Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 7005, 1st Eng.
       
       
       
       
       
       
                                Barcode 336278                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .            Floor: R            
             05/03/2011 04:34 PM       .      05/06/2011 09:12 PM       
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       Senator Detert moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (4) of section 213.053, Florida
    6  Statutes, is amended to read:
    7         213.053 Confidentiality and information sharing.—
    8         (4) The department, while providing unemployment tax
    9  collection services under contract with the Agency for Workforce
   10  Innovation through an interagency agreement pursuant to s.
   11  443.1316, may release unemployment tax rate information to the
   12  agent of an employer who, which agent provides payroll services
   13  for more than 100 500 employers, pursuant to the terms of a
   14  memorandum of understanding. The memorandum of understanding
   15  must state that the agent affirms, subject to the criminal
   16  penalties contained in ss. 443.171 and 443.1715, that the agent
   17  will retain the confidentiality of the information, that the
   18  agent has in effect a power of attorney from the employer which
   19  permits the agent to obtain unemployment tax rate information,
   20  and that the agent shall provide the department with a copy of
   21  the employer’s power of attorney upon request.
   22         Section 2. Section 443.031, Florida Statutes, is amended to
   23  read:
   24         443.031 Rule of liberal construction.—This chapter shall be
   25  liberally construed to accomplish its purpose to promote
   26  employment security by increasing opportunities for reemployment
   27  and to provide, through the accumulation of reserves, for the
   28  payment of compensation to individuals with respect to their
   29  unemployment. The Legislature hereby declares its intention to
   30  provide for carrying out the purposes of this chapter in
   31  cooperation with the appropriate agencies of other states and of
   32  the Federal Government as part of a nationwide employment
   33  security program, and particularly to provide for meeting the
   34  requirements of Title III, the requirements of the Federal
   35  Unemployment Tax Act, and the Wagner-Peyser Act of June 6, 1933,
   36  entitled “An Act to provide for the establishment of a national
   37  employment system and for cooperation with the states in the
   38  promotion of such system, and for other purposes,” each as
   39  amended, in order to secure for this state and its citizens the
   40  grants and privileges available under such acts. All doubts in
   41  favor of a claimant of unemployment benefits who is unemployed
   42  through no fault of his or her own. Any doubt as to the proper
   43  construction of any provision of this chapter shall be resolved
   44  in favor of conformity with such requirements federal law,
   45  including, but not limited to, the Federal Unemployment Tax Act,
   46  the Social Security Act, the Wagner-Peyser Act, and the
   47  Workforce Investment Act.
   48         Section 3. Present subsections (26) through (45) of section
   49  443.036, Florida Statutes, are renumbered as subsections (27)
   50  through (46), respectively, new subsection (26) is added to that
   51  section, and present subsections (6), (9), (29), and (43) of
   52  that section are amended, to read:
   53         443.036 Definitions.—As used in this chapter, the term:
   54         (6) “Available for work” means actively seeking and being
   55  ready and willing to accept suitable work employment.
   56         (9) “Benefit year” means, for an individual, the 1-year
   57  period beginning with the first day of the first week for which
   58  the individual first files a valid claim for benefits and,
   59  thereafter, the 1-year period beginning with the first day of
   60  the first week for which the individual next files a valid claim
   61  for benefits after the termination of his or her last preceding
   62  benefit year. Each claim for benefits made in accordance with s.
   63  443.151(2) is a valid claim under this subsection if the
   64  individual was paid wages for insured work in accordance with s.
   65  443.091(1)(g) and is unemployed as defined in subsection (43) at
   66  the time of filing the claim. However, the Agency for Workforce
   67  Innovation may adopt rules providing for the establishment of a
   68  uniform benefit year for all workers in one or more groups or
   69  classes of service or within a particular industry if the agency
   70  determines, after notice to the industry and to the workers in
   71  the industry and an opportunity to be heard in the matter, that
   72  those groups or classes of workers in a particular industry
   73  periodically experience unemployment resulting from layoffs or
   74  shutdowns for limited periods of time.
   75         (26) “Initial skills review” means an online education or
   76  training program, such as that established under s. 1004.99,
   77  that is approved by the Agency for Workforce Innovation and
   78  designed to measure an individual’s mastery level of workplace
   79  skills.
   80         (31)(29) “Misconduct,irrespective of whether the
   81  misconduct occurs at the workplace or during working hours,
   82  includes, but is not limited to, the following, which may not be
   83  construed in pari materia with each other:
   84         (a) Conduct demonstrating conscious willful or wanton
   85  disregard of an employer’s interests and found to be a
   86  deliberate violation or disregard of the reasonable standards of
   87  behavior which the employer expects has a right to expect of his
   88  or her employee.; or
   89         (b) Carelessness or negligence to a degree or recurrence
   90  that manifests culpability, or wrongful intent, or evil design
   91  or shows an intentional and substantial disregard of the
   92  employer’s interests or of the employee’s duties and obligations
   93  to his or her employer.
   94         (c) Chronic absenteeism or tardiness in deliberate
   95  violation of a known policy of the employer or one or more
   96  unapproved absences following a written reprimand or warning
   97  relating to more than one unapproved absence.
   98         (d) A willful and deliberate violation of a standard or
   99  regulation of this state by an employee of an employer licensed
  100  or certified by this state, which violation would cause the
  101  employer to be sanctioned or have its license or certification
  102  suspended by this state.
  103         (e) A violation of an employer’s rule, unless the claimant
  104  can demonstrate that:
  105         1. He or she did not know, and could not reasonably know,
  106  of the rule’s requirements;
  107         2. The rule is not lawful or not reasonably related to the
  108  job environment and performance; or
  109         3. The rule is not fairly or consistently enforced.
  110         (45)(43) “Unemployment” or “unemployed” means:
  111         (a) An individual is “totally unemployed” in any week
  112  during which he or she does not perform any services and for
  113  which earned income is not payable to him or her. An individual
  114  is “partially unemployed” in any week of less than full-time
  115  work if the earned income payable to him or her for that week is
  116  less than his or her weekly benefit amount. The Agency for
  117  Workforce Innovation may adopt rules prescribing distinctions in
  118  the procedures for unemployed individuals based on total
  119  unemployment, part-time unemployment, partial unemployment of
  120  individuals attached to their regular jobs, and other forms of
  121  short-time work.
  122         (b) An individual’s week of unemployment commences only
  123  after his or her registration with the Agency for Workforce
  124  Innovation as required in s. 443.091, except as the agency may
  125  otherwise prescribe by rule.
  126         Section 4. Effective August 1, 2011, paragraphs (b), (c),
  127  (d), and (f) of subsection (1) of section 443.091, Florida
  128  Statutes, are amended to read:
  129         443.091 Benefit eligibility conditions.—
  130         (1) An unemployed individual is eligible to receive
  131  benefits for any week only if the Agency for Workforce
  132  Innovation finds that:
  133         (b) She or he has registered with the agency for work and
  134  subsequently reports to the one-stop career center as directed
  135  by the regional workforce board for reemployment services. This
  136  requirement does not apply to persons who are:
  137         1. Non-Florida residents;
  138         2. On a temporary layoff, as defined in s. 443.036(42);
  139         3. Union members who customarily obtain employment through
  140  a union hiring hall; or
  141         4. Claiming benefits under an approved short-time
  142  compensation plan as provided in s. 443.1116.
  143         (c) To make continued claims for benefits, she or he is
  144  reporting to the Agency for Workforce Innovation in accordance
  145  with this paragraph and agency its rules, and participating in
  146  an initial skills review as directed by the agency. Agency These
  147  rules may not conflict with s. 443.111(1)(b), which requires
  148  including the requirement that each claimant continue to report
  149  regardless of any pending appeal relating to her or his
  150  eligibility or disqualification for benefits.
  151         1. For each week of unemployment claimed, each report must,
  152  at a minimum, include the name, address, and telephone number of
  153  each prospective employer contacted, or the date the claimant
  154  reported to a one-stop career center, pursuant to paragraph (d).
  155         2.The administrator or operator of the initial skills
  156  review shall notify the agency when the individual completes the
  157  initial skills review and report the results of the review to
  158  the regional workforce board or the one-stop career center as
  159  directed by the workforce board. The workforce board shall use
  160  the initial skills review to develop a plan for referring
  161  individuals to training and employment opportunities. The
  162  failure of the individual to comply with this requirement will
  163  result in the individual being determined ineligible for
  164  benefits for the week in which the noncompliance occurred and
  165  for any subsequent week of unemployment until the requirement is
  166  satisfied. However, this requirement does not apply if the
  167  individual is able to affirmatively attest to being unable to
  168  complete such review due to illiteracy or a language impediment.
