The 2023 Florida Statutes (including Special Session C)
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. . . violation of the City of Winter Haven’s policy did not constitute misconduct as defined by section 443.036 . . . It is the employer’s burden to prove misconduct within the meaning of section 443.036(29). Cesar v. . . . assertions on appeal, the 2011 addition of subsection (e) to the definition of “misconduct” in section 443.036 . . . or evil design, or otherwise acted in a way that would constitute misconduct as defined in section 443.036 . . .
. . . Because Contreras’s actions did not constitute “misconduct” as defined in section 443.036(29), Florida . . . “Misconduct” includes “Mon-duct demonstrating conscious disregard of an employer’s interests.” § 443.036 . . .
. . . or evil design, or otherwise acted in a way that would constitute misconduct as defined in section 443.036 . . .
. . . underlying appeals referee determination applied the statutory definition of “misconduct” found in section 443.036 . . . appeals referee’s determination that the claimant was not discharged for misconduct as defined by section 443.036 . . . The Bank relies on the definition of “misconduct” contained in section 443.036(29), specifically the . . . her work, and the RAAC’s order affirming that determination, were correct applications of sections 443.036 . . . Formerly section 443.036(30), Florida Statutes (2013). . . .
. . . See § 443.036(1), Fla. Stat. . . . Unemployment compensation has been renamed "reemployment assistance.” § 443.036(38), Fla. . . . physically and mentally capable of performing the duties of the occupation in which work is being sought.” § 443.036 . . .
. . . See § 443.036(7), Fla. . . . completed calendar quarters immediately preceding the first day of an individual’s benefit year”); § 443.036 . . .
. . . Misconduct connected with work is defined under § 443.036(30), Fla. . . .
. . . See § 443.036(30)(e), Fla. Stat. (2011); Critical Intervention Servs. v. Fla. . . . The rule is not fairly or consistently enforced. § 443.036(30), Fla. . . .
. . . .” § 443.036(37), Fla. Stat. (2012). . . .
. . . we find that Hernandez’s conduct did not meet the statutory definition of misconduct under section 443.036 . . . The determination of whether the employee committed misconduct connected with work under section 443.036 . . . The relevant portions of section 443.036(30) state as follows: (a) Conduct demonstrating conscious disregard . . . The rule is not fairly or consistently enforced. § 443.036(30), Fla. Stat. . . . reasonable standard of behavior or with a carelessness manifesting “culpability or wrongful intent.” § 443.036 . . .
. . . See § 443.036(30)(3), Fla. Stat. (2011). WARNER, GROSS and CIKLIN, JJ., concur. . . .
. . . .” § 443.036(30)(a), Fla. Stat. (2011). . . . disregard of the reasonable standards of behavior which the employer expects of his or her employee.” § 443.036 . . .
. . . . § 443.036(30)(e), Fla. Stat. (2011). . . . defined in the statute), it was then incumbent upon Edwards to show one of the exceptions under section 443.036 . . . he did not know of the rule, and he “could not reasonably know” of the requirements of the rule. § 443.036 . . .
. . . . § 443.036(30), Fla. Stat. (2011). . . . referee found Laneri substantially disregarded his duties and obligations to Worldwide under section 443.036 . . .
. . . The term “misconduct” is defined, in section 443.036(30), as: (a) Conduct demonstrating conscious disregard . . . Subsection (e) of section 443.036 (underlined above) was added by the legislature and became effective . . . illegal or not reasonably related to the job, or that the rule is not fairly or consistently enforced. § 443.036 . . . Having reviewed the record below in light of the statutory requirements of section 443.036(30), Florida . . .
. . . As defined in section 443.036(36), Florida Statutes (2010), and under the rule of liberal construction . . . .” § 443.036(36), Fla. Stat. (2010). Mr. . . .
. . . .” § 443.036(43)(a), Fla. Stat. (2009). . . . “a period of 7 consecutive days as defined in the rules of the Agency for Workforce Innovation.” § 443.036 . . .
. . . argues the UAC’s order should be reversed because he did not commit misconduct as defined by section 443.036 . . .
. . . We reverse because Flint’s action did not constitute “misconduct” as defined by section 443.036(29), . . . policy over a fourteen-year career did not rise to the level of misconduct contemplated in section 443.036 . . .
. . . .” § 443.036(1), Fla. Stat. (2010). . . . .” § 443.036(6), Fla. Stat. (2010). . . .
. . . Section 443.036(29), Florida Statutes (2010), provides that “misconduct” includes, but is not limited . . . his or her employee[,]” which is disqualifying misconduct connected with work under the statute. § 443.036 . . .
