Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1416
       
       
       
       
       
       
                                Barcode 729844                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  03/01/2012           .                                
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       The Committee on Budget Subcommittee on Transportation, Tourism,
       and Economic Development Appropriations (Bogdanoff) recommended
       the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 1030 and 1031
    4  insert:
    5         Section 13. Effective upon becoming law and operating
    6  retroactively to June 29, 2011, paragraph (a) of subsection (2)
    7  of section 443.1217, Florida Statutes, is amended to read:
    8         443.1217 Wages.—
    9         (2) For the purpose of determining an employer’s
   10  contributions, the following wages are exempt from this chapter:
   11         (a)1.Beginning January 1, 2010, that part of remuneration
   12  paid to an individual by an employer for employment during a
   13  calendar year in excess of the first $7,000 of remuneration paid
   14  to the individual by an employer or his or her predecessor
   15  during that calendar year, unless that part of the remuneration
   16  is subject to a tax, under a federal law imposing the tax,
   17  against which credit may be taken for contributions required to
   18  be paid into a state unemployment fund.
   19         1.2. Beginning January 1, 2012, that part of remuneration
   20  paid to an individual by an employer for employment during a
   21  calendar year in excess of the first $8,000 $8,500 of
   22  remuneration paid to the individual by the employer or his or
   23  her predecessor during that calendar year, unless that part of
   24  the remuneration is subject to a tax, under a federal law
   25  imposing the tax, against which credit may be taken for
   26  contributions required to be paid into a state unemployment
   27  fund.
   28         2.3. Beginning January 1, 2015, the part of remuneration
   29  paid to an individual by an employer for employment during a
   30  calendar year in excess of the first $7,000 of remuneration paid
   31  to the individual by an employer or his or her predecessor
   32  during that calendar year, unless that part of the remuneration
   33  is subject to a tax, under a federal law imposing the tax,
   34  against which credit may be taken for contributions required to
   35  be paid into a state unemployment fund. The wage base exemption
   36  adjustment authorized by this subparagraph shall be suspended in
   37  any calendar year in which repayment of the principal amount of
   38  an advance received from the Unemployment Compensation Trust
   39  Fund under 42 U.S.C. s. 1321 is due to the Federal Government.
   40         Section 14. Effective upon becoming law and operating
   41  retroactively to June 29, 2011, paragraph (e) of subsection (3)
   42  of section 443.131, Florida Statutes, is amended to read:
   43         443.131 Contributions.—
   44         (3) VARIATION OF CONTRIBUTION RATES BASED ON BENEFIT
   45  EXPERIENCE.—
   46         (e) Assignment of variations from the standard rate.—
   47         1. As used in this paragraph, the terms “total benefit
   48  payments,” “benefits paid to an individual,” and “benefits
   49  charged to the employment record of an employer” mean the amount
   50  of benefits paid to individuals multiplied by:
   51         a. For benefits paid prior to July 1, 2007, 1.
   52         b. For benefits paid during the period beginning on July 1,
   53  2007, and ending March 31, 2011, 0.90.
   54         c. For benefits paid after March 31, 2011, 1.
   55         2. For the calculation of contribution rates effective
   56  January 1, 2012 January 1, 2010, and thereafter:
   57         a. The tax collection service provider shall assign a
   58  variation from the standard rate of contributions for each
   59  calendar year to each eligible employer. In determining the
   60  contribution rate, varying from the standard rate to be assigned
   61  each employer, adjustment factors computed under sub-sub
   62  subparagraphs (I)-(IV) are added to the benefit ratio. This
   63  addition shall be accomplished in two steps by adding a variable
   64  adjustment factor and a final adjustment factor. The sum of
   65  these adjustment factors computed under sub-sub-subparagraphs
   66  (I)-(IV) shall first be algebraically summed. The sum of these
   67  adjustment factors shall next be divided by a gross benefit
   68  ratio determined as follows: Total benefit payments for the 3
   69  year period described in subparagraph (b)3. are charged to
   70  employers eligible for a variation from the standard rate, minus
   71  excess payments for the same period, divided by taxable payroll
   72  entering into the computation of individual benefit ratios for
   73  the calendar year for which the contribution rate is being
   74  computed. The ratio of the sum of the adjustment factors
   75  computed under sub-sub-subparagraphs (I)-(IV) to the gross
   76  benefit ratio is multiplied by each individual benefit ratio
   77  that is less than the maximum contribution rate to obtain
   78  variable adjustment factors; except that if the sum of an
   79  employer’s individual benefit ratio and variable adjustment
   80  factor exceeds the maximum contribution rate, the variable
   81  adjustment factor is reduced in order for the sum to equal the
   82  maximum contribution rate. The variable adjustment factor for
   83  each of these employers is multiplied by his or her taxable
   84  payroll entering into the computation of his or her benefit
   85  ratio. The sum of these products is divided by the taxable
   86  payroll of the employers who entered into the computation of
   87  their benefit ratios. The resulting ratio is subtracted from the
   88  sum of the adjustment factors computed under sub-sub
   89  subparagraphs (I)-(IV) to obtain the final adjustment factor.
