Florida Department of Commerce requires same-day copies of reemployment appeal filings to the opposing party
As of our last check on November 4, 2026, this is in effect, since June 22, 2026.
We check the Florida Administrative Register daily for later notices on this rule.
In short
- What changed
- The Florida Department of Commerce adopted amendments to the Reemployment Assistance Appeals Commission's procedural rules, effective June 22, 2026. A copy of each brief, motion or request must now go to the opposing party on the same date it goes to the Commission, the rule no longer lists the delivery methods for that copy, and the term 'administrative record' is now defined for supplemental evidence.
- Who's affected
- Employers that are parties to a reemployment assistance appeal before the Commission, and the legal, compliance or HR staff who handle those appeals.
- What to do
- When you file a brief, motion or request with the Commission, provide a copy to the opposing party on the same date. Also give the hearing referee your evidence before the hearing, because the Commission's own review of administrative records does not cover evidence you should have provided then.
What changed
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From the sourceHistory of this Rule, Final row
73B-21.010 Briefs and Motions 30973378 Effective: ... 06/22/2026
The amendments were adopted and took effect on June 22, 2026.
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From the sourceRule 73B-21.010(5)
A copy of all briefs, motions, or requests shall [added: also] be [added: provided to] [deleted: served on] the opposing party or parties [added: on the same date as provided to the Commission]
Rule 73B-21.010(5) now requires that a copy of every brief, motion or request also be provided to the opposing party or parties on the same date it is provided to the Commission.
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From the sourceRule 73B-21.010(5)
[deleted: by hand delivery, courier, or by mail]
Also: Summary
The amendments to Rule 73B-21.010 clarify that documents filed with the Commission shall be contemporaneously served on the opposing party and remove language limiting the methods that parties can serve such documents.
The rule removes the old list of methods (hand delivery, courier or mail) for delivering the copy to the opposing party.
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From the sourceRule 73B-21.010(5)
Briefs, motions or requests may be [added: provided] [deleted: transmitted] by hand delivery ... shall be considered filed when received by the Commission.
Filings with the Commission may still go by hand delivery, courier, mail, email or fax, and count as filed when the Commission receives them.
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From the sourceRule 73B-21.011(2)(a)
For purposes of this rule, administrative record means records generated by the Florida Department of Commerce and the Florida Department of Revenue as the agent of the Florida Department of Commerce relating to reemployment assistance tax services.
Also: Rule 73B-21.011(2)(a)
This does not include evidence that a party should have provided the referee prior to the hearing in accordance with Rule 73B-20.015, F.A.C.
Rule 73B-21.011(2)(a) now defines the administrative record the Commission may investigate for supplemental evidence: records generated by the Florida Department of Commerce, and by the Florida Department of Revenue as its agent, relating to reemployment assistance tax services. It excludes evidence a party should have given the hearing referee before the hearing under Rule 73B-20.015.
Who is affected
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From the sourceSummary of Statement of Estimated Regulatory Costs
The proposed rules amend established hearing procedures for reemployment assistance appeals and have no economic impact.
The rules govern hearing procedures in reemployment assistance appeals before the Reemployment Assistance Appeals Commission.
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Our analysisRule 73B-21.010(5)
the opposing party or parties [added: on the same date as provided to the Commission]
Employers are affected when they are a party to such an appeal and file briefs, motions or requests, or receive them from the opposing party. The rule speaks of parties and does not name employers specifically.
What it means in practice
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From the sourceSummary of Statement of Estimated Regulatory Costs
The Agency has determined that this will not have an adverse impact on small business
The agency found the change will not have an adverse impact on small business and has no economic impact.
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Our analysisRule 73B-21.010(5)
the opposing party or parties [added: on the same date as provided to the Commission]
Employers that file in appeals need a habit of sending the opposing party a copy the same day they file, rather than later.
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Our analysisRule 73B-21.011(2)(a)
This does not include evidence that a party should have provided the referee prior to the hearing in accordance with Rule 73B-20.015, F.A.C.
Employers cannot rely on the Commission's investigation of administrative records to bring in evidence they should have given the referee before the hearing, so timely evidence submission matters more.
What to do
AmendSignal analysis sorts these by whether this document changes them.
New or changed
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From the sourceRule 73B-21.010(5)
A copy of all briefs, motions, or requests shall [added: also] be [added: provided to] [deleted: served on] the opposing party or parties [added: on the same date as provided to the Commission]
A party that files a brief, motion or request with the Commission must also provide a copy to the opposing party or parties on the same date it is provided to the Commission.
Worth considering
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Our suggestionRule 73B-21.010(5)
the opposing party or parties [added: on the same date as provided to the Commission]
Consider updating your reemployment assistance appeal procedures so that whoever files a brief, motion or request with the Commission sends the opposing party a copy the same day.
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Our suggestionRule 73B-21.011(2)(a)
This does not include evidence that a party should have provided the referee prior to the hearing in accordance with Rule 73B-20.015, F.A.C.
Consider making sure the people who handle appeals give the hearing referee all relevant evidence before the hearing, since the Commission's review of administrative records does not reach evidence that should have been provided then.
Open questions
The source leaves these open. We'll update this record if a later document answers them.
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Did the amendment to Rule 73B-21.011 on supplemental evidence also take effect on June 22, 2026?
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Which delivery methods count for providing the copy to the opposing party?
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Does 'the same date as provided to the Commission' mean the date a filing is sent or the date the Commission receives it?
History
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Notice of Change/Withdrawal/Correction: Supplemental Evidence Source (opens in a new tab)
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Adopted: 73B-21.010, effective 2026-06-22 Source (opens in a new tab)
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Notice of Proposed Rule: Briefs and Motions and 1 other rule Source (opens in a new tab)
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Notice of Rule Development: Development 73B-21.010 ...... Source (opens in a new tab)