03-3398 BRENNER V. DEPT. OF BANKING

State: Florida

Court: Florida Third District Court

Docket No: 03-3398 BRENNER V. DEPT. OF BANKING

Case Date: 12/22/2004

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, 2004

RONALD BRENNER, Appellant, vs. DEPARTMENT OF BANKING AND FINANCE and FLORIDA UNEMPLOYMENT APPEALS COMMISSION Appellees.

** ** ** ** ** ** ** CASE NO. 3D03-3398 LOWER TRIBUNAL NO. 03-10084

Opinion filed December 22, 2004. An Appeal from the Florida Unemployment Appeals Commission. Ronald Brenner, in proper person. John D. Maher (Tallahassee), for appellee.

Before LEVY, GERSTEN, and GODERICH, JJ.

PER CURIAM.

Ronald Brenner ("Brenner") appeals from a final order of the Florida Unemployment Appeals Commission ("the Commission"). We affirm the Commission's Order, finding that Section 443.1216(4)(c) 4, Florida Statutes excludes Brenner's position from unemployment compensation benefits. Brenner was let go from his position as Regional Director for the Department of Finance and Banking for the South Florida region. Following his termination, Brenner applied for unemployment

compensation and was denied benefits on the ground that he was ineligible to receive unemployment benefits because he did not have wages for insured work during his base period. Brenner appealed the denial of benefits, and was the only party and witness who

testified at the Hearing; the Department of Banking and Finance did not contest the appeal. The agreed, Appeals that Referee was concluded, employed and in a the Commission later Senior

Brenner

non-tenured,

Management Service position, which was not covered employment under the applicable unemployment benefits statutes and, thus, he was not entitled to wage credits. The Referee found that Brenner served the Department from August 1, 1999 until June 30, 2003, when he was separated from his employment under non-disqualifying conditions. Brenner appealed the Referee's decision to the Commission. The Commission affirmed the Referee's decision, holding that Brenner was disqualified from receiving unemployment benefits. 2 Brenner now

appeals the Commission's final order. Brenner's position as Regional Director is statutorily

governed by section 110.402, Florida Statues, which provides: The Senior Management Service is created as a separate system of personnel administration for positions in the executive branch the duties and responsibilities of which are primarily and essentially policymaking or managerial in nature.

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