Florida Senate - 2009                              CS for SB 516
       
       
       
       By the Committee on Commerce; and Senator Hill
       
       
       
       
       577-04992A-09                                          2009516c1
    1                        A bill to be entitled                      
    2         An act relating to unemployment compensation; amending
    3         s. 443.036, F.S.; defining the terms “alternative base
    4         period,” “good cause,” and “member of the individual’s
    5         immediate family”; redefining the term “base period”;
    6         amending s. 443.091, F.S.; revising the requirements
    7         for eligibility to receive benefits; prohibiting
    8         unemployed individuals from being ineligible for
    9         unemployment benefits based solely on the individual’s
   10         availability to work certain hours; providing for an
   11         alternative base period after a certain date; amending
   12         s. 443.101, F.S.; prohibiting an individual from being
   13         disqualified from benefits if he or she leaves work
   14         due to good cause; prohibiting unemployed individuals
   15         from being disqualified for unemployment benefits
   16         based solely on the individual’s availability for only
   17         part-time work under certain circumstances; amending
   18         s. 443.151, F.S.; requiring an employer to provide
   19         wage information to support an individual’s
   20         eligibility for benefits; authorizing the Agency for
   21         Workforce Innovation to accept an affidavit from the
   22         claimant to support eligibility for benefits; amending
   23         ss. 443.1216 and 443.131, F.S.; conforming cross
   24         references to changes made by the act; providing an
   25         effective date.
   26  
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Section 443.036, Florida Statutes, is amended to
   30  read:
   31         443.036 Definitions.—As used in this chapter, the term:
   32         (1) “Able to work” means physically and mentally capable of
   33  performing the duties of the occupation in which work is being
   34  sought.
   35         (2) “Agricultural labor” means any remunerated service
   36  performed:
   37         (a) On a farm, in the employ of any person, in connection
   38  with cultivating the soil or in connection with raising or
   39  harvesting any agricultural or horticultural commodity,
   40  including the raising, shearing, feeding, caring for, training,
   41  and management of livestock, bees, poultry, and fur-bearing
   42  animals and wildlife.
   43         (b) In the employ of the owner or tenant or other operator
   44  of a farm in connection with the operation, management,
   45  conservation, improvement, or maintenance of such farm and its
   46  tools and equipment, or in salvaging timber or clearing land of
   47  brush and other debris left by a hurricane if the major part of
   48  the service is performed on a farm.
   49         (c) In connection with the production or harvesting of any
   50  commodity defined as an agricultural commodity in s. 15(g) of
   51  the Agricultural Marketing Act, as amended (46 Stat. 1550, s. 3;
   52  12 U.S.C. s. 1141j); the ginning of cotton; or the operation or
   53  maintenance of ditches, canals, reservoirs, or waterways, not
   54  owned or operated for profit, used exclusively for supplying and
   55  storing water for farming purposes.
   56         (d)1. In the employ of the operator of a farm in handling,
   57  planting, drying, packing, packaging, processing, freezing,
   58  grading, storing, or delivering to storage or to market or to a
   59  carrier for transportation to market, in its unmanufactured
   60  state, any agricultural or horticultural commodity, but only if
   61  the operator produced more than one-half of the commodity for
   62  which the service is performed.
   63         2. In the employ of a group of operators of farms, or a
   64  cooperative organization of which the operators are members, in
   65  the performance of service described in subparagraph 1., but
   66  only if the operators produced more than one-half of the
   67  commodity for which the service is performed.
   68         3. Subparagraphs 1. and 2. do not apply to service
   69  performed in connection with commercial canning or commercial
   70  freezing or in connection with any agricultural or horticultural
   71  commodity after its delivery to a terminal market for
   72  distribution for consumption or in connection with grading,
   73  packing, packaging, or processing fresh citrus fruits.
   74         (e) On a farm operated for profit if the service is not in
   75  the course of the employer’s trade or business.
   76         (3)“Alternative base period” means the last four completed
   77  calendar quarters immediately preceding the first day of an
   78  individual’s benefit year.
   79         (4)(3) “American aircraft” means an aircraft registered
   80  under the laws of the United States.
   81         (5)(4) “American employer” means:
   82         (a) An individual who is a resident of the United States.
   83         (b) A partnership, if two-thirds or more of the partners
   84  are residents of the United States.
   85         (c) A trust, if each of the trustees is a resident of the
   86  United States.
   87         (d) A corporation organized under the laws of the United
   88  States or of any state.
   89         (6)(5) “American vessel” means any vessel documented or
   90  numbered under the laws of the United States. The term includes
   91  any vessel that is neither documented or numbered under the laws
   92  of the United States, nor documented under the laws of any
   93  foreign country, if its crew is employed solely by one or more
   94  citizens or residents of the United States or corporations
   95  organized under the laws of the United States or of any state.
