Appealing a Commission Order to a District Court of Appeal

Florida’s Reemployment Assistance law provides a Commission final order is subject to review by appealing to one of the six District Courts of Appeal in Florida. (See Section 443.151(4)(e), Florida Statutes). A Commission order may be appealed to an appellate district  in which the claimant resides, where the job separation arose, or where the order was issued, which would be the First District Court of Appeal. A complete list of the six Florida District Courts of Appeal and links to their websites can be found at the bottom of this webpage.

An appeal of a Commission final order shall be filed in accordance with the Florida Rules of Appellate Procedure, which provides the form, method, and time for filing an appeal.

To initiate an appeal to a District Court of Appeal(“judicial appeal”), a Notice of Appeal must be filed with the Commission within 30 days of the date the Commission’s order was issued. A copy of the Notice of Appeal must also be filed with the appropriate District Court of Appeal, accompanied by any filing fees required by law. If the Notice of Appeal is only filed with the Commission, the appeal will be sent to the First District Court of Appeal (the appellate district in which the order was issued).

A judicial appeal may be filed by U.S. mail, hand delivery, or in the Florida Courts E-Filing Portal.

The Florida Rules of Appellate Procedure provide what type of documents must be submitted to the court. The party filing the appeal carries the burden of demonstrating to the court through a written "brief" that the Commission made an error that affected the outcome of the case. The Commission is a party to the appeal and will defend its order in court. Other parties involved may do the same. The court does not accept new evidence but instead will review the matter based solely on the evidence that was before the Commission. 

For additional information on filing an appeal of a Commission order, you may visit the web site of the applicable District Court of Appeal.

Florida District Courts of Appeal

Florida First District Court of Appeal
2000 Drayton Drive
Tallahassee, Florida 32399-0950
Telephone: 850-488-6151
Florida First DCA

Florida Second District Court of Appeal
1700 N. Tampa St., Ste 300
Tampa, FL 33602
Telephone:727-610-3740
Florida Second DCA

Florida Third District Court of Appeal
2001 S.W. 117 Ave.
Miami, Florida 33175-1716
Telephone: 305-229-3200
Florida Third DCA

Florida Fourth District Court of Appeal
1525 Palm Beach Lakes Blvd.
West Palm Beach, Florida  33401
Telephone: 561-242-2000
Florida Fourth DCA

Florida Fifth District Court of Appeal
300 South Beach Street
Daytona Beach, Florida 32114
Telephone: 386-947-1530
Florida Fifth DCA

Florida Sixth District Court of Appeal 
811 East Main Street
Lakeland, FL 33801
Telephone: 863-940-6041
Florida Sixth DCA