HB 1275

1
A bill to be entitled
2An act relating to unemployment compensation; amending s.
3443.036, F.S.; redefining the term "base period" for
4purposes of determining eligibility for benefits;
5providing an alternative base period and for the
6applicability and calculation of benefits; providing an
7effective date.
8
9Be It Enacted by the Legislature of the State of Florida:
10
11     Section 1.  Subsection (7) of section 443.036, Florida
12Statutes, 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
15completed calendar quarters immediately preceding the first day
16of an individual's benefit year.
17     (a)  With respect to a benefit year commencing on or after
18October 1, 2007, if an individual is not monetarily eligible in
19his or her base period to qualify for benefits, the division
20must designate the alternative base period to be his or her base
21period. As used in this subsection, the term "alternative base
22period" means the last four completed calendar quarters
23immediately preceding the first day of an individual's benefit
24year. Wages used in a base period to establish a monetarily
25eligible benefit year may not be applied to establish monetary
26eligibility in any succeeding benefit year. If information
27regarding wages for the calendar quarter or quarters immediately
28preceding the benefit year has not been entered into the
29division's mainframe database from the regular quarterly reports
30of wage information or is otherwise unavailable, the division
31shall request such information from the employer. An employer
32must provide the requested wage information within 10 days after
33receiving a request from the division. An employer that fails to
34provide the requested wage information within the required time
35is subject to the penalty for delinquent reports in s.
36443.141(1)(b).
37     (b)  For monetary determinations based upon the alternative
38base period, if the division is unable to access the wage
39information through its mainframe database, the division may
40base the determination of eligibility for benefits on an
41affidavit submitted by the individual with respect to wages for
42those calendar quarters. The individual must furnish payroll
43information, if available, in support of the affidavit. A
44determination of benefits based upon an alternative base period
45shall be adjusted when the quarterly report of wage information
46is received from the employer if that information causes a
47change in the determination.
48     Section 2.  This act shall take effect October 1, 2007.


CODING: Words stricken are deletions; words underlined are additions.