  169         (d) She or he is able to work and is available for work. In
  170  order to assess eligibility for a claimed week of unemployment,
  171  the agency shall develop criteria to determine a claimant’s
  172  ability to work and availability for work. A claimant must be
  173  actively seeking work in order to be considered available for
  174  work. This means engaging in systematic and sustained efforts to
  175  find work, including contacting at least five prospective
  176  employers for each week of unemployment claimed. The agency may
  177  require the claimant to provide proof of such efforts to the
  178  one-stop career center as part of reemployment services. The
  179  agency shall conduct random reviews of work search information
  180  provided by claimants. As an alternative to contacting at least
  181  five prospective employers for any week of unemployment claimed,
  182  a claimant may, for that same week, report in person to a one
  183  stop career center to meet with a representative of the center
  184  and access reemployment services of the center. The center shall
  185  keep a record of the services or information provided to the
  186  claimant and shall provide the records to the agency upon
  187  request by the agency. However:
  188         1. Notwithstanding any other provision of this paragraph or
  189  paragraphs (b) and (e), an otherwise eligible individual may not
  190  be denied benefits for any week because she or he is in training
  191  with the approval of the agency, or by reason of s. 443.101(2)
  192  relating to failure to apply for, or refusal to accept, suitable
  193  work. Training may be approved by the agency in accordance with
  194  criteria prescribed by rule. A claimant’s eligibility during
  195  approved training is contingent upon satisfying eligibility
  196  conditions prescribed by rule.
  197         2. Notwithstanding any other provision of this chapter, an
  198  otherwise eligible individual who is in training approved under
  199  s. 236(a)(1) of the Trade Act of 1974, as amended, may not be
  200  determined ineligible or disqualified for benefits due to her or
  201  his enrollment in such training or because of leaving work that
  202  is not suitable employment to enter such training. As used in
  203  this subparagraph, the term “suitable employment” means work of
  204  a substantially equal or higher skill level than the worker’s
  205  past adversely affected employment, as defined for purposes of
  206  the Trade Act of 1974, as amended, the wages for which are at
  207  least 80 percent of the worker’s average weekly wage as
  208  determined for purposes of the Trade Act of 1974, as amended.
  209         3. Notwithstanding any other provision of this section, an
  210  otherwise eligible individual may not be denied benefits for any
  211  week because she or he is before any state or federal court
  212  pursuant to a lawfully issued summons to appear for jury duty.
  213         (f) She or he has been unemployed for a waiting period of 1
  214  week. A week may not be counted as a week of unemployment under
  215  this subsection unless:
  216         1. Unless It occurs within the benefit year that includes
  217  the week for which she or he claims payment of benefits.
  218         2. If Benefits have been paid for that week.
  219         3. Unless The individual was eligible for benefits for that
  220  week as provided in this section and s. 443.101, except for the
  221  requirements of this subsection and of s. 443.101(5).
  222         Section 5. Effective August 1, 2011, paragraph (a) of
  223  subsection (1) and subsections (2), (3), and (9) of section
  224  443.101, Florida Statutes, are amended, and subsection (12) is
  225  added to that section, to read:
  226         443.101 Disqualification for benefits.—An individual shall
  227  be disqualified for benefits:
  228         (1)(a) For the week in which he or she has voluntarily left
  229  work without good cause attributable to his or her employing
  230  unit or in which the individual has been discharged by the
  231  employing unit for misconduct connected with his or her work,
  232  based on a finding by the Agency for Workforce Innovation. As
  233  used in this paragraph, the term “work” means any work, whether
  234  full-time, part-time, or temporary.
  235         1. Disqualification for voluntarily quitting continues for
  236  the full period of unemployment next ensuing after the
  237  individual has left his or her full-time, part-time, or
  238  temporary work voluntarily without good cause and until the
  239  individual has earned income equal to or greater than in excess
  240  of 17 times his or her weekly benefit amount. As used in this
  241  subsection, the term “good cause” includes only that cause
  242  attributable to the employing unit which would compel a
  243  reasonable employee to cease working or attributable to which
  244  consists of the individual’s illness or disability requiring
  245  separation from his or her work. Any other disqualification may
  246  not be imposed. An individual is not disqualified under this
  247  subsection for voluntarily leaving temporary work to return
  248  immediately when called to work by the permanent employing unit
  249  that temporarily terminated his or her work within the previous
  250  6 calendar months, or. An individual is not disqualified under
  251  this subsection for voluntarily leaving work to relocate as a
  252  result of his or her military-connected spouse’s permanent
  253  change of station orders, activation orders, or unit deployment
  254  orders.
  255         2. Disqualification for being discharged for misconduct
  256  connected with his or her work continues for the full period of
  257  unemployment next ensuing after having been discharged and until
  258  the individual is reemployed and has earned income of at least
  259  17 times his or her weekly benefit amount and for not more than
  260  52 weeks that immediately following follow that week, as
  261  determined by the agency in each case according to the
  262  circumstances in each case or the seriousness of the misconduct,
  263  under the agency’s rules adopted for determinations of
  264  disqualification for benefits for misconduct.
  265         3. If an individual has provided notification to the
  266  employing unit of his or her intent to voluntarily leave work
  267  and the employing unit discharges the individual for reasons
  268  other than misconduct before the date the voluntary quit was to
  269  take effect, the individual, if otherwise entitled, shall
  270  receive benefits from the date of the employer’s discharge until
  271  the effective date of his or her voluntary quit.
  272         4. If an individual is notified by the employing unit of
  273  the employer’s intent to discharge the individual for reasons
  274  other than misconduct and the individual quits without good
  275  cause, as defined in this section, before the date the discharge
  276  was to take effect, the claimant is ineligible for benefits
  277  pursuant to s. 443.091(1)(d) for failing to be available for
  278  work for the week or weeks of unemployment occurring before the
  279  effective date of the discharge.
  280         (2) If the Agency for Workforce Innovation finds that the
  281  individual has failed without good cause to apply for available
  282  suitable work when directed by the agency or the one-stop career
  283  center, to accept suitable work when offered to him or her, or
  284  to return to the individual’s customary self-employment when
  285  directed by the agency, the disqualification continues for the
  286  full period of unemployment next ensuing after he or she failed
  287  without good cause to apply for available suitable work, to
  288  accept suitable work, or to return to his or her customary self
  289  employment, under this subsection, and until the individual has
  290  earned income of at least 17 times his or her weekly benefit
  291  amount. The Agency for Workforce Innovation shall by rule adopt
  292  criteria for determining the “suitability of work,” as used in
  293  this section. The Agency for Workforce Innovation In developing
  294  these rules, the agency shall consider the duration of a
  295  claimant’s unemployment in determining the suitability of work
  296  and the suitability of proposed rates of compensation for
  297  available work. Further, after an individual has received 25
  298  weeks of benefits in a single year, suitable work is a job that
  299  pays the minimum wage and is 120 percent or more of the weekly
  300  benefit amount the individual is drawing.
  301         (a) In determining whether or not any work is suitable for
  302  an individual, the Agency for Workforce Innovation shall
  303  consider the degree of risk involved to the individual’s his or
  304  her health, safety, and morals; the individual’s his or her
  305  physical fitness, and prior training,; the individual’s
  306  experience, and prior earnings,; his or her length of
  307  unemployment, and prospects for securing local work in his or
  308  her customary occupation; and the distance of the available work
  309  from his or her residence.
  310         (b) Notwithstanding any other provisions of this chapter,
  311  work is not deemed suitable and benefits may not be denied under
  312  this chapter to any otherwise eligible individual for refusing
  313  to accept new work under any of the following conditions:
  314         1. If The position offered is vacant due directly to a
  315  strike, lockout, or other labor dispute.
  316         2. If The wages, hours, or other conditions of the work
  317  offered are substantially less favorable to the individual than
  318  those prevailing for similar work in the locality.
  319         3. If As a condition of being employed, the individual is
  320  would be required to join a company union or to resign from or
  321  refrain from joining any bona fide labor organization.
  322         (c) If the Agency for Workforce Innovation finds that an
  323  individual was rejected for offered employment as the direct
  324  result of a positive, confirmed drug test required as a
  325  condition of employment, the individual is disqualified for
  326  refusing to accept an offer of suitable work.
  327         (3) For any week with respect to which he or she is
  328  receiving or has received remuneration in the form of:
  329         (a) Wages in lieu of notice.
  330         (b) Severance pay. The number of weeks that an individual’s
  331  severance pay disqualifies the individual is equal to the amount
  332  of the severance pay divided by that individual’s average weekly
  333  wage received from the employer that paid the severance pay,
  334  rounded down to the nearest whole number, beginning with the
  335  week the individual is separated from employment.
  336         (c)(b)1. Compensation for temporary total disability or
  337  permanent total disability under the workers’ compensation law
  338  of any state or under a similar law of the United States.
  339  
  340  2. However, If the remuneration referred to in this subsection
  341  paragraphs (a) and (b) is less than the benefits that would
  342  otherwise be due under this chapter, an individual who is
  343  otherwise eligible he or she is entitled to receive for that
  344  week, if otherwise eligible, benefits reduced by the amount of
  345  the remuneration.
