CS/HB 7005

1
A bill to be entitled
2An act relating to unemployment compensation; amending s.
3213.053, F.S.; increasing the number of employer payroll
4service providers who qualify for access to unemployment
5tax information by filing a memorandum of understanding;
6amending s. 443.031, F.S.; revising provisions relating to
7statutory construction; amending s. 443.036, F.S.;
8revising and providing definitions; revising the term
9"misconduct" to include conduct outside of the workplace
10and additional lapses in behavior; amending s. 443.041,
11F.S.; conforming a cross-reference; amending s. 443.091,
12F.S.; conforming provisions to changes made by the act;
13requiring that an applicant for benefits participate in an
14initial skills review; providing exceptions; requiring the
15administrator or operator of the initial skills review to
16notify specified entities regarding review completion and
17results; amending s. 443.101, F.S.; clarifying "good
18cause" for voluntarily leaving employment; disqualifying a
19person for benefits due to the receipt of severance pay;
20revising provisions relating to the effects of criminal
21acts on eligibility for benefits; amending s. 443.111,
22F.S.; providing a definition; reducing the amount and
23revising the calculation of the number of weeks of a
24claimant's benefit eligibility; amending s. 443.1216,
25F.S.; conforming provisions to changes made by the act;
26amending s. 443.131, F.S.; providing definitions; revising
27an employer's unemployment compensation contribution rate
28by certain factors; amending s. 443.141, F.S.; providing
29an employer payment schedule for 2012, 2013, and 2014
30contributions; amending s. 443.151, F.S.; revising
31allowable forms of evidence in benefit appeals; revising
32the judicial venue for reviewing commission orders;
33amending s. 443.171, F.S.; specifying that evidence of
34mailing an agency document is based on the date stated on
35the document; reviving, readopting, and amending s.
36443.1117, F.S., relating to temporary extended benefits;
37providing for retroactive application; establishing
38temporary state extended benefits for weeks of
39unemployment; revising definitions; providing for state
40extended benefits for certain weeks and for periods of
41high unemployment; providing applicability; providing
42appropriations for purposes of implementation; providing
43that the act fulfills an important state interest;
44providing effective dates.
45
46Be It Enacted by the Legislature of the State of Florida:
47
48     Section 1.  Subsection (4) of section 213.053, Florida
49Statutes, is amended to read:
50     213.053  Confidentiality and information sharing.-
51     (4)  The department, while providing unemployment tax
52collection services under contract with the Agency for Workforce
53Innovation through an interagency agreement pursuant to s.
54443.1316, may release unemployment tax rate information to the
55agent of an employer who, which agent provides payroll services
56for more than 100 500 employers, pursuant to the terms of a
57memorandum of understanding. The memorandum of understanding
58must state that the agent affirms, subject to the criminal
59penalties contained in ss. 443.171 and 443.1715, that the agent
60will retain the confidentiality of the information, that the
61agent has in effect a power of attorney from the employer which
62permits the agent to obtain unemployment tax rate information,
63and that the agent shall provide the department with a copy of
64the employer's power of attorney upon request.
65     Section 2.  Section 443.031, Florida Statutes, is amended
66to read:
67     443.031  Rule of liberal construction.-This chapter may not
68shall be liberally construed to in favor or disfavor of a
69claimant of unemployment benefits who is unemployed through no
70fault of his or her own. Any doubt as to the proper construction
71of this chapter shall be resolved in favor of conformity with
72federal law, including, but not limited to, the Federal
73Unemployment Tax Act, the Social Security Act, the Wagner-Peyser
74Act, and the Workforce Investment Act.
75     Section 3.  Present subsections (26) through (45) of
76section 443.036, Florida Statutes, are renumbered as subsections
77(28) through (47), respectively, new subsections (26) and (27)
78are added to that section, and present subsections (6), (9),
79(29), and (43) of that section are amended, to read:
80     443.036  Definitions.-As used in this chapter, the term:
81     (6)  "Available for work" means actively seeking and being
82ready and willing to accept suitable work employment.
83     (9)  "Benefit year" means, for an individual, the 1-year
84period beginning with the first day of the first week for which
85the individual first files a valid claim for benefits and,
86thereafter, the 1-year period beginning with the first day of
87the first week for which the individual next files a valid claim
88for benefits after the termination of his or her last preceding
89benefit year. Each claim for benefits made in accordance with s.
90443.151(2) is a valid claim under this subsection if the
91individual was paid wages for insured work in accordance with s.
92443.091(1)(g) and is unemployed as defined in subsection (45)
93(43) at the time of filing the claim. However, the Agency for
94Workforce Innovation may adopt rules providing for the
95establishment of a uniform benefit year for all workers in one
96or more groups or classes of service or within a particular
97industry if the agency determines, after notice to the industry
98and to the workers in the industry and an opportunity to be
99heard in the matter, that those groups or classes of workers in
100a particular industry periodically experience unemployment
101resulting from layoffs or shutdowns for limited periods of time.
102     (26)  "Individual in continued reporting status" means an
103individual who has been determined to be eligible pursuant to s.
