Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 516
       
       
       
       
       
       
                                Barcode 245684                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  04/14/2009           .                                
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       The Committee on Commerce (Justice) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 443.036, Florida Statutes, is amended to
    6  read:
    7         443.036 Definitions.—As used in this chapter, the term:
    8         (1) “Able to work” means physically and mentally capable of
    9  performing the duties of the occupation in which work is being
   10  sought.
   11         (2) “Agricultural labor” means any remunerated service
   12  performed:
   13         (a) On a farm, in the employ of any person, in connection
   14  with cultivating the soil or in connection with raising or
   15  harvesting any agricultural or horticultural commodity,
   16  including the raising, shearing, feeding, caring for, training,
   17  and management of livestock, bees, poultry, and fur-bearing
   18  animals and wildlife.
   19         (b) In the employ of the owner or tenant or other operator
   20  of a farm in connection with the operation, management,
   21  conservation, improvement, or maintenance of such farm and its
   22  tools and equipment, or in salvaging timber or clearing land of
   23  brush and other debris left by a hurricane if the major part of
   24  the service is performed on a farm.
   25         (c) In connection with the production or harvesting of any
   26  commodity defined as an agricultural commodity in s. 15(g) of
   27  the Agricultural Marketing Act, as amended (46 Stat. 1550, s. 3;
   28  12 U.S.C. s. 1141j); the ginning of cotton; or the operation or
   29  maintenance of ditches, canals, reservoirs, or waterways, not
   30  owned or operated for profit, used exclusively for supplying and
   31  storing water for farming purposes.
   32         (d)1. In the employ of the operator of a farm in handling,
   33  planting, drying, packing, packaging, processing, freezing,
   34  grading, storing, or delivering to storage or to market or to a
   35  carrier for transportation to market, in its unmanufactured
   36  state, any agricultural or horticultural commodity, but only if
   37  the operator produced more than one-half of the commodity for
   38  which the service is performed.
   39         2. In the employ of a group of operators of farms, or a
   40  cooperative organization of which the operators are members, in
   41  the performance of service described in subparagraph 1., but
   42  only if the operators produced more than one-half of the
   43  commodity for which the service is performed.
   44         3. Subparagraphs 1. and 2. do not apply to service
   45  performed in connection with commercial canning or commercial
   46  freezing or in connection with any agricultural or horticultural
   47  commodity after its delivery to a terminal market for
   48  distribution for consumption or in connection with grading,
   49  packing, packaging, or processing fresh citrus fruits.
   50         (e) On a farm operated for profit if the service is not in
   51  the course of the employer’s trade or business.
   52         (3)“Alternative Base Period” means the last four completed
   53  calendar quarters immediately preceding the first day of an
   54  individual’s benefit year.
   55         (43) “American aircraft” means an aircraft registered under
   56  the laws of the United States.
   57         (54) “American employer” means:
   58         (a) An individual who is a resident of the United States.
   59         (b) A partnership, if two-thirds or more of the partners
   60  are residents of the United States.
   61         (c) A trust, if each of the trustees is a resident of the
   62  United States.
   63         (d) A corporation organized under the laws of the United
   64  States or of any state.
   65         (65) “American vessel” means any vessel documented or
   66  numbered under the laws of the United States. The term includes
   67  any vessel that is neither documented or numbered under the laws
   68  of the United States, nor documented under the laws of any
   69  foreign country, if its crew is employed solely by one or more
   70  citizens or residents of the United States or corporations
   71  organized under the laws of the United States or of any state.
   72         (76) “Available for work” means actively seeking and being
   73  ready and willing to accept suitable employment.
   74         (87) “Base period” means the first four of the last five
   75  completed calendar quarters immediately preceding the first day
   76  of an individual’s benefit year. In any case in which the Agency
   77  for Workforce Innovation determines, pursuant to s.
   78  443.091(1)(f), that an alternative base period will be used, the
   79  term “base period” will mean alternative base period.
   80         (98) “Benefits” means the money payable to an individual,
   81  as provided in this chapter, for his or her unemployment.
   82         (109) “Benefit year” means, for an individual, the 1-year
   83  period beginning with the first day of the first week for which
   84  the individual first files a valid claim for benefits and,
   85  thereafter, the 1-year period beginning with the first day of
   86  the first week for which the individual next files a valid claim
   87  for benefits after the termination of his or her last preceding
   88  benefit year. Each claim for benefits made in accordance with s.
   89  443.151(2) is a “valid claim” under this subsection if the
   90  individual was paid wages for insured work in accordance with
   91  the provisions of s. 443.091(1)(f) and is unemployed as defined
   92  in subsection (4643) at the time of filing the claim. However,
   93  the Agency for Workforce Innovation may adopt rules providing
   94  for the establishment of a uniform benefit year for all workers
   95  in one or more groups or classes of service or within a
   96  particular industry when the agency determines, after notice to
   97  the industry and to the workers in the industry and an
   98  opportunity to be heard in the matter, that those groups or
   99  classes of workers in a particular industry periodically
  100  experience unemployment resulting from layoffs or shutdowns for
  101  limited periods of time.
