CS/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 and providing definitions; revising the term
9	"misconduct" to include conduct outside of the workplace
10	and additional lapses in behavior; amending s. 443.041,
11	F.S.; conforming a cross-reference; amending s. 443.091,
12	F.S.; conforming provisions to changes made by the act;
13	requiring that an applicant for benefits participate in an
14	initial skills review; providing exceptions; requiring the
15	administrator or operator of the initial skills review to
16	notify specified entities regarding review completion and
17	results; amending s. 443.101, F.S.; clarifying "good
18	cause" for voluntarily leaving employment; disqualifying a
19	person for benefits due to the receipt of severance pay;
20	revising provisions relating to the effects of criminal
21	acts on eligibility for benefits; amending s. 443.111,
22	F.S.; providing a definition; reducing the amount and
23	revising the calculation of the number of weeks of a
24	claimant's benefit eligibility; amending s. 443.1216,
25	F.S.; conforming provisions to changes made by the act;
26	amending s. 443.131, F.S.; providing definitions; revising
27	an employer's unemployment compensation contribution rate
28	by certain factors; amending s. 443.141, F.S.; providing
29	an employer payment schedule for 2012, 2013, and 2014
30	contributions; amending s. 443.151, F.S.; revising
31	allowable forms of evidence in benefit appeals; revising
32	the judicial venue for reviewing commission orders;
33	amending s. 443.171, F.S.; specifying that evidence of
34	mailing an agency document is based on the date stated on
35	the document; reviving, readopting, and amending s.
36	443.1117, F.S., relating to temporary extended benefits;
37	providing for retroactive application; establishing
38	temporary state extended benefits for weeks of
39	unemployment; revising definitions; providing for state
40	extended benefits for certain weeks and for periods of
41	high unemployment; providing applicability; providing
42	appropriations for purposes of implementation; providing
43	that the act fulfills an important state interest;
44	providing effective dates.
45
46	Be It Enacted by the Legislature of the State of Florida:
47
48	Section 1.  Subsection (4) of section 213.053, Florida
49	Statutes, is amended to read:
50	213.053  Confidentiality and information sharing.-
51	(4)  The department, while providing unemployment tax
52	collection services under contract with the Agency for Workforce
53	Innovation through an interagency agreement pursuant to s.
54	443.1316, may release unemployment tax rate information to the
55	agent of an employer who, which agent provides payroll services
56	for more than 100 500 employers, pursuant to the terms of a
57	memorandum of understanding. The memorandum of understanding
58	must state that the agent affirms, subject to the criminal
59	penalties contained in ss. 443.171 and 443.1715, that the agent
60	will retain the confidentiality of the information, that the
61	agent has in effect a power of attorney from the employer which
62	permits the agent to obtain unemployment tax rate information,
63	and that the agent shall provide the department with a copy of
64	the employer's power of attorney upon request.
65	Section 2.  Section 443.031, Florida Statutes, is amended
66	to read:
67	443.031  Rule of liberal construction.-This chapter may not
68	shall be liberally construed to in favor or disfavor of a
69	claimant of unemployment benefits who is unemployed through no
70	fault of his or her own. Any doubt as to the proper construction
71	of this chapter shall be resolved in favor of conformity with
72	federal law, including, but not limited to, the Federal
73	Unemployment Tax Act, the Social Security Act, the Wagner-Peyser
74	Act, and the Workforce Investment Act.
75	Section 3.  Present subsections (26) through (45) of
76	section 443.036, Florida Statutes, are renumbered as subsections
77	(28) through (47), respectively, new subsections (26) and (27)
78	are added to that section, and present subsections (6), (9),
79	(29), and (43) of that section are amended, to read:
80	443.036  Definitions.-As used in this chapter, the term:
81	(6)  "Available for work" means actively seeking and being
82	ready and willing to accept suitable work employment.
83	(9)  "Benefit year" means, for an individual, the 1-year
84	period beginning with the first day of the first week for which
85	the individual first files a valid claim for benefits and,
86	thereafter, the 1-year period beginning with the first day of
87	the first week for which the individual next files a valid claim
88	for benefits after the termination of his or her last preceding
89	benefit year. Each claim for benefits made in accordance with s.
90	443.151(2) is a valid claim under this subsection if the
91	individual was paid wages for insured work in accordance with s.
92	443.091(1)(g) and is unemployed as defined in subsection (45)
93	(43) at the time of filing the claim. However, the Agency for
94	Workforce Innovation may adopt rules providing for the
95	establishment of a uniform benefit year for all workers in one
96	or more groups or classes of service or within a particular
97	industry if the agency determines, after notice to the industry
98	and to the workers in the industry and an opportunity to be
99	heard in the matter, that those groups or classes of workers in
100	a particular industry periodically experience unemployment
101	resulting from layoffs or shutdowns for limited periods of time.
102	(26)  "Individual in continued reporting status" means an
103	individual who has been determined to be eligible pursuant to s.
104	443.091 who is reporting to the Agency for Workforce Innovation
105	in accordance with s. 443.091(1)(c).
106	(27)  "Initial skills review" means an online education or
107	training program, such as that established under s. 1004.99,
108	that is approved by the Agency for Workforce Innovation and
109	designed to measure an individual's mastery level of workplace
110	skills.
111	(31)(29)  "Misconduct," irrespective of whether the
112	misconduct occurs at the workplace or during working hours,
113	includes, but is not limited to, the following, which may not be
114	construed in pari materia with each other:
115	(a)  Conduct demonstrating conscious willful or wanton
116	disregard of an employer's interests and found to be a
117	deliberate violation or disregard of the reasonable standards of
118	behavior which the employer expects has a right to expect of his
119	or her employee.; or
120	(b)  Carelessness or negligence to a degree or recurrence
121	that manifests culpability, wrongful intent, or evil design or
122	shows an intentional and substantial disregard of the employer's
123	interests or of the employee's duties and obligations to his or
124	her employer.
125	(c)  Chronic absenteeism or tardiness in deliberate
126	violation of a known policy of the employer or one or more
127	unapproved absences following a written reprimand or warning
128	relating to more than one unapproved absence.
129	(d)  A willful and deliberate violation of a standard or
130	regulation of this state by an employee of an employer licensed
131	or certified by this state, which violation would cause the
132	employer to be sanctioned or have its license or certification
133	suspended by this state.
