Florida Senate - 2011 COMMITTEE AMENDMENT
Bill No. CS for SB 728
Barcode 695792
LEGISLATIVE ACTION
Senate . House
Comm: UNFAV .
03/09/2011 .
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The Committee on Judiciary (Joyner) recommended the following:
1 Senate Amendment (with directory and title amendments)
2
3 Delete lines 78 - 147
4 and insert:
5 Section 2. Effective July 1, 2011, present subsections (5)
6 through (25) of section 443.036, Florida Statutes, are
7 redesignated as subsections (6) through (26) respectively,
8 present subsections (26) through (45) of that section are
9 redesignated as subsection (28) through (47) respectively, new
10 subsections (5) and (27) are added to that section, and present
11 subsections (6), (7), (9), (16), (29), and (43) of that section
12 are amended, to read:
13 443.036 Definitions.—As used in this chapter, the term:
14 (5) “Alternative base period” means the last four completed
15 calendar quarters immediately preceding the first day of an
16 individual’s benefit year.
17 (7)(6) “Available for work” means actively seeking and
18 being ready and willing to accept suitable work employment.
19 (8)(7) “Base period” means the first four of the last five
20 completed calendar quarters immediately preceding the first day
21 of an individual’s benefit year. If the agency determines,
22 pursuant to s. 443.091(1)(g), that an alternative base period
23 will be used, the term has the same meaning as the alternative
24 base period.
25 (10)(9) “Benefit year” means, for an individual, the 1-year
26 period beginning with the first day of the first week for which
27 the individual first files a valid claim for benefits and,
28 thereafter, the 1-year period beginning with the first day of
29 the first week for which the individual next files a valid claim
30 for benefits after the termination of his or her last preceding
31 benefit year. Each claim for benefits made in accordance with s.
32 443.151(2) is a valid claim under this subsection if the
33 individual was paid wages for insured work in accordance with s.
34 443.091(1)(g) and is unemployed as defined in subsection (43) at
35 the time of filing the claim. However, the Agency for Workforce
36 Innovation may adopt rules providing for the establishment of a
37 uniform benefit year for all workers in one or more groups or
38 classes of service or within a particular industry if the agency
39 determines, after notice to the industry and to the workers in
40 the industry and an opportunity to be heard in the matter, that
41 those groups or classes of workers in a particular industry
42 periodically experience unemployment resulting from layoffs or
43 shutdowns for limited periods of time.
44 (17)(16) “Earned income” means gross remuneration derived
45 from work, professional service, or self-employment. The term
46 includes commissions, bonuses, back pay awards or back pay
47 settlements, front pay or front wages, and the cash value of all
48 remuneration paid in a medium other than cash. The term does not
49 include income derived from invested capital or ownership of
50 property.
51 (27) “Initial skills review” means an online education or
52 training program, such as that established under s. 1004.99,
53 which is approved by the Agency for Workforce Innovation and
54 designed to measure an individual’s mastery level of workplace
55 skills.
56 (31)(29) “Misconduct” includes, but is not limited to, the
57 following, which may not be construed in pari materia with each
58 other:
59 (a) Conduct demonstrating conscious willful or wanton
60 disregard of an employer’s interests and found to be a
61 deliberate violation or disregard of reasonable the standards of
62 behavior which the employer has a right to expect of his or her
63 employee, including standards lawfully set forth in the
64 employer’s written rules of conduct; or
65 (b) Carelessness or negligence to a degree or recurrence
66 that manifests culpability or, wrongful intent, or evil design
67 or shows an intentional and substantial disregard of the
68 employer’s interests or of the employee’s duties and obligations
69 to his or her employer.
70 (45)(43) “Unemployment” or “unemployed” means:
71 (a) An individual is “totally unemployed” in any week
72 during which he or she does not perform any services and for
73 which earned income is not payable to him or her. An individual
74 is “partially unemployed” in any week of less than full-time
75 work if the earned income payable to him or her for that week is
76 less than his or her weekly benefit amount. The Agency for
77 Workforce Innovation may adopt rules prescribing distinctions in
78 the procedures for unemployed individuals based on total
79 unemployment, part-time unemployment, partial unemployment of
80 individuals attached to their regular jobs, and other forms of
81 short-time work.