  102         (1110) “Calendar quarter” means each period of 3
  103  consecutive calendar months ending on March 31, June 30,
  104  September 30, and December 31 of each year.
  105         (1211) “Casual labor” means labor that is occasional,
  106  incidental, or irregular, not exceeding 200 person-hours in
  107  total duration. As used in this subsection, the term “duration”
  108  means the period of time from the commencement to the completion
  109  of the particular job or project. Services performed by an
  110  employee for his or her employer during a period of 1 calendar
  111  month or any 2 consecutive calendar months, however, are deemed
  112  to be casual labor only if the service is performed on 10 or
  113  fewer calendar days, regardless of whether those days are
  114  consecutive. If any of the services performed by an individual
  115  on a particular labor project are not casual labor, each of the
  116  services performed by the individual on that job or project may
  117  not be deemed casual labor. Services must constitute casual
  118  labor and may not be performed in the course of the employer’s
  119  trade or business for those services to be exempt under this
  120  section.
  121         (1312) “Commission” means the Unemployment Appeals
  122  Commission.
  123         (1413) “Contributing employer” means an employer who is
  124  liable for contributions under this chapter.
  125         (1514) “Contribution” means a payment of payroll tax to the
  126  Unemployment Compensation Trust Fund which is required under
  127  this chapter to finance unemployment benefits.
  128         (1615) “Crew leader” means an individual who:
  129         (a) Furnishes individuals to perform service in
  130  agricultural labor for another person.
  131         (b) Pays, either on his or her own behalf or on behalf of
  132  the other person, the individuals furnished by him or her for
  133  the service in agricultural labor performed by those
  134  individuals.
  135         (c) Has not entered into a written agreement with the other
  136  person under which the individual is designated as an employee
  137  of the other person.
  138         (1716) “Earned income” means gross remuneration derived
  139  from work, professional service, or self-employment. The term
  140  includes commissions, bonuses, back pay awards, and the cash
  141  value of all remuneration paid in a medium other than cash. The
  142  term does not include income derived from invested capital or
  143  ownership of property.
  144         (1817) “Educational institution” means an institution,
  145  except for an institution of higher education:
  146         (a) In which participants, trainees, or students are
  147  offered an organized course of study or training designed to
  148  transfer to them knowledge, skills, information, doctrines,
  149  attitudes, or abilities from, by, or under the guidance of, an
  150  instructor or teacher;
  151         (b) That is approved, licensed, or issued a permit to
  152  operate as a school by the Department of Education or other
  153  governmental agency that is authorized within the state to
  154  approve, license, or issue a permit for the operation of a
  155  school; and
  156         (c) That offers courses of study or training which are
  157  academic, technical, trade, or preparation for gainful
  158  employment in a recognized occupation.
  159         (1918) “Employee leasing company” means an employing unit
  160  that has a valid and active license under chapter 468 and that
  161  maintains the records required by s. 443.171(5) and, in
  162  addition, maintains a listing of the clients of the employee
  163  leasing company and of the employees, including their social
  164  security numbers, who have been assigned to work at each client
  165  company job site. Further, each client company job site must be
  166  identified by industry, products or services, and address. The
  167  client list must be provided to the tax collection service
  168  provider by June 30 and by December 31 of each year. As used in
  169  this subsection, the term “client” means a party who has
  170  contracted with an employee leasing company to provide a worker,
  171  or workers, to perform services for the client. Leased employees
  172  include employees subsequently placed on the payroll of the
  173  employee leasing company on behalf of the client. An employee
  174  leasing company must notify the tax collection service provider
  175  within 30 days after the initiation or termination of the
  176  company’s relationship with any client company under chapter
  177  468.
  178         (2019) “Employer” means an employing unit subject to this
  179  chapter under s. 443.1215.
  180         (2120) “Employing unit” means an individual or type of
  181  organization, including a partnership, limited liability
  182  company, association, trust, estate, joint-stock company,
  183  insurance company, or corporation, whether domestic or foreign;
  184  the receiver, trustee in bankruptcy, trustee, or successor of
  185  any of the foregoing; or the legal representative of a deceased
  186  person, which has or had in its employ one or more individuals
  187  performing services for it within this state.
  188         (a) Each individual employed to perform or to assist in
  189  performing the work of any agent or employee of an employing
  190  unit is deemed to be employed by the employing unit for the
  191  purposes of this chapter, regardless of whether the individual
  192  was hired or paid directly by the employing unit or by an agent
  193  or employee of the employing unit, if the employing unit had
  194  actual or constructive knowledge of the work.
