HB 7005

1	A bill to be entitled
2	An act relating to unemployment compensation; amending s.
3	213.053, F.S.; increasing the number of employer payroll
4	service providers who qualify for access to unemployment
5	tax information by filing a memorandum of understanding;
6	amending s. 443.031, F.S.; revising provisions relating to
7	statutory construction; amending s. 443.036, F.S.;
8	revising definitions; revising the term "misconduct" to
9	include conduct outside of the workplace and additional
10	lapses in behavior; amending s. 443.041, F.S.; conforming
11	a cross-reference; amending s. 443.091, F.S.; requiring
12	that an applicant for benefits complete an initial skills
13	review; providing exceptions; amending s. 443.101, F.S.;
14	clarifying "good cause" for voluntarily leaving
15	employment; disqualifying a person for benefits due to the
16	receipt of severance pay; revising provisions relating to
17	the effects of criminal acts on eligibility for benefits;
18	amending s. 443.111, F.S.; providing a definition;
19	reducing the amount and revising the calculation of the
20	number of weeks of a claimant's benefit eligibility;
21	amending s. 443.131, F.S.; providing definitions; revising
22	an employer's unemployment compensation contribution rate
23	by certain factors; amending s. 443.141, F.S.; providing
24	an employer payment schedule for 2012, 2013, and 2014
25	contributions; amending s. 443.151, F.S.; revising
26	allowable forms of evidence in benefit appeals; revising
27	the judicial venue for reviewing commission orders;
28	amending s. 443.171, F.S.; specifying that evidence of
29	mailing an agency document is based on the date stated on
30	the document; reviving, readopting, and amending s.
31	443.1117, F.S., relating to temporary extended benefits;
32	providing for retroactive application; establishing
33	temporary state extended benefits for weeks of
34	unemployment; revising definitions; providing for state
35	extended benefits for certain weeks and for periods of
36	high unemployment; providing applicability; providing that
37	the act fulfills an important state interest; providing
38	effective dates.
39
40	Be It Enacted by the Legislature of the State of Florida:
41
42	Section 1.  Subsection (4) of section 213.053, Florida
43	Statutes, is amended to read:
44	213.053  Confidentiality and information sharing.-
45	(4)  The department, while providing unemployment tax
46	collection services under contract with the Agency for Workforce
47	Innovation through an interagency agreement pursuant to s.
48	443.1316, may release unemployment tax rate information to the
49	agent of an employer who, which agent provides payroll services
50	for more than 100 500 employers, pursuant to the terms of a
51	memorandum of understanding. The memorandum of understanding
52	must state that the agent affirms, subject to the criminal
53	penalties contained in ss. 443.171 and 443.1715, that the agent
54	will retain the confidentiality of the information, that the
55	agent has in effect a power of attorney from the employer which
56	permits the agent to obtain unemployment tax rate information,
57	and that the agent shall provide the department with a copy of
58	the employer's power of attorney upon request.
59	Section 2.  Section 443.031, Florida Statutes, is amended
60	to read:
61	443.031  Rule of liberal construction.-This chapter may not
62	shall be liberally construed to in favor or disfavor of a
63	claimant of unemployment benefits who is unemployed through no
64	fault of his or her own. Any doubt as to the proper construction
65	of this chapter shall be resolved in favor of conformity with
66	federal law, including, but not limited to, the Federal
67	Unemployment Tax Act, the Social Security Act, the Wagner-Peyser
68	Act, and the Workforce Investment Act.
69	Section 3.  Subsections (6), (9), (29), and (43) of section
70	443.036, Florida Statutes, are amended to read:
71	443.036  Definitions.-As used in this chapter, the term:
72	(6)  "Available for work" means actively seeking and being
73	ready and willing to accept suitable work employment.
74	(9)  "Benefit year" means, for an individual, the 1-year
75	period beginning with the first day of the first week for which
76	the individual first files a valid claim for benefits and,
77	thereafter, the 1-year period beginning with the first day of
78	the first week for which the individual next files a valid claim
79	for benefits after the termination of his or her last preceding
80	benefit year. Each claim for benefits made in accordance with s.
81	443.151(2) is a valid claim under this subsection if the
82	individual was paid wages for insured work in accordance with s.
83	443.091(1)(h)(g) and is unemployed as defined in subsection (43)
84	at the time of filing the claim. However, the Agency for
85	Workforce Innovation may adopt rules providing for the
86	establishment of a uniform benefit year for all workers in one
87	or more groups or classes of service or within a particular
88	industry if the agency determines, after notice to the industry
89	and to the workers in the industry and an opportunity to be
90	heard in the matter, that those groups or classes of workers in
91	a particular industry periodically experience unemployment
92	resulting from layoffs or shutdowns for limited periods of time.
93	(29)  "Misconduct," irrespective of whether the misconduct
94	occurs at the workplace or during working hours, includes, but
95	is not limited to, the following, which may not be construed in
96	pari materia with each other:
97	(a)  Conduct demonstrating conscious willful or wanton
98	disregard of an employer's interests and found to be a
99	deliberate violation or disregard of the reasonable standards of
100	behavior which the employer expects has a right to expect of his
101	or her employee.; or
102	(b)  Carelessness or negligence to a degree or recurrence
103	that manifests culpability, wrongful intent, or evil design or
104	shows an intentional and substantial disregard of the employer's
105	interests or of the employee's duties and obligations to his or
106	her employer.
107	(c)  Chronic absenteeism or tardiness in deliberate
108	violation of a known policy of the employer or one or more
109	unapproved absences following a written reprimand or warning
110	relating to more than one unapproved absence.
111	(d)  A willful and deliberate violation of a standard or
112	regulation of this state by an employee of an employer licensed
113	or certified by this state, which violation would cause the
114	employer to be sanctioned or have its license or certification
115	suspended by this state.
116	(e)  A violation of an employer's rule, unless the claimant
117	can demonstrate that:
118	1.  He or she did not know, and could not reasonably know,
119	of the rule's requirements;
120	2.  The rule is not lawful or not reasonably related to the
121	job environment and performance; or
122	3.  The rule is not fairly or consistently enforced.