   96         (7)(6) “Available for work” means actively seeking and
   97  being ready and willing to accept suitable employment.
   98         (8)(7) “Base period” means the first four of the last five
   99  completed calendar quarters immediately preceding the first day
  100  of an individual’s benefit year. In any case in which the Agency
  101  for Workforce Innovation determines, pursuant to s.
  102  443.091(1)(f), that an alternative base period will be used, the
  103  term “base period” means alternative base period.
  104         (9)(8) “Benefits” means the money payable to an individual,
  105  as provided in this chapter, for his or her unemployment.
  106         (10)(9) “Benefit year” means, for an individual, the 1-year
  107  period beginning with the first day of the first week for which
  108  the individual first files a valid claim for benefits and,
  109  thereafter, the 1-year period beginning with the first day of
  110  the first week for which the individual next files a valid claim
  111  for benefits after the termination of his or her last preceding
  112  benefit year. Each claim for benefits made in accordance with s.
  113  443.151(2) is a “valid claim” under this subsection if the
  114  individual was paid wages for insured work in accordance with
  115  the provisions of s. 443.091(1)(f) and is unemployed as defined
  116  in subsection (46) (43) at the time of filing the claim.
  117  However, the Agency for Workforce Innovation may adopt rules
  118  providing for the establishment of a uniform benefit year for
  119  all workers in one or more groups or classes of service or
  120  within a particular industry when the agency determines, after
  121  notice to the industry and to the workers in the industry and an
  122  opportunity to be heard in the matter, that those groups or
  123  classes of workers in a particular industry periodically
  124  experience unemployment resulting from layoffs or shutdowns for
  125  limited periods of time.
  126         (11)(10) “Calendar quarter” means each period of 3
  127  consecutive calendar months ending on March 31, June 30,
  128  September 30, and December 31 of each year.
  129         (12)(11) “Casual labor” means labor that is occasional,
  130  incidental, or irregular, not exceeding 200 person-hours in
  131  total duration. As used in this subsection, the term “duration”
  132  means the period of time from the commencement to the completion
  133  of the particular job or project. Services performed by an
  134  employee for his or her employer during a period of 1 calendar
  135  month or any 2 consecutive calendar months, however, are deemed
  136  to be casual labor only if the service is performed on 10 or
  137  fewer calendar days, regardless of whether those days are
  138  consecutive. If any of the services performed by an individual
  139  on a particular labor project are not casual labor, each of the
  140  services performed by the individual on that job or project may
  141  not be deemed casual labor. Services must constitute casual
  142  labor and may not be performed in the course of the employer’s
  143  trade or business for those services to be exempt under this
  144  section.
  145         (13)(12) “Commission” means the Unemployment Appeals
  146  Commission.
  147         (14)(13) “Contributing employer” means an employer who is
  148  liable for contributions under this chapter.
  149         (15)(14) “Contribution” means a payment of payroll tax to
  150  the Unemployment Compensation Trust Fund which is required under
  151  this chapter to finance unemployment benefits.
  152         (16)(15) “Crew leader” means an individual who:
  153         (a) Furnishes individuals to perform service in
  154  agricultural labor for another person.
  155         (b) Pays, either on his or her own behalf or on behalf of
  156  the other person, the individuals furnished by him or her for
  157  the service in agricultural labor performed by those
  158  individuals.
  159         (c) Has not entered into a written agreement with the other
  160  person under which the individual is designated as an employee
  161  of the other person.
  162         (17)(16) “Earned income” means gross remuneration derived
  163  from work, professional service, or self-employment. The term
  164  includes commissions, bonuses, back pay awards, and the cash
  165  value of all remuneration paid in a medium other than cash. The
  166  term does not include income derived from invested capital or
  167  ownership of property.
  168         (18)(17) “Educational institution” means an institution,
  169  except for an institution of higher education:
  170         (a) In which participants, trainees, or students are
  171  offered an organized course of study or training designed to
  172  transfer to them knowledge, skills, information, doctrines,
  173  attitudes, or abilities from, by, or under the guidance of, an
  174  instructor or teacher;
  175         (b) That is approved, licensed, or issued a permit to
  176  operate as a school by the Department of Education or other
  177  governmental agency that is authorized within the state to
  178  approve, license, or issue a permit for the operation of a
  179  school; and
  180         (c) That offers courses of study or training which are
  181  academic, technical, trade, or preparation for gainful
  182  employment in a recognized occupation.
