HB 291

1	A bill to be entitled
2	An act relating to unemployment compensation; amending
3	s. 443.036, F.S.; redefining the term "base period" for
4	purposes of determining eligibility for benefits;
5	providing an alternative base period; providing
6	applicability and calculation; providing an effective
7	date.
8
9	Be It Enacted by the Legislature of the State of Florida:
10
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
16	day of an individual's benefit year.
17	(a)  With respect to a benefit year commencing on or
18	after October 1, 2008, if an individual is not monetarily
19	eligible in his or her base period to qualify for benefits,
20	the division must designate the alternative base period to be
21	his or her base period. As used in this subsection, the term
22	"alternative base period" means the last four completed
23	calendar quarters immediately preceding the first day of an
24	individual's benefit year. Wages used in a base period to
25	establish a monetarily eligible benefit year may not be
26	applied to establish monetary eligibility in any succeeding
27	benefit year. If information regarding wages for the calendar
28	quarter or quarters immediately preceding the benefit year has
29	not been entered into the division's mainframe database from
30	the regular quarterly reports of wage information or is
31	otherwise unavailable, the division shall request such
32	information from the employer. An employer must provide the
33	requested wage information within 10 days after receiving a
34	request from the division. An employer that fails to provide
35	the requested wage information within the required time is
36	subject to the penalty for delinquent reports in s.
37	443.141(1)(b).
38	(b)  For monetary determinations based upon the
39	alternative base period, if the division is unable to access
40	the wage information through its mainframe database, the
41	division may base the determination of eligibility for
42	benefits on an affidavit submitted by the individual with
43	respect to wages for those calendar quarters. The individual
44	must furnish payroll information, if available, in support of
45	the affidavit. A determination of benefits based upon an
46	alternative base period shall be adjusted when the quarterly
47	report of wage information is received from the employer if
48	that information causes a change in the determination.
49	Section 2.  This act shall take effect October 1, 2008.

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