  346         (9) If the individual was terminated from his or her work
  347  for violation of any criminal law punishable by imprisonment, or
  348  for any dishonest act, in connection with his or her work, as
  349  follows:
  350         (a) If the Agency for Workforce Innovation or the
  351  Unemployment Appeals Commission finds that the individual was
  352  terminated from his or her work for violation of any criminal
  353  law, under any jurisdiction, which was punishable by
  354  imprisonment in connection with his or her work, and the
  355  individual was convicted found guilty of the offense, made an
  356  admission of guilt in a court of law, or entered a plea of
  357  guilty or nolo contendere no contest, the individual is not
  358  entitled to unemployment benefits for up to 52 weeks, pursuant
  359  to under rules adopted by the agency for Workforce Innovation,
  360  and until he or she has earned income of at least 17 times his
  361  or her weekly benefit amount. If, before an adjudication of
  362  guilt, an admission of guilt, or a plea of nolo contendere no
  363  contest, the employer proves by competent substantial evidence
  364  to shows the agency for Workforce Innovation that the arrest was
  365  due to a crime against the employer or the employer’s business,
  366  customers, or invitees and, after considering all the evidence,
  367  the Agency for Workforce Innovation finds misconduct in
  368  connection with the individual’s work, the individual is not
  369  entitled to unemployment benefits.
  370         (b) If the Agency for Workforce Innovation or the
  371  Unemployment Appeals Commission finds that the individual was
  372  terminated from work for any dishonest act in connection with
  373  his or her work, the individual is not entitled to unemployment
  374  benefits for up to 52 weeks, pursuant to under rules adopted by
  375  the Agency for Workforce Innovation, and until he or she has
  376  earned income of at least 17 times his or her weekly benefit
  377  amount. In addition, If the employer terminates an individual as
  378  a result of a dishonest act in connection with his or her work
  379  and the Agency for Workforce Innovation finds misconduct in
  380  connection with his or her work, the individual is not entitled
  381  to unemployment benefits.
  382  
  383  If With respect to an individual is disqualified for benefits,
  384  the account of the terminating employer, if the employer is in
  385  the base period, is noncharged at the time the disqualification
  386  is imposed.
  387         (12) For any week in which the individual is unavailable
  388  for work due to incarceration or imprisonment.
  389         Section 6. Effective August 1, 2011, subsection (1) of
  390  section 443.111, Florida Statutes, is amended to read:
  391         443.111 Payment of benefits.—
  392         (1) MANNER OF PAYMENT.—Benefits are payable from the fund
  393  in accordance with rules adopted by the Agency for Workforce
  394  Innovation, subject to the following requirements:
  395         (a) Benefits are payable by mail or electronically, except
  396  that an individual being paid by paper warrant on July 1, 2011,
  397  may continue to be paid in that manner until the expiration of
  398  the claim. Notwithstanding s. 409.942(4), the agency may develop
  399  a system for the payment of benefits by electronic funds
  400  transfer, including, but not limited to, debit cards, electronic
  401  payment cards, or any other means of electronic payment that the
  402  agency deems to be commercially viable or cost-effective.
  403  Commodities or services related to the development of such a
  404  system shall be procured by competitive solicitation, unless
  405  they are purchased from a state term contract pursuant to s.
  406  287.056. The agency shall adopt rules necessary to administer
  407  this paragraph the system.
  408         (b) As required under s. 443.091(1), each claimant must
  409  report in the manner prescribed by the agency for Workforce
  410  Innovation to certify for benefits that are paid and must
  411  continue to report at least biweekly to receive unemployment
  412  benefits and to attest to the fact that she or he is able and
  413  available for work, has not refused suitable work, is seeking
  414  work and has contacted at least five prospective employers or
  415  reported in person to a one-stop career center for reemployment
  416  services for each week of unemployment claimed, and, if she or
  417  he has worked, to report earnings from that work. Each claimant
  418  must continue to report regardless of any appeal or pending
  419  appeal relating to her or his eligibility or disqualification
  420  for benefits.
  421         Section 7. Effective July 1, 2011, paragraph (a) of
  422  subsection (1) and paragraph (f) of subsection (13) of section
  423  443.1216, Florida Statutes, are amended to read:
  424         443.1216 Employment.—Employment, as defined in s. 443.036,
  425  is subject to this chapter under the following conditions:
  426         (1)(a) The employment subject to this chapter includes a
  427  service performed, including a service performed in interstate
  428  commerce, by:
  429         1. An officer of a corporation.
  430         2. An individual who, under the usual common-law rules
  431  applicable in determining the employer-employee relationship, is
  432  an employee. However, if whenever a client, as defined in s.
  433  443.036(18), which would otherwise be designated as an employing
  434  unit, has contracted with an employee leasing company to supply
  435  it with workers, those workers are considered employees of the
  436  employee leasing company and must be reported under the leasing
  437  company’s tax identification number and contribution rate for
  438  work performed for the leasing company.
  439         a. However, except for the internal employees of an
  440  employee leasing company, a leasing company may make a one-time
  441  election to report and pay contributions under the client
  442  method. Under the client method, a leasing company must assign
  443  leased employees to the client company that is leasing the
  444  employees. The client method is solely a method to report and
  445  pay unemployment contributions. For all other purposes, the
  446  leased employees are considered employees of the employee
  447  leasing company. A leasing company that elects the client method
  448  shall pay contributions at the rates assigned to each client
  449  company.
  450         (I) The election applies to all of the leasing company’s
  451  current and future clients.
  452         (II) The leasing company must notify the Agency for
  453  Workforce Innovation or the tax collection service provider of
  454  its election by August 1 of the calendar year prior to the year
  455  the election will go into effect, and such election applies to
  456  reports and contributions beginning the first quarter of the
  457  calendar year following the election. The notification must
  458  include:
  459         (A) A list of each client company and its unemployment
  460  account number;
  461         (B)A list of each client company’s current and previous
  462  employees and their respective social security numbers for the
  463  prior 3 state fiscal years; and
  464         (C)All wage data and benefit charges for the prior 3 state
  465  fiscal years.
  466         (III) Subsequent to such election, the employee leasing
  467  company may not change its reporting method.
  468         (IV)The employee leasing company must, by approved
  469  electronic means, file a Florida Department of Revenue
  470  Employer’s Quarterly Report (UCT-6) for each client company and
  471  pay all contributions.
  472         (V) For the purposes of calculating experience rates, the
  473  election is treated like a total or partial succession,
  474  depending on the percentage of employees leased. If the client
  475  company leases only a portion of its employees from the leasing
  476  company, the client company shall continue to report the
  477  nonleased employees under its tax rate based on the experience
  478  of the nonleased employees.
  479         (VI) A leasing company that that elects to report and pay
  480  contributions under the client method is not required to submit
  481  quarterly Multiple Worksite Reports required by sub
  482  subparagraphs c. and d.
  483         (VII) This sub-subparagraph applies to all employee leasing
  484  companies, including each leasing company that is a group member
  485  or group leader of an employee leasing company group licensed
  486  pursuant to chapter 468. The election is binding on all employee
  487  leasing companies and their related enterprises, subsidiaries,
  488  or other entities that share common ownership, management, or
  489  control with the leasing company. The election is also binding
  490  on all clients of the leasing company for as long as a written
  491  agreement is in effect between the client and the leasing
  492  company pursuant to s. 468.525(3)(a). If the relationship
  493  between the leasing company and the client terminates, the
  494  client retains the wage and benefit history experienced under
  495  the leasing company.
  496         b. An employee leasing company may lease corporate officers
  497  of the client to the client and other workers to the client,
  498  except as prohibited by regulations of the Internal Revenue
  499  Service. Employees of an employee leasing company must be
  500  reported under the employee leasing company’s tax identification
  501  number and contribution rate for work performed for the employee
  502  leasing company.
  503         c.a. In addition to any other report required to be filed
  504  by law, an employee leasing company shall submit a report to the
  505  Labor Market Statistics Center within the Agency for Workforce
  506  Innovation which includes each client establishment and each
  507  establishment of the employee leasing company, or as otherwise
  508  directed by the agency. The report must include the following
  509  information for each establishment:
  510         (I) The trade or establishment name;
  511         (II) The former unemployment compensation account number,
  512  if available;
  513         (III) The former federal employer’s identification number
  514  (FEIN), if available;
  515         (IV) The industry code recognized and published by the
  516  United States Office of Management and Budget, if available;
  517         (V) A description of the client’s primary business activity
  518  in order to verify or assign an industry code;
  519         (VI) The address of the physical location;
  520         (VII) The number of full-time and part-time employees who
  521  worked during, or received pay that was subject to unemployment
  522  compensation taxes for, the pay period including the 12th of the
  523  month for each month of the quarter;
  524         (VIII) The total wages subject to unemployment compensation
  525  taxes paid during the calendar quarter;
  526         (IX) An internal identification code to uniquely identify
  527  each establishment of each client;
  528         (X) The month and year that the client entered into the
  529  contract for services; and
  530         (XI) The month and year that the client terminated the
  531  contract for services.
