Florida/Georgia Personal Injury & Workers Compensation

...Upon review, the Unemployment Appeals Commission (UAC) reversed, holding that Ms. Verner voluntarily left her employment without good cause. Thus, the UAC determined that Ms. Verner was disqualified from receiving unemployment compensation benefits under section 443.151(4)(e), Florida Statutes (1983)....

...See Flagler County Sheriff's Department v. Department of Labor and Employment Security, 421 So.2d 1107 (Fla. 5th DCA 1982); David Clark & Associates, Inc. v. Kennedy, 390 So.2d 149 (Fla. 1st DCA 1980). 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....

...Still, we cannot help reflecting that the cases could have been consolidated for a single hearing before a single appeals referee so as to avoid such Alice-in-Wonderland results; beyond that, the Unemployment Appeals Commission itself could have initiated a review of the decision in "M"'s case, but declined to do so. § 443.151(4)(c), Fla....

...Because Anderson was terminated for "misconduct connected with work," the Division of Unemployment *565 Compensation of the Florida Department of Labor and Employment Security (the Division) determined that she was disqualified from receiving unemployment benefits. Anderson availed herself of her right to appeal provided by section 443.151(4), Florida Statutes (2000)....

...The Commission affirmed the appeals referee's dismissal of Leon's untimely appeal from a claims adjudication denying unemployment compensation benefits. We agree that the late filing deprived the referee of jurisdiction to consider the merits of Leon's claim. § 443.151(3)(a), (4)(b), Fla....

...duct and therefore not entitled to benefits. Espinoza's notice of appeal was deemed to be untimely filed where he faxed his notice of appeal to the U.A.C. twenty-one days after the referee's decision was mailed to the parties. We affirm. Pursuant to section 443.151(4)(b)3, Fla....

...As in that case, the Unemployment Appeals Commission (as an administrative agency, rather than a court) had no choice but to dismiss the untimely appeal. The relevant statute and administrative rule provide no exceptions to the requirement to dismiss untimely appeals. See section 443.151(4)(b)3., Florida Statutes (1993); Fla....

...yment benefits. The document setting forth the adjudicator's determination states that the notice was mailed October 1, 2002, and sent to the address appellant provided. Appellant had 20 days thereafter to file his notice of appeal with the UAC. See § 443.151(4)(b)(1), Fla....

...An administrative hearing officer's findings of fact must be accepted by both an administrative agency and by a reviewing court, if "those findings are supported by competent, substantial evidence." Id. See also Lucido v. Unemployment Appeals Comm'n, 862 So.2d 913 (Fla. 4th DCA 2003). 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....

...the proof of claim was sent, notice was reasonably calculated to provide defendant with actual notice of the proceeding; therefore, defendant could not validly assert that service of process was defective or violated its rights). In the case at bar, section 443.151(4)(b)(1) requires the Commission to mail its determination to the claimant at his "last known address." This it did....

...at we should deviate from the general business practice rule in unemployment compensation cases, they do not cite to section 90.406, nor do they set forth a compelling reason for departing from the general rule embodied within the statute. NOTES [1] Section 443.151(4)(b)(1), Florida Statutes (2002)....

...The appeals referee determined Landrum had been discharged from employment for misconduct connected with his work and he was therefore disqualified from receiving benefits. A clerk's certificate reflects the appeals referee's decision was mailed to Landrum on August 11, 1993. Section 443.151(4)(b)3., Florida Statutes (1993), provides that appeals referees' decisions "shall be final unless, within 20 days after the date of mailing of notice thereof to the party's last known address or, in the absence of such mailing, withi...

...eree's conclusion of law that appellee Sandra Williams was guilty of misconduct was an erroneous one. Reaching a different conclusion of law from that of the referee is within the scope of review of the Unemployment Appeals Commission as provided by section 443.151(4)(c), Florida Statutes (1981), and we, therefore, affirm....

...e notice to be timely docketed with the Commission. [1] We believe Ebersol raises two points which require remand for an evidentiary hearing. First, Ebersol claims that he never received written notice of the adverse decision of the appeals referee. Section 443.151(4)(b)3, Florida Statutes, provides that an appeals referee's decision "shall be final unless, within 20 days after the date of mailing of notice thereof to the party's last known address or, in the absence of such mailing, within 20 d...

...m to return the monies to the Unemployment Compensation Fund. Each decision contained standard form language, advising Assam that he had twenty (20) days from the mailing date of the respective decisions to file an appeal of the decision. Fla. Stat. § 443.151(3) and (4)(2002)....

...ay appeal periods would be "cause" to excuse an otherwise untimely filed appeal. We agree with the Commission's position that courts only make exceptions for belated appeals where exigent circumstances justify a review or overturning of the referee. § 443.151(4)(b)(3), Fla....

...A "determination" is the first level decision that a claimant receives to an application for benefits. If a claimant is dissatisfied with the determination, he or she can appeal to an appeals referee appointed by the agency and thence to a three member Unemployment Appeals Commission. Fla. Stat. § 443.151(3) and (4).

...The claimant did not appeal the redetermination. Some two months after this determination of disqualification, the Division issued another notice ordering the claimant to *1230 make reimbursement in the amount of the compensation benefits that she had been overpaid. § 443.151(6)(b), Fla....

...The referee found that he had no jurisdiction to decide the issue of whether the compensation benefits should have been paid or not, since no appeal had been taken from the disqualification determination within the twenty-day period provided for in Section 443.151(4), Florida Statutes (Supp....

...ereof. Upon further appeal to the Unemployment Appeals Commission, the decision of the referee was affirmed as being in accordance with the essential requirements of law. We hold that the Division was authorized to make a redetermination pursuant to Section 443.151(3)(c), Florida Statutes (Supp....

...We also agree with the appeals referee's finding that he had no jurisdiction to delve into the merits of the disqualification order, which had become final after the expiration of the twenty-day period for appealing. However, we find that the referee and the Commission overlooked Section 443.151(6)(c), Florida Statutes (Supp. 1980) when they made their respective rulings. Therefore, this cause must be remanded. § 120.68(9)(b), Fla. Stat. (1981). Section 443.151(6)(c), supra, provides that in the case of a non-fraudulentlyobtained overpayment, "[n]o recoupment from future benefits shall be had if such sum was received by such person without fault on his part and such recoupment would defeat t...

...y recoupment from future benefits. Recoupment and repayment are the statutorily-authorized methods by which the Division corrects overpayment errors where no fraud has been committed by the claimant. We can discern no logical reason for granting the Section 443.151(6)(c), supra, defenses of statutory purpose and equity and good conscience to someone who will still be receiving benefits, while withholding these defenses from someone whose benefits are terminated and who is required to repay sums to the Division. [1] A statute will not be interpreted to achieve an illogical or absurd result. McKibben v. Mallory, 293 So.2d 48 (Fla. 1974); Good Samaritan Hospital Association v. Simon, 370 So.2d 1174 (Fla. 4th DCA 1979). Additionally, Section 443.151(6)(b), supra, gives the Division the discretion to select either recoupment or repayment when it seeks to undo an overpayment error. If the defenses in Section 443.151(6)(c), supra, were meant to apply only to recoupment and not to repayment, then in every case where future benefits were still to be paid, the Division could avoid the application of these defenses merely by exercising its discretion in favor of seeking repayment. To follow such an interpretation would pave the way for administrative abuse, a road we refuse to follow. Getzen v. Sumter County, 89 Fla. 45, 103 So. 104 (1925). Having determined that the Section 443.151(6)(c), supra, defenses are available to claimants ordered to make repayment, we observe from the record that the instant claimant presented the referee with several colorable arguments concerning these defenses....

...It must be held that the claimant, when he failed to report to work after August 27, 1982, voluntarily left his employment and his reason for doing so was not for a good cause which was attributable to the employer. Subsequently, the UAC affirmed the decision of the appeals referee and this appeal ensued pursuant to Section 443.151(4)(c), Florida Statutes....

...Appellant contends that the appeals commission had jurisdiction because he did not receive timely notice of the referee's decision. He argues that an evidentiary hearing should have been conducted to determine the dates of mailing and receipt of the referee's decision. The commission argues that section 443.151(4)(b)(3), Florida Statutes (1989), mandates that it automatically dismiss late-filed appeals....

...ceived a response to his claim for benefits. We therefore reject the UAC's argument that Guerrero has never claimed lack of notice of the referee's hearing and decision. While somewhat in-artfully stated, that is precisely what he argues here. Under section 443.151(4)(b)3 of the Florida Statutes, an aggrieved party has twenty days after mailing or delivery of a referee's decision to initiate an appeal with the UAC....

...In addition, the fact that she intentionally took the medication in such a large quantity (even if it was her own) within a few hours after reporting to work supports the conclusion that she was guilty of misconduct on the job. While the UAC has the authority, pursuant to section 443.151(4)(c), Florida Statutes *882 (1983) to reverse the findings and conclusions of the appeals referee, it can only do so where there is no substantial, competent evidence to support the referee's findings....

...is refusal to work on Saturday did not rise to the level of misconduct which precludes unemployment benefits. [1] While the Unemployment Appeals Commission has the authority to reverse the findings and conclusions of the appeals referee, pursuant to section 443.151(4)(c), Florida Statutes (1991), the Commission may only do so where there is no substantial, competent evidence to support the referee's findings....

...According to appellee, a copy of the decision was mailed to appellant on September 28, 1992. However, it was not until December 18, 1992, or eighty-one days after the decision was allegedly mailed, that appellant filed his appeal from that dismissal. Appellee Commission dismissed the appeal as untimely under section 443.151(4)(b)3, Florida Statutes, and Florida Administrative Code Rule 38E-3.006. We reverse. Appellee contends that the controlling statute and rule compel dismissal of untimely filed appeals without exception; thus, it had no discretion in this matter. Section 443.151(4)(b)3, provides: The parties shall be promptly notified of such referee's decision; and such decisions shall be final unless, within 20 days after the date of mailing of notice thereof to the party's last known address or, in the abs...

...After resubmitting her fax several times, she spoke with a deputy clerk who told her that she had been faxing the information to the wrong fax number. After receiving the claimant's response, the UAC dismissed the appeal as untimely. This appeal followed. Pursuant to section 443.151(4)(b)(3), Florida Statutes (2001), the claimant had twenty days after the mailing of the appeal referee's decision to initiate an appeal with the UAC....

...A "determination" is the first level decision that a claimant receives to an application for benefits. If a claimant is dissatisfied with the determination, he or she can appeal to an appeals referee appointed by the agency and thence to a three member Unemployment Appeals Commission. Fla. Stat. § 443.151(3) and (4)....

...violation of a criminal law in connection with his employment and "the individual ... has entered a plea of no contest." Although the Commission may entertain additional evidence when considering the findings and conclusions of the appeals referee, section 443.151(4)(c), Florida Statutes (1983), its use of a subsequent no contest plea is subject to limitations....