   90  The variable adjustment factors and the final adjustment factor
   91  must be computed to five decimal places and rounded to the
   92  fourth decimal place. This final adjustment factor is added to
   93  the variable adjustment factor and benefit ratio of each
   94  employer to obtain each employer’s contribution rate. An
   95  employer’s contribution rate may not, however, be rounded to
   96  less than 0.1 percent.
   97         (I) An adjustment factor for noncharge benefits is computed
   98  to the fifth decimal place and rounded to the fourth decimal
   99  place by dividing the amount of noncharge benefits during the 3
  100  year period described in subparagraph (b)3. by the taxable
  101  payroll of employers eligible for a variation from the standard
  102  rate who have a benefit ratio for the current year which is less
  103  than the maximum contribution rate. For purposes of computing
  104  this adjustment factor, the taxable payroll of these employers
  105  is the taxable payrolls for the 3 years ending June 30 of the
  106  current calendar year as reported to the tax collection service
  107  provider by September 30 of the same calendar year. As used in
  108  this sub-sub-subparagraph, the term “noncharge benefits” means
  109  benefits paid to an individual from the Unemployment
  110  Compensation Trust Fund, but which were not charged to the
  111  employment record of any employer.
  112         (II) An adjustment factor for excess payments is computed
  113  to the fifth decimal place, and rounded to the fourth decimal
  114  place by dividing the total excess payments during the 3-year
  115  period described in subparagraph (b)3. by the taxable payroll of
  116  employers eligible for a variation from the standard rate who
  117  have a benefit ratio for the current year which is less than the
  118  maximum contribution rate. For purposes of computing this
  119  adjustment factor, the taxable payroll of these employers is the
  120  same figure used to compute the adjustment factor for noncharge
  121  benefits under sub-sub-subparagraph (I). As used in this sub
  122  subparagraph, the term “excess payments” means the amount of
  123  benefits charged to the employment record of an employer during
  124  the 3-year period described in subparagraph (b)3., less the
  125  product of the maximum contribution rate and the employer’s
  126  taxable payroll for the 3 years ending June 30 of the current
  127  calendar year as reported to the tax collection service provider
  128  by September 30 of the same calendar year. As used in this sub
  129  sub-subparagraph, the term “total excess payments” means the sum
  130  of the individual employer excess payments for those employers
  131  that were eligible for assignment of a contribution rate
  132  different from the standard rate.
  133         (III) With respect to computing a positive adjustment
  134  factor:
  135         (A) Beginning January 1, 2012, if the balance of the
  136  Unemployment Compensation Trust Fund on September 30 of the
  137  calendar year immediately preceding the calendar year for which
  138  the contribution rate is being computed is less than 4 percent
  139  of the taxable payrolls for the year ending June 30 as reported
  140  to the tax collection service provider by September 30 of that
  141  calendar year, a positive adjustment factor shall be computed.
  142  The positive adjustment factor is computed annually to the fifth
  143  decimal place and rounded to the fourth decimal place by
  144  dividing the sum of the total taxable payrolls for the year
  145  ending June 30 of the current calendar year as reported to the
  146  tax collection service provider by September 30 of that calendar
  147  year into a sum equal to one-fifth one-third of the difference
  148  between the balance of the fund as of September 30 of that
  149  calendar year and the sum of 5 percent of the total taxable
  150  payrolls for that year. The positive adjustment factor remains
  151  in effect for subsequent years until the balance of the
  152  Unemployment Compensation Trust Fund as of September 30 of the
  153  year immediately preceding the effective date of the
  154  contribution rate equals or exceeds 4 5 percent of the taxable
  155  payrolls for the year ending June 30 of the current calendar
  156  year as reported to the tax collection service provider by
  157  September 30 of that calendar year.
  158         (B) Beginning January 1, 2018 January 1, 2015, and for each
  159  year thereafter, the positive adjustment shall be computed by
  160  dividing the sum of the total taxable payrolls for the year
  161  ending June 30 of the current calendar year as reported to the
  162  tax collection service provider by September 30 of that calendar
  163  year into a sum equal to one-fourth of the difference between
  164  the balance of the fund as of September 30 of that calendar year
  165  and the sum of 5 percent of the total taxable payrolls for that
  166  year. The positive adjustment factor remains in effect for
  167  subsequent years until the balance of the Unemployment
  168  Compensation Trust Fund as of September 30 of the year
  169  immediately preceding the effective date of the contribution
  170  rate equals or exceeds 4 percent of the taxable payrolls for the
  171  year ending June 30 of the current calendar year as reported to
  172  the tax collection service provider by September 30 of that
  173  calendar year.
