Senate Bill 1708er

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  1

  2         An act relating to rulemaking authority with

  3         respect to the Department of Labor and

  4         Employment Security (RAB); amending s.

  5         370.0805, F.S.; correcting cross-reference;

  6         amending s. 413.011, F.S.; authorizing

  7         rulemaking for vocational rehabilitation

  8         programs and forms; amending s. 413.051, F.S.;

  9         authorizing rulemaking for a vending facility

10         program; amending ss. 443.036, 443.091,

11         443.121, 443.131, 443.141, 443.151, F.S.;

12         defining and modifying specific terms;

13         correcting cross-references; allowing the

14         Division of Unemployment Compensation to adopt

15         rules to determine a claimant's ability to work

16         and availability for work; allowing the

17         division to prescribe by rule training

18         criteria; clarifying types of contracts;

19         allowing the division to adopt rules regarding

20         total succession, procedures for changing

21         methods of reporting, the application of

22         partial payments and monetary and nonmonetary

23         determinations and investigations of

24         eligibility; amending s. 450.121, F.S.;

25         authorizing the Division of Jobs and Benefits

26         to adopt rules that define terms, prescribe

27         documentation for proof of age, prescribe

28         procedure with respect to removal of disability

29         of nonage, require certain safety equipment and

30         a safe workplace for minors, prescribe

31         deadlines for responses to records requests,


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  1         and state an official address; amending s.

  2         450.30, F.S.; authorizing the division to adopt

  3         rules prescribing procedures for registering as

  4         a farm labor contractor; amending s. 450.33,

  5         F.S.; requiring insurance carriers to notify

  6         the division of impending cancellation of

  7         insurance on vehicles that transport farm

  8         workers; amending s. 450.38, F.S.; authorizing

  9         the division to adopt rules containing criteria

10         for determining the amount of civil penalties;

11         providing an effective date.

12

13  Be It Enacted by the Legislature of the State of Florida:

14

15         Section 1.  Paragraph (a) of subsection (4) of section

16  370.0805, Florida Statutes, is amended to read:

17         370.0805  Net ban assistance program.--

18         (4)  ECONOMIC ASSISTANCE FOR LOSS OF INCOME.--

19         (a)  Any fisher who is partially or totally unemployed

20  as a result of the implementation of the net ban amendment in

21  s. 16, Art. X of the State Constitution, notwithstanding s.

22  443.036(21)(n)3. s. 443.036(19)(n)3., is eligible for

23  retroactive elective coverage pursuant to s. 443.121(3)(a).

24  Retroactive elective coverage shall be limited to fishers who,

25  during the base period, as defined in s. 443.036, possessed a

26  valid saltwater products license issued under s. 370.06 and

27  had recorded landings of the species affected by the net ban.

28  Eligible fishers may apply for retroactive elective coverage

29  any time on or before December 31, 1995.  Liability for

30  contributions due as a result of retroactive coverage must be

31  satisfied prior to the payment of unemployment benefits.


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  1         Section 2.  Paragraphs (l) and (m) are added to

  2  subsection (1) of section 413.011, Florida Statutes, to read:

  3         413.011  Division of Blind Services, internal

  4  organizational structure; Advisory Council for the Blind.--

  5         (1)  The internal organizational structure of the

  6  Division of Blind Services shall be designed for the purpose

  7  of insuring the greatest possible efficiency and effectiveness

  8  of services to the blind and to be consistent with chapter 20.

  9  The Division of Blind Services shall plan, supervise, and

10  carry out the following activities:

11         (l)  Adopt by rule procedures for providing vocational

12  rehabilitation services for the blind.

13         (m)  Adopt by rule forms and instructions to be used by

14  the division in its general administration.

15         Section 3.  Subsection (12) of section 413.051, Florida

16  Statutes, is amended to read:

17         413.051  Eligible blind persons; operation of vending

18  stands.--

19         (12)  The Division of Blind Services may adopt is

20  authorized to promulgate rules to permit the division to

21  establish and maintain vending facilities, issue licenses,

22  establish and maintain a vending-facility training program,

23  provide vendors access to financial data of the program, set

24  aside funds from net proceeds of the vending facility, provide

25  for the transfer and promotion of vendors, establish a vendors

26  committee, provide for an operation agreement, provide duties

27  and responsibilities of the division with respect to the

28  vending facility program, and provide procedures for newspaper

29  vending sales as needed to implement the provisions of this

30  section.

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  1         Section 4.  Section 443.036, Florida Statutes, is

  2  amended to read:

  3         443.036  Definitions.--As used in this chapter, unless

  4  the context clearly requires otherwise:

  5         (1)  ABLE TO WORK.--The term "able to work" means

  6  physically and mentally capable of performing the duties of

  7  the occupation in which work is being sought.

  8         (2)(1)  AGRICULTURAL LABOR.--The term "agricultural

  9  labor" means any remunerated service performed:

10         (a)  On a farm, in the employ of any person, in

11  connection with cultivating the soil or in connection with

12  raising or harvesting any agricultural or horticultural

13  commodity, including the raising, shearing, feeding, caring

14  for, training, and management of livestock, bees, poultry, and

15  fur-bearing animals and wildlife.

16         (b)  In the employ of the owner or tenant or other

17  operator of a farm in connection with the operation,

18  management, conservation, improvement, or maintenance of such

19  farm and its tools and equipment, or in salvaging timber or

20  clearing land of brush and other debris left by a hurricane if

21  the major part of such service is performed on a farm.

22         (c)  In connection with the production or harvesting of

23  any commodity defined as an agricultural commodity in s. 15(g)

24  of the Agricultural Marketing Act, as amended (46 Stat. 1550,

25  s. 3; 12 U.S.C. s. 1141j s. 114j); the ginning of cotton; or

26  the operation or maintenance of ditches, canals, reservoirs,

27  or waterways, not owned or operated for profit, used

28  exclusively for supplying and storing water for farming

29  purposes.

30         (d)1.  In the employ of the operator of a farm in

31  handling, planting, drying, packing, packaging, processing,


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  1  freezing, grading, storing, or delivering to storage or to

  2  market or to a carrier for transportation to market, in its

  3  unmanufactured state, any agricultural or horticultural

  4  commodity, but only if such operator produced more than

  5  one-half of the commodity with respect to which such service

  6  is performed.

  7         2.  In the employ of a group of operators of farms (or

  8  a cooperative organization of which such operators are

  9  members) in the performance of service described in

10  subparagraph 1., but only if such operators produced more than

11  one-half of the commodity with respect to which such service

12  is performed.

13         3.  The provisions of subparagraphs 1. and 2. shall not

14  be deemed to be applicable with respect to service performed

15  in connection with commercial canning or commercial freezing

16  or in connection with any agricultural or horticultural

17  commodity after its delivery to a terminal market for

18  distribution for consumption or in connection with grading,

19  packing, packaging, or processing fresh citrus fruits.

20         (e)  On a farm operated for profit if such service is

21  not in the course of the employer's trade or business.

22         (3)(2)  AMERICAN AIRCRAFT.--The term "American

23  aircraft" means an aircraft registered under the laws of the

24  United States.

25         (4)(3)  AMERICAN EMPLOYER.--An "American employer"

26  means:

27         (a)  An individual who is a resident of the United

28  States.

29         (b)  A partnership, if two-thirds or more of the

30  partners are residents of the United States.

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  1         (c)  A trust, if all of the trustees are residents of

  2  the United States.

  3         (d)  A corporation organized under the laws of the

  4  United States or of any state.

  5         (5)(4)  AMERICAN VESSEL.--The term "American vessel"

  6  means any vessel documented or numbered under the laws of the

  7  United States and includes any vessel which is neither

  8  documented or numbered under the laws of the United States nor

  9  documented under the laws of any foreign country, if its crew

10  is employed solely by one or more citizens or residents of the

11  United States or corporations organized under the laws of the

12  United States or of any state.

13         (6)  AVAILABLE FOR WORK.--The term "available for work"

14  means actively seeking and being ready and willing to accept

15  suitable employment.

16         (7)(5)  BASE PERIOD.--"Base period" means the first

17  four of the last five completed calendar quarters immediately

18  preceding the first day of an individual's benefit year.

19         (8)(6)  BENEFIT YEAR.--"Benefit year," with respect to

20  any individual, means the 1-year period beginning with the

21  first day of the first week with respect to which the

22  individual first files a valid claim for benefits and,

23  thereafter, the 1-year period beginning with the first day of

24  the first week with respect to which the individual next files

25  a valid claim for benefits after the termination of his or her

26  last preceding benefit year. Any claim for benefits made in

27  accordance with s. 443.151(2) shall be deemed to be a "valid

28  claim" for the purposes of this subsection if the individual

29  has been paid wages for insured work in accordance with the

30  provisions of s. 443.091(1)(f) s. 443.091(1)(e) and is

31  unemployed as defined in subsection (39) (32) at the time of


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  1  the filing of such claim.  However, the division may in its

  2  discretion provide by rule for the establishment of a uniform

  3  benefit year for all workers in one or more groups or classes

  4  of service or within a particular industry when and if it has

  5  been determined by the division, after notice to the industry

  6  and to the workers in such industry and an opportunity to be

  7  heard in the matter, that such groups or classes of workers in

  8  a particular industry periodically experience unemployment

  9  resulting from layoffs or shutdowns for limited periods of

10  time.

11         (9)(7)  BENEFITS.--"Benefits" means the money payable

12  to an individual, as provided in this chapter, with respect to

13  his or her unemployment.

14         (10)(8)  CALENDAR QUARTER.--"Calendar quarter" means

15  each period of 3 consecutive calendar months ending on March

16  31, June 30, September 30, and December 31.

17         (11)(9)  CASUAL LABOR.--"Casual labor" means labor

18  which is occasional, incidental, or irregular, not exceeding

19  200 person-hours in total duration.  "Duration" means the

20  period of time from the commencement to the completion of the

21  particular job or project.  However, services performed by an

22  employee for his or her employer during a period of 1 calendar

23  month or any 2 consecutive calendar months shall be deemed to

24  be casual labor only if such service is performed on not more

25  than 10 calendar days, whether or not such days are

26  consecutive.  If any of the services of an individual on a

27  particular labor project are not casual labor, as defined,

28  then none of the services of such individual on such job or

29  project shall be deemed casual labor. In order for services to

30  be exempt under this subsection, such services shall

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  1  constitute casual labor, as defined, and not in the course of

  2  the employer's trade or business, as defined.

  3         (12)(10)  COMMISSION.--"Commission" means the

  4  Unemployment Appeals Commission of the Department of Labor and

  5  Employment Security.

  6         (13)(11)  CONTRIBUTIONS.--"Contributions" means the

  7  money payments to the Unemployment Compensation Trust Fund

  8  required by this chapter.

  9         (14)(12)  CREW LEADER.--"Crew leader" means an

10  individual who:

11         (a)  Furnishes individuals to perform service in

12  agricultural labor for any other person.

13         (b)  Pays, either on his or her own behalf or on behalf

14  of such other person, the individuals so furnished by him or

15  her for the service in agricultural labor performed by them.

16         (c)  Has not entered into a written agreement with such

17  other person under which such individual is designated as an

18  employee of such other person.