...In my view there was indeed sufficient proof to support a finding of such violation [1] and that the elements of section 443.101(9)(a), Florida Statutes (1983), have been met. I interpret the UAC order to meet the requirements of sections 443.101(1), (9)(a) and 443.151(4)(c), Florida Statutes (1983)....

...The pleadings indicate the verbal disagreement became physical. The claimant testified at the hearing before the appeals referee that she pushed her supervisor and, later, during the fight she "grabbed her by her shoulder and ... was shaking her." [2] Section 443.151(4)(c), Florida Statutes (1983), reads, in relevant part: Upon review on its own motion or upon appeal, the commission may on the basis of the evidence previously submitted in such case, or upon the basis of such additional evidence as...

...is employer. In January 1986, the claims examiner appointed by the Division of Unemployment Compensation notified English that benefits were not payable because "discharge was for misconduct connected with work" within the above statute. Pursuant to Section 443.151(4)(a), Florida Statutes (1985), English's appeal of this decision was heard by an appeals referee....

...The Commission subsequently affirmed the appeals referee's decision. This appeal followed. Stuart argues that the Employer's appeal was untimely because it was filed more than twenty days after the mailing of the Agency's determination to the parties. Section 443.151(3)(a), Florida Statutes (2006), provides, "[t]he 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 notic...

...peals referee. The appeals referee's decision dismissed as untimely the claimant's appeal from a decision of the unemployment compensation claims adjudicator requiring the claimant to repay $793 in overpayments of unemployment compensation benefits. Section 443.151(4)(b)3., Florida Statutes (1993), provides that the appeals referee's decisions "shall be final unless, within 20 days after the date of mailing of notice thereof to the party's last known address or, in the absence of such mailing, w...

...Therefore, the UAC properly affirmed the appeals referee's decision, and we affirm the UAC's decision. Morton also asks this court to waive the requirement that she repay the benefits she received to the Department of Unemployment Compensation because she is suffering from severe medical and financial hardships. Section 443.151(6)(b), Florida Statutes (1997), specifically allows for recoupment of any unemployment benefits paid when it is later determined that the claimant was not entitled to benefits....

...Rafael Delgado was initially found eligible for unemployment benefits. His former employer, Concentrated Chemical Company, thereafter appealed that determination and prevailed at a hearing before an appeals referee. 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). Some months later, the claimant received a notification, in accordance with section 443.151(6)(b), Florida Statutes (1993), that he would be required to repay the benefits he had been overpaid prior to the disqualification determination....

...d several months earlier. The appeal of the disqualification issue was dismissed by the UAC as untimely. In a separate order, the UAC affirmed the order requiring repayment. *174 Delgado appeals these two determinations. We affirm. It is clear under section 443.151(4)(b)3 that if Delgado wanted to appeal the disqualification decision he had twenty days to do so. [1] Furthermore, the notification of denial of benefits mailed to him clearly so instructed. Nonetheless, he failed to act at that time. It is also clear that under section 443.151(6)(b), that once a claimant is overpaid, he is obligated to return the overpayment....

...ation as untimely, was correct. Further, having been determined ineligible to receive the benefits at issue, the claimant was obligated to repay the amounts which had been paid out to him. Accordingly, the orders under review are affirmed. NOTES [1] Section 443.151(4)(b)3., Florida Statutes provides: The parties shall be promptly notified of such referee's decision; and such decisions shall be final unless, within 20 days after the date of mailing of notice thereof to the party's last known address or, in the absence of such mailing, within 20 days after the delivery of such notice, further review is initiated pursuant to paragraph (c). [2] Section 443.151(6)(b), Florida Statutes, provides: If any person, other than by reason of his fraud, has received any sum as benefits under this chapter to which, under a redetermination or decision pursuant to this section, he has been found not ent...

...e appeals referree. Having reviewed the record before us, it is clear that the claimant was notified by mail of the adverse determination on March 25, 1999. Claimant filed his appeal on April 19, 1999, twenty-five days later. The relevant statute is section 443.151(4)(b)3, Florida Statutes (1999), which reads as follows as concerns decisions of appeals referees: The parties shall be promptly notified of such referee's decision; and such decisions shall be final unless, within 20 days after the d...

...of misconduct connected with work. The referee's decision was mailed to Creech on August 18, 1998. Creech was notified that the decision would become final within 20 days after the date it was mailed unless he filed an appeal during that period. See § 443.151(4), Fla....

...me due to “episodic flare- ups.” Bagarotti sought to submit this report to the Commission, though she had not submitted it to the referee. In the alternative, she sought another hearing. In its final order, the Commission declined both requests. § 443.151(4)(c), Fla....

...the claimant shall be permitted to present arguments and evidence to the effect that recoupment or repayment of an overpayment of benefits would defeat the purpose of the Unemployment Compensation Law or would be against equity and good conscience. § 443.151(6)(c), Fla....

...Blessing, Unemployment Appeals Commission, Tallahassee, for appellee Unemployment Appeals Commission. OTT, Acting Chief Judge. Appellant's appeal to the Unemployment Appeals Commission was dismissed on the ground that it was untimely filed. We reverse. The procedure for filing an appeal is found in section 443.151(4)(b)3, Florida Statutes (1980), which provides: The parties shall be promptly notified of such referee's decision, and such decisions shall be final unless, within 20 days after the date of mailing of notice thereof to the party's last-known address or, in the absence of such mailing, within 20 days after the delivery of such notice, further review is initiated pursuant to paragraph (c). Section 443.151(4)(c) gives the commission the power to allow an appeal by any party....

...5th DCA 1985); Verner v. State Unemployment Appeals Commission, 474 So.2d 909 (Fla. 2d DCA 1985); Forkey & Kirsch, P.A. v. Unemployment Appeals Commission, 407 So.2d 319 (Fla. 4th DCA 1981); David Clark & Associates, Inc. v. Kennedy, 390 So.2d 149 (Fla. 1st DCA 1980); § 443.151(4)(c), Fla....

...A claims adjudicator subsequently made a determination, charging her with an overpayment in that amount. It was the latter determination which the appeals referee and commission affirmed in due course, prompting the present appeal. The applicable statutory section is 443.151(6), Florida Statutes (1981) which provides: (6) RECOVERY AND RECOUPMENT....

...trict Court of Appeal in Sagaert v. State of Florida, Department of Labor and Employment Security Unemployment Appeals Commission, 418 So.2d 1228 (Fla. 3d DCA 1982). The court in Sagaert interpreted (b) to include defenses contained in (c), holding: Section 443.151(6)(c), supra, provides that in the case of a non-fraudulently-obtained overpayment, "[n]o recoupment from future benefits shall be had if such sum was received by such person without fault on his part and such recoupment would defeat...

...y recoupment from future benefits. Recoupment and repayment are the statutorily-authorized methods by which the Division corrects overpayment errors where no fraud has been committed by the claimant. We can discern no logical reason for granting the Section 443.151(6)(c), supra, defenses of statutory purpose and equity and good conscience to someone who will still be receiving benefits, while withholding these defenses from someone whose benefits are terminated and who is required to repay sums to the Division....

...See Guerrero v. Fla. Unemployment Appeals Comm'n, 855 So.2d 266, 268-69 (Fla. 3d DCA 2003). The Commission, therefore, properly dismissed his appeal as it was not filed within twenty days *1185 of the date that the referee's decision was mailed to him. § 443.151(4)(b), Fla. Stat. (2003); Guerrero, 855 So.2d at 268 ("Under section 443.151(4)(b)3 of the Florida Statutes, an aggrieved party has twenty days after mailing or delivery of a referee's decision to initiate an appeal with the UAC....

...Florida Unemployment Appeals Commission, 484 So.2d 629 (Fla.3d DCA 1986). In each case, the Commission sought repayment *761 of unemployment compensation benefits to which the claimants, Comer and Renelus, were not entitled. Both claimants asserted that recovery of overpayments should be waived under section 443.151(6)(c), Florida Statutes (1983)....

...V, § 3(b(4), Fla. Const. For the reasons expressed, we quash the decisions of the Third District Court of Appeal in Comer and Renelus and approve the Fourth District Court's decision in Sheppard. The sole issue in this case is the interpretation of section 443.151(6)(c), specifically whether it provides claimants a defense in the Commission's repayment efforts. Section 443.151(6), Florida Statutes (1983), addressing recovery and recoupment of overpayments, reads in part: Recovery and Recoupment....

...by civil action in the name of the division. (Emphasis added.) Under the statute, the Division of Unemployment Compensation, at its discretion, may recover overpayments by (1) demanding direct repayment or (2) recouping monies from future benefits. Section 443.151(6)(c) sets forth a defense to recoupment from future benefits when the claimant can establish the overpayments were received without claimant's fault and recoupment would defeat the purpose of the act or be against equity and good conscience....

...The Commission argues that the legislature intended these defenses to apply only to recoupment proceedings — not repayment proceedings. The Third District Court of Appeal disagreed and reaffirmed its holding in Sagaert v. State, Department of Labor, 418 So.2d 1228 (Fla.3d DCA 1982), which held that section 443.151(6)(c) "must be read to apply to recovery by repayment as well as by recoupment from future benefits." Id....

...Simmons as untimely filed. The Commission dismissed Simmons' appeal after according her an opportunity to show cause why her appeal was filed thirty-five days late. On the record before us, we find no error in the determination that the appeal was untimely and affirm. See § 443.151(4)(b)5, Fla....

...(providing "[a]n application for review which is not filed within the time allowed by law shall be dismissed by the Commission for lack of jurisdiction"); Espinosa v. Cableoptics, 807 So.2d 195, 196 (Fla. 3d DCA 2002) (confirming that the time limits imposed under section 443.151(4) do not provide for good cause exceptions to the time accorded to file an appeal); Linderman v....

...Lawrence Molina appeals the Florida Unemployment Appeals Commission’s (“UAC”) dismissal of his late-filed appeal of the referee’s decision. We affirm the dismissal. A referee’s decision is final unless a review is initiated within twenty days after the date of mailing of the notice of the referee’s decision. § 443.151(4)(b)5, Fla....

...rom two adjudications denying her unemployment benefits. Lawson does not dispute that her notices of appeal were untimely. We must, therefore, accept the referee's findings of untimeliness and affirm the Unemployment Appeals Commission's orders. See § 443.151(3)(a), Fla....

...el the UAC to accept an untimely appeal. See Assam v. Fla. Unemployment Appeals Comm’n, 871 So.2d 978, 980 (Fla. 3d DCA 2004)(per curiam). As the UAC points out, the statute governing appeals to the UAC does not contain a good cause exception. See § 443.151(4)(e), Fla....

...m to consider this petition. The appeals referee rendered his decision in St. Petersburg, located within the territorial jurisdiction of the Florida District Court of Appeal, Second District. See §§ 26.021(6) and 35.03, Fla. Stat. (1993). Further, section 443.151(4)(e) provides that final orders of the Unemployment Appeals Commission "shall be subject to review only by notice of appeal in the district court of appeal in the appellate district in which the issues involved were decided by an appeals referee......

