Florida Senate - 2009                       CS for CS for SB 810
       
       
       
       By the Policy and Steering Committee on Ways and Means; the
       Committee on Commerce; and Senators Garcia and Hill
       
       
       
       576-05800-09                                           2009810c2
    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; creating s. 443.1117, F.S.;
   20         establishing temporary state extended benefits for
   21         claims between July 5, 2009, and December 26, 2009;
   22         creating definitions; providing for state extended
   23         benefits for certain weeks and for periods of high
   24         unemployment; providing that the act fulfills an
   25         important state interest; providing effective dates.
   26  
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Effective January 1, 2010, paragraph (a) of
   30  subsection (2) of section 443.1217, Florida Statutes, is amended
   31  to read:
   32         443.1217 Wages.—
   33         (2) For the purpose of determining an employer’s
   34  contributions, the following wages are exempt from this chapter:
   35         (a) That part of remuneration paid to an individual by an
   36  employer for employment during a calendar year in excess of the
   37  first $8,500 $7,000 of remuneration paid to the individual by
   38  the employer or his or her predecessor during that calendar
   39  year, unless that part of the remuneration is subject to a tax,
   40  under a federal law imposing the tax, against which credit may
   41  be taken for contributions required to be paid into a state
   42  unemployment fund. As used in this section only, the term
   43  “employment” includes services constituting employment under any
   44  employment security law of another state or of the Federal
   45  Government. Beginning January 1, 2015, the part of remuneration
   46  paid to an individual by an employer for employment during a
   47  calendar year in excess of the first $7,000 is exempt from this
   48  chapter.
   49         Section 2. Effective January 1, 2010, paragraph (e) of
   50  subsection (3) of section 443.131, Florida Statutes, is amended
   51  to read:
   52         443.131 Contributions.—
   53         (3) VARIATION OF CONTRIBUTION RATES BASED ON BENEFIT
   54  EXPERIENCE.—
   55         (e) Assignment of variations from the standard rate.—
   56         1. The tax collection service provider shall assign a
   57  variation from the standard rate of contributions for each
   58  calendar year to each eligible employer. In determining the
   59  contribution rate, varying from the standard rate to be assigned
   60  each employer, adjustment factors computed under sub
   61  subparagraphs a.-d. a.-c. shall be added to the benefit ratio.
   62  This addition shall be accomplished in two steps by adding a
   63  variable adjustment factor and a final adjustment factor. The
   64  sum of these adjustment factors computed under sub-subparagraphs
   65  a.-d. a.-c. shall first be algebraically summed. The sum of
   66  these adjustment factors shall next be divided by a gross
   67  benefit ratio determined as follows: Total benefit payments for
   68  the 3-year period described in subparagraph (b)2. shall be
   69  charged to employers eligible for a variation from the standard
   70  rate, minus excess payments for the same period, divided by
   71  taxable payroll entering into the computation of individual
   72  benefit ratios for the calendar year for which the contribution
   73  rate is being computed. The ratio of the sum of the adjustment
   74  factors computed under sub-subparagraphs a.-d. a.-c. to the
   75  gross benefit ratio shall be multiplied by each individual
   76  benefit ratio that is less than the maximum contribution rate to
   77  obtain variable adjustment factors; except that in any instance
   78  in which the sum of an employer’s individual benefit ratio and
   79  variable adjustment factor exceeds the maximum contribution
   80  rate, the variable adjustment factor shall be reduced in order
   81  that the sum equals the maximum contribution rate. The variable
   82  adjustment factor for each of these employers is multiplied by
   83  his or her taxable payroll entering into the computation of his
   84  or her benefit ratio. The sum of these products shall be divided
   85  by the taxable payroll of the employers who entered into the
   86  computation of their benefit ratios. The resulting ratio shall
   87  be subtracted from the sum of the adjustment factors computed
   88  under sub-subparagraphs a.-d. a.-c. to obtain the final
   89  adjustment factor. The variable adjustment factors and the final
   90  adjustment factor shall be computed to five decimal places and
   91  rounded to the fourth decimal place. This final adjustment
   92  factor shall be added to the variable adjustment factor and
   93  benefit ratio of each employer to obtain each employer’s
   94  contribution rate. An employer’s contribution rate may not,
   95  however, be rounded to less than 0.1 percent.