134	(e)  A violation of an employer's rule, unless the claimant
135	can demonstrate that:
136	1.  He or she did not know, and could not reasonably know,
137	of the rule's requirements;
138	2.  The rule is not lawful or not reasonably related to the
139	job environment and performance; or
140	3.  The rule is not fairly or consistently enforced.
141	(45)(43)  "Unemployment" or "unemployed" means:
142	(a)  An individual is "totally unemployed" in any week
143	during which he or she does not perform any services and for
144	which earned income is not payable to him or her. An individual
145	is "partially unemployed" in any week of less than full-time
146	work if the earned income payable to him or her for that week is
147	less than his or her weekly benefit amount. The Agency for
148	Workforce Innovation may adopt rules prescribing distinctions in
149	the procedures for unemployed individuals based on total
150	unemployment, part-time unemployment, partial unemployment of
151	individuals attached to their regular jobs, and other forms of
152	short-time work.
153	(b)  An individual's week of unemployment commences only
154	after his or her registration with the Agency for Workforce
155	Innovation as required in s. 443.091, except as the agency may
156	otherwise prescribe by rule.
157	Section 4.  Paragraph (b) of subsection (2) of section
158	443.041, Florida Statutes, is amended to read:
159	443.041  Waiver of rights; fees; privileged
160	communications.-
161	(2)  FEES.-
162	(b)  An attorney at law representing a claimant for
163	benefits in any district court of appeal of this state or in the
164	Supreme Court of Florida is entitled to counsel fees payable by
165	the Agency for Workforce Innovation as set by the court if the
166	petition for review or appeal is initiated by the claimant and
167	results in a decision awarding more benefits than provided in
168	the decision from which appeal was taken. The amount of the fee
169	may not exceed 50 percent of the total amount of regular
170	benefits permitted under s. 443.111(5)(b)(a) during the benefit
171	year.
172	Section 5.  Paragraph (b) of subsection (1) of section
173	443.091, Florida Statutes, is amended to read:
174	443.091  Benefit eligibility conditions.-
175	(1)  An unemployed individual is eligible to receive
176	benefits for any week only if the Agency for Workforce
177	Innovation finds that:
178	(b)  She or he has registered with the agency for work and
179	subsequently reports to the one-stop career center as directed
180	by the regional workforce board for reemployment services. This
181	requirement does not apply to persons who are:
182	1.  Non-Florida residents;
183	2.  On a temporary layoff, as defined in s. 443.036(42);
184	3.  Union members who customarily obtain employment through
185	a union hiring hall; or
186	4.  Claiming benefits under an approved short-time
187	compensation plan as provided in s. 443.1116.
188	Section 6.  Effective August 1, 2011, paragraph (c) of
189	subsection (1) of section 443.091, Florida Statutes, is amended
190	to read:
191	443.091  Benefit eligibility conditions.-
192	(1)  An unemployed individual is eligible to receive
193	benefits for any week only if the Agency for Workforce
194	Innovation finds that:
195	(c)  To make continued claims for benefits, she or he is
196	reporting to the agency in accordance with its rules.
197	1.  These rules may not conflict with s. 443.111(1)(b),
198	including the requirement that each claimant continue to report
199	regardless of any pending appeal relating to her or his
200	eligibility or disqualification for benefits.
201	2.  An individual in continued reporting status must
202	participate in an initial skills review as directed by the
203	agency. The failure of the individual to comply with this
204	subparagraph will result in the individual being determined
205	ineligible for the week in which the noncompliance occurred and
206	for any subsequent week of unemployment until the requirement is
207	satisfied. However, this subparagraph does not apply if the
208	individual is able to affirmatively attest to being unable to
209	complete such review due to illiteracy, language barrier, or
210	technological impediment.
211	3.  The administrator or operator of the initial skills
212	review must notify the agency when the individual completes
213	participation in the initial skills review. The administrator or
214	operator of the initial skills review must also report the
215	results of the individual's initial skills review to the
216	regional workforce board or the one-stop career center as
217	directed by the workforce board for reemployment services.
218	Section 7.  Paragraph (a) of subsection (1) and subsections
219	(2), (3), and (9) of section 443.101, Florida Statutes, are
220	amended, and subsection (12) is added to that section, to read:
221	443.101  Disqualification for benefits.-An individual shall
222	be disqualified for benefits:
223	(1)(a)  For the week in which he or she has voluntarily
224	left work without good cause attributable to his or her
225	employing unit or in which the individual has been discharged by
226	the employing unit for misconduct connected with his or her
227	work, based on a finding by the Agency for Workforce Innovation.
228	As used in this paragraph, the term "work" means any work,
229	whether full-time, part-time, or temporary.
230	1.  Disqualification for voluntarily quitting continues for
231	the full period of unemployment next ensuing after the
232	individual has left his or her full-time, part-time, or
233	temporary work voluntarily without good cause and until the
234	individual has earned income equal to or in excess of 17 times
235	his or her weekly benefit amount. As used in this subsection,
236	the term "good cause" includes only that cause attributable to
237	the employing unit that would compel a reasonable employee to
238	cease his or her work or which consists of the individual's
239	illness or disability requiring separation from his or her work.
240	Any other disqualification may not be imposed. An individual is
241	not disqualified under this subsection for voluntarily leaving
242	temporary work to return immediately when called to work by the
243	permanent employing unit that temporarily terminated his or her
244	work within the previous 6 calendar months. An individual is not
245	disqualified under this subsection for voluntarily leaving work
246	to relocate as a result of his or her military-connected
247	spouse's permanent change of station orders, activation orders,
248	or unit deployment orders.
249	2.  Disqualification for being discharged for misconduct
250	connected with his or her work continues for the full period of
251	unemployment next ensuing after having been discharged and until
252	the individual is reemployed and has earned income of at least
253	17 times his or her weekly benefit amount and for not more than
254	52 weeks that immediately follow that week, as determined by the
255	agency in each case according to the circumstances in each case
256	or the seriousness of the misconduct, under the agency's rules
257	adopted for determinations of disqualification for benefits for
258	misconduct.
259	3.  If an individual has provided notification to the
260	employing unit of his or her intent to voluntarily leave work
261	and the employing unit discharges the individual for reasons
262	other than misconduct before the date the voluntary quit was to
263	take effect, the individual, if otherwise entitled, shall
264	receive benefits from the date of the employer's discharge until
265	the effective date of his or her voluntary quit.