123	(43)  "Unemployment" or "unemployed" means:
124	(a)  An individual is "totally unemployed" in any week
125	during which he or she does not perform any services and for
126	which earned income is not payable to him or her. An individual
127	is "partially unemployed" in any week of less than full-time
128	work if the earned income payable to him or her for that week is
129	less than his or her weekly benefit amount. The Agency for
130	Workforce Innovation may adopt rules prescribing distinctions in
131	the procedures for unemployed individuals based on total
132	unemployment, part-time unemployment, partial unemployment of
133	individuals attached to their regular jobs, and other forms of
134	short-time work.
135	(b)  An individual's week of unemployment commences only
136	after his or her registration with the Agency for Workforce
137	Innovation as required in s. 443.091, except as the agency may
138	otherwise prescribe by rule.
139	Section 4.  Paragraph (b) of subsection (2) of section
140	443.041, Florida Statutes, is amended to read:
141	443.041  Waiver of rights; fees; privileged
142	communications.-
143	(2)  FEES.-
144	(b)  An attorney at law representing a claimant for
145	benefits in any district court of appeal of this state or in the
146	Supreme Court of Florida is entitled to counsel fees payable by
147	the Agency for Workforce Innovation as set by the court if the
148	petition for review or appeal is initiated by the claimant and
149	results in a decision awarding more benefits than provided in
150	the decision from which appeal was taken. The amount of the fee
151	may not exceed 50 percent of the total amount of regular
152	benefits permitted under s. 443.111(5)(b)(a) during the benefit
153	year.
154	Section 5.  Paragraphs (c) through (h) of subsection (1) of
155	section 443.091, Florida Statutes, are redesignated as
156	paragraphs (d) through (i), respectively, present paragraph (d)
157	is amended, and paragraph (c) is added to that subsection, to
158	read:
159	443.091  Benefit eligibility conditions.-
160	(1)  An unemployed individual is eligible to receive
161	benefits for any week only if the Agency for Workforce
162	Innovation finds that:
163	(c)  She or he has completed an initial skills review using
164	an online education or training program within 14 days after
165	making an initial claim for benefits. An online education or
166	training program, such as that established in s. 1004.99, that
167	is approved by the Agency for Workforce Innovation and designed
168	to measure an individual's mastery level of workplace skills
169	meets the requirement of this paragraph.
170	1.  This requirement does not apply to persons who are:
171	a.  Non-Florida residents;
172	b.  On a temporary layoff, as defined in s. 443.036(42);
173	c.  Union members who customarily obtain employment through
174	a union hiring hall; or
175	d.  Claiming benefits under an approved short-time
176	compensation plan as provided in s. 443.1116.
177	2.  The administrator or operator of the online education
178	or training program must notify the Agency for Workforce
179	Innovation when the claimant completes the initial skills review
180	and must report the results of the claimant's initial skills
181	review to the regional workforce board or the one-stop career
182	center as directed by the regional workforce board for use for
183	reemployment services.
184	(e)(d)  She or he is able to work and is available for
185	work. In order to assess eligibility for a claimed week of
186	unemployment, the agency shall develop criteria to determine a
187	claimant's ability to work and availability for work. However:
188	1.  Notwithstanding any other provision of this paragraph
189	or paragraphs (b) and (f) (e), an otherwise eligible individual
190	may not be denied benefits for any week because she or he is in
191	training with the approval of the agency, or by reason of s.
192	443.101(2) relating to failure to apply for, or refusal to
193	accept, suitable work. Training may be approved by the agency in
194	accordance with criteria prescribed by rule. A claimant's
195	eligibility during approved training is contingent upon
196	satisfying eligibility conditions prescribed by rule.
197	2.  Notwithstanding any other provision of this chapter, an
198	otherwise eligible individual who is in training approved under
199	s. 236(a)(1) of the Trade Act of 1974, as amended, may not be
200	determined ineligible or disqualified for benefits due to her or
201	his enrollment in such training or because of leaving work that
202	is not suitable employment to enter such training. As used in
203	this subparagraph, the term "suitable employment" means work of
204	a substantially equal or higher skill level than the worker's
205	past adversely affected employment, as defined for purposes of
206	the Trade Act of 1974, as amended, the wages for which are at
207	least 80 percent of the worker's average weekly wage as
208	determined for purposes of the Trade Act of 1974, as amended.
209	3.  Notwithstanding any other provision of this section, an
210	otherwise eligible individual may not be denied benefits for any
211	week because she or he is before any state or federal court
212	pursuant to a lawfully issued summons to appear for jury duty.
213	Section 6.  Paragraph (a) of subsection (1) and subsections
214	(2), (3), and (9) of section 443.101, Florida Statutes, are
215	amended, and subsection (12) is added to that section, to read:
216	443.101  Disqualification for benefits.-An individual shall
217	be disqualified for benefits:
218	(1)(a)  For the week in which he or she has voluntarily
219	left work without good cause attributable to his or her
220	employing unit or in which the individual has been discharged by
221	the employing unit for misconduct connected with his or her
222	work, based on a finding by the Agency for Workforce Innovation.
223	As used in this paragraph, the term "work" means any work,
224	whether full-time, part-time, or temporary.
225	1.  Disqualification for voluntarily quitting continues for
226	the full period of unemployment next ensuing after the
227	individual has left his or her full-time, part-time, or
228	temporary work voluntarily without good cause and until the
229	individual has earned income equal to or in excess of 17 times
230	his or her weekly benefit amount. As used in this subsection,
231	the term "good cause" includes only that cause attributable to
232	the employing unit that would compel a reasonable employee to
233	cease his or her work or which consists of the individual's
234	illness or disability requiring separation from his or her work.
235	Any other disqualification may not be imposed. An individual is
236	not disqualified under this subsection for voluntarily leaving
237	temporary work to return immediately when called to work by the
238	permanent employing unit that temporarily terminated his or her
239	work within the previous 6 calendar months. An individual is not
240	disqualified under this subsection for voluntarily leaving work
241	to relocate as a result of his or her military-connected
242	spouse's permanent change of station orders, activation orders,
243	or unit deployment orders.
