RAMON L. GRAY, APPELLANT,
v.
FLORIDA UNEMPLOYMENT APPEALS COMMISSION, APPELLEE
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A senior management service position, designated as policymaking or advisory and not requiring more than 8 hours per week, is exempt from unemployment compensation coverage.
[1] Positions designated as major nontenured policymaking or advisory positions are excluded from unemployment compensation benefits.
[2] Positions designated as policymaking or advisory positions, the performance of which ordinarily does not require more than 8 hours per week, are excluded from unemploymen…
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Join FLexlaw to unlock all legal intelligenceRamon Gray, a Regional Director with the Department of Corrections, was terminated from a nontenured senior management service position. His claim for…
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ZEHMER, Judge.
Ramon Gray appeals an Unemployment Appeals Commission order that affirmed the denial of his claim for unemployment compensation benefits. The claim was denied because the government position from which he had been terminated, Regional Director with the Department of Corrections, is a nontenured senior management service position that is exempt from coverage under chapter 443, Florida Statutes.
Section 110.402(1), Florida Statutes (1987), defines senior management service as including executive branch positions having “duties and responsibilities” that are “primarily and essentially policy-making or managerial in nature.” Such positions are non-tenured. Section 110.-403(l)(a), Fla.Stat. (1987). Section 443.-036(18), Florida Statutes (1987), defines employment for purposes of unemployment compensation benefits under chapter 443. It contains an explicit exclusion in subsection 443.036(18)(d)4 d. regarding service performed in the employ of a governmental entity
“in a position which, under or pursuant to the laws of this state, is designated as a major nontenured policymaking or advisory position or a policymaking or advisory position, the performance of the duties of which ordinarily does not require more than 8 hours per week.
(Emphasis added.)
Because the emphasized portion of this section is separated from the remainder of the sentence by the disjunctive conjunction “or,” we agree with the appeals referee and the Commission that the statutory exclusion in this section applies to two types of positions: (1) major nontenured policy-making or advisory positions, and (2) other policymaking or advisory positions in which the performance of duties does not require more than 8 hours per week. We also agree that this exclusion is applicable to positions in senior management service. Consequently, appellant' was terminated from a position exempt from coverage under chapter 443 and thus was not entitled to compensation benefits.
AFFIRMED.
SHIVERS and BARFIELD, JJ., concur.
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Brenner v. Dep't OF Banking & Fin. & Fla. Unemployment Appeals Comm'n, 892 So. 2d 1129 (Fla. 3d DCA 2004)…created under section 110.402 ....” § 443.1216(4)(c)4, Fla. Stat. (2003). Thus, Brenner’s employment was excluded from unemployment benefit coverage pursuant to section 443.1216(4)(c)4, Florida Statutes. In Gray v. Unemployment Appeals Commission, 541 So. 2d 1319, 1320 (Fla. 1st DCA, 1989), the Court found that the “Regional Director with the Department of Corrections” was a non-tenured senior management service position that was ex.empt from coverage under chapter 443, Florida Statutes. Id. at 1320. Tradit…
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Brenner v. Fla. Unemployment Appeals Comm'n, 929 So. 2d 630 (Fla. 3d DCA 2006)…ully dissent and would affirm the Unemployment Appeals Commission’s [*633] decision to deny benefits on the authority of Brenner v. Dept. of Banking and Fin., 892 So. 2d 1129 (Fla. 3d DCA 2004) (citing to Gray v. Florida Unemployment Appeals Comm’n, 541 So. 2d 1319, 1320 (Fla. 1st DCA 1989), and affirming denial of benefits to this same claimant under the 2003 version of section 443.036(21)3 because of his position in the Senior Management Service), and Gray, 541 So. 2d at 1320 (concluding that the 1987 versio…