| 1 | A bill to be entitled |
| 2 | An act relating to unemployment compensation; amending s. |
| 3 | 443.036, F.S.; redefining the term "base period" for |
| 4 | purposes of determining eligibility for benefits; |
| 5 | providing an alternative base period and for the |
| 6 | applicability and calculation of benefits; providing an |
| 7 | effective date. |
| 8 |
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| 9 | Be It Enacted by the Legislature of the State of Florida: |
| 10 |
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| 11 | Section 1. Subsection (7) of section 443.036, Florida |
| 12 | Statutes, is amended to read: |
| 13 | 443.036 Definitions.--As used in this chapter, the term: |
| 14 | (7) "Base period" means the first four of the last five |
| 15 | completed calendar quarters immediately preceding the first day |
| 16 | of an individual's benefit year. |
| 17 | (a) With respect to a benefit year commencing on or after |
| 18 | October 1, 2007, if an individual is not monetarily eligible in |
| 19 | his or her base period to qualify for benefits, the division |
| 20 | must designate the alternative base period to be his or her base |
| 21 | period. As used in this subsection, the term "alternative base |
| 22 | period" means the last four completed calendar quarters |
| 23 | immediately preceding the first day of an individual's benefit |
| 24 | year. Wages used in a base period to establish a monetarily |
| 25 | eligible benefit year may not be applied to establish monetary |
| 26 | eligibility in any succeeding benefit year. If information |
| 27 | regarding wages for the calendar quarter or quarters immediately |
| 28 | preceding the benefit year has not been entered into the |
| 29 | division's mainframe database from the regular quarterly reports |
| 30 | of wage information or is otherwise unavailable, the division |
| 31 | shall request such information from the employer. An employer |
| 32 | must provide the requested wage information within 10 days after |
| 33 | receiving a request from the division. An employer that fails to |
| 34 | provide the requested wage information within the required time |
| 35 | is subject to the penalty for delinquent reports in s. |
| 36 | 443.141(1)(b). |
| 37 | (b) For monetary determinations based upon the alternative |
| 38 | base period, if the division is unable to access the wage |
| 39 | information through its mainframe database, the division may |
| 40 | base the determination of eligibility for benefits on an |
| 41 | affidavit submitted by the individual with respect to wages for |
| 42 | those calendar quarters. The individual must furnish payroll |
| 43 | information, if available, in support of the affidavit. A |
| 44 | determination of benefits based upon an alternative base period |
| 45 | shall be adjusted when the quarterly report of wage information |
| 46 | is received from the employer if that information causes a |
| 47 | change in the determination. |
| 48 | Section 2. This act shall take effect October 1, 2007. |