104443.091 who is reporting to the Agency for Workforce Innovation
105in accordance with s. 443.091(1)(c).
106     (27)  "Initial skills review" means an online education or
107training program, such as that established under s. 1004.99,
108that is approved by the Agency for Workforce Innovation and
109designed to measure an individual's mastery level of workplace
110skills.
111     (31)(29)  "Misconduct," irrespective of whether the
112misconduct occurs at the workplace or during working hours,
113includes, but is not limited to, the following, which may not be
114construed in pari materia with each other:
115     (a)  Conduct demonstrating conscious willful or wanton
116disregard of an employer's interests and found to be a
117deliberate violation or disregard of the reasonable standards of
118behavior which the employer expects has a right to expect of his
119or her employee.; or
120     (b)  Carelessness or negligence to a degree or recurrence
121that manifests culpability, wrongful intent, or evil design or
122shows an intentional and substantial disregard of the employer's
123interests or of the employee's duties and obligations to his or
124her employer.
125     (c)  Chronic absenteeism or tardiness in deliberate
126violation of a known policy of the employer or one or more
127unapproved absences following a written reprimand or warning
128relating to more than one unapproved absence.
129     (d)  A willful and deliberate violation of a standard or
130regulation of this state by an employee of an employer licensed
131or certified by this state, which violation would cause the
132employer to be sanctioned or have its license or certification
133suspended by this state.
134     (e)  A violation of an employer's rule, unless the claimant
135can demonstrate that:
136     1.  He or she did not know, and could not reasonably know,
137of the rule's requirements;
138     2.  The rule is not lawful or not reasonably related to the
139job environment and performance; or
140     3.  The rule is not fairly or consistently enforced.
141     (45)(43)  "Unemployment" or "unemployed" means:
142     (a)  An individual is "totally unemployed" in any week
143during which he or she does not perform any services and for
144which earned income is not payable to him or her. An individual
145is "partially unemployed" in any week of less than full-time
146work if the earned income payable to him or her for that week is
147less than his or her weekly benefit amount. The Agency for
148Workforce Innovation may adopt rules prescribing distinctions in
149the procedures for unemployed individuals based on total
150unemployment, part-time unemployment, partial unemployment of
151individuals attached to their regular jobs, and other forms of
152short-time work.
153     (b)  An individual's week of unemployment commences only
154after his or her registration with the Agency for Workforce
155Innovation as required in s. 443.091, except as the agency may
156otherwise prescribe by rule.
157     Section 4.  Paragraph (b) of subsection (2) of section
158443.041, Florida Statutes, is amended to read:
159     443.041  Waiver of rights; fees; privileged
160communications.-
161     (2)  FEES.-
162     (b)  An attorney at law representing a claimant for
163benefits in any district court of appeal of this state or in the
164Supreme Court of Florida is entitled to counsel fees payable by
165the Agency for Workforce Innovation as set by the court if the
166petition for review or appeal is initiated by the claimant and
167results in a decision awarding more benefits than provided in
168the decision from which appeal was taken. The amount of the fee
169may not exceed 50 percent of the total amount of regular
170benefits permitted under s. 443.111(5)(b)(a) during the benefit
171year.
172     Section 5.  Paragraph (b) of subsection (1) of section
173443.091, Florida Statutes, is amended to read:
174     443.091  Benefit eligibility conditions.-
175     (1)  An unemployed individual is eligible to receive
176benefits for any week only if the Agency for Workforce
177Innovation finds that:
178     (b)  She or he has registered with the agency for work and
179subsequently reports to the one-stop career center as directed
180by the regional workforce board for reemployment services. This
181requirement does not apply to persons who are:
182     1.  Non-Florida residents;
183     2.  On a temporary layoff, as defined in s. 443.036(42);
184     3.  Union members who customarily obtain employment through
185a union hiring hall; or
186     4.  Claiming benefits under an approved short-time
187compensation plan as provided in s. 443.1116.
188     Section 6.  Effective August 1, 2011, paragraph (c) of
189subsection (1) of section 443.091, Florida Statutes, is amended
190to read:
191     443.091  Benefit eligibility conditions.-
192     (1)  An unemployed individual is eligible to receive
193benefits for any week only if the Agency for Workforce
194Innovation finds that:
195     (c)  To make continued claims for benefits, she or he is
196reporting to the agency in accordance with its rules.
197     1.  These rules may not conflict with s. 443.111(1)(b),
198including the requirement that each claimant continue to report
199regardless of any pending appeal relating to her or his
200eligibility or disqualification for benefits.
201     2.  An individual in continued reporting status must
202participate in an initial skills review as directed by the
203agency. The failure of the individual to comply with this
204subparagraph will result in the individual being determined
205ineligible for the week in which the noncompliance occurred and
206for any subsequent week of unemployment until the requirement is
207satisfied. However, this subparagraph does not apply if the
208individual is able to affirmatively attest to being unable to
209complete such review due to illiteracy, language barrier, or
210technological impediment.