...s untimely Mr. Lopez's appeal of the referee's decision denying him benefits. We affirm. The Commission correctly dismissed the appeal as Mr. Lopez did not file his appeal within twenty days of the date that the referee's decision was mailed to him. § 443.151(4)(b)3, Fla....

...ORDER TRANSFERRING CASE TO THE DISTRICT COURT OF APPEAL OF FLORIDA, FIRST DISTRICT ALTENBERND, Judge. Laura Lynch appeals an order of the Unemployment Appeals Commission (UAC) that affirmed the appeals referee's decision to deny her application for unemployment benefits. 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....

...With some reluctance, this court has concluded that the legislature has not authorized it to handle this appeal. Technically, we may have jurisdiction over such an appeal, but the First District is the court that, by statute, is the proper forum to decide this case. [3] Section 443.151(4)(e) states: 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 the issues involved were decided by an appeals referee....

...(Emphasis added.) The issues involved in this case were decided by an appeals referee in Tallahassee. A plain reading of this statute requires the review to occur "only" in the First District. The Third District in Mendelman v. Dade County Public Schools, 674 So.2d *27 195 (Fla. 3d DCA 1996), interpreted section 443.151(4)(e) to allow any district court with territorial jurisdiction over a location from which a party participated in the hearing conducted by the appeals referee to review a resulting order of the UAC....

...On the other hand, without any ambiguity in the statute, we are constrained to obey the plain language of the statute. See Fischesser v. United States Post Office, 119 So.2d 787, 788 (Fla. 1960) (stating legislature showed its clear intent in section 443.07(4)(e), Florida Statutes (1959), which was the precursor to section 443.151(4)(e), that review of unemployment compensation orders is in "the Court of Appeal of the appellate district in which the issues were decided by the appeals referee")....

...for judicial review either in "the district court of appeal in the appellate district where the agency maintains it headquarters or where a party resides." § 120.68(2) Fla. Stat. (1995). Mendelman, 674 So.2d at 196. The problem, of course, is that section 443.151(4)(e) does not contain the language of section 120.68(2). We are not convinced that anything in section 443.151(4)(e) incorporates that language....

...The phrase "or as otherwise provided by law" was added to the statute by a bill that passed in the legislature in 1996, only a few days before the issuance of the Mendelman opinion. See ch. 96-159, § 35, Laws of Fla. (effective Oct. 1, 1996). Thus, section 443.151(4)(e) would appear to be a more specific statute otherwise providing that these appeals must be filed only where the appeals referee made the decision....

...l jurisdiction). We certify that our decision today is in express and direct conflict with the holding in Mendelman. [4] III. While transferring this case, we note that this result may not be what the legislature *28 expected when it passed sections 443.151(4)(e) and 120.68(2)(a)....

...Our state constitution also promotes a spirited debate of legal issues, in part, by requiring conflicting decisions on a subject from the district courts before the supreme court can grant review of certain issues. At least within the territory of the Second District, these policies are no longer supported by the language in section 443.151(4)(e)....

...t equity and good conscience. Garcia v. Department of Labor & Employment Security, 426 So.2d 1171 (Fla. 3d DCA 1983); Sagaert v. State, Department of Labor & Employment Security Unemployment Appeals Commission, 418 So.2d 1228 (Fla. 3d DCA 1982); see § 443.151(6)(b)-(d), Fla....

...We must determine whether the Commission improperly substituted its own findings for those of the Referee. We conclude that it did. After a claim for unemployment benefits is initially determined by the Division, the claimant may appeal an adverse ruling in accordance with the procedure established in section 443.151(4), Florida Statutes (2001)....

...the evidence and testimony presented, determine whether the claim should be granted or denied. The decision of the referee may be reviewed by the Commission and it "may affirm, modify, or reverse the findings and conclusions of the appeals referee." § 443.151(4)(c), Fla....

...hearing on the issue of the denial of unemployment benefits because her notice of appeal was untimely. We are compelled to affirm because Fryer's notice of appeal was untimely, and she did not state any reason for filing the notice late. Pursuant to section 443.151(3)(a), Florida Statutes (1993), and Florida Administrative Code Rule 38E-5.007, the appeals referee was required to dismiss Fryer's appeal....

...n benefits, based upon the untimely filing of an appeal from the initial determination. The issue presented in this case is whether an untimely appeal from an initial determination is rendered timely by the issuance of a redetermination, pursuant to section 443.151(3)(e)(3), Florida Statutes....

...The referee concluded that Bertot's appeal was not filed within twenty days of the Initial Determination's *1014 mailing, and accordingly, dismissed the appeal for lack of jurisdiction. The UAC affirmed this decision, and this appeal followed. Bertot argues that a plain reading of section 443.151(3)(e)(3), Florida Statutes (2010), renders his appeal timely....

...nation" and, thus, a timely appeal. UAC argues that an untimely appeal from the Initial Determination cannot be transformed into a timely appeal by the issuance of a Redetermination. It argues the only logical interpretation of the term "pending" in section 443.151(3)(e)(3) is a timely pending appeal. Because the failure to timely file the appeal is jurisdictional in nature, we agree that the statute can only properly be construed as requiring the pending appeal to be timely filed. [2] Section 443.151(3)(c), Fla....

...Unemployment Appeals Comm'n, 476 So.2d 761 (Fla. 3d DCA 1985). [3] Bertot concedes that his appeal from the Initial Determination was untimely. This alone deprived the appeals referee of jurisdiction to consider the merits of Bertot's claim. Pursuant to section 443.151(3)(c), Florida Statutes, the Initial Determination was final....

...00-03708 VS. Referee Decision No. 00-17913U Employer/Appellee OPINION RESEARCH CORP Employer No.-None UCCO-3643-0 ORDER OF UNEMPLOYMENT APPEALS COMMISSION NO. 00-03708 This cause comes before the Commission for disposition of the claimant's appeal pursuant to Section 443.151(4)(c), Florida Statutes, of a referee's decision holding the claimant disqualified from receipt of benefits....

...good cause attributable to the employing unit and she is subject to the total disqualification penalty imposed by the Legislature. The claimant is disqualified from the week ending March 11, 2000, and until she earns $4,675. Upon review pursuant to Section 443.151(4)(c), Florida Statutes, it is found that the decision of the appeals referee is in accord with the essential requirements of law and is, therefore, affirmed....

...On appeal, Mr. Hood argues that the Commission’s final order must be set aside based upon fairness and due process, because the untimeliness of his administrative appeal was excused by his telephone conversations with the Commission’s adjuster. Section 443.151(3)(c), Florida Statutes, provides for the 20-day deadline to appeal, and the Legislature did not provide for any “good cause” to excuse late filing in subsection (3)(c)....

...See Espinosa v. Cableoptics, Inc., 807 So.2d 195 (Fla. 3d DCA 2002) (and cases cited therein). Rule 60BB-5.007, Florida Administrative Code, upon which the Appeals Referee relied, requires dismissal of late-filed appeals with no exceptions. However, in 2005, section 443.151(4)(b)3....

...2005-209, § 7, Laws of Fla. (emphasis added). Because the subsection provides that the Office of Appeals “may” issue an order to show cause, such order is not statutorily required before an untimely appeal can be dismissed. This “good cause” amendment to section 443.151(4)(b)3....

...Before GERSTEN, C.J., and COPE and SALTER, JJ. PER CURIAM. David Ambrister, pro se, appeals a final order of the Unemployment Appeals Commission dismissing his appeal as untimely. No due process issues have been presented to us, and we therefore affirm. § 443.151(4)(b)4, Fla....

...Markham appeals the Florida Unemployment Appeals Commission's final order affirming the decision of the Unemployment Compensation Appeals Referee dismissing Markham's appeal as untimely filed. We affirm, as the claimant *959 did not appeal the decision until after the 20-day statutory time limit had expired. See § 443.151(3)(a), Fla....

...Those efforts deserve to be given further voice. "Filing" an Administrative Appeal The procedural trapdoor that catches many unemployed claimants is the twenty-day *960 period for "filing" an appeal from an Agency determination or redetermination denying benefits, found in subsections 443.151(3) and (4), Florida Statutes (2008), and Florida Administrative Code Rules 60BB-5.005 and -5.006....

...ence in the record and whether the proceedings on which the findings were based complied with the essential requirements of the law. Szniatkiewicz v. Unemployment Appeals Comm'n, 864 So.2d 498, 501-02 (Fla. 4th DCA 2004) (internal citation omitted). Section 443.151(3)(b), Florida Statutes, provides that monetary determinations on unemployment compensation claims are: [F]inal 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. § 443.151(3)(b), Fla....

...He further said: "Delays in receiving my mail left me unaware of the [June 15] hearing." The remainder of his letter gives his version of the events of March 10, 1992, and his defense to the charge of negligence. Because his appeal was not filed within 20 days as required by section 443.151(4)(b)3, Florida Statutes (1991), and Rule 38E-3.006, Florida Administrative Code, requires dismissal if an application for review is not timely filed, the UAC dismissed Koppelman's appeal....

...The Commission affirmed an appeals referee's dismissal of de la Torre's untimely appeal from the adjudication denying her unemployment benefits. Because de la Torre does not dispute that her notice of appeal was untimely, we must accept the referee's finding of untimeliness and affirm the Commission's order. See § 443.151(3)(a), Fla....

...The Commission affirmed the appeals referee's dismissal of Exposito's untimely appeal from a claims adjudication denying unemployment compensation benefits. We agree that the late filing deprived the referee of jurisdiction to consider the merits of Exposito's claim. § 443.151(3)(a), Fla....

...Finally, the employers contend that they were denied due process because neither the attorney for one of the employers (Accord) nor the other employer (FEA) received notice of Koenigsberg's request for review by the UAC. We find this argument to be without merit because the UAC sent notice to Accord. Additionally, while section 443.151(4)(b)(1)-(3), Florida Statutes, requires appeals referees to provide notices of hearings, there is no similar requirement for the UAC. See § 443.151(4)(c), Fla....

...[1] This document contains the following notation: "Mailing Date: February 11, 1992." On March 9, 1992, Carrigan filed an appeal of the denial. On the notice of appeal, Carrigan penned: "We just received this determination on March 4, 1992." Sections 443.151(3)(d) and 443.151(3)(a), Florida Statutes (1991) provide that the Division must promptly notify persons of a redetermination denying them benefits, and that persons have 20 days in which to file an appeal....

...Teater; Colonnades. REVERSED AND REMANDED. COBB and HARRIS, JJ., concur. NOTES [1] Carrigan makes other, serious allegations about the processing of his claim and against Larson which have not been heard due to the untimely finding of the appeal. [2] Section 443.151(3)(d) provides: (a) Notice of determination or redetermination pursuant to s....

...reof, such notice to be given in the manner provided in this subsection, provided that the division shall by rule prescribe the manner and procedure pursuant to which employers within the base period of a claimant may become entitled to such notice. Section 443.151(3)(a) provides, in part: The claimant, ......