  183         (19)(18) “Employee leasing company” means an employing unit
  184  that has a valid and active license under chapter 468 and that
  185  maintains the records required by s. 443.171(5) and, in
  186  addition, maintains a listing of the clients of the employee
  187  leasing company and of the employees, including their social
  188  security numbers, who have been assigned to work at each client
  189  company job site. Further, each client company job site must be
  190  identified by industry, products or services, and address. The
  191  client list must be provided to the tax collection service
  192  provider by June 30 and by December 31 of each year. As used in
  193  this subsection, the term “client” means a party who has
  194  contracted with an employee leasing company to provide a worker,
  195  or workers, to perform services for the client. Leased employees
  196  include employees subsequently placed on the payroll of the
  197  employee leasing company on behalf of the client. An employee
  198  leasing company must notify the tax collection service provider
  199  within 30 days after the initiation or termination of the
  200  company’s relationship with any client company under chapter
  201  468.
  202         (20)(19) “Employer” means an employing unit subject to this
  203  chapter under s. 443.1215.
  204         (21)(20) “Employing unit” means an individual or type of
  205  organization, including a partnership, limited liability
  206  company, association, trust, estate, joint-stock company,
  207  insurance company, or corporation, whether domestic or foreign;
  208  the receiver, trustee in bankruptcy, trustee, or successor of
  209  any of the foregoing; or the legal representative of a deceased
  210  person, which has or had in its employ one or more individuals
  211  performing services for it within this state.
  212         (a) Each individual employed to perform or to assist in
  213  performing the work of any agent or employee of an employing
  214  unit is deemed to be employed by the employing unit for the
  215  purposes of this chapter, regardless of whether the individual
  216  was hired or paid directly by the employing unit or by an agent
  217  or employee of the employing unit, if the employing unit had
  218  actual or constructive knowledge of the work.
  219         (b) Each individual performing services in this state for
  220  an employing unit maintaining at least two separate
  221  establishments in this state is deemed to be performing services
  222  for a single employing unit for the purposes of this chapter.
  223         (c) A person who is an officer of a corporation, or a
  224  member of a limited liability company classified as a
  225  corporation for federal income tax purposes, and who performs
  226  services for the corporation or limited liability company in
  227  this state, regardless of whether those services are continuous,
  228  is deemed an employee of the corporation or the limited
  229  liability company during all of each week of his or her tenure
  230  of office, regardless of whether he or she is compensated for
  231  those services. Services are presumed to be rendered for the
  232  corporation in cases in which the officer is compensated by
  233  means other than dividends upon shares of stock of the
  234  corporation owned by him or her.
  235         (d) A limited liability company shall be treated as having
  236  the same status as it is classified for federal income tax
  237  purposes.
  238         (22)(21) “Employment” means a service subject to this
  239  chapter under s. 443.1216 which is performed by an employee for
  240  the person employing him or her.
  241         (23)(22) “Farm” includes stock, dairy, poultry, fruit, fur
  242  bearing animal, and truck farms, plantations, ranches,
  243  nurseries, ranges, greenhouses or other similar structures used
  244  primarily for the raising of agricultural or horticultural
  245  commodities, and orchards.
  246         (24)(23) “Fund” means the Unemployment Compensation Trust
  247  Fund created under this chapter, into which all contributions
  248  and reimbursements required under this chapter are deposited and
  249  from which all benefits provided under this chapter are paid.
  250         (25)“Good cause” for voluntarily quitting employment as
  251  used in s. 443.101(1)(a) means:
  252         (a)Cause attributable to the employing unit or which
  253  consists of illness or disability of the individual requiring
  254  separation from her or his work;
  255         (b)Domestic violence, as defined in s. 741.28, and
  256  substantiated by evidence that reasonably proves that domestic
  257  violence has occurred, such as an injunction, protective order,
  258  or other such reasonable and confidential documentation
  259  authorized by state law, including statements from qualified
  260  professionals, such as counselors, shelter workers, clergy,
  261  attorneys, or health workers, which causes the individual to
  262  reasonably believe that continued employment will jeopardize the
  263  individual’s safety, the safety of a member of her or his
  264  immediate family, or the safety of other employees;
  265         (c)Illness or disability of a member of the individual’s
  266  immediate family; or
  267         (d)The need of the individual to accompany her or his
  268  spouse, if the spouse’s relocation resulted from a change in the
  269  spouse’s employment and if the relocation makes it impractical
  270  for the individual to commute to her or his workplace.
  271         (26)(24) “High quarter” means the quarter in an
  272  individual’s base period in which the individual has the
  273  greatest amount of wages paid, regardless of the number of
  274  employers paying wages in that quarter.
  275         (27)(25) “Hospital” means an institution that is licensed,
  276  certified, or approved by the Agency for Health Care
  277  Administration as a hospital.
  278         (28)(26) “Institution of higher education” means an
  279  educational institution that:
  280         (a) Admits as regular students only individuals having a
  281  certificate of graduation from a high school, or the recognized
  282  equivalent of a certificate of graduation;
  283         (b) Is legally authorized in this state to provide a
  284  program of education beyond high school;
  285         (c) Provides an educational program for which it awards a
  286  bachelor’s or higher degree, or provides a program that is
  287  acceptable for full credit toward a bachelor’s or higher degree;
  288  a program of postgraduate or postdoctoral studies; or a program
  289  of training to prepare students for gainful employment in a
  290  recognized occupation; and
  291         (d) Is a public or other nonprofit institution.