211     3.  The administrator or operator of the initial skills
212review must notify the agency when the individual completes
213participation in the initial skills review. The administrator or
214operator of the initial skills review must also report the
215results of the individual's initial skills review to the
216regional workforce board or the one-stop career center as
217directed by the workforce board for reemployment services.
218     Section 7.  Paragraph (a) of subsection (1) and subsections
219(2), (3), and (9) of section 443.101, Florida Statutes, are
220amended, and subsection (12) is added to that section, to read:
221     443.101  Disqualification for benefits.-An individual shall
222be disqualified for benefits:
223     (1)(a)  For the week in which he or she has voluntarily
224left work without good cause attributable to his or her
225employing unit or in which the individual has been discharged by
226the employing unit for misconduct connected with his or her
227work, based on a finding by the Agency for Workforce Innovation.
228As used in this paragraph, the term "work" means any work,
229whether full-time, part-time, or temporary.
230     1.  Disqualification for voluntarily quitting continues for
231the full period of unemployment next ensuing after the
232individual has left his or her full-time, part-time, or
233temporary work voluntarily without good cause and until the
234individual has earned income equal to or in excess of 17 times
235his or her weekly benefit amount. As used in this subsection,
236the term "good cause" includes only that cause attributable to
237the employing unit that would compel a reasonable employee to
238cease his or her work or which consists of the individual's
239illness or disability requiring separation from his or her work.
240Any other disqualification may not be imposed. An individual is
241not disqualified under this subsection for voluntarily leaving
242temporary work to return immediately when called to work by the
243permanent employing unit that temporarily terminated his or her
244work within the previous 6 calendar months. An individual is not
245disqualified under this subsection for voluntarily leaving work
246to relocate as a result of his or her military-connected
247spouse's permanent change of station orders, activation orders,
248or unit deployment orders.
249     2.  Disqualification for being discharged for misconduct
250connected with his or her work continues for the full period of
251unemployment next ensuing after having been discharged and until
252the individual is reemployed and has earned income of at least
25317 times his or her weekly benefit amount and for not more than
25452 weeks that immediately follow that week, as determined by the
255agency in each case according to the circumstances in each case
256or the seriousness of the misconduct, under the agency's rules
257adopted for determinations of disqualification for benefits for
258misconduct.
259     3.  If an individual has provided notification to the
260employing unit of his or her intent to voluntarily leave work
261and the employing unit discharges the individual for reasons
262other than misconduct before the date the voluntary quit was to
263take effect, the individual, if otherwise entitled, shall
264receive benefits from the date of the employer's discharge until
265the effective date of his or her voluntary quit.
266     4.  If an individual is notified by the employing unit of
267the employer's intent to discharge the individual for reasons
268other than misconduct and the individual quits without good
269cause, as defined in this section, before the date the discharge
270was to take effect, the claimant is ineligible for benefits
271pursuant to s. 443.091(1)(d) for failing to be available for
272work for the week or weeks of unemployment occurring before the
273effective date of the discharge.
274     (2)  If the Agency for Workforce Innovation finds that the
275individual has failed without good cause to actively seek work,
276apply for available suitable work when directed by the agency or
277the one-stop career center, to accept suitable work when offered
278to him or her, or to return to the individual's customary self-
279employment when directed by the agency, the disqualification
280continues for the full period of unemployment next ensuing after
281he or she failed without good cause to actively seek work, apply
282for available suitable work, to accept suitable work, or to
283return to his or her customary self-employment, under this
284subsection, and until the individual has earned income at least
28517 times his or her weekly benefit amount. The Agency for
286Workforce Innovation shall by rule adopt criteria for
287determining the "suitability of work," as used in this section.
288The Agency for Workforce Innovation in developing these rules
289shall consider the duration of a claimant's unemployment in
290determining the suitability of work and the suitability of
291proposed rates of compensation for available work. Further,
292after an individual has received 19 25 weeks of benefits in a
293single year, suitable work is a job that pays the minimum wage
294and is 120 percent or more of the weekly benefit amount the
295individual is drawing.
296     (a)  In determining whether or not any work is suitable for
297an individual, the Agency for Workforce Innovation shall
298consider the degree of risk involved to his or her health,
299safety, and morals; his or her physical fitness and prior
300training; the individual's experience and prior earnings; his or
301her length of unemployment and prospects for securing local work
302in his or her customary occupation; and the distance of the
303available work from his or her residence.
304     (b)  Notwithstanding any other provisions of this chapter,
305work is not deemed suitable and benefits may not be denied under
306this chapter to any otherwise eligible individual for refusing
307to accept new work under any of the following conditions:
308     1.  If the position offered is vacant due directly to a
309strike, lockout, or other labor dispute.
310     2.  If the wages, hours, or other conditions of the work
311offered are substantially less favorable to the individual than
312those prevailing for similar work in the locality.
313     3.  If as a condition of being employed, the individual
314would be required to join a company union or to resign from or
315refrain from joining any bona fide labor organization.