244	2.  Disqualification for being discharged for misconduct
245	connected with his or her work continues for the full period of
246	unemployment next ensuing after having been discharged and until
247	the individual is reemployed and has earned income of at least
248	17 times his or her weekly benefit amount and for not more than
249	52 weeks that immediately follow that week, as determined by the
250	agency in each case according to the circumstances in each case
251	or the seriousness of the misconduct, under the agency's rules
252	adopted for determinations of disqualification for benefits for
253	misconduct.
254	3.  If an individual has provided notification to the
255	employing unit of his or her intent to voluntarily leave work
256	and the employing unit discharges the individual for reasons
257	other than misconduct before the date the voluntary quit was to
258	take effect, the individual, if otherwise entitled, shall
259	receive benefits from the date of the employer's discharge until
260	the effective date of his or her voluntary quit.
261	4.  If an individual is notified by the employing unit of
262	the employer's intent to discharge the individual for reasons
263	other than misconduct and the individual quits without good
264	cause, as defined in this section, before the date the discharge
265	was to take effect, the claimant is ineligible for benefits
266	pursuant to s. 443.091(1)(e)(d) for failing to be available for
267	work for the week or weeks of unemployment occurring before the
268	effective date of the discharge.
269	(2)  If the Agency for Workforce Innovation finds that the
270	individual has failed without good cause to actively seek work,
271	apply for available suitable work when directed by the agency or
272	the one-stop career center, to accept suitable work when offered
273	to him or her, or to return to the individual's customary self-
274	employment when directed by the agency, the disqualification
275	continues for the full period of unemployment next ensuing after
276	he or she failed without good cause to actively seek work, apply
277	for available suitable work, to accept suitable work, or to
278	return to his or her customary self-employment, under this
279	subsection, and until the individual has earned income at least
280	17 times his or her weekly benefit amount. The Agency for
281	Workforce Innovation shall by rule adopt criteria for
282	determining the "suitability of work," as used in this section.
283	The Agency for Workforce Innovation in developing these rules
284	shall consider the duration of a claimant's unemployment in
285	determining the suitability of work and the suitability of
286	proposed rates of compensation for available work. Further,
287	after an individual has received 19 25 weeks of benefits in a
288	single year, suitable work is a job that pays the minimum wage
289	and is 120 percent or more of the weekly benefit amount the
290	individual is drawing.
291	(a)  In determining whether or not any work is suitable for
292	an individual, the Agency for Workforce Innovation shall
293	consider the degree of risk involved to his or her health,
294	safety, and morals; his or her physical fitness and prior
295	training; the individual's experience and prior earnings; his or
296	her length of unemployment and prospects for securing local work
297	in his or her customary occupation; and the distance of the
298	available work from his or her residence.
299	(b)  Notwithstanding any other provisions of this chapter,
300	work is not deemed suitable and benefits may not be denied under
301	this chapter to any otherwise eligible individual for refusing
302	to accept new work under any of the following conditions:
303	1.  If the position offered is vacant due directly to a
304	strike, lockout, or other labor dispute.
305	2.  If the wages, hours, or other conditions of the work
306	offered are substantially less favorable to the individual than
307	those prevailing for similar work in the locality.
308	3.  If as a condition of being employed, the individual
309	would be required to join a company union or to resign from or
310	refrain from joining any bona fide labor organization.
311	(c)  If the Agency for Workforce Innovation finds that an
312	individual was rejected for offered employment as the direct
313	result of a positive, confirmed drug test required as a
314	condition of employment, the individual is disqualified for
315	refusing to accept an offer of suitable work.
316	(3)  For any week with respect to which he or she is
317	receiving or has received remuneration in the form of:
318	(a)  Wages in lieu of notice.
319	(b)  Severance pay. The number of weeks that an
320	individual's severance pay disqualifies the individual is equal
321	to the amount of the severance pay divided by that individual's
322	average weekly wage received from his or her most recent
323	employer, rounded down to the nearest whole number, beginning
324	with the week the individual is separated from employment.
325	(c)(b)1.  Compensation for temporary total disability or
326	permanent total disability under the workers' compensation law
327	of any state or under a similar law of the United States.
328
329	2.  However, If the remuneration referred to in this subsection
330	paragraphs (a) and (b) is less than the benefits that would
331	otherwise be due under this chapter, an individual who is
332	otherwise eligible he or she is entitled to receive for that
333	week, if otherwise eligible, benefits reduced by the amount of
334	the remuneration.
335	(9)  If the individual was terminated from his or her work
336	for violation of any criminal law punishable by imprisonment, or
337	for any dishonest act, in connection with his or her work, as
338	follows:
339	(a)  If the Agency for Workforce Innovation or the
340	Unemployment Appeals Commission finds that the individual was
341	terminated from his or her work for violation of any criminal
342	law, under any jurisdiction, which was punishable by
343	imprisonment in connection with his or her work or affected his
344	or her ability to work, and the individual was convicted found
345	guilty of the offense, made an admission of guilt in a court of
346	law, or entered a plea of guilty or nolo contendere no contest,
347	the individual is not entitled to unemployment benefits for up
348	to 52 weeks, pursuant to under rules adopted by the agency for
349	Workforce Innovation, and until he or she has earned income of
350	at least 17 times his or her weekly benefit amount. If, before
351	an adjudication of guilt, an admission of guilt, or a plea of
352	nolo contendere no contest, the employer proves by competent
353	substantial evidence to shows the agency for Workforce
354	Innovation that the arrest was due to a crime against the
355	employer or the employer's business, customers, or invitees and,
356	after considering all the evidence, the Agency for Workforce
357	Innovation finds misconduct in connection with the individual's
358	work, the individual is not entitled to unemployment benefits.
359	(b)  If the Agency for Workforce Innovation or the
360	Unemployment Appeals Commission finds that the individual was
361	terminated from work for any dishonest act in connection with
362	his or her work, the individual is not entitled to unemployment
363	benefits for up to 52 weeks, under rules adopted by the Agency
364	for Workforce Innovation, and until he or she has earned income
365	of at least 17 times his or her weekly benefit amount. In
366	addition, if the employer terminates an individual as a result
367	of a dishonest act in connection with his or her work and the
368	Agency for Workforce Innovation finds misconduct in connection
369	with his or her work, the individual is not entitled to
370	unemployment benefits.
