Florida Senate - 2013                                     SB 222
       By Senator Detert
       28-00402-13                                            2013222__
    1                        A bill to be entitled                      
    2         An act relating to reemployment assistance;
    3         transferring the functions of the Reemployment
    4         Assistance Appeals Commission to the Department of
    5         Economic Opportunity; providing legislative intent
    6         with respect to the transfer of programs and
    7         administrative responsibilities; providing for a
    8         transition period; requiring the department to
    9         coordinate the development and implementation of a
   10         transition plan; authorizing the Governor to transfer
   11         funds and positions between agencies upon approval
   12         from the Legislative Budget Commission to implement
   13         the act; requiring that the Governor submit
   14         information and obtain waivers as required by federal
   15         law; providing that a transfer includes the transfer
   16         of any records and unexpended balances of certain
   17         funds; requiring the successor organization to be the
   18         custodian of certain property; amending s. 443.012,
   19         F.S.; deleting reference to the Reemployment
   20         Assistance Appeals Commission and replacing it with
   21         the Regional Appeal Offices; requiring the Department
   22         of Economic Opportunity to create a regional appeal
   23         office at each regional workforce board; requiring the
   24         regional workforce board to appoint appeals referees;
   25         providing that alternates may be used if a conflict of
   26         interest arises; requiring each regional workforce
   27         board to appoint a review panel; providing for
   28         membership; providing for a general counsel; providing
   29         for certain staggered terms for members; requiring the
   30         department to establish a central appeals office for
   31         recordkeeping; requiring the department to post final
   32         orders online; requiring the department to create a
   33         seal; providing for job performance appraisals;
   34         amending ss. 443.151, 120.80, 443.0315, 443.041,
   35         443.101, 443.141, and 443.171, F.S.; revising
   36         references to the commission; deleting duplicative
   37         language; providing for appeals to be filed at the
   38         regional appeal office located at the regional
   39         workforce board servicing the claimant’s last
   40         principal place of business; providing for electronic
   41         filing of appeals; providing that an appeal of an
   42         appeals referee decision be made at the review panel
   43         located at the same regional appeal office; providing
   44         that an appeal of a review panel decision be made at
   45         the district court of appeal where the order was
   46         issued; requiring the department to enter an order in
   47         accordance with decisions of the district court of
   48         appeal; amending s. 20.60, F.S.; deleting a subsection
   49         relating to the department’s power over the
   50         Reemployment Assistance Appeals Commission; amending
   51         ss. 110.205 and 443.036, F.S.; deleting references to
   52         the commission; providing examples of misconduct;
   53         amending s. 443.091, F.S.; limiting a claimants use of
   54         the same prospective employer to meet work search
   55         requirements; providing an exception; providing that
   56         work search requirements do not apply to individuals
   57         required to participate in reemployment services;
   58         amending s. 443.131, F.S.; requiring the tax
   59         collection service provider to calculate a certain
   60         additional rate; providing for when an assessment may
   61         not be made; requiring assessments to be available to
   62         pay interest on federal advances; requiring certain
   63         excess funds to be transferred to the Unemployment
   64         Compensation Trust Fund after a certain time period;
   65         deleting the provision referring to crediting employer
   66         accounts; providing an expiration date; amending s.
   67         443.1317, F.S.; providing that the department shall
   68         have ultimate authority over administration of the
   69         Reemployment Assistance Program; providing an
   70         effective date.
   72  Be It Enacted by the Legislature of the State of Florida:
   74         Section 1. Type two transfer from the Reemployment
   75  Assistance Appeals Commission.—
   76         (1)All powers, duties, functions, records, offices,
   77  personnel, associated administrative support positions,
   78  property, pending issues, existing contracts, administrative
   79  authority, administrative rules, and unexpended balances of
   80  appropriations, allocations, and other funds relating to the
   81  Reemployment Assistance Appeals Commission are transferred by a
   82  type two transfer, as defined in s. 20.06(2), Florida Statutes,
   83  to the Department of Economic Opportunity.
   84         (2)Any binding contract or interagency agreement existing
   85  before October 1, 2013, between the Reemployment Assistance
   86  Appeals Commission, or an entity or agent of the commission, and
   87  any other agency, entity, or person shall continue as a binding
   88  contract or agreement for the remainder of the term of such
   89  contract or agreement on the successor department, agency, or
   90  entity responsible for the program, activity, or functions
   91  relative to the contract or agreement.
   92         (3)All powers, duties, functions, records, offices,
   93  personnel, property, pending issues, and existing contracts,
   94  administrative authority, administrative rules, and unexpended
   95  balances of appropriations, allocations, and other funds
   96  relating to the Reemployment Assistance Appeals Commission which
   97  are not specifically transferred by this section are transferred
   98  by a type two transfer, as defined in s. 20.06(2), Florida
   99  Statutes, to the Department of Economic Opportunity.
  100         Section 2. (1) It is the intent of the Legislature that the
  101  changes made by this act be accomplished with minimal disruption
  102  of services provided to the public. To that end, the Legislature
  103  directs that, notwithstanding the changes made by this act, the
  104  Reemployment Assistance Appeals Commission may continue with
  105  such powers, duties, functions, records, offices, personnel,
  106  property, pending issues, and existing contracts as provided in
  107  Florida Statutes 2012 until September 30, 2013. Appeals filed
  108  before October 1, 2013, shall be administered as provided in
  109  Florida Statutes 2012; appeals filed on and after October 1,
  110  2013, shall be administered in accordance with this act. The
  111  Legislature believes that a transition period between the
  112  effective date of this act and October 1, 2013, is appropriate
  113  and warranted.
  114         (2) The Department of Economic Opportunity shall coordinate
  115  the development and implementation of a transition plan that
  116  supports the implementation of this act.
  117         (3) Notwithstanding ss. 216.292 and 216.351, Florida
  118  Statutes, upon approval by the Legislative Budget Commission,
  119  the Executive Office of the Governor may transfer funds and
  120  positions between agencies to implement this act.
  121         (4) Upon the recommendation and guidance of the Department
  122  of Economic Opportunity, the Governor shall submit in a timely
  123  manner to the applicable federal departments or agencies any
  124  necessary amendments or supplemental information concerning
  125  plans that the state is required to submit to the Federal
  126  Government in connection with any federal or state program. The
  127  Governor shall seek any waivers from the requirements of federal
  128  law or rules which may be necessary to administer the provisions
  129  of this act.
  130         (5) The transfer of any program, activity, duty, or
  131  function under this act includes the transfer of any records and
  132  unexpended balances of appropriations, allocations, or other
  133  funds related to such program, activity, duty, or function.