316     (c)  If the Agency for Workforce Innovation finds that an
317individual was rejected for offered employment as the direct
318result of a positive, confirmed drug test required as a
319condition of employment, the individual is disqualified for
320refusing to accept an offer of suitable work.
321     (3)  For any week with respect to which he or she is
322receiving or has received remuneration in the form of:
323     (a)  Wages in lieu of notice.
324     (b)  Severance pay. The number of weeks that an
325individual's severance pay disqualifies the individual is equal
326to the amount of the severance pay divided by that individual's
327average weekly wage received from his or her most recent
328employer, rounded down to the nearest whole number, beginning
329with the week the individual is separated from employment.
330     (c)(b)1.  Compensation for temporary total disability or
331permanent total disability under the workers' compensation law
332of any state or under a similar law of the United States.
333
3342.  However, If the remuneration referred to in this subsection
335paragraphs (a) and (b) is less than the benefits that would
336otherwise be due under this chapter, an individual who is
337otherwise eligible he or she is entitled to receive for that
338week, if otherwise eligible, benefits reduced by the amount of
339the remuneration.
340     (9)  If the individual was terminated from his or her work
341for violation of any criminal law punishable by imprisonment, or
342for any dishonest act, in connection with his or her work, as
343follows:
344     (a)  If the Agency for Workforce Innovation or the
345Unemployment Appeals Commission finds that the individual was
346terminated from his or her work for violation of any criminal
347law, under any jurisdiction, which was punishable by
348imprisonment in connection with his or her work, and the
349individual was convicted found guilty of the offense, made an
350admission of guilt in a court of law, or entered a plea of
351guilty or nolo contendere no contest, the individual is not
352entitled to unemployment benefits for up to 52 weeks, pursuant
353to under rules adopted by the agency for Workforce Innovation,
354and until he or she has earned income of at least 17 times his
355or her weekly benefit amount. If, before an adjudication of
356guilt, an admission of guilt, or a plea of nolo contendere no
357contest, the employer proves by competent substantial evidence
358to shows the agency for Workforce Innovation that the arrest was
359due to a crime against the employer or the employer's business,
360customers, or invitees and, after considering all the evidence,
361the Agency for Workforce Innovation finds misconduct in
362connection with the individual's work, the individual is not
363entitled to unemployment benefits.
364     (b)  If the Agency for Workforce Innovation or the
365Unemployment Appeals Commission finds that the individual was
366terminated from work for any dishonest act in connection with
367his or her work, the individual is not entitled to unemployment
368benefits for up to 52 weeks, under rules adopted by the Agency
369for Workforce Innovation, and until he or she has earned income
370of at least 17 times his or her weekly benefit amount. In
371addition, if the employer terminates an individual as a result
372of a dishonest act in connection with his or her work and the
373Agency for Workforce Innovation finds misconduct in connection
374with his or her work, the individual is not entitled to
375unemployment benefits.
376
377With respect to an individual disqualified for benefits, the
378account of the terminating employer, if the employer is in the
379base period, is noncharged at the time the disqualification is
380imposed.
381     (12)  For any week in which the individual is unavailable
382for work due to incarceration or imprisonment.
383     Section 8.  Effective April 1, 2011, subsection (5) of
384section 443.111, Florida Statutes, is amended to read:
385     443.111  Payment of benefits.-
386     (5)  DURATION OF BENEFITS.-
387     (a)  As used in this section, the term "Florida average
388unemployment rate" means the average of the three months for the
389most recent third calendar year quarter of the seasonally
390adjusted statewide unemployment rates as published by the Agency
391for Workforce Innovation.
392     (b)1.  Each otherwise eligible individual is entitled
393during any benefit year to a total amount of benefits equal to
39425 percent of the total wages in his or her base period, not to
395exceed $5,500 or the product arrived at by multiplying the
396weekly benefit amount with the number of weeks determined in
397paragraph (c), whichever is less $7,150. However, the total
398amount of benefits, if not a multiple of $1, is rounded downward
399to the nearest full dollar amount. These benefits are payable at
400a weekly rate no greater than the weekly benefit amount.
401     (c)  For claims submitted during a calendar year, the
402duration of benefits is limited to:
403     1.  12 weeks if the Florida average unemployment rate is at
404or below 5 percent.
405     2.  An additional week in addition to the 12 weeks for each
4060.5 percent increment in the Florida average unemployment rate
407above 5 percent.
408     3.  Up to a maximum of 20 weeks if the Florida average
409unemployment rate equals or exceeds 9 percent.
410     (d)2.  For the purposes of this subsection, wages are
411counted as "wages for insured work" for benefit purposes with
412respect to any benefit year only if the benefit year begins
413after the date the employing unit by whom the wages were paid
414has satisfied the conditions of this chapter for becoming an
415employer.
416     (e)(b)  If the remuneration of an individual is not based
417upon a fixed period or duration of time or if the individual's
418wages are paid at irregular intervals or in a manner that does
419not extend regularly over the period of employment, the wages
420for any week or for any calendar quarter for the purpose of
421computing an individual's right to employment benefits only are
422determined in the manner prescribed by rule. These rules, to the
423extent practicable, must secure results reasonably similar to
424those that would prevail if the individual were paid her or his
425wages at regular intervals.