   96         a. An adjustment factor for noncharge benefits shall be
   97  computed to the fifth decimal place and rounded to the fourth
   98  decimal place by dividing the amount of noncharge benefits
   99  during the 3-year period described in subparagraph (b)2. by the
  100  taxable payroll of employers eligible for a variation from the
  101  standard rate who have a benefit ratio for the current year
  102  which is less than the maximum contribution rate. For purposes
  103  of computing this adjustment factor, the taxable payroll of
  104  these employers is the taxable payrolls for the 3 years ending
  105  June 30 of the current calendar year as reported to the tax
  106  collection service provider by September 30 of the same calendar
  107  year. As used in this sub-subparagraph, the term “noncharge
  108  benefits” means benefits paid to an individual from the
  109  Unemployment Compensation Trust Fund, but which were not charged
  110  to the employment record of any employer.
  111         b. An adjustment factor for excess payments shall be
  112  computed to the fifth decimal place, and rounded to the fourth
  113  decimal place by dividing the total excess payments during the
  114  3-year period described in subparagraph (b)2. by the taxable
  115  payroll of employers eligible for a variation from the standard
  116  rate who have a benefit ratio for the current year which is less
  117  than the maximum contribution rate. For purposes of computing
  118  this adjustment factor, the taxable payroll of these employers
  119  is the same figure used to compute the adjustment factor for
  120  noncharge benefits under sub-subparagraph a. As used in this
  121  sub-subparagraph, the term “excess payments” means the amount of
  122  benefits charged to the employment record of an employer during
  123  the 3-year period described in subparagraph (b)2., less the
  124  product of the maximum contribution rate and the employer’s
  125  taxable payroll for the 3 years ending June 30 of the current
  126  calendar year as reported to the tax collection service provider
  127  by September 30 of the same calendar year. As used in this sub
  128  subparagraph, the term “total excess payments” means the sum of
  129  the individual employer excess payments for those employers that
  130  were eligible to be considered for assignment of a contribution
  131  rate different from the standard rate.
  132         c. If the balance of the Unemployment Compensation Trust
  133  Fund on June 30 of the calendar year immediately preceding the
  134  calendar year for which the contribution rate is being computed
  135  is less than 4 3.7 percent of the taxable payrolls for the year
  136  ending June 30 as reported to the tax collection service
  137  provider by September 30 of that calendar year, a positive
  138  adjustment factor shall be computed. The positive adjustment
  139  factor shall be computed annually to the fifth decimal place and
  140  rounded to the fourth decimal place by dividing the sum of the
  141  total taxable payrolls for the year ending June 30 of the
  142  current calendar year as reported to the tax collection service
  143  provider by September 30 of that calendar year into a sum equal
  144  to one-third one-fourth of the difference between the balance of
  145  the fund as of June 30 of that calendar year and the sum of 5
  146  4.7 percent of the total taxable payrolls for that year. The
  147  positive adjustment factor remains in effect for subsequent
  148  years until the balance of the Unemployment Compensation Trust
  149  Fund as of June 30 of the year immediately preceding the
  150  effective date of the contribution rate equals or exceeds 5 3.7
  151  percent of the taxable payrolls for the year ending June 30 of
  152  the current calendar year as reported to the tax collection
  153  service provider by September 30 of that calendar year.
  154  Beginning January 1, 2015, and for each year thereafter, the
  155  positive adjustment authorized by this section shall be computed
  156  by dividing the sum of the total taxable payrolls for the year
  157  ending June 30 of the current calendar year as reported to the
  158  tax collection service provider by September 30 of that calendar
  159  year into a sum equal to one-fourth of the difference between
  160  the balance of the fund as of June 30 of that calendar year and
  161  the sum of 5 percent of the total taxable payrolls for that
  162  year. The positive adjustment factor remains in effect for
  163  subsequent years until the balance of the Unemployment
  164  Compensation Trust Fund as of June 30 of the year immediately
  165  preceding the effective date of the contribution rate equals or
  166  exceeds 4 percent of the taxable payrolls for the year ending
  167  June 30 of the current calendar year as reported to the tax
  168  collection service provider by September 30 of that calendar
  169  year.