  134  Unless otherwise provided, the successor organization to any
  135  program, activity, duty, or function transferred under this act
  136  shall become the custodian of any property of the organization
  137  that was responsible for the program, activity, duty, or
  138  function immediately prior to the transfer.
  139         Section 3. Section 443.012, Florida Statutes, is amended to
  140  read:
  141         443.012 Regional Appeal Offices Reemployment Assistance
  142  Appeals Commission.—
  143         (1) The Department of Economic Opportunity shall establish
  144  an appeal office at each regional workforce board as defined
  145  under s. 445.007 at the location where the regional workforce
  146  board executive director is located. The department shall
  147  provide an appeals referee and review panel with proper
  148  facilities and assistance for the execution of their functions.
  149  Administrative staff of the regional appeal offices shall serve
  150  both an appeals referee and review panel and shall be employees
  151  of the department, in accordance with s. 443.171(3).
  152         (2)(a) Each regional workforce board shall, pursuant to
  153  qualifications established by the department, appoint one or
  154  more impartial salaried appeals referees to hear and decide
  155  appealed claims. Such a referee shall be an employee of the
  156  department, in accordance with s. 443.171(3).
  157         (b) A person may not participate as an appeals referee in
  158  any case in which she or he has a conflict of interest. The
  159  regional workforce board may designate alternates to serve in
  160  the absence or disqualification of an appeals referee on a
  161  temporary basis. These alternates must have the same
  162  qualifications required of appeals referees.
  163         (3)(a) Each regional workforce board shall appoint a review
  164  panel to review appeals from the decisions of the regional
  165  appeals referee. There is created within the Division of
  166  Workforce Services of the Department of Economic Opportunity a
  167  Reemployment Assistance Appeals Commission. The review panel
  168  commission is composed of a chair and two other members selected
  169  from the membership of the regional workforce board and
  170  appointed by the board chair Governor, subject to approval of a
  171  majority vote of the regional workforce board, a quorum having
  172  been established confirmation by the Senate. Only one appointee
  173  may be a representative of employers, as demonstrated by his or
  174  her previous vocation, employment, or affiliation; and only one
  175  appointee may be a representative of employees, as demonstrated
  176  by his or her previous vocation, employment, or affiliation.
  177         (a) The chair shall devote his or her entire time to
  178  commission duties and is responsible for the administrative
  179  functions of the commission.
  180         (b) A regional workforce board The chair has authority to
  181  appoint a general counsel and other personnel to carry out the
  182  duties and responsibilities of the review panel, pursuant to
  183  qualifications established by the department commission. The
  184  general counsel must serve the panel in the review process. The
  185  general counsel must be admitted to practice law in Florida, and
  186  must have, at a minimum, 1 year of experience in conducting
  187  judicial or administrative hearings or 5 years of experience in
  188  the practice of law. The general counsel shall be an employee of
  189  the department, in accordance with s. 443.171(3).
  190         (c) The chair must have the qualifications required by law
  191  for a judge of the circuit court and may not engage in any other
  192  business vocation or employment. Notwithstanding any other law,
  193  the chair shall be paid a salary equal to that paid under state
  194  law to a judge of the circuit court.
  195         (d)The remaining members shall be paid a stipend of $100
  196  for each day they are engaged in the work of the commission. The
  197  chair and other members are entitled to be reimbursed for travel
  198  expenses, as provided in s. 112.061.
  199         (e) The total salary and travel expenses of each member of
  200  the commission shall be paid from the Employment Security
  201  Administration Trust Fund.
  202         (c)(2) The members of the review panel commission shall be
  203  appointed to staggered terms of 2 4 years each. A vacancy for
  204  the unexpired term of a member shall be filled in the same
  205  manner as the original appointment. The presence of two members
  206  constitutes a quorum for any called meeting of the review panel
  207  commission.
  208         (3) The commission has all authority, powers, duties, and
  209  responsibilities relating to reemployment assistance appeal
  210  proceedings under this chapter.
  211         (4) The property, personnel, and appropriations relating to
  212  the specified authority, powers, duties, and responsibilities of
  213  the commission shall be provided to the commission by the
  214  Department of Economic Opportunity.
  215         (5) The commission is not subject to control, supervision,
  216  or direction by the Department of Economic Opportunity in
  217  performing its powers or duties under this chapter.
  218         (6) The commission may make expenditures, including
  219  expenditures for personal services and rent, for law books,
  220  books of reference, periodicals, furniture, equipment, and
  221  supplies, and for printing and binding as necessary in
  222  exercising its authority and powers and carrying out its duties
  223  and responsibilities. All such expenditures of the commission
  224  shall be allowed and paid as provided in s. 443.211 upon the
  225  presentation of itemized vouchers approved by the chair.
  226         (7) The commission may charge fees for publications,
  227  subscriptions, and copies of records and documents. These fees
  228  must be deposited in the Employment Security Administration
  229  Trust Fund.
  230         (4)(8) The department shall establish a central appeal
  231  office for the purposes of maintaining commission shall maintain
  232  and keep open during reasonable business hours an office in
  233  Tallahassee for the purpose of transacting its business, at
  234  which office the commission shall keep its official records and
  235  papers. The department shall also post final orders of the
  236  review panels online The offices shall be furnished and equipped
  237  by the commission. The commission may hold sessions and conduct
  238  hearings at any place within the state.
  239         (9) The commission shall prepare and submit a budget
  240  covering the necessary administrative cost of the commission.
  241         (5)(10) The department shall establish commission shall
  242  have a seal for authenticating all review panel its orders,
  243  awards, and proceedings, upon which shall be inscribed the words
  244  “State of Florida–Reemployment Assistance Review Panel Appeals
  245  Commission–Seal,” and it shall be judicially noticed.
  246         (6) The regional workforce board shall submit to the
  247  department information concerning the job performance of all
  248  designated employees of the department at the regional appeal
  249  office. The department shall consider any such information
  250  submitted by the regional workforce board in conducting
  251  performance appraisals of the employees.
  252         (11) The commission has authority to adopt rules under ss.
  253  120.536(1) and 120.54 to administer the provisions of law
  254  conferring duties upon it.
  255         (12) Orders of the commission relating to reemployment
  256  assistance under this chapter are subject to review only by
  257  notice of appeal to the district courts of appeal in the manner
  258  provided in s. 443.151(4)(e).