426     Section 9.  Paragraph (f) of subsection (13) of section
427443.1216, Florida Statutes, is amended to read:
428     443.1216  Employment.-Employment, as defined in s. 443.036,
429is subject to this chapter under the following conditions:
430     (13)  The following are exempt from coverage under this
431chapter:
432     (f)  Service performed in the employ of a public employer
433as defined in s. 443.036, except as provided in subsection (2),
434and service performed in the employ of an instrumentality of a
435public employer as described in s. 443.036(37)(35)(b) or (c), to
436the extent that the instrumentality is immune under the United
437States Constitution from the tax imposed by s. 3301 of the
438Internal Revenue Code for that service.
439     Section 10.  Effective upon this act becoming a law and
440retroactive to June 30, 2010, paragraphs (b) and (e) of
441subsection (3) of section 443.131, Florida Statutes, are amended
442to read:
443     443.131  Contributions.-
444     (3)  VARIATION OF CONTRIBUTION RATES BASED ON BENEFIT
445EXPERIENCE.-
446     (b)  Benefit ratio.-
447     1.  As used in this paragraph, the term "annual payroll"
448means the calendar quarter taxable payroll reported to the tax
449collection service provider for the quarters used in computing
450the benefit ratio. The term does not include a penalty resulting
451from the untimely filing of required wage and tax reports. All
452of the taxable payroll reported to the tax collection service
453provider by the end of the quarter preceding the quarter for
454which the contribution rate is to be computed must be used in
455the computation.
456     2.  As used in this paragraph, the term "benefits charged
457to the employer's employment record" means the amount of
458benefits paid to individuals multiplied by:
459     a.  1.0 for benefits paid prior to July 1, 2007.
460     b.  0.9 for benefits paid during the period beginning on
461July 1, 2007, and ending March 31, 2011.
462     c.  1.0 for benefits paid after March 31, 2011.
463     3.2.  For each calendar year, the tax collection service
464provider shall compute a benefit ratio for each employer whose
465employment record was chargeable for benefits during the 12
466consecutive quarters ending June 30 of the calendar year
467preceding the calendar year for which the benefit ratio is
468computed. An employer's benefit ratio is the quotient obtained
469by dividing the total benefits charged to the employer's
470employment record during the 3-year period ending June 30 of the
471preceding calendar year by the total of the employer's annual
472payroll for the 3-year period ending June 30 of the preceding
473calendar year. The benefit ratio shall be computed to the fifth
474decimal place and rounded to the fourth decimal place.
475     4.3.  The tax collection service provider shall compute a
476benefit ratio for each employer who was not previously eligible
477under subparagraph 3. 2., whose contribution rate is set at the
478initial contribution rate in paragraph (2)(a), and whose
479employment record was chargeable for benefits during at least 8
480calendar quarters immediately preceding the calendar quarter for
481which the benefit ratio is computed. The employer's benefit
482ratio is the quotient obtained by dividing the total benefits
483charged to the employer's employment record during the first 6
484of the 8 completed calendar quarters immediately preceding the
485calendar quarter for which the benefit ratio is computed by the
486total of the employer's annual payroll during the first 7 of the
4879 completed calendar quarters immediately preceding the calendar
488quarter for which the benefit ratio is computed. The benefit
489ratio shall be computed to the fifth decimal place and rounded
490to the fourth decimal place and applies for the remainder of the
491calendar year. The employer must subsequently be rated on an
492annual basis using up to 12 calendar quarters of benefits
493charged and up to 12 calendar quarters of annual payroll. That
494employer's benefit ratio is the quotient obtained by dividing
495the total benefits charged to the employer's employment record
496by the total of the employer's annual payroll during the
497quarters used in his or her first computation plus the
498subsequent quarters reported through June 30 of the preceding
499calendar year. Each subsequent calendar year, the rate shall be
500computed under subparagraph 3. 2. The tax collection service
501provider shall assign a variation from the standard rate of
502contributions in paragraph (c) on a quarterly basis to each
503eligible employer in the same manner as an assignment for a
504calendar year under paragraph (e).
505     (e)  Assignment of variations from the standard rate.-
506     1.  As used in this paragraph, the terms "total benefit
507payments," "benefits paid to an individual," and "benefits
508charged to the employment record of an employer" mean the amount
509of benefits paid to individuals multiplied by:
510     a.  1.0 for benefits paid prior to July 1, 2007.
511     b.  0.9 for benefits paid during the period beginning on
512July 1, 2007, and ending March 31, 2011.
513     c.  1.0 for benefits paid after March 31, 2011.
