FRANKIE M. GLOVER, APPELLANT,
v.
SANFORD CHILD CARE, INC., AND DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, STATE OF FLORIDA, UNEMPLOYMENT APPEALS COMMISSION, APPELLEES
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Frankie Glover appeals an Unemployment Appeals Commission decision reversing a referee's finding that she was not discharged for misconduct. The Florida appellate court vacates the Commission's order, holding that the Commission violated statutory procedure by substituting its own factual findings for the referee's findings on a credibility issue.
The Commission violated Florida Statutes § 120.57(l)(b)9 by substituting its factual findings for those of the referee without properly determining that the referee's findings lacked support in competent, substantial evidence. On credibility matters, the hearing officer's findings are accorded greater probative force and cannot be overturned by an agency review body absent specific statutory justification.
[1] An administrative agency may not substitute its own findings of fact for those of an appeals referee when the referee's findings are supported by competent, substantial e…
[2] An agency may not reject or modify findings of fact made by a hearing officer unless it determines from a review of the complete record that the findings were not based u…
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Join FLexlaw to unlock all legal intelligence“In determining whether substantial evidence supports the agency's substituted findings of fact, a reviewing court will naturally accord greater probative force to the hearing officer's contrary findings when the question is simply the weight or credibility of testimony by witnesses, or when the factual issues are otherwise susceptible of ordinary methods of proof, or when concerning those facts the agency may not rightfully claim special insight.”
Establishes the standard for reviewing agency substitution of factual findings, particularly regarding credibility determinations
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Join FLexlaw to unlock all legal intelligenceGlover was discharged from her position at Sanford Early Childhood Center. The employer alleged she spanked two children in violation of the center's …
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COBB, Judge.
Frankie Glover appeals from an order of the Unemployment Appeals Commission reversing the referee’s decision. We vacate the order because the Commission has substituted its findings of fact for those of the appeals referee, in violation of section 120.-57(l)(b)9, Florida Statutes (1981).1
After being discharged from employment at the Sanford Early Childhood Center, Glover sought unemployment compensation benefits. The claims adjudicator allowed her claim, notwithstanding the employer’s allegation that Glover was fired because she spanked two children, contrary to the Center’s regulations against corporal punishment. Thereafter, the employer brought the matter before an appeals referee. At the hearing, witnesses for the employer testified that they observed Glover spanking the children. Glover denied doing so. The referee concluded that she had not spanked the children, and therefore was not discharged for “misconduct connected with work.” However, the Commission reversed, stating that the referee’s decision was not supported by competent, substantial evidence.
The propriety of an agency substituting its factual findings for those of a hearing officer was discussed in McDonald v. Dept. of Banking & Finance, 346 So. 2d 569 (Fla. 1st DCA 1977), wherein the court stated:
In determining whether substantial evidence supports the agency’s substituted findings of fact, a reviewing court will naturally accord greater probative force to the hearing officer’s contrary findings when the question is simply the weight or credibility of testimony by witnesses, or when the factual issues are otherwise susceptible of ordinary methods of proof, or when concerning those facts the agency may not rightfully claim special insight.
McDonaid, 346 So. 2d at 579. See also: Brevard County Sheriffs Dept. v. Fla. Commission on Human Relations, 429 So. 2d 1235 (Fla. 5th DCA 1983); Flagler County Sheriff’s Dept. v. Florida Dept. of Labor and Employment Security, 421 So. 2d 1107 (Fla. 5th DCA 1982); City of Umatilla v. Public Employers Relations Commission, 422 So. 2d 905 (Fla. 5th DCA 1982).
In the instant case, the parties presented conflicting testimony on a factual matter over which the Commission cannot claim expertise. The only issue is one of credibility, an area preserved for the fact finder, here, the referee. He believed Glover, and the Commission cannot say that his findings are not supported by competent, substantial evidence.
Accordingly, we vacate the Commission’s order. VACATED and REMANDED.
DAUKSCH and SHARP, JJ., concur. . Section 120.57(l)(b)9, Florida Statutes, provides in pertinent part:
The agency may adopt the recommended order as the agency’s final order. The agency in its final order may reject or modify the conclusions of law and interpretation of administrative rules in the recommended order, but may not reject or modify the findings of fact unless the agency first determines from a review of the complete record, and states with particularity in the order, that the findings of fact were not based upon competent substantial evidence or that the proceedings on which the findings were based did not comply with essential requirements of law.
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Lake Cnty. Sheriff's Dep't v. Unemployment Appeals Comm'n, 478 So. 2d 880 (Fla. 5th DCA 1985)…ommission, 407 So. 2d 319 (Fla. 4th DCA 1981). The UAC cannot reweigh the evidence or substitute its own factual determinations when the hearing officer’s findings are supported by competent, substantial evidence. Glover v. Sanford Child Care, Inc., 429 So. 2d 91 (Fla. 5th DCA 1983). See also Palm Coast Oxygen v. Pelkey, 364 So. 2d 63 (Fla. 4th DCA 1978). We find that the UAC did substitute its own findings of fact for those of the appeals referee whose findings were supported by competent, substantial evide…
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Bozzo v. Safelite Glass Corp. & Fla. Unemployment Appeals Comm'n, 654 So. 2d 1042 (Fla. 3d DCA 1995)…mmediate supervisor’s admonishment. While the claimant testified as to the reasonableness of his actions, the appeals referee [*1043] hearing the case found the testimony of the employer witness to be more credible. See Glover v. Sanford Child Care, 429 So. 2d 91 (Fla. 5th DCA 1983). The Unemployment Appeals Commission adopted the appeals referee’s decision. We find that decision is supported by competent, substantial evidence in the record. Ford v. Southeast Atl. Corp., 588 So. 2d 1039 (Fla. 1st DCA 1991).…
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Dade Cnty. Police Benevolent Ass'n v. City OF Homestead & the Pub. Emps. Relations Comm'n, 444 So. 2d 465 (Fla. 3d DCA 1984)…ry Vending Co. v. State, Dep’t of Business Regulation, Div. of Alcoholic Beverages & Tobacco, 429 So. 2d 790 (Fla. 3d DCA 1983) (whether applicants for cigarette vending machine license of "good moral character”); Glover v. Sanford Child Care, Inc., 429 So. 2d 91 (Fla. 5th DCA 1983) (whether misconduct disqualified employee from entitlement to unemployment compensation benefits); Leapley v. Board of Regents, Fla. State Univ. Sys., 423 So. 2d 431 (Fla. 1st DCA 1982) (whether university employee member of one…
Previewing 3 of 16 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- McDONALD v. Dep't OF Banking & Fin., 346 So. 2d 569 (Fla. 1st DCA 1977)
- City OF Umatilla v. Pub. Emps. Relations Comm'n, 422 So. 2d 905 (Fla. 5th DCA 1982)
- Brevard Cnty. Sheriff's Dep't v. Fla. Comm'n ON Human Relations & E.R. Brannon, Sr., 429 So. 2d 1235 (Fla. 5th DCA 1983)
- Flagler Cnty. Sheriff's Dep't v. Fla. Dep't OF Labor & Emp. Sec., 421 So. 2d 1107 (Fla. 5th DCA 1982)