of Appeal | 2012 Fla. App. LEXIS 16559, 2012 WL 4511642

...The Florida Unemployment Appeals Commission has been renamed and, effective July 1, 2012, is now known as the Florida Reemployment Assistance Appeals Commission. See Ch.2012-30, § 2, Laws of Fla. . Effective July 1, 2011, this agency became known as the Department of Economic Opportunity. See § 443.012, Fla....

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Hammett v. Florida Reemployment Assistance Appeals Comm'n, 97 So. 3d 306 (Fla. 3d DCA 2012).

Published | Florida 3rd District Court of Appeal | 2012 WL 3964990, 2012 Fla. App. LEXIS 15243

...An organization that is operated primarily for religious purposes and that is operated, supervised, controlled, or principally supported by a church or a convention or association of churches. . Effective July 1, 2011,, this agency became known as the Department of Economic Opportunity. See § 443.012, Fla....

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All. Bus. Solutions, Inc. v. Florida Reemployment Assistance Appeals Comm'n, 98 So. 3d 692 (Fla. 1st DCA 2012).

Published | Florida 1st District Court of Appeal | 2012 WL 4512771, 2012 Fla. App. LEXIS 16514

...terminated his employment with Alliance. Accordingly, he remains qualified to receive unemployment benefits. AFFIRMED. VAN NORTWICK and ROBERTS, JJ., concur. Formerly the Unemployment Appeals Commission. See ch. 2012-30, § 2, Laws of Fla. (amending section 443.012(1), Florida Statutes, and renaming the commission).

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Guillen v. Reemployment Assistance Appeals Comm'n, 103 So. 3d 207 (Fla. 3d DCA 2012).

Published | Florida 3rd District Court of Appeal | 2012 Fla. App. LEXIS 20052, 2012 WL 5895081

WELLS, Chief Judge. We affirm the final order entered below by the Unemployment Appeals Commission, now known as the Reemployment Assistance Appeals Commission, see 443.012, Fla....

...substantial evidence in the record confirmed the appeals referee’s finding, adopted by the Commission, that the employee did not quit for “good cause.” Accordingly, the order on appeal is affirmed. LAGOA. J., concurs. . Effective July 1, 2012, section 443.012 provides: (1) There is created within the Division of Workforce Services of the Department of Economic Opportunity a Reemployment Assistance Appeals Commission....

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Drogaris v. Martine's Inc., 118 So. 2d 95 (Fla. Dist. Ct. App. 1960).

Published | District Court of Appeal of Florida

reasonable opportunity for a fair hearing * * *.” Section 443.12(8), Florida Statutes 1957, F.S.A., provides

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Ago (Fla. Att'y Gen. 1974).

Published | Florida Attorney General Reports

Districts. Section440.44(4)(a) — Division of Labor. Section 443.12(3) — Division of Employment Security. Section

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