514     2.  For the calculation of contribution rates effective
515January 1, 2010, and thereafter:
516     a.1.  The tax collection service provider shall assign a
517variation from the standard rate of contributions for each
518calendar year to each eligible employer. In determining the
519contribution rate, varying from the standard rate to be assigned
520each employer, adjustment factors computed under sub-sub-
521subparagraphs (I)-(IV) sub-subparagraphs a.-d. are added to the
522benefit ratio. This addition shall be accomplished in two steps
523by adding a variable adjustment factor and a final adjustment
524factor. The sum of these adjustment factors computed under sub-
525sub-subparagraphs (I)-(IV) sub-subparagraphs a.-d. shall first
526be algebraically summed. The sum of these adjustment factors
527shall next be divided by a gross benefit ratio determined as
528follows: Total benefit payments for the 3-year period described
529in subparagraph (b)3. (b)2. are charged to employers eligible
530for a variation from the standard rate, minus excess payments
531for the same period, divided by taxable payroll entering into
532the computation of individual benefit ratios for the calendar
533year for which the contribution rate is being computed. The
534ratio of the sum of the adjustment factors computed under sub-
535sub-subparagraphs (I)-(IV) sub-subparagraphs a.-d. to the gross
536benefit ratio is multiplied by each individual benefit ratio
537that is less than the maximum contribution rate to obtain
538variable adjustment factors; except that if the sum of an
539employer's individual benefit ratio and variable adjustment
540factor exceeds the maximum contribution rate, the variable
541adjustment factor is reduced in order for the sum to equal the
542maximum contribution rate. The variable adjustment factor for
543each of these employers is multiplied by his or her taxable
544payroll entering into the computation of his or her benefit
545ratio. The sum of these products is divided by the taxable
546payroll of the employers who entered into the computation of
547their benefit ratios. The resulting ratio is subtracted from the
548sum of the adjustment factors computed under sub-sub-
549subparagraphs (I)-(IV) sub-subparagraphs a.-d. to obtain the
550final adjustment factor. The variable adjustment factors and the
551final adjustment factor must be computed to five decimal places
552and rounded to the fourth decimal place. This final adjustment
553factor is added to the variable adjustment factor and benefit
554ratio of each employer to obtain each employer's contribution
555rate. An employer's contribution rate may not, however, be
556rounded to less than 0.1 percent.
557     (I)a.  An adjustment factor for noncharge benefits is
558computed to the fifth decimal place and rounded to the fourth
559decimal place by dividing the amount of noncharge benefits
560during the 3-year period described in subparagraph (b)3. (b)2.
561by the taxable payroll of employers eligible for a variation
562from the standard rate who have a benefit ratio for the current
563year which is less than the maximum contribution rate. For
564purposes of computing this adjustment factor, the taxable
565payroll of these employers is the taxable payrolls for the 3
566years ending June 30 of the current calendar year as reported to
567the tax collection service provider by September 30 of the same
568calendar year. As used in this sub-sub-subparagraph sub-
569subparagraph, the term "noncharge benefits" means benefits paid
570to an individual from the Unemployment Compensation Trust Fund,
571but which were not charged to the employment record of any
572employer.
573     (II)b.  An adjustment factor for excess payments is
574computed to the fifth decimal place, and rounded to the fourth
575decimal place by dividing the total excess payments during the
5763-year period described in subparagraph (b)3. (b)2. by the
577taxable payroll of employers eligible for a variation from the
578standard rate who have a benefit ratio for the current year
579which is less than the maximum contribution rate. For purposes
580of computing this adjustment factor, the taxable payroll of
581these employers is the same figure used to compute the
582adjustment factor for noncharge benefits under sub-sub-
583subparagraph (I) sub-subparagraph a. As used in this sub-
584subparagraph, the term "excess payments" means the amount of
585benefits charged to the employment record of an employer during
586the 3-year period described in subparagraph (b)3. (b)2., less
587the product of the maximum contribution rate and the employer's
588taxable payroll for the 3 years ending June 30 of the current
589calendar year as reported to the tax collection service provider
590by September 30 of the same calendar year. As used in this sub-
591sub-subparagraph sub-subparagraph, the term "total excess
592payments" means the sum of the individual employer excess
593payments for those employers that were eligible for assignment
594of a contribution rate different from the standard rate.
595     (III)c.  With respect to computing a positive adjustment
596factor:
597     (A)(I)  Beginning January 1, 2012, if the balance of the
598Unemployment Compensation Trust Fund on September 30 of the
599calendar year immediately preceding the calendar year for which
600the contribution rate is being computed is less than 4 percent
601of the taxable payrolls for the year ending June 30 as reported
602to the tax collection service provider by September 30 of that
603calendar year, a positive adjustment factor shall be computed.
604The positive adjustment factor is computed annually to the fifth
605decimal place and rounded to the fourth decimal place by
606dividing the sum of the total taxable payrolls for the year
607ending June 30 of the current calendar year as reported to the
608tax collection service provider by September 30 of that calendar
609year into a sum equal to one-third of the difference between the
610balance of the fund as of September 30 of that calendar year and
611the sum of 5 percent of the total taxable payrolls for that
612year. The positive adjustment factor remains in effect for
613subsequent years until the balance of the Unemployment
614Compensation Trust Fund as of September 30 of the year
615immediately preceding the effective date of the contribution
616rate equals or exceeds 5 percent of the taxable payrolls for the
617year ending June 30 of the current calendar year as reported to
618the tax collection service provider by September 30 of that
619calendar year.
