How do I appeal an unemployment insurance denial in Florida?
1. Agency. FloridaCommerce (formerly Department of Economic Opportunity) administers Reemployment Assistance through the CONNECT system under Fla. Stat. Ch. 443.
2. Common Disqualifications. Voluntary quit without good cause attributable to the employer (Fla. Stat. § 443.101(1)(a)), discharge for misconduct (§ 443.036(30)), refusal of suitable work (§ 443.101(2)), failure to maintain work-search records, or receipt of severance/vacation pay.
3. Determination Notice. FloridaCommerce posts a Notice of Determination in CONNECT and mails a copy stating the reason and appeal rights.
4. Appeal Deadline. 20 calendar days from the mailing date of the determination (Fla. Stat. § 443.151(4)(b)). Late appeals require good cause.
5. Filing the Appeal. File through CONNECT, by mail, or by fax to the Office of Appeals.
6. First-Level Hearing. The Office of Appeals conducts a telephonic de novo hearing before an Appeals Referee (Fla. Stat. § 443.151(4)(c)). Both parties testify under oath, submit evidence, and cross-examine witnesses.
7. Burden of Proof. Employer bears the burden on misconduct discharge; claimant bears the burden on good-cause voluntary quit and on able/available.
8. Decision. The Referee mails a written decision typically within 14-30 days.
9. Second-Level Administrative Appeal. Appeal to the Reemployment Assistance Appeals Commission (RAAC) within 20 days of the Referee's decision (Fla. Stat. § 443.151(4)(e)). The Commission reviews the record without new evidence.
10. Judicial Review. File a petition for review with the District Court of Appeal within 30 days under Fla. R. App. P. 9.110; review is on the substantial-evidence standard.
11. Continued Filing. Continue claiming weeks in CONNECT throughout the appeal to preserve back-pay rights.
12. Overpayment. If you lose, FloridaCommerce issues an overpayment notice; waiver is available only for non-fault overpayments where recovery would be against equity and good conscience (Fla. Stat. § 443.151(6)).
This is legal information, not legal advice.
- Employer is represented by a hearing representative or attorney
- FloridaCommerce alleges fraud or 15% monetary penalty
- Your underlying separation involves a workers' comp or whistleblower claim
- Fla. Stat. Ch. 443
- Fla. Stat. § 443.151
- Fla. Stat. § 443.101
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.