  532         d.b. The report shall be submitted electronically or in a
  533  manner otherwise prescribed by the Agency for Workforce
  534  Innovation in the format specified by the Bureau of Labor
  535  Statistics of the United States Department of Labor for its
  536  Multiple Worksite Report for Professional Employer
  537  Organizations. The report must be provided quarterly to the
  538  Labor Market Statistics Center within the agency for Workforce
  539  Innovation, or as otherwise directed by the agency, and must be
  540  filed by the last day of the month immediately following the end
  541  of the calendar quarter. The information required in sub-sub
  542  subparagraphs c.(X) and (XI) a.(X) and (XI) need be provided
  543  only in the quarter in which the contract to which it relates
  544  was entered into or terminated. The sum of the employment data
  545  and the sum of the wage data in this report must match the
  546  employment and wages reported in the unemployment compensation
  547  quarterly tax and wage report. A report is not required for any
  548  calendar quarter preceding the third calendar quarter of 2010.
  549         e.c. The Agency for Workforce Innovation shall adopt rules
  550  as necessary to administer this subparagraph, and may
  551  administer, collect, enforce, and waive the penalty imposed by
  552  s. 443.141(1)(b) for the report required by this subparagraph.
  553         f.d. For the purposes of this subparagraph, the term
  554  “establishment” means any location where business is conducted
  555  or where services or industrial operations are performed.
  556         3. An individual other than an individual who is an
  557  employee under subparagraph 1. or subparagraph 2., who performs
  558  services for remuneration for any person:
  559         a. As an agent-driver or commission-driver engaged in
  560  distributing meat products, vegetable products, fruit products,
  561  bakery products, beverages other than milk, or laundry or
  562  drycleaning services for his or her principal.
  563         b. As a traveling or city salesperson engaged on a full
  564  time basis in the solicitation on behalf of, and the
  565  transmission to, his or her principal of orders from
  566  wholesalers, retailers, contractors, or operators of hotels,
  567  restaurants, or other similar establishments for merchandise for
  568  resale or supplies for use in their business operations. This
  569  sub-subparagraph does not apply to an agent-driver or a
  570  commission-driver and does not apply to sideline sales
  571  activities performed on behalf of a person other than the
  572  salesperson’s principal.
  573         4. The services described in subparagraph 3. are employment
  574  subject to this chapter only if:
  575         a. The contract of service contemplates that substantially
  576  all of the services are to be performed personally by the
  577  individual;
  578         b. The individual does not have a substantial investment in
  579  facilities used in connection with the services, other than
  580  facilities used for transportation; and
  581         c. The services are not in the nature of a single
  582  transaction that is not part of a continuing relationship with
  583  the person for whom the services are performed.
  584         (13) The following are exempt from coverage under this
  585  chapter:
  586         (f) Service performed in the employ of a public employer as
  587  defined in s. 443.036, except as provided in subsection (2), and
  588  service performed in the employ of an instrumentality of a
  589  public employer as described in s. 443.036(37)(b)(35)(b) or (c),
  590  to the extent that the instrumentality is immune under the
  591  United States Constitution from the tax imposed by s. 3301 of
  592  the Internal Revenue Code for that service.
  593         Section 8. Effective January 1, 2012, subsection (5) of
  594  section 443.111, Florida Statutes, is amended to read:
  595         443.111 Payment of benefits.—
  596         (5) DURATION OF BENEFITS.—
  597         (a) As used in this section, the term “Florida average
  598  unemployment rate” means the average of the 3 months for the
  599  most recent third calendar year quarter of the seasonally
  600  adjusted statewide unemployment rates as published by the Agency
  601  for Workforce Innovation.
  602         (b)1. Each otherwise eligible individual is entitled during
  603  any benefit year to a total amount of benefits equal to 25
  604  percent of the total wages in his or her base period, not to
  605  exceed $7,150 or the product arrived at by multiplying the
  606  weekly benefit amount with the number of weeks determined in
  607  paragraph (c), whichever is less. However, the total amount of
  608  benefits, if not a multiple of $1, is rounded downward to the
  609  nearest full dollar amount. These benefits are payable at a
  610  weekly rate no greater than the weekly benefit amount.
  611         (c) For claims submitted during a calendar year, the
  612  duration of benefits is limited to:
  613         1. Twelve weeks if this state’s average unemployment rate
  614  is at or below 5 percent.
  615         2. An additional week in addition to the 12 weeks for each
  616  0.5 percent increment in this state’s average unemployment rate
  617  above 5 percent.
  618         3. Up to a maximum of 26 weeks if this state’s average
  619  unemployment rate equals or exceeds 12 percent.
  620         (d)2. For the purposes of this subsection, wages are
  621  counted as “wages for insured work” for benefit purposes with
  622  respect to any benefit year only if the benefit year begins
  623  after the date the employing unit by whom the wages were paid
  624  has satisfied the conditions of this chapter for becoming an
  625  employer.
  626         (e)(b) If the remuneration of an individual is not based
  627  upon a fixed period or duration of time or if the individual’s
  628  wages are paid at irregular intervals or in a manner that does
  629  not extend regularly over the period of employment, the wages
  630  for any week or for any calendar quarter for the purpose of
  631  computing an individual’s right to employment benefits only are
  632  determined in the manner prescribed by rule. These rules, to the
  633  extent practicable, must secure results reasonably similar to
  634  those that would prevail if the individual were paid her or his
  635  wages at regular intervals.
  636         Section 9.  Effective January 1, 2012, paragraph (b) of
  637  subsection (2) of section 443.041, Florida Statutes, is amended
  638  to read:
  639         443.041 Waiver of rights; fees; privileged communications.—
  640         (2) FEES.—
  641         (b) An attorney at law representing a claimant for benefits
  642  in any district court of appeal of this state or in the Supreme
  643  Court of Florida is entitled to counsel fees payable by the
  644  Agency for Workforce Innovation as set by the court if the
  645  petition for review or appeal is initiated by the claimant and
  646  results in a decision awarding more benefits than provided in
  647  the decision from which appeal was taken. The amount of the fee
  648  may not exceed 50 percent of the total amount of regular
  649  benefits permitted under s. 443.111(5)(b)(a) during the benefit
  650  year.
  651         Section 10. Effective upon this act becoming a law, for tax
  652  rates effective on or after January 1, 2012, paragraphs (b) and
  653  (e) of subsection (3) of section 443.131, Florida Statutes, are
  654  amended to read:
  655         443.131 Contributions.—
  656         (3) VARIATION OF CONTRIBUTION RATES BASED ON BENEFIT
  657  EXPERIENCE.—
  658         (b) Benefit ratio.—
  659         1. As used in this paragraph, the term “annual payroll”
  660  means the calendar quarter taxable payroll reported to the tax
  661  collection service provider for the quarters used in computing
  662  the benefit ratio. The term does not include a penalty resulting
  663  from the untimely filing of required wage and tax reports. All
  664  of the taxable payroll reported to the tax collection service
  665  provider by the end of the quarter preceding the quarter for
  666  which the contribution rate is to be computed must be used in
  667  the computation.
  668         2. As used in this paragraph, the term “benefits charged to
  669  the employer’s employment record” means the amount of benefits
  670  paid to individuals multiplied by:
  671         a. For benefits paid prior to July 1, 2007, 1.
  672         b. For benefits paid during the period beginning on July 1,
  673  2007, and ending March 31, 2011, 0.90.
  674         c. For benefits paid after March 31, 2011, 1.
  675         3.2. For each calendar year, the tax collection service
  676  provider shall compute a benefit ratio for each employer whose
  677  employment record was chargeable for benefits during the 12
  678  consecutive quarters ending June 30 of the calendar year
  679  preceding the calendar year for which the benefit ratio is
  680  computed. An employer’s benefit ratio is the quotient obtained
  681  by dividing the total benefits charged to the employer’s
  682  employment record during the 3-year period ending June 30 of the
  683  preceding calendar year by the total of the employer’s annual
  684  payroll for the 3-year period ending June 30 of the preceding
  685  calendar year. The benefit ratio shall be computed to the fifth
  686  decimal place and rounded to the fourth decimal place.
  687         4.3. The tax collection service provider shall compute a
  688  benefit ratio for each employer who was not previously eligible
  689  under subparagraph 3. 2., whose contribution rate is set at the
  690  initial contribution rate in paragraph (2)(a), and whose
  691  employment record was chargeable for benefits during at least 8
  692  calendar quarters immediately preceding the calendar quarter for
  693  which the benefit ratio is computed. The employer’s benefit
  694  ratio is the quotient obtained by dividing the total benefits
  695  charged to the employer’s employment record during the first 6
  696  of the 8 completed calendar quarters immediately preceding the
  697  calendar quarter for which the benefit ratio is computed by the
  698  total of the employer’s annual payroll during the first 7 of the
  699  9 completed calendar quarters immediately preceding the calendar
  700  quarter for which the benefit ratio is computed. The benefit
  701  ratio shall be computed to the fifth decimal place and rounded
  702  to the fourth decimal place and applies for the remainder of the
  703  calendar year. The employer must subsequently be rated on an
  704  annual basis using up to 12 calendar quarters of benefits
  705  charged and up to 12 calendar quarters of annual payroll. That
  706  employer’s benefit ratio is the quotient obtained by dividing
  707  the total benefits charged to the employer’s employment record
  708  by the total of the employer’s annual payroll during the
  709  quarters used in his or her first computation plus the
  710  subsequent quarters reported through June 30 of the preceding
  711  calendar year. Each subsequent calendar year, the rate shall be
  712  computed under subparagraph 3. 2. The tax collection service
  713  provider shall assign a variation from the standard rate of
  714  contributions in paragraph (c) on a quarterly basis to each
  715  eligible employer in the same manner as an assignment for a
  716  calendar year under paragraph (e).