266	4.  If an individual is notified by the employing unit of
267	the employer's intent to discharge the individual for reasons
268	other than misconduct and the individual quits without good
269	cause, as defined in this section, before the date the discharge
270	was to take effect, the claimant is ineligible for benefits
271	pursuant to s. 443.091(1)(d) for failing to be available for
272	work for the week or weeks of unemployment occurring before the
273	effective date of the discharge.
274	(2)  If the Agency for Workforce Innovation finds that the
275	individual has failed without good cause to actively seek work,
276	apply for available suitable work when directed by the agency or
277	the one-stop career center, to accept suitable work when offered
278	to him or her, or to return to the individual's customary self-
279	employment when directed by the agency, the disqualification
280	continues for the full period of unemployment next ensuing after
281	he or she failed without good cause to actively seek work, apply
282	for available suitable work, to accept suitable work, or to
283	return to his or her customary self-employment, under this
284	subsection, and until the individual has earned income at least
285	17 times his or her weekly benefit amount. The Agency for
286	Workforce Innovation shall by rule adopt criteria for
287	determining the "suitability of work," as used in this section.
288	The Agency for Workforce Innovation in developing these rules
289	shall consider the duration of a claimant's unemployment in
290	determining the suitability of work and the suitability of
291	proposed rates of compensation for available work. Further,
292	after an individual has received 19 25 weeks of benefits in a
293	single year, suitable work is a job that pays the minimum wage
294	and is 120 percent or more of the weekly benefit amount the
295	individual is drawing.
296	(a)  In determining whether or not any work is suitable for
297	an individual, the Agency for Workforce Innovation shall
298	consider the degree of risk involved to his or her health,
299	safety, and morals; his or her physical fitness and prior
300	training; the individual's experience and prior earnings; his or
301	her length of unemployment and prospects for securing local work
302	in his or her customary occupation; and the distance of the
303	available work from his or her residence.
304	(b)  Notwithstanding any other provisions of this chapter,
305	work is not deemed suitable and benefits may not be denied under
306	this chapter to any otherwise eligible individual for refusing
307	to accept new work under any of the following conditions:
308	1.  If the position offered is vacant due directly to a
309	strike, lockout, or other labor dispute.
310	2.  If the wages, hours, or other conditions of the work
311	offered are substantially less favorable to the individual than
312	those prevailing for similar work in the locality.
313	3.  If as a condition of being employed, the individual
314	would be required to join a company union or to resign from or
315	refrain from joining any bona fide labor organization.
316	(c)  If the Agency for Workforce Innovation finds that an
317	individual was rejected for offered employment as the direct
318	result of a positive, confirmed drug test required as a
319	condition of employment, the individual is disqualified for
320	refusing to accept an offer of suitable work.
321	(3)  For any week with respect to which he or she is
322	receiving or has received remuneration in the form of:
323	(a)  Wages in lieu of notice.
324	(b)  Severance pay. The number of weeks that an
325	individual's severance pay disqualifies the individual is equal
326	to the amount of the severance pay divided by that individual's
327	average weekly wage received from his or her most recent
328	employer, rounded down to the nearest whole number, beginning
329	with the week the individual is separated from employment.
330	(c)(b)1.  Compensation for temporary total disability or
331	permanent total disability under the workers' compensation law
332	of any state or under a similar law of the United States.
333
334	2.  However, If the remuneration referred to in this subsection
335	paragraphs (a) and (b) is less than the benefits that would
336	otherwise be due under this chapter, an individual who is
337	otherwise eligible he or she is entitled to receive for that
338	week, if otherwise eligible, benefits reduced by the amount of
339	the remuneration.
340	(9)  If the individual was terminated from his or her work
341	for violation of any criminal law punishable by imprisonment, or
342	for any dishonest act, in connection with his or her work, as
343	follows:
344	(a)  If the Agency for Workforce Innovation or the
345	Unemployment Appeals Commission finds that the individual was
346	terminated from his or her work for violation of any criminal
347	law, under any jurisdiction, which was punishable by
348	imprisonment in connection with his or her work, and the
349	individual was convicted found guilty of the offense, made an
350	admission of guilt in a court of law, or entered a plea of
351	guilty or nolo contendere no contest, the individual is not
352	entitled to unemployment benefits for up to 52 weeks, pursuant
353	to under rules adopted by the agency for Workforce Innovation,
354	and until he or she has earned income of at least 17 times his
355	or her weekly benefit amount. If, before an adjudication of
356	guilt, an admission of guilt, or a plea of nolo contendere no
357	contest, the employer proves by competent substantial evidence
358	to shows the agency for Workforce Innovation that the arrest was
359	due to a crime against the employer or the employer's business,
360	customers, or invitees and, after considering all the evidence,
361	the Agency for Workforce Innovation finds misconduct in
362	connection with the individual's work, the individual is not
363	entitled to unemployment benefits.
364	(b)  If the Agency for Workforce Innovation or the
365	Unemployment Appeals Commission finds that the individual was
366	terminated from work for any dishonest act in connection with
367	his or her work, the individual is not entitled to unemployment
368	benefits for up to 52 weeks, under rules adopted by the Agency
369	for Workforce Innovation, and until he or she has earned income
370	of at least 17 times his or her weekly benefit amount. In
371	addition, if the employer terminates an individual as a result
372	of a dishonest act in connection with his or her work and the
373	Agency for Workforce Innovation finds misconduct in connection
374	with his or her work, the individual is not entitled to
375	unemployment benefits.
376
377	With respect to an individual disqualified for benefits, the
378	account of the terminating employer, if the employer is in the
379	base period, is noncharged at the time the disqualification is
380	imposed.
381	(12)  For any week in which the individual is unavailable
382	for work due to incarceration or imprisonment.
383	Section 8.  Effective April 1, 2011, subsection (5) of
384	section 443.111, Florida Statutes, is amended to read:
385	443.111  Payment of benefits.-
386	(5)  DURATION OF BENEFITS.-
387	(a)  As used in this section, the term "Florida average
388	unemployment rate" means the average of the three months for the
389	most recent third calendar year quarter of the seasonally
390	adjusted statewide unemployment rates as published by the Agency
391	for Workforce Innovation.
