FORT LAUDERDALE, Fla. – A South Florida judge ruled Tuesday to move a Florida unemployment lawsuit to Tallahassee.


What You Need To Know

  • Broward County judge rules to move Florida unemployment lawsuit to Tallahassee

  • Original lawsuit filed seeks to order the state to restore the FPUC benefits

  • Plaintiffs argue they face irreparable harm after state ended federal extended unemployment benefits

The ruling from Chief Judge Jack Tuter of the 17th Judicial Circuit in Broward County could make it easier for statewide relief if a Leon County judge rules in favor of the plaintiffs.

Attorneys filed the lawsuit in Broward County on behalf of a dozen unemployed county residents. The plaintiffs are suing the state, including Gov. Ron DeSantis, Florida Department of Economic Opportunity, and DEO executive director Dane Eagle.
The plaintiffs argue they are facing irreparable harm after the state prematurely ended federal extended unemployment benefits. This harm includes facing evictions and vehicle repossession.

Florida is one of 26 states where leaders have shut off Federal Pandemic Unemployment Compensation (FPUC), which provided an additional $300 per week in unemployment benefits. State leaders like DeSantis and Eagle argued the extended benefits were incentivizing people not to work amid complaints from business leaders that they were struggling to hire workers.

The original lawsuit filed seeks to order the state to restore the FPUC benefits until the original expiration date of Sept. 6, which was set by Congress.

There are half a dozen similar lawsuits pending in states. Judges in Indiana, Maryland, and Oklahoma have ordered benefits restored pending litigation.

Attorney Benjamin Gibson of Shutts and Bowen represents the state. He argued because Tallahassee is the state capital, where state leaders have their principal offices, that is where the lawsuit should be heard.

Gibson told Judge Tuter transferring the case to Leon County would also speed up the process for the case to being resolved.

“This policy decision that was made by the State of Florida was announced on May 24, the plaintiffs went ahead and filed their initial complaint on July 25, the amended complaint on July 28,” Gibson said. “These benefits are set to expire September 6, at the federal level; they’ve already expired as of June 26, so we do note there has been a bit of a delay in bringing this case. That being said, the department, the governor, the secretary, we’re not trying to delay this case at all. We are happy to move forward as expeditiously as your honor would prefer, with caveat we believe we’re in front of the wrong court.”

Attorneys Scott Behren, Marie Mattox, and Gautier Kitchen are leading the case on behalf of unemployed Floridians.

Behren said if Judge Tuter denied the state’s motion to move the case to Tallahassee, it would allow the state to appeal, dragging the case and ultimately benefits further behind.

“We agreed to transfer based upon the state’s representation that it would appeal any denial of motion to transfer to further delay this matter,” Behren said. “That being said, Judge Tuter advised us this morning that Order of Transfer was entered and he was having the clerk expedite entry of Order and Transfer of Matter to Leon County Clerk of Court.”

Attorney Marie Mattox told the court during a Monday virtual hearing the lawsuit filed is just one aspect of a larger effort to restore benefits for all Floridians impacted.

“Our intention would be to use this lawsuit as a vehicle to bring the entire state in… our intention is to have everyone in the State of Florida covered,” Mattox said. “I don’t want there to be any kind of, I know what our intention is would be to file a leave to amend to bring everyone in, and make sure everybody in the State of Florida is covered and not just the folks that are in Broward County.”

At the time of the lawsuit’s filing, a spokesperson for DEO told Spectrum News: “The Department has received the lawsuit and will respond accordingly; however, the Department contests the alleged violation of law.”