  292  
  293  The term includes each community college and state university in
  294  this state, and each other institution in this state authorized
  295  under s. 1005.03 to use the designation “college” or
  296  “university.”
  297         (29)(27) “Insured work” means employment for employers.
  298         (30)(28) “Leave of absence” means a temporary break in
  299  service to an employer, for a specified period of time, during
  300  which the employing unit guarantees the same or a comparable
  301  position to the worker at the expiration of the leave.
  302         (31)“Member of the individual’s immediate family,” for
  303  purposes of s. 443.101, means an individual’s spouse, parent, or
  304  minor child younger than 18 years of age.
  305         (32)(29) “Misconduct” includes, but is not limited to, the
  306  following, which may not be construed in pari materia with each
  307  other:
  308         (a) Conduct demonstrating willful or wanton disregard of an
  309  employer’s interests and found to be a deliberate violation or
  310  disregard of the standards of behavior which the employer has a
  311  right to expect of his or her employee; or
  312         (b) Carelessness or negligence to a degree or recurrence
  313  that manifests culpability, wrongful intent, or evil design or
  314  shows an intentional and substantial disregard of the employer’s
  315  interests or of the employee’s duties and obligations to his or
  316  her employer.
  317         (33)(30) “Monetary determination” means a determination of
  318  whether and in what amount a claimant is eligible for benefits
  319  based on the claimant’s employment during the base period of the
  320  claim.
  321         (34)(31) “Nonmonetary determination” means a determination
  322  of the claimant’s eligibility for benefits based on an issue
  323  other than monetary entitlement and benefit overpayment.
  324         (35)(32) “Not in the course of the employer’s trade or
  325  business” means not promoting or advancing the trade or business
  326  of the employer.
  327         (36)(33) “One-stop career center” means a service site
  328  established and maintained as part of the one-stop delivery
  329  system under s. 445.009.
  330         (37)(34) “Pay period” means a period of 31 or fewer
  331  consecutive days for which a payment or remuneration is
  332  ordinarily made to the employee by the person employing him or
  333  her.
  334         (38)(35) “Public employer” means:
  335         (a) A state agency or political subdivision of the state;
  336         (b) An instrumentality that is wholly owned by one or more
  337  state agencies or political subdivisions of the state; or
  338         (c) An instrumentality that is wholly owned by one or more
  339  state agencies, political subdivisions, or instrumentalities of
  340  the state and one or more state agencies or political
  341  subdivisions of one or more other states.
  342         (39)(36) “Reasonable assurance” means a written or verbal
  343  agreement, an agreement between an employer and a worker
  344  understood through tradition within the trade or occupation, or
  345  an agreement defined in an employer’s policy.
  346         (40)(37) “Reimbursement” means a payment of money to the
  347  Unemployment Compensation Trust Fund in lieu of a contribution
  348  which is required under this chapter to finance unemployment
  349  benefits.
  350         (41)(38) “Reimbursing employer” means an employer who is
  351  liable for reimbursements in lieu of contributions under this
  352  chapter.
  353         (42)(39) “State” includes the states of the United States,
  354  the District of Columbia, Canada, the Commonwealth of Puerto
  355  Rico, and the Virgin Islands.
  356         (43)(40) “State law” means the unemployment insurance law
  357  of any state, approved by the United States Secretary of Labor
  358  under s. 3304 of the Internal Revenue Code of 1954.
  359         (44)(41) “Tax collection service provider” or “service
  360  provider” means the state agency providing unemployment tax
  361  collection services under contract with the Agency for Workforce
  362  Innovation through an interagency agreement pursuant to s.
  363  443.1316.
  364         (45)(42) “Temporary layoff” means a job separation due to
  365  lack of work which does not exceed 8 consecutive weeks and which
  366  has a fixed or approximate return-to-work date.
  367         (46)(43) “Unemployment” means:
  368         (a) An individual is “totally unemployed” in any week
  369  during which he or she does not perform any services and for
  370  which earned income is not payable to him or her. An individual
  371  is “partially unemployed” in any week of less than full-time
  372  work if the earned income payable to him or her for that week is
  373  less than his or her weekly benefit amount. The Agency for
  374  Workforce Innovation may adopt rules prescribing distinctions in
  375  the procedures for unemployed individuals based on total
  376  unemployment, part-time unemployment, partial unemployment of
  377  individuals attached to their regular jobs, and other forms of
  378  short-time work.
  379         (b) An individual’s week of unemployment commences only
  380  after his or her registration with the Agency for Workforce
  381  Innovation as required in s. 443.091, except as the agency may
  382  otherwise prescribe by rule.
