WILLIAM G. REEVES, APPELLANT,
v.
FLORIDA UNEMPLOYMENT APPEALS COMMISSION AND DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, APPELLEE
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William Reeves appealed an Unemployment Appeals Commission decision that reversed his unemployment benefits award based on his Senior Management Service position. The court reversed, holding that the Division of Unemployment Compensation lacked authority to reconsider its initial benefits determination because the employer's late protest did not constitute new information within the statutory reconsideration standard.
The Division's reconsideration was unauthorized because the employer's protest did not constitute new information or evidence within the statutory meaning; the Senior Management Service eligibility issue was the very question under consideration from the claims process's inception, making the initial determination final after 20 days.
[1] An employer's protest of an unemployment benefits determination, sent more than 20 days after the determination was mailed, is untimely as an appeal.
[2] A division may reconsider a determination of unemployment benefits only if it finds an error or discovers new evidence or information pertinent to the determination subse…
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Join FLexlaw to unlock all legal intelligence“an employer or claimant must file an appeal of a benefits determination within 20 days after the Division mails such determination”
Establishes the strict 20-day deadline that made DBPR's July 30 protest untimely
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Join FLexlaw to unlock all legal intelligenceReeves was discharged from the Department of Business and Professional Regulation (DBPR) and filed for unemployment benefits. The Division issued a de…
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PER CURIAM.
The claimant below appeals from an order of the Unemployment Appeals Commission (Commission) and raises three issues. Because we reverse on the first issue, we need not address the others.
Immediately following his discharge from the Department of Business and Professional Regulation (DBPR), appellant initiated the process of filing a claim for benefits with the Division of Unemployment Compensation (Division). Over the next several months, appellant and the Division were engaged in resolving the question of appellant’s eligibility for such benefits because the position he had held was part of the Senior Management Service under section 110.205(2), Florida Statutes. The Division then issued a determination awarding appellant unemployment benefits, which it mailed on June 4, 1999.
On July 30, DBPR sent a letter to the Division, “to protest the payment of unemployment compensation” to appellant and asserted as grounds that appellant had occupied a position in the Senior Management Service and therefore was not eligible for benefits. Subsequently, on August 19, 1999, the Division sent appellant a “Reconsideration Determination” stating that the Division had reexamined his claim and determined that the position he held was excluded from unemployment compensation coverage. At the same time, the Division informed appellant that he must repay the benefits already paid him. 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(8)(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. See Fla. Admin. 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)l., 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 pertinent to such determination has been discovered subsequent to any previous determination or redetermination.” See, e.g., Blaser v. 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)l. The record clearly demonstrates that this was the very issue under consideration by the Division from the beginning of the claims process. Accordingly, the Division’s redetermination was not authorized by the statute and the determination that granted appellant benefits became final 20 days after it was mailed. See Guido v. Vincam Human Res., Inc., 729 So. 2d 968 (Fla. 3d DCA 1999).
We reverse the Commission’s order and remand with directions to reinstate the June 4, 1999, determination awarding appellant benefits.
MINER, KAHN and WEBSTER, JJ., concur.
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Grover v. Brumell Investigations, Inc., 915 So. 2d 750 (Fla. 2d DCA 2005)…ized absent some factual error in the initial determination or new evidence that would justify a redeter-mination. See, e.g., Willis v. Fla. Unemployment Appeals Comm’n, 890 So. 2d 535 (Fla. 1st DCA 2005); Reeves v. Fla. Unemployment Appeals Comm’n, 782 So. 2d 525 (Fla. 1st DCA 2001); Guido v. Vincam Human Resources, Inc., 729 So. 2d 968 (Fla. 3d DCA 1999). In Reeves, the most nearly analogous of these decisions, the claimant was discharged from the Department of Business and Professional Regulation (DPBR) a…
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Willis v. Fla. Unemployment Appeals Comm'n & Commander Dep't of the Army, 890 So. 2d 535 (Fla. 1st DCA 2005)…03 order and REMAND to the UAC for it to reinstate its June 25, 2003 order. BROWNING, LEWIS and POLSTON, JJ. concur. . Thus, reconsideration based upon new evidence or information was not authorized. See Reeves v. Fla. Unemployment Appeals Comm'n, 782 So. 2d 525, 526 (Fla. 1st DCA 2001) (stating that reconsideration was not authorized because the issue raised for reconsideration was the very issue the Division considered from the very beginning of the claims process). . Allowing a party to- continuously se…
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Ponce v. Fla. Unemployment Appeals Comm'n, 47 So. 3d 929 (Fla. 3d DCA 2010)…covered after a prior determination or redetermination.” The provision does not permit re-determination if the “new information” was actually available at the time of the initial determination or hearing. Reeves v. Fla. Unemployment Appeals Comm’n, 782 So. 2d 525 (Fla. 1st DCA 2001); Guido v. Vincam Human Resources, Inc., 729 So. 2d 968 (Fla. 3d DCA 1999). But in this case, Ms. Ponce sought to provide information that, on its face, appears to be quite pertinent to her claim — the agency regulating nursing as…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Guido v. Vincam Human Res., Inc., 729 So. 2d 968 (Fla. 3d DCA 1999)
- Blaser v. Unemployment Appeals Comm'n & Bridgestone-Firestone, Inc., 687 So. 2d 337 (Fla. 4th DCA 1997)