392	(b)1.  Each otherwise eligible individual is entitled
393	during any benefit year to a total amount of benefits equal to
394	25 percent of the total wages in his or her base period, not to
395	exceed $5,500 or the product arrived at by multiplying the
396	weekly benefit amount with the number of weeks determined in
397	paragraph (c), whichever is less $7,150. However, the total
398	amount of benefits, if not a multiple of $1, is rounded downward
399	to the nearest full dollar amount. These benefits are payable at
400	a weekly rate no greater than the weekly benefit amount.
401	(c)  For claims submitted during a calendar year, the
402	duration of benefits is limited to:
403	1.  12 weeks if the Florida average unemployment rate is at
404	or below 5 percent.
405	2.  An additional week in addition to the 12 weeks for each
406	0.5 percent increment in the Florida average unemployment rate
407	above 5 percent.
408	3.  Up to a maximum of 20 weeks if the Florida average
409	unemployment rate equals or exceeds 9 percent.
410	(d)2.  For the purposes of this subsection, wages are
411	counted as "wages for insured work" for benefit purposes with
412	respect to any benefit year only if the benefit year begins
413	after the date the employing unit by whom the wages were paid
414	has satisfied the conditions of this chapter for becoming an
415	employer.
416	(e)(b)  If the remuneration of an individual is not based
417	upon a fixed period or duration of time or if the individual's
418	wages are paid at irregular intervals or in a manner that does
419	not extend regularly over the period of employment, the wages
420	for any week or for any calendar quarter for the purpose of
421	computing an individual's right to employment benefits only are
422	determined in the manner prescribed by rule. These rules, to the
423	extent practicable, must secure results reasonably similar to
424	those that would prevail if the individual were paid her or his
425	wages at regular intervals.
426	Section 9.  Paragraph (f) of subsection (13) of section
427	443.1216, Florida Statutes, is amended to read:
428	443.1216  Employment.-Employment, as defined in s. 443.036,
429	is subject to this chapter under the following conditions:
430	(13)  The following are exempt from coverage under this
431	chapter:
432	(f)  Service performed in the employ of a public employer
433	as defined in s. 443.036, except as provided in subsection (2),
434	and service performed in the employ of an instrumentality of a
435	public employer as described in s. 443.036(37)(35)(b) or (c), to
436	the extent that the instrumentality is immune under the United
437	States Constitution from the tax imposed by s. 3301 of the
438	Internal Revenue Code for that service.
439	Section 10.  Effective upon this act becoming a law and
440	retroactive to June 30, 2010, paragraphs (b) and (e) of
441	subsection (3) of section 443.131, Florida Statutes, are amended
442	to read:
443	443.131  Contributions.-
444	(3)  VARIATION OF CONTRIBUTION RATES BASED ON BENEFIT
445	EXPERIENCE.-
446	(b)  Benefit ratio.-
447	1.  As used in this paragraph, the term "annual payroll"
448	means the calendar quarter taxable payroll reported to the tax
449	collection service provider for the quarters used in computing
450	the benefit ratio. The term does not include a penalty resulting
451	from the untimely filing of required wage and tax reports. All
452	of the taxable payroll reported to the tax collection service
453	provider by the end of the quarter preceding the quarter for
454	which the contribution rate is to be computed must be used in
455	the computation.
456	2.  As used in this paragraph, the term "benefits charged
457	to the employer's employment record" means the amount of
458	benefits paid to individuals multiplied by:
459	a.  1.0 for benefits paid prior to July 1, 2007.
460	b.  0.9 for benefits paid during the period beginning on
461	July 1, 2007, and ending March 31, 2011.
462	c.  1.0 for benefits paid after March 31, 2011.
463	3.2.  For each calendar year, the tax collection service
464	provider shall compute a benefit ratio for each employer whose
465	employment record was chargeable for benefits during the 12
466	consecutive quarters ending June 30 of the calendar year
467	preceding the calendar year for which the benefit ratio is
468	computed. An employer's benefit ratio is the quotient obtained
469	by dividing the total benefits charged to the employer's
470	employment record during the 3-year period ending June 30 of the
471	preceding calendar year by the total of the employer's annual
472	payroll for the 3-year period ending June 30 of the preceding
473	calendar year. The benefit ratio shall be computed to the fifth
474	decimal place and rounded to the fourth decimal place.
475	4.3.  The tax collection service provider shall compute a
476	benefit ratio for each employer who was not previously eligible
477	under subparagraph 3. 2., whose contribution rate is set at the
478	initial contribution rate in paragraph (2)(a), and whose
479	employment record was chargeable for benefits during at least 8
480	calendar quarters immediately preceding the calendar quarter for
481	which the benefit ratio is computed. The employer's benefit
482	ratio is the quotient obtained by dividing the total benefits
483	charged to the employer's employment record during the first 6
484	of the 8 completed calendar quarters immediately preceding the
485	calendar quarter for which the benefit ratio is computed by the
486	total of the employer's annual payroll during the first 7 of the
487	9 completed calendar quarters immediately preceding the calendar
488	quarter for which the benefit ratio is computed. The benefit
489	ratio shall be computed to the fifth decimal place and rounded
490	to the fourth decimal place and applies for the remainder of the
491	calendar year. The employer must subsequently be rated on an
492	annual basis using up to 12 calendar quarters of benefits
493	charged and up to 12 calendar quarters of annual payroll. That
494	employer's benefit ratio is the quotient obtained by dividing
495	the total benefits charged to the employer's employment record
496	by the total of the employer's annual payroll during the
497	quarters used in his or her first computation plus the
498	subsequent quarters reported through June 30 of the preceding
499	calendar year. Each subsequent calendar year, the rate shall be
500	computed under subparagraph 3. 2. The tax collection service
501	provider shall assign a variation from the standard rate of
502	contributions in paragraph (c) on a quarterly basis to each
503	eligible employer in the same manner as an assignment for a
504	calendar year under paragraph (e).
505	(e)  Assignment of variations from the standard rate.-
506	1.  As used in this paragraph, the terms "total benefit
507	payments," "benefits paid to an individual," and "benefits
508	charged to the employment record of an employer" mean the amount
509	of benefits paid to individuals multiplied by:
510	a.  1.0 for benefits paid prior to July 1, 2007.
511	b.  0.9 for benefits paid during the period beginning on
512	July 1, 2007, and ending March 31, 2011.
513	c.  1.0 for benefits paid after March 31, 2011.