  383         (47)(44) “Wages” means remuneration subject to this chapter
  384  under s. 443.1217.
  385         (48)(45) “Week” means a period of 7 consecutive days as
  386  defined in the rules of the Agency for Workforce Innovation. The
  387  Agency for Workforce Innovation may by rule prescribe that a
  388  week is deemed to be “in,” “within,” or “during” the benefit
  389  year that contains the greater part of the week.
  390         Section 2. Paragraphs (c) and (f) of subsection (1) of
  391  section 443.091, Florida Statutes, are amended to read:
  392         443.091 Benefit eligibility conditions.—
  393         (1) An unemployed individual is eligible to receive
  394  benefits for any week only if the Agency for Workforce
  395  Innovation finds that:
  396         (c)1. She or he is able to work and is available for work.
  397  In order to assess eligibility for a claimed week of
  398  unemployment, the Agency for Workforce Innovation shall develop
  399  criteria to determine a claimant’s ability to work and
  400  availability for work. However, an individual may not be found
  401  ineligible for benefits when he or she is able and available for
  402  work for a number of weekly hours of work which are comparable
  403  to the number of hours the individual worked during the majority
  404  of the base period of his or her claim.
  405         2. Notwithstanding any other provision of this paragraph or
  406  paragraphs (b) and (d), an otherwise eligible individual may not
  407  be denied benefits for any week because she or he is in training
  408  with the approval of the Agency for Workforce Innovation, and
  409  such an individual may not be denied benefits for any week in
  410  which she or he is in training with the approval of the Agency
  411  for Workforce Innovation by reason of subparagraph 1. relating
  412  to availability for work, or s. 443.101(2) relating to failure
  413  to apply for, or refusal to accept, suitable work. Training may
  414  be approved by the Agency for Workforce Innovation in accordance
  415  with criteria prescribed by rule. A claimant’s eligibility
  416  during approved training is contingent upon satisfying
  417  eligibility conditions prescribed by rule.
  418         3. Notwithstanding any other provision of this chapter, an
  419  individual who is in training approved under s. 236(a)(1) of the
  420  Trade Act of 1974, as amended, may not be determined to be
  421  ineligible or disqualified for benefits with respect to her or
  422  his enrollment in such training or because of leaving work that
  423  is not suitable employment to enter such training. As used in
  424  this subparagraph, the term “suitable employment” means, for a
  425  worker, work of a substantially equal or higher skill level than
  426  the worker’s past adversely affected employment, as defined for
  427  purposes of the Trade Act of 1974, as amended, the wages for
  428  which are at least 80 percent of the worker’s average weekly
  429  wage as determined for purposes of the Trade Act of 1974, as
  430  amended.
  431         4. Notwithstanding any other provision of this section, an
  432  otherwise eligible individual may not be denied benefits for any
  433  week by reason of subparagraph 1. because she or he is before
  434  any court of the United States or any state under a lawfully
  435  issued summons to appear for jury duty.
  436         (f) She or he has been paid wages for insured work equal to
  437  1.5 times her or his high quarter wages during her or his base
  438  period, except that an unemployed individual is not eligible to
  439  receive benefits if the base period wages are less than $3,400.
  440  Wages must be computed for an alternative base period only in
  441  cases in which base period wages are inadequate to establish
  442  eligibility under this section and only for benefit years that
  443  commence on or after January 1, 2010. Wages in a base period
  444  used to establish a monetarily eligible benefit year may not be
  445  used to establish monetary eligibility in a subsequent benefit
  446  year.
  447         Section 3. Paragraph (a) of subsection (1) and paragraph
  448  (a) of subsection (2) of section 443.101, Florida Statutes, are
  449  amended to read:
  450         443.101 Disqualification for benefits.—An individual shall
  451  be disqualified for benefits:
  452         (1)(a) For the week in which he or she has voluntarily left
  453  his or her work without good cause attributable to his or her
  454  employing unit or in which the individual has been discharged by
  455  his or her employing unit for misconduct connected with his or
  456  her work, based on a finding by the Agency for Workforce
  457  Innovation. As used in this paragraph, the term “work” means any
  458  work, whether full-time, part-time, or temporary.
  459         1. Disqualification for voluntarily quitting continues for
  460  the full period of unemployment next ensuing after he or she has
  461  left his or her full-time, part-time, or temporary work
  462  voluntarily without good cause and until the individual has
  463  earned income equal to or in excess of 17 times his or her
  464  weekly benefit amount. As used in this subsection, the term
  465  “good cause” means good cause as defined in s. 443.036(25)
  466  includes only that cause attributable to the employing unit or
  467  which consists of illness or disability of the individual
  468  requiring separation from his or her work. Any other
  469  disqualification may not be imposed. An individual is not
  470  disqualified under this subsection for voluntarily leaving
  471  temporary work to return immediately when called to work by the
  472  permanent employing unit that temporarily terminated his or her
  473  work within the previous 6 calendar months. For benefit years
  474  beginning on or after July 1, 2004, an individual is not
  475  disqualified under this subsection for voluntarily leaving work
  476  to relocate as a result of his or her military-connected
  477  spouse’s permanent change of station orders, activation orders,
  478  or unit deployment orders.