371
372	With respect to an individual disqualified for benefits, the
373	account of the terminating employer, if the employer is in the
374	base period, is noncharged at the time the disqualification is
375	imposed.
376	(12)  For any week in which the individual is unavailable
377	for work due to incarceration or imprisonment.
378	Section 7.  Effective April 1, 2011, subsection (5) of
379	section 443.111, Florida Statutes, is amended to read:
380	443.111  Payment of benefits.-
381	(5)  DURATION OF BENEFITS.-
382	(a)  As used in this section, the term "Florida average
383	unemployment rate" means the average of the three months for the
384	most recent third calendar year quarter of the seasonally
385	adjusted statewide unemployment rates as published by the Agency
386	for Workforce Innovation.
387	(b)1.  Each otherwise eligible individual is entitled
388	during any benefit year to a total amount of benefits equal to
389	25 percent of the total wages in his or her base period, not to
390	exceed $5,500 or the product arrived at by multiplying the
391	weekly benefit amount with the number of weeks determined in
392	paragraph (c), whichever is less $7,150. However, the total
393	amount of benefits, if not a multiple of $1, is rounded downward
394	to the nearest full dollar amount. These benefits are payable at
395	a weekly rate no greater than the weekly benefit amount.
396	(c)  For claims submitted during a calendar year, the
397	duration of benefits is limited to:
398	1.  12 weeks if the Florida average unemployment rate is at
399	or below 5 percent.
400	2.  An additional week in addition to the 12 weeks for each
401	0.5 percent increment in the Florida average unemployment rate
402	above 5 percent.
403	3.  Up to a maximum of 20 weeks if the Florida average
404	unemployment rate equals or exceeds 9 percent.
405	(d)2.  For the purposes of this subsection, wages are
406	counted as "wages for insured work" for benefit purposes with
407	respect to any benefit year only if the benefit year begins
408	after the date the employing unit by whom the wages were paid
409	has satisfied the conditions of this chapter for becoming an
410	employer.
411	(e)(b)  If the remuneration of an individual is not based
412	upon a fixed period or duration of time or if the individual's
413	wages are paid at irregular intervals or in a manner that does
414	not extend regularly over the period of employment, the wages
415	for any week or for any calendar quarter for the purpose of
416	computing an individual's right to employment benefits only are
417	determined in the manner prescribed by rule. These rules, to the
418	extent practicable, must secure results reasonably similar to
419	those that would prevail if the individual were paid her or his
420	wages at regular intervals.
421	Section 8.  Effective upon this act becoming law and
422	retroactive to June 30, 2010, paragraphs (b) and (e) of
423	subsection (3) of section 443.131, Florida Statutes, are amended
424	to read:
425	443.131  Contributions.-
426	(3)  VARIATION OF CONTRIBUTION RATES BASED ON BENEFIT
427	EXPERIENCE.-
428	(b)  Benefit ratio.-
429	1.  As used in this paragraph, the term "annual payroll"
430	means the calendar quarter taxable payroll reported to the tax
431	collection service provider for the quarters used in computing
432	the benefit ratio. The term does not include a penalty resulting
433	from the untimely filing of required wage and tax reports. All
434	of the taxable payroll reported to the tax collection service
435	provider by the end of the quarter preceding the quarter for
436	which the contribution rate is to be computed must be used in
437	the computation.
438	2.  As used in this paragraph, the term "benefits charged
439	to the employer's employment record" means the amount of
440	benefits paid to individuals multiplied by:
441	a.  1.0 for benefits paid prior to July 1, 2007.
442	b.  0.9 for benefits paid during the period beginning on
443	July 1, 2007, and ending March 31, 2011.
444	c.  1.0 for benefits paid after March 31, 2011.
445	3.2.  For each calendar year, the tax collection service
446	provider shall compute a benefit ratio for each employer whose
447	employment record was chargeable for benefits during the 12
448	consecutive quarters ending June 30 of the calendar year
449	preceding the calendar year for which the benefit ratio is
450	computed. An employer's benefit ratio is the quotient obtained
451	by dividing the total benefits charged to the employer's
452	employment record during the 3-year period ending June 30 of the
453	preceding calendar year by the total of the employer's annual
454	payroll for the 3-year period ending June 30 of the preceding
455	calendar year. The benefit ratio shall be computed to the fifth
456	decimal place and rounded to the fourth decimal place.
457	4.3.  The tax collection service provider shall compute a
458	benefit ratio for each employer who was not previously eligible
459	under subparagraph 3. 2., whose contribution rate is set at the
460	initial contribution rate in paragraph (2)(a), and whose
461	employment record was chargeable for benefits during at least 8
462	calendar quarters immediately preceding the calendar quarter for
463	which the benefit ratio is computed. The employer's benefit
464	ratio is the quotient obtained by dividing the total benefits
465	charged to the employer's employment record during the first 6
466	of the 8 completed calendar quarters immediately preceding the
467	calendar quarter for which the benefit ratio is computed by the
468	total of the employer's annual payroll during the first 7 of the
469	9 completed calendar quarters immediately preceding the calendar
470	quarter for which the benefit ratio is computed. The benefit
471	ratio shall be computed to the fifth decimal place and rounded
472	to the fourth decimal place and applies for the remainder of the
473	calendar year. The employer must subsequently be rated on an
474	annual basis using up to 12 calendar quarters of benefits
475	charged and up to 12 calendar quarters of annual payroll. That
476	employer's benefit ratio is the quotient obtained by dividing
477	the total benefits charged to the employer's employment record
478	by the total of the employer's annual payroll during the
479	quarters used in his or her first computation plus the
480	subsequent quarters reported through June 30 of the preceding
481	calendar year. Each subsequent calendar year, the rate shall be
482	computed under subparagraph 3. 2. The tax collection service
483	provider shall assign a variation from the standard rate of
484	contributions in paragraph (c) on a quarterly basis to each
485	eligible employer in the same manner as an assignment for a
486	calendar year under paragraph (e).
487	(e)  Assignment of variations from the standard rate.-
488	1.  As used in this paragraph, the terms "total benefit
489	payments," "benefits paid to an individual," and "benefits
490	charged to the employment record of an employer" mean the amount
491	of benefits paid to individuals multiplied by:
492	a.  1.0 for benefits paid prior to July 1, 2007.