  170         d. If, beginning January 1, 2015, and each year thereafter,
  171  the balance of the Unemployment Compensation Trust Fund as of
  172  June 30 of the year immediately preceding the calendar year for
  173  which the contribution rate is being computed exceeds 5 4.7
  174  percent of the taxable payrolls for the year ending June 30 of
  175  the current calendar year as reported to the tax collection
  176  service provider by September 30 of that calendar year, a
  177  negative adjustment factor shall be computed. The negative
  178  adjustment factor shall be computed annually beginning on
  179  January 1, 2015, and each year thereafter, to the fifth decimal
  180  place and rounded to the fourth decimal place by dividing the
  181  sum of the total taxable payrolls for the year ending June 30 of
  182  the current calendar year as reported to the tax collection
  183  service provider by September 30 of the calendar year into a sum
  184  equal to one-fourth of the difference between the balance of the
  185  fund as of June 30 of the current calendar year and 5 4.7
  186  percent of the total taxable payrolls of that year. The negative
  187  adjustment factor remains in effect for subsequent years until
  188  the balance of the Unemployment Compensation Trust Fund as of
  189  June 30 of the year immediately preceding the effective date of
  190  the contribution rate is less than 5 4.7 percent, but more than
  191  4 3.7 percent of the taxable payrolls for the year ending June
  192  30 of the current calendar year as reported to the tax
  193  collection service provider by September 30 of that calendar
  194  year. The negative adjustment authorized by this section is
  195  suspended in any calendar year in which repayment of the
  196  principal amount of an advance received from the federal
  197  Unemployment Compensation Trust Fund under 42 U.S.C. s. 1321 is
  198  due to the Federal government.
  199         e.d. The maximum contribution rate that may be assigned to
  200  an employer is 5.4 percent, except employers participating in an
  201  approved short-time compensation plan may be assigned a maximum
  202  contribution rate that is 1 percent greater than the maximum
  203  contribution rate for other employers in any calendar year in
  204  which short-time compensation benefits are charged to the
  205  employer’s employment record.
  206         f.As used in this subsection, “taxable payroll” shall be
  207  determined by excluding any part of the remuneration paid to an
  208  individual by an employer for employment during a calendar year
  209  in excess of the first $7,000.
  210         2. If the transfer of an employer’s employment record to an
  211  employing unit under paragraph (f) which, before the transfer,
  212  was an employer, the tax collection service provider shall
  213  recompute a benefit ratio for the successor employer based on
  214  the combined employment records and reassign an appropriate
  215  contribution rate to the successor employer effective on the
  216  first day of the calendar quarter immediately after the
  217  effective date of the transfer.
  218         Section 3. Subsections (1) and (3) of section 443.191,
  219  Florida Statutes, are amended to read:
  220         443.191 Unemployment Compensation Trust Fund; establishment
  221  and control.—
  222         (1) There is established, as a separate trust fund apart
  223  from all other public funds of this state, an Unemployment
  224  Compensation Trust Fund, which shall be administered by the
  225  Agency for Workforce Innovation exclusively for the purposes of
  226  this chapter. The fund shall consist of:
  227         (a) All contributions and reimbursements collected under
  228  this chapter;
  229         (b) Interest earned on any moneys in the fund;
  230         (c) Any property or securities acquired through the use of
  231  moneys belonging to the fund;
  232         (d) All earnings of these properties or securities; and
  233         (e) All money credited to this state’s account in the
  234  federal Unemployment Compensation Trust Fund under 42 U.S.C. s.
  235  1103; and.
  236         (f)Advances on the amount in the federal Unemployment
  237  Compensation Trust Fund credited to the state under 42 U.S.C. s.
  238  1321, as requested by the Governor or the Governor’s designee.
  239  
  240  Except as otherwise provided in s. 443.1313(4), all moneys in
  241  the fund shall be mingled and undivided.