620     (B)(II)  Beginning January 1, 2015, and for each year
621thereafter, the positive adjustment shall be computed by
622dividing the sum of the total taxable payrolls for the year
623ending June 30 of the current calendar year as reported to the
624tax collection service provider by September 30 of that calendar
625year into a sum equal to one-fourth of the difference between
626the balance of the fund as of September 30 of that calendar year
627and the sum of 5 percent of the total taxable payrolls for that
628year. The positive adjustment factor remains in effect for
629subsequent years until the balance of the Unemployment
630Compensation Trust Fund as of September 30 of the year
631immediately preceding the effective date of the contribution
632rate equals or exceeds 4 percent of the taxable payrolls for the
633year ending June 30 of the current calendar year as reported to
634the tax collection service provider by September 30 of that
635calendar year.
636     (IV)d.  If, beginning January 1, 2015, and each year
637thereafter, the balance of the Unemployment Compensation Trust
638Fund as of September 30 of the year immediately preceding the
639calendar year for which the contribution rate is being computed
640exceeds 5 percent of the taxable payrolls for the year ending
641June 30 of the current calendar year as reported to the tax
642collection service provider by September 30 of that calendar
643year, a negative adjustment factor must be computed. The
644negative adjustment factor shall be computed annually beginning
645on January 1, 2015, and each year thereafter, to the fifth
646decimal place and rounded to the fourth decimal place by
647dividing the sum of the total taxable payrolls for the year
648ending June 30 of the current calendar year as reported to the
649tax collection service provider by September 30 of the calendar
650year into a sum equal to one-fourth of the difference between
651the balance of the fund as of September 30 of the current
652calendar year and 5 percent of the total taxable payrolls of
653that year. The negative adjustment factor remains in effect for
654subsequent years until the balance of the Unemployment
655Compensation Trust Fund as of September 30 of the year
656immediately preceding the effective date of the contribution
657rate is less than 5 percent, but more than 4 percent of the
658taxable payrolls for the year ending June 30 of the current
659calendar year as reported to the tax collection service provider
660by September 30 of that calendar year. The negative adjustment
661authorized by this section is suspended in any calendar year in
662which repayment of the principal amount of an advance received
663from the federal Unemployment Compensation Trust Fund under 42
664U.S.C. s. 1321 is due to the Federal Government.
665     (V)e.  The maximum contribution rate that may be assigned
666to an employer is 5.4 percent, except employers participating in
667an approved short-time compensation plan may be assigned a
668maximum contribution rate that is 1 percent greater than the
669maximum contribution rate for other employers in any calendar
670year in which short-time compensation benefits are charged to
671the employer's employment record.
672     (VI)f.  As used in this subsection, "taxable payroll" shall
673be determined by excluding any part of the remuneration paid to
674an individual by an employer for employment during a calendar
675year in excess of the first $7,000. Beginning January 1, 2012,
676"taxable payroll" shall be determined by excluding any part of
677the remuneration paid to an individual by an employer for
678employment during a calendar year as described in s.
679443.1217(2). For the purposes of the employer rate calculation
680that will take effect in January 1, 2012, and in January 1,
6812013, the tax collection service provider shall use the data
682available for taxable payroll from 2009 based on excluding any
683part of the remuneration paid to an individual by an employer
684for employment during a calendar year in excess of the first
685$7,000, and from 2010 and 2011, the data available for taxable
686payroll based on excluding any part of the remuneration paid to
687an individual by an employer for employment during a calendar
688year in excess of the first $8,500.
689     b.2.  If the transfer of an employer's employment record to
690an employing unit under paragraph (f) which, before the
691transfer, was an employer, the tax collection service provider
692shall recompute a benefit ratio for the successor employer based
693on the combined employment records and reassign an appropriate
694contribution rate to the successor employer effective on the
695first day of the calendar quarter immediately after the
696effective date of the transfer.
697     Section 11.  Present paragraph (f) of subsection (1) of
698section 443.141, Florida Statutes, is redesignated as paragraph
699(g), and new paragraph (f) is added to that subsection to read:
700     443.141  Collection of contributions and reimbursements.-
701     (1)  PAST DUE CONTRIBUTIONS AND REIMBURSEMENTS; DELINQUENT,
702ERRONEOUS, INCOMPLETE, OR INSUFFICIENT REPORTS.-
703     (f)  Payments for 2012, 2013, and 2014 Contributions.-For
704an annual administrative fee not to exceed $5, a contributing
705employer may pay its quarterly contributions due for wages paid
706in the first three quarters of 2012, 2013, and 2014 in equal
707installments if those contributions are paid as follows:
708     1.  For contributions due for wages paid in the first
709quarter of each year, one-fourth of the contributions due must
710be paid on or before April 30, one-fourth must be paid on or
711before July 31, one-fourth must be paid on or before October 31,
712and one-fourth must be paid on or before December 31.