  259         Section 4. Paragraph (e) of subsection (3), subsection (4),
  260  and paragraph (b) of subsection (5) of section 443.151, Florida
  261  Statutes, are amended to read:
  262         443.151 Procedure concerning claims.—
  264         (e) Redeterminations.—
  265         1. The department may reconsider a determination if it
  266  finds an error or if new evidence or information pertinent to
  267  the determination is discovered after a prior determination or
  268  redetermination. A redetermination may not be made more than 1
  269  year after the last day of the benefit year unless the
  270  disqualification for making a false or fraudulent representation
  271  under s. 443.101(6) is applicable, in which case the
  272  redetermination may be made within 2 years after the false or
  273  fraudulent representation. The department must promptly give
  274  notice of redetermination to the claimant and to any employers
  275  entitled to notice in the manner prescribed in this section for
  276  the notice of an initial determination.
  277         2. If the amount of benefits is increased by the
  278  redetermination, an appeal of the redetermination based solely
  279  on the increase may be filed as provided in subsection (4). If
  280  the amount of benefits is decreased by the redetermination, the
  281  redetermination may be appealed by the claimant if a subsequent
  282  claim for benefits is affected in amount or duration by the
  283  redetermination. If the final decision on the determination or
  284  redetermination to be reconsidered was made by an appeals
  285  referee, a review panel the commission, or a court, the
  286  department may apply for a revised decision from the body or
  287  court that made the final decision.
  288         3. If an appeal of an original determination is pending
  289  when a redetermination is issued, the appeal unless withdrawn is
  290  treated as an appeal from the redetermination.
  291         (4) APPEALS.—
  292         (a) Appeals referees.—The Department of Economic
  293  Opportunity shall appoint one or more impartial salaried appeals
  294  referees in accordance with s. 443.171(3) to hear and decide
  295  appealed claims. A person may not participate on behalf of the
  296  department as an appeals referee in any case in which she or he
  297  is an interested party. The department may designate alternates
  298  to serve in the absence or disqualification of any appeals
  299  referee on a temporary basis. These alternates must have the
  300  same qualifications required of appeals referees. The department
  301  shall provide the commission and the appeals referees with
  302  proper facilities and assistance for the execution of their
  303  functions.
  304         (b)Filing and hearing.—
  305         1. The claimant or any other party entitled to notice of a
  306  determination may appeal an adverse determination to an appeals
  307  referee within 20 days after the date of mailing of the notice
  308  to her or his last known address or, if the notice is not
  309  mailed, within 20 days after the date of delivering the notice.
  310  Notice of appeal must be filed with the regional appeal office
  311  located at the regional workforce board servicing the area of
  312  the claimant’s last principal place of business. Appeals filed
  313  with the incorrect regional appeal office may be forwarded to
  314  the appropriate office upon timely request of a party to the
  315  appeal. Appeals may be filed electronically through a central
  316  system or in a manner otherwise prescribed by the department.
  317         2. Unless the appeal is untimely or withdrawn or review is
  318  initiated by the review panel commission, the appeals referee,
  319  after mailing all parties and attorneys of record a notice of
  320  hearing at least 10 days before the date of hearing,
  321  notwithstanding the 14-day notice requirement in s.
  322  120.569(2)(b), may only affirm, modify, or reverse the
  323  determination. An appeal may not be withdrawn without the
  324  permission of the appeals referee.
  325         3. However, if an appeal appears to have been filed after
  326  the permissible time limit, the regional appeal office of
  327  Appeals may issue an order to show cause to the appellant which
  328  requires the appellant to show why the appeal should not be
  329  dismissed as untimely. If, within 15 days after the mailing date
  330  of the order to show cause, the appellant does not provide
  331  written evidence of timely filing or good cause for failure to
  332  appeal timely, the appeal shall be dismissed.
  333         4. If an appeal involves a question of whether services
  334  were performed by a claimant in employment or for an employer,
  335  the referee must give special notice of the question and of the
  336  pendency of the appeal to the employing unit and to the
  337  department, both of which become parties to the proceeding.
  338         5.a. Any part of the evidence may be received in written
  339  form, and all testimony of parties and witnesses shall be made
  340  under oath.
  341         b. Irrelevant, immaterial, or unduly repetitious evidence
  342  shall be excluded, but all other evidence of a type commonly
  343  relied upon by reasonably prudent persons in the conduct of
  344  their affairs is admissible, whether or not such evidence would
  345  be admissible in a trial in state court.
  346         c. Hearsay evidence may be used for the purpose of
  347  supplementing or explaining other evidence, or to support a
  348  finding if it would be admissible over objection in civil
  349  actions. Notwithstanding s. 120.57(1)(c), hearsay evidence may
  350  support a finding of fact if:
  351         (I) The party against whom it is offered has a reasonable
  352  opportunity to review such evidence prior to the hearing; and
  353         (II) The appeals referee or special deputy determines,
  354  after considering all relevant facts and circumstances, that the
  355  evidence is trustworthy and probative and that the interests of
  356  justice are best served by its admission into evidence.
  357         6. The parties must be notified promptly of the referee’s
  358  decision. The referee’s decision is final unless further review
  359  is initiated under paragraph (b) (c) within 20 days after the
  360  date of mailing notice of the decision to the party’s last known
  361  address or, in lieu of mailing, within 20 days after the
  362  delivery of the notice.
  363         (b)(c)Review by review panel commission.—The review panel
  364  commission may, on its own motion, within the time limit in
  365  paragraph (a) (b), initiate a review of the decision of an
  366  appeals referee located at the same regional appeal office. The
  367  review panel commission may also allow the department or any
  368  adversely affected party entitled to notice of the decision to
  369  appeal the decision by filing an application within the time
  370  limit in paragraph (a) (b). An adversely affected party has the
  371  right to appeal the decision to the review panel located at the
  372  same regional appeal office as the referee if the department’s
  373  determination is not affirmed by the appeals referee. The review
  374  panel commission may affirm, modify, or reverse the findings and
  375  conclusions of the appeals referee based on evidence previously
  376  submitted in the case or based on additional evidence taken at
  377  the direction of the review panel commission. The review panel
  378  commission may assume jurisdiction of or transfer to another
  379  appeals referee the proceedings on any claim pending before an
  380  appeals referee at the same regional appeal office. Any
  381  proceeding in which the review panel commission assumes
  382  jurisdiction before completion must be heard by the review panel
  383  commission in accordance with the requirement of this subsection
  384  for proceedings before an appeals referee. When the review panel
  385  commission denies an application to hear an appeal of an appeals
  386  referee’s decision, the decision of the appeals referee is the
  387  decision of the review panel commission for purposes of this
  388  paragraph and is subject to judicial review within the same time
  389  and manner as decisions of the review panel commission, except
  390  that the time for initiating review runs from the date of notice
  391  of the review panel’s commission’s order denying the application
  392  to hear an appeal.