19         (15)(13)  DIVISION.--"Division" means the Division of

20  Unemployment Compensation of the Department of Labor and

21  Employment Security.

22         (16)(14)  EARNED INCOME.--The term "earned income"

23  means gross remuneration derived from work, professional

24  service, or self-employment but does not include income

25  derived from invested capital or ownership of property.  The

26  term includes commissions, bonuses, back pay awards, and the

27  cash value of all remuneration paid in any medium other than

28  cash.

29         (17)(15)  EDUCATIONAL INSTITUTION.--With the exception

30  of an institution of higher education as defined in subsection

31  (26) (24), "educational institution" means an institution:


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  1         (a)  In which participants, trainees, or students are

  2  offered an organized course of study or training designed to

  3  transfer to them knowledge, skills, information, doctrines,

  4  attitudes, or abilities from, by, or under the guidance of, an

  5  instructor or teacher;

  6         (b)  Which is approved, licensed, or issued a permit to

  7  operate as a school by the Department of Education or other

  8  governmental agency that is authorized within the state to

  9  approve, license, or issue a permit for the operation of a

10  school; and

11         (c)  Which offers courses of study or training which

12  are academic, technical, trade, or preparation for gainful

13  employment in a recognized occupation.

14         (18)(16)  EMPLOYEE LEASING COMPANY.--The term "employee

15  leasing company" means an employing unit which maintains a

16  valid and active license under chapter 468 and which maintains

17  the records required by s. 443.171(7) and, in addition,

18  maintains a listing of the clients of the employee leasing

19  company and of the employees, including their social security

20  numbers, who have been assigned to work at each client company

21  job site. Further, each client company job site must be

22  identified by industry, products or services, and address. The

23  client list shall be provided to the division by June 30 and

24  by December 31 of each year. For purposes of this subsection,

25  "client" means a party who has contracted with an employee

26  leasing company to provide a worker, or workers, to perform

27  services for the client. Leased employees shall include

28  employees subsequently placed on the payroll of the employee

29  leasing company on behalf of the client. The employee leasing

30  company shall notify the division within 30 days of the

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  1  initiation or termination of the company's relationship with

  2  any client company pursuant to chapter 468.

  3         (19)(17)  EMPLOYER.--"Employer" means:

  4         (a)  Any employing unit which:

  5         1.  In any calendar quarter in either the current or

  6  preceding calendar year paid for service in employment wages

  7  of $1,500 or more; or

  8         2.  For any portion of a day in each of 20 different

  9  calendar weeks, whether or not such weeks were consecutive, in

10  either the current or the preceding calendar year, had in

11  employment at least one individual, irrespective of whether

12  the same individual was in employment in each such day.

13         (b)  Any employing unit for which service in

14  employment, as defined in paragraph (21)(b) (19)(b), is

15  performed, except as provided in paragraph (e).

16         (c)  Any employing unit for which service in

17  employment, as defined in paragraph (21)(c) (19)(c), is

18  performed, except as provided in paragraph (e).

19         (d)1.  Any employing unit for which agricultural labor,

20  as defined in paragraph (21)(e) (19)(e), is performed after

21  December 31, 1977.

22         2.  Any employing unit for which domestic service in

23  employment, as defined in paragraph (21)(g) (19)(g), is

24  performed after December 31, 1977.

25         (e)1.  In determining whether or not an employing unit

26  for which service other than domestic service is also

27  performed is an employer under paragraph (a), paragraph (b),

28  or paragraph (c) or subparagraph (d)1., the wages earned or

29  the employment of an employee performing domestic service

30  after December 31, 1977, shall not be taken into account.

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  1         2.  In determining whether or not an employing unit for

  2  which service other than agricultural labor is also performed

  3  is an employer under paragraph (a), paragraph (b), or

  4  paragraph (c) or subparagraph (d)2., the wages earned or the

  5  employment of an employee performing service in agricultural

  6  labor after December 31, 1977, shall not be taken into

  7  account. If an employing unit is determined to be an employer

  8  of agricultural labor, the employing unit shall be determined

  9  an employer for the purposes of paragraph (a).

10         (f)  Any individual or employing unit which acquired

11  the organization, trade, or business, or substantially all the

12  assets thereof, of another which at the time of such

13  acquisition was an employer subject to this chapter or which

14  acquired a part of the organization, trade, or business of

15  another which at the time of such acquisition was an employer

16  subject to this chapter, provided such other would have been

17  an employer under paragraph (a) if such part had constituted

18  its entire organization, trade, or business.

19         (g)  Any individual or employing unit which acquired

20  the organization, trade, or business, or substantially all the

21  assets thereof, of another employing unit, if the employment

22  record of the predecessor prior to such acquisition together

23  with the employment record of such individual or employing

24  unit subsequent to such acquisition, both within the same

25  calendar year, would be sufficient to render an employing unit

26  subject to this chapter as an employer under paragraph (a).

27         (h)  Any employing unit not an employer by reason of

28  any other paragraph of this subsection:

29         1.  For which, within either the current or preceding

30  calendar year, service is or was performed with respect to

31  which such employing unit is liable for any federal tax


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  1  against which credit may be taken for contributions required

  2  to be paid into a state unemployment fund.

  3         2.  Which, as a condition for approval of this chapter

  4  for full tax credit against the tax imposed by the Federal

  5  Unemployment Tax Act, is required pursuant to such act to be

  6  an "employer" under this chapter.

  7         (i)  Any employing unit which has become an employer

  8  under paragraph (a), paragraph (b), paragraph (c), paragraph

  9  (d), paragraph (e), paragraph (f), paragraph (g), or paragraph

10  (h) and has not ceased to be an employer subject to this

11  chapter, as provided in s. 443.121.

12         (j)  For the effective period of its election, any

13  other employing unit which has elected to become subject to

14  this chapter.

15         (k)  Any employing unit which fails to keep the records

16  of employment required by this chapter and by the rules of the

17  division shall be presumed to be an employer liable for the

18  payment of contributions pursuant to the provisions of this

19  chapter, regardless of the number of individuals employed by

20  such employing unit.  However, the division shall make written

21  demand that such employing unit keep and maintain required

22  payroll records, and such demand shall have been made not less

23  than 6 months before assessing contributions against any

24  employing unit determined to have become an "employer" solely

25  by reason of this paragraph.

26

27  For purposes of this subsection, if any week includes both

28  December 31 and January 1, the days of that week up to January

29  1 shall be deemed 1 calendar week, and the days beginning

30  January 1, another such week.

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  1         (20)(18)  EMPLOYING UNIT.--"Employing unit" means any

  2  individual or type of organization, including any partnership,

  3  association, trust, estate, joint-stock company, insurance

  4  company, or corporation, whether domestic or foreign; the

  5  receiver, trustee in bankruptcy, trustee, or successor of any

  6  of the foregoing; or the legal representative of a deceased

  7  person, which has or had in its employ one or more individuals

  8  performing services for it within this state.

  9         (a)  Each individual employed to perform or to assist

10  in performing the work of any agent or employee of an

11  employing unit shall be deemed to be employed by such

12  employing unit for all the purposes of this chapter, whether

13  such individual was hired or paid directly by such employing

14  unit or by such agent or employee, provided the employing unit

15  had actual or constructive knowledge of the work.

16         (b)  All individuals performing services within this

17  state for any employing unit which maintains two or more

18  separate establishments within this state shall be deemed to

19  be performing services for a single employing unit for all the

20  purposes of this chapter.

21         (c)  Any person who is an officer of a corporation and

22  who performs services for such corporation within this state,

23  whether or not such services are continuous, shall be deemed

24  an employee of the corporation during all of each week of his

25  or her tenure of office, regardless of whether or not he or

26  she is compensated for such services. Services shall be

27  presumed to have been rendered the corporation in cases where

28  such officer is compensated by means other than dividends upon

29  shares of stock of such corporation owned by him or her.

30

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  1         (21)(19)  EMPLOYMENT.--"Employment," subject to the

  2  other provisions of this chapter, means any service performed

  3  by an employee for the person employing him or her.

  4         (a)  Generally.--

  5         1.  The term "employment" includes any service

  6  performed prior to January 1, 1978, which was employment as

  7  defined in this subsection prior to such date and, subject to

  8  the other provisions of this subsection, service performed

  9  after December 31, 1977, including service in interstate

10  commerce, by:

11         a.  Any officer of a corporation.

12         b.  Any individual who, under the usual common-law

13  rules applicable in determining the employer-employee

14  relationship, has the status of an employee. However, whenever

15  a company, hereafter referred to as "client," which would

16  otherwise be designated as an employing unit has contracted

17  with an employee leasing company to supply it with workers,

18  those workers shall, after December 31, 1986, be considered

19  employees of the employee leasing company. The employee

20  leasing company shall be permitted to lease corporate officers

21  of the client to the client and such other workers where not

22  prohibited by Internal Revenue Service regulations.  Employees

23  of the employee leasing company shall be reported under the

24  employee leasing company's tax identification number and tax

25  rate for work performed for the employee leasing company.

26         c.  Any individual other than an individual who is an

27  employee under sub-subparagraph a. or sub-subparagraph b., who

28  performs services for remuneration for any person:

29         (I)  As an agent-driver or commission-driver engaged in

30  distributing meat products, vegetable products, fruit

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  1  products, bakery products, beverages (other than milk), or

  2  laundry or drycleaning services for his or her principal.

  3         (II)  As a traveling or city salesperson, other than as

  4  an agent-driver or commission-driver, engaged on a full-time

  5  basis in the solicitation on behalf of, and the transmission

  6  to, his or her principal (except for sideline sales activities

  7  on behalf of some other person) of orders from wholesalers,

  8  retailers, contractors, or operators of hotels, restaurants,

  9  or other similar establishments for merchandise for resale or

10  supplies for use in their business operations.

11

12  For purposes of sub-subparagraph c., the term "employment"

13  includes services described in sub-sub-subparagraphs (I) and

14  (II) only if: The contract of service contemplates that

15  substantially all of the services are to be performed

16  personally by such individual; the individual does not have a

17  substantial investment in facilities used in connection with

18  the performance of the services, other than in facilities for

19  transportation; and the services are not in the nature of a

20  single transaction that is not part of a continuing

21  relationship with the person for whom the services are

22  performed.

23         2.  Notwithstanding any other provisions of this

24  subsection, service with respect to which a tax is required to

25  be paid under any federal law imposing a tax against which

26  credit may be taken for contributions required to be paid into

27  a state unemployment fund or which as a condition for full tax

28  credit against the tax imposed by the Federal Unemployment Tax

29  Act is required to be covered under this chapter.

30         3.  If the services performed during one-half or more

31  of any pay period by an employee for the person employing him


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  1  or her constitute employment, all of the services of such

  2  employee for such period shall be deemed to be employment, but

  3  if the services performed during more than one-half of any

  4  such pay period by an employee for the person employing him or

  5  her do not constitute employment, then none of the services of

  6  such employee for such period shall be deemed to be

  7  employment.  This subparagraph shall not be applicable with

  8  respect to services performed in a pay period by an employee

  9  for the person employing him or her, when any of such service

10  is excepted by subparagraph (n)7.

11         4.  If two or more related corporations concurrently

12  employ the same individual and compensate such individual

13  through a common paymaster, each related corporation shall be

14  considered to have paid as wages to such individual only the

15  amounts actually disbursed by it to such individual and shall

16  not be considered to have paid as wages to such individual any

17  amounts actually disbursed to such individual by another of

18  such corporations.