514	2.  For the calculation of contribution rates effective
515	January 1, 2010, and thereafter:
516	a.1.  The tax collection service provider shall assign a
517	variation from the standard rate of contributions for each
518	calendar year to each eligible employer. In determining the
519	contribution rate, varying from the standard rate to be assigned
520	each employer, adjustment factors computed under sub-sub-
521	subparagraphs (I)-(IV) sub-subparagraphs a.-d. are added to the
522	benefit ratio. This addition shall be accomplished in two steps
523	by adding a variable adjustment factor and a final adjustment
524	factor. The sum of these adjustment factors computed under sub-
525	sub-subparagraphs (I)-(IV) sub-subparagraphs a.-d. shall first
526	be algebraically summed. The sum of these adjustment factors
527	shall next be divided by a gross benefit ratio determined as
528	follows: Total benefit payments for the 3-year period described
529	in subparagraph (b)3. (b)2. are charged to employers eligible
530	for a variation from the standard rate, minus excess payments
531	for the same period, divided by taxable payroll entering into
532	the computation of individual benefit ratios for the calendar
533	year for which the contribution rate is being computed. The
534	ratio of the sum of the adjustment factors computed under sub-
535	sub-subparagraphs (I)-(IV) sub-subparagraphs a.-d. to the gross
536	benefit ratio is multiplied by each individual benefit ratio
537	that is less than the maximum contribution rate to obtain
538	variable adjustment factors; except that if the sum of an
539	employer's individual benefit ratio and variable adjustment
540	factor exceeds the maximum contribution rate, the variable
541	adjustment factor is reduced in order for the sum to equal the
542	maximum contribution rate. The variable adjustment factor for
543	each of these employers is multiplied by his or her taxable
544	payroll entering into the computation of his or her benefit
545	ratio. The sum of these products is divided by the taxable
546	payroll of the employers who entered into the computation of
547	their benefit ratios. The resulting ratio is subtracted from the
548	sum of the adjustment factors computed under sub-sub-
549	subparagraphs (I)-(IV) sub-subparagraphs a.-d. to obtain the
550	final adjustment factor. The variable adjustment factors and the
551	final adjustment factor must be computed to five decimal places
552	and rounded to the fourth decimal place. This final adjustment
553	factor is added to the variable adjustment factor and benefit
554	ratio of each employer to obtain each employer's contribution
555	rate. An employer's contribution rate may not, however, be
556	rounded to less than 0.1 percent.
557	(I)a.  An adjustment factor for noncharge benefits is
558	computed to the fifth decimal place and rounded to the fourth
559	decimal place by dividing the amount of noncharge benefits
560	during the 3-year period described in subparagraph (b)3. (b)2.
561	by the taxable payroll of employers eligible for a variation
562	from the standard rate who have a benefit ratio for the current
563	year which is less than the maximum contribution rate. For
564	purposes of computing this adjustment factor, the taxable
565	payroll of these employers is the taxable payrolls for the 3
566	years ending June 30 of the current calendar year as reported to
567	the tax collection service provider by September 30 of the same
568	calendar year. As used in this sub-sub-subparagraph sub-
569	subparagraph, the term "noncharge benefits" means benefits paid
570	to an individual from the Unemployment Compensation Trust Fund,
571	but which were not charged to the employment record of any
572	employer.
573	(II)b.  An adjustment factor for excess payments is
574	computed to the fifth decimal place, and rounded to the fourth
575	decimal place by dividing the total excess payments during the
576	3-year period described in subparagraph (b)3. (b)2. by the
577	taxable payroll of employers eligible for a variation from the
578	standard rate who have a benefit ratio for the current year
579	which is less than the maximum contribution rate. For purposes
580	of computing this adjustment factor, the taxable payroll of
581	these employers is the same figure used to compute the
582	adjustment factor for noncharge benefits under sub-sub-
583	subparagraph (I) sub-subparagraph a. As used in this sub-
584	subparagraph, the term "excess payments" means the amount of
585	benefits charged to the employment record of an employer during
586	the 3-year period described in subparagraph (b)3. (b)2., less
587	the product of the maximum contribution rate and the employer's
588	taxable payroll for the 3 years ending June 30 of the current
589	calendar year as reported to the tax collection service provider
590	by September 30 of the same calendar year. As used in this sub-
591	sub-subparagraph sub-subparagraph, the term "total excess
592	payments" means the sum of the individual employer excess
593	payments for those employers that were eligible for assignment
594	of a contribution rate different from the standard rate.
595	(III)c.  With respect to computing a positive adjustment
596	factor:
597	(A)(I)  Beginning January 1, 2012, if the balance of the
598	Unemployment Compensation Trust Fund on September 30 of the
599	calendar year immediately preceding the calendar year for which
600	the contribution rate is being computed is less than 4 percent
601	of the taxable payrolls for the year ending June 30 as reported
602	to the tax collection service provider by September 30 of that
603	calendar year, a positive adjustment factor shall be computed.
604	The positive adjustment factor is computed annually to the fifth
605	decimal place and rounded to the fourth decimal place by
606	dividing the sum of the total taxable payrolls for the year
607	ending June 30 of the current calendar year as reported to the
608	tax collection service provider by September 30 of that calendar
609	year into a sum equal to one-third of the difference between the
610	balance of the fund as of September 30 of that calendar year and
611	the sum of 5 percent of the total taxable payrolls for that
612	year. The positive adjustment factor remains in effect for
613	subsequent years until the balance of the Unemployment
614	Compensation Trust Fund as of September 30 of the year
615	immediately preceding the effective date of the contribution
616	rate equals or exceeds 5 percent of the taxable payrolls for the
617	year ending June 30 of the current calendar year as reported to
618	the tax collection service provider by September 30 of that
619	calendar year.
620	(B)(II)  Beginning January 1, 2015, and for each year
621	thereafter, the positive adjustment shall be computed by
622	dividing the sum of the total taxable payrolls for the year
623	ending June 30 of the current calendar year as reported to the
624	tax collection service provider by September 30 of that calendar
625	year into a sum equal to one-fourth of the difference between
626	the balance of the fund as of September 30 of that calendar year
627	and the sum of 5 percent of the total taxable payrolls for that
628	year. The positive adjustment factor remains in effect for
629	subsequent years until the balance of the Unemployment
630	Compensation Trust Fund as of September 30 of the year
631	immediately preceding the effective date of the contribution
632	rate equals or exceeds 4 percent of the taxable payrolls for the
633	year ending June 30 of the current calendar year as reported to
634	the tax collection service provider by September 30 of that
635	calendar year.