  393         (c)(d)Procedure.—The manner that appealed claims are
  394  presented must comply with the review panel’s commission’s
  395  rules. Witnesses subpoenaed under this section are allowed fees
  396  at the rate established by s. 92.142, and fees of witnesses
  397  subpoenaed on behalf of the department or any claimant are
  398  deemed part of the expense of administering this chapter.
  399         (d)(e)Judicial review.—Orders of the review panel
  400  commission entered under paragraph (b) (c) are subject to review
  401  only by notice of appeal in the district court of appeal in the
  402  appellate district in which a claimant resides or the job
  403  separation arose or in the appellate district where the order
  404  was issued. However, if the notice of appeal is filed solely
  405  with the commission, the appeal shall be filed in the district
  406  court of appeal in the appellate district in which the order was
  407  issued. Notwithstanding chapter 120, the review panel commission
  408  is a party respondent to every such proceeding. The department
  409  may initiate judicial review of orders in the same manner and to
  410  the same extent as any other party. Upon a final determination
  411  by a district court of appeal, the department shall enter an
  412  order in accordance with such determination.
  413         (5) PAYMENT OF BENEFITS.—
  414         (b) The department shall promptly pay benefits, regardless
  415  of whether a determination is under appeal if the determination
  416  allowing benefits is affirmed in any amount by an appeals
  417  referee or is affirmed by a review panel the commission, or if a
  418  decision of an appeals referee allowing benefits is affirmed in
  419  any amount by the review panel commission. In these instances, a
  420  court may not issue an injunction, supersedeas, stay, or other
  421  writ or process suspending payment of benefits. A contributing
  422  employer that responded to the notice of claim within the time
  423  limit provided in subsection (3) may not, however, be charged
  424  with benefits paid under an erroneous determination if the
  425  decision is ultimately reversed. Benefits are not paid for any
  426  subsequent weeks of unemployment involved in a reversal.
  427         Section 5. Subsection (8) of section 20.60, Florida
  428  Statutes, is amended, and present subsections (9) through (13)
  429  are renumbered as subsections (8) through (12), respectively, to
  430  read:
  431         20.60 Department of Economic Opportunity; creation; powers
  432  and duties.—
  433         (8) The Reemployment Assistance Appeals Commission,
  434  authorized by s. 443.012, is not subject to control,
  435  supervision, or direction by the department in the performance
  436  of its powers and duties but shall receive any and all support
  437  and assistance from the department which is required for the
  438  performance of its duties.
  439         Section 6. Paragraph (n) of subsection (2) of section
  440  110.205, Florida Statutes, is amended to read:
  441         110.205 Career service; exemptions.—
  442         (2) EXEMPT POSITIONS.—The exempt positions that are not
  443  covered by this part include the following:
  444         (n)1.a. In addition to those positions exempted by other
  445  paragraphs of this subsection, each department head may
  446  designate a maximum of 20 policymaking or managerial positions,
  447  as defined by the department and approved by the Administration
  448  Commission, as being exempt from the Career Service System.
  449  Career service employees who occupy a position designated as a
  450  position in the Selected Exempt Service under this paragraph
  451  shall have the right to remain in the Career Service System by
  452  opting to serve in a position not exempted by the employing
  453  agency. Unless otherwise fixed by law, the department shall set
  454  the salary and benefits of these positions in accordance with
  455  the rules of the Selected Exempt Service; provided, however,
  456  that if the agency head determines that the general counsel,
  457  chief Cabinet aide, public information administrator or
  458  comparable position for a Cabinet officer, inspector general, or
  459  legislative affairs director has both policymaking and
  460  managerial responsibilities and if the department determines
  461  that any such position has both policymaking and managerial
  462  responsibilities, the salary and benefits for each such position
  463  shall be established by the department in accordance with the
  464  rules of the Senior Management Service.
  465         b. In addition, each department may designate one
  466  additional position in the Senior Management Service if that
  467  position reports directly to the agency head or to a position in
  468  the Senior Management Service and if any additional costs are
  469  absorbed from the existing budget of that department.
  470         2. If otherwise exempt, employees of the Public Employees
  471  Relations Commission, and the Commission on Human Relations, and
  472  the Reemployment Assistance Appeals Commission, upon the
  473  certification of their respective commission heads, may be
  474  provided for under this paragraph as members of the Senior
  475  Management Service, if otherwise qualified. However, the deputy
  476  general counsel of the Public Employees Relations Commission
  477  shall be compensated as members of the Selected Exempt Service.
  478         Section 7. Paragraphs (b) and (c) of subsection (10) of
  479  section 120.80, Florida Statutes, are amended to read:
  480         120.80 Exceptions and special requirements; agencies.—
  482         (b) Notwithstanding s. 120.54(5), the uniform rules of
  483  procedure do not apply to appeal proceedings conducted under
  484  chapter 443 by the reemployment assistance review panels Appeals
  485  Commission, special deputies, or reemployment assistance appeals
  486  referees.
  487         (c) Notwithstanding s. 120.57(1)(a), hearings under chapter
  488  443 may not be conducted by an administrative law judge assigned
  489  by the division, but instead shall be conducted by the
  490  reemployment assistance review panels Appeals Commission in
  491  reemployment assistance appeals, reemployment assistance appeals
  492  referees, and the Department of Economic Opportunity or its
  493  special deputies under s. 443.141.
  494         Section 8. Section 443.0315, Florida Statutes, is amended
  495  to read:
  496         443.0315 Effect of finding, judgment, conclusion, or order
  497  in separate or subsequent action or proceeding; use as
  498  evidence.—Any finding of fact or law, judgment, conclusion, or
  499  final order made by a hearing officer, a review panel the
  500  commission, or any person with the authority to make findings of
  501  fact or law in any proceeding under this chapter is not
  502  conclusive or binding in any separate or subsequent action or
  503  proceeding, other than an action or proceeding under this
  504  chapter, between an individual and his or her present or prior
  505  employer brought before an arbitrator, court, or judge of this
  506  state or the United States, regardless of whether the prior
  507  action was between the same or related parties or involved the
  508  same facts.