19         a.  A "common paymaster" is any member of a group of

20  related corporations that disburses wages to concurrent

21  employees on behalf of the related corporations and that is

22  responsible for keeping payroll records with respect to those

23  concurrent employees. The common paymaster is not required to

24  disburse wages to all the employees of the related

25  corporations, but the provisions of this section shall not

26  apply to any wages to concurrent employees that are not

27  disbursed through a common paymaster. The common paymaster

28  shall pay concurrently employed individuals under this section

29  by one combined paycheck.

30         b.  "Concurrent employment" means the existence of

31  simultaneous employment relationships, as defined in this


                                  16

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    ENROLLED

    1998 Legislature                 CS for SB 1708, 1st Engrossed



  1  chapter, between an individual and related corporations. Such

  2  relationships require the performance of services by the

  3  employee for the benefit of the related corporations,

  4  including the common paymaster, in exchange for wages which,

  5  if deductible for the purposes of federal income tax, would be

  6  deductible by the related corporations.

  7         c.  Corporations shall be considered related

  8  corporations for an entire calendar quarter, as defined in

  9  subsection (10) (8), if they satisfy any one of the following

10  four tests at any time during that calendar quarter:

11         (I)  The corporations are members of a "controlled

12  group of corporations" as defined in s. 1563 of the Internal

13  Revenue Code of 1986 or would be members if paragraph

14  1563(a)(4) and subsection 1563(b) did not apply.

15         (II)  In the case of a corporation that does not issue

16  stock, either 50 percent or more of the members of the board

17  of directors or other governing body of one corporation are

18  members of the board of directors or other governing body of

19  the other corporation, or the holders of 50 percent or more of

20  the voting power to select such members are concurrently the

21  holders of more than 50 percent of that power with respect to

22  the other corporation.

23         (III)  Fifty percent or more of the officers of one

24  corporation are concurrently officers of the other

25  corporation.

26         (IV)  Thirty percent or more of the employees of one

27  corporation are concurrently employees of the other

28  corporation.

29         d.  The common paymaster shall report to the division,

30  as a part of the unemployment compensation quarterly tax and

31  wage report, the state unemployment compensation account


                                  17

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    ENROLLED

    1998 Legislature                 CS for SB 1708, 1st Engrossed



  1  number and name of each related corporation for which

  2  concurrent employees are being reported. Failure to timely

  3  report this information shall result in the related

  4  corporations being denied common paymaster status for that

  5  calendar quarter.

  6         e.  The common paymaster shall also have the primary

  7  responsibility for remitting contributions due under this

  8  chapter with respect to the wages it disburses as the common

  9  paymaster. The common paymaster shall compute these

10  contributions as though it were the sole employer of the

11  concurrently employed individuals. If the common paymaster

12  fails to timely remit these contributions or reports, in whole

13  or in part, it shall remain liable for the full amount of the

14  unpaid portion of these taxes. In addition, each of the other

15  related corporations using the common paymaster shall be

16  jointly and severally liable for its appropriate share of

17  these contributions. Such share shall be an amount equal to

18  the greater of the following:

19         (I)  The amount of the liability of the common

20  paymaster under this chapter, after taking into account any

21  contributions made.

22         (II)  The amount of the liability under this chapter

23  which, but for this section, would have existed with respect

24  to the wages from such other related corporations, reduced by

25  an allocable portion of any contributions previously paid by

26  the common paymaster with respect to those wages.

27         f.  This subsection may apply to all contributions and

28  reports due for the first quarter of 1997 and thereafter.

29         (b)  Public employees.--The term "employment" includes

30  service performed in the employ of this state or any of its

31  instrumentalities or any political subdivision thereof or any


                                  18

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    ENROLLED

    1998 Legislature                 CS for SB 1708, 1st Engrossed



  1  of its instrumentalities, any instrumentality of more than one

  2  of the foregoing, or any instrumentality of any of the

  3  foregoing and one or more other states or political

  4  subdivisions, provided such service is excluded from

  5  "employment" as defined in s. 3306(c)(7) of the Federal

  6  Unemployment Tax Act and is not excluded from "employment"

  7  under paragraph (d) of this subsection.

  8         (c)  Religious, charitable, etc., employees.--The term

  9  "employment" includes service performed by an individual in

10  the employ of a religious, charitable, educational, or other

11  organization, but only if the following conditions are met:

12         1.  The service is excluded from "employment" as

13  defined in the Federal Unemployment Tax Act solely by reason

14  of s. 3306(c)(8) of that act; and

15         2.  The organization had four or more individuals in

16  employment for some portion of a day in each of 20 different

17  weeks, whether or not such weeks were consecutive, within

18  either the current or preceding calendar year, regardless of

19  whether they were employed at the same moment of time.

20         (d)  Exclusions from paragraphs (b) and (c).--For the

21  purposes of paragraphs (b) and (c), the term "employment" does

22  not apply to service performed:

23         1.  In the employ of:

24         a.  A church or convention or association of churches.

25         b.  An organization which is operated primarily for

26  religious purposes and which is operated, supervised,

27  controlled, or principally supported by a church or convention

28  or association of churches.

29         2.  By a duly ordained, commissioned, or licensed

30  minister of a church in the exercise of his or her ministry or

31


                                  19

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    ENROLLED

    1998 Legislature                 CS for SB 1708, 1st Engrossed



  1  by a member of a religious order in the exercise of duties

  2  required by such order.

  3         3.  Prior to January 1, 1978, in the employ of a

  4  nonprofit educational institution which is not an institution

  5  of higher education and which would otherwise be employment as

  6  defined in paragraph (c).

  7         4.  In the employ of a governmental entity referred to

  8  in paragraph (b), if such service is performed by an

  9  individual in the exercise of duties:

10         a.  As an elected official.

11         b.  As a member of a legislative body, or a member of

12  the judiciary, of a state or political subdivision.

13         c.  As an employee serving on a temporary basis in case

14  of fire, storm, snow, earthquake, flood, or similar emergency.

15         d.  In a position which, under or pursuant to the laws

16  of this state, is designated as a major nontenured

17  policymaking or advisory position or a policymaking or

18  advisory position, the performance of the duties of which

19  ordinarily does not require more than 8 hours per week.

20         5.  In a facility conducted for the purpose of carrying

21  out a program of rehabilitation for individuals whose earning

22  capacity is impaired by age or physical or mental deficiency

23  or injury or providing remunerative work for individuals who,

24  because of their impaired physical or mental capacity, cannot

25  be readily absorbed in the competitive labor market, by an

26  individual receiving such rehabilitation or remunerative work.

27         6.  As part of an unemployment work-relief or

28  work-training program assisted or financed in whole or in part

29  by any federal agency or an agency of a state or political

30  subdivision thereof, by an individual receiving such work

31  relief or work training, except that this subparagraph does


                                  20

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    ENROLLED

    1998 Legislature                 CS for SB 1708, 1st Engrossed



  1  not apply to unemployment work-relief or work-training

  2  programs for which unemployment compensation coverage is

  3  required under a federal law, rule, or regulation.

  4         7.  By an inmate of a custodial or penal institution.

  5         (e)  Agricultural service.--The term "employment"

  6  includes service performed after December 31, 1977, by an

  7  individual in agricultural labor, as defined in subsection (2)

  8  (1), when:

  9         1.  Such service is performed before January 1, 1988,

10  for a person who:

11         a.  During any calendar quarter in either the current

12  or the preceding calendar year paid remuneration in cash of

13  $20,000 or more to individuals employed in agricultural labor.

14         b.  For some portion of a day in each of 20 different

15  calendar weeks, whether or not such weeks were consecutive, in

16  either the current or the preceding calendar year, employed in

17  agricultural labor 10 or more individuals, regardless of

18  whether they were employed at the same moment of time.

19         2.  Such service is performed after December 31, 1987,

20  for a person who:

21         a.  During any calendar quarter in either the current

22  or the preceding calendar year paid remuneration in cash of

23  $10,000 or more to individuals employed in agricultural labor.

24         b.  For some portion of a day in each of 20 different

25  calendar weeks, whether or not such weeks were consecutive, in

26  either the current or the preceding calendar year, employed in

27  agricultural labor five or more individuals, regardless of

28  whether they were employed at the same moment of time.

29         3.  Such service is performed by any individual who is

30  a member of a crew furnished by a crew leader to perform

31  service in agricultural labor for any other person.


                                  21

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    ENROLLED

    1998 Legislature                 CS for SB 1708, 1st Engrossed



  1         a.  For the purposes of this subparagraph, a crew

  2  member shall be treated as an employee of the crew leader:

  3         (I)  If the crew leader holds a valid certificate of

  4  registration under the Migrant and Seasonal Agricultural

  5  Worker Protection Act of 1983 or if substantially all of the

  6  members of the crew operate or maintain tractors, mechanized

  7  harvesting or crop-dusting equipment, or any other mechanized

  8  equipment which is provided by the crew leader; and

  9         (II)  If such individual is not an employee of such

10  other person within the meaning of paragraph (a).

11         b.  For the purposes of this subparagraph, in the case

12  of an individual who is furnished by a crew leader to perform

13  service in agricultural labor for any other person and who is

14  not treated as an employee of the crew leader under

15  sub-subparagraph a.:

16         (I)  Such other person and not the crew leader shall be

17  treated as the employer of such individual; and

18         (II)  Such other person shall be treated as having paid

19  cash remuneration to such individual in an amount equal to the

20  amount of cash remuneration paid to such individual by the

21  crew leader, either on his or her own behalf or on the behalf

22  of such other person, for the service in agricultural labor

23  performed for such other person.

24         (f)  Exclusion from paragraph (e).--The term

25  "employment" does not include service performed by an

26  individual in agricultural labor, except as provided in

27  paragraph (e); however, the provisions of paragraph (e) shall

28  not reduce the coverage provided under subparagraph (d)3.

29         (g)  Domestic service.--The term "employment" includes

30  domestic service after December 31, 1977, performed by maids,

31  cooks, maintenance workers, chauffeurs, social secretaries,


                                  22

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    ENROLLED

    1998 Legislature                 CS for SB 1708, 1st Engrossed



  1  caretakers, private yacht crews, butlers, and houseparents, in

  2  a private home, local college club, or local chapter of a

  3  college fraternity or sorority performed for a person who paid

  4  cash remuneration of $1,000 or more after December 31, 1977,

  5  in any calendar quarter in the current calendar year or the

  6  preceding calendar year to individuals employed in such

  7  domestic service.

  8         (h)  Service outside state.--The term "employment"

  9  includes an individual's entire service, performed within or

10  both within and without this state if:

11         1.  The service is localized in this state; or

12         2.  The service is not localized in any state, but some

13  of the service is performed in this state, and:

14         a.  The base of operations, or, if there is no base of

15  operations, then the place from which such service is directed

16  or controlled, is in this state; or

17         b.  The base of operations or place from which such

18  service is directed or controlled is not in any state in which

19  some part of the service is performed, but the individual's

20  residence is in this state.

21         (i)  Employer election to include service outside

22  state.--Services not covered under subparagraph (h)2. and

23  performed entirely without this state, with respect to no part

24  of which contributions are required and paid under an

25  unemployment compensation law of any other state or of the

26  Federal Government, shall be deemed to be employment subject

27  to this chapter if the individual performing such services is

28  a resident of this state and the division approves the

29  election of the employing unit for whom such services are

30  performed that the entire service of such individual shall be

31  deemed to be employment subject to this chapter.