  174         (IV) If, beginning January 1, 2015, and each year
  175  thereafter, the balance of the Unemployment Compensation Trust
  176  Fund as of September 30 of the year immediately preceding the
  177  calendar year for which the contribution rate is being computed
  178  exceeds 5 percent of the taxable payrolls for the year ending
  179  June 30 of the current calendar year as reported to the tax
  180  collection service provider by September 30 of that calendar
  181  year, a negative adjustment factor must be computed. The
  182  negative adjustment factor shall be computed annually beginning
  183  on January 1, 2015, and each year thereafter, to the fifth
  184  decimal place and rounded to the fourth decimal place by
  185  dividing the sum of the total taxable payrolls for the year
  186  ending June 30 of the current calendar year as reported to the
  187  tax collection service provider by September 30 of the calendar
  188  year into a sum equal to one-fourth of the difference between
  189  the balance of the fund as of September 30 of the current
  190  calendar year and 5 percent of the total taxable payrolls of
  191  that year. The negative adjustment factor remains in effect for
  192  subsequent years until the balance of the Unemployment
  193  Compensation Trust Fund as of September 30 of the year
  194  immediately preceding the effective date of the contribution
  195  rate is less than 5 percent, but more than 4 percent of the
  196  taxable payrolls for the year ending June 30 of the current
  197  calendar year as reported to the tax collection service provider
  198  by September 30 of that calendar year. The negative adjustment
  199  authorized by this section is suspended in any calendar year in
  200  which repayment of the principal amount of an advance received
  201  from the federal Unemployment Compensation Trust Fund under 42
  202  U.S.C. s. 1321 is due to the Federal Government.
  203         (V) The maximum contribution rate that may be assigned to
  204  an employer is 5.4 percent, except employers participating in an
  205  approved short-time compensation plan may be assigned a maximum
  206  contribution rate that is 1 percent greater than the maximum
  207  contribution rate for other employers in any calendar year in
  208  which short-time compensation benefits are charged to the
  209  employer’s employment record.
  210         (VI) As used in this subsection, “taxable payroll” shall be
  211  determined by excluding any part of the remuneration paid to an
  212  individual by an employer for employment during a calendar year
  213  in excess of the first $7,000. Beginning January 1, 2012,
  214  “taxable payroll” shall be determined by excluding any part of
  215  the remuneration paid to an individual by an employer for
  216  employment during a calendar year as described in s.
  217  443.1217(2). For the purposes of the employer rate calculation
  218  that will take effect in January 1, 2012, and in January 1,
  219  2013, the tax collection service provider shall use the data
  220  available for taxable payroll from 2009 based on excluding any
  221  part of the remuneration paid to an individual by an employer
  222  for employment during a calendar year in excess of the first
  223  $7,000, and from 2010 and 2011, the data available for taxable
  224  payroll based on excluding any part of the remuneration paid to
  225  an individual by an employer for employment during a calendar
  226  year in excess of the first $8,500.
  227         b. If the transfer of an employer’s employment record to an
  228  employing unit under paragraph (f) which, before the transfer,
  229  was an employer, the tax collection service provider shall
  230  recompute a benefit ratio for the successor employer based on
  231  the combined employment records and reassign an appropriate
  232  contribution rate to the successor employer effective on the
  233  first day of the calendar quarter immediately after the
  234  effective date of the transfer.
  235         Delete lines 3585 - 3586
  236  and insert:
  237         Section 94. There is appropriated to the Department of
  238  Economic Opportunity from the Employment Security Administration
  239  Trust Fund $346,463 for the 2011-2012 fiscal year and $100,884
  240  for the 2012-2013 fiscal year, which funds shall be used to
  241  contract with the Department of Revenue to implement the
  242  provisions of this act. There is appropriated to the Department
  243  of Revenue from the Federal Grants Fund $346,463 for the 2011
  244  2012 fiscal year and $100,884 for the 2012-2013 fiscal year to
  245  implement the provisions of this act. This section shall be
  246  effective upon this act becoming law.
  247         Section 95. Except as otherwise expressly provided in this
  248  act, and except for sections 13, 14, and 94 which shall take
  249  effect upon becoming law, this act shall take effect July 1,
  250  2012.
  251  
  252  ================= T I T L E  A M E N D M E N T ================
  253         And the title is amended as follows:
  254         Delete lines 35 - 36
  255  and insert:
  256         the changes made by this act; amending s. 443.1217,
  257         F.S.; reducing the amount of an employee’s wages that
  258         are exempt from the employer’s contribution to the
  259         Unemployment Compensation Trust Fund for a certain
  260         period of time; amending s. 443.131, F.S.; revising
  261         the rate and recoupment period for computing the
  262         employer contribution to the trust fund until January
  263         1, 2018; providing for retroactive application;
  264         prohibiting benefits from being charged to the
  265         Between lines 73 and 74
  266  insert:
  267         providing appropriations for purposes of
  268         implementation;