493	b.  0.9 for benefits paid during the period beginning on
494	July 1, 2007, and ending March 31, 2011.
495	c.  1.0 for benefits paid after March 31, 2011.
496	2.  For the calculation of contribution rates effective
497	January 1, 2010, and thereafter:
498	a.1.  The tax collection service provider shall assign a
499	variation from the standard rate of contributions for each
500	calendar year to each eligible employer. In determining the
501	contribution rate, varying from the standard rate to be assigned
502	each employer, adjustment factors computed under sub-sub-
503	subparagraphs (I)-(IV) sub-subparagraphs a.-d. are added to the
504	benefit ratio. This addition shall be accomplished in two steps
505	by adding a variable adjustment factor and a final adjustment
506	factor. The sum of these adjustment factors computed under sub-
507	sub-subparagraphs (I)-(IV) sub-subparagraphs a.-d. shall first
508	be algebraically summed. The sum of these adjustment factors
509	shall next be divided by a gross benefit ratio determined as
510	follows: Total benefit payments for the 3-year period described
511	in subparagraph (b)3. (b)2. are charged to employers eligible
512	for a variation from the standard rate, minus excess payments
513	for the same period, divided by taxable payroll entering into
514	the computation of individual benefit ratios for the calendar
515	year for which the contribution rate is being computed. The
516	ratio of the sum of the adjustment factors computed under sub-
517	sub-subparagraphs (I)-(IV) sub-subparagraphs a.-d. to the gross
518	benefit ratio is multiplied by each individual benefit ratio
519	that is less than the maximum contribution rate to obtain
520	variable adjustment factors; except that if the sum of an
521	employer's individual benefit ratio and variable adjustment
522	factor exceeds the maximum contribution rate, the variable
523	adjustment factor is reduced in order for the sum to equal the
524	maximum contribution rate. The variable adjustment factor for
525	each of these employers is multiplied by his or her taxable
526	payroll entering into the computation of his or her benefit
527	ratio. The sum of these products is divided by the taxable
528	payroll of the employers who entered into the computation of
529	their benefit ratios. The resulting ratio is subtracted from the
530	sum of the adjustment factors computed under sub-sub-
531	subparagraphs (I)-(IV) sub-subparagraphs a.-d. to obtain the
532	final adjustment factor. The variable adjustment factors and the
533	final adjustment factor must be computed to five decimal places
534	and rounded to the fourth decimal place. This final adjustment
535	factor is added to the variable adjustment factor and benefit
536	ratio of each employer to obtain each employer's contribution
537	rate. An employer's contribution rate may not, however, be
538	rounded to less than 0.1 percent.
539	(I)a.  An adjustment factor for noncharge benefits is
540	computed to the fifth decimal place and rounded to the fourth
541	decimal place by dividing the amount of noncharge benefits
542	during the 3-year period described in subparagraph (b)3. (b)2.
543	by the taxable payroll of employers eligible for a variation
544	from the standard rate who have a benefit ratio for the current
545	year which is less than the maximum contribution rate. For
546	purposes of computing this adjustment factor, the taxable
547	payroll of these employers is the taxable payrolls for the 3
548	years ending June 30 of the current calendar year as reported to
549	the tax collection service provider by September 30 of the same
550	calendar year. As used in this sub-sub-subparagraph sub-
551	subparagraph, the term "noncharge benefits" means benefits paid
552	to an individual from the Unemployment Compensation Trust Fund,
553	but which were not charged to the employment record of any
554	employer.
555	(II)b.  An adjustment factor for excess payments is
556	computed to the fifth decimal place, and rounded to the fourth
557	decimal place by dividing the total excess payments during the
558	3-year period described in subparagraph (b)3. (b)2. by the
559	taxable payroll of employers eligible for a variation from the
560	standard rate who have a benefit ratio for the current year
561	which is less than the maximum contribution rate. For purposes
562	of computing this adjustment factor, the taxable payroll of
563	these employers is the same figure used to compute the
564	adjustment factor for noncharge benefits under sub-sub-
565	subparagraph (I) sub-subparagraph a. As used in this sub-
566	subparagraph, the term "excess payments" means the amount of
567	benefits charged to the employment record of an employer during
568	the 3-year period described in subparagraph (b)3. (b)2., less
569	the product of the maximum contribution rate and the employer's
570	taxable payroll for the 3 years ending June 30 of the current
571	calendar year as reported to the tax collection service provider
572	by September 30 of the same calendar year. As used in this sub-
573	sub-subparagraph sub-subparagraph, the term "total excess
574	payments" means the sum of the individual employer excess
575	payments for those employers that were eligible for assignment
576	of a contribution rate different from the standard rate.
577	(III)c.  With respect to computing a positive adjustment
578	factor:
579	(A)(I)  Beginning January 1, 2012, if the balance of the
580	Unemployment Compensation Trust Fund on September 30 of the
581	calendar year immediately preceding the calendar year for which
582	the contribution rate is being computed is less than 4 percent
583	of the taxable payrolls for the year ending June 30 as reported
584	to the tax collection service provider by September 30 of that
585	calendar year, a positive adjustment factor shall be computed.
586	The positive adjustment factor is computed annually to the fifth
587	decimal place and rounded to the fourth decimal place by
588	dividing the sum of the total taxable payrolls for the year
589	ending June 30 of the current calendar year as reported to the
590	tax collection service provider by September 30 of that calendar
591	year into a sum equal to one-third of the difference between the
592	balance of the fund as of September 30 of that calendar year and
593	the sum of 5 percent of the total taxable payrolls for that
594	year. The positive adjustment factor remains in effect for
595	subsequent years until the balance of the Unemployment
596	Compensation Trust Fund as of September 30 of the year
597	immediately preceding the effective date of the contribution
598	rate equals or exceeds 5 percent of the taxable payrolls for the
599	year ending June 30 of the current calendar year as reported to
600	the tax collection service provider by September 30 of that
601	calendar year.