                                  23

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    ENROLLED

    1998 Legislature                 CS for SB 1708, 1st Engrossed



  1         (j)  Service deemed to be localized within

  2  state.--Service shall be deemed to be localized within a state

  3  if:

  4         1.  The service is performed entirely within such

  5  state; or

  6         2.  The service is performed both within and without

  7  such state, but the service performed without such state is

  8  incidental to the individual's service within the state; for

  9  example, it is temporary or transitory in nature or consists

10  of isolated transactions.

11         (k)  Service outside United States.--The term

12  "employment" includes the service of an individual who is a

13  citizen of the United States, performed outside the United

14  States (except in Canada) in the employ of an American

15  employer, other than service which is deemed "employment"

16  under the provisions of paragraph (b) or paragraph (c) or the

17  parallel provisions of another state's law, if:

18         1.  The employer's principal place of business in the

19  United States is located in this state.

20         2.  The employer has no place of business in the United

21  States, but:

22         a.  The employer is an individual who is a resident of

23  this state.

24         b.  The employer is a corporation which is organized

25  under the laws of this state.

26         c.  The employer is a partnership or a trust and the

27  number of the partners or trustees who are residents of this

28  state is greater than the number who are residents of any one

29  other state.

30         3.  None of the criteria of subsection (4) (3) and this

31  paragraph is met, but the employer has elected coverage in


                                  24

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    ENROLLED

    1998 Legislature                 CS for SB 1708, 1st Engrossed



  1  this state, or, the employer having failed to elect coverage

  2  in any state, the individual has filed a claim for benefits,

  3  based on such service, under the laws of this state.

  4         (l)  Service on American vessel or aircraft.--The term

  5  "employment" includes all service performed by an officer or

  6  member of a crew of an American vessel or American aircraft on

  7  or in connection with such vessel or aircraft, provided that

  8  the operating office, from which the operations of such vessel

  9  or aircraft operating within or within and without the United

10  States is ordinarily and regularly supervised, managed,

11  directed, and controlled, is within this state.

12         (m)  Service under other unemployment compensation

13  law.--The term "employment" includes services covered by an

14  arrangement pursuant to s. 443.221 between the division and

15  the agency charged with the administration of any other state

16  unemployment compensation law or Federal Unemployment

17  Compensation Law, pursuant to which all services performed by

18  an individual for an employing unit are deemed to be performed

19  entirely within this state, if the division has approved an

20  election of the employing unit for which such services are

21  performed, pursuant to which the entire service of such

22  individual during the period covered by such election is

23  deemed to be insured work.

24         (n)  Exclusions generally.--The term "employment" does

25  not include:

26         1.  Domestic service in a private home, local college

27  club, or local chapter of a college fraternity or sorority,

28  except as provided in paragraph (g).

29         2.  Service performed on or in connection with a vessel

30  or aircraft not an American vessel or American aircraft, if

31


                                  25

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    ENROLLED

    1998 Legislature                 CS for SB 1708, 1st Engrossed



  1  the employee is employed on and in connection with such vessel

  2  or aircraft when outside the United States.

  3         3.  Service performed by an individual in, or as an

  4  officer or member of the crew of a vessel while it is engaged

  5  in, the catching, taking, harvesting, cultivating, or farming

  6  of any kind of fish, shellfish, crustacea, sponges, seaweeds,

  7  or other aquatic forms of animal and vegetable life, including

  8  service performed by any such individual as an ordinary

  9  incident to any such activity, except:

10         a.  Service performed in connection with the catching

11  or taking of salmon or halibut for commercial purposes.

12         b.  Service performed on, or in connection with, a

13  vessel of more than 10 net tons, determined in the manner

14  provided for determining the register tonnage of merchant

15  vessels under the laws of the United States.

16         4.  Service performed by an individual in the employ of

17  his or her son, daughter, or spouse, including step

18  relationships, and service performed by a child, or stepchild,

19  under the age of 21 in the employ of his or her father or

20  mother, or stepfather or stepmother.

21         5.  Service performed in the employ of the United

22  States Government or of an instrumentality of the United

23  States which is:

24         a.  Wholly or partially owned by the United States.

25         b.  Exempt from the tax imposed by s. 3301 of the

26  Internal Revenue Code by virtue of any provision of federal

27  law which specifically refers to such section, or the

28  corresponding section of prior law, in granting such

29  exemption; except that to the extent that the Congress shall

30  permit states to require any instrumentalities of the United

31  States to make payments into an unemployment fund under a


                                  26

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    ENROLLED

    1998 Legislature                 CS for SB 1708, 1st Engrossed



  1  state unemployment compensation law, all of the provisions of

  2  this law shall be applicable to such instrumentalities, and to

  3  services performed for such instrumentalities, in the same

  4  manner, to the same extent, and on the same terms as to all

  5  other employers, employing units, individuals, and services.

  6  If this state is not certified for any year by the Secretary

  7  of Labor under s. 3304 of the federal Internal Revenue Code,

  8  the payments required of such instrumentalities with respect

  9  to such year shall be refunded by the division from the fund

10  in the same manner and within the same period as is provided

11  in s. 443.141(6) with respect to contributions erroneously

12  collected.

13         6.  Service performed in the employ of a state, or any

14  political subdivision thereof, or any instrumentality of any

15  one or more of the foregoing which is wholly owned by one or

16  more states or political subdivisions, except as provided in

17  paragraph (b), and any service performed in the employ of any

18  instrumentality of one or more states or political

19  subdivisions, to the extent that the instrumentality is, with

20  respect to such service, immune under the Constitution of the

21  United States from the tax imposed by s. 3301 of the Internal

22  Revenue Code.

23         7.  Service performed in the employ of a corporation,

24  community chest, fund, or foundation, organized and operated

25  exclusively for religious, charitable, scientific, testing for

26  public safety, literary, or educational purposes, or for the

27  prevention of cruelty to children or animals, no part of the

28  net earnings of which inures to the benefit of any private

29  shareholder or individual, no substantial part of the

30  activities of which is carrying on propaganda or otherwise

31  attempting to influence legislation, and which does not


                                  27

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    ENROLLED

    1998 Legislature                 CS for SB 1708, 1st Engrossed



  1  participate in, or intervene in (including the publishing or

  2  distributing of statements), any political campaign on behalf

  3  of any candidate for public office, except as provided in

  4  paragraph (c).

  5         8.  Service with respect to which unemployment

  6  compensation is payable under an unemployment compensation

  7  system established by an Act of Congress.

  8         9.a.  Service performed in any calendar quarter in the

  9  employ of any organization exempt from income tax under s.

10  501(a) of the Internal Revenue Code, other than an

11  organization described in s. 401(a), or under s. 521, if the

12  remuneration for such service is less than $50.

13         b.  Service performed in the employ of a school,

14  college, or university, if such service is performed by a

15  student who is enrolled and is regularly attending classes at

16  such school, college, or university.

17         10.  Service performed in the employ of a foreign

18  government, including service as a consular or other officer

19  or employee of a nondiplomatic representative.

20         11.  Service performed in the employ of an

21  instrumentality wholly owned by a foreign government:

22         a.  If the service is of a character similar to that

23  performed in foreign countries by employees of the United

24  States Government or of an instrumentality thereof; and

25         b.  The Secretary of State shall certify to the

26  Secretary of the Treasury that the foreign government, with

27  respect to whose instrumentality exemption is claimed, grants

28  an equivalent exemption with respect to similar service

29  performed in the foreign country by employees of the United

30  States Government and of instrumentalities thereof.

31


                                  28

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    ENROLLED

    1998 Legislature                 CS for SB 1708, 1st Engrossed



  1         12.  Service performed as a student nurse in the employ

  2  of a hospital or a nurses' training school by an individual

  3  who is enrolled and is regularly attending classes in a

  4  nurses' training school chartered or approved pursuant to a

  5  state law; service performed as an intern in the employ of a

  6  hospital by an individual who has completed a 4-year course in

  7  a medical school chartered or approved pursuant to state law;

  8  and service performed by a patient of a hospital for such

  9  hospital.

10         13.  Service performed by an individual for a person as

11  an insurance agent or as an insurance solicitor, if all such

12  service performed by such individual for such person is

13  performed for remuneration solely by way of commission, except

14  for such services performed in accordance with 26 U.S.C.S. s.

15  3306(c)(7) and (8).  For purposes of this subsection, those

16  benefits excluded from the definition of wages pursuant to

17  subparagraphs (33)(b)2.-6., inclusive, shall not be considered

18  remuneration.

19         14.  Service performed by an individual for a person as

20  a real estate salesperson or agent, if all such service

21  performed by such individual for such person is performed for

22  remuneration solely by way of commission.

23         15.  Service performed by an individual under the age

24  of 18 in the delivery or distribution of newspapers or

25  shopping news, not including delivery or distribution to any

26  point for subsequent delivery or distribution.

27         16.  Service covered by an arrangement between the

28  division and the agency charged with the administration of any

29  other state or federal unemployment compensation law pursuant

30  to which all services performed by an individual for an

31  employing unit during the period covered by such employing


                                  29

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    ENROLLED

    1998 Legislature                 CS for SB 1708, 1st Engrossed



  1  unit's duly approved election are deemed to be performed

  2  entirely within such agency's state or under such federal law.

  3         17.  Service performed by an individual who is enrolled

  4  at a nonprofit or public educational institution which

  5  normally maintains a regular faculty and curriculum and

  6  normally has a regularly organized body of students in

  7  attendance at the place where its educational activities are

  8  carried on as a student in a full-time program, taken for

  9  credit at such institution, which combines academic

10  instruction with work experience, if such service is an

11  integral part of such program, and such institution has so

12  certified to the employer, except that this subparagraph does

13  not apply to service performed in a program established for or

14  on behalf of an employer or group of employers.

15         18.  Service performed by an individual for a person as

16  a barber, if all such service performed by such individual for

17  such person is performed for remuneration solely by way of

18  commission.

19         19.  Casual labor not in the course of the employer's

20  trade or business.

21         20.  Service performed by a speech therapist,

22  occupational therapist, or physical therapist who is

23  nonsalaried and working pursuant to a written contract with a

24  home health agency as defined in s. 400.462.

25         21.  Service performed by a direct seller. For purposes

26  of this subparagraph, the term "direct seller" means a person:

27         a.(I)  Who is engaged in the trade or business of

28  selling or soliciting the sale of consumer products to buyers

29  on a buy-sell basis or a deposit-commission basis, or on any

30  similar basis, for resale in the home or in any other place

31  that is not a permanent retail establishment; or


                                  30

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    ENROLLED

    1998 Legislature                 CS for SB 1708, 1st Engrossed



  1         (II)  Who is engaged in the trade or business of

  2  selling or soliciting the sale of consumer products in the

  3  home or in any other place that is not a permanent retail

  4  establishment;

  5         b.  Substantially all of whose remuneration for

  6  services described in sub-subparagraph a., whether or not paid

  7  in cash, is directly related to sales or other output, rather

  8  than to the number of hours worked; and

  9         c.  Who performs such services pursuant to a written

10  contract with the person for whom the services are performed,

11  which contract provides that the person will not be treated as

12  an employee with respect to such services for federal tax

13  purposes.

14         22.  Service performed by a nonresident alien

15  individual for the period he or she is temporarily present in

16  the United States as a nonimmigrant under subparagraph (F) or

17  subparagraph (J) of s. 101(a)(15) of the Immigration and

18  Nationality Act, and which is performed to carry out the

19  purpose specified in subparagraph (F) or subparagraph (J), as

20  the case may be.

