The Florida Senate

443.151  Procedure concerning claims.--

(1)  POSTING OF INFORMATION.--

(a)  Each employer shall post and maintain in places readily accessible to individuals in her or his employ printed statements concerning benefit rights, claims for benefits, and such other matters relating to the administration of this chapter as the division may by rule prescribe. Each employer shall supply to such individuals copies of such printed statements or other materials relating to claims for benefits when and as the division may by rule prescribe. Such printed statements and other materials shall be supplied by the division to each employer without cost to the employer.

(b)1.  An individual filing a new claim for unemployment compensation shall, at the time of filing such claim, be advised that:

a.  Unemployment compensation is subject to federal income tax.

b.  Requirements exist pertaining to estimated tax payments.

c.  The individual may elect to have federal income tax deducted and withheld from the individual's payment of unemployment compensation at the amount specified in the federal Internal Revenue Code.

d.  The individual shall be permitted to change a previously elected withholding status not more than two times per calendar year.

2.  Amounts deducted and withheld from unemployment compensation shall remain in the unemployment fund until transferred to the federal taxing authority as payment of income tax.

3.  The division shall follow all procedures specified by the United States Department of Labor and the federal Internal Revenue Service pertaining to the deducting and withholding of income tax.

4.  If more than one authorized request for deduction and withholding is made, amounts shall be deducted and withheld in accordance with the following priorities; unemployment overpayments shall have first priority, child support payments shall have second priority, and withholding under this subsection shall have third priority.

5.  This paragraph shall apply to payments made after December 31, 1996.

(2)  FILING OF CLAIM INVESTIGATIONS; NOTIFICATION OF CLAIMANTS AND EMPLOYERS.--Claims for benefits shall be made in accordance with such rules as the division may adopt. The division shall notify claimants and employers regarding monetary and nonmonetary determinations of eligibility. Investigations of issues raised in connection with a claimant which may affect a claimant's eligibility for benefits or charges to an employer's account shall be conducted by the division as prescribed by rule.

(3)  DETERMINATION.--

(a)  In general.--An initial determination upon a claim filed pursuant to subsection (2) shall be made promptly by an examiner designated by the division, shall include a statement as to whether and in what amount claimant is entitled to benefits, and, in the event of a denial, shall state the reasons therefor. A determination with respect to the first week of a benefit year shall also include a statement as to whether the claimant has been paid the wages required under ¹s. 443.091(1)(e) and, if so, the first day of the benefit year, the claimant's weekly benefit amount, and the maximum total amount of benefits payable to the claimant with respect to a benefit year. The claimant, the claimant's most recent employing unit, and all employers whose accounts would be charged with benefits pursuant to such determination shall be promptly notified of such initial determination; and such determination shall be final unless within 20 days after the mailing of such notices to the parties' last known addresses, or in the absence of such mailing, within 20 days after the delivery of such notice, appeal or written request for reconsideration is filed by the claimant or other party entitled to such notice.

(b)  Determinations in labor dispute cases.--Whenever any claim involves the application of the provisions of s. 443.101(4), the examiner handling the claim shall, if so directed by the division, promptly transmit such claim to a special examiner designated by the division to make a determination upon the issues involved under that subsection or upon such claims. Such special examiner shall make the determination thereon after such investigation as deemed necessary. The claimant or any other party entitled to notice of such determination may file an appeal from such determination pursuant to subsection (4).

(c)  Redeterminations.--

1.  The division may reconsider a determination whenever it finds that an error has occurred in connection therewith or whenever new evidence or information pertinent to such determination has been discovered subsequent to any previous determination or redetermination. No such redetermination shall be made after 1 year from the last day of the benefit year, unless it appears that the disqualification imposed by s. 443.101(6) is applicable, in which case the redetermination may be made at any time within 2 years from the date of the making of such false or fraudulent representation. Notice of redetermination shall be promptly given to the claimant and to any employers entitled to notice thereof in the manner prescribed in this section with respect to notice of an initial determination. If the amount of benefits is increased upon such redetermination, an appeal therefrom solely with respect to the matters involved in such increase may be filed in the manner and subject to the limitations provided in subsection (4). If the amount of benefits is decreased upon such redetermination, the matters involved in such decrease shall be subject to review in connection with an appeal by claimant from any determination upon a subsequent claim for benefits which may be affected in amount or duration by such redetermination. Subject to the same limitations and for the same reasons, the division may reconsider its determination in any case in which the final decision has been rendered by an appeals referee, the commission, or a court, and may apply to the body or court which rendered such final decision to issue a revised decision.

2.  In the event that an appeal involving an original determination is pending as of the date a redetermination thereof is issued, such appeal unless withdrawn shall be treated as an appeal from such redetermination.