602	(B)(II)  Beginning January 1, 2015, and for each year
603	thereafter, the positive adjustment shall be computed by
604	dividing the sum of the total taxable payrolls for the year
605	ending June 30 of the current calendar year as reported to the
606	tax collection service provider by September 30 of that calendar
607	year into a sum equal to one-fourth of the difference between
608	the balance of the fund as of September 30 of that calendar year
609	and the sum of 5 percent of the total taxable payrolls for that
610	year. The positive adjustment factor remains in effect for
611	subsequent years until the balance of the Unemployment
612	Compensation Trust Fund as of September 30 of the year
613	immediately preceding the effective date of the contribution
614	rate equals or exceeds 4 percent of the taxable payrolls for the
615	year ending June 30 of the current calendar year as reported to
616	the tax collection service provider by September 30 of that
617	calendar year.
618	(IV)d.  If, beginning January 1, 2015, and each year
619	thereafter, the balance of the Unemployment Compensation Trust
620	Fund as of September 30 of the year immediately preceding the
621	calendar year for which the contribution rate is being computed
622	exceeds 5 percent of the taxable payrolls for the year ending
623	June 30 of the current calendar year as reported to the tax
624	collection service provider by September 30 of that calendar
625	year, a negative adjustment factor must be computed. The
626	negative adjustment factor shall be computed annually beginning
627	on January 1, 2015, and each year thereafter, to the fifth
628	decimal place and rounded to the fourth decimal place by
629	dividing the sum of the total taxable payrolls for the year
630	ending June 30 of the current calendar year as reported to the
631	tax collection service provider by September 30 of the calendar
632	year into a sum equal to one-fourth of the difference between
633	the balance of the fund as of September 30 of the current
634	calendar year and 5 percent of the total taxable payrolls of
635	that year. The negative adjustment factor remains in effect for
636	subsequent years until the balance of the Unemployment
637	Compensation Trust Fund as of September 30 of the year
638	immediately preceding the effective date of the contribution
639	rate is less than 5 percent, but more than 4 percent of the
640	taxable payrolls for the year ending June 30 of the current
641	calendar year as reported to the tax collection service provider
642	by September 30 of that calendar year. The negative adjustment
643	authorized by this section is suspended in any calendar year in
644	which repayment of the principal amount of an advance received
645	from the federal Unemployment Compensation Trust Fund under 42
646	U.S.C. s. 1321 is due to the Federal Government.
647	(V)e.  The maximum contribution rate that may be assigned
648	to an employer is 5.4 percent, except employers participating in
649	an approved short-time compensation plan may be assigned a
650	maximum contribution rate that is 1 percent greater than the
651	maximum contribution rate for other employers in any calendar
652	year in which short-time compensation benefits are charged to
653	the employer's employment record.
654	(VI)f.  As used in this subsection, "taxable payroll" shall
655	be determined by excluding any part of the remuneration paid to
656	an individual by an employer for employment during a calendar
657	year in excess of the first $7,000. Beginning January 1, 2012,
658	"taxable payroll" shall be determined by excluding any part of
659	the remuneration paid to an individual by an employer for
660	employment during a calendar year as described in s.
661	443.1217(2). For the purposes of the employer rate calculation
662	that will take effect in January 1, 2012, and in January 1,
663	2013, the tax collection service provider shall use the data
664	available for taxable payroll from 2009 based on excluding any
665	part of the remuneration paid to an individual by an employer
666	for employment during a calendar year in excess of the first
667	$7,000, and from 2010 and 2011, the data available for taxable
668	payroll based on excluding any part of the remuneration paid to
669	an individual by an employer for employment during a calendar
670	year in excess of the first $8,500.
671	b.2.  If the transfer of an employer's employment record to
672	an employing unit under paragraph (f) which, before the
673	transfer, was an employer, the tax collection service provider
674	shall recompute a benefit ratio for the successor employer based
675	on the combined employment records and reassign an appropriate
676	contribution rate to the successor employer effective on the
677	first day of the calendar quarter immediately after the
678	effective date of the transfer.
679	Section 9.  Present paragraph (f) of subsection (1) of
680	section 443.141, Florida Statutes, is redesignated as paragraph
681	(g), and new paragraph (f) is added to that subsection to read:
682	443.141  Collection of contributions and reimbursements.-
683	(1)  PAST DUE CONTRIBUTIONS AND REIMBURSEMENTS; DELINQUENT,
684	ERRONEOUS, INCOMPLETE, OR INSUFFICIENT REPORTS.-
685	(f)  Payments for 2012, 2013, and 2014 Contributions.-For
686	an annual administrative fee not to exceed $5, a contributing
687	employer may pay its quarterly contributions due for wages paid
688	in the first three quarters of 2012, 2013, and 2014 in equal
689	installments if those contributions are paid as follows:
690	1.  For contributions due for wages paid in the first
691	quarter of each year, one-fourth of the contributions due must
692	be paid on or before April 30, one-fourth must be paid on or
693	before July 31, one-fourth must be paid on or before October 31,
694	and one-fourth must be paid on or before December 31.
695	2.  In addition to the payments specified in subparagraph
696	1., for contributions due for wages paid in the second quarter
697	of each year, one-third of the contributions due must be paid on
698	or before July 31, one-third must be paid on or before October
699	31, and one-third must be paid on or before December 31.
700	3.  In addition to the payments specified in subparagraphs
701	1. and 2., for contributions due for wages paid in the third
702	quarter of each year, one-half of the contributions due must be
703	paid on or before October 31, and one-half must be paid on or
704	before December 31.
705	4.  The annual administrative fee assessed for electing to
706	pay under the installment method shall be collected at the time
707	the employer makes the first installment payment each year. The
708	fee shall be segregated from the payment and deposited into the
709	Operating Trust Fund of the Department of Revenue.
710	5.  Interest does not accrue on any contribution that
711	becomes due for wages paid in the first three quarters of each
712	year if the employer pays the contribution in accordance with
713	subparagraphs 1.-4. Interest and fees continue to accrue on
714	prior delinquent contributions and commence accruing on all
715	contributions due for wages paid in the first three quarters of
716	each year which are not paid in accordance with subparagraphs
717	1.-3. Penalties may be assessed in accordance with this chapter.
718	The contributions due for wages paid in the fourth quarter of
719	2012, 2013, and 2014 are not affected by this paragraph and are
720	due and payable in accordance with this chapter.
