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