Brenner v. Florida Unemployment Appeals Commission

I respectfully dissent and would affirm the Unemployment Appeals Commission’s *633decision to deny benefits on the authority of Brenner v. Dept. of Banking and Fin., 892 So.2d 1129 (Fla. 3d DCA 2004) (citing to Gray v. Florida Unemployment Appeals Comm’n, 541 So.2d 1319, 1320 (Fla. 1st DCA 1989), and affirming denial of benefits to this same claimant under the 2003 version of section 443.036(21)3 because of his position in the Senior Management Service), and Gray, 541 So.2d at 1320 (concluding that the 1987 version of section 443.036(21), which sets out the same exclusion relevant here, “is…