. . . matter of law in its interpretation of the statutory definition of “totally unemployed” in section 443.036 . . . or she' does not perform any services and for which earned income is not payable to him or her.” § 443.036 . . . commissions, bonuses, ... and the cash value of all remuneration paid in a medium other that cash.” § 443.036 . . .
. . . necessary certification exam did not rise to the level of disqualifying misconduct defined in section 443.036 . . .
. . . “Misconduct” is defined in section 443.036(29) of the Florida Statutes as follows: (29) "Misconduct” . . . disregard of the employer’s interests or of the employee’s duties and obligations to his or her employer. § 443.036 . . .
. . . .” § 443.036(29)(a), Fla. Stat. (2009). Affirmed. GROSS, C.J., WARNER and MAY, JJ., concur. . . .
. . . Section 443.036(29), Florida Statutes (2009), defines misconduct sufficient to disqualify someone unemployment . . .
. . . Section 443.036(29), Florida Statutes (2010), defines “misconduct” for purposes of a disqualification . . .
. . . To be considered “available for work” within the meaning of section 443.036(6), Florida Statutes, the . . .
. . . Under section 443.036(29), Florida Statutes (2009): (29) “Misconduct” includes, but is not limited to . . . We find no error in the Commission’s interpretation of section 443.036(29) as applied to the facts above . . .
. . . Misconduct is defined in section 443.036(29) of the Florida Statutes: “Misconduct” includes, but is not . . .
. . . . § 443.036(29), Fla. Stat. (2009). . . .
. . . See § 443.036(29), Fla. Stat. (2010). . . . See § 443.036(30), Fla. Stat. (2010). . . . See § 443.036(29), (31), Fla. Stat. (2010). . . .
. . . Further, section 443.036(1), Florida Statutes (2009), provides that “able to work means physically and . . . mentally capable of performing the duties of the occupation in which work is being sought,” and section 443.036 . . .
. . . .” § 443.036(26)(b), Fla. Stat. (1995). . . . Misconduct, as defined in section 443.036(29)(b), Florida Statutes (2009), likewise reflects the requirement . . .
. . . Section 443.036(29), Florida Statutes (2009), defines “misconduct” for purposes of determining whether . . . who. is discharged because of excessive, unauthorized absenteeism commits “misconduct” under section 443.036 . . .
. . . Section 443.036(29), Florida Statutes (2009), defines misconduct sufficient to deny unemployment benefits . . .
. . . See § 443.036(29), Fla. Stat. (2009). The Commission affirmed this decision. . . .
. . . dismiss her from her job of fourteen years, rises to the level of “misconduct” as defined in section 443.036 . . . in May 2009, but her claim was denied because she was dismissed for “misconduct” pursuant to section 443.036 . . . borrower, but she contends that this was a mistake evidencing poor judgment, not misconduct under section 443.036 . . . The controlling statute, section 443.036(29), defines “misconduct” as: Conduct demonstrating willful . . . “found to be a deliberate violation or disregard of the standards of behavior” pursuant to section 443.036 . . .
. . . . § 443.036(29), Fla. Stat. (2008). . . . referee correctly concluded that the claimant’s actions constituted misconduct as defined under section 443.036 . . .
. . . Section 443.036(29), Florida Statutes (2008), defines “misconduct” as follows: “Misconduct” includes, . . .
. . . has been discharged by his or her employing unit for misconduct connected with his or her work”); § 443.036 . . .
. . . .” § 443.036(29)(a> (b), Fla. Stat. (2008). The evidence revealed friction between Mr. . . . decide — this conduct neither evinced “willful or wanton disregard of an employer’s interests,” section 443.036 . . . negligence to a degree or recurrence that manifests culpability, wrongful intent, or evil design.” § 443.036 . . . or evil design, or otherwise acted in a way that would constitute misconduct as defined in section 443.036 . . .
. . . .” § 443.036(29)(b), Fla. Stat. (2008). . . .
. . . Misconduct is defined as follows: § 443.036(29), Fla. Stat. (2008). . . .
. . . . § 443.036(29), Fla. Stat. (2008). . . .
. . . Whether an employee has committed misconduct connected with work is determined by section 443.036, Florida . . . See § 443.036(29)(a), Fla. Stat. (2008). . . .
. . . See § 443.036(1), 443.036(6), and 443.09(l)(c), Fla. Stat. (2007); Rule 60BB-3.021, Fla. Admin. . . . physically and mentally capable of performing the duties of the occupation in which work is being sought.” § 443.036 . . . Available for work’ means actively seeking and being ready and willing to accept suitable employment.” § 443.036 . . . undisputed evidence adduced at the hearing is that Chapman is “able to work,” as contemplated in section 443.036 . . .
