KEN CAMPBELL, APPELLANT,
v.
CENTRAL FLORIDA ZOOLOGICAL SOCIETY AND DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, STATE OF FLORIDA, UNEMPLOYMENT APPEALS COMMISSION, APPELLEES
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The court held that the Unemployment Appeals Commission erred in reversing the referee's finding because the only evidence presented was inadmissible hearsay.
Appellant was disqualified from unemployment compensation due to alleged misconduct. The referee found a lack of substantial competent evidence, but t…
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COBB, Judge.
Appellant, Ken Campbell, appeals from an order of the Unemployment Appeals Commission reversing the appeals referee and determining that he was disqualified from unemployment compensation due to misconduct connected with his work. We reverse.
The referee determined that since the witnesses who appeared at the hearing had no firsthand knowledge of the incidents giving rise to Campbell’s termination, but merely related information they had obtained from others, there was a lack of substantial competent evidence to find misconduct. The Commission’s reversal of this finding cannot stand as a matter of law, since the only evidence presented at the hearing was hearsay.
Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. § 120.58(l)(a), Fla.Stat. (1981); Pasco County School Board v. Florida Public Employees Relations Commission, 353 So. 2d 108 (Fla. 1st DCA 1977). Campbell’s statements at the hearing, on which the Commission bases its finding, do not rise to the level of competent, substantial evidence allowing the hearsay to be brought in. The Commission erred in overturning the referee’s findings. Accordingly, the order of the Commission is reversed and the cause remanded.
REVERSED and REMANDED.
ORFINGER, C.J., and FRANK D. UP-CHURCH, Jr., J., concur.
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Harris v. Game & Fresh Water Fish Comm'n, 495 So. 2d 806 (Fla. 1st DCA 1986)…ver objection in civil actions. Section 120.-58(l)(a), Florida Statutes (1983).1 See also Pasco County School Board v. Florida Public Employees Relations Commission, 353 So. 2d 108 (Fla. 1st DCA 1977); Campbell v. Central Florida Zoological Society, 432 So. 2d 684 (Fla. 5th DCA 1983). An examination of the record in the present case reveals that the findings of the Commission were based solely on hearsay evidence and therefore must be set aside. The Commission’s findings that appellant had in fact been convi…
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Sheriff OF Monroe Cnty. v. Unemployment Appeals Comm'n & Alfonso J. Madoz, 490 So. 2d 961 (Fla. 3d DCA 1986)…be admissible over objection in civil actions.” § 120.58(1)(a), Fla.Stat. (Supp.1984); Fla. Admin.Code Rule 38E-5.24(4)(d); Spicer v. Metropolitan Dade County, 458 So. 2d 792 [*964] (Fla. 3d DCA 1984); Campbell v. Central Florida Zoological Society, 432 So. 2d 684 (Fla. 5th DCA 1983); Byer v. Florida Real Estate Commission, 380 So. 2d 511 (Fla. 3d DCA 1980). Thus, the burden of disproving the employer’s allegations never shifted to the employee. For these reasons, I would affirm. . The following interchange…
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Silvia v. Cumberland Farms, Inc., 588 So. 2d 1069 (Fla. 4th DCA 1991)…d be admissible over objection in civil actions, such hearsay is generally admissible in an administrative action and may be used to supplement or explain other evidence. Section 120.58, Fla.Stat. (1989); Campbell v. Central Fla. Zoological Society, 432 So. 2d 684, 685 (Fla. 5th DCA 1983). Thus, in Poirier v. Dep’t of Health and Rehabilitative Serve., 351 So. 2d 50 (Fla. 1st DCA 1977), the court refused to find error in the admission of hearsay evidence, when no finding of fact contained in a hearing examiner…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Pasco Cnty. Sch. Bd. v. Fla. Pub. Emps. Relations Comm'n & Pasco Cnty. Classroom Teachers Ass'n, 353 So. 2d 108 (Fla. 1st DCA 1977)