...District Court of Appeal of Florida, Third District. March 4, 1986. John R. Greenwood, for appellant. John D. Maher, Tallahassee, for appellee. Before BARKDULL, NESBITT and DANIEL S. PEARSON, JJ. PER CURIAM. The ruling of the Unemployment Appeals Commission, affirming a finding that section 443.151(6) of the Florida Statutes (1983) does not provide for waiver of recovery of unemployment compensation, is reversed on the authority of Comer v....

...District Court of Appeal of Florida, Third District. March 19, 2008. Willy Aragon, in proper person. John D. Maher, Tallahassee, for appellee Florida Unemployment Appeals Commission. Before GERSTEN, C.J., and SUAREZ and ROTHENBERG, JJ. *336 PER CURIAM. Affirmed. See § 443.151(3)(a), Fla....

...hich then took action, eventually resulting in appellant being informed that he owed $3,500 as a result of overpayment. Appellant admits he was overpaid, but argues that it is unfair under the circumstances to require him to make repayment. Although section 443.151(6)(c), Florida Statutes *470 (1995) provides that "recoupment" from future unemployment benefits can be denied if it would be "against equity and good conscience," there is no similar exception if "repayment" is ordered under section 443.151(6)(b)....

...The record indicates that the appellant faxed a request for a redetermination to the local appeals office, but that the fax was sent and received more than twenty days after the referee's dismissal order was mailed to the appellant. The request was thus an untimely filing under section 443.151(4)(b)3, Florida Statutes, and the Commission noted that the appeal was outside the statutory time limit....

...e appellant's testimony regarding the problems with her fax machine and the absence of any evidence to show that a timely fax request was ever received for filing in the appeals office. Because the appellant failed to establish a timely filing under section 443.151(4)(b)3, the case below was properly dismissed and the appealed order is therefore affirmed....

...State, Unemployment Appeals Comm'n, 648 So.2d 284 (Fla. 4th DCA 1995) ("good cause" frequently involves mixed question of law and fact). The Commission cannot overturn a referee's finding of fact if that finding is supported by competent, substantial evidence. Verner, 474 So.2d 909; § 443.151(4)(c), Fla....

...While we may address an unpreserved error that is fundamental, no error occurred in this case, fundamental or otherwise. As argued by the Commission, the legislature delegated to the Commission the rule-making authority governing hearings before appeals referees. See § 443.151(4)(d), Fla....

...SHEPHERD, J. Martin Valera appeals a final order of the Florida Unemployment Appeals Commission, upholding the dismissal of his appeal from a referee's determination, on the ground it was not filed within twenty days from the mailing of the determination. See § 443.151(3)(a), Fla....

...He ultimately filed his notice of appeal with the Second District Court of Appeal, which sua sponte mailed it to our clerk with a short note explaining that, after review, that court had determined that the notice should have been filed with our court. Section 443.151(4)(3), Florida Statutes, provides that UAC orders are to be reviewed by the "district court of appeal in the appellate district in which the issues involved were decided by an appeals referee." More than a decade ago, the Third Distri...

...Accordingly, we affirm, and certify conflict with Lynch and Egner. AFFIRMED; CONFLICT CERTIFIED. PALMER, C.J., concurs. GRIFFIN, J., concurs with opinion. GRIFFIN, J., concurring specially. All of the Florida appellate courts that have considered the meaning of section 443.151(4)(e), Florida Statutes, seem to agree that the logical and most appropriate appellate district to review an order of the commission is the one having the most direct connection with the employment relationship....

...om standing on the claimed lack of jurisdiction, because appellee's procedures were defective, and some of its agents — the personnel at the claims office — were themselves misled and they in turn misled appellant. Appellee basically tells us that section 443.151(4)(b)3, Florida Statutes, allows only twenty days after notice has been mailed of a referee's decision, or if it was not mailed, twenty days after delivery of such notice, for application for further review of such decision by the Commission....

...Ricardo Machado appeals an order ruling his appeal from an appeals referee to the Unemployment Appeals Commission (UAC) untimely, and dismissing the administrative appeal for lack of jurisdiction on that basis, so letting stand the denial of his claim for benefits. We reverse and remand for an evidentiary hearing. Section 443.151(4)(b)5., Florida Statutes (2010), provides that an appeals referee's decision is final unless further review is initiated within twenty days after the Agency for Workforce Innovation mails notice of the decision....

...Nothing in the written advice he was given concerning administrative appeal rights—or in Florida Administrative Code Rule 60BB-6.003 itself—alerts a claimant that failure to secure a USPS postmark will mean that appeal papers sent by mail will be deemed filed when received, not when mailed. While section 443.151(4) contains no "good cause exception," we have applied an exception "based on due process and fairness concerns, where the delay in filing the notice of appeal `was occasioned by the actions of the Commission.'" Pollett v....

...s deprived of his right to appear at the referee's hearing and deprived of notice of the referee's decision. He asserts that the untimeliness of his appeal to the UAC must be excused due to his incarceration. The Commission correctly points out that section 443.151(3)(c), Florida Statutes, clearly provides for the 20-day deadline to appeal, and the Legislature did not provide for any "good cause" to excuse late filing in subsection (3)(c)....

...See Espinosa v. Cableoptics, Inc., 807 So.2d 195 (Fla. 3d DCA 2002) (and cases cited therein). Rule 60BB-5.007, Florida Administrative Code, upon which the Appeals Referee relied, requires dismissal of late-filed appeals with no exceptions. However, in 2005, section 443.151(4)(b)3., Florida Statutes was created to allow the Office of Appeals to order a claimant to show cause why a late-filed appeal should not be dismissed and to give the claimant an opportunity to provide written evidence of timely filing or " good cause for failure to appeal timely. " Ch.2005-209, § 7, Laws of Fla. (emphasis added). This "good cause" amendment to section 443.151(4)(b)3....

...Appellant has shown no deviation from procedure by the Commission in this case. He received the procedural process he was due. There is no statutory requirement that the Commission conduct a diligent search for a claimant's current address. Both sections 443.151(3)(b) and 443.151(3)(c), Florida Statutes, provide that determinations by an appeals referee become final "20 days after the mailing of the notices to the parties' last known addresses." Rule 60BB-6.003(1), Florida Rules of Administrative Procedure, contains t...

...But he argues that he *1233 would have appealed if the referee’s order had clearly indicated that he would be required to repay the benefits he had already received. He further argues that he was prejudiced by the timing of the overpayment statement, coming as it did after the appeals period had run. Section 443.151(4)(b)(4), Florida Statutes (2003), requires the filing of an appeal to the UAC within twenty days....

...Sun timely filed both a request for reconsideration and an appeal of the Division's determination of eligibility. After searching the statute and rules for a contrary indication, it appears this was adequate to entitle Sun to a proper determination at that time, either by the Division or the appeals referee. Section 443.151, Fla....

PER CURIAM. Affirmed. See Espinosa v. Cableoptics, 807 So.2d 195 (Fla. 3d DCA 2002); Fla. Stat. § 443.151 (4)(b)(5) (2009).

...ault of the appellant. Rule 38E — 5.007, Florida Administrative Code, in pertinent part provides the following: "If the referee finds that the appeal was not filed within the time allowed by law, it shall be dismissed." (Emphasis added.) Similarly, section 443.151(3)(a), Florida Statutes (1991), provides in pertinent part regarding the determination of unemployment compensation claims: such [initial] determination shall be final unless within 20 days after the mailing of such notices to the par...

...Finney asserted that he did not receive notice of the reversal until almost a month after it occurred. On appeal from that dismissal to this court, Finney argued that an evidentiary hearing should have been conducted to determine the dates of mailing and receipt of the referee's decision. The commission argued that section 443.151(4)(b)(3) mandated an automatic dismissal of all untimely-filed appeals....

...District Court of Appeal of Florida, Third District. April 21, 2010. David Green, in proper person. *146 M. Elaine Howard, Senior Attorney, Tallahassee, for appellee, Florida Unemployment Appeals Commission. Before COPE and GERSTEN, JJ., and SCHWARTZ, Senior Judge. PER CURIAM. Affirmed. See § 443.151(3)(a), Fla....

...Appellant appealed the redetermination, arguing that DBPR's appeal to the Division was untimely and that the Division's redetermination was unauthorized under applicable law. The appeals referee upheld the Division's redetermination, and the Commission affirmed. 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....

...Code R. 38E-5.003(1), .005. Clearly, DBPR's letter to the Division was untimely as an appeal of the determination that appellant was entitled to benefits. The question before us then is whether the Division's August 1999 redetermination was authorized by section 443.151(3)(c)1., Florida Statutes, which provides that within specified time limits, the Division "may reconsider a determination whenever it finds that an error has occurred in connection therewith or whenever new evidence or information per...

...Unemployment Appeals Comm'n, 687 So.2d 337 (Fla. 4th DCA 1997). We reject DBPR's contention that its July 1999 letter questioning appellant's eligibility for unemployment compensation because he worked in a Senior Management position constituted "new information" to the Division under section 443.151(3)(c)1....

PER CURIAM. Section 443.151(4), Florida Statutes (2010), allows only adversely affected parties to appeal an order of the Commission to the District Court of Appeal....

PER CURIAM. Affirmed. § 443.151(3)(a), Fla.Stat. (1993); Fla.Admin.Code Ann. r. 38E-5.007 (1993).

...3d DCA 1985), review pending, no. 68,145 (Fla. filed Jan. 9, 1986); Garcia v. Department of Labor & Employment Security, 426 So.2d 1171 (Fla. 3d DCA 1983); and Sagaert v. State, Department of Labor & Employment Security, 418 So.2d 1228 (Fla. 3d DCA 1982). See § 443.151(6)(c), Fla.Stat....

...��s mailing address was correctly printed on the notice, and dismissed the appeal due to a lack of jurisdiction. Appellant unsuccessfully appealed the referee’s decision to the UAC. *851 Here, the UAC urges that the referee was legally bound under section 443.151(3)(a), Florida Statutes (2000) to dismiss appellant’s appeal because she filed it more than 20 days after the decision was mailed to the parties. The UAC notes that section 443.151(3)(a), Florida Statutes, and Florida Administrative Code Rule 60BB-5.007 do not permit any “good cause” exceptions to the dismissal rule....

...s appeal of the denial of unemployment benefits as untimely where the record unequivocally demonstrates that the appellant failed to take an appeal within 20 days after the mailing and/or delivery of the notice of denial of benefits as prescribed by section 443.151(3)(a), Florida Statutes (2001) and Florida Administrative Code Rule 38E-5.007....

unemployment benefits. We review the case pursuant to section 443.151(4)(e), Florida Statutes (1985), and set aside

not the common understanding of the term. Section 443.151(3)(c)1, Florida Statutes (1991) provides for

PER CURIAM. Affirmed. See Section 443.151(4)(b)3, Florida Statutes (1981), and Florida State University v....

without jurisdiction to consider the appeal. See § 443.151(3)(a), Fla. Stat. (2006). This Court is similarly

her hearing before the appeals referee. . See § 443.151(6), Fla. Stat. (1997).

