Senate Bill sb0470c1

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    Florida Senate - 2003                            CS for SB 470

    By the Committee on Commerce, Economic Opportunities, and
    Consumer Services; and Senators Wasserman Schultz and Diaz de
    la Portilla



    310-1959-03

  1                      A bill to be entitled

  2         An act relating to economic recovery; providing

  3         legislative intent; providing criteria,

  4         requirements, and limitations on certain

  5         training; providing requirements for

  6         expenditure of certain funds; creating s.

  7         443.0915, F.S.; providing a definition and an

  8         application of an alternative base period;

  9         providing requirements and limitations;

10         amending s. 443.111, F.S., relating to the

11         payment of unemployment benefits; providing,

12         for a limited time period, an increase in the

13         weekly benefit amount and the total amount of

14         benefits; providing effective dates.

15  

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

17  

18         Section 1.  The Legislature finds that businesses and

19  individuals in this state are experiencing significant

20  economic hardship and that revenues critical to the delivery

21  of vital public services are jeopardized. Therefore, it is the

22  intent of the Legislature to establish policies designed to

23  stimulate economic activity in this state and promote the

24  economic security of the residents of this state. The need to

25  retain and create jobs in this state in the current economic

26  environment is great.  A significant investment of state funds

27  in reemployment and retraining programs is essential to

28  economic recovery in this state. The state should invest in

29  economic-recovery training programs that deliver a high

30  expectation of continued employment after a reasonably short

31  period of training is completed. Economic-recovery training

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    Florida Senate - 2003                            CS for SB 470
    310-1959-03




 1  funds should be expended on programs that enhance the skills

 2  of residents of this state who are employed by businesses

 3  based in this state.

 4         Section 2.  Economic-recovery training shall be awarded

 5  to providers of training services on a competitive basis and a

 6  performance-based payment schedule to provide training that

 7  does not exceed 12 months for any participant. Training

 8  agreements may not be continued with providers of training

 9  services who demonstrate a pattern of low training-completion

10  rates or low job-placement rates for participants who complete

11  the training. As used in this section, the term

12  "economic-recovery training" means training provided by, or

13  under contract with, the Agency for Workforce Innovation,

14  Workforce Florida, Inc., or a regional workforce board, to

15  prepare for reemployment an individual defined as a dislocated

16  worker under the federal Workforce Investment Act, 29 U.S.C.

17  s. 2801. This section does not apply to a contract that is

18  entered into before the effective date of this section, but

19  applies to the renewal of a contract.

20         Section 3.  Section 443.0915, Florida Statutes, is

21  created to read:

22         443.0915  Alternative base period; eligibility for

23  benefits.--

24         (1)  For a benefit year commencing on or after October

25  1, 2003, if an individual is not monetarily eligible in his or

26  her base period to qualify for benefits, the Agency for

27  Workforce Innovation must designate his or her base period to

28  be the alternative base period. As used in this section, the

29  term "alternative base period" means the last four completed

30  calendar quarters immediately before the first day of an

31  individual's benefit year. Wages used in a base period to

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    Florida Senate - 2003                            CS for SB 470
    310-1959-03




 1  establish a monetarily eligible benefit year may not be

 2  applied to establish monetary eligibility in any subsequent

 3  benefit year. If information regarding wages for the calendar

 4  quarter or quarters immediately before the benefit year has

 5  not been input into the Agency for Workforce Innovation's

 6  database, the agency shall request the wage information from

 7  the employer. An employer must provide the requested wage

 8  information within 10 days after receiving a request from the

 9  Agency for Workforce Innovation. An employer who fails to

10  provide the requested wage information within the required

11  time is subject to the penalty for delinquent reports provided

12  in s. 443.141(1)(b).

13         (2)  For monetary determinations based on the

14  alternative base period under subsection (1), if the Agency

15  for Workforce Innovation is unable to access the wage

16  information through its database, the agency may base the

17  determination of eligibility for benefits on an affidavit

18  submitted by the individual with respect to wages for those

19  calendar quarters. The individual must furnish payroll

20  information, if available, in support of the affidavit. A

21  determination of benefits based upon an alternative base

22  period shall be adjusted when the quarterly report of wage

23  information from the employer is received, if that information

24  causes a change in the determination.