  195         (b) Each individual performing services in this state for
  196  an employing unit maintaining at least two separate
  197  establishments in this state is deemed to be performing services
  198  for a single employing unit for the purposes of this chapter.
  199         (c) A person who is an officer of a corporation, or a
  200  member of a limited liability company classified as a
  201  corporation for federal income tax purposes, and who performs
  202  services for the corporation or limited liability company in
  203  this state, regardless of whether those services are continuous,
  204  is deemed an employee of the corporation or the limited
  205  liability company during all of each week of his or her tenure
  206  of office, regardless of whether he or she is compensated for
  207  those services. Services are presumed to be rendered for the
  208  corporation in cases in which the officer is compensated by
  209  means other than dividends upon shares of stock of the
  210  corporation owned by him or her.
  211         (d) A limited liability company shall be treated as having
  212  the same status as it is classified for federal income tax
  213  purposes.
  214         (2221) “Employment” means a service subject to this chapter
  215  under s. 443.1216 which is performed by an employee for the
  216  person employing him or her.
  217         (2322) “Farm” includes stock, dairy, poultry, fruit, fur
  218  bearing animal, and truck farms, plantations, ranches,
  219  nurseries, ranges, greenhouses or other similar structures used
  220  primarily for the raising of agricultural or horticultural
  221  commodities, and orchards.
  222         (2423) “Fund” means the Unemployment Compensation Trust
  223  Fund created under this chapter, into which all contributions
  224  and reimbursements required under this chapter are deposited and
  225  from which all benefits provided under this chapter are paid.
  226         (25)“Good cause” for voluntarily quitting employment as
  227  used in s. 443.101(1)(a) means:
  228         (a)Cause attributable to the employing unit or which
  229  consists of illness or disability of the individual requiring
  230  separation from her or his work;
  231         (b)Domestic violence, as defined in s. 741.28 and
  232  substantiated by evidence that reasonably proves that domestic
  233  violence has occurred, such as an injunction, protective order,
  234  or other such reasonable and confidential documentation
  235  authorized by state law, including statements from qualified
  236  professionals, such as counselors, shelter workers, clergy,
  237  attorneys, or health workers, which causes the individual to
  238  reasonably believe that continued employment will jeopardize the
  239  individual’s safety, the safety of a member of her or his
  240  immediate family, or the safety of other employees;
  241         (c)Illness or disability of a member of the individual’s
  242  immediate family; or
  243         (d)The need of the individual to accompany her or his
  244  spouse, if the spouse’s relocation resulted from a change in the
  245  spouse’s employment and if the relocation makes it impractical
  246  for the individual to commute to her or his workplace.
  247         (2624) “High quarter” means the quarter in an individual’s
  248  base period in which the individual has the greatest amount of
  249  wages paid, regardless of the number of employers paying wages
  250  in that quarter.
  251         (2725) “Hospital” means an institution that is licensed,
  252  certified, or approved by the Agency for Health Care
  253  Administration as a hospital.
  254         (2826) “Institution of higher education” means an
  255  educational institution that:
  256         (a) Admits as regular students only individuals having a
  257  certificate of graduation from a high school, or the recognized
  258  equivalent of a certificate of graduation;
  259         (b) Is legally authorized in this state to provide a
  260  program of education beyond high school;
  261         (c) Provides an educational program for which it awards a
  262  bachelor’s or higher degree, or provides a program that is
  263  acceptable for full credit toward a bachelor’s or higher degree;
  264  a program of postgraduate or postdoctoral studies; or a program
  265  of training to prepare students for gainful employment in a
  266  recognized occupation; and
  267         (d) Is a public or other nonprofit institution.
  268  
  269  The term includes each community college and state university in
  270  this state, and each other institution in this state authorized
  271  under s. 1005.03 to use the designation “college” or
  272  “university.”
  273         (2927) “Insured work” means employment for employers.
  274         (3028) “Leave of absence” means a temporary break in
  275  service to an employer, for a specified period of time, during
  276  which the employing unit guarantees the same or a comparable
  277  position to the worker at the expiration of the leave.
  278         (31)“Member of the individual’s immediate family”, for
  279  purposes of 443.101, means an individual’s spouse, parent, or
  280  minor child under the age of 18.
  281         (3229) “Misconduct” includes, but is not limited to, the
  282  following, which may not be construed in pari materia with each
  283  other:
  284         (a) Conduct demonstrating willful or wanton disregard of an
  285  employer’s interests and found to be a deliberate violation or
  286  disregard of the standards of behavior which the employer has a
  287  right to expect of his or her employee; or
  288         (b) Carelessness or negligence to a degree or recurrence
  289  that manifests culpability, wrongful intent, or evil design or
  290  shows an intentional and substantial disregard of the employer’s
  291  interests or of the employee’s duties and obligations to his or
  292  her employer.