  509         Section 9. Subsections (12) and (30) of section 443.036,
  510  Florida Statutes, are amended, and present subsections (13)
  511  through (47) are renumbered as (12) through (46), respectively,
  512  to read:
  513         443.036 Definitions.—As used in this chapter, the term:
  514         (12) “Commission” means the Reemployment Assistance Appeals
  515  Commission.
  516         (29)(30) “Misconduct,” irrespective of whether the
  517  misconduct occurs at the workplace or during working hours,
  518  includes, but is not limited to, the following, which may not be
  519  construed in pari materia with each other:
  520         (a) Conduct demonstrating conscious disregard of an
  521  employer’s interests and found to be a deliberate violation or
  522  disregard of the reasonable standards of behavior which the
  523  employer expects of his or her employee. Such conduct may
  524  include, but is not limited to, willful damage to an employer’s
  525  property that results in damage of more than $50; or theft of
  526  employer property or property of a customer or invitee of the
  527  employer.
  528         (b) Carelessness or negligence to a degree or recurrence
  529  that manifests culpability or wrongful intent, or shows an
  530  intentional and substantial disregard of the employer’s
  531  interests or of the employee’s duties and obligations to his or
  532  her employer.
  533         (c) Chronic absenteeism or tardiness in deliberate
  534  violation of a known policy of the employer or one or more
  535  unapproved absences following a written reprimand or warning
  536  relating to more than one unapproved absence.
  537         (d) A willful and deliberate violation of a standard or
  538  regulation of this state by an employee of an employer licensed
  539  or certified by this state, which violation would cause the
  540  employer to be sanctioned or have its license or certification
  541  suspended by this state. Such conduct may include, but is not
  542  limited to, failure to maintain a license, registration, or
  543  certification required by applicable law in order for the
  544  employee to perform her or his assigned job duties.
  545         (e)1. A violation of an employer’s rule, unless the
  546  claimant can demonstrate that:
  547         a.1. He or she did not know, and could not reasonably know,
  548  of the rule’s requirements;
  549         b.2. The rule is not lawful or not reasonably related to
  550  the job environment and performance; or
  551         c.3. The rule is not fairly or consistently enforced.
  552         2. Such conduct may include, but is not limited to,
  553  committing criminal assault or battery on another employee, or
  554  on a customer or invitee of the employer; or committing abuse or
  555  neglect of a patient, resident, disabled person, elderly person,
  556  or child in her or his professional care.
  557         Section 10. Paragraphs (a), (c), and (d) of subsection (2)
  558  of section 443.041, Florida Statutes, are amended to read:
  559         443.041 Waiver of rights; fees; privileged communications.—
  560         (2) FEES.—
  561         (a) Except as otherwise provided in this chapter, an
  562  individual claiming benefits may not be charged fees of any kind
  563  in any proceeding under this chapter by a review panel the
  564  commission or the Department of Economic Opportunity, or their
  565  representatives, or by any court or any officer of the court. An
  566  individual claiming benefits in any proceeding before a review
  567  panel the commission or the department, or representatives of
  568  either, or a court may be represented by counsel or an
  569  authorized representative, but the counsel or representative may
  570  not charge or receive for those services more than an amount
  571  approved by a review panel the commission, the department, or
  572  the court.
  573         (c) The department shall pay attorney attorneys’ fees
  574  awarded under this section from the Employment Security
  575  Administration Trust Fund as part of the costs of administration
  576  of this chapter and may pay these fees directly to the attorney
  577  for the claimant in a lump sum. The department or a review panel
  578  the commission may not pay any other fees or costs in connection
  579  with an appeal.
  580         (d) Any person, firm, or corporation who or which seeks or
  581  receives any remuneration or gratuity for any services rendered
  582  on behalf of a claimant, except as allowed by this section and
  583  in an amount approved by the department, a review panel the
  584  commission, or a court, commits a misdemeanor of the second
  585  degree, punishable as provided in s. 775.082 or s. 775.083.
  586         Section 11. Paragraph (d) of subsection (1) of section
  587  443.091, Florida Statutes, is amended to read:
  588         443.091 Benefit eligibility conditions.—
  589         (1) An unemployed individual is eligible to receive
  590  benefits for any week only if the Department of Economic
  591  Opportunity finds that:
  592         (d) She or he is able to work and is available for work. In
  593  order to assess eligibility for a claimed week of unemployment,
  594  the department shall develop criteria to determine a claimant’s
  595  ability to work and availability for work. A claimant must be
  596  actively seeking work in order to be considered available for
  597  work. This means engaging in systematic and sustained efforts to
  598  find work, including contacting at least five prospective
  599  employers for each week of unemployment claimed. The department
  600  may require the claimant to provide proof of such efforts to the
  601  one-stop career center as part of reemployment services. A
  602  claimant’s proof of efforts may not include the same prospective
  603  employer at the same location for the duration of benefits,
  604  unless the employer has indicated since the time of the initial
  605  contact that the employer is hiring. The department shall
  606  conduct random reviews of work search information provided by
  607  claimants. As an alternative to contacting at least five
  608  prospective employers for any week of unemployment claimed, a
  609  claimant may, for that same week, report in person to a one-stop
  610  career center to meet with a representative of the center and
  611  access reemployment services of the center. The center shall
  612  keep a record of the services or information provided to the
  613  claimant and shall provide the records to the department upon
  614  request by the department. However:
  615         1. Notwithstanding any other provision of this paragraph or
  616  paragraphs (b) and (e), an otherwise eligible individual may not
  617  be denied benefits for any week because she or he is in training
  618  with the approval of the department, or by reason of s.
  619  443.101(2) relating to failure to apply for, or refusal to
  620  accept, suitable work. Training may be approved by the
  621  department in accordance with criteria prescribed by rule. A
  622  claimant’s eligibility during approved training is contingent
  623  upon satisfying eligibility conditions prescribed by rule.
  624         2. Notwithstanding any other provision of this chapter, an
  625  otherwise eligible individual who is in training approved under
  626  s. 236(a)(1) of the Trade Act of 1974, as amended, may not be
  627  determined ineligible or disqualified for benefits due to
  628  enrollment in such training or because of leaving work that is
  629  not suitable employment to enter such training. As used in this
  630  subparagraph, the term “suitable employment” means work of a
  631  substantially equal or higher skill level than the worker’s past
  632  adversely affected employment, as defined for purposes of the
  633  Trade Act of 1974, as amended, the wages for which are at least
  634  80 percent of the worker’s average weekly wage as determined for
  635  purposes of the Trade Act of 1974, as amended.
  636         3. Notwithstanding any other provision of this section, an
  637  otherwise eligible individual may not be denied benefits for any
  638  week because she or he is before any state or federal court
  639  pursuant to a lawfully issued summons to appear for jury duty.
  640         4. Union members who customarily obtain employment through
  641  a union hiring hall may satisfy the work search requirements of
  642  this paragraph by reporting daily to their union hall.