  717         (e) Assignment of variations from the standard rate.—
  718         1. As used in this paragraph, the terms “total benefit
  719  payments,” “benefits paid to an individual,” and “benefits
  720  charged to the employment record of an employer” mean the amount
  721  of benefits paid to individuals multiplied by:
  722         a. For benefits paid prior to July 1, 2007, 1.
  723         b. For benefits paid during the period beginning on July 1,
  724  2007, and ending March 31, 2011, 0.90.
  725         c. For benefits paid after March 31, 2011, 1.
  726         2. For the calculation of contribution rates effective
  727  January 1, 2010, and thereafter:
  728         a.1. The tax collection service provider shall assign a
  729  variation from the standard rate of contributions for each
  730  calendar year to each eligible employer. In determining the
  731  contribution rate, varying from the standard rate to be assigned
  732  each employer, adjustment factors computed under sub-sub
  733  subparagraphs (I)-(IV) sub-subparagraphs a.-d. are added to the
  734  benefit ratio. This addition shall be accomplished in two steps
  735  by adding a variable adjustment factor and a final adjustment
  736  factor. The sum of these adjustment factors computed under sub
  737  sub-subparagraphs (I)-(IV) sub-subparagraphs a.-d. shall first
  738  be algebraically summed. The sum of these adjustment factors
  739  shall next be divided by a gross benefit ratio determined as
  740  follows: Total benefit payments for the 3-year period described
  741  in subparagraph (b)3. (b)2. are charged to employers eligible
  742  for a variation from the standard rate, minus excess payments
  743  for the same period, divided by taxable payroll entering into
  744  the computation of individual benefit ratios for the calendar
  745  year for which the contribution rate is being computed. The
  746  ratio of the sum of the adjustment factors computed under sub
  747  sub-subparagraphs (I)-(IV) sub-subparagraphs a.-d. to the gross
  748  benefit ratio is multiplied by each individual benefit ratio
  749  that is less than the maximum contribution rate to obtain
  750  variable adjustment factors; except that if the sum of an
  751  employer’s individual benefit ratio and variable adjustment
  752  factor exceeds the maximum contribution rate, the variable
  753  adjustment factor is reduced in order for the sum to equal the
  754  maximum contribution rate. The variable adjustment factor for
  755  each of these employers is multiplied by his or her taxable
  756  payroll entering into the computation of his or her benefit
  757  ratio. The sum of these products is divided by the taxable
  758  payroll of the employers who entered into the computation of
  759  their benefit ratios. The resulting ratio is subtracted from the
  760  sum of the adjustment factors computed under sub-sub
  761  subparagraphs (I)-(IV) sub-subparagraphs a.-d. to obtain the
  762  final adjustment factor. The variable adjustment factors and the
  763  final adjustment factor must be computed to five decimal places
  764  and rounded to the fourth decimal place. This final adjustment
  765  factor is added to the variable adjustment factor and benefit
  766  ratio of each employer to obtain each employer’s contribution
  767  rate. An employer’s contribution rate may not, however, be
  768  rounded to less than 0.1 percent.
  769         (I)a. An adjustment factor for noncharge benefits is
  770  computed to the fifth decimal place and rounded to the fourth
  771  decimal place by dividing the amount of noncharge benefits
  772  during the 3-year period described in subparagraph (b)3. (b)2.
  773  by the taxable payroll of employers eligible for a variation
  774  from the standard rate who have a benefit ratio for the current
  775  year which is less than the maximum contribution rate. For
  776  purposes of computing this adjustment factor, the taxable
  777  payroll of these employers is the taxable payrolls for the 3
  778  years ending June 30 of the current calendar year as reported to
  779  the tax collection service provider by September 30 of the same
  780  calendar year. As used in this sub-sub-subparagraph sub
  781  subparagraph, the term “noncharge benefits” means benefits paid
  782  to an individual from the Unemployment Compensation Trust Fund,
  783  but which were not charged to the employment record of any
  784  employer.
  785         (II)b. An adjustment factor for excess payments is computed
  786  to the fifth decimal place, and rounded to the fourth decimal
  787  place by dividing the total excess payments during the 3-year
  788  period described in subparagraph (b)3. (b)2. by the taxable
  789  payroll of employers eligible for a variation from the standard
  790  rate who have a benefit ratio for the current year which is less
  791  than the maximum contribution rate. For purposes of computing
  792  this adjustment factor, the taxable payroll of these employers
  793  is the same figure used to compute the adjustment factor for
  794  noncharge benefits under sub-sub-subparagraph (I) sub
  795  subparagraph a. As used in this sub-subparagraph, the term
  796  “excess payments” means the amount of benefits charged to the
  797  employment record of an employer during the 3-year period
  798  described in subparagraph (b)3. (b)2., less the product of the
  799  maximum contribution rate and the employer’s taxable payroll for
  800  the 3 years ending June 30 of the current calendar year as
  801  reported to the tax collection service provider by September 30
  802  of the same calendar year. As used in this sub-sub-subparagraph
  803  sub-subparagraph, the term “total excess payments” means the sum
  804  of the individual employer excess payments for those employers
  805  that were eligible for assignment of a contribution rate
  806  different from the standard rate.
  807         (III)c. With respect to computing a positive adjustment
  808  factor:
  809         (A)(I) Beginning January 1, 2012, if the balance of the
  810  Unemployment Compensation Trust Fund on September 30 of the
  811  calendar year immediately preceding the calendar year for which
  812  the contribution rate is being computed is less than 4 percent
  813  of the taxable payrolls for the year ending June 30 as reported
  814  to the tax collection service provider by September 30 of that
  815  calendar year, a positive adjustment factor shall be computed.
  816  The positive adjustment factor is computed annually to the fifth
  817  decimal place and rounded to the fourth decimal place by
  818  dividing the sum of the total taxable payrolls for the year
  819  ending June 30 of the current calendar year as reported to the
  820  tax collection service provider by September 30 of that calendar
  821  year into a sum equal to one-third of the difference between the
  822  balance of the fund as of September 30 of that calendar year and
  823  the sum of 5 percent of the total taxable payrolls for that
  824  year. The positive adjustment factor remains in effect for
  825  subsequent years until the balance of the Unemployment
  826  Compensation Trust Fund as of September 30 of the year
  827  immediately preceding the effective date of the contribution
  828  rate equals or exceeds 5 percent of the taxable payrolls for the
  829  year ending June 30 of the current calendar year as reported to
  830  the tax collection service provider by September 30 of that
  831  calendar year.
  832         (B)(II) Beginning January 1, 2015, and for each year
  833  thereafter, the positive adjustment shall be computed by
  834  dividing the sum of the total taxable payrolls for the year
  835  ending June 30 of the current calendar year as reported to the
  836  tax collection service provider by September 30 of that calendar
  837  year into a sum equal to one-fourth of the difference between
  838  the balance of the fund as of September 30 of that calendar year
  839  and the sum of 5 percent of the total taxable payrolls for that
  840  year. The positive adjustment factor remains in effect for
  841  subsequent years until the balance of the Unemployment
  842  Compensation Trust Fund as of September 30 of the year
  843  immediately preceding the effective date of the contribution
  844  rate equals or exceeds 4 percent of the taxable payrolls for the
  845  year ending June 30 of the current calendar year as reported to
  846  the tax collection service provider by September 30 of that
  847  calendar year.
  848         (IV)d. If, beginning January 1, 2015, and each year
  849  thereafter, the balance of the Unemployment Compensation Trust
  850  Fund as of September 30 of the year immediately preceding the
  851  calendar year for which the contribution rate is being computed
  852  exceeds 5 percent of the taxable payrolls for the year ending
  853  June 30 of the current calendar year as reported to the tax
  854  collection service provider by September 30 of that calendar
  855  year, a negative adjustment factor must be computed. The
  856  negative adjustment factor shall be computed annually beginning
  857  on January 1, 2015, and each year thereafter, to the fifth
  858  decimal place and rounded to the fourth decimal place by
  859  dividing the sum of the total taxable payrolls for the year
  860  ending June 30 of the current calendar year as reported to the
  861  tax collection service provider by September 30 of the calendar
  862  year into a sum equal to one-fourth of the difference between
  863  the balance of the fund as of September 30 of the current
  864  calendar year and 5 percent of the total taxable payrolls of
  865  that year. The negative adjustment factor remains in effect for
  866  subsequent years until the balance of the Unemployment
  867  Compensation Trust Fund as of September 30 of the year
  868  immediately preceding the effective date of the contribution
  869  rate is less than 5 percent, but more than 4 percent of the
  870  taxable payrolls for the year ending June 30 of the current
  871  calendar year as reported to the tax collection service provider
  872  by September 30 of that calendar year. The negative adjustment
  873  authorized by this section is suspended in any calendar year in
  874  which repayment of the principal amount of an advance received
  875  from the federal Unemployment Compensation Trust Fund under 42
  876  U.S.C. s. 1321 is due to the Federal Government.
  877         (V)e. The maximum contribution rate that may be assigned to
  878  an employer is 5.4 percent, except employers participating in an
  879  approved short-time compensation plan may be assigned a maximum
  880  contribution rate that is 1 percent greater than the maximum
  881  contribution rate for other employers in any calendar year in
  882  which short-time compensation benefits are charged to the
  883  employer’s employment record.