(d)  Notice of determination or redetermination pursuant to this chapter.--Notice of any determination or redetermination which involves the application of the provisions of this chapter, together with the reasons therefor, shall be promptly given to the claimant and to any employer entitled to notice thereof, such notice to be given in the manner provided in this subsection, provided that the division shall by rule prescribe the manner and procedure pursuant to which employers within the base period of a claimant may become entitled to such notice.

(4)  APPEALS.--

(a)  Appeals referees.--The division shall appoint one or more impartial salaried appeals referees selected in accordance with s. 443.171(4) to hear and decide appealed or disputed claims. Such appeals referees shall have such qualifications as may be established by the Department of Management Services upon the advice and consent of the division. No person shall participate on behalf of the division as an appeals referee in any case in which she or he is an interested party. The division may designate alternates to serve in the absence or disqualification of any appeals referee upon a temporary basis and pro hac vice which alternate shall be possessed of the same qualifications required of appeals referees. The division shall provide the commission and the appeals referees with proper facilities and assistance for the execution of their functions.

(b)  Filing and hearing.--

1.  The claimant or any other party entitled to notice of a determination as herein provided may file an appeal from such determination with an appeals referee within 20 days after the date of mailing of the notice to her or his last known address or, if such notice is not mailed, within 20 days after the date of delivery of such notice.

2.  Notwithstanding the provisions of s. 120.569(2)(b), unless the appeal is withdrawn with her or his permission or is removed to the commission, the appeals referee, after mailing all parties and attorneys of record a notice of hearing at least 10 days prior to the date of hearing, shall affirm, modify, or reverse such determination; however, whenever an appeal involves a question as to whether services were performed by claimant in employment or for an employer, the referee shall give special notice of such issue and of the pendency of the appeal to the employing unit and to the division, both of which shall thenceforth be parties to the proceeding.

3.  The parties shall be promptly notified of such referee's decision; and such decisions shall be final unless, within 20 days after the date of mailing of notice thereof to the party's last known address or, in the absence of such mailing, within 20 days after the delivery of such notice, further review is initiated pursuant to paragraph (c).

(c)  Review by commission.--The commission may, on its own motion, within the time specified in paragraph (b), initiate a review of the decision of an appeals referee or may allow an appeal from such decision on application filed within such time by the division or by any party entitled to notice of such decision. An appeal filed by any such party shall be allowed as of right if the examiner's determination was not affirmed by the appeals referee. Upon review on its own motion or upon appeal, the commission may on the basis of the evidence previously submitted in such case, or upon the basis of such additional evidence as it may direct to be taken, affirm, modify, or reverse the findings and conclusions of the appeals referee. The commission may remove to itself or transfer to another appeals referee the proceedings on any claim pending before an appeals referee. Any proceeding so removed to the commission prior to the completion shall be heard by the commission in accordance with the requirement of this subsection with respect to proceedings before an appeals referee. Upon denial by the commission of an application for appeal from the decision of an appeals referee, the decision of the appeals referee shall be deemed to be a decision of the commission within the meaning of this paragraph for purposes of judicial review and shall be subject to judicial review within the time and in the manner provided for with respect to decisions of the commission, except that the time for initiating such review shall run from the date of notice of the order of the commission denying the application for appeal.

(d)  Procedure.--The manner in which appealed claims shall be presented shall be in accordance with rules prescribed by the commission. Witnesses subpoenaed pursuant to this section shall be allowed fees at a rate as established by s. 92.142, and fees of witnesses subpoenaed on behalf of the division or any claimant shall be deemed part of the expense of administering this chapter.

(e)  Judicial review.--Orders of the commission entered pursuant to paragraph (c) shall be subject to review only by notice of appeal in the district court of appeal in the appellate district in which the issues involved were decided by an appeals referee, and the commission shall be made a party respondent to every such proceeding, notwithstanding any provision to the contrary in chapter 120. The division shall have the right to initiate judicial review of orders in the same manner and to the same extent as any other party.

(5)  PAYMENT OF BENEFITS.--

(a)  Benefits shall be promptly paid in accordance with a determination or redetermination regardless of any appeal or pending appeal. However, any employer who, pursuant to the provisions of s. 443.131(4), (5), or (6), is liable for reimbursement payments in lieu of contributions for the payment of such benefits shall be notified, at the address on file with the division, as to the initial determination of the claim, and the employer shall be given 10 days to respond, prior to the payment of the benefits to the employee.

(b)  If a determination allowing benefits is affirmed in any amount by an appeals referee, or is so affirmed by the commission, or if a decision of an appeals referee allowing benefits is affirmed in any amount by the commission, such benefits shall be promptly paid regardless of any further appeal, and no injunction, supersedeas, stay, or other writ or process suspending the payment of such benefits shall be issued by any court. However, if such decision is finally reversed, no employer liable for contributions under the contributory system of financing unemployment compensation benefits shall be charged with benefits so paid pursuant to the erroneous determination, and benefits shall not be paid for any subsequent weeks of unemployment involved in such reversal.