  293         (3330) “Monetary determination” means a determination of
  294  whether and in what amount a claimant is eligible for benefits
  295  based on the claimant’s employment during the base period of the
  296  claim.
  297         (3431) “Nonmonetary determination” means a determination of
  298  the claimant’s eligibility for benefits based on an issue other
  299  than monetary entitlement and benefit overpayment.
  300         (3532) “Not in the course of the employer’s trade or
  301  business” means not promoting or advancing the trade or business
  302  of the employer.
  303         (3633) “One-stop career center” means a service site
  304  established and maintained as part of the one-stop delivery
  305  system under s. 445.009.
  306         (3734) “Pay period” means a period of 31 or fewer
  307  consecutive days for which a payment or remuneration is
  308  ordinarily made to the employee by the person employing him or
  309  her.
  310         (3835) “Public employer” means:
  311         (a) A state agency or political subdivision of the state;
  312         (b) An instrumentality that is wholly owned by one or more
  313  state agencies or political subdivisions of the state; or
  314         (c) An instrumentality that is wholly owned by one or more
  315  state agencies, political subdivisions, or instrumentalities of
  316  the state and one or more state agencies or political
  317  subdivisions of one or more other states.
  318         (3936) “Reasonable assurance” means a written or verbal
  319  agreement, an agreement between an employer and a worker
  320  understood through tradition within the trade or occupation, or
  321  an agreement defined in an employer’s policy.
  322         (4037) “Reimbursement” means a payment of money to the
  323  Unemployment Compensation Trust Fund in lieu of a contribution
  324  which is required under this chapter to finance unemployment
  325  benefits.
  326         (4138) “Reimbursing employer” means an employer who is
  327  liable for reimbursements in lieu of contributions under this
  328  chapter.
  329         (4239) “State” includes the states of the United States,
  330  the District of Columbia, Canada, the Commonwealth of Puerto
  331  Rico, and the Virgin Islands.
  332         (4340) “State law” means the unemployment insurance law of
  333  any state, approved by the United States Secretary of Labor
  334  under s. 3304 of the Internal Revenue Code of 1954.
  335         (4441) “Tax collection service provider” or “service
  336  provider” means the state agency providing unemployment tax
  337  collection services under contract with the Agency for Workforce
  338  Innovation through an interagency agreement pursuant to s.
  339  443.1316.
  340         (4542) “Temporary layoff” means a job separation due to
  341  lack of work which does not exceed 8 consecutive weeks and which
  342  has a fixed or approximate return-to-work date.
  343         (4643) “Unemployment” means:
  344         (a) An individual is “totally unemployed” in any week
  345  during which he or she does not perform any services and for
  346  which earned income is not payable to him or her. An individual
  347  is “partially unemployed” in any week of less than full-time
  348  work if the earned income payable to him or her for that week is
  349  less than his or her weekly benefit amount. The Agency for
  350  Workforce Innovation may adopt rules prescribing distinctions in
  351  the procedures for unemployed individuals based on total
  352  unemployment, part-time unemployment, partial unemployment of
  353  individuals attached to their regular jobs, and other forms of
  354  short-time work.
  355         (b) An individual’s week of unemployment commences only
  356  after his or her registration with the Agency for Workforce
  357  Innovation as required in s. 443.091, except as the agency may
  358  otherwise prescribe by rule.
  359         (4744) “Wages” means remuneration subject to this chapter
  360  under s. 443.1217.
  361         (4845) “Week” means a period of 7 consecutive days as
  362  defined in the rules of the Agency for Workforce Innovation. The
  363  Agency for Workforce Innovation may by rule prescribe that a
  364  week is deemed to be “in,” “within,” or “during” the benefit
  365  year that contains the greater part of the week.
  366         Section 2.  Paragraphs (c) and (f) of subsection (1) of
  367  section 443.091, Florida Statutes, are amended to read:
  368         443.091 Benefit eligibility conditions.—
  369         (1) An unemployed individual is eligible to receive
  370  benefits for any week only if the Agency for Workforce
  371  Innovation finds that:
  372         (c)1. She or he is able to work and is available for work.
  373  In order to assess eligibility for a claimed week of
  374  unemployment, the Agency for Workforce Innovation shall develop
  375  criteria to determine a claimant’s ability to work and
  376  availability for work. However, an individual may not be found
  377  ineligible for benefits when he or she is able and available for
  378  work for a number of weekly hours of work that are comparable to
  379  the number of hours the individual worked during the majority of
  380  the base period of his or her claim.