636	(IV)d.  If, beginning January 1, 2015, and each year
637	thereafter, the balance of the Unemployment Compensation Trust
638	Fund as of September 30 of the year immediately preceding the
639	calendar year for which the contribution rate is being computed
640	exceeds 5 percent of the taxable payrolls for the year ending
641	June 30 of the current calendar year as reported to the tax
642	collection service provider by September 30 of that calendar
643	year, a negative adjustment factor must be computed. The
644	negative adjustment factor shall be computed annually beginning
645	on January 1, 2015, and each year thereafter, to the fifth
646	decimal place and rounded to the fourth decimal place by
647	dividing the sum of the total taxable payrolls for the year
648	ending June 30 of the current calendar year as reported to the
649	tax collection service provider by September 30 of the calendar
650	year into a sum equal to one-fourth of the difference between
651	the balance of the fund as of September 30 of the current
652	calendar year and 5 percent of the total taxable payrolls of
653	that year. The negative adjustment factor remains in effect for
654	subsequent years until the balance of the Unemployment
655	Compensation Trust Fund as of September 30 of the year
656	immediately preceding the effective date of the contribution
657	rate is less than 5 percent, but more than 4 percent of the
658	taxable payrolls for the year ending June 30 of the current
659	calendar year as reported to the tax collection service provider
660	by September 30 of that calendar year. The negative adjustment
661	authorized by this section is suspended in any calendar year in
662	which repayment of the principal amount of an advance received
663	from the federal Unemployment Compensation Trust Fund under 42
664	U.S.C. s. 1321 is due to the Federal Government.
665	(V)e.  The maximum contribution rate that may be assigned
666	to an employer is 5.4 percent, except employers participating in
667	an approved short-time compensation plan may be assigned a
668	maximum contribution rate that is 1 percent greater than the
669	maximum contribution rate for other employers in any calendar
670	year in which short-time compensation benefits are charged to
671	the employer's employment record.
672	(VI)f.  As used in this subsection, "taxable payroll" shall
673	be determined by excluding any part of the remuneration paid to
674	an individual by an employer for employment during a calendar
675	year in excess of the first $7,000. Beginning January 1, 2012,
676	"taxable payroll" shall be determined by excluding any part of
677	the remuneration paid to an individual by an employer for
678	employment during a calendar year as described in s.
679	443.1217(2). For the purposes of the employer rate calculation
680	that will take effect in January 1, 2012, and in January 1,
681	2013, the tax collection service provider shall use the data
682	available for taxable payroll from 2009 based on excluding any
683	part of the remuneration paid to an individual by an employer
684	for employment during a calendar year in excess of the first
685	$7,000, and from 2010 and 2011, the data available for taxable
686	payroll based on excluding any part of the remuneration paid to
687	an individual by an employer for employment during a calendar
688	year in excess of the first $8,500.
689	b.2.  If the transfer of an employer's employment record to
690	an employing unit under paragraph (f) which, before the
691	transfer, was an employer, the tax collection service provider
692	shall recompute a benefit ratio for the successor employer based
693	on the combined employment records and reassign an appropriate
694	contribution rate to the successor employer effective on the
695	first day of the calendar quarter immediately after the
696	effective date of the transfer.
697	Section 11.  Present paragraph (f) of subsection (1) of
698	section 443.141, Florida Statutes, is redesignated as paragraph
699	(g), and new paragraph (f) is added to that subsection to read:
700	443.141  Collection of contributions and reimbursements.-
701	(1)  PAST DUE CONTRIBUTIONS AND REIMBURSEMENTS; DELINQUENT,
702	ERRONEOUS, INCOMPLETE, OR INSUFFICIENT REPORTS.-
703	(f)  Payments for 2012, 2013, and 2014 Contributions.-For
704	an annual administrative fee not to exceed $5, a contributing
705	employer may pay its quarterly contributions due for wages paid
706	in the first three quarters of 2012, 2013, and 2014 in equal
707	installments if those contributions are paid as follows:
708	1.  For contributions due for wages paid in the first
709	quarter of each year, one-fourth of the contributions due must
710	be paid on or before April 30, one-fourth must be paid on or
711	before July 31, one-fourth must be paid on or before October 31,
712	and one-fourth must be paid on or before December 31.
713	2.  In addition to the payments specified in subparagraph
714	1., for contributions due for wages paid in the second quarter
715	of each year, one-third of the contributions due must be paid on
716	or before July 31, one-third must be paid on or before October
717	31, and one-third must be paid on or before December 31.
718	3.  In addition to the payments specified in subparagraphs
719	1. and 2., for contributions due for wages paid in the third
720	quarter of each year, one-half of the contributions due must be
721	paid on or before October 31, and one-half must be paid on or
722	before December 31.
723	4.  The annual administrative fee assessed for electing to
724	pay under the installment method shall be collected at the time
725	the employer makes the first installment payment each year. The
726	fee shall be segregated from the payment and deposited into the
727	Operating Trust Fund of the Department of Revenue.
728	5.  Interest does not accrue on any contribution that
729	becomes due for wages paid in the first three quarters of each
730	year if the employer pays the contribution in accordance with
731	subparagraphs 1.-4. Interest and fees continue to accrue on
732	prior delinquent contributions and commence accruing on all
733	contributions due for wages paid in the first three quarters of
734	each year which are not paid in accordance with subparagraphs
735	1.-3. Penalties may be assessed in accordance with this chapter.
736	The contributions due for wages paid in the fourth quarter of
737	2012, 2013, and 2014 are not affected by this paragraph and are
738	due and payable in accordance with this chapter.