  242         (3) Moneys may only be requisitioned from the state’s
  243  account in the federal Unemployment Compensation Trust Fund
  244  solely for the payment of benefits and extended benefits and for
  245  payment in accordance with rules prescribed by the Agency for
  246  Workforce Innovation, or for the repayment of advances made
  247  pursuant to 42 U.S.C. s. 1321, as authorized by the Governor or
  248  the Governor’s designee, except that money credited to this
  249  state’s account under 42 U.S.C. s. 1103 may only be used
  250  exclusively as provided in subsection (5). The Agency for
  251  Workforce Innovation, through the Chief Financial Officer, shall
  252  requisition from the federal Unemployment Compensation Trust
  253  Fund amounts, not exceeding the amounts credited to this state’s
  254  account in the fund, as necessary for the payment of benefits
  255  and extended benefits for a reasonable future period. Upon
  256  receipt of these amounts, the Chief Financial Officer shall
  257  deposit the moneys in the benefit account in the State Treasury
  258  and warrants for the payment of benefits and extended benefits
  259  shall be drawn upon the order of the Agency for Workforce
  260  Innovation against the account. All warrants for benefits and
  261  extended benefits are payable directly to the ultimate
  262  beneficiary. Expenditures of these moneys in the benefit account
  263  and refunds from the clearing account are not subject to any law
  264  requiring specific appropriations or other formal release by
  265  state officers of money in their custody. All warrants issued
  266  for the payment of benefits and refunds must bear the signature
  267  of the Chief Financial Officer. Any balance of moneys
  268  requisitioned from this state’s account in the federal
  269  Unemployment Compensation Trust Fund which remains unclaimed or
  270  unpaid in the benefit account after the period for which the
  271  moneys were requisitioned shall be deducted from estimates for,
  272  and may be used for the payment of, benefits and extended
  273  benefits during succeeding periods, or, in the discretion of the
  274  Agency for Workforce Innovation, shall be redeposited with the
  275  Secretary of the Treasury of the United States, to the credit of
  276  this state’s account in the federal Unemployment Compensation
  277  Trust Fund, as provided in subsection (2).
  278         Section 4. Effective July 5, 2009, and expiring December
  279  26, 2009, section 443.1117, Florida Statutes, is created to
  280  read:
  281         443.1117Temporary extended benefits.—
  282         (1)PERIOD OF APPLICABILITY.The provisions of this section
  283  apply only to claims in which entitlement to extended benefits
  284  pursuant to this section are established for the weeks between
  285  July 5, 2009, and December 26, 2009.
  286         (2)APPLICABILITY OF EXTENDED BENEFITS STATUTE.—Except when
  287  the result is inconsistent with the other provisions of this
  288  section, the provisions of s. 443.1115(3), (4), (6), and (7)
  289  apply to all claims covered by this section.
  290         (3)DEFINITIONS.—As used in this section, the term:
  291         (a)Extended benefit period,” “regular benefits,” and
  292  “extended benefits” have the same meaning as provided in s.
  293  443.1115.
  294         (b)“Eligibility period” means the period consisting of the
  295  weeks in an individual’s benefit year or emergency benefit
  296  period which begin in an extended benefit period and, if the
  297  benefit year or emergency benefit period ends within that
  298  extended benefit period, any subsequent weeks beginning in that
  299  period.
  300         (c)“Emergency benefits” means Emergency Unemployment
  301  Compensation paid pursuant to Pub. L. No. 110-252, Pub. L. No.
  302  110-449, and Pub. L. No. 111-5.
  303         (d)“Emergency benefit period” means the period during
  304  which an individual receives emergency benefits as defined in
  305  paragraph (c).