  479         2. Disqualification for being discharged for misconduct
  480  connected with his or her work continues for the full period of
  481  unemployment next ensuing after having been discharged and until
  482  the individual has become reemployed and has earned income of at
  483  least 17 times his or her weekly benefit amount and for not more
  484  than 52 weeks that immediately follow that week, as determined
  485  by the Agency for Workforce Innovation in each case according to
  486  the circumstances in each case or the seriousness of the
  487  misconduct, under the agency’s rules adopted for determinations
  488  of disqualification for benefits for misconduct.
  489         (2) If the Agency for Workforce Innovation finds that the
  490  individual has failed without good cause to apply for available
  491  suitable work when directed by the agency or the one-stop career
  492  center, to accept suitable work when offered to him or her, or
  493  to return to the individual’s customary self-employment when
  494  directed by the agency, the disqualification continues for the
  495  full period of unemployment next ensuing after he or she failed
  496  without good cause to apply for available suitable work, to
  497  accept suitable work, or to return to his or her customary self
  498  employment, under this subsection, and until the individual has
  499  earned income at least 17 times his or her weekly benefit
  500  amount. The Agency for Workforce Innovation shall by rule adopt
  501  criteria for determining the “suitability of work,” as used in
  502  this section. The Agency for Workforce Innovation in developing
  503  these rules shall consider the duration of a claimant’s
  504  unemployment in determining the suitability of work and the
  505  suitability of proposed rates of compensation for available
  506  work. Further, after an individual has received 25 weeks of
  507  benefits in a single year, suitable work is a job that pays the
  508  minimum wage and is 120 percent or more of the weekly benefit
  509  amount the individual is drawing.
  510         (a) In determining whether or not any work is suitable for
  511  an individual, the Agency for Workforce Innovation shall
  512  consider the degree of risk involved to his or her health,
  513  safety, and morals; the individual’s his or her physical
  514  fitness, and prior training,; the individual’s experience, and
  515  prior earnings,; his or her length of unemployment, and
  516  prospects for securing local work in his or her customary
  517  occupation,; and the distance of the available work from his or
  518  her residence. An unemployed individual may not be disqualified
  519  for benefits solely because he or she is available for only
  520  part-time work if he or she is able and available for work for a
  521  number of weekly hours of work which are comparable to the
  522  number of hours the individual worked during the majority of the
  523  base period of his or her claim.
  524         Section 4. Subsection (3) of section 443.151, Florida
  525  Statutes, is amended to read:
  526         443.151 Procedure concerning claims.—
  527         (3) DETERMINATION.—
  528         (a) In general.—The Agency for Workforce Innovation shall
  529  promptly make an initial determination for each claim filed
  530  under subsection (2). The determination must include a statement
  531  of whether and in what amount the claimant is entitled to
  532  benefits, and, in the event of a denial, must state the reasons
  533  for the denial. A determination for the first week of a benefit
  534  year must also include a statement of whether the claimant was
  535  paid the wages required under s. 443.091(1)(f) and, if so, the
  536  first day of the benefit year, the claimant’s weekly benefit
  537  amount, and the maximum total amount of benefits payable to the
  538  claimant for a benefit year. The Agency for Workforce Innovation
  539  shall promptly notify the claimant, the claimant’s most recent
  540  employing unit, and all employers whose employment records are
  541  liable for benefits under the determination of the initial
  542  determination. The determination is final unless within 20 days
  543  after the mailing of the notices to the parties’ last known
  544  addresses, or in lieu of mailing, within 20 days after the
  545  delivery of the notices, an appeal or written request for
  546  reconsideration is filed by the claimant or other party entitled
  547  to notice.
  548         (b)Determinations involving an alternative base period.
  549  If, in the case of a claim for benefits involving an alternative
  550  base period under s. 443.091(1)(f), the Agency for Workforce
  551  Innovation is unable to access wage information through the
  552  database of its tax collection service provider, the agency
  553  shall request the information from the employer by mail. The
  554  employer must provide the requested information within 10 days
  555  after the Agency for Workforce Innovation mails the request. If
  556  wage information is unavailable, the Agency for Workforce
  557  Innovation may base the determination on an affidavit submitted
  558  by the individual attesting to her or his wages for those
  559  calendar quarters. The individual must furnish payroll
  560  information, if available, in support of the affidavit. Benefits
  561  based on an alternative base period must be adjusted if the
  562  quarterly report of wage information received from the employer
  563  under s. 443.141 results in a change in the monetary
  564  determination.