  643         5. The work search requirements of this paragraph do not
  644  apply to persons who are unemployed as a result of a temporary
  645  layoff or who are claiming benefits under an approved short-time
  646  compensation plan as provided in s. 443.1116.
  647         6. In small counties as defined in s. 120.52(19), a
  648  claimant engaging in systematic and sustained efforts to find
  649  work must contact at least three prospective employers for each
  650  week of unemployment claimed.
  651         7. The work search requirements of this paragraph do not
  652  apply to persons required to participate in reemployment
  653  services under paragraph (e).
  654         Section 12. Subsections (6) and (9) of section 443.101,
  655  Florida Statutes, are amended to read:
  656         443.101 Disqualification for benefits.—An individual shall
  657  be disqualified for benefits:
  658         (6) For making any false or fraudulent representation for
  659  the purpose of obtaining benefits contrary to this chapter,
  660  constituting a violation under s. 443.071. The disqualification
  661  imposed under this subsection shall begin with the week in which
  662  the false or fraudulent representation is made and shall
  663  continue for a period not to exceed 1 year after the date the
  664  Department of Economic Opportunity discovers the false or
  665  fraudulent representation and until any overpayment of benefits
  666  resulting from such representation has been repaid in full. This
  667  disqualification may be appealed in the same manner as any other
  668  disqualification imposed under this section. A conviction by any
  669  court of competent jurisdiction in this state of the offense
  670  prohibited or punished by s. 443.071 is conclusive upon the
  671  appeals referee and the review panel commission of the making of
  672  the false or fraudulent representation for which
  673  disqualification is imposed under this section.
  674         (9) If the individual was terminated from his or her work
  675  as follows:
  676         (a) If the Department of Economic Opportunity or a the
  677  reemployment assistance review panel Appeals Commission finds
  678  that the individual was terminated from work for violation of
  679  any criminal law, under any jurisdiction, which was in
  680  connection with his or her work, and the individual was
  681  convicted, or entered a plea of guilty or nolo contendere, the
  682  individual is not entitled to reemployment assistance benefits
  683  for up to 52 weeks, pursuant to rules adopted by the department,
  684  and until he or she has earned income of at least 17 times his
  685  or her weekly benefit amount. If, before an adjudication of
  686  guilt, an admission of guilt, or a plea of nolo contendere, the
  687  employer proves by competent substantial evidence to the
  688  department that the arrest was due to a crime against the
  689  employer or the employer’s business, customers, or invitees, the
  690  individual is not entitled to reemployment assistance benefits.
  691         (b) If the department or a the reemployment assistance
  692  review panel Appeals Commission finds that the individual was
  693  terminated from work for any dishonest act in connection with
  694  his or her work, the individual is not entitled to reemployment
  695  assistance benefits for up to 52 weeks, pursuant to rules
  696  adopted by the department, and until he or she has earned income
  697  of at least 17 times his or her weekly benefit amount. If the
  698  employer terminates an individual as a result of a dishonest act
  699  in connection with his or her work and the department finds
  700  misconduct in connection with his or her work, the individual is
  701  not entitled to reemployment assistance benefits.
  703  If an individual is disqualified for benefits, the account of
  704  the terminating employer, if the employer is in the base period,
  705  is noncharged at the time the disqualification is imposed.
  706         Section 13. Subsection (5) of section 443.131, Florida
  707  Statutes, is amended to read:
  708         443.131 Contributions.—
  710         (a) When the Unemployment Compensation Trust Fund has
  711  received advances from the Federal Government under the
  712  provisions of 42 U.S.C. s. 1321, each contributing employer
  713  shall be assessed an additional rate solely for the purpose of
  714  paying interest due on such federal advances. The additional
  715  rate shall be assessed no later than February 1 in each calendar
  716  year in which an interest payment is due.
  717         (b) The Revenue Estimating Conference shall estimate the
  718  amount of such interest due on federal advances no later than
  719  December 1 of the calendar year preceding the calendar year in
  720  which an interest payment is due. The Revenue Estimating
  721  Conference shall, at a minimum, consider the following as the
  722  basis for the estimate:
  723         1. The amounts actually advanced to the trust fund.
  724         2. Amounts expected to be advanced to the trust fund based
  725  on current and projected unemployment patterns and employer
  726  contributions.
  727         3. The interest payment due date.
  728         4. The interest rate that will be applied by the Federal
  729  Government to any accrued outstanding balances.
  730         (c)(b)The tax collection service provider shall calculate
  731  the additional rate to be assessed against contributing
  732  employers. The additional rate assessed for a calendar year
  733  shall be determined by dividing the estimated amount of interest
  734  to be paid in that year by 95 percent of the taxable wages as
  735  described in s. 443.1217 paid by all employers for the year
  736  ending June 30 of the immediately preceding calendar year. The
  737  amount to be paid by each employer shall be the product obtained
  738  by multiplying such employer’s taxable wages as described in s.
  739  443.1217 for the year ending June 30 of the immediately
  740  preceding calendar year by the rate as determined by this
  741  subsection. If the amount of assessments on deposit from
  742  previous years, plus any earned interest, is at least 80 percent
  743  of the estimated amount of interest, then an assessment may not
  744  be made.
  745         (d) The tax collection service provider shall make a
  746  separate collection of such assessment, which may be collected
  747  at the time of employer contributions and subject to the same
  748  penalties for failure to file a report, imposition of the
  749  standard rate pursuant to paragraph (3)(h), and interest if the
  750  assessment is not received on or before June 30. Section
  751  443.141(1)(d) and (e) does not apply to this separately
  752  collected assessment. The tax collection service provider shall
  753  maintain those funds in the tax collection service provider’s
  754  Audit and Warrant Clearing Trust Fund until the provider is
  755  directed by the Governor or the Governor’s designee to make the
  756  interest payment to the Federal Government. Assessments on
  757  deposit shall be available to pay the interest on advances
  758  received from the Federal Government under 42 U.S.C. s. 1321.
  759  Assessments on deposit may be invested and any interest earned
  760  shall be part of the balance available to pay the interest on
  761  advances received from the Federal Government under 42 U.S.C. s.
  762  1321.