  884         (VI)f. As used in this subsection, “taxable payroll” shall
  885  be determined by excluding any part of the remuneration paid to
  886  an individual by an employer for employment during a calendar
  887  year in excess of the first $7,000. Beginning January 1, 2012,
  888  “taxable payroll” shall be determined by excluding any part of
  889  the remuneration paid to an individual by an employer for
  890  employment during a calendar year as described in s.
  891  443.1217(2). For the purposes of the employer rate calculation
  892  that will take effect in January 1, 2012, and in January 1,
  893  2013, the tax collection service provider shall use the data
  894  available for taxable payroll from 2009 based on excluding any
  895  part of the remuneration paid to an individual by an employer
  896  for employment during a calendar year in excess of the first
  897  $7,000, and from 2010 and 2011, the data available for taxable
  898  payroll based on excluding any part of the remuneration paid to
  899  an individual by an employer for employment during a calendar
  900  year in excess of the first $8,500.
  901         b.2. If the transfer of an employer’s employment record to
  902  an employing unit under paragraph (f) which, before the
  903  transfer, was an employer, the tax collection service provider
  904  shall recompute a benefit ratio for the successor employer based
  905  on the combined employment records and reassign an appropriate
  906  contribution rate to the successor employer effective on the
  907  first day of the calendar quarter immediately after the
  908  effective date of the transfer.
  909         Section 11. Present paragraph (f) of subsection (1) of
  910  section 443.141, Florida Statutes, is redesignated as paragraph
  911  (g), and new paragraph (f) is added to that subsection to read:
  912         443.141 Collection of contributions and reimbursements.—
  913         (1) PAST DUE CONTRIBUTIONS AND REIMBURSEMENTS; DELINQUENT,
  914  ERRONEOUS, INCOMPLETE, OR INSUFFICIENT REPORTS.—
  915         (f) Payments for 2012, 2013, and 2014 Contributions.-For an
  916  annual administrative fee not to exceed $5, a contributing
  917  employer may pay its quarterly contributions due for wages paid
  918  in the first three quarters of 2012, 2013, and 2014 in equal
  919  installments if those contributions are paid as follows:
  920         1. For contributions due for wages paid in the first
  921  quarter of each year, one-fourth of the contributions due must
  922  be paid on or before April 30, one-fourth must be paid on or
  923  before July 31, one-fourth must be paid on or before October 31,
  924  and one-fourth must be paid on or before December 31.
  925         2. In addition to the payments specified in subparagraph
  926  1., for contributions due for wages paid in the second quarter
  927  of each year, one-third of the contributions due must be paid on
  928  or before July 31, one-third must be paid on or before October
  929  31, and one-third must be paid on or before December 31.
  930         3. In addition to the payments specified in subparagraphs
  931  1. and 2., for contributions due for wages paid in the third
  932  quarter of each year, one-half of the contributions due must be
  933  paid on or before October 31, and one-half must be paid on or
  934  before December 31.
  935         4. The annual administrative fee assessed for electing to
  936  pay under the installment method shall be collected at the time
  937  the employer makes the first installment payment each year. The
  938  fee shall be segregated from the payment and deposited into the
  939  Operating Trust Fund of the Department of Revenue.
  940         5. Interest does not accrue on any contribution that
  941  becomes due for wages paid in the first three quarters of each
  942  year if the employer pays the contribution in accordance with
  943  subparagraphs 1.-4. Interest and fees continue to accrue on
  944  prior delinquent contributions and commence accruing on all
  945  contributions due for wages paid in the first three quarters of
  946  each year which are not paid in accordance with subparagraphs
  947  1.-3. Penalties may be assessed in accordance with this chapter.
  948  The contributions due for wages paid in the fourth quarter of
  949  2012, 2013, and 2014 are not affected by this paragraph and are
  950  due and payable in accordance with this chapter.
  951         Section 12.  Effective August 1, 2011, paragraph (a) of
  952  subsection (2) and paragraphs (b) and (e) of subsection (4) of
  953  section 443.151, Florida Statutes, are amended to read:
  954         443.151 Procedure concerning claims.—
  955         (2) FILING OF CLAIM INVESTIGATIONS; NOTIFICATION OF
  956  CLAIMANTS AND EMPLOYERS.—
  957         (a) In general.Initial and continued claims for benefits
  958  must be made by approved electronic means and in accordance with
  959  the rules adopted by the Agency for Workforce Innovation. The
  960  agency must notify claimants and employers regarding monetary
  961  and nonmonetary determinations of eligibility. Investigations of
  962  issues raised in connection with a claimant which may affect a
  963  claimant’s eligibility for benefits or charges to an employer’s
  964  employment record shall be conducted by the agency through
  965  written, telephonic, or electronic means as prescribed by rule.
  966         (4) APPEALS.—
  967         (b) Filing and hearing.—
  968         1. The claimant or any other party entitled to notice of a
  969  determination may appeal an adverse determination to an appeals
  970  referee within 20 days after the date of mailing of the notice
  971  to her or his last known address or, if the notice is not
  972  mailed, within 20 days after the date of delivering delivery of
  973  the notice.
  974         2. Unless the appeal is untimely or withdrawn or review is
  975  initiated by the commission, the appeals referee, after mailing
  976  all parties and attorneys of record a notice of hearing at least
  977  10 days before the date of hearing, notwithstanding the 14-day
  978  notice requirement in s. 120.569(2)(b), may only affirm, modify,
  979  or reverse the determination. An appeal may not be withdrawn
  980  without the permission of the appeals referee.
  981         3. However, if when an appeal appears to have been filed
  982  after the permissible time limit, the Office of Appeals may
  983  issue an order to show cause to the appellant which requires,
  984  requiring the appellant to show why the appeal should not be
  985  dismissed as untimely. If the appellant does not, within 15 days
  986  after the mailing date of the order to show cause, the appellant
  987  does not provide written evidence of timely filing or good cause
  988  for failure to appeal timely, the appeal shall be dismissed.
  989         4. If When an appeal involves a question of whether
  990  services were performed by a claimant in employment or for an
  991  employer, the referee must give special notice of the question
  992  and of the pendency of the appeal to the employing unit and to
  993  the Agency for Workforce Innovation, both of which become
  994  parties to the proceeding.
  995         5.a. Any part of the evidence may be received in written
  996  form, and all testimony of parties and witnesses shall be made
  997  under oath.
  998         b. Irrelevant, immaterial, or unduly repetitious evidence
  999  shall be excluded, but all other evidence of a type commonly
 1000  relied upon by reasonably prudent persons in the conduct of
 1001  their affairs is admissible, whether or not such evidence would
 1002  be admissible in a trial in state court.
 1003         c. Hearsay evidence may be used for the purpose of
 1004  supplementing or explaining other evidence, or to support a
 1005  finding if it would be admissible over objection in civil
 1006  actions. Notwithstanding s. 120.57(1)(c), hearsay evidence may
 1007  support a finding of fact if:
 1008         (I) The party against whom it is offered has a reasonable
 1009  opportunity to review such evidence prior to the hearing; and
 1010         (II) The appeals referee or special deputy determines,
 1011  after considering all relevant facts and circumstances, that the
 1012  evidence is trustworthy and probative and that the interests of
 1013  justice are best served by its admission into evidence.
 1014         6.5. The parties must be notified promptly of the referee’s
 1015  decision. The referee’s decision is final unless further review
 1016  is initiated under paragraph (c) within 20 days after the date
 1017  of mailing notice of the decision to the party’s last known
 1018  address or, in lieu of mailing, within 20 days after the
 1019  delivery of the notice.
 1020         (e) Judicial review.—Orders of the commission entered under
 1021  paragraph (c) are subject to review only by notice of appeal in
 1022  the district court of appeal in the appellate district in which
 1023  a claimant resides or the job separation arose or in the
 1024  appellate district where the order was issued the issues
 1025  involved were decided by an appeals referee. However, if the
 1026  notice of appeal is filed solely with the commission, the appeal
 1027  shall be filed in the district court of appeal in the appellate
 1028  district in which the order was issued. Notwithstanding chapter
 1029  120, the commission is a party respondent to every such
 1030  proceeding. The Agency for Workforce Innovation may initiate
 1031  judicial review of orders in the same manner and to the same
 1032  extent as any other party.
