Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 1416
       
       
       
       
       
       
                                Barcode 801534                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  01/26/2012           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Commerce and Tourism (Ring) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete line 3260
    4  and insert:
    5         Section 88. Notwithstanding the expiration date contained
    6  in section 13 of chapter 2011-235, Laws of Florida, operating
    7  retroactive to January 4, 2012, and expiring March 11, 2012,
    8  section 443.1117, Florida Statutes, is revived, readopted, and
    9  amended to read:
   10         443.1117 Temporary extended benefits.—
   11         (1) APPLICABILITY OF EXTENDED BENEFITS STATUTE.—Except if
   12  the result is inconsistent with other provisions of this
   13  section, s. 443.1115(2), (3), (4), (6), and (7) apply to all
   14  claims covered by this section.
   15         (2) DEFINITIONS.—As used in this section, the term:
   16         (a) "Regular benefits" and "extended benefits" have the
   17  same meaning as in s. 443.1115.
   18         (b) "Eligibility period" means the weeks in an individual's
   19  benefit year or emergency benefit period which begin in an
   20  extended benefit period and, if the benefit year or emergency
   21  benefit period ends within that extended benefit period, any
   22  subsequent weeks beginning in that period.
   23         (c) "Emergency benefits" means benefits Emergency
   24  Unemployment Compensation paid pursuant to Pub. L. No. 110-252,
   25  and any subsequent federal law that provides for the payment of
   26  Emergency Unemployment Compensation Pub. L. No. 110-449, Pub. L.
   27  No. 111-5, Pub. L. No. 111-92, Pub. L. No. 111-118, Pub. L. No.
   28  111-144, Pub. L. No. 111-157, Pub. L. No. 111-205, and Pub. L.
   29  No. 111-312.
   30         (d) "Extended benefit period" means a period that:
   31         1. Begins with the third week after a week for which there
   32  is a state "on" indicator; and
   33         2. Ends with any of the following weeks, whichever occurs
   34  later:
   35         a. The third week after the first week for which there is a
   36  state "off" indicator; or
   37         b. The 13th consecutive week of that period.
   38         However, an extended benefit period may not begin by reason
   39  of a state "on" indicator before the 14th week after the end of
   40  a prior extended benefit period that was in effect for this
   41  state.
   42         (e) "Emergency benefit period" means the period during
   43  which an individual receives emergency benefits.
   44         (f) "Exhaustee" means an individual who, for any week of
   45  unemployment in her or his eligibility period:
   46         1. Has received, before that week, all of the regular
   47  benefits and emergency benefits, if any, available under this
   48  chapter or any other law, including dependents' allowances and
   49  benefits payable to federal civilian employees and ex
   50  servicemembers under 5 U.S.C. ss. 8501-8525, in the current
   51  benefit year or emergency benefit period that includes that
   52  week. For the purposes of this subparagraph, an individual has
   53  received all of the regular benefits and emergency benefits, if
   54  any, available even if, as a result of a pending appeal for
   55  wages paid for insured work which were not considered in the
   56  original monetary determination in the benefit year, she or he
   57  may subsequently be determined to be entitled to added regular
   58  benefits;
   59         2. Had a benefit year that expired before that week, and
   60  was paid no, or insufficient, wages for insured work on the
   61  basis of which she or he could establish a new benefit year that
   62  includes that week; and
   63         3.a. Has no right to unemployment benefits or allowances
   64  under the Railroad Unemployment Insurance Act or other federal
   65  laws as specified in regulations issued by the United States
   66  Secretary of Labor; and
   67         b. Has not received and is not seeking unemployment
   68  benefits under the unemployment compensation law of Canada; but
   69  if an individual is seeking those benefits and the appropriate
   70  agency finally determines that she or he is not entitled to
   71  benefits under that law, she or he is considered an exhaustee.
   72         (g) "State 'on' indicator" means, with respect to weeks of
   73  unemployment ending on or before February 11, 2012 December 10,
   74  2011, the occurrence of a week in which the average total
   75  unemployment rate, seasonally adjusted, as determined by the