82 (b) An individual’s week of unemployment commences only
83 after his or her registration with the Agency for Workforce
84 Innovation as required in s. 443.091, except as the agency may
85 otherwise prescribe by rule.
86
87 Between lines 235 and 236
88 insert:
89 (g) She or he has been paid wages for insured work equal to
90 1.5 times her or his high quarter wages during her or his base
91 period, except that an unemployed individual is not eligible to
92 receive benefits if the base period wages are less than $3,400.
93 If the individual is ineligible for benefits calculated on a
94 base period wage, wages must be calculated using an alternative
95 base period and the claimant must have the opportunity to choose
96 whether to establish a claim using such wages. Wages shall be
97 calculated for an alternative base period only if the base
98 period wages are inadequate to establish eligibility under this
99 paragraph and only for benefit years that begin on or after
100 January 1, 2011. Wages used to establish a monetarily eligible
101 benefit year may not be used to establish monetary eligibility
102 in a subsequent benefit year.
103
104 Delete lines 895 - 930
105 and insert:
106 (a) Notices of claim.—The Agency for Workforce Innovation
107 shall promptly provide a notice of claim to the claimant’s most
108 recent employing unit and all employers whose employment records
109 are liable for benefits under the monetary determination. The
110 employer must respond to the notice of claim within 20 days
111 after the mailing date of the notice, or in lieu of mailing,
112 within 20 days after the delivery of the notice. If a
113 contributing employer fails to timely respond to the notice of
114 claim, the employer’s account may not be relieved of benefit
115 charges as provided in s. 443.131(3)(a), notwithstanding
116 paragraph (5)(b). The agency may adopt rules as necessary to
117 administer implement the processes described in this paragraph
118 relating to a notice notices of claim.
119 (b) Monetary determinations.—In addition to the notice of
120 claim, the Agency for Workforce Innovation must shall also
121 promptly provide an initial monetary determination to the
122 claimant and each base period employer whose account is subject
123 to being charged for its respective share of benefits on the
124 claim. The monetary determination must include a statement of
125 whether and in what amount the claimant is entitled to benefits,
126 and, in the event of a denial, must state the reasons for the
127 denial. A monetary determination for the first week of a benefit
128 year must also include a statement of whether the claimant was
129 paid the wages required under s. 443.091(1)(g) and, if so, the
130 first day of the benefit year, the claimant’s weekly benefit
131 amount, and the maximum total amount of benefits payable to the
132 claimant for a benefit year. The monetary determination is final
133 unless within 20 days after the mailing of the notices to the
134 parties’ last known addresses, or in lieu of mailing, within 20
135 days after the delivery of the notices, an appeal or written
136 request for reconsideration is filed by the claimant or other
137 party entitled to notice. The agency may adopt rules as
138 necessary to implement the processes described in this paragraph
139 relating to notices of monetary determinations and the appeals
140 or reconsideration requests filed in response to such notices.
141 (c) Determinations involving an alternative base period.—In
142 the case of a claim for benefits involving an alternative base
143 period under s. 443.091(1)(g), if the agency is unable to access
144 wage information through the database of its tax collection
145 service provider, the agency shall request the information from
146 the employer by mail. The employer must provide the requested
147 information within 10 days after the agency mails the request.
148 If wage information is unavailable, the agency may base the
149 determination on an affidavit submitted by the individual
150 attesting to her or his wages for those calendar quarters. The
151 individual must furnish payroll information, if available, in
152 support of the affidavit. Benefits based on an alternative base
153 period must be adjusted if the quarterly report of wage
154 information received from the employer under s. 443.141 results
155 in a change in the monetary determination.
