Florida Senate - 2009                              CS for SB 810
       
       
       
       By the Committee on Commerce; and Senator Garcia
       
       
       
       
       577-05000-09                                           2009810c1
    1                        A bill to be entitled                      
    2         An act relating to the Unemployment Compensation Trust
    3         Fund; amending s. 443.1217, F.S.; raising the amount
    4         of an employee’s wages subject to an employer’s
    5         contribution to the trust fund, with a reversion to
    6         current law after January 1, 2015; amending s.
    7         443.131, F.S.; revising the rate and recoupment period
    8         for computing the employer contribution to the trust
    9         fund, with a reversion to current law for recoupment
   10         after January 1, 2015; providing the calculation for
   11         lowering an employer’s contribution to the trust fund
   12         under certain circumstances beginning January 1, 2015;
   13         providing for a suspension of lowering the employer’s
   14         contribution under certain circumstances; providing a
   15         definition of taxable payroll; amending s. 443.191,
   16         F.S.; providing for advances to be credited to the
   17         Unemployment Compensation Trust Fund; providing
   18         authority to the Governor or the Governor’s designee
   19         to request advances; providing effective dates.
   20  
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Effective October 1, 2009, paragraph (a) of
   24  subsection (2) of section 443.1217, Florida Statutes, is amended
   25  to read:
   26         443.1217 Wages.—
   27         (2) For the purpose of determining an employer’s
   28  contributions, the following wages are exempt from this chapter:
   29         (a) That part of remuneration paid to an individual by an
   30  employer for employment during a calendar year in excess of the
   31  first $8,500 $7,000 of remuneration paid to the individual by
   32  the employer or his or her predecessor during that calendar
   33  year, unless that part of the remuneration is subject to a tax,
   34  under a federal law imposing the tax, against which credit may
   35  be taken for contributions required to be paid into a state
   36  unemployment fund. As used in this section only, the term
   37  “employment” includes services constituting employment under any
   38  employment security law of another state or of the Federal
   39  Government. Beginning January 1, 2015, the part of remuneration
   40  paid to an individual by an employer for employment during a
   41  calendar year in excess of the first $7,000 is exempt from this
   42  chapter.
   43         Section 2. Effective October 1, 2009, paragraph (e) of
   44  subsection (3) of section 443.131, Florida Statutes, is amended
   45  to read:
   46         443.131 Contributions.—
   47         (3) VARIATION OF CONTRIBUTION RATES BASED ON BENEFIT
   48  EXPERIENCE.—
   49         (e) Assignment of variations from the standard rate.—
   50         1. The tax collection service provider shall assign a
   51  variation from the standard rate of contributions for each
   52  calendar year to each eligible employer. In determining the
   53  contribution rate, varying from the standard rate to be assigned
   54  each employer, adjustment factors computed under sub
   55  subparagraphs a.-c. shall be added to the benefit ratio. This
   56  addition shall be accomplished in two steps by adding a variable
   57  adjustment factor and a final adjustment factor. The sum of
   58  these adjustment factors computed under sub-subparagraphs a.-c.
   59  shall first be algebraically summed. The sum of these adjustment
   60  factors shall next be divided by a gross benefit ratio
   61  determined as follows: Total benefit payments for the 3-year
   62  period described in subparagraph (b)2. shall be charged to
   63  employers eligible for a variation from the standard rate, minus
   64  excess payments for the same period, divided by taxable payroll
   65  entering into the computation of individual benefit ratios for
   66  the calendar year for which the contribution rate is being
   67  computed. The ratio of the sum of the adjustment factors
   68  computed under sub-subparagraphs a.-c. to the gross benefit
   69  ratio shall be multiplied by each individual benefit ratio that
   70  is less than the maximum contribution rate to obtain variable
   71  adjustment factors; except that in any instance in which the sum
   72  of an employer’s individual benefit ratio and variable
   73  adjustment factor exceeds the maximum contribution rate, the
   74  variable adjustment factor shall be reduced in order that the
   75  sum equals the maximum contribution rate. The variable
   76  adjustment factor for each of these employers is multiplied by
   77  his or her taxable payroll entering into the computation of his
   78  or her benefit ratio. The sum of these products shall be divided
   79  by the taxable payroll of the employers who entered into the
   80  computation of their benefit ratios. The resulting ratio shall
   81  be subtracted from the sum of the adjustment factors computed
   82  under sub-subparagraphs a.-c. to obtain the final adjustment
   83  factor. The variable adjustment factors and the final adjustment
   84  factor shall be computed to five decimal places and rounded to
   85  the fourth decimal place. This final adjustment factor shall be
   86  added to the variable adjustment factor and benefit ratio of
   87  each employer to obtain each employer’s contribution rate. An
   88  employer’s contribution rate may not, however, be rounded to
   89  less than 0.1 percent.