PER CURIAM. Affirmed. § 443.151(4)(b)3, Fla.Stat....

the twenty-day deadline provided by law. See § 443.151(4)(b)3, Fla. Stat. (1997). That being so, the

PER CURIAM. Affirmed. See § 443.151(4)(b)3, Florida Statutes (1993).

...Unemployment Appeals Comm’n, 873 So.2d 617 (Fla. 5th DCA 2004). Moran also argues that his former employer waived its right to contest an initial decision to grant benefits at an evidentiary hearing by failing to initially provide separation information pursuant to section 443.151(3)(a), Florida Statutes (2011)....

...Although an employer who does not timely provide separation information when first requested to do so is not eligible to have its “account relieved of benefit charges as provided in s.443.131(3)(a),” the employer may still challenge an initial benefits determination pursuant to section 443.151(3)(c) by filing an “appeal or request for reconsideration” within 20 days after being mailed notice of the decision....

PER CURIAM. Appellant’s letter dated May 20, 1994 is treated as appellant’s brief. The order of the appeals commission is affirmed for failure of the claimant to timely appeal an adverse order of an appeals referee to the commission. § 443.151(4)(c), Fla.Stat....

...nto Spanish."); compare § 39.6011(2), Fla. Stat. (2007) ("The case plan must be written simply and clearly in English and, if English is not the principal language of the child's parent, to the extent possible in the parent's principal language."); § 443.151(8)(a), Fla....

So.2d 413 (Fla. 2d DCA 2000) (holding that section 443.151(4)(b), Florida Statutes (1995), does not contain

...The referee dismissed the appeal, and the Commission affirmed the dismissal. Ms. Arensen then filed a timely appeal to this court. A claimant has twenty days after the agency mails its notice of determination to file an appeal of that determination. See § 443.151(3)(c) and (4)(b), Fla. Stat.; rule 60BB-5.007, Fla. Admin. Code. The time limit is jurisdictional and requires dismissal of appeals filed after the twenty-day deadline. The same twenty-day time limit applies to appeals from nonmonetary determinations. See § 443.151(3)(b), Fla....

...cause, explaining the circumstances surrounding the late appeal from the entitlement order mailed on October 20, 2003. The Commission will thereafter proceed according to law. VACATED and REMANDED. FARMER, C.J., KLEIN and STEVENSON, JJ„ concur. . Section 443.151 (4) (b), Florida Statutes (2003), requires appeals to be filed within *862 twenty days of the date of mailing of the referee's decision.

PER CURIAM. Because the appeal to the Unemployment Appeals Commission was untimely, see § 443.151(4)(b)4, Fla....

...mmission. Juan M. Lopez Alonso, in proper person. Amanda L. Neff, Deputy General Counsel (Tallahassee), for appellee Reemployment Assistance Appeals Commission. Before EMAS, FERNANDEZ and GORDO, JJ. PER CURIAM. Affirmed. See § 443.151(4)(b)1, Fla....

...t to appeal from the initial non-monetary determination that Guillen was eligible for benefits because Republic had failed to timely respond to an information request relating to a monetary determination. This argument is contradicted by the record. Section 443.151(3) of the Florida Statutes governs eligibility for unemployment compensation and essentially divides eligibility into two distinct determinations: (1) monetary determinations governed by sub-paragraph (b), and (2) non-monetary determinations governed by subparagraph (c). MONETARY ELIGIBILITY AND DETERMINATIONS A. Notice to the Employer Under section 443.151(3)(a) of the Florida Statutes, the Department of Economic Opportunity is required to notify employers that a claim for unemployment benefits has been made and to advise each employer that it must “respond” to that claim within 20...

...The employer must respond to the notice, or in lieu of mailing, within 20 days after the delivery of the notice. If a contributing employer fails to timely respond to the notice of claim, the employer’s account may not be relieved of benefit charges as provided in s. 443.131(3)(a), notwithstanding paragraph (5)(b). 443.151(3)(a), Fla....

...ich provides that the Department “will use AWI Form UCB^412, ‘Determination of Unemployment Compensation claim Filed’ ... to notify the claimant’s most recent employing unit and each employer ... of each claim for benefits filed, pursuant to Section 443.151(3)(a).” Fla....

...All base period employers should be aware that if the claimant is found to have received benefits in error because you did not respond within 20 calendar days to this claims notice your account cannot be credited for amounts determined overpaid. As required by section 443.151(3) (a), Republic responded to this request for in *211 formation within 20 days stating in two letters sent on the same day: This is in response to form UCB 412, Determination Notice of Unemployment Compensation Claim Filed, dated July 28, 2011.......

...[Letter two] The claimant was discharged for insubordination. On T — [23]— 2011, The claimant refused to work assignment [sic], walked off the job, and never returned!.] By virtue of these responses, Republic satisfied all of the requirements imposed on it by section 443.151(3)(a) and the Florida Administrative Code rules to challenge Guillen’s monetary eligibility for unemployment compensation from Republic. B. Notice to the Employee While section 443.151(3)(a) obligates the Department to provide notice to an employer, section 443.151(3)(b), obligates the Department to provide notice to claimants of the amount of any “initial monetary determination”: (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 beiny charyed [[Image here]] § 443.151(3)(b), Fla....

...y under section 433.151(3)(a): The Agency for Workforce Innovation will issue a determination of monetary eligibility to each claimant on AWI for UCB-11, “Wage Transcript Determination,” ... which will serve as notice to the claimant pursuant to Section 443.151(3)(a), F.S....

...lear that this pro se litigant was seeking to invoke the appellate rights extended ■ to it by the *213 UCB-45 to which it was responding. By sending this letter, Republic sought to introduce no new evidence so as to trigger a redetermination under section 443.151(3)(e)....

...t timely response, Guillen was disqualified from receiving benefits. As Rule 60BB-5.002 governing appeals in unemployment compensation cases confirms, “[a]ny person entitled by law to notice of a determination or redetermination issued pursuant to Section 443.151(3), F.S., whose substantial interest is adversely affected thereby may file an appeal from that determination or redetermination.” In the same vein, Rule 60BB-5.003 provides that “[a]ny legible written notice filed in accordance with these rules which expresses disagreement with ......

PER CURIAM. AFFIRMED. See § 443.151(6)(b), Fla....

PER CURIAM. Affirmed. § 443.151(3)(a), Fla....

PER CURIAM. Guy Pagliaro challenges an order of the Unemployment Appeals Commission (UAC) dismissing his appeal as untimely. Because there is substantial, competent evidence in the record to support the dismissal, we affirm. Section 443.151(4)(b)(3), Florida Statutes (1999), requires that appeals be filed within twenty days of the mailing date of the referee’s order....

...or Workforce Innovation orders finding that her unemployment compensation benefits appeal was filed a day late. Based on the findings of fact by the appeals referee at the administrative level, we are obligated to affirm the dismissal of her appeal. Section 443.151(3), Florida Statutes (2010); de la Torre v....

...r misconduct connected with work. The notice of decision was mailed to Fort that same day. Fort appealed the decision 361 days later, and the UAC dismissed the appeal as untimely filed. We find no error in the UAC’s decision to dismiss the appeal. Section 443.151(4)(b)3., Florida Statutes (1997), requires a party to appeal decisions of the appeals referee within twenty days after the date of mailing the notice of decision....

...Fort has not offered an explanation for his late filing, except to say that “bills and letters” were sent to his old address in December requiring him to repay his unemployment compensation. Although there are decisions from the district courts of appeal that have carved out exceptions to section 443.151(4)(b)3., they do not apply in this case because Fort has not provided an adequate explanation for his failure to appeal....

PER CURIAM. Affirmed. See Section 443.151(6)(b), Florida Statutes, (1995); Delgado v. Concentrated Chemical

...So far as the record indicates, FUAC and the Agency took no further action regarding Ms. Ponce's latest submission. Analysis Although the provision is more commonly invoked by employers contesting a favorable determination of benefits claimed by a former employee, section 443.151(3)(c)1, Florida Statutes (2009), states that the Agency for Workforce Innovation "may reconsider a determination if it finds an error or if new evidence or information pertinent to the determination is discovered after a prior determi...

...We therefore vacate the order below and remand this case to FUAC for further remand to the Agency's office of appeals for consideration of Ms. Ponce's new information (including any testimony Ms. Ponce may obtain from the investigative witnesses), under section 443.151(3)(c) in a further telephonic hearing....

...[4] The letter was received by FUAC on March 5, 2010 and by this Court as part of Ms. Ponce's appeal on March 22, 2010. FUAC evidently concluded that jurisdiction had been assumed by this Court, and thus took no further action. [5] The alleged "new evidence or information" was timely under § 443.151(3)(c), as it was submitted within one year of the applicable benefit year, i.e., before December 13, 2010....

... Affirmed. See Caldera v. Fla. Unemployment Appeals Com’n, 758 So. 2d 736, 736 (Fla. 3d DCA 2000) (“Because the 20-day appeal period is jurisdictional, the Unemployment Appeals Commission properly dismissed the appeal as untimely.”); see also § 443.151(4)(b)(3), Fla....

properly dismissed the appeal as untimely. See § 443.151(4)(b)3, Fla. Stat. (1999) (referee’s decision

...participate in the appeal. In the present appeal from the order taxing costs, Jack Eckerd claims that it is not liable for such costs as a matter of law, 1 and that this expense must be borne by the commission instead. We do not agree. While, under section 443.151(4)(e), Florida Statutes (1987), the commission is made a party respondent in every appellate proceeding involving a decision on the merits of a compensation claim — thus, strangely enough, rendering a tribunal a party to an appeal f...

...URIAM. We affirm the order of the Florida Unemployment Appeals Commission on the basis that the appeals referee lacked jurisdiction to consider Claimant’s untimely appeal of the determination that she was not entitled to compensation benefits. See § 443.151(4)(b)2., Fla....

PER CURIAM. The Unemployment Appeals Commission correctly dismissed the appeal because it was not filed, as required, within twenty days after notice of the appeals referee’s adverse decision. § 443.151(4)(b)3, Fla.Stat....

...The issue in this case is whether the UAC erred in failing to provide Apolinar a hearing on her appeal from the referee's dismissal of her case for failure to prosecute. The UAC dismissed Apolinar's appeal because she filed it more than twenty days after the referee entered the decision. See § 443.151(4)(b)3., Fla....

...Claimant appeals the dismissal of her appeal to the Unemployment Appeals Commission. We affirm, as the claimant was given proper and timely notice of the denial of her claim, yet the appeal she filed from that denial was not timely. See Fla. Stat. § 443.151 (S)(a) (1999) (“such determination shall be final unless within 20 days after the mailing of such notices to the parties’ last known addresses ......

...Employment Security of the Department of Labor and Employment Security or the appeals referee. Even that information, `to the extent necessary for the proper presentation of a claim,' is not made confidential by the language of s. 443.171 (7), F.S. Section 443.151 , F.S....

...and subsection (4) refers to appeals before the appeals referees of the Division. Section 43.151(4)(c) outlines the procedure whereby the commission may initiate a review of the decision of an appeals referee or determination of a special examiner . Section 443.151 (4)(e) provides for judicial review in the district court of appeal in the appellate district in which the issues involved were decided by an appeals referee....