. . . .” § 443.036(29)(a), Fla. Stat. . . .
. . . because her use of county inmates for her personal business constituted misconduct pursuant to section 443.036 . . .
. . . warranting the termination of an employee arises to the level of “misconduct” as defined by section 443.036 . . . her employee,” nor does it constitute “carelessness or negligence” of the degree detailed in section 443.036 . . . Unemployment Appeals Commission, 914 So.2d 1033 (Fla. 1st DCA 2005), and other decisions. .Section 443.036 . . .
. . . See § 443.036(29), Fla. Stat.; Salinas v. . . .
. . . See § 443.036(29), Fla. . . .
. . . . § 443.036(29)(a-b), Fla. Stat. (2004). . . . See §§ 443.036(29), 443.101, Fla. Stat.’ ”) (quoting Cohen v. Fla. Unemplmt. App. . . .
. . . property in his briefcase, amounted to misconduct connected with work within the meaning of section 443.036 . . .
. . . Nerenberg relies on section 443.036(20)(b), Florida Statutes (2005), to support his contention that there . . . It contends that under section 443.036(35)(a), which defines a public employer, each state agency or . . . Subsection 443.036(20)(b) provides: Each individual performing services in this state for an employing . . . Subsection 443.036(35) is a more specific provision addressing the question presented here. . . . And, we conclude that the issue raised in this appeal is controlled by section 443.036(35), which defines . . .
. . . See § 443.036(29), Fla. Stat. (2005). . . . Section 443.036(29) defines misconduct as follows: “Misconduct” includes, but is not limited to, the . . .
. . . resulted in her discharge from employment, did not rise to the level of misconduct as defined in section 443.036 . . . disregard of the employer’s interests or of the employee’s duties and obligations to his or her employer. § 443.036 . . .
. . . Misconduct is defined in Section 443.036(29), Florida Statutes (2005), as follows: (29) “Misconduct” . . .
. . . See 443.036(29), Fla. Stat. (2005). . . . Section 443.036(29) in pertinent part provides: "Misconduct" includes, but is not limited to, the following . . .
. . . concluded that Claimant’s absences did not constitute misconduct connected with work under section 443.036 . . .
. . . DCA 1989), and affirming denial of benefits to this same claimant under the 2003 version of section 443.036 . . . Senior Management Service), and Gray, 541 So.2d at 1320 (concluding that the 1987 version of section 443.036 . . . The 2002 version of section 443.036(21) on which the majority relies, also excluded from unemployment . . . the laws of this state, is designated as a major nontenured policymaking or advisory position ...." § 443.036 . . . . § 443.036(21)(d)4., Fla. Stat. (2002) (emphasis added). . . .
. . . The standard for misconduct is identified in section 443.036(29), Florida Statutes. See Durall v. . . . disregard of the standards of behavior which the employer has a right to expect of his or her employee. § 443.036 . . .
. . . employee’s duties and obligations to his or her employer,” which is the required showing under section 443.036 . . . misconduct as would disqualify him from receipt of unemployment benefits within the meaning of section 443.036 . . . “Misconduct” for purposes of unemployment compensation benefits is defined in section 443.036(29), Florida . . .
. . . work or voluntarily left work without good cause as provided in Sections 443.101(1), (9), (10), (11); 443.036 . . .
. . . contends that his acts did not constitute misconduct in connection with work within the meaning of section 443.036 . . . "Misconduct” is defined in section 443.036(29), Florida Statutes (2003): (29) "Misconduct” includes, . . .
. . . See § 443.036(29), Fla. Stat. (2004). Because there was no competent, substantial evidence that Mr. . . . Byrum’s absences amounted to misconduct under section 443.036(29). . . .
. . . Velazquez’s tardiness falls within the statutory definition of misconduct as outlined in section 443.036 . . . Section 443.036(29) defines misconduct to include the following: (a) Conduct demonstrating willful or . . .
. . . See § 443.036(39). It was uncon-troverted that Mr. . . .
. . . review, in that the appeal turns on whether the Commission correctly applied the provisions of section 443.036 . . . I see nothing unreasonable in the Commission’s interpretation of section 443.036(29). . . . Section 443.036(29)(a) defines misconduct as "[c]onduct demonstrating willful or wanton disregard of . . .
. . . Section 443.036(29), Florida Statutes (2003), defines “misconduct” sufficient to support the denial of . . . negligence to a degree or recurrence that manifests culpability, wrongful intent, or evil design.” § 443.036 . . .
. . . . § 443.036(29), Fla. Stat. (2004). . . .
. . . .” § 443.036(29)(a), Fla. Stat. (2003). . . .