21         23.  Service performed by an individual for

22  remuneration for a private, for-profit delivery or messenger

23  service, if the individual:

24         a.  Is free to accept or reject jobs from the delivery

25  or messenger service and the delivery or messenger service has

26  no control over when the individual works;

27         b.  Is remunerated for each delivery, or the

28  remuneration is based on factors that relate to the work

29  performed, including receipt of a percentage of any rate

30  schedule;

31


                                  31

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    ENROLLED

    1998 Legislature                 CS for SB 1708, 1st Engrossed



  1         c.  Pays all expenses and the opportunity for profit or

  2  loss rests solely with the individual;

  3         d.  Is responsible for operating costs, including fuel,

  4  repairs, supplies, and motor vehicle insurance;

  5         e.  Determines the method of performing the service,

  6  including selection of routes and order of deliveries;

  7         f.  Is responsible for the completion of a specific job

  8  and is liable for any failure to complete that job;

  9         g.  Enters into a contract with the delivery or

10  messenger service which specifies the relationship of the

11  individual to the delivery or messenger service to be that of

12  an independent contractor and not that of an employee; and

13         h.  Provides the vehicle used to perform the service.

14         24.  Service performed in agricultural labor by an

15  individual who is an alien admitted to the United States to

16  perform service in agricultural labor pursuant to ss.

17  101(a)(15)(H) and 214(c) of the Immigration and Nationality

18  Act.

19         (22)(20)  EMPLOYMENT OFFICE.--"Employment office" means

20  a free public employment office or branch thereof operated by

21  this or any other state as a part of a state-controlled system

22  of public employment offices or by a federal agency charged

23  with the administration of an unemployment compensation

24  program or free public employment offices.

25         (23)(21)  FARM.--"Farm" includes stock, dairy, poultry,

26  fruit, fur-bearing animal, and truck farms, plantations,

27  ranches, nurseries, ranges, greenhouses or other similar

28  structures used primarily for the raising of agricultural or

29  horticultural commodities, and orchards.

30         (24)(22)  FUND.--"Fund" means the Unemployment

31  Compensation Trust Fund created by this chapter, to which all


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  1  contributions required and from which all benefits provided

  2  under this chapter shall be paid.

  3         (25)(23)  HOSPITAL.--"Hospital" means an institution

  4  which has been licensed, certified, or approved by the

  5  Department of Health and Rehabilitative Services as a

  6  hospital.

  7         (26)(24)  INSTITUTION OF HIGHER

  8  EDUCATION.--"Institution of higher education" means an

  9  educational institution which:

10         (a)  Admits as regular students only individuals having

11  a certificate of graduation from a high school, or the

12  recognized equivalent of such a certificate;

13         (b)  Is legally authorized in this state to provide a

14  program of education beyond high school;

15         (c)  Provides an educational program for which it

16  awards a bachelor's or higher degree, or provides a program

17  which is acceptable for full credit toward such a degree, a

18  program of postgraduate or postdoctoral studies, or a program

19  of training to prepare students for gainful employment in a

20  recognized occupation; and

21         (d)  Is a public or other nonprofit institution.

22

23  Notwithstanding any of the foregoing provisions of this

24  subsection, all colleges and universities in this state and

25  recognized as such by this state are institutions of higher

26  education for purposes of this section.

27         (27)(25)  INSURED WORK.--"Insured work" means

28  employment for employers.

29         (28)  LEAVE OF ABSENCE.--The term "leave of absence"

30  means a temporary break in service to an employer, for a

31  specified period of time, during which the employing unit


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  1  guarantees the same or a comparable position to the worker at

  2  the expiration of the leave.

  3         (29)(26)  MISCONDUCT.--"Misconduct" includes, but is

  4  not limited to, the following, which shall not be construed in

  5  pari materia with each other:

  6         (a)  Conduct evincing such willful or wanton disregard

  7  of an employer's interests as is found in deliberate violation

  8  or disregard of standards of behavior which the employer has

  9  the right to expect of his or her employee; or

10         (b)  Carelessness or negligence of such a degree or

11  recurrence as to manifest culpability, wrongful intent, or

12  evil design or to show an intentional and substantial

13  disregard of the employer's interests or of the employee's

14  duties and obligations to his or her employer.

15         (30)  MONETARY DETERMINATION.--The term "monetary

16  determination" means a determination of whether and in what

17  amount a claimant is eligible for benefits based on the

18  claimant's employment during the base period of the claim.

19         (31)  NONMONETARY DETERMINATION.--The term "nonmonetary

20  determination" means a determination of the claimant's

21  eligibility for benefits on all issues other than monetary

22  entitlement and benefit overpayment.

23         (32)(27)  NOT IN THE COURSE OF THE EMPLOYER'S TRADE OR

24  BUSINESS.--"Not in the course of the employer's trade or

25  business" means that which does not promote or advance the

26  trade or business of the employer.

27         (33)(28)  PAY PERIOD.--"Pay period" means a period of

28  not more than 31 consecutive days for which a payment or

29  remuneration is ordinarily made to the employee by the person

30  employing him or her.

31


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  1         (34)  REASONABLE ASSURANCE.--The term "reasonable

  2  assurance" means a written or verbal agreement or an agreement

  3  between the employer and the worker understood through

  4  tradition within the trade or occupation or as defined in

  5  employer policy.

  6         (35)(29)  REIMBURSABLE EMPLOYER.--"Reimbursable

  7  employer" means an employer who is liable for payments in lieu

  8  of contributions as required by this chapter.

  9         (36)(30)  STATE.--"State" includes the states of the

10  United States, the District of Columbia, Canada, the

11  Commonwealth of Puerto Rico, and the Virgin Islands.

12         (37)(31)  STATE LAW.--"State law" means the

13  unemployment insurance law of any state, approved by the

14  United States Secretary of Labor under s. 3304 of the Internal

15  Revenue Code of 1954.

16         (38)  TEMPORARY LAYOFF.--The term "temporary layoff"

17  means a job separation due to lack of work which does not

18  exceed 8 weeks in duration and which has a fixed or

19  approximate return to work date.

20         (39)(32)  UNEMPLOYMENT.--"Unemployment" means:

21         (a)  An individual shall be deemed "totally unemployed"

22  in any week during which he or she performs no services and

23  with respect to which no earned income is payable to him or

24  her, or shall be deemed "partially unemployed" in any week of

25  less than full-time work if the earned income payable to him

26  or her with respect to such week is less than his or her

27  weekly benefit amount.  The division shall prescribe

28  regulations applicable to unemployed individuals making such

29  distinctions in the procedures as to total unemployment,

30  part-time unemployment, partial unemployment of individuals

31


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  1  attached to their regular jobs, and other forms of short-time

  2  work, as the division deems necessary.

  3         (b)  An individual's week of unemployment shall be

  4  deemed to commence only after his or her registration at an

  5  employment office, except as the division may by rule

  6  otherwise prescribe.

  7         (40)(33)  WAGES.--

  8         (a)  "Wages" means all remuneration for employment,

  9  including commissions, bonuses, back pay awards, and the cash

10  value of all remuneration paid in any medium other than cash.

11  The reasonable cash value of remuneration in any medium other

12  than cash shall be estimated and determined in accordance with

13  rules prescribed by the division.  After January 1, 1986, the

14  term "wages" includes tips or gratuities which are received

15  while performing services which constitute employment and are

16  included in a written statement furnished to the employer

17  pursuant to s. 6053(a) of the Internal Revenue Code of 1954.

18         (b)  "Wages" does not include:

19         1.  That part of remuneration which, after remuneration

20  equal to $6,000 prior to January 1, 1983, and $7,000 after

21  December 31, 1982, has been paid in a calendar year to an

22  individual by an employer or his or her predecessor with

23  respect to employment during any calendar year, is paid to

24  such individual by such employer during such calendar year,

25  unless that part of the remuneration is subject to a tax,

26  under a federal law imposing the tax, against which credit may

27  be taken for contributions required to be paid into a state

28  unemployment fund.  For the purposes of this subsection, the

29  term "employment" includes services constituting employment

30  under any employment security law of another state or of the

31  Federal Government.


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  1         2.  The amount of any payment, with respect to services

  2  performed, to, or on behalf of, an individual in its employ

  3  under a plan or system established by an employing unit which

  4  makes provision for individuals in its employ generally or for

  5  a class or classes of such individuals, including any amount

  6  paid by an employing unit for insurance or annuities, or into

  7  a fund, to provide for any such payment, on account of:

  8         a.  Sickness or accident disability, but, in the case

  9  of payments made to an employee or any of his or her

10  dependents, this subparagraph shall exclude from the term

11  "wages" only those payments received under a workers'

12  compensation law.

13         b.  Medical and hospitalization expenses in connection

14  with sickness or accident disability.

15         c.  Death, provided the individual in its employ:

16         (I)  Has not the option to receive, instead of

17  provision for such death benefit, any part of such payment or,

18  if such death benefit is insured, any part of the premiums, or

19  contributions to premiums, paid by his or her employing unit;

20  and

21         (II)  Has not the right, under the provisions of the

22  plan or system or policy of insurance providing for such death

23  benefit, to assign such benefit or to receive cash

24  consideration in lieu of such benefit either upon his or her

25  withdrawal from the plan or system providing for such benefit

26  or upon termination of such plan or system or policy of

27  insurance or of his or her services with such employing unit.

28         3.  The amount of any payment on account of sickness or

29  accident disability, or medical or hospitalization expenses in

30  connection with sickness or accident disability, made by an

31  employing unit to, or on behalf of, an individual performing


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  1  services for it after the expiration of 6 calendar months

  2  following the last calendar month in which the individual

  3  performed services for such employing unit.

  4         4.  The payment by an employing unit, without deduction

  5  from the remuneration of the individual in its employ, of the

  6  tax imposed upon an individual in its employ under s. 3101 of

  7  the federal Internal Revenue Code with respect to services

  8  performed.

  9         5.  The value of:

10         a.  Meals furnished to an employee or the employee's

11  spouse or dependents by the employer on the business premises

12  of the employer for the convenience of the employer; or

13         b.  Lodging furnished to an employee or the employee's

14  spouse or dependents by the employer on the business premises

15  of the employer for the convenience of the employer when such

16  lodging is included as a condition of employment.

17         6.  The amount of any payment made by an employing unit

18  to, or on behalf of, an individual performing services for it

19  or a beneficiary of such individual:

20         a.  From or to a trust described in s. 401(a) of the

21  Internal Revenue Code of 1954 which is exempt from tax under

22  s. 501(a) at the time of such payment unless such payment is

23  made to an employee of the trust as remuneration for services

24  rendered as such employee and not as a beneficiary of the

25  trust;

26         b.  Under or to an annuity plan which, at the time of

27  such payment, is a plan described in s. 403(a) of the Internal

28  Revenue Code of 1954;

29         c.  Under a simplified employee pension if, at the time

30  of the payment, it is reasonable to believe that the employee

31


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  1  will be entitled to a deduction under s. 219(b)(2) of the

  2  Internal Revenue Code of 1954 for such payment;

  3         d.  Under or to an annuity contract described in s.

