Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. PCS (166284) for SB 810
       
       
       
       
       
       
                                Barcode 954552                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  04/14/2009           .                                
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       The Committee on Commerce (Garcia) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 211 - 319
    4  and insert:
    5         Section 3. Subsection (1) and subsection (3) of section
    6  443.191, Florida Statutes, are amended to read:
    7         443.191 Unemployment Compensation Trust Fund; establishment
    8  and control.—
    9         (1) There is established, as a separate trust fund apart
   10  from all other public funds of this state, an Unemployment
   11  Compensation Trust Fund, which shall be administered by the
   12  Agency for Workforce Innovation exclusively for the purposes of
   13  this chapter. The fund shall consist of:
   14         (a) All contributions and reimbursements collected under
   15  this chapter;
   16         (b) Interest earned on any moneys in the fund;
   17         (c) Any property or securities acquired through the use of
   18  moneys belonging to the fund;
   19         (d) All earnings of these properties or securities; and
   20         (e) All money credited to this state’s account in the
   21  federal Unemployment Compensation Trust Fund under 42 U.S.C. s.
   22  1103;. and
   23         (f)Advances on the amount in the federal Unemployment
   24  Compensation Trust Fund credited to the state under 42 U.S.C. s.
   25  1321, as requested by the Governor or the Governor’s designee.
   26  
   27         Except as otherwise provided in s. 443.1313(4), all moneys
   28  in the fund shall be mingled and undivided.
   29         (3) Moneys may only be requisitioned from the state’s
   30  account in the federal Unemployment Compensation Trust Fund
   31  solely for the payment of benefits and extended benefits and for
   32  payment in accordance with rules prescribed by the Agency for
   33  Workforce Innovation, or for the repayment of advances made
   34  pursuant to 42 U.S.C. s. 1321, as authorized by the Governor or
   35  the Governor’s designee, except that money credited to this
   36  state’s account under 42 U.S.C. s. 1103 may only be used
   37  exclusively as provided in subsection (5). The Agency for
   38  Workforce Innovation, through the Chief Financial Officer, shall
   39  requisition from the federal Unemployment Compensation Trust
   40  Fund amounts, not exceeding the amounts credited to this state’s
   41  account in the fund, as necessary for the payment of benefits
   42  and extended benefits for a reasonable future period. Upon
   43  receipt of these amounts, the Chief Financial Officer shall
   44  deposit the moneys in the benefit account in the State Treasury
   45  and warrants for the payment of benefits and extended benefits
   46  shall be drawn upon the order of the Agency for Workforce
   47  Innovation against the account. All warrants for benefits and
   48  extended benefits are payable directly to the ultimate
   49  beneficiary. Expenditures of these moneys in the benefit account
   50  and refunds from the clearing account are not subject to any law
   51  requiring specific appropriations or other formal release by
   52  state officers of money in their custody. All warrants issued
   53  for the payment of benefits and refunds must bear the signature
   54  of the Chief Financial Officer. Any balance of moneys
   55  requisitioned from this state’s account in the federal
   56  Unemployment Compensation Trust Fund which remains unclaimed or
   57  unpaid in the benefit account after the period for which the
   58  moneys were requisitioned shall be deducted from estimates for,
   59  and may be used for the payment of, benefits and extended
   60  benefits during succeeding periods, or, in the discretion of the
   61  Agency for Workforce Innovation, shall be redeposited with the
   62  Secretary of the Treasury of the United States, to the credit of
   63  this state’s account in the federal Unemployment Compensation
   64  Trust Fund, as provided in subsection (2).
   65  
   66  ================= T I T L E  A M E N D M E N T ================
   67         And the title is amended as follows:
   68         Delete lines 17 - 19
   69  and insert:
   70  to the Governor or the Governor’s designee to request advances;
   71  related to repayment of advances; providing