...See Guerrero v. Fla. Unemployment Appeals Comm’n, 855 So.2d 266, 268-69 (Fla. 3d DCA 2003). The Commission, therefore, properly dismissed his appeal as it was not filed within twenty days of the date that the referee’s decision was mailed to him. § 443.151(4)(b), Fla. Stat. (2003); Guerrero, 855 So.2d at 268 (“Under section 443.151(4)(b)3 of the Florida Statutes, an aggrieved party has twenty days after mailing or delivery of a referee’s decision to initiate an appeal with the UAC....

PER CURIAM. There was no error in the action of the Unemployment Appeals Commission in dismissing the appellant’s appeal from an adverse ruling of the appeals referee as untimely. See § 443.151(4)(b), Fla....

...appear at a hearing. The notice of dismissal was mailed on December 12, 2002. Griffin appealed the dismissal on January 10, 2003. Because this was over twenty days after the initial dismissal, his appeal was dismissed as untimely on the authority of section 443.151(4)(b)3, Florida Statutes....

...Specifically, he had settled a claim of employment discrimination with his employer through a settlement agreement in which the employer agreed not to contest his entitlement to his current receipt of unemployment benefits. Thus, his appeal is more in the nature of a request for redetermination pursuant to section 443.151(3)(e)l., Florida Statutes....

...Lourdes Perenzuela challenges an order of the Unemployment Appeals Commission (UAC) dismissing her appeal as untimely. Because there is competent record evidence to support claimant’s argument that her appeal was timely filed, we reverse and remand for a determination on the merits of her claim. See § 443.151(3)(a), Fla....

PER CURIAM. The claimant, William W. Gardner, appeals from a final order of the Unemployment Appeals Commission dismissing his appeal as untimely. We affirm. Section 443.151(4)(b)(4), Florida Statutes (2004), provides: The parties must be notified promptly of the referee’s decision....

PER CURIAM. Affirmed. § 443.151(3)(a), Fla....

...are an overpayment which appellant must repay. See generally Unemployment Appeals Comm’n v. Comer, 504 So.2d 760 (Fla.1987). We conclude that the Commission’s ruling on the overpayment issue is correct and in accordance with the requirements of section 443.151(6)(b), Florida Statutes (2004)....

PER CURIAM. Affirmed. Section 443.151(4)(b)(3), Florida Statutes; Florida Administrative Code Rule 38E-3.006.

...In unemployment compensation cases, AWI makes an initial determination whether a claimant is entitled to benefits and in what amount. If AWI denies the claim, the claimant has 20 days to appeal. A hearing is held in front of an appeals referee, and the referee can then affirm, modify, or reverse the determination. § 443.151, Fla....

unemployment compensation benefits was untimely. Section 443.151(3)(a), Florida Statutes (1993), provides that

...Daniel Dahlquist appeals the dismissal of his administrative appeal by the Unemployment Appeals Commission. Unfortunately, Mr. Dahlquist failed to file his appeal of the decision of the unemployment compensation appeals referee within the time period allowed by section 443.151(4)(b)4, Florida Statutes (2004)....

was warranted under section 443.151(3)(c), Florida Statutes (1997). Section 443.151(3)(a), Florida Statutes

...See § 443.131(3)(a), Fla. Stat. (2010); Fla. Admin. Code Ann. R. 60BB-2.026, 3.018. On February 10, 2009, the Employer appealed to the AWI Office of Appeals the AWI's January 30, 2009, determination that Ms. Gonzalez was entitled to benefits. See § 443.151(4)(b)1, Fla....

...Gonzalez ineligible to receive benefits based upon employee misconduct. See § 443.036(29), Fla. Stat. (2010). The decision *341 advised her that it "will become final unless a written request for review or reopening is filed within 20 calendar days after the mailing date shown." See § 443.151(4)(b)1, Fla....

...For reasons of expediency, compensation routinely flows based solely upon first prong monetary eligibility determined from AWI accessible wage records. Should it later be determined that a claimant was not entitled to benefits, the claimant is required to repay the sums received. See § 443.151(6)(b), Fla....

...s appeal of an appeals referee's decision denying him unemployment benefits. We have jurisdiction. See Fla. R. App. P. 9.030(b)(1)(C), 9.110(c). We affirm. We acknowledge that Mr. Norman believes that his appeal to the Commission has merit. But section 443.151(4)(b)6, Florida Statutes (2022), required Mr....

...3d DCA 2006) (explaining that if a request to review a referee's decision is untimely filed, then the Commission lacks jurisdiction to hear the merits of the underlying claim). Florida courts have excused untimeliness and carved out a limited exception to section 443.151(4)(b)6....

...Because the claimant failed timely to appeal the adverse decision of the appeals referee after being appropriately notified of its rendition, this court is — however unfortunately — powerless to consider the apparent injustice involved in that decision. See § 443.151(4)(b)(3), Fla.Stat....

PER CURIAM. The order of the Reemployment Assistance Appeals Commission denying relief because review of the adverse order of the appeals referee was untimely filed is affirmed. See § 443.151(3)(c) Fla....

PER CURIAM. Melissa G. Cassidy appeals the final order denying her appeal of the denial of unemployment compensation benefits. We affirm because Cassidy filed her appeal twenty-four days after the date of the notice of mailing. Section 443.151(4)(b)(3), Florida Statutes (1995), provides that: The parties shall be promptly notified of such referee’s decision; and such decisions shall be final unless, within 20 days after the date of mailing of notice thereof to the party�...

...We affirm the order of the Florida Unemployment Appeals Commission which dismissed the appeal of Carlos E. Calderon. The appeal was untimely because it was not filed within twenty days of the date that the referee’s decision was mailed to him. See § 443.151(4)(b), Fla....

PER CURIAM. Affirmed. See § 443.151 (3)(a), Fla....

Jenkins, 323 So.2d 597 (Fla. 1st DCA 1975); § 443.151(4)(b)3, Fla. Stat. (1997); Fla. Admin. Code R

him to file a request for rede-termination. Section 443.151(3)(e)2 provides for an appeal to proceed simultaneously

...City of North Bay Village, 654 So.2d 991 (Fla. 3d DCA 1995), appeal dismissed, 666 So.2d 144 (Fla.1995), this Court affirmed the Commission’s determination that the appellant was not entitled to unemployment benefits because he was discharged for misconduct in connection with work. Section 443.151(6)(b), Florida Statutes (1995), requires an individual erroneously awarded unemployment benefits to either repay the funds or have that amount deducted from any future benefits received, and states specifically: If any person, other t...

PER CURIAM. Affirmed. § 443.151(4)(a), (b), Fla.Stat....

MOORE, CECELIA M., Associate Judge. Daryl Neely appeals from the final order which dismisses his appeal to the Unemployment Appeals Commission (UAC) as untimely. Because the UAC lacked jurisdiction to entertain Mr. Neely’s appeal, we must affirm. Section 443.151(4)(b)(3), Florida Statutes (1999), requires the UAC to dismiss appeals filed later than twenty days after the decision is mailed (or delivered) to the parties....

...Accordingly, the Commission did not abuse its discretion in denying the employer’s request to be allowed to introduce additional evidence under the facts and circumstances as appear from the record. See Florida Department of Transportation v. J.W.G. Co., Inc., 396 So.2d 778 (Fla. 1st DCA 1981); section 443.151(4)(c), Florida Statutes (1981)....

PER CURIAM. The Unemployment Appeals Commission dismissed the appellant’s appeal because it was filed after the statutory deadline. See § 443.151(4)(b)3., Fla....

...The appeals referee found: The claimant (sic) did not receive the adverse determination of the claims adjudicator mailed to the employer at its address of record on February 22, 2007. The employer filed its appeal on May 24, 2007, within 20 days of learning of the determination. Florida Statute section 443.151(4)(b)1 provides: 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 o...

matter is opened to the public at a hearing.9 Section 443.151, Florida Statutes, prescribes the procedure

PER CURIAM. Affirmed. § 443.151(4)(b)3., Fla.Stat. (1993).

...Claimant Brian Willis appeals the November 26, 2003 order of the Unemployment Appeals Commission (UAC), arguing that the UAC improperly reconsidered its June 25, 2003 order upon motion for rede-termination of the Agency for Workforce Innovation (the Agency). We agree. Section 443.151(3)(e)l., Florida ■ Statutes (2003), does not contemplate reconsideration where, as here, the Agency contends that the UAC made an error in law. Section 443.151 provides that the Agency may reconsider its original determination, or may apply to the appeals referee, UAC, or court that rendered a final determination to issue a revised decision, within one year of the last day of the benefit yea...

...w evidence or information. 1 Instead, the Agency alleged that the UAC erred in interpreting federal regulations concerning unemployment compensation for ex-servicemembers. Such an error does not authorize the UAC to reconsider its previous decision. Section 443.151 does not define what type of “error” can be the basis of a rede- *536 termination....

...Progressive S.E. Ins. Co., 753 So.2d 80, 84 (Fla.2000) (quoting Forsythe v. Longboat Key Beach Erosion Control Dist., 604 So.2d 452, 455 (Fla.1992)). In reading the statute as a whole, it is apparent that the term “error” should not include errors in law. Section 443.151 not only provides for reconsideration, it also provides for an appeals process and the finality of orders of the appeals referee and the UAC. See § 443.151(4)(b), (c) & (e), Fla....

...An Appeal from the Florida Reemployment Assistance Appeals Commission. Magaly H. Benitez, in proper person. Katie E. Sabo, Appellate Counsel (Tallahassee), for appellee. Before EMAS, SCALES and BOKOR, JJ. PER CURIAM.  Affirmed. See § 443.151(3)(c), Fla....

...Larry Gregg appeals a final order of the Reemployment Assistance Appeals Commission, which dismissed as untimely his appeal of an adverse decision from the referee assigned to his case. The adverse decision was mailed to Gregg on May 30, 2013, and notified Gregg of the twenty-day appeal deadline set forth in section 443.151(4)(b), Florida Statutes (2012)....

...at 501-02. Both the appellate court and the UAC must accept the referee's findings of fact unless those findings are not based on competent, substantial evidence. His Kids Daycare v. Fla. Unemp't Appeals Comm'n, 904 So.2d 477, 479 (Fla. 1st DCA 2005). Section 443.151(3)(a), Florida Statutes (2009), provides that the Agency's determination is final unless the parties file an appeal within twenty days after the mailing of the notices, or in lieu of mailing, within twenty days after the delivery of the notices to the parties....

...weight and would not be overturned unless it was clearly erroneous). Florida agencies are creatures of statute and only have the authority and jurisdiction conferred by statutes. See Fiat Motors of N. Am., Inc. v. Calvin, 356 So. 2d 908, 909 (Fla. 1st DCA 1978). Section 443.151(4)(b)6., Florida Statutes (2013), provides that a referee’s decision is final unless an appeal is initiated with 20 days after the date of mailing or delivery of the notice of the decision....