  4  403(b) of the Internal Revenue Code of 1954, other than a

  5  payment for the purchase of such contract which is made by

  6  reason of a salary reduction agreement, whether evidenced by a

  7  written instrument or otherwise;

  8         e.  Under or to an exempt governmental deferred

  9  compensation plan as described in s. 3121(v)(3) of the

10  Internal Revenue Code of 1954; or

11         f.  To supplement pension benefits under a plan or

12  trust described in any of the foregoing provisions of this

13  subparagraph to take into account some portion or all of the

14  increase in the cost of living, as determined by the United

15  States Secretary of Labor, since retirement, but only if such

16  supplemental payments are under a plan which is treated as a

17  welfare plan under s. 3(2)(B)(ii) of the Employee Retirement

18  Income Security Act of 1974.

19         g.  Under a cafeteria plan, within the meaning of s.

20  125 of the Internal Revenue Code of 1986, as amended, if such

21  payment would not be treated as wages without regard to such

22  plan and it is reasonable to believe that, if s. 125 of the

23  Internal Revenue Code of 1986, as amended, applied for

24  purposes of this section, s. 125 of the Internal Revenue Code

25  of 1986, as amended, would not treat any wages as

26  constructively received.

27         (41)(34)  WEEK.--"Week" means such period of 7

28  consecutive days as the division may by rule prescribe.  The

29  division may by rule prescribe that a week shall be deemed to

30  be "in," "within," or "during" that benefit year which

31  includes the greater part of such week.


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  1         (42)(35)  HIGH QUARTER.--"High quarter" means that

  2  quarter in the base period in which the claimant had the

  3  greatest amount of wages paid, regardless of the number of

  4  employers paying wages in that quarter.

  5         (43)(36)  VOLUNTARY CONTRIBUTION.--"Voluntary

  6  contribution" means any payment made to the Unemployment

  7  Compensation Trust Fund in excess of any payments required

  8  under this chapter.

  9         Section 5.  Section 443.091, Florida Statutes, is

10  amended to read:

11         443.091  Benefit eligibility conditions.--

12         (1)  An unemployed individual shall be eligible to

13  receive benefits with respect to any week only if the division

14  finds that:

15         (a)  She or he has made a claim for benefits with

16  respect to such week in accordance with such rules as the

17  division may prescribe.

18         (b)  She or he has registered for work at, and

19  thereafter continued to report at, the division, which shall

20  be responsible for notification of the Division of Jobs and

21  Benefits Florida State Employment Service in accordance with

22  such rules as the division may prescribe; except that the

23  division may, by rule not inconsistent with the purposes of

24  this law, waive or alter either or both of the requirements of

25  this subsection as to individuals attached to regular jobs;

26  but no such rule shall conflict with s. 443.111(1).

27         (c)1.  She or he is able to work and is available for

28  work. In order to assess eligibility for a claimed week of

29  unemployment, the division shall develop criteria to determine

30  a claimant's ability to work and availability for work.

31


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  1         2.  Notwithstanding any other provisions in this

  2  section, no otherwise eligible individual shall be denied

  3  benefits for any week because she or he is in training with

  4  the approval of the division, nor shall such individual be

  5  denied benefits with respect to any week in which she or he is

  6  in training with the approval of the division by reason of the

  7  application of provisions in subparagraph 1. relating to

  8  availability for work, or the provisions of s. 443.101(2)

  9  relating to failure to apply for, or refusal to accept,

10  suitable work. Training may be approved by the division in

11  accordance with criteria prescribed by rule. A claimant's

12  eligibility during approved training is contingent upon

13  satisfying eligibility conditions prescribed by rule.

14         3.  Notwithstanding any other provision of this

15  chapter, an individual who is in training approved under s.

16  236(a)(1) of the Trade Act of 1974, as amended, may not be

17  determined to be ineligible or disqualified for benefits with

18  respect to her or his enrollment in such training or because

19  of leaving work which is not suitable employment to enter such

20  training.  For the purposes of this subparagraph, the term

21  "suitable employment" means, with respect to a worker, work of

22  a substantially equal or higher skill level than the worker's

23  past adversely affected employment, as defined for purposes of

24  the Trade Act of 1974, as amended, the wages for which are not

25  less than 80 percent of the worker's average weekly wage as

26  determined for purposes of the Trade Act of 1974, as amended.

27         4.  Notwithstanding any other provision of this

28  section, an otherwise eligible individual shall not be denied

29  benefits for any week by reason of the application of

30  subparagraph 1. because she or he is before any court of the

31


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  1  United States or any state pursuant to a lawfully issued

  2  summons to appear for jury duty.

  3         (d)  She or he participates in reemployment services,

  4  such as job search assistance services, whenever the

  5  individual has been determined, pursuant to a profiling system

  6  established by rule of the division, to be likely to exhaust

  7  regular benefits and to be in need of reemployment services.

  8         (e)  She or he has been unemployed for a waiting period

  9  of 1 week. No week shall be counted as a week of unemployment

10  for the purposes of this subsection:

11         1.  Unless it occurs within the benefit year which

12  includes the week with respect to which she or he claims

13  payment of benefits.

14         2.  If benefits have been paid with respect thereto.

15         3.  Unless the individual was eligible for benefits

16  with respect thereto as provided in this section and s.

17  443.101 except for the requirements of this subsection and of

18  s. 443.101(5).

19         (f)  She or he has been paid wages for insured work

20  equal to 1.5 times her or his high quarter wages during her or

21  his base period, except that an unemployed individual is not

22  eligible to receive benefits if the base period wages are less

23  than $3,400. As amended by this act, this paragraph applies

24  only to benefit years beginning on or after July 1, 1996.

25         (2)  No individual may receive benefits in a benefit

26  year unless, subsequent to the beginning of the next preceding

27  benefit year during which she or he received benefits, she or

28  he performed service, whether or not in employment as defined

29  in s. 443.036, and earned remuneration for such service in an

30  amount equal to not less than 3 times her or his weekly

31


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  1  benefit amount as determined for her or his current benefit

  2  year.

  3         (3)  Benefits based on service in employment defined in

  4  s. 443.036(21)(b) s. 443.036(19)(b) and (c) shall be payable

  5  in the same amount, on the same terms, and subject to the same

  6  conditions as benefits payable on the basis of other service

  7  subject to this chapter, except that:

  8         (a)  Benefits shall not be paid based on services in an

  9  instructional, research, or principal administrative capacity

10  for an educational institution or an institution of higher

11  education for any week of unemployment commencing during the

12  period between 2 successive academic years; during a similar

13  period between two regular terms, whether or not successive;

14  or during a period of paid sabbatical leave provided for in

15  the individual's contract, to any individual, if such

16  individual performs such services in the first of such

17  academic years or terms and there is a contract or a

18  reasonable assurance that such individual will perform

19  services in any such capacity for any educational institution

20  or institution of higher education in the second of such

21  academic years or terms.

22         (b)  Benefits shall not be based on services in any

23  other capacity for an educational institution or an

24  institution of higher education to any individual for any week

25  which commences during a period between 2 successive academic

26  years or terms if such individual performs such services in

27  the first of the academic years or terms and there is a

28  reasonable assurance that such individual will perform such

29  services in the second of the academic years or terms; except

30  that, if compensation is denied to any individual under this

31  paragraph and such individual was not offered an opportunity


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  1  to perform such services for the educational institution for

  2  the second of such academic years or terms, that individual

  3  shall be entitled to a retroactive payment of compensation for

  4  each week for which the individual filed a timely claim for

  5  compensation and for which compensation was denied solely by

  6  reason of this paragraph.

  7         (c)  Benefits shall not be paid to any individual for

  8  any week which commences during an established and customary

  9  vacation period or holiday recess if such individual performs

10  any services described in paragraph (a) or paragraph (b) in

11  the period immediately before such vacation period or holiday

12  recess and there is a reasonable assurance that such

13  individual will perform any such service in the period

14  immediately following such vacation period or holiday recess.

15         (d)  Benefits shall not be payable on the basis of

16  services in any such capacities as specified in paragraphs

17  (a), (b), and (c) to any individual who performed such

18  services in an educational institution while in the employ of

19  a governmental agency or governmental entity which is

20  established and operated exclusively for the purpose of

21  providing such services to one or more educational

22  institutions.

23         (e)  Benefits shall not be payable on the basis of

24  services in any such capacities as specified in paragraphs

25  (a), (b), (c), and (d) to any individual who provided such

26  services to or on behalf of an educational institution, or an

27  institution of higher education.

28         (f)  As used in this subsection, the term "fixed

29  contract" means a written agreement of employment for a

30  specified period of time, and the term "continuing contract"

31


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  1  means a written agreement that is automatically renewed until

  2  terminated by one of the parties to the contract.

  3         (4)  In the event of national emergency, in the course

  4  of which the Federal Emergency Unemployment Payment Plan is,

  5  at the request of the Governor, invoked for all or any part of

  6  the state, such plan shall supersede the procedures prescribed

  7  by this chapter, and by rules adopted hereunder, and the

  8  division shall act as the Florida agency for the United States

  9  Department of Labor in the administration of such plan.

10         (5)  Benefits shall not be paid to any individual on

11  the basis of any service, 90 percent or more substantially all

12  of which consists of participating in sports or athletic

13  events or training, or preparing to so participate, for any

14  week which commences during the period between two successive

15  sport seasons (or similar periods) if such individual

16  performed such service in the first of such seasons (or

17  similar periods) and there is a reasonable assurance that such

18  individual will perform such services in the later of such

19  seasons (or similar periods).

20         (6)  With respect to weeks of unemployment beginning on

21  or after January 1, 1978, wages for insured work shall include

22  wages paid for previously uncovered services.  For the

23  purposes of this subsection, except to the extent that

24  assistance under Title II of the Emergency Jobs and

25  Unemployment Assistance Act of 1974 was paid on the basis of

26  such services, the term "previously uncovered services" means

27  services:

28         (a)  Which were not employment as defined in this

29  chapter prior to January 1, 1978, and were not services

30  covered pursuant to s. 443.121(3) at any time during the

31  1-year period ending December 31, 1975; and


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  1         (b)  Which are:

  2         1.  Agricultural labor or domestic service as defined

  3  in s. 443.036; or

  4         2.  Services performed by an employee of this state or

  5  a political subdivision thereof, as provided in s.

  6  443.036(21)(b) s. 443.036(19)(b), or by an employee of a

  7  nonprofit educational institution which is not an institution

  8  of higher education.

  9         (7)  Benefits paid to any individual whose base period

10  wages include wages for previously uncovered services, as

11  defined in subsection (6), shall not be charged to the

12  employer or the employer's experience rating account, to the

13  extent that such individual would not have been eligible to

14  receive such compensation had the state not provided for

15  payment of compensation on the basis of such previously

16  uncovered services, and provided benefits shall be paid for

17  such previously uncovered service only to the extent that the

18  division determines that the unemployment compensation fund

19  may be reimbursed for such benefits pursuant to Pub. L. No.

20  94-566, s. 121.

21         Section 6.  Subsection (1), subsection (2), and

22  paragraph (c) of subsection (3) of section 443.121, Florida

23  Statutes, are amended to read:

24         443.121  Employing units affected.--

25         (1)  PERIODS OF LIABILITY.--

26         (a)  Any employing unit which is or becomes an employer

27  subject to this chapter as defined in s. 443.036(19)(a) s.

28  443.036(17)(a), (b), (c), (d), or (e) within any calendar year

29  shall be subject to this chapter during the whole of such

30  calendar year.

