STATE OF FLORIDA, DEPARTMENT OF COMMERCE, DIVISION OF EMPLOYMENT SECURITY, PETITIONER,
v.
DONALD J. HART AND BOARD OF REVIEW, RESPONDENTS

Fla. 2d DCA | 1979-06-13
No. 78-1490
GRIMES, C. J., and RYDER, J., concur.
372 So. 2d 174 Florida District Court of Appeal, Second District (1979) Positive Treatment
Cited by 4 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

The Florida Department of Commerce Division of Employment Security appealed a Board of Review decision awarding unemployment benefits to Hart, who refused a job referral from the Florida State Employment Service (FSES) because of inferior pay and hours. The court reversed, holding that claimants must pursue job referrals from the FSES to maintain eligibility for unemployment benefits, despite the Board's interpretation of amended statutory language.


Holding

The court held that claimants are required to pursue job referrals from the FSES to remain eligible for unemployment compensation benefits. The amended statutory language, read in conjunction with Section 443.05(1)(b), does not eliminate the requirement to accept suitable work when offered by the employment office, and refusal to do so constitutes grounds for disqualification.


Headnotes

[1] A claimant seeking unemployment compensation benefits must actively pursue job referrals provided by the Florida State Employment Service (FSES).

[2] A claimant's refusal to pursue a job referral from the FSES, even if the pay and hours are less attractive than previous employment, can result in disqualification from u…

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Key Quotes

“a claimant, in order to receive unemployment compensation benefits, is required to register for work with the Division, which in turn notifies its subsidiary employment service, the FSES, and to pursue any job referrals given him by the FSES.”

Establishes the court's interpretation that pursuing FSES referrals is a requirement for benefit eligibility.

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Facts & Procedural History

Hart was terminated as a security guard with the Pinellas County School Board due to a reduction in force and filed for unemployment compensation. The…

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Opinion of the Court
BOARDMAN, Judge.

BOARDMAN, Judge.

The Department of Commerce, Division of Employment Security (Division)1 petitions for review of a decision of the Board of Review (Board)2 awarding unemployment compensation benefits to respondent Donald J. Hart. For the reasons hereinafter set forth, we reverse.

Due to a reduction in force, Hart was terminated from his position as a security guard with the Pinellas County School Board, and he filed a timely claim for unemployment compensation benefits. Several months later, the Florida State Employment Service (FSES) referred Hart to an available opening for a security guard. Hart declined to pursue the referral because the pay and hours were less attractive than those of his previous employment and because he was no longer interested in working as a security guard.

A claims examiner disqualified Hart from further benefits because of his refusal to take the referral, citing Section 443.06(2), Florida Statutes (1977), which pertains to disqualification for benefits. The decision of the claims examiner was upheld by an appeals referee, but reversed by the Board. The Board noted as grounds for the reversal and argues before this court that following the amendment of Section 443.06(2) by Chapter 77-399, Laws of Florida, failure to pursue a job referral from the FSES is no longer among the enumerated grounds for disqualification for benefits. The Division strongly disagrees with this interpretation.

Section 443.06(2), as amended, with inter-lineations indicating deleted portions and italicized portions indicating new material, reads in pertinent part:

If the division finds that the individual has failed without good cause either to apply for available suitable work with the Division when so directed by the employ ment office or tho division, or to accept suitable work when offered to him by an employment office, division, or employing unit or to return to his customary self-employment, when so directed by the division, such disqualification [for benefits] . under this subsection shall continue for the full period of unemployment next ensuing after he has failed without good cause either to apply for available suitable work, or to accept suitable work, or to return to his customary self-employment, pursuant to this subsection, and until such individual has become reemployed and has earned wages equal to or in excess of 10 times his weekly benefit amount.

The phrase “to apply for available suitable work with the Division,” standing alone, may appear ambiguous, since it is unclear whether the claimant need apply only for an available opening when the Division itself is the prospective employer or whether he must apply for any suitable position with any employer when given a referral by the FSES. We shall therefore look to the Unemployment Compensation Act as a whole in order to arrive at a reasonable interpretation of this phrase. See State v. Gale Distributors, Inc., 349 So. 2d 150 (Fla.1977); Florida Jai Alai, Inc. v. Lake Howell Water & Reclamation District, 274 So. 2d 522 (Fla.1973).