  565         (c)(b)Determinations in labor dispute cases.—Whenever any
  566  claim involves a labor dispute described in s. 443.101(4), the
  567  Agency for Workforce Innovation shall promptly assign the claim
  568  to a special examiner who shall make a determination on the
  569  issues involving unemployment due to the labor dispute. The
  570  special examiner shall make the determination after an
  571  investigation, as necessary. The claimant or another party
  572  entitled to notice of the determination may appeal a
  573  determination under subsection (4).
  574         (d)(c)Redeterminations.—
  575         1. The Agency for Workforce Innovation may reconsider a
  576  determination when it finds an error or when new evidence or
  577  information pertinent to the determination is discovered after a
  578  prior determination or redetermination. A redetermination may
  579  not be made more than 1 year after the last day of the benefit
  580  year unless the disqualification for making a false or
  581  fraudulent representation in s. 443.101(6) is applicable, in
  582  which case the redetermination may be made within 2 years after
  583  the false or fraudulent representation. The Agency for Workforce
  584  Innovation must promptly give notice of redetermination to the
  585  claimant and to any employers entitled to notice in the manner
  586  prescribed in this section for the notice of an initial
  587  determination. If the amount of benefits is increased by the
  588  redetermination, an appeal of the redetermination based solely
  589  on the increase may be filed as provided in subsection (4). If
  590  the amount of benefits is decreased by the redetermination, the
  591  redetermination may be appealed by the claimant when a
  592  subsequent claim for benefits is affected in amount or duration
  593  by the redetermination. If the final decision on the
  594  determination or redetermination to be reconsidered was made by
  595  an appeals referee, the commission, or a court, the Agency for
  596  Workforce Innovation may apply for a revised decision from the
  597  body or court that made the final decision.
  598         2. If an appeal of an original determination is pending
  599  when a redetermination is issued, the appeal unless withdrawn is
  600  treated as an appeal from the redetermination.
  601         (e)(d)Notice of determination or redetermination.—Notice
  602  of any monetary or nonmonetary determination or redetermination
  603  under this chapter, together with the reasons for the
  604  determination or redetermination, must be promptly given to the
  605  claimant and to any employer entitled to notice in the manner
  606  provided in this subsection. The Agency for Workforce Innovation
  607  shall adopt rules prescribing the manner and procedure by which
  608  employers within the base period of a claimant become entitled
  609  to notice.
  610         Section 5. Paragraph (a) of subsection (1) and paragraph
  611  (f) of subsection (13) of section 443.1216, Florida Statutes,
  612  are amended to read:
  613         443.1216 Employment.—Employment, as defined in s. 443.036,
  614  is subject to this chapter under the following conditions:
  615         (1)(a) The employment subject to this chapter includes a
  616  service performed, including a service performed in interstate
  617  commerce, by:
  618         1. An officer of a corporation.
  619         2. An individual who, under the usual common-law rules
  620  applicable in determining the employer-employee relationship, is
  621  an employee. However, whenever a client, as defined in s.
  622  443.036(19)(18), which would otherwise be designated as an
  623  employing unit has contracted with an employee leasing company
  624  to supply it with workers, those workers are considered
  625  employees of the employee leasing company. An employee leasing
  626  company may lease corporate officers of the client to the client
  627  and other workers to the client, except as prohibited by
  628  regulations of the Internal Revenue Service. Employees of an
  629  employee leasing company must be reported under the employee
  630  leasing company’s tax identification number and contribution
  631  rate for work performed for the employee leasing company.
  632         3. An individual other than an individual who is an
  633  employee under subparagraph 1. or subparagraph 2., who performs
  634  services for remuneration for any person:
  635         a. As an agent-driver or commission-driver engaged in
  636  distributing meat products, vegetable products, fruit products,
  637  bakery products, beverages other than milk, or laundry or
  638  drycleaning services for his or her principal.
  639         b. As a traveling or city salesperson engaged on a full
  640  time basis in the solicitation on behalf of, and the
  641  transmission to, his or her principal of orders from
  642  wholesalers, retailers, contractors, or operators of hotels,
  643  restaurants, or other similar establishments for merchandise for
  644  resale or supplies for use in their business operations. This
  645  sub-subparagraph does not apply to an agent-driver or a
  646  commission-driver and does not apply to sideline sales
  647  activities performed on behalf of a person other than the
  648  salesperson’s principal.
  649         4. The services described in subparagraph 3. are employment
  650  subject to this chapter only if:
  651         a. The contract of service contemplates that substantially
  652  all of the services are to be performed personally by the
  653  individual;
  654         b. The individual does not have a substantial investment in
  655  facilities used in connection with the services, other than
  656  facilities used for transportation; and
  657         c. The services are not in the nature of a single
  658  transaction that is not part of a continuing relationship with
  659  the person for whom the services are performed.