...Home Depot USA, Inc., 941 So. 2d 460, 461 (Fla. 3d DCA 2006) (stating the same principles under a previous version of the rule). Here, it is undisputed that the proposed corrected decision issued after the 20- day time period expired. Under the plain language of section 443.151(4)(b)6., the 5 original decision was already final at this time, and the Referee was divested of jurisdiction to make the correction....

...While there may be some exceptions to a strict application of the 20-day time limit, the instant case provides no such exception where the Referee’s purported “clerical” correction actually affected WHS’s substantial interests. We decline to adopt the dissent’s assertion that section 443.151(3)(e), Florida Statutes (2013), provided the authority for the Appeals Referee to issue the proposed and corrected opinions. First, neither the Commission nor the Department relied on section 443.151(3)(e) as authority to act and made no arguments relating to section 443.151(3)(e) in the briefs or at oral argument. While we could issue a Tipsy 6 Coachman affirmance, we nonetheless find section 443.151(3)(e) inapplicable to the instant case. Section 443.151(3)(e), entitled “Redeterminations,” provides the Department the authority to reconsider a determination up to one year after the last day of a benefit year “if it finds an error or if new evidence or information” is discovered. 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 determination process. We do not believe that section 443.151(3)(e) was meant to apply to the facts of the instant case where the error originated in the appeals decision, which section 443.151(4)(b)6....

...of an appeal,” to impose a functional, not temporal, limit on the Referee’s ability to issue a 7 corrected decision. We disagree with the Commission that the limit is functional rather than temporal. Section 443.151(4)(b)6....

...terminated at this time. We further disagree with the Commission that the correction here was clerical and not substantive. The Commission argues that because a referee may only affirm, reverse, or modify a determination of benefits under section 443.151(4)(b)2., Florida Statutes (2013), the sentence in the original decision that non-charged the employer was obviously a clerical error....

...3d 230 (Fla. 1st DCA 2011) (citing Johnson v. Terry Hunt Constr. Co., 878 So. 2d 1282 (Fla. 1st DCA 2004), which made the same point based on Taylor in the workers’ compensation context). Finally, it appears that the redetermination statute, section 443.151(3)(e) of the Florida Statutes (2013), allows the Commission to correct errors for up to a year. This section provides that “The department may reconsider a determination if it finds an error or if new evidence or information pertinent to the determination is 11 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 ... .” § 443.151(3)(e), Fla. Stat. (2013). This Court held in Willis v. Florida Unemployment Appeals Commission, 890 So. 2d 535, 535-36 (Fla. 1st DCA 2005), that “Section 443.151 provides that the Agency may reconsider its original determination, or may apply to the appeals referee, UAC, or court that rendered a final determination to issue a revised decision, within one year of the last day of the benefit year where ‘an error has occurred in connection therewith ......

...reasonable analogy, internal inconsistencies in an order such as here. They can and should be subject to correction. See also Blaser v. Unemployment Appeals Com’n, 687 So. 2d 337, 338 (Fla. 4th DCA 1997) (holding that the redetermination statute in section 443.151(3) required remand – after the appeal time had passed but before the passage of one year -- to reconsider a benefits determination due to division error). The Commission has relied on this statute in at least one case t...

...Commission (“RAAC”) dismissing her appeal of an administrative decision denying unemployment compensation benefits as untimely. We affirm. Ms. Linden contends that she had good cause for failing to timely file her appeal with the RAAC. Unfortunately, section 443.151(4)(b)1., Florida Statutes (2016), which governs appeals from RAAC determinations, does not provide a “good cause” exception that would permit the RAAC to accept an untimely appeal....

were “overpayments” he was required to repay. Section 443.151(3)(e)l., Florida Statutes (2009), expressly

PER CURIAM. The dismissal of the employee’s appeal as untimely filed was correct and is affirmed. See § 443.151(4)(b)3, Fla.Stat....

...The employer filed an appeal, claiming that Hatton was not entitled to unemployment benefits because she was fired for misconduct. The UAC reversed the decision of the appeals referee and denied Hat-ton unemployment compensation. *262 Although the UAC has the authority to order a de novo hearing pursuant to section 443.151(4)(c), Florida Statutes (1989), it did not do so....

...d to affirm the Commission's ruling. We write this opinion to encourage the legislature to establish a thirty-day period for a claimant's appeal that is equal to the thirty-day period given to attorneys in other civil and administrative appeals. See § 443.151(4)(b), Fla....

...Horst did not attend the hearing before the referee on Tuesday, December 2, 1997. The referee issued the order and mailed it to Mr. Horst's last known address on that same day. Mr. Horst's appeal was filed on Saturday, December 27, 1997. By statute, a claimant must appeal within twenty days. See § 443.151(4)(b)....

...The division should have treated this as a request to reconsider the benefits due to division error which was filed within a year of the end of the last compensable week. We remand to the division to determine whether the appellant is entitled to the redetermination of benefits. See § 443.151(3)(c), Fla....

...On December 17, 1998, a friend of Altimeaux’s faxed a letter to the UAC on his behalf, explaining the confusing nature of this case, and asking that the UAC reconsider its dismissal. The UAC responded that it had no authority to do so. We treated the December 17 letter as an appeal to this court of the UAC’s dismissal. Section 443.151(4)(b)3., Florida Statutes (1997), requires that an appeal of a referee’s decision be initiated within twenty days of the date the notice of decision is mailed to the parties....

...feree relied upon certain hearsay evidence in making her findings of fact, her order does not reflect that she undertook the analysis required in order for hearsay evidence alone to support a finding of fact in an unemployment compensation case. See § 443.151(4)(b)5.c., Fla....

ineligible. This court has previously interpreted section 443.151(6)(b), Florida Statutes, to require repayment

...eferee that Kathryn Keables was not entitled to the unemployment compensation benefits that she had received. Global Home Care, Inc. v. State, Dep't of Labor and Employment Sec., Div. of Unemployment Comp., 521 So.2d 220 (Fla. 2d DCA 1988). Further, section 443.151(6)(b), Florida Statutes (2008), requires Keables to repay the benefits, and it contains no provision excusing repayment based on equitable grounds....

...irms the dismissal of Maldonado’s administrative appeal of the adjudicator’s adverse determinations. Our review of the record, including the transcript, reveals that the administrative appeal was properly dismissed as untimely in accordance with section 443.151(3)(a), Florida Statutes (1993)....

PER CURIAM. Because the claimant’s appeal to the Florida Unemployment Appeals Commission was untimely and he did not allege that the referee’s decision was not timely mailed, we affirm. See § 443.151(4)(b)3, Fla....

PER CURIAM. Affirmed. Section 443.151(3)(a) and (4)(b), Florida Statutes (1989).

...ls Commission. Charles T. Faircloth, Jr., Chairman. February 14, 2024 PER CURIAM. We affirm the order of the Reemployment Assistance Appeals Commission dismissing Appellant’s administrative appeal as untimely. See § 443.151(4)(b)1., Fla....

...Stephanie Dowden appeals an order issued by the Reemployment Assistance Appeals Commission affirming the decision of an appeals referee, which determined that Dowden is not entitled to benefits because her unemployment was voluntary without good cause chargeable to her employer. See § 443.151(4)(a), (c), (e), Fla....

...ter she left her job at Dunkin Donuts, and we note that the statute clearly requires that when determining eligibility, the agency must act “promptly” when providing notice of claims to employers and the employer must respond within twenty days. § 443.151(3)(b). It can be assumed that this prompt process was not followed in this case. And even though a claimant is generally liable for repaying benefits *1204 which she was not entitled to receive, see § 443.151(6)(b), if the delay in the denial of benefits was caused by Dunkin Donuts’ failure to timely respond, the agency was not permitted to hold Dowden liable for the benefits she was improperly paid, see § 443.151(6)(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....")....

...4th DCA 1993) (“[WJhere the commission errs as a matter of law, this court is empowered to reverse their determination.”). Accordingly, we reverse the Commission’s order as it relates to the repayment of benefits and we remand for a new hearing in light of Arensen , section 443.151(6), and the facts in this case....

PER CURIAM. Affirmed. § 443.151(4)(b)3, Fla.Stat....

...Reversing, the First District held: We reject DPBR’s- contention that its July 1999 letter questioning appellant’s eligibility for unemployment compensation because he worked in a Senior Management position constituted “new information” to the Division under section 443.151(3)(c)l....

DAUKSCH, Judge. This is an appeal from an order of the Commission affirming a referee’s decision to dismiss appellant’s appeal as untimely. The appeal was taken by appellant as a claimant for unemployment compensation. Section 443.151(4)(b)l, Florida Statutes (1982) provides: The claimant or any other party entitled to notice of a determination as herein provided may file an appeal from such determination with an appeals referee within 20 days after the date of mai...

...We conclude that the late filing of the notice of appeal deprived the UAC of jurisdiction to consider Mr. Castro’s appeal. See Helms v. Fleetwood Homes of Fla., Inc., 802 So.2d 380 (Fla. 2d DCA 2001) (affirming UAC order affirming appeals referee’s dismissal of appeal as untimely and noting that section 443.151(4)(b)3, Florida Statutes (1995), does not provide for any exceptions)....

...December 30, 2009. Rehearing Denied February 23, 2010. Eddy A. Mejia, in proper person. Louis A. Gutierrez, for appellee, Florida Unemployment Appeals Commission. Before WELLS and SHEPHERD, JJ., and SCHWARTZ, Senior Judge. WELLS, Judge. Affirmed. See § 443.151(3), Fla....

...In that letter, Hernandez asked why she did not have the right to appeal when she had filed several appeals. She also indicated that she. had sent a notarized document back as requested but may have made a mistake because of her poor English. Pursuant to section 443.151(4)(b)5, Florida Statutes (2005), a claimant has twenty days after the mailing of the appeal referee’s decision to initiate an appeal with the Commission....

appellate review within the limits established by section 443.151(4)(b), Florida Statutes (1993). CAMPBELL, A

PER CURIAM. Affirmed. See § 443.151(3)(a), Fla.Stat....

assigned to an appeals referee for hearing. See § 443.151, Fla. Stat. (1993). At the hearing, conflicting

...A legal conclusion of the UAC may therefore be overturned if it is clearly erroneous. See id. We hold that the employer’s September 12, 2001 letter was insufficient to serve as a notice of appeal in order to preserve its right to appeal the Amended Redetermination. Under section 443.151(3)(a), Florida Statutes (2001), determinations on unemployment compensation claims shall become final: [Ujnless within 20 days after the mailing of such notices to the parties’ last known addresses, or in the absence of such mailing...

...Thus, the employer was required to submit a new timely appeal to the Amended Redetermination, which it did not do. In addition, since no appeal was pending involving the initial determination, we reject the UAC’s argument that the employer was entitled to avail itself of the protections triggered under section 443.151(3)(c)2., Florida Statutes (2001)....

