CITY OF STUART, A POLITICAL SUBDIVISION, PETITIONER,
v.
A. J. MCMULLIAN, III, DIRECTOR, DIVISION OF EMPLOYMENT SECURITY, STATE OF FLORIDA DEPARTMENT OF COMMERCE, RESPONDENT
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The City of Stuart prevailed in its challenge to the Division of Employment Security's attempt to charge it for unemployment compensation benefits that were erroneously paid and subsequently reversed by an appeals referee, as Section 443.07(5)(b), Fla.Stat., explicitly prohibits such charges.
Section 443.07(5)(b), Fla.Stat., prohibits the Division of Employment Security from charging an employer for unemployment compensation benefits that are erroneously paid and finally reversed by an appeals referee.
[1] When an unemployment compensation benefit determination is finally reversed, the employer's account shall not be charged with benefits paid pursuant to the erroneous dete…
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Join FLexlaw to unlock all legal intelligence“if such decision is finally reversed, no employer's account shall be charged with benefits so paid pursuant to the erroneous determination”
Section 443.07(5)(b), Fla.Stat., statutory language regarding employer charges for reversed benefit determinations
The City of Stuart was charged by the Division of Employment Security for unemployment compensation benefits that had been erroneously paid and subseq…
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PER CURIAM.
The primary issue posed by petitioner is that Section 443.07(5)(b),1 Fla.Stat., explicit ly prohibits respondent from charging petitioner for unemployment compensation benefits erroneously paid by respondent and finally reversed and disqualified by an appeals referee. Baptist Baptist Hospital, Inc. v. White
is decisive of the issue involved in this cause and requires reversal.
REVERSED.
BOYER, C. J., RAWLS, J., and MCDONALD, PARKER LEE, Associate Judge, concur. . Sec. 443.07(5)(b), Fla.Stat., provides in part: “. . If a determination allowing benefits is affirmed in any amount by an appeals referee, or is so affirmed by the commission or if a decision of an appeals referee, allowing benefits is affirmed in any amount by the commission, such benefits shall be promptly paid regardless of any further appeal, and no injunction, supersedeas, stay, or other writ or process suspending the payment of such benefits shall be issued bv any court, but if such decision is finally reversed, no employer’s account shall be charged with benefits so paid pursuant to the erroneous determination and benefits shall not be paid for any subsequent weeks of unemployment involved in such reversal.” (emphasis supplied)
. Baptist Hospital, Inc. v. White, 313 So. 2d 106 (1 Fla.App.1975).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Brake v. Fla. Unemployment Appeals Comm'n, 496 So. 2d 975 (Fla. 3d DCA 1986)…the Commission committed a fundamental error in affirming the aforesaid charge to Mr. Brake’s unemployment account because, without dispute, there was utterly no statutory authority for the imposition of this charge. See City of Stuart v. McMullian, 340 So. 2d 1209 (Fla. 1st DCA 1977); Baptist Hospital, Inc. v. White, 313 So. 2d 106 (Fla. 1st DCA 1975); DeThorne v. Beck, 280 So. 2d 448 (Fla. 4th DCA 1973). The final administrative order under review is reversed and the cause is remanded to the Unemployment C…
Authorities Cited
- Baptist Hosp., Inc. v. White, 313 So. 2d 106 (Fla. 1st DCA 1975)