  381         2. Notwithstanding any other provision of this paragraph or
  382  paragraphs (b) and (d), an otherwise eligible individual may not
  383  be denied benefits for any week because she or he is in training
  384  with the approval of the Agency for Workforce Innovation, and
  385  such an individual may not be denied benefits for any week in
  386  which she or he is in training with the approval of the Agency
  387  for Workforce Innovation by reason of subparagraph 1. relating
  388  to availability for work, or s. 443.101(2) relating to failure
  389  to apply for, or refusal to accept, suitable work. Training may
  390  be approved by the Agency for Workforce Innovation in accordance
  391  with criteria prescribed by rule. A claimant’s eligibility
  392  during approved training is contingent upon satisfying
  393  eligibility conditions prescribed by rule.
  394         3. Notwithstanding any other provision of this chapter, an
  395  individual who is in training approved under s. 236(a)(1) of the
  396  Trade Act of 1974, as amended, may not be determined to be
  397  ineligible or disqualified for benefits with respect to her or
  398  his enrollment in such training or because of leaving work that
  399  is not suitable employment to enter such training. As used in
  400  this subparagraph, the term “suitable employment” means, for a
  401  worker, work of a substantially equal or higher skill level than
  402  the worker’s past adversely affected employment, as defined for
  403  purposes of the Trade Act of 1974, as amended, the wages for
  404  which are at least 80 percent of the worker’s average weekly
  405  wage as determined for purposes of the Trade Act of 1974, as
  406  amended.
  407         4. Notwithstanding any other provision of this section, an
  408  otherwise eligible individual may not be denied benefits for any
  409  week by reason of subparagraph 1. because she or he is before
  410  any court of the United States or any state under a lawfully
  411  issued summons to appear for jury duty.
  412         (f) She or he has been paid wages for insured work equal to
  413  1.5 times her or his high quarter wages during her or his base
  414  period, except that an unemployed individual is not eligible to
  415  receive benefits if the base period wages are less than $3,400.
  416  Wages may be computed for an alternative base period only in
  417  cases in which base period wages are inadequate to establish
  418  eligibility under this section and only for benefit years which
  419  commence on or after January 1, 2010. Wages in a base period
  420  used to establish a monetarily eligible benefit year may not be
  421  used to establish monetary eligibility in a subsequent benefit
  422  year.
  423         Section 3. Paragraph (a) of subsection (1) and paragraph
  424  (a) of subsection (2) of section 443.101, Florida Statutes, are
  425  amended to read:
  426         443.101 Disqualification for benefits.—An individual shall
  427  be disqualified for benefits:
  428         (1)(a) For the week in which he or she has voluntarily left
  429  his or her work without good cause attributable to his or her
  430  employing unit or in which the individual has been discharged by
  431  his or her employing unit for misconduct connected with his or
  432  her work, based on a finding by the Agency for Workforce
  433  Innovation. As used in this paragraph, the term “work” means any
  434  work, whether full-time, part-time, or temporary.
  435         1. Disqualification for voluntarily quitting continues for
  436  the full period of unemployment next ensuing after he or she has
  437  left his or her full-time, part-time, or temporary work
  438  voluntarily without good cause and until the individual has
  439  earned income equal to or in excess of 17 times his or her
  440  weekly benefit amount. As used in this subsection, the term
  441  “good cause” means good cause as defined in s.
  442  443.036(25)includes only that cause attributable to the
  443  employing unit or which consists of illness or disability of the
  444  individual requiring separation from his or her work. Any other
  445  disqualification may not be imposed. An individual is not
  446  disqualified under this subsection for voluntarily leaving
  447  temporary work to return immediately when called to work by the
  448  permanent employing unit that temporarily terminated his or her
  449  work within the previous 6 calendar months. For benefit years
  450  beginning on or after July 1, 2004, an individual is not
  451  disqualified under this subsection for voluntarily leaving work
  452  to relocate as a result of his or her military-connected
  453  spouse’s permanent change of station orders, activation orders,
  454  or unit deployment orders.
  455         2. Disqualification for being discharged for misconduct
  456  connected with his or her work continues for the full period of
  457  unemployment next ensuing after having been discharged and until
  458  the individual has become reemployed and has earned income of at
  459  least 17 times his or her weekly benefit amount and for not more
  460  than 52 weeks that immediately follow that week, as determined
  461  by the Agency for Workforce Innovation in each case according to
  462  the circumstances in each case or the seriousness of the
  463  misconduct, under the agency’s rules adopted for determinations
  464  of disqualification for benefits for misconduct.
