Senate Bill sb1552

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    Florida Senate - 2007                                  SB 1552

    By Senator Hill





    1-1017A-07

  1                      A bill to be entitled

  2         An act relating to unemployment compensation;

  3         amending s. 443.036, F.S.; redefining the term

  4         "base period" for purposes of determining

  5         eligibility for benefits; providing an

  6         alternative base period and for its

  7         applicability and calculation; providing a

  8         source of funds; providing an effective date.

  9  

10  Be It Enacted by the Legislature of the State of Florida:

11  

12         Section 1.  Subsection (7) of section 443.036, Florida

13  Statutes, is amended to read:

14         443.036  Definitions.--As used in this chapter, the

15  term:

16         (7)  "Base period" means the first four of the last

17  five completed calendar quarters immediately preceding the

18  first day of an individual's benefit year.

19         (a)  With respect to a benefit year commencing on or

20  after October 1, 2007, if an individual is not monetarily

21  eligible in his or her base period to qualify for benefits,

22  the division must designate the alternative base period to be

23  his or her base period. As used in this subsection, the term

24  "alternative base period" means the last four completed

25  calendar quarters immediately preceding the first day of an

26  individual's benefit year. Wages used in a base period to

27  establish a monetarily eligible benefit year may not be

28  applied to establish monetary eligibility in any succeeding

29  benefit year. If information regarding wages for the calendar

30  quarter or quarters immediately preceding the benefit year has

31  not been entered into the division's mainframe database from

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    Florida Senate - 2007                                  SB 1552
    1-1017A-07




 1  the regular quarterly reports of wage information or is

 2  otherwise unavailable, the division shall request such

 3  information from the employer. An employer must provide the

 4  requested wage information within 10 days after receiving a

 5  request from the division. An employer that fails to provide

 6  the requested wage information within the required time is

 7  subject to the penalty for delinquent reports in s.

 8  443.141(1)(b).

 9         (b)  For monetary determinations based upon the

10  alternative base period, if the division is unable to access

11  the wage information through its mainframe database, the

12  division may base the determination of eligibility for

13  benefits on an affidavit submitted by the individual with

14  respect to wages for those calendar quarters. The individual

15  must furnish payroll information, if available, in support of

16  the affidavit. A determination of benefits based upon an

17  alternative base period shall be adjusted when the quarterly

18  report of wage information is received from the employer if

19  that information causes a change in the determination.

20         (c)  Benefits based upon the alternative base period

21  shall be paid from Reed Act funds rather than from funds in

22  the Unemployment Compensation Trust Fund.

23         Section 2.  This act shall take effect October 1, 2007.

24  

25            *****************************************

26                          SENATE SUMMARY

27    Provides for an alternative base period for purposes of
      determining eligibility for unemployment compensation
28    benefits when individuals do not meet eligibility
      criteria under the regular base period.
29  

30  

31  

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