739	Section 12.  Paragraphs (b) and (d) of subsection (3) and
740	paragraphs (b) and (e) of subsection (4) of section 443.151,
741	Florida Statutes, are amended to read:
742	443.151  Procedure concerning claims.-
743	(3)  DETERMINATION OF ELIGIBILITY.-
744	(b)  Monetary determinations.-In addition to the notice of
745	claim, the Agency for Workforce Innovation must shall also
746	promptly provide an initial monetary determination to the
747	claimant and each base period employer whose account is subject
748	to being charged for its respective share of benefits on the
749	claim. The monetary determination must include a statement of
750	whether and in what amount the claimant is entitled to benefits,
751	and, in the event of a denial, must state the reasons for the
752	denial. A monetary determination for the first week of a benefit
753	year must also include a statement of whether the claimant was
754	paid the wages required under s. 443.091(1)(g) and, if so, the
755	first day of the benefit year, the claimant's weekly benefit
756	amount, and the maximum total amount of benefits payable to the
757	claimant for a benefit year. The monetary determination is final
758	unless within 20 days after the mailing of the notices to the
759	parties' last known addresses, or in lieu of mailing, within 20
760	days after the delivery of the notices, an appeal or written
761	request for reconsideration is filed by the claimant or other
762	party entitled to notice. The agency may adopt rules as
763	necessary to implement the processes described in this paragraph
764	relating to notices of monetary determinations and the appeals
765	or reconsideration requests filed in response to such notices.
766	(d)  Determinations in labor dispute cases.-If a Whenever
767	any claim involves a labor dispute described in s. 443.101(4),
768	the Agency for Workforce Innovation shall promptly assign the
769	claim to a special examiner who shall make a determination on
770	the issues involving unemployment due to the labor dispute. The
771	special examiner shall make the determination after an
772	investigation, as necessary. The claimant or another party
773	entitled to notice of the determination may appeal a
774	determination under subsection (4).
775	(4)  APPEALS.-
776	(b)  Filing and hearing.-
777	1.  The claimant or any other party entitled to notice of a
778	determination may appeal an adverse determination to an appeals
779	referee within 20 days after the date of mailing of the notice
780	to her or his last known address or, if the notice is not
781	mailed, within 20 days after the date of delivery of the notice.
782	2.  Unless the appeal is untimely or withdrawn or review is
783	initiated by the commission, the appeals referee, after mailing
784	all parties and attorneys of record a notice of hearing at least
785	10 days before the date of hearing, notwithstanding the 14-day
786	notice requirement in s. 120.569(2)(b), may only affirm, modify,
787	or reverse the determination. An appeal may not be withdrawn
788	without the permission of the appeals referee.
789	3.  However, when an appeal appears to have been filed
790	after the permissible time limit, the Office of Appeals may
791	issue an order to show cause to the appellant, requiring the
792	appellant to show why the appeal should not be dismissed as
793	untimely. If the appellant does not, within 15 days after the
794	mailing date of the order to show cause, provide written
795	evidence of timely filing or good cause for failure to appeal
796	timely, the appeal shall be dismissed.
797	4.  When an appeal involves a question of whether services
798	were performed by a claimant in employment or for an employer,
799	the referee must give special notice of the question and of the
800	pendency of the appeal to the employing unit and to the Agency
801	for Workforce Innovation, both of which become parties to the
802	proceeding.
803	5.a.  Any part of the evidence may be received in written
804	form, and all testimony of parties and witnesses shall be made
805	under oath.
806	b.  Irrelevant, immaterial, or unduly repetitious evidence
807	shall be excluded, but all other evidence of a type commonly
808	relied upon by reasonably prudent persons in the conduct of
809	their affairs shall be admissible, whether or not such evidence
810	would be admissible in a trial in the courts of the state.
811	c.  Hearsay evidence may be used for the purpose of
812	supplementing or explaining other evidence, or to support a
813	finding if it would be admissible over objection in civil
814	actions. Notwithstanding s. 120.57(1)(c), hearsay evidence may
815	support a finding of fact if:
816	(I)  The party against whom it is offered has a reasonable
817	opportunity to review such evidence prior to the hearing; and
818	(II)  The appeals referee or special deputy determines,
819	after considering all relevant facts and circumstances, that the
820	evidence is trustworthy and probative and that the interests of
821	justice will best be served by its admission into evidence.
822	6.5.  The parties must be notified promptly of the
823	referee's decision. The referee's decision is final unless
824	further review is initiated under paragraph (c) within 20 days
825	after the date of mailing notice of the decision to the party's
826	last known address or, in lieu of mailing, within 20 days after
827	the delivery of the notice.
828	(e)  Judicial review.-Orders of the commission entered
829	under paragraph (c) are subject to appellate review only by
830	notice of appeal in the district court of appeal in the
831	appellate district in which a claimant resides or the job
832	separation arose the issues involved were decided by an appeals
833	referee. However, if the notice of appeal is submitted to the
834	commission, the commission shall file the notice in the district
835	court of appeal in the appellate district in which the order was
836	issued. Notwithstanding chapter 120, the commission is a party
837	respondent to every such proceeding. The Agency for Workforce
838	Innovation may initiate judicial review of orders in the same
839	manner and to the same extent as any other party.
840	Section 13.  Section (10) is added to section 443.171,
841	Florida Statutes, to read:
842	443.171  Agency for Workforce Innovation and commission;
843	powers and duties; records and reports; proceedings; state-
844	federal cooperation.-
845	(10)  EVIDENCE OF MAILING.-The existence of a mailing date
846	on any notice, determination, decision, order, or other document
847	mailed by the Agency for Workforce Innovation or its tax
848	collection service provider pursuant to this chapter creates a
849	rebuttable presumption that such notice, determination, order,
850	or other document was mailed on the date indicated.
851	Section 14.  Notwithstanding the expiration date contained
852	in section 1 of chapter 2010-90, Laws of Florida, operating
853	retroactive to June 2, 2010, and expiring January 4, 2012,
854	section 443.1117, Florida Statutes, is revived, readopted, and
855	amended to read:
856	443.1117  Temporary extended benefits.-
857	(1)  APPLICABILITY OF EXTENDED BENEFITS STATUTE.-Except if
858	the result is inconsistent with other provisions of this
859	section, s. 443.1115(2), (3), (4), (6), and (7) apply to all
860	claims covered by this section.
861	(2)  DEFINITIONS.-As used in For the purposes of this
862	section, the term:
863	(a)  "Regular benefits" and "extended benefits" have the
864	same meaning as in s. 443.1115.
865	(b)  "Eligibility period" means the weeks in an
866	individual's benefit year or emergency benefit period which
867	begin in an extended benefit period and, if the benefit year or
868	emergency benefit period ends within that extended benefit
869	period, any subsequent weeks beginning in that period.