  763         (e) Four months after In the calendar year that all
  764  advances from the Federal Government under 42 U.S.C. s. 1321 and
  765  associated interest are repaid, if there are assessment funds in
  766  excess of the amount required to meet the final interest
  767  payment, any such excess assessed funds in the Audit and Warrant
  768  Clearing Trust Fund, including associated interest, shall be
  769  transferred to the Unemployment Compensation Trust Fund credited
  770  to employer accounts in the Unemployment Compensation Trust Fund
  771  in an amount equal to the employer’s contribution to the
  772  assessment for that year divided by the total amount of the
  773  assessment for that year, the result of which is multiplied by
  774  the amount of excess assessed funds. Any assessment amounts
  775  subsequently collected shall also be transferred to the
  776  Unemployment Compensation Trust Fund.
  777         (f)However, If the state is permitted to defer interest
  778  payments due during a calendar year under 42 U.S.C. s. 1322,
  779  payment of the interest assessment shall not be due. If a
  780  deferral of interest expires or is subsequently disallowed by
  781  the Federal Government, either prospectively or retroactively,
  782  the interest assessment shall be immediately due and payable.
  783  Notwithstanding any other provision of this section, if interest
  784  due during a calendar year on federal advances is forgiven or
  785  postponed under federal law and is no longer due during that
  786  calendar year, no interest assessment shall be assessed against
  787  an employer for that calendar year, and any assessment already
  788  assessed and collected against an employer before the
  789  forgiveness or postponement of the interest for that calendar
  790  year shall be credited to such employer’s account in the
  791  Unemployment Compensation Trust Fund. However, such funds may be
  792  used only to pay benefits or refunds of erroneous contributions.
  793         (g) This subsection expires July 1, 2014.
  794         Section 14. Paragraph (a) of subsection (1) of section
  795  443.1317, Florida Statutes, is amended to read:
  796         443.1317 Rulemaking authority; enforcement of rules.—
  798         (a) Except as otherwise provided in s. 443.012, The
  799  Department of Economic Opportunity has ultimate authority over
  800  the administration of the Reemployment Assistance Program.
  801         Section 15. Paragraph (b) of subsection (2) and paragraph
  802  (f) of subsection (3) of section 443.141, Florida Statutes, is
  803  amended to read:
  804         443.141 Collection of contributions and reimbursements.—
  806         (b) Hearings.—The determination and assessment are final 15
  807  days after the date the assessment is mailed unless the employer
  808  files with the tax collection service provider within the 15
  809  days a written protest and petition for hearing specifying the
  810  objections thereto. The tax collection service provider shall
  811  promptly review each petition and may reconsider its
  812  determination and assessment in order to resolve the
  813  petitioner’s objections. The tax collection service provider
  814  shall forward each petition remaining unresolved to the
  815  department for a hearing on the objections. Upon receipt of a
  816  petition, the department shall schedule a hearing and notify the
  817  petitioner of the time and place of the hearing. The department
  818  may appoint special deputies to conduct hearings and to submit
  819  their findings together with a transcript of the proceedings
  820  before them and their recommendations to the department for its
  821  final order. Special deputies are subject to the prohibition
  822  against ex parte communications in s. 120.66. At any hearing
  823  conducted by the department or its special deputy, evidence may
  824  be offered to support the determination and assessment or to
  825  prove it is incorrect. In order to prevail, however, the
  826  petitioner must either prove that the determination and
  827  assessment are incorrect or file full and complete corrected
  828  reports. Evidence may also be submitted at the hearing to rebut
  829  the determination by the tax collection service provider that
  830  the petitioner is an employer under this chapter. Upon evidence
  831  taken before it or upon the transcript submitted to it with the
  832  findings and recommendation of its special deputy, the
  833  department shall either set aside the tax collection service
  834  provider’s determination that the petitioner is an employer
  835  under this chapter or reaffirm the determination. The amounts
  836  assessed under the final order, together with interest and
  837  penalties, must be paid within 15 days after notice of the final
  838  order is mailed to the employer, unless judicial review is
  839  instituted in a case of status determination. Amounts due when
  840  the status of the employer is in dispute are payable within 15
  841  days after the entry of an order by the court affirming the
  842  determination. However, any determination that an employing unit
  843  is not an employer under this chapter does not affect the
  844  benefit rights of any individual as determined by an appeals
  845  referee or a review panel the commission unless:
  846         1. The individual is made a party to the proceedings before
  847  the special deputy; or
  848         2. The decision of the appeals referee or a review panel
  849  the commission has not become final or the employing unit and
  850  the department were not made parties to the proceedings before
  851  the appeals referee or a review panel the commission.
  852         (3) COLLECTION PROCEEDINGS.—
  853         (f) Reproductions.—In any proceedings in any court under
  854  this chapter, reproductions of the original records of the
  855  Department of Economic Opportunity, its tax collection service
  856  provider, the former Agency for Workforce Innovation, the former
  857  Department of Labor and Employment Security, or the former
  858  Reemployment Assistance Appeals Commission, including, but not
  859  limited to, photocopies or microfilm, are primary evidence in
  860  lieu of the original records or of the documents that were
  861  transcribed into those records.
  862         Section 16. Section 443.171, Florida Statutes, is amended
  863  to read:
  864         443.171 Department of Economic Opportunity and commission;
  865  powers and duties; records and reports; proceedings; state
  866  federal cooperation.—
  867         (1) POWERS AND DUTIES.—The Department of Economic
  868  Opportunity shall administer this chapter. The department may
  869  employ those persons, make expenditures, require reports,
  870  conduct investigations, and take other action necessary or
  871  suitable to administer this chapter. The department shall
  872  annually submit information to Workforce Florida, Inc., covering
  873  the administration and operation of this chapter during the
  874  preceding calendar year for inclusion in the strategic plan
  875  under s. 445.006 and may make recommendations for amendment to
  876  this chapter.
  877         (2) PUBLICATION OF ACTS AND RULES.—The Department of
  878  Economic Opportunity shall cause to be printed and distributed
  879  to the public, or otherwise distributed to the public through
  880  the Internet or similar electronic means, the text of this
  881  chapter and of the rules for administering this chapter adopted
  882  by the department or the state agency providing reemployment
  883  assistance tax collection services and any other matter relevant
  884  and suitable. The department shall furnish this information to
  885  any person upon request. However, any pamphlet, rules,
  886  circulars, or reports required by this chapter may not contain
  887  any matter except the actual data necessary to complete them or
  888  the actual language of the rule, together with the proper
  889  notices.
  890         (3) PERSONNEL.—Subject to chapter 110 and the other
  891  provisions of this chapter, the Department of Economic
  892  Opportunity may appoint, set the compensation of, and prescribe
  893  the duties and powers of employees, accountants, attorneys,
  894  experts, and other persons as necessary for the performance of
  895  the duties of the department under this chapter. The department
  896  may delegate to any person its power and authority under this
  897  chapter as necessary for the effective administration of this
  898  chapter and may bond any person handling moneys or signing
  899  checks under this chapter. The cost of these bonds must be paid
  900  from the Employment Security Administration Trust Fund.
