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The Florida Senate

2011 Florida Statutes

SECTION 1117
Temporary extended benefits.
F.S. 443.1117
1443.1117 Temporary extended benefits.
(1) APPLICABILITY OF EXTENDED BENEFITS STATUTE.Except if the result is inconsistent with other provisions of this section, s. 443.1115(2), (3), (4), (6), and (7) apply to all claims covered by this section.
(2) DEFINITIONS.As used in this section, the term:
(a) “Regular benefits” and “extended benefits” have the same meaning as in s. 443.1115.
(b) “Eligibility period” means the weeks in an individual’s benefit year or emergency benefit period which begin in an extended benefit period and, if the benefit year or emergency benefit period ends within that extended benefit period, any subsequent weeks beginning in that period.
(c) “Emergency benefits” means Emergency Unemployment Compensation paid pursuant to Pub. L. No. 110-252, Pub. L. No. 110-449, Pub. L. No. 111-5, Pub. L. No. 111-92, Pub. L. No. 111-118, Pub. L. No. 111-144, Pub. L. No. 111-157, Pub. L. No. 111-205, and Pub. L. No. 111-312.
(d) “Extended benefit period” means a period that:
1. Begins with the third week after a week for which there is a state “on” indicator; and
2. Ends with any of the following weeks, whichever occurs later:
a. The third week after the first week for which there is a state “off” indicator; or
b. The 13th consecutive week of that period.

However, an extended benefit period may not begin by reason of a state “on” indicator before the 14th week after the end of a prior extended benefit period that was in effect for this state.

(e) “Emergency benefit period” means the period during which an individual receives emergency benefits.
(f) “Exhaustee” means an individual who, for any week of unemployment in her or his eligibility period:
1. Has received, before that week, all of the regular benefits and emergency benefits, if any, available under this chapter or any other law, including dependents’ allowances and benefits payable to federal civilian employees and ex-servicemembers under 5 U.S.C. ss. 8501-8525, in the current benefit year or emergency benefit period that includes that week. For the purposes of this subparagraph, an individual has received all of the regular benefits and emergency benefits, if any, available even if, as a result of a pending appeal for wages paid for insured work which were not considered in the original monetary determination in the benefit year, she or he may subsequently be determined to be entitled to added regular benefits;
2. Had a benefit year that expired before that week, and was paid no, or insufficient, wages for insured work on the basis of which she or he could establish a new benefit year that includes that week; and
3.a. Has no right to unemployment benefits or allowances under the Railroad Unemployment Insurance Act or other federal laws as specified in regulations issued by the United States Secretary of Labor; and
b. Has not received and is not seeking unemployment benefits under the unemployment compensation law of Canada; but if an individual is seeking those benefits and the appropriate agency finally determines that she or he is not entitled to benefits under that law, she or he is considered an exhaustee.
(g) “State ‘on’ indicator” means, with respect to weeks of unemployment ending on or before December 10, 2011, the occurrence of a week in which the average total unemployment rate, seasonally adjusted, as determined by the United States Secretary of Labor, for the most recent 3 months for which data for all states are published by the United States Department of Labor:
1. Equals or exceeds 110 percent of the average of those rates for the corresponding 3-month period ending in any or all of the preceding 3 calendar years; and
2. Equals or exceeds 6.5 percent.
(h) “High unemployment period” means, with respect to weeks of unemployment ending on or before December 10, 2011, any week in which the average total unemployment rate, seasonally adjusted, as determined by the United States Secretary of Labor, for the most recent 3 months for which data for all states are published by the United States Department of Labor:
1. Equals or exceeds 110 percent of the average of those rates for the corresponding 3-month period ending in any or all of the preceding 3 calendar years; and
2. Equals or exceeds 8 percent.
(i) “State ‘off’ indicator” means the occurrence of a week in which there is no state “on” indicator or which does not constitute a high unemployment period.
(3) TOTAL EXTENDED BENEFIT AMOUNT.Except as provided in subsection (4):
(a) For any week for which there is an “on” indicator pursuant to paragraph (2)(g), the total extended benefit amount payable to an eligible individual for her or his applicable benefit year is the lesser of:
1. Fifty percent of the total regular benefits payable under this chapter in the applicable benefit year; or
2. Thirteen times the weekly benefit amount payable under this chapter for a week of total unemployment in the applicable benefit year.
(b) For any high unemployment period, the total extended benefit amount payable to an eligible individual for her or his applicable benefit year is the lesser of:
1. Eighty percent of the total regular benefits payable under this chapter in the applicable benefit year; or
2. Twenty times the weekly benefit amount payable under this chapter for a week of total unemployment in the applicable benefit year.
(4) EFFECT ON TRADE READJUSTMENT.Notwithstanding any other provision of this chapter, if the benefit year of an individual ends within an extended benefit period, the number of weeks of extended benefits the individual is entitled to receive in that extended benefit period for weeks of unemployment beginning after the end of the benefit year, except as provided in this section, is reduced, but not to below zero, by the number of weeks for which the individual received, within that benefit year, trade readjustment allowances under the Trade Act of 1974, as amended.
History.s. 4, ch. 2009-99; s. 1, ch. 2010-1; s. 100, ch. 2010-5; s. 1, ch. 2010-90; s. 13, ch. 2011-235.
1Note.

A. Section 13, ch. 2011-235, revived, readopted, and amended s. 443.1117 “[n]otwithstanding the expiration date contained in section 1 of chapter 2010-90, Laws of Florida, operating retroactive to June 2, 2010, and expiring January 4, 2012.”

B. Section 14, ch. 2011-235, provides that “[t]he provisions of s. 443.1117, Florida Statutes, as revived, readopted, and amended by this act, apply only to claims for weeks of unemployment in which an exhaustee establishes entitlement to extended benefits pursuant to that section which are established for the period between June 2, 2010, and January 4, 2012.”