Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1652
Barcode 764142
CHAMBER ACTION
Senate House
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11 The Committee on Commerce and Consumer Services (King)
12 recommended the following amendment:
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14 Senate Amendment
15 On page 26, line 24, through page 27, line 31, delete
16 those lines
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18 and insert:
19 Section 8. Paragraph (b) of subsection (4), and
20 paragraph (b) of subsection (6), of section 443.151, Florida
21 Statutes, are amended to read:
22 443.151 Procedure concerning claims.--
23 (4) APPEALS.--
24 (b) Filing and hearing.--
25 1. The claimant or any other party entitled to notice
26 of a determination may appeal an adverse determination to an
27 appeals referee within 20 days after the date of mailing of
28 the notice to her or his last known address or, if the notice
29 is not mailed, within 20 days after the date of delivery of
30 the notice.
31 2. Unless the appeal is untimely, withdrawn or review
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1652
Barcode 764142
1 is initiated by the commission, the appeals referee, after
2 mailing all parties and attorneys of record a notice of
3 hearing at least 10 days before the date of hearing,
4 notwithstanding the 14-day notice requirement in s.
5 120.569(2)(b), may only affirm, modify, or reverse the
6 determination. An appeal may not be withdrawn without the
7 permission of the appeals referee.
8 3. However, when an appeal appears to have been filed
9 after the permissible time limit, the Office of Appeals may
10 issue an order to show cause to the appellant, requiring the
11 appellant to show why the appeal should not be dismissed as
12 untimely. If the appellant does not, within 15 days after the
13 mailing date of the order to show cause, provide written
14 evidence of timely filing or good cause for failure to appeal
15 timely, the appeal shall be dismissed.
16 4.3. When an appeal involves a question of whether
17 services were performed by a claimant in employment or for an
18 employer, the referee must give special notice of the question
19 and of the pendency of the appeal to the employing unit and to
20 the Agency for Workforce Innovation, both of which become
21 parties to the proceeding.
22 5.4. The parties must be notified promptly of the
23 referee's decision. The referee's decision is final unless
24 further review is initiated under paragraph (c) within 20 days
25 after the date of mailing notice of the decision to the
26 party's last known address or, in lieu of mailing, within 20
27 days after the delivery of the notice.
28 (6) RECOVERY AND RECOUPMENT.--
29 (b) Any person who, by reason other than her or his
30 fraud, receives benefits under this chapter to which, under a
31 redetermination or decision pursuant to this section, she or
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7:46 PM 03/14/05 s1652.cm08.00j
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1652
Barcode 764142
1 he is found not entitled, is liable to repay those benefits to
2 the Agency for Workforce Innovation on behalf of the trust
3 fund or, in the agency's discretion, to have those benefits
4 deducted from any future benefits payable to her or him under
5 this chapter. Any recovery or recoupment of benefits must be
6 effected within 3 2 years after the redetermination or
7 decision.
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