  465         (2) If the Agency for Workforce Innovation finds that the
  466  individual has failed without good cause to apply for available
  467  suitable work when directed by the agency or the one-stop career
  468  center, to accept suitable work when offered to him or her, or
  469  to return to the individual’s customary self-employment when
  470  directed by the agency, the disqualification continues for the
  471  full period of unemployment next ensuing after he or she failed
  472  without good cause to apply for available suitable work, to
  473  accept suitable work, or to return to his or her customary self
  474  employment, under this subsection, and until the individual has
  475  earned income at least 17 times his or her weekly benefit
  476  amount. The Agency for Workforce Innovation shall by rule adopt
  477  criteria for determining the “suitability of work,” as used in
  478  this section. The Agency for Workforce Innovation in developing
  479  these rules shall consider the duration of a claimant’s
  480  unemployment in determining the suitability of work and the
  481  suitability of proposed rates of compensation for available
  482  work. Further, after an individual has received 25 weeks of
  483  benefits in a single year, suitable work is a job that pays the
  484  minimum wage and is 120 percent or more of the weekly benefit
  485  amount the individual is drawing.
  486         (a) In determining whether or not any work is suitable for
  487  an individual, the Agency for Workforce Innovation shall
  488  consider the degree of risk involved to his or her health,
  489  safety, and morals; the individual’s his or her physical
  490  fitness, and prior training,; the individual’s experience, and
  491  prior earnings,; his or her length of unemployment, and
  492  prospects for securing local work in his or her customary
  493  occupation,; and the distance of the available work from his or
  494  her residence. An unemployed individual may not be disqualified
  495  for benefits solely because he or she is available for only
  496  part-time work if he or she is able and available for work for a
  497  number of weekly hours of work that are comparable to the number
  498  of house the individual worked during the majority of the base
  499  period of his or her claim.
  500         Section 4. Subsection (3) of section 443.151, Florida
  501  Statutes, is amended to read:
  502         443.151 Procedure concerning claims.—
  503         (3) DETERMINATION.—
  504         (a) In general.—The Agency for Workforce Innovation shall
  505  promptly make an initial determination for each claim filed
  506  under subsection (2). The determination must include a statement
  507  of whether and in what amount the claimant is entitled to
  508  benefits, and, in the event of a denial, must state the reasons
  509  for the denial. A determination for the first week of a benefit
  510  year must also include a statement of whether the claimant was
  511  paid the wages required under s. 443.091(1)(f) and, if so, the
  512  first day of the benefit year, the claimant’s weekly benefit
  513  amount, and the maximum total amount of benefits payable to the
  514  claimant for a benefit year. The Agency for Workforce Innovation
  515  shall promptly notify the claimant, the claimant’s most recent
  516  employing unit, and all employers whose employment records are
  517  liable for benefits under the determination of the initial
  518  determination. The determination is final unless within 20 days
  519  after the mailing of the notices to the parties’ last known
  520  addresses, or in lieu of mailing, within 20 days after the
  521  delivery of the notices, an appeal or written request for
  522  reconsideration is filed by the claimant or other party entitled
  523  to notice.
  524         (b)Determinations involving an alternative base period.
  525  If, in the case of a claim for benefits involving an alternative
  526  base period under s. 443.091(1)(f), the Agency for Workforce
  527  Innovation is unable to access wage information through the
  528  database of its tax collection service provider, the agency will
  529  request the information from the employer by mail. The employer
  530  must provide the requested information within 10 days after the
  531  Agency for Workforce Innovation mails the request. If wage
  532  information is unavailable, the Agency for Workforce Innovation
  533  may base the determination on an affidavit submitted by the
  534  individual attesting to her or his wages for those calendar
  535  quarters. The individual must furnish payroll information, if
  536  available, in support of the affidavit. Benefits based on an
  537  alternative base period must be adjusted if the quarterly report
  538  of wage information received from the employer under s. 443.141
  539  results in a change in the monetary determination.
  540         (cb) Determinations in labor dispute cases.—Whenever any
  541  claim involves a labor dispute described in s. 443.101(4), the
  542  Agency for Workforce Innovation shall promptly assign the claim
  543  to a special examiner who shall make a determination on the
  544  issues involving unemployment due to the labor dispute. The
  545  special examiner shall make the determination after an
  546  investigation, as necessary. The claimant or another party
  547  entitled to notice of the determination may appeal a
  548  determination under subsection (4).
  549         (dc) Redeterminations.—
  550         1. The Agency for Workforce Innovation may reconsider a
  551  determination when it finds an error or when new evidence or
  552  information pertinent to the determination is discovered after a
  553  prior determination or redetermination. A redetermination may
  554  not be made more than 1 year after the last day of the benefit
  555  year unless the disqualification for making a false or
  556  fraudulent representation in s. 443.101(6) is applicable, in
  557  which case the redetermination may be made within 2 years after
  558  the false or fraudulent representation. The Agency for Workforce
  559  Innovation must promptly give notice of redetermination to the
  560  claimant and to any employers entitled to notice in the manner
  561  prescribed in this section for the notice of an initial
  562  determination. If the amount of benefits is increased by the
  563  redetermination, an appeal of the redetermination based solely
  564  on the increase may be filed as provided in subsection (4). If
  565  the amount of benefits is decreased by the redetermination, the
  566  redetermination may be appealed by the claimant when a
  567  subsequent claim for benefits is affected in amount or duration
  568  by the redetermination. If the final decision on the
  569  determination or redetermination to be reconsidered was made by
  570  an appeals referee, the commission, or a court, the Agency for
  571  Workforce Innovation may apply for a revised decision from the
  572  body or court that made the final decision.