25         Section 4.  Subsection (3) and paragraph (a) of

26  subsection (5) of section 443.111, Florida Statutes, are

27  amended to read:

28         443.111  Payment of benefits.--

29         (3)  WEEKLY BENEFIT AMOUNT.--

30         (a)  An individual's "weekly benefit amount" is shall

31  be an amount equal to one twenty-sixth of the total wages for

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    Florida Senate - 2003                            CS for SB 470
    310-1959-03




 1  insured work paid during that quarter of the base period in

 2  which the such total wages paid were the highest, but not less

 3  than $32 or more than $275. This amount may also be cited as

 4  the "base benefit amount."

 5         (b)  For claims with benefit years beginning October 1,

 6  2003, through June 30, 2005, the weekly benefit amount shall

 7  be increased by $25 or 15 January 1, 2000, through December

 8  31, 2000, an additional 5 percent of the base weekly benefit

 9  amount, whichever is greater, shall be added for each the

10  first 8 compensable week weeks of benefits paid, not to exceed

11  $316 $288.

12         (c)  The Such weekly benefit amount, if not a multiple

13  of $1, is shall be rounded downward to the nearest full dollar

14  amount. The maximum weekly benefit amount in effect at the

15  time the claimant establishes an individual weekly benefit

16  amount is shall be the maximum benefit amount applicable

17  throughout the claimant's benefit year.

18         (5)  DURATION OF BENEFITS.--

19         (a)1.  Each Any otherwise eligible individual is shall

20  be entitled during any benefit year to a total amount of

21  benefits equal to 25 percent of the total wages in his or her

22  the base period, not to exceed $7,150. This amount may be

23  cited as the "base amount of benefits."

24         2.  For claims with benefit years beginning October 1,

25  2003, through June 30, 2005, the total amount of benefits

26  shall be increased by $25 or 15 January 1, 2000, through

27  December 31, 2000, an additional amount equal to 5 percent of

28  the base weekly benefit amount, whichever is greater,

29  multiplied by the individual's number of benefit weeks 8 shall

30  be added to the calculated total amount of benefits, the sum

31  of which may not to exceed $8,216 $7,254. For purposes of this

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    Florida Senate - 2003                            CS for SB 470
    310-1959-03




 1  subparagraph, an individual's number of benefit weeks is

 2  calculated by dividing the individual's base amount of

 3  benefits in subparagraph 1. by the individual's base benefit

 4  amount in paragraph (3)(a). The number of benefit weeks shall

 5  be computed to the third decimal place and rounded to the

 6  second decimal place.

 7         3.  However, the such total amount of benefits, if not

 8  a multiple of $1, is shall be rounded downward to the nearest

 9  full dollar amount. These Such benefits are shall be payable

10  at a weekly rate no greater than the weekly benefit amount.

11         4.2.  For the purposes of this subsection, wages are

12  shall be counted as "wages for insured work" for benefit

13  purposes with respect to any benefit year only if the such

14  benefit year begins after subsequent to the date on which the

15  employing unit by whom the such wages were paid has satisfied

16  the conditions of this chapter for with respect to becoming an

17  employer.

18         Section 5.  Except as otherwise expressly provided in

19  this act, this act shall take effect July 1, 2003.

20  

21          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
22                         Senate Bill 470

23                                 

24  The committee substitute removes provisions from the bill
    which would have waived a requirement that individuals be
25  unemployed for a waiting period of 1 week before receiving
    unemployment benefits and which would have accelerated the
26  initial payment of benefits. The committee substitute extends
    the total amount of unemployment benefits an individual may
27  receive by an amount corresponding to a temporary increase in
    weekly benefits. The committee substitute also clarifies
28  provisions relating to economic-recovery training.

29  

30  

31  

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