  901         (4) EMPLOYMENT STABILIZATION.—The Department of Economic
  902  Opportunity, under the direction of Workforce Florida, Inc.,
  903  shall take all appropriate steps to reduce and prevent
  904  unemployment; to encourage and assist in the adoption of
  905  practical methods of career training, retraining, and career
  906  guidance; to investigate, recommend, advise, and assist in the
  907  establishment and operation, by municipalities, counties, school
  908  districts, and the state, of reserves for public works to be
  909  used in times of business depression and unemployment; to
  910  promote the reemployment of the unemployed workers throughout
  911  the state in every other way that may be feasible; to refer any
  912  claimant entitled to extended benefits to suitable work which
  913  meets the criteria of this chapter; and, to these ends, to carry
  914  on and publish the results of investigations and research
  915  studies.
  916         (5) RECORDS AND REPORTS.—Each employing unit shall keep
  917  true and accurate work records, containing the information
  918  required by the Department of Economic Opportunity or its tax
  919  collection service provider. These records must be open to
  920  inspection and are subject to being copied by the department or
  921  its tax collection service provider at any reasonable time and
  922  as often as necessary. The department or its tax collection
  923  service provider may require from any employing unit any sworn
  924  or unsworn reports, for persons employed by the employing unit,
  925  necessary for the effective administration of this chapter.
  926  However, a state or local governmental agency performing
  927  intelligence or counterintelligence functions need not report an
  928  employee if the head of that agency determines that reporting
  929  the employee could endanger the safety of the employee or
  930  compromise an ongoing investigation or intelligence mission.
  931         (6) OATHS AND WITNESSES.—In the discharge of the duties
  932  imposed by this chapter, the Department of Economic Opportunity,
  933  its tax collection service provider, the members of the review
  934  panels commission, and any authorized representative of any of
  935  these entities may administer oaths and affirmations, take
  936  depositions, certify to official acts, and issue subpoenas to
  937  compel the attendance of witnesses and the production of books,
  938  papers, correspondence, memoranda, and other records deemed
  939  necessary as evidence in connection with the administration of
  940  this chapter.
  941         (7) SUBPOENAS.—If a person refuses to obey a subpoena
  942  issued to that person, any court of this state within the
  943  jurisdiction of which the inquiry is carried on, or within the
  944  jurisdiction of which the person is found, resides, or transacts
  945  business, upon application by the Department of Economic
  946  Opportunity, its tax collection service provider, a review panel
  947  the commission, or any authorized representative of any of these
  948  entities has jurisdiction to order the person to appear before
  949  the entity to produce evidence or give testimony on the matter
  950  under investigation or in question. Failure to obey the order of
  951  the court may be punished by the court as contempt. Any person
  952  who fails or refuses without just cause to appear or testify; to
  953  answer any lawful inquiry; or to produce books, papers,
  954  correspondence, memoranda, and other records within her or his
  955  control as commanded in a subpoena of the department, its tax
  956  collection service provider, a review panel the commission, or
  957  any authorized representative of any of these entities commits a
  958  misdemeanor of the second degree, punishable as provided in s.
  959  775.082 or s. 775.083. Each day that a violation continues is a
  960  separate offense.
  961         (8) PROTECTION AGAINST SELF-INCRIMINATION.—A person is not
  962  excused from appearing or testifying, or from producing books,
  963  papers, correspondence, memoranda, or other records, before the
  964  Department of Economic Opportunity, its tax collection service
  965  provider, a review panel the commission, or any authorized
  966  representative of any of these entities or as commanded in a
  967  subpoena of any of these entities in any proceeding before the
  968  department, a review panel the commission, an appeals referee,
  969  or a special deputy on the ground that the testimony or
  970  evidence, documentary or otherwise, required of the person may
  971  incriminate her or him or subject her or him to a penalty or
  972  forfeiture. That person may not be prosecuted or subjected to
  973  any penalty or forfeiture for or on account of any transaction,
  974  matter, or thing concerning which she or he is compelled, after
  975  having claimed her or his privilege against self-incrimination,
  976  to testify or produce evidence, documentary or otherwise, except
  977  that the person testifying is not exempt from prosecution and
  978  punishment for perjury committed while testifying.
  980         (a)1. In the administration of this chapter, the Department
  981  of Economic Opportunity and its tax collection service provider
  982  shall cooperate with the United States Department of Labor to
  983  the fullest extent consistent with this chapter and shall take
  984  those actions, through the adoption of appropriate rules,
  985  administrative methods, and standards, necessary to secure for
  986  this state all advantages available under the provisions of
  987  federal law relating to reemployment assistance.
  988         2. In the administration of the provisions in s. 443.1115,
  989  which are enacted to conform with the Federal-State Extended
  990  Unemployment Compensation Act of 1970, the department shall take
  991  those actions necessary to ensure that those provisions are
  992  interpreted and applied to meet the requirements of the federal
  993  act as interpreted by the United States Department of Labor and
  994  to secure for this state the full reimbursement of the federal
  995  share of extended benefits paid under this chapter which is
  996  reimbursable under the federal act.
  997         3. The department and its tax collection service provider
  998  shall comply with the regulations of the United States
  999  Department of Labor relating to the receipt or expenditure by
 1000  this state of funds granted under federal law; shall submit the
 1001  reports in the form and containing the information the United
 1002  States Department of Labor requires; and shall comply with
 1003  directions of the United States Department of Labor necessary to
 1004  assure the correctness and verification of these reports.
 1005         (b) The department and its tax collection service provider
 1006  may cooperate with every agency of the United States charged
 1007  with administration of any unemployment insurance law.
 1008         (c) The department and its tax collection service provider
 1009  shall cooperate with the agencies of other states, and shall
 1010  make every proper effort within their means, to oppose and
 1011  prevent any further action leading to the complete or
 1012  substantial federalization of state reemployment assistance
 1013  funds or state employment security programs. The department and
 1014  its tax collection service provider may make, and may cooperate
 1015  with other appropriate agencies in making, studies as to the
 1016  practicability and probable cost of possible new state
 1017  administered social security programs and the relative
 1018  desirability of state, rather than federal, action in that field
 1019  of study.
 1020         (10) EVIDENCE OF MAILING.—A mailing date on any notice,
 1021  determination, decision, order, or other document mailed by the
 1022  department or its tax collection service provider pursuant to
 1023  this chapter creates a rebuttable presumption that such notice,
 1024  determination, order, or other document was mailed on the date
 1025  indicated.
 1026         Section 17. This act shall take effect July 1, 2013.