   90         a. An adjustment factor for noncharge benefits shall be
   91  computed to the fifth decimal place and rounded to the fourth
   92  decimal place by dividing the amount of noncharge benefits
   93  during the 3-year period described in subparagraph (b)2. by the
   94  taxable payroll of employers eligible for a variation from the
   95  standard rate who have a benefit ratio for the current year
   96  which is less than the maximum contribution rate. For purposes
   97  of computing this adjustment factor, the taxable payroll of
   98  these employers is the taxable payrolls for the 3 years ending
   99  June 30 of the current calendar year as reported to the tax
  100  collection service provider by September 30 of the same calendar
  101  year. As used in this sub-subparagraph, the term “noncharge
  102  benefits” means benefits paid to an individual from the
  103  Unemployment Compensation Trust Fund, but which were not charged
  104  to the employment record of any employer.
  105         b. An adjustment factor for excess payments shall be
  106  computed to the fifth decimal place, and rounded to the fourth
  107  decimal place by dividing the total excess payments during the
  108  3-year period described in subparagraph (b)2. by the taxable
  109  payroll of employers eligible for a variation from the standard
  110  rate who have a benefit ratio for the current year which is less
  111  than the maximum contribution rate. For purposes of computing
  112  this adjustment factor, the taxable payroll of these employers
  113  is the same figure used to compute the adjustment factor for
  114  noncharge benefits under sub-subparagraph a. As used in this
  115  sub-subparagraph, the term “excess payments” means the amount of
  116  benefits charged to the employment record of an employer during
  117  the 3-year period described in subparagraph (b)2., less the
  118  product of the maximum contribution rate and the employer’s
  119  taxable payroll for the 3 years ending June 30 of the current
  120  calendar year as reported to the tax collection service provider
  121  by September 30 of the same calendar year. As used in this sub
  122  subparagraph, the term “total excess payments” means the sum of
  123  the individual employer excess payments for those employers that
  124  were eligible to be considered for assignment of a contribution
  125  rate different from the standard rate.
  126         c. If the balance of the Unemployment Compensation Trust
  127  Fund on June 30 of the calendar year immediately preceding the
  128  calendar year for which the contribution rate is being computed
  129  is less than 4 3.7 percent of the taxable payrolls for the year
  130  ending June 30 as reported to the tax collection service
  131  provider by September 30 of that calendar year, a positive
  132  adjustment factor shall be computed. The positive adjustment
  133  factor shall be computed annually to the fifth decimal place and
  134  rounded to the fourth decimal place by dividing the sum of the
  135  total taxable payrolls for the year ending June 30 of the
  136  current calendar year as reported to the tax collection service
  137  provider by September 30 of that calendar year into a sum equal
  138  to one-third one-fourth of the difference between the balance of
  139  the fund as of June 30 of that calendar year and the sum of 5
  140  4.7 percent of the total taxable payrolls for that year. The
  141  positive adjustment factor remains in effect for subsequent
  142  years until the balance of the Unemployment Compensation Trust
  143  Fund as of June 30 of the year immediately preceding the
  144  effective date of the contribution rate equals or exceeds 5 3.7
  145  percent of the taxable payrolls for the year ending June 30 of
  146  the current calendar year as reported to the tax collection
  147  service provider by September 30 of that calendar year.
  148  Beginning January 1, 2015, and for each year thereafter, the
  149  positive adjustment authorized by this section shall be computed
  150  by dividing the sum of the total taxable payrolls for the year
  151  ending June 30 of the current calendar year as reported to the
  152  tax collection service provider by September 30 of that calendar
  153  year into a sum equal to one-fourth of the difference between
  154  the balance of the fund as of June 30 of that calendar year and
  155  the sum of 5 percent of the total taxable payrolls for that
  156  year. The positive adjustment factor remains in effect for
  157  subsequent years until the balance of the Unemployment
  158  Compensation Trust Fund as of June 30 of the year immediately
  159  preceding the effective date of the contribution rate equals or
  160  exceeds 4 percent of the taxable payrolls for the year ending
  161  June 30 of the current calendar year as reported to the tax
  162  collection service provider by September 30 of that calendar
  163  year.
  164         d. If, beginning January 1, 2015, and each year thereafter,
  165  the balance of the Unemployment Compensation Trust Fund as of
  166  June 30 of the year immediately preceding the calendar year for
  167  which the contribution rate is being computed exceeds 5 4.7
  168  percent of the taxable payrolls for the year ending June 30 of
  169  the current calendar year as reported to the tax collection
  170  service provider by September 30 of that calendar year, a
  171  negative adjustment factor shall be computed. The negative
  172  adjustment factor shall be computed annually beginning on
  173  January 1, 2015, and each year thereafter, to the fifth decimal
  174  place and rounded to the fourth decimal place by dividing the
  175  sum of the total taxable payrolls for the year ending June 30 of
  176  the current calendar year as reported to the tax collection
  177  service provider by September 30 of the calendar year into a sum
  178  equal to one-fourth of the difference between the balance of the
  179  fund as of June 30 of the current calendar year and 5 4.7
  180  percent of the total taxable payrolls of that year. The negative
  181  adjustment factor remains in effect for subsequent years until
  182  the balance of the Unemployment Compensation Trust Fund as of
  183  June 30 of the year immediately preceding the effective date of
  184  the contribution rate is less than 5 4.7 percent, but more than
  185  4 3.7 percent of the taxable payrolls for the year ending June
  186  30 of the current calendar year as reported to the tax
  187  collection service provider by September 30 of that calendar
  188  year. The negative adjustment authorized by this section is
  189  suspended in any calendar year in which repayment of the
  190  principal amount of an advance received from the federal
  191  Unemployment Compensation Trust Fund under 42 U.S.C. s. 1321 is
  192  due to the Federal government.