31


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  1         (b)  Any employing unit which is or becomes an employer

  2  subject to this chapter solely by reason of the provisions of

  3  s. 443.036(19)(f) s. 443.036(17)(f) shall be subject to this

  4  chapter only during its operation of the business acquired.

  5         (c)  Any employing unit which is or becomes an employer

  6  subject to this chapter solely by reason of the provisions of

  7  s. 443.036(19)(g) s. 443.036(17)(g) shall be subject to this

  8  chapter only with respect to employment occurring subsequent

  9  to the date of such acquisition.

10         (2)  TERMINATION OF COVERAGE.--

11         (a)  General.--Except as otherwise provided in this

12  section, an employing unit shall cease to be an employer

13  subject to this chapter as of January 1 of any calendar year

14  only if it files with the division, by April 30 of the year

15  for which termination is requested, a written application for

16  termination of coverage and the division finds that the

17  employing unit, in the preceding calendar year, did not meet

18  the requirements of an employer, as defined in s.

19  443.036(19)(a) s. 443.036(17)(a), (d), or (e).  However, the

20  above-prescribed time limitation for the filing of such

21  written application may be waived by the division in cases

22  where such time limitation had expired prior to the

23  establishment in the records of the division of the liability

24  of such employing unit.  For the purposes of this subsection,

25  the two or more employing units mentioned in s. 443.036(19)(f)

26  s. 443.036(17)(f), (g), and (i) shall be treated as a single

27  employing unit.

28         (b)  Nonprofit organizations.--Except as otherwise

29  provided in subsection (4), an employing unit subject to this

30  chapter by reason of s. 443.036(21)(c) s. 443.036(19)(c) shall

31  cease to be an employer so subject as of January 1 of any


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  1  calendar year only if it files with the division, by April 30

  2  of the year for which termination is requested, a written

  3  application for termination of coverage and the division finds

  4  that there were no 20 different days, each day being in a

  5  different week within the preceding calendar year, within

  6  which such employing unit employed four or more individuals in

  7  employment subject to this chapter.  The timely filing of

  8  application may be waived as provided in paragraph (a).

  9         (c)  State and political subdivisions.--The state and

10  any political subdivision of the state shall remain an

11  employer subject to this chapter for the duration of any

12  employment defined in s. 443.036(21)(b) s. 443.036(19)(b) and

13  shall cease being so subject only pursuant to subsection (4).

14         (3)  ELECTIVE COVERAGE.--

15         (c)  Certain services for political subdivisions.--

16         1.  Any political subdivision of this state may elect

17  to cover under this chapter, for not less than 1 calendar

18  year, service performed by employees in all of the hospitals

19  and institutions of higher education operated by such

20  political subdivision.  Election is to be made by filing with

21  the division a notice of such election at least 30 days prior

22  to the effective date of such election.  The election may

23  exclude any services described in s. 443.036(21)(d) s.

24  443.036(19)(d).  Any political subdivision electing coverage

25  under this paragraph shall make payments in lieu of

26  contributions with respect to benefits attributable to such

27  employment as provided with respect to nonprofit organizations

28  in s. 443.131(4)(b) and (d).

29         2.  The provisions in s. 443.091(4) with respect to

30  benefit rights based on service for nonprofit organizations

31  and state hospitals and institutions of higher education shall


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  1  be applicable also to service covered by an election under

  2  this section.

  3         3.  The amounts required to be paid in lieu of

  4  contributions by any political subdivision under this

  5  paragraph shall be billed and payment made as provided in s.

  6  443.131(4)(b) with respect to similar payments by nonprofit

  7  organizations.

  8         4.  An election under this paragraph may be terminated

  9  after not less than 1 calendar year of coverage by filing with

10  the division written notice not later than 30 days preceding

11  the last day of the calendar year in which the termination is

12  to be effective.  Such termination becomes effective as of

13  January 1 of the next ensuing calendar year with respect to

14  services performed after that date.

15         Section 7.  Subsection (1), paragraph (g) of subsection

16  (3), paragraph (a) of subsection (4), paragraphs (a), (b), and

17  (d) of subsection (5), and paragraph (b) of subsection (6) of

18  section 443.131, Florida Statutes, are amended to read:

19         443.131  Contributions.--

20         (1)  WHEN PAYABLE.--Contributions shall accrue and

21  become payable by each employer for each calendar quarter in

22  which he or she is subject to this chapter, with respect to

23  wages paid during such calendar quarter for employment.  Such

24  contributions shall become due and be paid by each employer to

25  the division for the fund, in accordance with such rules as

26  the division may prescribe. However, nothing in this

27  subsection shall be construed to prohibit the division from

28  allowing, on a limited basis, at the request of the employer,

29  certain employers of employees performing domestic services,

30  as defined in s. 443.036(21)(g) s. 443.036(19)(g) and by rule

31  of the division, to pay contributions or report wages at


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  1  intervals other than quarterly when such payment or reporting

  2  is to the advantage of the division and the employers, and

  3  when such nonquarterly payment and reporting is authorized

  4  under federal law.  This provision gives employers of

  5  employees performing domestic services the option to elect to

  6  report wages and pay taxes annually, with a due date of April

  7  1 and a delinquency date of April 30. In order to qualify for

  8  this election, the employer must have only domestic employees,

  9  be in good standing, apply to this program no later than

10  December 30 of the preceding calendar year, and agree to

11  provide the division with any special reports which might be

12  requested, as required by rule 38B-2.025(5), including copies

13  of all federal employment tax forms. Failure to furnish any

14  information when required may result in the employer's loss of

15  the privilege to elect participation in this program.

16  Contributions shall not be deducted, in whole or in part, from

17  the wages of individuals in such employer's employ.  In the

18  payment of any contributions, a fractional part of a cent

19  shall be disregarded unless it amounts to one-half cent or

20  more, in which case it shall be increased to 1 cent.

21         (3)  CONTRIBUTION RATES BASED ON BENEFIT EXPERIENCE.--

22         (g)1.  For the purposes of this subsection, two or more

23  employers who are parties to a transfer of business or the

24  subject of a merger, consolidation, or other form of

25  reorganization, effecting a change in legal identity or form,

26  shall be deemed to be a single employer and shall be

27  considered as one employer with a continuous employment record

28  if the division finds that the successor employer continues to

29  carry on the employing enterprises of the predecessor employer

30  or employers and that the successor employer has paid all

31  contributions required of and due from the predecessor


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  1  employer or employers and has assumed liability for all

  2  contributions that may become due from the predecessor

  3  employer or employers. As used in this paragraph, the term

  4  "contributions" means all indebtedness to the division,

  5  including, but not limited to, interest, penalty, collection

  6  fee, and service fee. A successor has 30 days from the date of

  7  the official notification of liability by succession to accept

  8  the transfer of the predecessor's or predecessors' employment

  9  record or records. If the predecessor or predecessors have

10  unpaid contributions or outstanding quarterly reports, the

11  successor has 30 days from the date of the notice listing the

12  total amount due to pay the total amount with certified funds.

13  After the total indebtedness has been paid, the employment

14  record or records of the predecessor or predecessors will be

15  transferred to the successor. Employment records may be

16  transferred by the division. The tax rate of total successor

17  and predecessor upon the transfer of employment records shall

18  be determined by the division as prescribed by rule in order

19  to calculate any tax rate change resulting from the transfer

20  of employment records.

21         2.  Whether or not there is a transfer of employment

22  record as contemplated in this paragraph, the predecessor

23  shall in the event he or she again employs persons be treated

24  as an employer without previous employment record or, if his

25  or her coverage has been terminated as provided in s. 443.121,

26  as a new employing unit.

27         3.  The division may provide by rule for partial

28  transfer of experience rating when an employer has transferred

29  at any time an identifiable and segregable portion of his or

30  her payrolls and business to a successor employing unit. As a

31  condition of such partial transfer of experience, the rules


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  1  shall require an application by the successor, agreement by

  2  the predecessor, and such evidence as the division may

  3  prescribe of the experience and payrolls attributable to the

  4  transferred portion up to the date of transfer. The rules

  5  shall provide that the successor employing unit, if not

  6  already an employer, shall become an employer as of the date

  7  of the transfer and that the experience of the transferred

  8  portion of the predecessor's account shall be removed from the

  9  experience-rating record of the predecessor, and for each

10  calendar year following the date of the transfer of the

11  employment record on the books of the division, the division

12  shall compute the rate of contribution payable by the

13  successor on the basis of his or her experience, if any,

14  combined with the experience of the portion of the record

15  transferred. The rules may also provide what rates shall be

16  payable by the predecessor and successor employers for the

17  period between the date of the transfer of the employment

18  record of the transferred unit on the books of the division

19  and the first day of the next calendar year.

20         4.  This paragraph shall not apply to the employee

21  leasing company and client contractual agreement as defined in

22  s. 443.036. The client shall, in the event of termination of

23  the contractual agreement or failure by the employee leasing

24  company to submit reports or pay contributions as required by

25  the division, be treated as a new employer without previous

26  employment record unless otherwise eligible for a rate

27  computation.

28         (4)  FINANCING BENEFITS PAID TO EMPLOYEES OF NONPROFIT

29  ORGANIZATIONS.--Benefits paid to employees of nonprofit

30  organizations shall be financed in accordance with the

31  provisions of this subsection.  For the purpose of this


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  1  subsection, a "nonprofit" organization is an organization or

  2  group of organizations described in s. 501(c)(3) of the United

  3  States Internal Revenue Code which is exempt from income tax

  4  under s. 501(a) of such code.

  5         (a)  Liability for contributions and election of

  6  reimbursement.--Any nonprofit organization which, pursuant to

  7  s. 443.036(19)(c) s. 443.036(17)(c) or s. 443.121(3)(a) is, or

  8  becomes, subject to this chapter shall pay contributions under

  9  the provisions of subsection (1), unless it elects, in

10  accordance with this paragraph, to pay to the division for the

11  Unemployment Compensation Trust Fund an amount equal to the

12  amount of regular benefits and of one-half of the extended

13  benefits paid, that is attributable to service in the employ

14  of such nonprofit organization, to individuals for weeks of

15  unemployment which begin during the effective period of such

16  election.

17         1.  Any nonprofit organization which becomes subject to

18  this chapter may elect to become liable for payments in lieu

19  of contributions for not less than the period beginning with

20  the date on which such subjectivity begins and ending at the

21  end of the next calendar year by filing a written notice of

22  its election with the division not later than 30 days

23  immediately following the date of the determination of such

24  subjectivity.

25         2.  Any nonprofit organization which makes an election

26  in accordance with subparagraph 1. will continue to be liable

27  for payments in lieu of contributions until it files with the

28  division a written notice terminating its election not later

29  than 30 days prior to the beginning of the calendar year for

30  which such termination shall first be effective.

31


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  1         3.  Any nonprofit organization which has been paying

  2  contributions under this chapter may change to a reimbursable

  3  basis by filing with the division not later than 30 days prior

  4  to the beginning of any calendar year a written notice of

  5  election to become liable for payments in lieu of

  6  contributions.  Such election shall not be terminable by the

  7  organization for that and the next calendar year.

  8         4.  The division, in accordance with such rules as the

  9  division may prescribe, shall notify each nonprofit

10  organization of any determination of its status as an employer

11  and of the effective date of any election which it makes and

12  of any termination of such election.  Such determinations

13  shall be subject to reconsideration, appeal, and review in

14  accordance with the provisions of s. 443.141(2)(b).