. . . Section 443.036(21)(c), Florida Statutes (2002) provides: “[t]he term ‘employment’ includes service performed . . . supervised, controlled, or principally supported by a church or convention or association of churches. § 443.036 . . . We find that these employers both qualify as non-liable employers under section 443.036(21), Florida . . . Comanic's term of employment is controlled by section 443.036. . . . . . § 443.036(7), Fla. Stat. . . . .
. . . .” § 443.036(29)(a), Fla. Stat. (2003). In Scardino v. . . .
. . . Based on these facts, pursuant to sections 443.036(21), and 443.036(27), Florida Statutes, this type . . . See §§ 443.036(27), and 443.091(1)(f), Fla. Stat. (2004). . . . The appeals referee cited to section 443.036(21)(d)(l)(a), Florida Statutes, which no longer exists. . . .
. . . . § 443.036(29). . . .
. . . Misconduct is defined in section 443.036(29), Florida Statutes (2004), as follows: “Misconduct” includes . . .
. . . determination that Robinson was disqualified from receiving unemployment benefits pursuant to section 443.036 . . .
. . . contends that his acts did not constitute misconduct in connection with work within the meaning of section 443.036 . . . "Misconduct” is defined in section 443.036(29), Florida Statutes (2003): (29) "Misconduct” includes, . . .
. . . not a sufficient basis for determining that he engaged in “misconduct” within the meaning of section 443.036 . . . Girgis’ conduct amounted to “misconduct” is governed by section 443.036(29), Florida Statutes (2003), . . .
. . . Section 443.036(29), Florida Statutes (2003), defines “misconduct” as: “Misconduct” includes, but is . . .
. . . referee that appellant, Claude Greenfield, was disqualified from receiving benefits under sections 443.036 . . .
. . . Cases construing the definition of misconduct under section 443.036(29), Florida Statutes (2003), have . . .
. . . Commission, which concluded that the claimant was disqualified from receiving benefits under sections 443.036 . . .
. . . Section 443.036(27), Florida Statutes, defines “insured work” as “employment for employers.” § 443.036 . . . Additionally, section 443.036(21), Florida Statutes, defines “employment” as “a service subject to this . . . chapter under section '443.1216 which is performed by an employee for the person employing him or her.” § 443.036 . . .
. . . LaCharite’s actions constituted disqualifying misconduct connected with work within the meaning of section 443.036 . . . Section 443.036(29), Florida Statutes (2003), defining the term “misconduct,” provides: “Misconduct” . . . they do not necessarily demonstrate the existence of disqualifying misconduct contemplated by section 443.036 . . . See §§ 443.036(29), Fla. Stat. (2003). . . .
. . . judgment or loss of self-control by a longtime employee does not constitute misconduct under section 443.036 . . .
. . . compensation benefits on the basis of the finding below that he had been discharged for misconduct, section 443.036 . . .
. . . .” § 443.036(29), Fla. Stat. (2003); Castillo v. . . .
. . . Commission, which concluded that the claimant was disqualified from receiving benefits under sections 443.036 . . .
. . . .” § 443.036(29), Fla. Stat. (2003); Castillo v. . . .
. . . . § 443.036(29), Fla. Stat. (2001). . . .
. . . .” § 443.036(29), Fla. Stat. (2002). . . .
. . . . § 443.036(29), Fla. Stat. (2002). . . .
. . . . § 443.036(29)(a)-(b), Fla. Stat. (2003). . . .
. . . this isolated incident of poor judgment did not constitute misconduct within the meaning of section 443.036 . . . Section 443.036(29), Florida Statutes (2003), provides: (29) “Misconduct” includes, but is not limited . . .
. . . receiving benefits because he was discharged for misconduct connected with work as defined in section 443.036 . . . Florida Unemployment Appeals Comm’n, 645 So.2d 1078 (Fla. 3d DCA 1994), citing § 443.036(26), Fla. . . .
. . . Section 443.036(29), Florida Statutes (2002), defines “misconduct” for purposes of determining whether . . . who is discharged because of excessive unauthorized absenteeism commits “misconduct” under section 443.036 . . . to the employee to rebut the presumption that the absenteeism constituted “misconduct” under section 443.036 . . .
. . . argues that UAC’s order should be reversed because she did not commit misconduct as defined by section 443.036 . . . Section 443.036(29), Florida Statutes (2002), defines misconduct as (a) Conduct evincing such willful . . . Under a liberal construction of section 443.036, Appellant did not commit misconduct. . . .
. . . Section 443.036(29), Florida Statutes (2001), defines the term “misconduct” for purposes of unemployment . . .