 1033         Section 13. Section (10) is added to section 443.171,
 1034  Florida Statutes, to read:
 1035         443.171 Agency for Workforce Innovation and commission;
 1036  powers and duties; records and reports; proceedings; state
 1037  federal cooperation.—
 1038         (10) EVIDENCE OF MAILING.—A mailing date on any notice,
 1039  determination, decision, order, or other document mailed by the
 1040  Agency for Workforce Innovation or its tax collection service
 1041  provider pursuant to this chapter creates a rebuttable
 1042  presumption that such notice, determination, order, or other
 1043  document was mailed on the date indicated.
 1044         Section 14. Notwithstanding the expiration date contained
 1045  in section 1 of chapter 2010-90, Laws of Florida, operating
 1046  retroactive to June 2, 2010, and expiring January 4, 2012,
 1047  section 443.1117, Florida Statutes, is revived, readopted, and
 1048  amended to read:
 1049         443.1117 Temporary extended benefits.—
 1050         (1) APPLICABILITY OF EXTENDED BENEFITS STATUTE.—Except if
 1051  the result is inconsistent with other provisions of this
 1052  section, s. 443.1115(2), (3), (4), (6), and (7) apply to all
 1053  claims covered by this section.
 1054         (2) DEFINITIONS.—As used in For the purposes of this
 1055  section, the term:
 1056         (a) “Regular benefits” and “extended benefits” have the
 1057  same meaning as in s. 443.1115.
 1058         (b) “Eligibility period” means the weeks in an individual’s
 1059  benefit year or emergency benefit period which begin in an
 1060  extended benefit period and, if the benefit year or emergency
 1061  benefit period ends within that extended benefit period, any
 1062  subsequent weeks beginning in that period.
 1063         (c) “Emergency benefits” means Emergency Unemployment
 1064  Compensation paid pursuant to Pub. L. No. 110-252, Pub. L. No.
 1065  110-449, Pub. L. No. 111-5, Pub. L. No. 111-92, Pub. L. No. 111
 1066  118, Pub. L. No. 111-144, and Pub. L. No. 111-157, Pub. L. No.
 1067  111-205, and Pub. L. No. 111-312.
 1068         (d) “Extended benefit period” means a period that:
 1069         1. Begins with the third week after a week for which there
 1070  is a state “on” indicator; and
 1071         2. Ends with any of the following weeks, whichever occurs
 1072  later:
 1073         a. The third week after the first week for which there is a
 1074  state “off” indicator; or
 1075         b. The 13th consecutive week of that period.
 1076  
 1077  However, an extended benefit period may not begin by reason of a
 1078  state “on” indicator before the 14th week after the end of a
 1079  prior extended benefit period that was in effect for this state.
 1080         (e) “Emergency benefit period” means the period during
 1081  which an individual receives emergency benefits as defined in
 1082  paragraph (c).
 1083         (f) “Exhaustee” means an individual who, for any week of
 1084  unemployment in her or his eligibility period:
 1085         1. Has received, before that week, all of the regular
 1086  benefits and emergency benefits, if any, available under this
 1087  chapter or any other law, including dependents’ allowances and
 1088  benefits payable to federal civilian employees and ex
 1089  servicemembers under 5 U.S.C. ss. 8501-8525, in the current
 1090  benefit year or emergency benefit period that includes that
 1091  week. For the purposes of this subparagraph, an individual has
 1092  received all of the regular benefits and emergency benefits, if
 1093  any, available even if although, as a result of a pending appeal
 1094  for wages paid for insured work which were not considered in the
 1095  original monetary determination in the benefit year, she or he
 1096  may subsequently be determined to be entitled to added regular
 1097  benefits;
 1098         2. Had a benefit year that which expired before that week,
 1099  and was paid no, or insufficient, wages for insured work on the
 1100  basis of which she or he could establish a new benefit year that
 1101  includes that week; and
 1102         3.a. Has no right to unemployment benefits or allowances
 1103  under the Railroad Unemployment Insurance Act or other federal
 1104  laws as specified in regulations issued by the United States
 1105  Secretary of Labor; and
 1106         b. Has not received and is not seeking unemployment
 1107  benefits under the unemployment compensation law of Canada; but
 1108  if an individual is seeking those benefits and the appropriate
 1109  agency finally determines that she or he is not entitled to
 1110  benefits under that law, she or he is considered an exhaustee.
 1111         (g) “State ‘on’ indicator” means, with respect to weeks of
 1112  unemployment beginning on or after February 1, 2009, and ending
 1113  on or before December 10, 2011 May 8, 2010, the occurrence of a
 1114  week in which the average total unemployment rate, seasonally
 1115  adjusted, as determined by the United States Secretary of Labor,
 1116  for the most recent 3 months for which data for all states are
 1117  published by the United States Department of Labor:
 1118         1. Equals or exceeds 110 percent of the average of those
 1119  rates for the corresponding 3-month period ending in any or all
 1120  each of the preceding 3 2 calendar years; and
 1121         2. Equals or exceeds 6.5 percent.
 1122         (h) “High unemployment period” means, with respect to weeks
 1123  of unemployment beginning on or after February 1, 2009, and
 1124  ending on or before December 10, 2011 May 8, 2010, any week in
 1125  which the average total unemployment rate, seasonally adjusted,
 1126  as determined by the United States Secretary of Labor, for the
 1127  most recent 3 months for which data for all states are published
 1128  by the United States Department of Labor:
 1129         1. Equals or exceeds 110 percent of the average of those
 1130  rates for the corresponding 3-month period ending in any or all
 1131  each of the preceding 3 2 calendar years; and
 1132         2. Equals or exceeds 8 percent.
 1133         (i) “State ‘off’ indicator” means the occurrence of a week
 1134  in which there is no state “on” indicator or which does not
 1135  constitute a high unemployment period.
 1136         (3) TOTAL EXTENDED BENEFIT AMOUNT.—Except as provided in
 1137  subsection (4):
 1138         (a) For any week for which there is an “on” indicator
 1139  pursuant to paragraph (2)(g), the total extended benefit amount
 1140  payable to an eligible individual for her or his applicable
 1141  benefit year is the lesser of:
 1142         1. Fifty percent of the total regular benefits payable
 1143  under this chapter in the applicable benefit year; or
 1144         2. Thirteen times the weekly benefit amount payable under
 1145  this chapter for a week of total unemployment in the applicable
 1146  benefit year.
 1147         (b) For any high unemployment period, the total extended
 1148  benefit amount payable to an eligible individual for her or his
 1149  applicable benefit year is the lesser of:
 1150         1. Eighty percent of the total regular benefits payable
 1151  under this chapter in the applicable benefit year; or
 1152         2. Twenty times the weekly benefit amount payable under
 1153  this chapter for a week of total unemployment in the applicable
 1154  benefit year.
 1155         (4) EFFECT ON TRADE READJUSTMENT.—Notwithstanding any other
 1156  provision of this chapter, if the benefit year of an individual
 1157  ends within an extended benefit period, the number of weeks of
 1158  extended benefits the individual is entitled to receive in that
 1159  extended benefit period for weeks of unemployment beginning
 1160  after the end of the benefit year, except as provided in this
 1161  section, is reduced, but not to below zero, by the number of
 1162  weeks for which the individual received, within that benefit
 1163  year, trade readjustment allowances under the Trade Act of 1974,
 1164  as amended.
 1165         Section 15. The provisions of s. 443.1117, Florida
 1166  Statutes, as revived, readopted, and amended by this act, apply
 1167  only to claims for weeks of unemployment in which an exhaustee
 1168  establishes entitlement to extended benefits pursuant to that
 1169  section which are established for the period between June 2,
 1170  2010, and January 4, 2012.
 1171         Section 16. If any provision of this act or its application
 1172  to any person or circumstance is held invalid, the invalidity
 1173  does not affect other provisions or applications of the act
 1174  which can be given effect without the invalid provision or
 1175  application, and to this end the provisions of this act are
 1176  severable.
 1177         Section 17. Section 443.17161, Florida Statutes, is created
 1178  to read:
 1179         443.17161 Authorized electronic access to employer
 1180  information.—
 1181         (1) Notwithstanding any other provision of this chapter,
 1182  the Agency for Workforce Innovation shall contract with one or
 1183  more consumer-reporting agencies to provide users with secured
 1184  electronic access to employer-provided information relating to
 1185  the quarterly wages report submitted in accordance with the
 1186  state’s unemployment compensation law. The access is limited to
 1187  the wage reports for the appropriate amount of time for the
 1188  purpose the information is requested.