Section 443.05(l)(b), Florida Statutes was also amended by Chapter 77-399, Laws of Florida to provide that the Division must notify the FSES of a claimant’s availability:

(1) An unemployed individual shall be eligible to receive benefits with respect to any week only as the division finds that:
(b) He has registered for work at, and thereafter continued to report at the Division which shall be responsible for notification of the Florida State Employment Service, an unemployment compensation claims office in accordance with such regulations as the division commission may prescribe; except, that the division commission may, by regulation not inconsistent with the purposes of this law, waive or alter either or both of the requirements of this subsection as to individuals attached to regular jobs; provided, that no such regulation shall conflict with s. 443.04(1).

As we construe Section 443.06(2) in light of Section 443.05(l)(b), a claimant, in order to receive unemployment compensation benefits, is required to register for work with the Division, which in turn notifies its subsidiary employment service, the FSES, and to pursue any job referrals given him by the FSES.

We are mindful of the rule of law that “ ‘when a statute is amended, it is presumed that the legislature intended it to have a meaning different from that accorded to it before the amendment.’ ” Reino v. State, 352 So. 2d 853, 861 (Fla.1977); Arnold v. Shumpert, 217 So. 2d 116, 119 (Fla.1968). However, the intent behind the amendment of Section 443.06(2) in issue here is readily apparent. Section 443.05(l)(b) was amended to provide that the Division notify the FSES, while employment offices have been deleted from the entities named in Section 443.06(2) to which a claimant must apply for work. Under the two sections read together, a claimant is no longer required to register with an employment office. Rather the employment office (FSES) is contacted by the Division. This interpretation of the amendments is consistent with Section 443.13, which establishes the FSES as an agency within the Division.

Section 443.06(2) not only requires a claimant to register with the Division, but also requires him to accept suitable work when offered by the employment office, Division, or employer. We cannot accept the Board’s contention that claimants may avoid disqualification from receipt of benefits by merely registering with the Division and then refusing to accept job referrals from the FSES. In order to be entitled to receive benefits, claimants must actively seek work. They cannot sit back and rely on employers to approach them with offers, as would follow under the Board’s interpretation. On the contrary, they must pursue any leads available to them, including any FSES referrals. From its very inception the fundamental principle and purpose of the Unemployment Compensation Act have been to compensate those individuals who are unable to find suitable work after earnest effort. Newkirk v. Florida Industrial Commission, 142 So. 2d 750 (Fla. 2d DCA 1962). As was so well stated by the late Chief Judge Kanner of this court in Teague v. Florida Industrial Commission, 104 So. 2d 612, 616 (Fla. 2d DCA 1958):

No one should be denied a meritorious claim for unemployment benefits. Neither should the purpose of the act be perverted, at the expense of others who are compelled to contribute to the fund, with the bizarre result of paying benefits derived from it to persons who are voluntarily idle or indolent and who indicate no sincere desire to work.

The decision of the Board is reversed, and the cause is remanded with instructions to reinstate the decision of the appeals referee.

REVERSED and REMANDED.

GRIMES, C. J., and RYDER, J., concur. . The Division of Employment Security has now been transferred from the Department of Commerce to the newly established Department of Labor and Employment Security. § 20.171, Fla.Stat. (1978 Supp.).

., The Board of Review is now denominated the Unemployment Appeals Commission. § 20.17, Fla.Stat. (1978 Supp.).


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Cited By

  • Alderman v. Unemployment Appeals Comm'n, 664 So. 2d 1160 (Fla. 5th DCA 1995)
    …he statute does not require such a forfeiture. In considering this issue, we first recognized that statutes must be interpreted to facilitate the achievement of their goals in accordance with reason and common sense. Department of Commerce v. Hart, 372 So. 2d 174 (Fla. 2d DCA 1979). The legislative objective of the Unemployment Compensation Law is to “lighten the burden which now so often falls with crushing force upon the unemployed worker and his family.” § 443.021, Fla.Stat. (1993). Furthermore, Unemploym…
  • State v. Parks, 866 So. 2d 172 (Fla. 2d DCA 2004)
    …o be presumed that the legislature intended the statute to have a different meaning than that accorded it before the amendment.”) (citing Capella v. City of Gainesville, 377 So. 2d 658 (Fla.1979)); Dep’t of Commerce, Div. of Employment Sec. v. Hart, 372 So. 2d 174, 176 (Fla. 2d DCA 1979). Parks was arrested for discharging a firearm in February 1998. Therefore, under the 1997 version of section 775.15(5), prosecution on this charge commenced when the information was filed two months later, well within the st…

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