A state judge has rejected a request from 10 plaintiffs who sought a temporary injunction against Gov. Ron DeSantis’ decision to opt out of supplemental federal unemployment benefits of $300 per worker per week.
Judge J. Layne Smith of Florida’s Second Judicial Circuit decided Aug. 30 that neither the governor nor the Florida Department of Economic Opportunity (DEO) violated state law when Florida opted out of the Federal Pandemic Unemployment Compensation (FPUC) program. DeSantis argued that the federal benefit to the unemployed was a disincentive to work and was an impediment to renewed economic activity.
“This decision belongs solely to the state’s chief executive,” Smith wrote. “Ultimately, Governor DeSantis’ strategy to promote re-employment by ending Florida’s participation in the FPUC program is a political issue that the voters can approve or reject at the ballot box.”
Another problem with the lawsuit was that the federal benefit is slated to expire Sept. 6, with no assurance that the benefit could be retroactive if reinstated, according to Smith.
“If the plaintiffs otherwise qualified for injunctive relief, given the imminent expiration of the FPUC program on September 6, 2021, the entry of a temporary injunction would be a fruitless exercise that would not yield them any beneficial results,” he said. “There is no status quo to preserve.”
Plaintiffs’ attorneys in the lawsuit did not respond to requests for comment, but the Florida DEO said the court’s decision was right, especially since the state’s efforts to help the unemployed return to work have served to increase employment.
“Because of Governor DeSantis’ leadership, the economic facts have proved that the state continues to outpace the rest of the nation in economic recovery,” Andrew Nixon, a DEO spokesman, told the Florida Record in an email. “Florida’s unemployment rate is currently at 5.1% and continues to fall below the national average for 12 consecutive months, currently at 5.4%.”
The state has recorded 15 straight months of job growth, having gained 964,400 jobs since April of last year, Nixon said.
Smith indicated that in passing the Coronavirus Aid, Relief and Economic Security (CARES) Act, which included the unemployment compensation, Congress did not mandate that states take part in any part of the program.
“Instead, Congress expressly allowed each state to opt in or ignore FPUC,” he said.