  306         (e)“Exhaustee” means an individual who, for any week of
  307  unemployment in her or his eligibility period:
  308         1.Has received, before that week, all of the regular
  309  benefits and emergency benefits, if any, available under this
  310  chapter or any other law, including dependents’ allowances and
  311  benefits payable to federal civilian employees and ex
  312  servicemembers under 5 U.S.C. ss. 8501-8525, in the current
  313  benefit year or emergency benefit period that includes that
  314  week. For the purposes of this subparagraph, an individual has
  315  received all of the regular benefits and emergency benefits, if
  316  any, available although, as a result of a pending appeal for
  317  wages paid for insured work which were not considered in the
  318  original monetary determination in the benefit year, she or he
  319  may subsequently be determined to be entitled to added regular
  320  benefits;
  321         2.Had a benefit year which expired before that week, and
  322  was paid no, or insufficient, wages for insured work on the
  323  basis of which she or he could establish a new benefit year that
  324  includes that week; and
  325         3.a.Has no right to unemployment benefits or allowances
  326  under the Railroad Unemployment Insurance Act or other federal
  327  laws as specified in regulations issued by the United States
  328  Secretary of Labor; and
  329         b.Has not received and is not seeking unemployment
  330  benefits under the unemployment compensation law of Canada; but
  331  if an individual is seeking those benefits and the appropriate
  332  agency finally determines that she or he is not entitled to
  333  benefits under that law, she or he is considered an exhaustee.
  334         (f)State ‘on’ indicator” means the occurrence of a week
  335  in which the average total unemployment rate under state law,
  336  seasonally adjusted, as determined by the United States
  337  Secretary of Labor, for the period consisting of that week and
  338  the 12 weeks immediately preceding it:
  339         1.Equals or exceeds 110 percent of the average of those
  340  rates for the corresponding 13-week period ending in each of the
  341  preceding 2 calendar years; and
  342         2.Equals or exceeds 6.5 percent.
  343         (g)High unemployment period” means any week in which the
  344  average total unemployment rate under state law, seasonally
  345  adjusted, as determined by the United States Secretary of Labor,
  346  for the period consisting of that week and the 12 weeks
  347  immediately preceding it:
  348         1.Equals or exceeds 110 percent of the average of those
  349  rates for the corresponding 13-week period ending in each of the
  350  preceding 2 calendar years; and
  351         2.Equals or exceeds 8 percent.
  352         (h)State ‘off’ indicator” means the occurrence of a week
  353  in which there is no state “on” indicator or which does not
  354  constitute a high unemployment period.
  355         (4)TOTAL EXTENDED BENEFIT AMOUNT.—Except as provided in
  356  subsection (5):
  357         (a)For any week for which there is an “on indicator
  358  pursuant to paragraph (3)(f), the total extended benefit amount
  359  payable to an eligible individual for her or his applicable
  360  benefit year is the lesser of:
  361         1.Fifty percent of the total regular benefits payable
  362  under this chapter in the applicable benefit year; or
  363         2.Thirteen times the weekly benefit amount payable under
  364  this chapter for a week of total unemployment in the applicable
  365  benefit year.
  366         (b)For any high unemployment period as defined in
  367  paragraph (3)(g), the total extended benefit amount payable to
  368  an eligible individual for her or his applicable benefit year is
  369  the lesser of:
  370         1.Eighty percent of the total regular benefits payable
  371  under this chapter in the applicable benefit year; or
  372         2.Twenty times the weekly benefit amount payable under
  373  this chapter for a week of total unemployment in the applicable
  374  benefit year.
  375         (c)In the case of any individual who receives extended
  376  compensation with respect to 1 or more weeks of unemployment
  377  beginning after July 5, 2009, and before December 26, 2009, the
  378  individual shall continue to receive any benefits to which she
  379  or he is entitled under this section, except that the individual
  380  may not receive any benefits for any week ending after May 29,
  381  2010.
  382         (5)READJUSTMENT.—Notwithstanding any other provision of
  383  this chapter, if the benefit year of an individual ends within
  384  an extended benefit period, the number of weeks of extended
  385  benefits the individual is entitled to receive in that extended
  386  benefit period for weeks of unemployment beginning after the end
  387  of the benefit year, except as provided in this section, is
  388  reduced, but not to below zero, by the number of weeks for which
  389  the individual received, within that benefit year, trade
  390  readjustment allowances under the Trade Act of 1974, as amended.
  391         Section 5. The Legislature finds that this act fulfills an
  392  important state interest.
  393         Section 6. Except as otherwise expressly provided in this
  394  act, this act shall take effect upon becoming a law.