721	Section 10.  Paragraphs (b) and (d) of subsection (3) and
722	paragraphs (b) and (e) of subsection (4) of section 443.151,
723	Florida Statutes, are amended to read:
724	443.151  Procedure concerning claims.-
725	(3)  DETERMINATION OF ELIGIBILITY.-
726	(b)  Monetary determinations.-In addition to the notice of
727	claim, the Agency for Workforce Innovation must shall also
728	promptly provide an initial monetary determination to the
729	claimant and each base period employer whose account is subject
730	to being charged for its respective share of benefits on the
731	claim. The monetary determination must include a statement of
732	whether and in what amount the claimant is entitled to benefits,
733	and, in the event of a denial, must state the reasons for the
734	denial. A monetary determination for the first week of a benefit
735	year must also include a statement of whether the claimant was
736	paid the wages required under s. 443.091(1)(h)(g) and, if so,
737	the first day of the benefit year, the claimant's weekly benefit
738	amount, and the maximum total amount of benefits payable to the
739	claimant for a benefit year. The monetary determination is final
740	unless within 20 days after the mailing of the notices to the
741	parties' last known addresses, or in lieu of mailing, within 20
742	days after the delivery of the notices, an appeal or written
743	request for reconsideration is filed by the claimant or other
744	party entitled to notice. The agency may adopt rules as
745	necessary to implement the processes described in this paragraph
746	relating to notices of monetary determinations and the appeals
747	or reconsideration requests filed in response to such notices.
748	(d)  Determinations in labor dispute cases.-If a Whenever
749	any claim involves a labor dispute described in s. 443.101(4),
750	the Agency for Workforce Innovation shall promptly assign the
751	claim to a special examiner who shall make a determination on
752	the issues involving unemployment due to the labor dispute. The
753	special examiner shall make the determination after an
754	investigation, as necessary. The claimant or another party
755	entitled to notice of the determination may appeal a
756	determination under subsection (4).
757	(4)  APPEALS.-
758	(b)  Filing and hearing.-
759	1.  The claimant or any other party entitled to notice of a
760	determination may appeal an adverse determination to an appeals
761	referee within 20 days after the date of mailing of the notice
762	to her or his last known address or, if the notice is not
763	mailed, within 20 days after the date of delivery of the notice.
764	2.  Unless the appeal is untimely or withdrawn or review is
765	initiated by the commission, the appeals referee, after mailing
766	all parties and attorneys of record a notice of hearing at least
767	10 days before the date of hearing, notwithstanding the 14-day
768	notice requirement in s. 120.569(2)(b), may only affirm, modify,
769	or reverse the determination. An appeal may not be withdrawn
770	without the permission of the appeals referee.
771	3.  However, when an appeal appears to have been filed
772	after the permissible time limit, the Office of Appeals may
773	issue an order to show cause to the appellant, requiring the
774	appellant to show why the appeal should not be dismissed as
775	untimely. If the appellant does not, within 15 days after the
776	mailing date of the order to show cause, provide written
777	evidence of timely filing or good cause for failure to appeal
778	timely, the appeal shall be dismissed.
779	4.  When an appeal involves a question of whether services
780	were performed by a claimant in employment or for an employer,
781	the referee must give special notice of the question and of the
782	pendency of the appeal to the employing unit and to the Agency
783	for Workforce Innovation, both of which become parties to the
784	proceeding.
785	5.a.  Any part of the evidence may be received in written
786	form, and all testimony of parties and witnesses shall be made
787	under oath.
788	b.  Irrelevant, immaterial, or unduly repetitious evidence
789	shall be excluded, but all other evidence of a type commonly
790	relied upon by reasonably prudent persons in the conduct of
791	their affairs shall be admissible, whether or not such evidence
792	would be admissible in a trial in the courts of the state.
793	c.  Hearsay evidence may be used for the purpose of
794	supplementing or explaining other evidence, or to support a
795	finding if it would be admissible over objection in civil
796	actions. Notwithstanding s. 120.57(1)(c), hearsay evidence may
797	support a finding of fact if:
798	(I)  The party against whom it is offered has a reasonable
799	opportunity to review such evidence prior to the hearing; and
800	(II)  The appeals referee or special deputy determines,
801	after considering all relevant facts and circumstances, that the
802	evidence is trustworthy and probative and that the interests of
803	justice will best be served by its admission into evidence.
804	6.5.  The parties must be notified promptly of the
805	referee's decision. The referee's decision is final unless
806	further review is initiated under paragraph (c) within 20 days
807	after the date of mailing notice of the decision to the party's
808	last known address or, in lieu of mailing, within 20 days after
809	the delivery of the notice.
810	(e)  Judicial review.-Orders of the commission entered
811	under paragraph (c) are subject to appellate review only by
812	notice of appeal in the district court of appeal in the
813	appellate district in which a claimant resides or the job
814	separation arose the issues involved were decided by an appeals
815	referee. However, if the notice of appeal is submitted to the
816	commission, the commission shall file the notice in the district
817	court of appeal in the appellate district in which the order was
818	issued. Notwithstanding chapter 120, the commission is a party
819	respondent to every such proceeding. The Agency for Workforce
820	Innovation may initiate judicial review of orders in the same
821	manner and to the same extent as any other party.
822	Section 11.  Section (10) is added to section 443.171,
823	Florida Statutes, to read:
824	443.171  Agency for Workforce Innovation and commission;
825	powers and duties; records and reports; proceedings; state-
826	federal cooperation.-
827	(10)  EVIDENCE OF MAILING.-The existence of a mailing date
828	on any notice, determination, decision, order, or other document
829	mailed by the Agency for Workforce Innovation or its tax
830	collection service provider pursuant to this chapter creates a
831	rebuttable presumption that such notice, determination, order,
832	or other document was mailed on the date indicated.
833	Section 12.  Notwithstanding the expiration date contained
834	in section 1 of chapter 2010-90, Laws of Florida, operating
835	retroactive to June 2, 2010, and expiring January 4, 2012,
836	section 443.1117, Florida Statutes, is revived, readopted, and
837	amended to read:
838	443.1117  Temporary extended benefits.-
839	(1)  APPLICABILITY OF EXTENDED BENEFITS STATUTE.-Except if
840	the result is inconsistent with other provisions of this
841	section, s. 443.1115(2), (3), (4), (6), and (7) apply to all
842	claims covered by this section.