  573         2. If an appeal of an original determination is pending
  574  when a redetermination is issued, the appeal unless withdrawn is
  575  treated as an appeal from the redetermination.
  576         (ed) Notice of determination or redetermination.—Notice of
  577  any monetary or nonmonetary determination or redetermination
  578  under this chapter, together with the reasons for the
  579  determination or redetermination, must be promptly given to the
  580  claimant and to any employer entitled to notice in the manner
  581  provided in this subsection. The Agency for Workforce Innovation
  582  shall adopt rules prescribing the manner and procedure by which
  583  employers within the base period of a claimant become entitled
  584  to notice.
  585         Section 5. Paragraph (a) of subsection (1) and paragraph
  586  (f) of subsection (13) of section 443.1216, Florida Statutes, is
  587  amended to read:
  588         443.1216 Employment.—Employment, as defined in s. 443.036,
  589  is subject to this chapter under the following conditions:
  590         (1)(a) The employment subject to this chapter includes a
  591  service performed, including a service performed in interstate
  592  commerce, by:
  593         1. An officer of a corporation.
  594         2. An individual who, under the usual common-law rules
  595  applicable in determining the employer-employee relationship, is
  596  an employee. However, whenever a client, as defined in s.
  597  443.036(1918), which would otherwise be designated as an
  598  employing unit has contracted with an employee leasing company
  599  to supply it with workers, those workers are considered
  600  employees of the employee leasing company. An employee leasing
  601  company may lease corporate officers of the client to the client
  602  and other workers to the client, except as prohibited by
  603  regulations of the Internal Revenue Service. Employees of an
  604  employee leasing company must be reported under the employee
  605  leasing company’s tax identification number and contribution
  606  rate for work performed for the employee leasing company.
  607         3. An individual other than an individual who is an
  608  employee under subparagraph 1. or subparagraph 2., who performs
  609  services for remuneration for any person:
  610         a. As an agent-driver or commission-driver engaged in
  611  distributing meat products, vegetable products, fruit products,
  612  bakery products, beverages other than milk, or laundry or
  613  drycleaning services for his or her principal.
  614         b. As a traveling or city salesperson engaged on a full
  615  time basis in the solicitation on behalf of, and the
  616  transmission to, his or her principal of orders from
  617  wholesalers, retailers, contractors, or operators of hotels,
  618  restaurants, or other similar establishments for merchandise for
  619  resale or supplies for use in their business operations. This
  620  sub-subparagraph does not apply to an agent-driver or a
  621  commission-driver and does not apply to sideline sales
  622  activities performed on behalf of a person other than the
  623  salesperson’s principal.
  624         4. The services described in subparagraph 3. are employment
  625  subject to this chapter only if:
  626         a. The contract of service contemplates that substantially
  627  all of the services are to be performed personally by the
  628  individual;
  629         b. The individual does not have a substantial investment in
  630  facilities used in connection with the services, other than
  631  facilities used for transportation; and
  632         c. The services are not in the nature of a single
  633  transaction that is not part of a continuing relationship with
  634  the person for whom the services are performed.
  635         (13) The following are exempt from coverage under this
  636  chapter:
  637         (f) Service performed in the employ of a public employer as
  638  defined in s. 443.036, except as provided in subsection (2), and
  639  service performed in the employ of an instrumentality of a
  640  public employer as described in s. 443.036(3835)(b) or (c), to
  641  the extent that the instrumentality is immune under the United
  642  States Constitution from the tax imposed by s. 3301 of the
  643  Internal Revenue Code for that service.
  644         Section 6. Paragraph (f) of subsection (3) of section
  645  443.131, Florida Statutes, is amended to read:
  646         443.131 Contributions.—
  647         (3) VARIATION OF CONTRIBUTION RATES BASED ON BENEFIT
  648  EXPERIENCE.—
  649         (f) Transfer of employment records.—
  650         1. For the purposes of this subsection, two or more
  651  employers who are parties to a transfer of business or the
  652  subject of a merger, consolidation, or other form of
  653  reorganization, effecting a change in legal identity or form,
  654  are deemed a single employer and are considered to be one
  655  employer with a continuous employment record if the tax
  656  collection service provider finds that the successor employer
  657  continues to carry on the employing enterprises of all of the
  658  predecessor employers and that the successor employer has paid
  659  all contributions required of and due from all of the
  660  predecessor employers and has assumed liability for all
  661  contributions that may become due from all of the predecessor
  662  employers. In addition, an employer may not be considered a
  663  successor under this subparagraph if the employer purchases a
  664  company with a lower rate into which employees with job
  665  functions unrelated to the business endeavors of the predecessor
  666  are transferred for the purpose of acquiring the low rate and
  667  avoiding payment of contributions. As used in this paragraph,
  668  notwithstanding s. 443.036(1514), the term “contributions” means
  669  all indebtedness to the tax collection service provider,
  670  including, but not limited to, interest, penalty, collection
  671  fee, and service fee. A successor employer must accept the
  672  transfer of all of the predecessor employers’ employment records
  673  within 30 days after the date of the official notification of
  674  liability by succession. If a predecessor employer has unpaid
  675  contributions or outstanding quarterly reports, the successor
  676  employer must pay the total amount with certified funds within
  677  30 days after the date of the notice listing the total amount
  678  due. After the total indebtedness is paid, the tax collection
  679  service provider shall transfer the employment records of all of
  680  the predecessor employers to the successor employer’s employment
  681  record. The tax collection service provider shall determine the
  682  contribution rate of the combined successor and predecessor
  683  employers upon the transfer of the employment records, as
  684  prescribed by rule, in order to calculate any change in the
  685  contribution rate resulting from the transfer of the employment
  686  records.
  687         2. Regardless of whether a predecessor employer’s
  688  employment record is transferred to a successor employer under
  689  this paragraph, the tax collection service provider shall treat
  690  the predecessor employer, if he or she subsequently employs
  691  individuals, as an employer without a previous employment record
  692  or, if his or her coverage is terminated under s. 443.121, as a
  693  new employing unit.
  694         3. The state agency providing unemployment tax collection
  695  services may adopt rules governing the partial transfer of
  696  experience rating when an employer transfers an identifiable and
  697  segregable portion of his or her payrolls and business to a
  698  successor employing unit. As a condition of each partial
  699  transfer, these rules must require the following to be filed
  700  with the tax collection service provider: an application by the
  701  successor employing unit, an agreement by the predecessor
  702  employer, and the evidence required by the tax collection
  703  service provider to show the benefit experience and payrolls
  704  attributable to the transferred portion through the date of the
  705  transfer. These rules must provide that the successor employing
  706  unit, if not an employer subject to this chapter, becomes an
  707  employer as of the date of the transfer and that the transferred
  708  portion of the predecessor employer’s employment record is
  709  removed from the employment record of the predecessor employer.
  710  For each calendar year after the date of the transfer of the
  711  employment record in the records of the tax collection service
  712  provider, the service provider shall compute the contribution
  713  rate payable by the successor employer or employing unit based
  714  on his or her employment record, combined with the transferred
  715  portion of the predecessor employer’s employment record. These
  716  rules may also prescribe what contribution rates are payable by
  717  the predecessor and successor employers for the period between
  718  the date of the transfer of the transferred portion of the
  719  predecessor employer’s employment record in the records of the
  720  tax collection service provider and the first day of the next
  721  calendar year.
  722         4. This paragraph does not apply to an employee leasing
  723  company and client contractual agreement as defined in s.
  724  443.036. The tax collection service provider shall, if the
  725  contractual agreement is terminated or the employee leasing
  726  company fails to submit reports or pay contributions as required
  727  by the service provider, treat the client as a new employer
  728  without previous employment record unless the client is
  729  otherwise eligible for a variation from the standard rate.
  730         Section 7. This act shall take effect October 1, 2009.
  731  
  732  ================= T I T L E  A M E N D M E N T ================
  733         And the title is amended as follows:
  734         Delete everything before the enacting clause
  735  and insert:
  736  An act relating to unemployment compensation; amending s.
  737  443.036, F.S.; defining the terms “alternative base period”,
  738  “good cause”, and “member of the individual’s immediate family”;
  739  redefining the term “base period”; amending s. 443.091, F.S.;
  740  revising the requirements for eligibility to receive benefits;
  741  prohibiting unemployed individuals from being ineligible for
  742  unemployment benefits based solely on the individual’s
  743  availability to work certain hours; providing for an alternative
  744  base period after a certain date; amending s. 443.101, F.S.;
  745  prohibiting an individual from being disqualified from benefits
  746  if he or she leaves work due to “good cause”; prohibiting
  747  unemployed individuals from being disqualified for unemployment
  748  benefits based solely on the individual’s availability for only
  749  part-time work under certain circumstances; amending s. 443.151,
  750  F.S.; requiring an employer to provide wage information to
  751  support an individual’s eligibility for benefits; authorizing
  752  the Agency for Workforce Innovation to accept an affidavit from
  753  the claimant to support eligibility for benefits; amending ss.
  754  443.1216 and 443.131; conforming provisions to changes made by
  755  the act; providing an effective date.
  756