   76  United States Secretary of Labor, for the most recent 3 months
   77  for which data for all states are published by the United States
   78  Department of Labor:
   79         1. Equals or exceeds 110 percent of the average of those
   80  rates for the corresponding 3-month period ending in any or all
   81  of the preceding 3 calendar years; and
   82         2. Equals or exceeds 6.5 percent.
   83         (h) "High unemployment period" means, with respect to weeks
   84  of unemployment ending on or before February 11, 2012 December
   85  10, 2011, any week in which the average total unemployment rate,
   86  seasonally adjusted, as determined by the United States
   87  Secretary of Labor, for the most recent 3 months for which data
   88  for all states are published by the United States Department of
   89  Labor:
   90         1. Equals or exceeds 110 percent of the average of those
   91  rates for the corresponding 3-month period ending in any or all
   92  of the preceding 3 calendar years; and
   93         2. Equals or exceeds 8 percent.
   94         (i) "State 'off' indicator" means the occurrence of a week
   95  in which there is no state "on" indicator or which does not
   96  constitute a high unemployment period.
   97         (3) TOTAL EXTENDED BENEFIT AMOUNT.—Except as provided in
   98  subsection (4):
   99         (a) For any week for which there is an "on" indicator
  100  pursuant to paragraph (2)(g), the total extended benefit amount
  101  payable to an eligible individual for her or his applicable
  102  benefit year is the lesser of:
  103         1. Fifty percent of the total regular benefits payable
  104  under this chapter in the applicable benefit year; or
  105         2. Thirteen times the weekly benefit amount payable under
  106  this chapter for a week of total unemployment in the applicable
  107  benefit year.
  108         (b) For any high unemployment period, the total extended
  109  benefit amount payable to an eligible individual for her or his
  110  applicable benefit year is the lesser of:
  111         1. Eighty percent of the total regular benefits payable
  112  under this chapter in the applicable benefit year; or
  113         2. Twenty times the weekly benefit amount payable under
  114  this chapter for a week of total unemployment in the applicable
  115  benefit year.
  116         (4) EFFECT ON TRADE READJUSTMENT.—Notwithstanding any other
  117  provision of this chapter, if the benefit year of an individual
  118  ends within an extended benefit period, the number of weeks of
  119  extended benefits the individual is entitled to receive in that
  120  extended benefit period for weeks of unemployment beginning
  121  after the end of the benefit year, except as provided in this
  122  section, is reduced, but not to below zero, by the number of
  123  weeks for which the individual received, within that benefit
  124  year, trade readjustment allowances under the Trade Act of 1974,
  125  as amended.
  126         Section 89. The provisions of s. 443.1117, Florida
  127  Statutes, as revived, readopted, and amended by this act, apply
  128  only to claims for weeks of unemployment in which an exhaustee
  129  establishes entitlement to extended benefits pursuant to that
  130  section which are established for the period between January 4,
  131  2012, and March 11, 2012.
  132         Section 90. If any provision of this act or its application
  133  to any person or circumstance is held invalid, the invalidity
  134  does not affect other provisions or applications of the act
  135  which can be given effect without the invalid provision or
  136  application, and to this end the provision of the act are
  137  severable.
  138         Section 91. The Legislature finds that this act fulfills an
  139  important state interest.
  140         Section 92. Except as otherwise expressly provided in this
  141  act, this act shall take effect July 1, 2012.
  142  
  143  ================= T I T L E  A M E N D M E N T ================
  144         And the title is amended as follows:
  145         Delete lines 51 - 52
  146  and insert:
  147         conform to changes made by this act; reviving,
  148         readopting, and amending s. 443.1117, F.S., relating
  149         to temporary extended benefits; providing for
  150         retroactive application; providing for applicability
  151         relating to extended benefits for certain weeks and
  152         for periods of high unemployment; providing for
  153         applicability; providing severability; providing that
  154         the act fulfills an important state interest;
  155         providing effective dates.