  660         (13) The following are exempt from coverage under this
  661  chapter:
  662         (f) Service performed in the employ of a public employer as
  663  defined in s. 443.036, except as provided in subsection (2), and
  664  service performed in the employ of an instrumentality of a
  665  public employer as described in s. 443.036(38)(35)(b) or (c), to
  666  the extent that the instrumentality is immune under the United
  667  States Constitution from the tax imposed by s. 3301 of the
  668  Internal Revenue Code for that service.
  669         Section 6. Paragraph (f) of subsection (3) of section
  670  443.131, Florida Statutes, is amended to read:
  671         443.131 Contributions.—
  672         (3) VARIATION OF CONTRIBUTION RATES BASED ON BENEFIT
  673  EXPERIENCE.—
  674         (f) Transfer of employment records.—
  675         1. For the purposes of this subsection, two or more
  676  employers who are parties to a transfer of business or the
  677  subject of a merger, consolidation, or other form of
  678  reorganization, effecting a change in legal identity or form,
  679  are deemed a single employer and are considered to be one
  680  employer with a continuous employment record if the tax
  681  collection service provider finds that the successor employer
  682  continues to carry on the employing enterprises of all of the
  683  predecessor employers and that the successor employer has paid
  684  all contributions required of and due from all of the
  685  predecessor employers and has assumed liability for all
  686  contributions that may become due from all of the predecessor
  687  employers. In addition, an employer may not be considered a
  688  successor under this subparagraph if the employer purchases a
  689  company with a lower rate into which employees with job
  690  functions unrelated to the business endeavors of the predecessor
  691  are transferred for the purpose of acquiring the low rate and
  692  avoiding payment of contributions. As used in this paragraph,
  693  notwithstanding s. 443.036(15)(14), the term “contributions”
  694  means all indebtedness to the tax collection service provider,
  695  including, but not limited to, interest, penalty, collection
  696  fee, and service fee. A successor employer must accept the
  697  transfer of all of the predecessor employers’ employment records
  698  within 30 days after the date of the official notification of
  699  liability by succession. If a predecessor employer has unpaid
  700  contributions or outstanding quarterly reports, the successor
  701  employer must pay the total amount with certified funds within
  702  30 days after the date of the notice listing the total amount
  703  due. After the total indebtedness is paid, the tax collection
  704  service provider shall transfer the employment records of all of
  705  the predecessor employers to the successor employer’s employment
  706  record. The tax collection service provider shall determine the
  707  contribution rate of the combined successor and predecessor
  708  employers upon the transfer of the employment records, as
  709  prescribed by rule, in order to calculate any change in the
  710  contribution rate resulting from the transfer of the employment
  711  records.
  712         2. Regardless of whether a predecessor employer’s
  713  employment record is transferred to a successor employer under
  714  this paragraph, the tax collection service provider shall treat
  715  the predecessor employer, if he or she subsequently employs
  716  individuals, as an employer without a previous employment record
  717  or, if his or her coverage is terminated under s. 443.121, as a
  718  new employing unit.
  719         3. The state agency providing unemployment tax collection
  720  services may adopt rules governing the partial transfer of
  721  experience rating when an employer transfers an identifiable and
  722  segregable portion of his or her payrolls and business to a
  723  successor employing unit. As a condition of each partial
  724  transfer, these rules must require the following to be filed
  725  with the tax collection service provider: an application by the
  726  successor employing unit, an agreement by the predecessor
  727  employer, and the evidence required by the tax collection
  728  service provider to show the benefit experience and payrolls
  729  attributable to the transferred portion through the date of the
  730  transfer. These rules must provide that the successor employing
  731  unit, if not an employer subject to this chapter, becomes an
  732  employer as of the date of the transfer and that the transferred
  733  portion of the predecessor employer’s employment record is
  734  removed from the employment record of the predecessor employer.
  735  For each calendar year after the date of the transfer of the
  736  employment record in the records of the tax collection service
  737  provider, the service provider shall compute the contribution
  738  rate payable by the successor employer or employing unit based
  739  on his or her employment record, combined with the transferred
  740  portion of the predecessor employer’s employment record. These
  741  rules may also prescribe what contribution rates are payable by
  742  the predecessor and successor employers for the period between
  743  the date of the transfer of the transferred portion of the
  744  predecessor employer’s employment record in the records of the
  745  tax collection service provider and the first day of the next
  746  calendar year.
  747         4. This paragraph does not apply to an employee leasing
  748  company and client contractual agreement as defined in s.
  749  443.036. The tax collection service provider shall, if the
  750  contractual agreement is terminated or the employee leasing
  751  company fails to submit reports or pay contributions as required
  752  by the service provider, treat the client as a new employer
  753  without previous employment record unless the client is
  754  otherwise eligible for a variation from the standard rate.
  755         Section 7. This act shall take effect October 1, 2009.