843	(2)  DEFINITIONS.-As used in For the purposes of this
844	section, the term:
845	(a)  "Regular benefits" and "extended benefits" have the
846	same meaning as in s. 443.1115.
847	(b)  "Eligibility period" means the weeks in an
848	individual's benefit year or emergency benefit period which
849	begin in an extended benefit period and, if the benefit year or
850	emergency benefit period ends within that extended benefit
851	period, any subsequent weeks beginning in that period.
852	(c)  "Emergency benefits" means Emergency Unemployment
853	Compensation paid pursuant to Pub. L. No. 110-252, Pub. L. No.
854	110-449, Pub. L. No. 111-5, Pub. L. No. 111-92, Pub. L. No. 111-
855	118, Pub. L. No. 111-144, and Pub. L. No. 111-157, Pub. L. No.
856	111-205, and Pub. L. No. 111-312.
857	(d)  "Extended benefit period" means a period that:
858	1.  Begins with the third week after a week for which there
859	is a state "on" indicator; and
860	2.  Ends with any of the following weeks, whichever occurs
861	later:
862	a.  The third week after the first week for which there is
863	a state "off" indicator; or
864	b.  The 13th consecutive week of that period.
865
866	However, an extended benefit period may not begin by reason of a
867	state "on" indicator before the 14th week after the end of a
868	prior extended benefit period that was in effect for this state.
869	(e)  "Emergency benefit period" means the period during
870	which an individual receives emergency benefits as defined in
871	paragraph (c).
872	(f)  "Exhaustee" means an individual who, for any week of
873	unemployment in her or his eligibility period:
874	1.  Has received, before that week, all of the regular
875	benefits and emergency benefits, if any, available under this
876	chapter or any other law, including dependents' allowances and
877	benefits payable to federal civilian employees and ex-
878	servicemembers under 5 U.S.C. ss. 8501-8525, in the current
879	benefit year or emergency benefit period that includes that
880	week. For the purposes of this subparagraph, an individual has
881	received all of the regular benefits and emergency benefits, if
882	any, available even if although, as a result of a pending appeal
883	for wages paid for insured work which were not considered in the
884	original monetary determination in the benefit year, she or he
885	may subsequently be determined to be entitled to added regular
886	benefits;
887	2.  Had a benefit year that which expired before that week,
888	and was paid no, or insufficient, wages for insured work on the
889	basis of which she or he could establish a new benefit year that
890	includes that week; and
891	3.a.  Has no right to unemployment benefits or allowances
892	under the Railroad Unemployment Insurance Act or other federal
893	laws as specified in regulations issued by the United States
894	Secretary of Labor; and
895	b.  Has not received and is not seeking unemployment
896	benefits under the unemployment compensation law of Canada; but
897	if an individual is seeking those benefits and the appropriate
898	agency finally determines that she or he is not entitled to
899	benefits under that law, she or he is considered an exhaustee.
900	(g)  "State 'on' indicator" means, with respect to weeks of
901	unemployment beginning on or after February 1, 2009, and ending
902	on or before December 10, 2011 May 8, 2010, the occurrence of a
903	week in which the average total unemployment rate, seasonally
904	adjusted, as determined by the United States Secretary of Labor,
905	for the most recent 3 months for which data for all states are
906	published by the United States Department of Labor:
907	1.  Equals or exceeds 110 percent of the average of those
908	rates for the corresponding 3-month period ending in any or all
909	each of the preceding 3 2 calendar years; and
910	2.  Equals or exceeds 6.5 percent.
911	(h)  "High unemployment period" means, with respect to
912	weeks of unemployment beginning on or after February 1, 2009,
913	and ending on or before December 10, 2011 May 8, 2010, any week
914	in which the average total unemployment rate, seasonally
915	adjusted, as determined by the United States Secretary of Labor,
916	for the most recent 3 months for which data for all states are
917	published by the United States Department of Labor:
918	1.  Equals or exceeds 110 percent of the average of those
919	rates for the corresponding 3-month period ending in any or all
920	each of the preceding 3 2 calendar years; and
921	2.  Equals or exceeds 8 percent.
922	(i)  "State 'off' indicator" means the occurrence of a week
923	in which there is no state "on" indicator or which does not
924	constitute a high unemployment period.
925	(3)  TOTAL EXTENDED BENEFIT AMOUNT.-Except as provided in
926	subsection (4):
927	(a)  For any week for which there is an "on" indicator
928	pursuant to paragraph (2)(g), the total extended benefit amount
929	payable to an eligible individual for her or his applicable
930	benefit year is the lesser of:
931	1.  Fifty percent of the total regular benefits payable
932	under this chapter in the applicable benefit year; or
933	2.  Thirteen times the weekly benefit amount payable under
934	this chapter for a week of total unemployment in the applicable
935	benefit year.
936	(b)  For any high unemployment period, the total extended
937	benefit amount payable to an eligible individual for her or his
938	applicable benefit year is the lesser of:
939	1.  Eighty percent of the total regular benefits payable
940	under this chapter in the applicable benefit year; or
941	2.  Twenty times the weekly benefit amount payable under
942	this chapter for a week of total unemployment in the applicable
943	benefit year.
944	(4)  EFFECT ON TRADE READJUSTMENT.-Notwithstanding any
945	other provision of this chapter, if the benefit year of an
946	individual ends within an extended benefit period, the number of
947	weeks of extended benefits the individual is entitled to receive
948	in that extended benefit period for weeks of unemployment
949	beginning after the end of the benefit year, except as provided
950	in this section, is reduced, but not to below zero, by the
951	number of weeks for which the individual received, within that
952	benefit year, trade readjustment allowances under the Trade Act
953	of 1974, as amended.
954	Section 13.  The provisions of s. 443.1117, Florida
955	Statutes, as revived, readopted, and amended by this act, apply
956	only to claims for weeks of unemployment in which an exhaustee
957	establishes entitlement to extended benefits pursuant to that
958	section which are established for the period between December
959	17, 2010, and January 4, 2012.
960	Section 14.  The Legislature finds that this act fulfills
961	an important state interest.
962	Section 15.  Except as otherwise expressly provided in this
963	act, this act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.