870	(c)  "Emergency benefits" means Emergency Unemployment
871	Compensation paid pursuant to Pub. L. No. 110-252, Pub. L. No.
872	110-449, Pub. L. No. 111-5, Pub. L. No. 111-92, Pub. L. No. 111-
873	118, Pub. L. No. 111-144, and Pub. L. No. 111-157, Pub. L. No.
874	111-205, and Pub. L. No. 111-312.
875	(d)  "Extended benefit period" means a period that:
876	1.  Begins with the third week after a week for which there
877	is a state "on" indicator; and
878	2.  Ends with any of the following weeks, whichever occurs
879	later:
880	a.  The third week after the first week for which there is
881	a state "off" indicator; or
882	b.  The 13th consecutive week of that period.
883
884	However, an extended benefit period may not begin by reason of a
885	state "on" indicator before the 14th week after the end of a
886	prior extended benefit period that was in effect for this state.
887	(e)  "Emergency benefit period" means the period during
888	which an individual receives emergency benefits as defined in
889	paragraph (c).
890	(f)  "Exhaustee" means an individual who, for any week of
891	unemployment in her or his eligibility period:
892	1.  Has received, before that week, all of the regular
893	benefits and emergency benefits, if any, available under this
894	chapter or any other law, including dependents' allowances and
895	benefits payable to federal civilian employees and ex-
896	servicemembers under 5 U.S.C. ss. 8501-8525, in the current
897	benefit year or emergency benefit period that includes that
898	week. For the purposes of this subparagraph, an individual has
899	received all of the regular benefits and emergency benefits, if
900	any, available even if although, as a result of a pending appeal
901	for wages paid for insured work which were not considered in the
902	original monetary determination in the benefit year, she or he
903	may subsequently be determined to be entitled to added regular
904	benefits;
905	2.  Had a benefit year that which expired before that week,
906	and was paid no, or insufficient, wages for insured work on the
907	basis of which she or he could establish a new benefit year that
908	includes that week; and
909	3.a.  Has no right to unemployment benefits or allowances
910	under the Railroad Unemployment Insurance Act or other federal
911	laws as specified in regulations issued by the United States
912	Secretary of Labor; and
913	b.  Has not received and is not seeking unemployment
914	benefits under the unemployment compensation law of Canada; but
915	if an individual is seeking those benefits and the appropriate
916	agency finally determines that she or he is not entitled to
917	benefits under that law, she or he is considered an exhaustee.
918	(g)  "State 'on' indicator" means, with respect to weeks of
919	unemployment beginning on or after February 1, 2009, and ending
920	on or before December 10, 2011 May 8, 2010, the occurrence of a
921	week in which the average total unemployment rate, seasonally
922	adjusted, as determined by the United States Secretary of Labor,
923	for the most recent 3 months for which data for all states are
924	published by the United States Department of Labor:
925	1.  Equals or exceeds 110 percent of the average of those
926	rates for the corresponding 3-month period ending in any or all
927	each of the preceding 3 2 calendar years; and
928	2.  Equals or exceeds 6.5 percent.
929	(h)  "High unemployment period" means, with respect to
930	weeks of unemployment beginning on or after February 1, 2009,
931	and ending on or before December 10, 2011 May 8, 2010, any week
932	in which the average total unemployment rate, seasonally
933	adjusted, as determined by the United States Secretary of Labor,
934	for the most recent 3 months for which data for all states are
935	published by the United States Department of Labor:
936	1.  Equals or exceeds 110 percent of the average of those
937	rates for the corresponding 3-month period ending in any or all
938	each of the preceding 3 2 calendar years; and
939	2.  Equals or exceeds 8 percent.
940	(i)  "State 'off' indicator" means the occurrence of a week
941	in which there is no state "on" indicator or which does not
942	constitute a high unemployment period.
943	(3)  TOTAL EXTENDED BENEFIT AMOUNT.-Except as provided in
944	subsection (4):
945	(a)  For any week for which there is an "on" indicator
946	pursuant to paragraph (2)(g), the total extended benefit amount
947	payable to an eligible individual for her or his applicable
948	benefit year is the lesser of:
949	1.  Fifty percent of the total regular benefits payable
950	under this chapter in the applicable benefit year; or
951	2.  Thirteen times the weekly benefit amount payable under
952	this chapter for a week of total unemployment in the applicable
953	benefit year.
954	(b)  For any high unemployment period, the total extended
955	benefit amount payable to an eligible individual for her or his
956	applicable benefit year is the lesser of:
957	1.  Eighty percent of the total regular benefits payable
958	under this chapter in the applicable benefit year; or
959	2.  Twenty times the weekly benefit amount payable under
960	this chapter for a week of total unemployment in the applicable
961	benefit year.
962	(4)  EFFECT ON TRADE READJUSTMENT.-Notwithstanding any
963	other provision of this chapter, if the benefit year of an
964	individual ends within an extended benefit period, the number of
965	weeks of extended benefits the individual is entitled to receive
966	in that extended benefit period for weeks of unemployment
967	beginning after the end of the benefit year, except as provided
968	in this section, is reduced, but not to below zero, by the
969	number of weeks for which the individual received, within that
970	benefit year, trade readjustment allowances under the Trade Act
971	of 1974, as amended.
972	Section 15.  The provisions of s. 443.1117, Florida
973	Statutes, as revived, readopted, and amended by this act, apply
974	only to claims for weeks of unemployment in which an exhaustee
975	establishes entitlement to extended benefits pursuant to that
976	section which are established for the period between December
977	17, 2010, and January 4, 2012.
978	Section 16.  For the 2011-2012 fiscal year, the sum of
979	$242,300 in nonrecurring funds is appropriated from the
980	Operating Trust Fund to the Administration of Unemployment
981	Compensation Tax Special Category in the Department of Revenue
982	to be used to implement this act. In addition, for the 2010-2011
983	fiscal year, the sum of $256,891 in nonrecurring funds is
984	appropriated from the Employment Security Administration Trust
985	Fund in the contracted services appropriation category to the
986	Agency for Workforce Innovation to be used to contract with the
987	Department of Revenue for tax-related services as required to
988	implement this act.
989	Section 17.  The Legislature finds that this act fulfills
990	an important state interest.
991	Section 18.  Except as otherwise expressly provided in this
992	act, this act shall take effect upon becoming a law.

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