 1189         (2) Users must obtain consent in writing or by electronic
 1190  signature from an applicant for credit, employment, or other
 1191  permitted purposes. Any written or electronic signature consent
 1192  from an applicant must be signed and must include the following:
 1193         (a) Specific notice that information concerning the
 1194  applicant’s wage and employment history will be released to a
 1195  consumer-reporting agency;
 1196         (b) Notice that the release is made for the sole purpose of
 1197  reviewing the specific application for credit, employment, or
 1198  other permitted purpose made by the applicant;
 1199         (c) Notice that the files of the Agency for Workforce
 1200  Innovation or its tax collection service provider containing
 1201  information concerning wage and employment history which is
 1202  submitted by the applicant or his or her employers may be
 1203  accessed; and
 1204         (d) A listing of the parties authorized to receive the
 1205  released information.
 1206         (3) Consumer-reporting agencies and users accessing
 1207  information under this section must safeguard the
 1208  confidentiality of the information. A consumer-reporting agency
 1209  or user may use the information only to support a single
 1210  transaction for the user to satisfy its standard underwriting or
 1211  eligibility requirements or for those requirements imposed upon
 1212  the user, and to satisfy the user’s obligations under applicable
 1213  state or federal laws, rules, or regulations.
 1214         (4) If a consumer-reporting agency or user violates this
 1215  section, the Agency for Workforce Innovation shall, upon 30 days
 1216  written notice to the consumer-reporting agency, terminate the
 1217  contract established between the Agency for Workforce Innovation
 1218  and the consumer-reporting agency or require the consumer
 1219  reporting agency to terminate the contract established between
 1220  the consumer-reporting agency and the user under this section.
 1221         (5) The Agency for Workforce Innovation shall establish
 1222  minimum audit, security, net-worth, and liability-insurance
 1223  standards, technical requirements, and any other terms and
 1224  conditions considered necessary in the discretion of the state
 1225  agency to safeguard the confidentiality of the information
 1226  released under this section and to otherwise serve the public
 1227  interest. The Agency for Workforce Innovation shall also
 1228  include, in coordination with any necessary state agencies,
 1229  necessary audit procedures to ensure that these rules are
 1230  followed.
 1231         (6) In contracting with one or more consumer-reporting
 1232  agencies under this section, any revenues generated by the
 1233  contract must be used to pay the entire cost of providing access
 1234  to the information. Further, in accordance with federal
 1235  regulations, any additional revenues generated by the Agency for
 1236  Workforce Innovation or the state under this section must be
 1237  paid into the Administrative Trust Fund of the Agency for
 1238  Workforce Innovation for the administration of the unemployment
 1239  compensation system or be used as program income.
 1240         (7) The Agency for Workforce Innovation may not provide
 1241  wage and employment history information to any consumer
 1242  reporting agency before the consumer-reporting agency or
 1243  agencies under contract with the Agency for Workforce Innovation
 1244  pay all development and other startup costs incurred by the
 1245  state in connection with the design, installation, and
 1246  administration of technological systems and procedures for the
 1247  electronic-access program.
 1248         (8) The release of any information under this section must
 1249  be for a purpose authorized by and in the manner permitted by
 1250  the United States Department of Labor and any subsequent rules
 1251  or regulations adopted by that department.
 1252         (9) As used in this section, the term:
 1253         (a) “Consumer-reporting agency” has the same meaning as
 1254  that set forth in the Federal Fair Credit Reporting Act, 15
 1255  U.S.C. s. 1681a.
 1256         (b) “Creditor” has the same meaning as that set forth in
 1257  the Federal Fair Debt Collection Practices Act, 15 U.S.C. ss.
 1258  1692 et seq.
 1259         (c) “User” means a creditor, employer, or other entity with
 1260  a permissible purpose that is allowed under the Federal Fair
 1261  Credit Reporting Act, 15 U.S.C. ss. 1681 et seq. to access the
 1262  data contained in the wage reports though a consumer-reporting
 1263  agency.
 1264         Section 18. There is appropriated to the Department of
 1265  Revenue $236,940 of nonrecurring funds from the Federal Grants
 1266  Trust Fund and four full-time equivalent positions for Fiscal
 1267  Year 2010-2011, and $198,676 of recurring funds from the Federal
 1268  Grants Trust Fund for Fiscal Year 2011-2012 to implement the
 1269  provisions of this act. There is appropriated to the Agency for
 1270  Workforce Innovation $236,940 of nonrecurring funds from
 1271  Employment Security Trust Fund for Fiscal Year 2010-2011, and
 1272  $198,676 of recurring funds from the Employment Security Trust
 1273  Fund for Fiscal Year 2011-2012 to be used to contract with the
 1274  Department of Revenue for services as required to implement this
 1275  act.
 1276         Section 19. The Legislature finds that this act fulfills an
 1277  important state interest.
 1278         Section 20. Except as otherwise expressly provided in this
 1279  act, this act shall take effect upon becoming a law.
 1280  
 1281  ================= T I T L E  A M E N D M E N T ================
 1282         And the title is amended as follows:
 1283         Delete everything before the enacting clause
 1284  and insert:
 1285                        A bill to be entitled                      
 1286         An act relating to unemployment compensation; amending
 1287         s. 213.053, F.S.; increasing the number of employer
 1288         payroll service providers who qualify for access to
 1289         unemployment tax information by filing a memorandum of
 1290         understanding; amending s. 443.031, F.S.; revising
 1291         provisions relating to statutory construction;
 1292         amending s. 443.036, F.S.; revising the definitions
 1293         for “available for work,” “misconduct,” and
 1294         “unemployment”; adding definitions for “individual in
 1295         continued reporting status” and “initial skills
 1296         review”; amending s. 443.091, F.S.; revising
 1297         requirements for making continued claims for benefits;
 1298         requiring that an individual claiming benefits report
 1299         certain information and participate in an initial
 1300         skills review; providing an exception; specifying
 1301         criteria for determining an applicant’s availability
 1302         for work; amending s. 443.101, F.S.; clarifying “good
 1303         cause” for voluntarily leaving employment;
 1304         disqualifying a person for benefits due to the receipt
 1305         of severance pay; revising provisions relating to the
 1306         effects of criminal acts on eligibility for benefits;
 1307         amending s. 443.111, F.S.; taking effect August 1,
 1308         2011; revising the manner in which benefits are
 1309         payable; eliminating payment by mail; providing an
 1310         exception; conforming provisions to changes made by
 1311         the act; amending s. 443.1216, F.S.; providing that
 1312         employee leasing companies may make a one-time
 1313         election to report leased employees under the
 1314         respective unemployment account of each leasing
 1315         company client; providing procedures and application
 1316         for such election; conforming a cross-reference;
 1317         amending s. 443.111, F.S.; taking effect January 1,
 1318         2012; defining the term “Florida average unemployment
 1319         rate”; revising the number of available weeks of
 1320         unemployment benefits available; amending s. 443.041,
 1321         F.S.; conforming a cross-reference; amending s.
 1322         443.141, F.S.; providing an employer payment schedule
 1323         for 2012, 2013, and 2014 contributions; requiring an
 1324         employer to pay a fee for paying contributions on a
 1325         quarterly schedule; providing penalties, interest, and
 1326         fees on delinquent contributions; amending s. 443.151,
 1327         F.S.; requiring claims to be submitted by electronic
 1328         means; revising allowable forms of evidence in benefit
 1329         appeals; revising the judicial venue for reviewing
 1330         commission orders; amending s. 443.171, F.S.;
 1331         specifying that evidence of mailing an agency document
 1332         is based on the date stated on the document; reviving,
 1333         readopting, and amending s. 443.1117, F.S., relating
 1334         to temporary extended benefits; providing for
 1335         retroactive application; establishing temporary state
 1336         extended benefits for weeks of unemployment; revising
 1337         definitions; providing for state extended benefits for
 1338         certain weeks and for periods of high unemployment;
 1339         providing severability; providing applicability;
 1340         creating s. 443.17161, F.S.; requiring the Agency for
 1341         Workforce Innovation to contract with one or more
 1342         consumer-reporting agencies to provide creditors,
 1343         employers, and other entities with a permissible
 1344         purpose with secured electronic access to employer
 1345         provided information relating to the quarterly wages
 1346         reports; providing conditions; requiring consent from
 1347         the applicant for credit, employment, or other
 1348         permitted purpose; prescribing information that must
 1349         be included in the written consent; providing for
 1350         confidentiality; limiting use of the information
 1351         released; providing for termination of contracts under
 1352         certain circumstances; requiring the agency to
 1353         establish minimum audit, security, net worth, and
 1354         liability insurance standards and other requirements
 1355         it considers necessary; providing that any revenues
 1356         generated from a contract with a consumer reporting
 1357         agency must be used to pay the entire cost of
 1358         providing access to the information; providing that
 1359         any additional revenues generated must be paid into
 1360         the Administrative Trust Fund of the Agency for
 1361         Workforce Innovation or used for program purposes;
 1362         providing restrictions on the release of information
 1363         under the act; defining the terms “consumer-reporting
 1364         agency,” “creditor,” and “user”; providing
 1365         appropriations for purposes of implementation;
 1366         providing that the act fulfills an important state
 1367         interest; providing effective dates.