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;