  193         e.d. The maximum contribution rate that may be assigned to
  194  an employer is 5.4 percent, except employers participating in an
  195  approved short-time compensation plan may be assigned a maximum
  196  contribution rate that is 1 percent greater than the maximum
  197  contribution rate for other employers in any calendar year in
  198  which short-time compensation benefits are charged to the
  199  employer’s employment record.
  200         f.As used in this subsection, “taxable payroll” shall be
  201  determined by excluding any part of the remuneration paid to an
  202  individual by an employer for employment during a calendar year
  203  in excess of the first $7,000.
  204         2. If the transfer of an employer’s employment record to an
  205  employing unit under paragraph (f) which, before the transfer,
  206  was an employer, the tax collection service provider shall
  207  recompute a benefit ratio for the successor employer based on
  208  the combined employment records and reassign an appropriate
  209  contribution rate to the successor employer effective on the
  210  first day of the calendar quarter immediately after the
  211  effective date of the transfer.
  212         Section 3. Subsections (1) and (3) of section 443.191,
  213  Florida Statutes, are amended to read:
  214         443.191 Unemployment Compensation Trust Fund; establishment
  215  and control.—
  216         (1) There is established, as a separate trust fund apart
  217  from all other public funds of this state, an Unemployment
  218  Compensation Trust Fund, which shall be administered by the
  219  Agency for Workforce Innovation exclusively for the purposes of
  220  this chapter. The fund shall consist of:
  221         (a) All contributions and reimbursements collected under
  222  this chapter;
  223         (b) Interest earned on any moneys in the fund;
  224         (c) Any property or securities acquired through the use of
  225  moneys belonging to the fund;
  226         (d) All earnings of these properties or securities; and
  227         (e) All money credited to this state’s account in the
  228  federal Unemployment Compensation Trust Fund under 42 U.S.C. s.
  229  1103; and.
  230         (f)Advances on the amount in the federal Unemployment
  231  Compensation Trust Fund credited to the state under 42 U.S.C. s.
  232  1321, as requested by the Governor or the Governor’s designee.
  233  
  234  Except as otherwise provided in s. 443.1313(4), all moneys in
  235  the fund shall be mingled and undivided.
  236         (3) Moneys may only be requisitioned from the state’s
  237  account in the federal Unemployment Compensation Trust Fund
  238  solely for the payment of benefits and extended benefits and for
  239  payment in accordance with rules prescribed by the Agency for
  240  Workforce Innovation, or for the repayment of advances made
  241  pursuant to 42 U.S.C. s. 1321, as authorized by the Governor or
  242  the Governor’s designee, except that money credited to this
  243  state’s account under 42 U.S.C. s. 1103 may only be used
  244  exclusively as provided in subsection (5). The Agency for
  245  Workforce Innovation, through the Chief Financial Officer, shall
  246  requisition from the federal Unemployment Compensation Trust
  247  Fund amounts, not exceeding the amounts credited to this state’s
  248  account in the fund, as necessary for the payment of benefits
  249  and extended benefits for a reasonable future period. Upon
  250  receipt of these amounts, the Chief Financial Officer shall
  251  deposit the moneys in the benefit account in the State Treasury
  252  and warrants for the payment of benefits and extended benefits
  253  shall be drawn upon the order of the Agency for Workforce
  254  Innovation against the account. All warrants for benefits and
  255  extended benefits are payable directly to the ultimate
  256  beneficiary. Expenditures of these moneys in the benefit account
  257  and refunds from the clearing account are not subject to any law
  258  requiring specific appropriations or other formal release by
  259  state officers of money in their custody. All warrants issued
  260  for the payment of benefits and refunds must bear the signature
  261  of the Chief Financial Officer. Any balance of moneys
  262  requisitioned from this state’s account in the federal
  263  Unemployment Compensation Trust Fund which remains unclaimed or
  264  unpaid in the benefit account after the period for which the
  265  moneys were requisitioned shall be deducted from estimates for,
  266  and may be used for the payment of, benefits and extended
  267  benefits during succeeding periods, or, in the discretion of the
  268  Agency for Workforce Innovation, shall be redeposited with the
  269  Secretary of the Treasury of the United States, to the credit of
  270  this state’s account in the federal Unemployment Compensation
  271  Trust Fund, as provided in subsection (2).
  272         Section 4. Except as otherwise expressly provided in this
  273  act, this act shall take effect upon becoming a law.