156 (d)(c) Nonmonetary determinations.—If the agency receives
157 information that may result in a denial of benefits, the agency
158 must complete an investigation of the claim required by
159 subsection (2) and provide notice of a nonmonetary determination
160 to the claimant and the employer from whom the claimant’s reason
161 for separation affects his or her entitlement to benefits. The
162 determination must state the reason for the determination and
163 whether the unemployment tax account of the contributing
164 employer is charged for benefits paid on the claim. The
165 nonmonetary determination is final unless within 20 days after
166 the mailing of the notices to the parties’ last known addresses,
167 or in lieu of mailing, within 20 days after the delivery of the
168 notices, an appeal or written request for reconsideration is
169 filed by the claimant or other party entitled to notice. The
170 agency may adopt rules as necessary to administer implement the
171 processes described in this paragraph relating to notices of
172 nonmonetary determination and the appeals or reconsideration
173 requests filed in response to such notices, and may adopt rules
174 prescribing the manner and procedure by which employers within
175 the base period of a claimant become entitled to notice of
176 nonmonetary determination.
177 (e)(d) Determinations in labor dispute cases.—If a Whenever
178 any claim involves a labor dispute described in s. 443.101(5)
179 443.101(4), the Agency for Workforce Innovation shall promptly
180 assign the claim to a special examiner who shall make a
181 determination on the issues involving unemployment due to the
182 labor dispute. The special examiner shall make the determination
183 after an investigation, as necessary. The claimant or another
184 party entitled to notice of the determination may appeal a
185 determination under subsection (4).
186 (f)(e) Redeterminations.—
187 1. The Agency for Workforce Innovation may reconsider a
188 determination if it finds an error or if new evidence or
189 information pertinent to the determination is discovered after a
190 prior determination or redetermination. A redetermination may
191 not be made more than 1 year after the last day of the benefit
192 year unless the disqualification for making a false or
193 fraudulent representation under s. 443.101(7) 443.101(6) is
194 applicable, in which case the redetermination may be made within
195 2 years after the false or fraudulent representation. The agency
196 must promptly give notice of redetermination to the claimant and
197 to any employers entitled to notice in the manner prescribed in
198 this section for the notice of an initial determination.
199 2. If the amount of benefits is increased by the
200 redetermination, an appeal of the redetermination based solely
201 on the increase may be filed as provided in subsection (4). If
202 the amount of benefits is decreased by the redetermination, the
203 redetermination may be appealed by the claimant if a subsequent
204 claim for benefits is affected in amount or duration by the
205 redetermination. If the final decision on the determination or
206 redetermination to be reconsidered was made by an appeals
207 referee, the commission, or a court, the Agency for Workforce
208 Innovation may apply for a revised decision from the body or
209 court that made the final decision.
210 3. If an appeal of an original determination is pending
211 when a redetermination is issued, the appeal, unless withdrawn,
212 is treated as an appeal from the redetermination.
213
214 ====== D I R E C T O R Y C L A U S E A M E N D M E N T ======
215 And the directory clause is amended as follows:
216 Delete line 149
217 and insert:
218 (d), (f), and (g) of subsection (1) of section 443.091, Florida
219
220 Delete line 876
221 and insert:
222 subsection (2), subsection (3), and
223
224 ================= T I T L E A M E N D M E N T ================
225 And the title is amended as follows:
226 Delete lines 6 - 15
227 and insert:
228 understanding; amending s. 443.036, F.S.; revising the
229 definitions for “available for work,” “base period,”
230 “earned income,” “misconduct,” and “unemployment”;
231 adding definitions for “alternative base period” and
232 “initial skills review”; amending s. 443.091, F.S.;
233 revising requirements for making continued claims for
234 benefits; requiring that an individual claiming
235 benefits report certain information and participate in
236 an initial skills review; providing an exception;
237 specifying criteria for determining an applicant’s
238 availability for work; providing for an alternative
239 base period under certain circumstances; amending s.
240
241 After line 47
242 insert:
243 requiring an employer to provide wage information to
244 support an individual’s eligibility for benefits;
245 authorizing the Agency for Workforce Innovation to
246 accept an affidavit from the claimant to support
247 eligibility for benefits under certain circumstances;