The Florida Senate

¹443.012  Unemployment Appeals Commission.--

(1)  There is created within the Department of Labor and Employment Security an Unemployment Appeals Commission, hereinafter referred to as the "commission." The commission shall consist of a chair and two other members to be appointed by the Governor, subject to confirmation by the Senate. Not more than one appointee must be a person who, on account of previous vocation, employment, or affiliation, is classified as a representative of employers; and not more than one such appointee must be a person who, on account of previous vocation, employment, or affiliation, is classified as a representative of employees.

(a)  The chair shall devote his or her entire time to commission duties and shall be responsible for the administrative functions of the commission.

(b)  The chair shall have the authority to appoint a general counsel and such other personnel as may be necessary to carry out the duties and responsibilities of the commission.

(c)  The chair shall have the qualifications required by law for a judge of the circuit court and shall not engage in any other business vocation or employment. Notwithstanding any other provisions of existing law, the chair shall be paid a salary equal to that paid under state law to a judge of the circuit court.

(d)  The remaining members shall be paid a stipend of $100 for each day they are engaged in the work of the commission. The chair and other members shall also be reimbursed for travel expenses, as provided in s. 112.061.

(e)  The total salary and travel expenses of each member of the commission shall be paid from the Employment Security Administration Trust Fund.

(2)  Members shall serve for terms of 4 years each, except that, beginning July 1, 1977, the chair shall be appointed for a term of 4 years, one member for 3 years, and one member for 2 years. A vacancy for the unexpired term of a member shall be filled in the same manner as provided in this subsection for an original appointment. The presence of two members shall constitute a quorum for any called meeting of the commission.

(3)  The commission is vested with all authority, powers, duties, and responsibilities relating to unemployment compensation appeal proceedings under this chapter.

(4)  The property, personnel, and appropriations relating to the specified authority, powers, duties, and responsibilities of the commission shall be provided to the commission by the Department of Labor and Employment Security.

(5)  The commission shall not be subject to control, supervision, or direction by the Department of Labor and Employment Security in the performance of its powers and duties under this chapter.

(6)  The commission shall make such expenditures, including expenditures for personal services and rent at the seat of government and elsewhere, for law books, books of reference, periodicals, furniture, equipment, and supplies, and for printing and binding as are necessary in exercising its authority and powers and carrying out its duties and responsibilities. All such expenditures of the commission shall be allowed and paid as provided in s. 443.211 upon the presentation of itemized vouchers therefor, approved by the chair.

(7)  The commission may charge, in its discretion, for publications, subscriptions, and copies of records and documents. Such fees shall be deposited in the Employment Security Administration Trust Fund.

(8)  The commission shall maintain and keep open during reasonable business hours an office, which shall be provided in the Capitol or some other suitable building in the City of Tallahassee, for the transaction of its business, at which office its official records and papers shall be kept. The offices shall be furnished and equipped by the commission. The commission may hold sessions and conduct hearings at any place within the state.

(9)  The commission shall prepare and submit a budget covering the necessary administrative cost of the commission.

(10)  The commission shall have a seal for authentication of its orders, awards, and proceedings, upon which shall be inscribed the words "State of Florida-Unemployment Appeals Commission-Seal," and it shall be judicially noticed.

(11)  The commission has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement provisions of law conferring duties upon it.

(12)  Orders of the commission relating to unemployment compensation under this chapter shall be subject to review only by notice of appeal to the district courts of appeal in the manner provided in s. 443.151(4)(e).

History.--s. 11, ch. 99-240.

¹Note.--Section 4, ch. 99-240, provides that "[a]ll actions required by this act shall be accomplished within available appropriations of the Department of Labor and Employment Security."