HB 0499 2004
   
1 A bill to be entitled
2          An act relating to unemployment compensation; amending s.
3    443.036, F.S.; providing a definition and an application
4    of an alternative base period; providing requirements and
5    limitations; providing an effective date.
6         
7          Be It Enacted by the Legislature of the State of Florida:
8         
9          Section 1. Subsection (7) of section 443.036, Florida
10    Statutes, is amended to read:
11          443.036 Definitions.--As used in this chapter, the term:
12          (7)(a)"Base period" means the first four of the last five
13    completed calendar quarters immediately preceding the first day
14    of an individual's benefit year.
15          (b) With respect to a benefit year commencing after
16    October 1, 2004, if an individual is not monetarily eligible in
17    his or her base period to qualify for benefits, the Agency for
18    Workforce Innovation must designate his or her base period to be
19    the alternative base period. As used in this paragraph, the term
20    "alternative base period" means the last four completed calendar
21    quarters immediately preceding the individual's benefit year.
22    Wages used in a base period to establish a monetarily eligible
23    benefit year may not be applied to establish monetary
24    eligibility in any succeeding benefit year. If information
25    regarding wages for the calendar quarter or quarters immediately
26    preceding the benefit year has not been input into the agency's
27    database, the agency shall request such information from the
28    employer. An employer must respond to the wage request within 10
29    days after receiving a request from the agency. If the employer
30    fails to provide the requested wage information within the
31    required time, the employer is subject to the penalty for
32    delinquent reports provided in s. 443.141(1)(b).
33          (c) For monetary determinations based upon the alternative
34    base period under paragraph (b), if the agency is unable to
35    access the wage information through its database, the agency may
36    base the determination of eligibility for benefits on an
37    affidavit submitted by the individual with respect to wages for
38    those calendar quarters. The individual must furnish payroll
39    information, if available, in support of the affidavit. A
40    determination of benefits based upon an alternative base period
41    shall be adjusted when the quarterly report of wage information
42    from the employer is received, if that information causes a
43    change in the determination.
44          Section 2. This act shall take effect July 1, 2004.