15         (5)  FINANCING BENEFITS PAID TO EMPLOYEES OF THE STATE

16  AND POLITICAL SUBDIVISIONS OF THE STATE.--Benefits paid to

17  employees of this state or any instrumentality of this state,

18  or to employees of any political subdivision of this state or

19  any instrumentality thereof, based upon service defined in s.

20  443.036(21)(b) s. 443.036(19)(b), shall be financed in

21  accordance with this subsection.

22         (a)1.  Unless an election is made as provided in

23  paragraph (c), the state or any political subdivision of the

24  state shall pay into the Unemployment Compensation Trust Fund

25  an amount equivalent to the amount of regular benefits,

26  short-time compensation benefits, and extended benefits paid

27  to individuals, based on wages paid by the state or the

28  political subdivision for service defined in s. 443.036(21)(b)

29  s. 443.036(19)(b).

30         2.  Should any state agency become more than 120 days

31  delinquent on reimbursements due to the Unemployment


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  1  Compensation Trust Fund, the division shall certify to the

  2  Comptroller the amount due and the Comptroller shall transfer

  3  the amount due to the Unemployment Compensation Trust Fund

  4  from the funds of such agency that may legally be used for

  5  such purpose.  In the event any political subdivision of the

  6  state or any instrumentality thereof becomes more than 120

  7  days delinquent on reimbursements due to the Unemployment

  8  Compensation Trust Fund, then, upon request by the division

  9  after a hearing, the Department of Revenue or the Department

10  of Banking and Finance, as the case may be, shall deduct the

11  amount owed by the political subdivision or instrumentality

12  from any funds to be distributed by it to the county, city,

13  special district, or consolidated form of government for

14  further distribution to the trust fund in accordance with this

15  chapter. Should any employer for whom the city or county tax

16  collector collects taxes fail to make the reimbursements to

17  the Unemployment Compensation Trust Fund required by this

18  chapter, the tax collector after a hearing, at the request of

19  the division and upon receipt of a certificate showing the

20  amount owed by the employer, shall deduct the amount so

21  certified from any taxes collected for the employer and remit

22  same to the Department of Labor and Employment Security for

23  further distribution to the trust fund in accordance with this

24  chapter. This subparagraph does not apply to those amounts due

25  for benefits paid prior to October 1, 1979.  This subparagraph

26  does not apply to amounts owed by a political subdivision for

27  benefits erroneously paid where the claimant is required to

28  repay to the division under s. 443.151(6)(a) or (b) any sum as

29  benefits received.

30         (b)  The provisions of paragraphs (4)(b), (d), and (e),

31  relating to reimbursement payments, allocation of benefit


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  1  costs, and group accounts with respect to nonprofit

  2  organizations, are applicable also, to the extent allowed by

  3  federal law, with respect to the duties of this state or any

  4  political subdivision of this state as an employer by reason

  5  of s. 443.036(19)(b) s. 443.036(17)(b).

  6         (d)  Upon establishing a financing method as provided

  7  by this subsection, such financing method shall be applicable

  8  for not less than 2 calendar years.  Nothing herein shall be

  9  construed to prevent an employer subject to the provisions of

10  this subsection from electing to change its method of

11  financing or its method of reporting after completing 2

12  calendar years under another financing method, so long as such

13  new election is timely filed. The division may prescribe by

14  rule the procedures for changing methods of reporting.

15         (6)  PUBLIC EMPLOYERS UNEMPLOYMENT COMPENSATION BENEFIT

16  ACCOUNT.--

17         (b)  Governmental entities subject to the Florida

18  Unemployment Compensation Law under s. 443.036(21)(b) s.

19  443.036(19)(b) who exercise the option to elect the

20  contributory system of financing unemployment compensation

21  benefits shall have their accounts maintained and shall be

22  subject to the provisions of subsections (1), (2), and (3),

23  except that:

24         1.  The term "taxable wages" means total gross wages.

25         2.  The initial contribution rate shall be 0.25

26  percent.

27         3.  Any election by an employer to be taxed under this

28  subsection shall be effective January 1 and shall be taxed at

29  the initial rate. Effective January 1 of the following year,

30  the rate shall be computed based on 2 calendar quarters of

31  chargeability and payroll; effective January 1 of the second


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  1  year after such election, the rate shall be computed based on

  2  6 quarters of chargeability and payroll; and effective January

  3  1 of the third year after such election, the rate shall be

  4  computed based on 10 quarters of chargeability and payrolls.

  5  Each January 1 thereafter, the tax rates shall be computed

  6  based on 12 quarters of chargeability and payroll.

  7         4.  An employer electing to be taxed under the

  8  provisions of this subsection shall make such election not

  9  later than 30 days prior to January 1 of the year for which

10  the election is to be effective.  Upon electing this financing

11  method, such method shall be applicable for not less than 2

12  years.

13         5.  Any election under this subsection may be

14  terminated by filing with the division, not later than 30 days

15  prior to January 1, a written notice of termination.

16         Section 8.  Paragraph (b) of subsection (1) of section

17  443.141, Florida Statutes, is amended, paragraph (c) is added

18  to that subsection, and subsection (6) is amended to read:

19         443.141  Collection of contributions.--

20         (1)  PAST DUE CONTRIBUTIONS.--

21         (b)  Penalty for delinquent reports.--

22         1.  Any employing unit which fails to file any reports

23  required by the division in the administration of this

24  chapter, in accordance with rules adopted by the division,

25  shall pay to the division with respect to each such report the

26  sum of $25 for each 30 days or fraction thereof that such

27  employing unit is delinquent, unless the division finds that

28  such employing unit has or had good reason for failure to file

29  such report or reports.

30

31


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  1         2.  Sums collected as penalties under the provisions of

  2  subparagraph 1. shall be deposited by the division in the

  3  Special Employment Security Administration Trust Fund.

  4         3.  A waiver of penalty and interest for delinquent

  5  reports may be authorized where impositions of interest or a

  6  penalty would be inequitable.

  7         (c)  Application of partial payments.--When a

  8  delinquency exists in the account of an employer not in

  9  bankruptcy, and payment in an amount less than the total

10  delinquency is submitted, the division shall apply such

11  partial payment as the payer directs. In the absence of

12  specific direction, the division shall apply the partial

13  payment to the payer's account as prescribed by rule.

14         (6)  REFUNDS.--If, not later than 4 years after the

15  date of payment of any amount as contributions, interest, or

16  penalties, an employing unit that has paid such contributions,

17  interest, or penalties makes application for an adjustment

18  thereof in connection with subsequent contribution payments,

19  or for a refund thereof because such adjustment cannot be

20  made, and the division determines that such contributions,

21  interest, or penalties or any portion thereof was erroneously

22  collected, the division shall allow such employing unit to

23  make an adjustment thereof without interest in connection with

24  subsequent contribution payment by it, or if such adjustment

25  cannot be made, the division shall refund said amount, without

26  interest, from the fund.  For like cause, and within the same

27  period, adjustment or refund may be made on the division's own

28  initiative.  However, nothing in this chapter shall be

29  construed to authorize a refund of contributions which were

30  properly paid in accordance with the provisions of this

31  chapter at the time of such payment, except as required by s.


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  1  443.036(21)(n)5. s. 443.036(19)(n)5.; further, refunds under

  2  this subsection and under s. 443.036(21)(n)5. s.

  3  443.036(19)(n)5. may be paid from either the clearing account

  4  or the benefit account of the Unemployment Compensation Trust

  5  Fund and from the Special Employment Security Administration

  6  Trust Fund with respect to interest or penalties which have

  7  been previously paid into such fund, the provisions of s.

  8  443.191(2) to the contrary notwithstanding.

  9         Section 9.  Subsection (2) of section 443.151, Florida

10  Statutes, is amended to read:

11         443.151  Procedure concerning claims.--

12         (2)  FILING OF CLAIM INVESTIGATIONS; NOTIFICATION OF

13  CLAIMANTS AND EMPLOYERS.--Claims for benefits shall be made in

14  accordance with such rules as the division may adopt

15  prescribe. The division shall notify claimants and employers

16  regarding monetary and nonmonetary determinations of

17  eligibility. Investigations of issues raised in connection

18  with a claimant which may affect a claimant's eligibility for

19  benefits or charges to an employer's account shall be

20  conducted by the division as prescribed by rule.

21         Section 10.  Subsection (5) is added to section

22  450.121, Florida Statutes, to read:

23         450.121  Enforcement of Child Labor Law.--

24         (5)  The division may adopt rules:

25         (a)  Defining words, phrases, or terms used in the

26  child labor rule or in this part, as long as the word, phrase,

27  or term is not a word, phrase, or term defined in s. 450.012.

28         (b)  Prescribing additional documents that may be used

29  to prove the age of a minor and the procedure to be followed

30  before a person who claims his or her disability of nonage has

31


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  1  been removed by a court of competent jurisdiction may be

  2  employed.

  3         (c)  Requiring certain safety equipment and a safe work

  4  place environment for employees who are minors.

  5         (d)  Prescribing the deadlines applicable to a response

  6  to a request for records under subsection (2).

  7         (e)  Providing an official address from which child

  8  labor forms, rules, laws, and posters may be requested and

  9  prescribing the forms to be used in connection with this part.

10         Section 11.  Subsection (8) is added to section 450.30,

11  Florida Statutes, to read:

12         450.30  Requirement of certificate of registration;

13  education and examination program.--

14         (8)  The division may adopt rules prescribing the

15  procedures to be followed to register as a farm labor

16  contractor.

17         Section 12.  Subsection (5) of section 450.33, Florida

18  Statutes, is amended to read:

19         450.33  Duties of farm labor contractor.--Every farm

20  labor contractor must:

21         (5)  Take out a policy of insurance with any insurance

22  carrier which policy insures such registrant against liability

23  for damage to persons or property arising out of the operation

24  or ownership of any vehicle or vehicles for the transportation

25  of individuals in connection with his or her business,

26  activities, or operations as a farm labor contractor.  In no

27  event may the amount of such liability insurance be less than

28  that required by the provisions of the financial

29  responsibility law of this state. Any insurance carrier that

30  is licensed to operate in this state and that has issued a

31  policy of liability insurance to operate a vehicle used to


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  1  transport farm workers shall notify the division when it

  2  intends to cancel such policy.

  3         Section 13.  Subsection (2) of section 450.38, Florida

  4  Statutes, is amended to read:

  5         450.38  Enforcement of farm labor contractor laws.--

  6         (2)  Any person who, on or after June 19, 1985, commits

  7  a violation of this part or of any rule adopted thereunder may

  8  be assessed a civil penalty of not more than $1,000 for each

  9  such violation. Such assessed penalties shall be paid in cash,

10  certified check, or money order and shall be deposited into

11  the General Revenue Fund. The division shall not institute or

12  maintain any administrative proceeding to assess a civil

13  penalty under this subsection when the violation is the

14  subject of a criminal indictment or information under this

15  section which results in a criminal penalty being imposed, or

16  of a criminal, civil, or administrative proceeding by the

17  United States government or an agency thereof which results in

18  a criminal or civil penalty being imposed. The division may

19  adopt rules prescribing the criteria to be used to determine

20  the amount of the civil penalty and to provide notification to

21  persons assessed a civil penalty under this section.

22         Section 14.  This act shall take effect upon becoming a

23  law.

24

25

26

27

28

29

30

31


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