...WARNER and GROSS, JJ., concur. . "In the event that an appeal involving an original determination is pending as of the *211 date a redetermination thereof is issued, such appeal unless withdrawn shall be treated as an appeal from such redetermination.” § 443.151(3)(c)2„ Fla....

followed. Although the majority is correct that section 443.151(4), Florida Statutes (2009), has no judicially-recognized

...entered its own order qualifying Purvis for benefits based solely upon the record taken in the unauthorized second de novo hearing. We can only conclude from these circumstances that no party has received the kind of fair proceeding contemplated by section 443.151 and guaranteed by the Administrative Procedures Act, chapter 120, Florida Statutes....

...new de novo hearing at which all parties will be afforded an opportunity to present competent and relevant evidence in support of their respective contentions. REVERSED and REMANDED. MILLS, J., concurs. ERVIN, C.J., dissents with written opinion. . § 443.151(2), Fla.Stat. (1983). . § 443.151(3), Fla.Stat. (1983). . § 443.151(4)(a) and (b), Fla.Stat. (1983). . § 443.151(4)(c), Fla.Stat. (1983). . § 443.151(4)(a) requires that, "The division shall provide the commission and the Appeals referees with proper facilities and assistance for the execution of their functions.” This statutory directive undoubtedly mandates that the Division provide...

PER CURIAM. AFFIRMED. See Florida State University v. Jenkins, 323 So.2d 597 (Fla. 1st DCA 1975); § 443.151(4)(b)3, Fla.Stat....

...Vanesa Flores appeals the Florida Unemployment Appeals Commission's final *971 order affirming the decision of the Unemployment Compensation Appeals Referee dismissing Flores's appeal as untimely filed. We affirm, as the claimant did not appeal the decision until after the 20-day statutory time limit had expired. See § 443.151(3)(a), Fla....

PER CURIAM. Affirmed. See § 443.151(4)(b)(6), Fla....

...�); Fla. Admin. Code Ann. R. 73B-20.007(2) (“If the referee finds that the appeal was not filed within the time allowed by the law, it shall be dismissed.”); Espinosa v. Cableoptics, Inc., 807 So.2d 195, 195-96 (Fla. 3d DCA 2002) (“Pursuant to section 443.151(4)(b) 3, Fla....

PER CURIAM. Affirmed. See § 443.151(4)(b)(6), Fla. Stat. (2013) (“The referee’s decision is final unless

...The referee rendered the decision regarding overpayment in resolution of Hebert’s timely appeal from the decision of the claims examiner. Decisions of the appeals referee become final unless, within 20 days after the date of mailing of notice of the decision, review by the Commission is initiated. Section 443.151(4)(b)3., Florida Statutes (1993)....

...The question in the present case is the nonjurisdictional question whether to reschedule a hearing. Mr. Milner was not required to show that the Agency's actions caused his nonappearance, and he has never contended that they did. Cf. Thurman v. Fla. Unemployment Appeals Comm'n, 881 So.2d 89, 91 (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.......

...RIGHTS: This decision will become final unless a written request for review or reopening is filed within 20 calendar days after the distribution/mailed date shown.” Henry filed her appeal with the Commission two days late. The Commission then, pursuant to section 443.151(4)(b)3....

...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. § 443.151(4)(b)3., Fla....

...The appeals referee disqualified Evans from receipt of benefits and ordered repayment of benefits received. Evans filed a timely appeal with the Unemployment Appeals Commission, which conducted a de novo review of the evidentiary hearing pursuant to section 443.151(4)(c), Florida Statutes (2008), and *932 vacated the appeals referee's decision....

...s order the final sentence of the recommendation, purporting to direct the Florida Department of Revenue to conduct an investigation of appellant’s business. By statute, a special deputy “may only affirm, modify, or reverse the determination.” § 443.151(4)(b)2., Fla....

...n of Unemployment *565 Compensation of the Florida. Department of Labor and Employment Security (the Division) determined that she was disqualified from receiving unemployment benefits. ' 1 Anderson availed herself of her right to appeal provided by section 443.151(4), Florida Statutes (2000)....

FRANK, Judge. The sole issue before us is whether the recovery by repayment, contemplated in section 443.151(6)(b), Florida Statutes (1985), of the unemployment compensation benefits paid to Sheppard is subject to the defenses of “equity and good conscience” contained in section 443.151(6)(c) where his entitlement to such benefits was ultimately determined not to have existed. Section 443.151(6) provides, in relevant part, as follows: (b) If any person, other than by reason of his fraud, has received any sum as benefits under this chapter to which, under a redetermination or decision pursuant to this section, he has been f...

...The foregoing provisions have been analyzed and applied in two districts with divergent results. In Sagaert v. State Department of Labor, 418 So.2d 1228 (Fla. 3d DCA 1982), it was determined that the “equity and good conscience” defenses available under section 443.151(6)(c) to a non-fraudulently overpaid claimant from whom recoupment from future benefits is sought, are equally assertable by the claimant from whom repayment is demanded under section 443.151(6)(b)....

...ose benefits have been terminated. The Fourth District, on the other hand, rejected Sagaert in Sheppard v. State Department of Labor, 442 So.2d 1114 (Fla. 4th DCA 1983), upon the ground that importing the “equity and good conscience” defenses in section 443.151(6)(c) into section 443.151(6)(b) is an incursion into the legislative function....

...We further disagree with the Third District’s view that to confine the “equity and good conscience” defenses to recoupment allows the state, in the exercise of its statutory discretion, abusively to choose repayment rather than recoupment and thus deny to the improperly paid claimant the section 443.151(6)(c) defenses. The fault we find with that reasoning is grounded *829 upon two considerations. First, there is a rational basis for the discretionary power awarded the state in section 443.151(6)(b)....

...The UAC does not dispute Albrecht’s assertion that he filed a timely appeal and *759 that he persisted in attempting to use the internet method, but claims that he should have used the mail or fax and that no good cause exceptions are allowed by the statute prescribing the time limitations. § 443.151(3)(a), Fla....

. PER CURIAM. Affirmed. See § 443.151(3)(a), Fla....

...ployment compensation claim by the Florida Unemployment Appeals Commission (FUAC) and the Office of Appeals of the Agency for Workforce Innovation (Office of Appeals). Finding that FUAC and the Office of Appeals failed to demonstrate compliance with section 443.151(8)(a) of the Florida Statutes (2007), "Bilingual requirements," we reverse and remand with instructions to further remand Ms....

...Garcia to show cause why the appeal should not be dismissed as untimely. The order determined that the referee's decision was mailed on February 14, 2007 and that her appeal was not filed until March 16, 2007, ten days after the twenty-day period allowed by section 443.151(4)(c) of the Florida Statutes (2007)....

...peals information brochure, "AWI Form UCA Bulletin 6S (Rev.6/05)," although the record originally delivered to us and the representation by Ms. Garcia indicate that this form was never sent to her. [4] Language and Due Process—the 1996 Amendment to Section 443.151 In a 1993 decision, this Court rejected a claim that notions of fundamental fairness and minimal due process required FUAC and appeals referees to provide notices in any language other than English, even if the claimant does not speak, read or write English and this fact is known by the referees. Alonso v. Arabel, Inc., 622 So.2d 187, 188 (Fla. 3d DCA 1993). Three years later, however, the Florida Legislature amended section 443.151 of the Florida Statutes (1996), "Procedure concerning claims," to add a new subsection (8) entitled "Bilingual requirements." Paragraph (a) of the new provision states that the Agency for Workforce Innovation "shall provide printed bi...

...FUAC responded with a supplemental brief and an appendix acknowledging that the Agency for Workforce Innovation has prepared pamphlets in the Spanish language containing "extensive information regarding the hearing, decision, and appeal procedures" in conformance with section 443.151....

...Garcia's case, we conclude that the fairness of the proceedings below and the correctness of the actions taken may have been impaired by the Agency for Workforce Innovation's failure to provide Ms. Garcia with printed bilingual instructional and educational materials in Spanish as directed by section 443.151(8) of the Florida Statutes (2007)....

...Garcia's appeal should be reversed and remanded to permit her to pursue an appeal to the Unemployment Appeals Commission because (1) the UAC concedes that the Agency for Workforce Innovation has prepared printed instructional and educational materials in Spanish as required by section 443.151(8) of the Florida Statutes and that these materials should have been provided to Ms....

...We affirm because the record contains competent, substantial evidence to support the conclusion that Neville failed to seek full-time work as required by section 443.091(1)(c), Florida Statutes (1995), and must repay benefits to which he was not entitled, pursuant to section 443.151(6), Florida Statutes (1995)....

PER CURIAM. Affirmed. See § 443.151(3)(a), Fla....

...Gladys Barnes appeals from a final order which dismisses her appeal to the Unemployment Appeals Commission (UAC) as untimely. The UAC must dismiss an appeal filed later than twenty days from the date the appeals referee’s decision is mailed (or if not mailed, delivered) to the parties. See § 443.151(4)(b)3., Fla....

...On November 19, 2001, the Notice of Determination was mailed to Collington notifying her of her disqualification for benefits. Collington did not appeal that determination with the U.A.C. until July 17, 2002. We affirm the U.A.C. dismissal based on the untimeliness of Collington’s appeal. Fla. Stat. § 443.151 (4)(b)(2001); see Espinosa v....

...Beach Suites LTD PTR, 751 So.2d 1262 (Fla. 3d DCA 2000); Cardona v. Sun Trust/Miami, N.A., 719 So.2d 992 (Fla. 3d DCA 1998)(holding that Unemployment Appeals Commission properly dismissed appeal as untimely where appeal filed after the twenty-day deadline provided by section 443.151(4)(b)3, Fla....

PER CURIAM. Following a careful review of the record, we conclude that the Unemployment Appeals Commission correctly affirmed the decision of the appeals referee. See § 443.151, Fla....

...The employer argues that the claimant has not made himself available for work, since he seeks employment only through his union. See Griffin v. Parrish Construction & Door Service, 409 So.2d 62 (Fla. 1st DCA 1982). The Commission based its decision upon its reading of §§ 443.101 & 443.151 Fla....

...(1981) establishes availability for work as a condition for benefit eligibility. Section 443.-151(3)(a) requires notice of claim determination for all chargeable employers. The appellant is a chargeable employer, and it received notice of the determination. Section 443.151(3)(c) calls for notice of redeter-minations in the same manner as initial determinations. This section, however, is complicated by § 443.151(3)(d), allowing the Division of Employment Security of the Department of Labor and Employment Security to establish rules specifying which employers are entitled to notice of redeter-minations under § 443.101. The division did this in Rule 38B-2.14 F.A.C. The right to appeal is given to parties entitled to notice, § 443.151(4)(b). The Commission argues that § 443.151(3)(d) Fla.Stat....

...(1981) cuts off the right to appeal § 443.091 issues. We disagree. By its plain language § 443.-151(3)(d) applies only to § 443.101 issues. The more general provisions of § 443.-151(3)(c) apply in redeterminations based on other sections. The employer is raising a § 443.091 issue, so § 443.151(3)(d) has no application, and therefore neither would Rule 38B-2.14. Applying § 443.151(3)(c), the Unemployment Compensation Law gives the employer a right to appeal § 443.-091 issues....