(c)  That portion of paragraph (b) relating to charging an employer liable for contributions shall not be applicable to employers using the reimbursable method of financing benefit payments.

(6)  RECOVERY AND RECOUPMENT.--

(a)  Any person who, by reason of her or his fraud, has received any sum as benefits under this chapter to which she or he was not entitled shall be liable to repay such sum to the division for and on behalf of the trust fund or, in the discretion of the division, to have such sum deducted from future benefits payable to her or him under this chapter, provided a finding of the existence of such fraud has been made by a redetermination or decision pursuant to this section within 2 years from the commission of such fraud, and provided no such recovery or recoupment of such sum may be effected after 5 years from the date of such redetermination or decision.

(b)  If any person, other than by reason of her or his fraud, has received any sum as benefits under this chapter to which, under a redetermination or decision pursuant to this section, she or he has been found not entitled, she or he shall be liable to repay such sum to the division for and on behalf of the trust fund or, in the discretion of the division, shall have such sum deducted from any future benefits payable to her or him under this chapter. No such recovery or recoupment of such sum may be effected after 2 years from the date of such redetermination or decision.

(c)  No recoupment from future benefits shall be had if such sum was received by such person without fault on the person's part and such recoupment would defeat the purpose of this chapter or would be against equity and good conscience.

(d)  In any case in which under this section a claimant is liable to repay to the division any sum for the fund, such sum shall be collectible without interest by a deduction from benefits pursuant to a redetermination as above provided or by civil action in the name of the division.

(e)  Notwithstanding any other provision of this chapter, any person who has been determined by either this state, a cooperating state agency, the United States Secretary of Labor, or a court of competent jurisdiction to have received any payments under the Trade Act of 1974, as amended, to which the person was not entitled shall have such sum deducted from any regular benefits, as defined in ²s. 443.111(5)(a)5., payable to her or him under this chapter; except that no single deduction under this paragraph shall exceed 50 percent of the amount otherwise payable. The amounts so deducted shall be paid to the agency which issued the payments under the Trade Act of 1974, as amended, for return to the United States Treasury. However, except for overpayments determined by a court of competent jurisdiction, no deduction may be made under this paragraph until a determination by the state agency or the United States Secretary of Labor has become final.

(7)  REPRESENTATION IN ADMINISTRATIVE PROCEEDINGS.--Notwithstanding the provisions of s. 120.62(2), in any administrative proceeding under this chapter, an employer or a claimant may be represented by an authorized representative or by counsel.

(8)  BILINGUAL REQUIREMENTS.--

(a)  Based on the estimated total number of households in a county which speak the same non-English language, a single-language minority, the division shall provide printed bilingual instructional and educational materials in the appropriate language in those counties in which 5 percent or more of the households in the county are classified as a single-language minority.

(b)  The division shall ensure that jobs and benefits offices and appeals bureaus in counties subject to the requirements of paragraph (c) prominently post notices in the appropriate languages that translators are available in those offices and bureaus.

(c)  Single-language minority refers to households which speak the same non-English language and which do not contain an adult fluent in English. The division shall develop estimates of the percentages of single-language minority households for each county by using data made available by the United States Bureau of the Census.

History.--s. 7, ch. 18402, 1937; CGL 1940 Supp. 4151(494); s. 7, ch. 20685, 1941; s. 1, ch. 21982, 1943; s. 2, ch. 24083, 1947; s. 10, ch. 26484, 1951; s. 4, ch. 26879, 1951; s. 4, ch. 28242, 1953; ss. 1, 2, 3, 4, ch. 29769, 1955; s. 1, ch. 57-268; s. 3, ch. 61-132; ss. 17, 35, ch. 69-106; s. 1, ch. 70-87; s. 1, ch. 72-154; s. 11, ch. 78-95; s. 4, ch. 78-386; s. 23, ch. 79-7; s. 3, ch. 79-308; s. 184, ch. 79-400; ss. 5, 8, 9, ch. 80-95; s. 4, ch. 80-345; s. 4, ch. 82-91; s. 1, ch. 82-178; s. 12, ch. 83-174; s. 3, ch. 90-89; s. 7, ch. 96-378; s. 200, ch. 96-410; s. 7, ch. 96-411; s. 1065, ch. 97-103; s. 9, ch. 98-149.

¹Note.--Redesignated as s. 443.091(1)(f) by s. 3, ch. 94-347.

²Note.--Redesignated as s. 443.111(6)(a)5. by s. 5, ch. 96-378, and s. 21, ch. 96-423.

Note.--Former s. 443.07.