713     2.  In addition to the payments specified in subparagraph
7141., for contributions due for wages paid in the second quarter
715of each year, one-third of the contributions due must be paid on
716or before July 31, one-third must be paid on or before October
71731, and one-third must be paid on or before December 31.
718     3.  In addition to the payments specified in subparagraphs
7191. and 2., for contributions due for wages paid in the third
720quarter of each year, one-half of the contributions due must be
721paid on or before October 31, and one-half must be paid on or
722before December 31.
723     4.  The annual administrative fee assessed for electing to
724pay under the installment method shall be collected at the time
725the employer makes the first installment payment each year. The
726fee shall be segregated from the payment and deposited into the
727Operating Trust Fund of the Department of Revenue.
728     5.  Interest does not accrue on any contribution that
729becomes due for wages paid in the first three quarters of each
730year if the employer pays the contribution in accordance with
731subparagraphs 1.-4. Interest and fees continue to accrue on
732prior delinquent contributions and commence accruing on all
733contributions due for wages paid in the first three quarters of
734each year which are not paid in accordance with subparagraphs
7351.-3. Penalties may be assessed in accordance with this chapter.
736The contributions due for wages paid in the fourth quarter of
7372012, 2013, and 2014 are not affected by this paragraph and are
738due and payable in accordance with this chapter.
739     Section 12.  Paragraphs (b) and (d) of subsection (3) and
740paragraphs (b) and (e) of subsection (4) of section 443.151,
741Florida Statutes, are amended to read:
742     443.151  Procedure concerning claims.-
743     (3)  DETERMINATION OF ELIGIBILITY.-
744     (b)  Monetary determinations.-In addition to the notice of
745claim, the Agency for Workforce Innovation must shall also
746promptly provide an initial monetary determination to the
747claimant and each base period employer whose account is subject
748to being charged for its respective share of benefits on the
749claim. The monetary determination must include a statement of
750whether and in what amount the claimant is entitled to benefits,
751and, in the event of a denial, must state the reasons for the
752denial. A monetary determination for the first week of a benefit
753year must also include a statement of whether the claimant was
754paid the wages required under s. 443.091(1)(g) and, if so, the
755first day of the benefit year, the claimant's weekly benefit
756amount, and the maximum total amount of benefits payable to the
757claimant for a benefit year. The monetary determination is final
758unless within 20 days after the mailing of the notices to the
759parties' last known addresses, or in lieu of mailing, within 20
760days after the delivery of the notices, an appeal or written
761request for reconsideration is filed by the claimant or other
762party entitled to notice. The agency may adopt rules as
763necessary to implement the processes described in this paragraph
764relating to notices of monetary determinations and the appeals
765or reconsideration requests filed in response to such notices.
766     (d)  Determinations in labor dispute cases.-If a Whenever
767any claim involves a labor dispute described in s. 443.101(4),
768the Agency for Workforce Innovation shall promptly assign the
769claim to a special examiner who shall make a determination on
770the issues involving unemployment due to the labor dispute. The
771special examiner shall make the determination after an
772investigation, as necessary. The claimant or another party
773entitled to notice of the determination may appeal a
774determination under subsection (4).
775     (4)  APPEALS.-
776     (b)  Filing and hearing.-
777     1.  The claimant or any other party entitled to notice of a
778determination may appeal an adverse determination to an appeals
779referee within 20 days after the date of mailing of the notice
780to her or his last known address or, if the notice is not
781mailed, within 20 days after the date of delivery of the notice.
782     2.  Unless the appeal is untimely or withdrawn or review is
783initiated by the commission, the appeals referee, after mailing
784all parties and attorneys of record a notice of hearing at least
78510 days before the date of hearing, notwithstanding the 14-day
786notice requirement in s. 120.569(2)(b), may only affirm, modify,
787or reverse the determination. An appeal may not be withdrawn
788without the permission of the appeals referee.
789     3.  However, when an appeal appears to have been filed
790after the permissible time limit, the Office of Appeals may
791issue an order to show cause to the appellant, requiring the
792appellant to show why the appeal should not be dismissed as
793untimely. If the appellant does not, within 15 days after the
794mailing date of the order to show cause, provide written
795evidence of timely filing or good cause for failure to appeal
796timely, the appeal shall be dismissed.
797     4.  When an appeal involves a question of whether services
798were performed by a claimant in employment or for an employer,
799the referee must give special notice of the question and of the
800pendency of the appeal to the employing unit and to the Agency
801for Workforce Innovation, both of which become parties to the
802proceeding.
803     5.a.  Any part of the evidence may be received in written
804form, and all testimony of parties and witnesses shall be made
805under oath.
806     b.  Irrelevant, immaterial, or unduly repetitious evidence
807shall be excluded, but all other evidence of a type commonly
808relied upon by reasonably prudent persons in the conduct of
809their affairs shall be admissible, whether or not such evidence
810would be admissible in a trial in the courts of the state.
811     c.  Hearsay evidence may be used for the purpose of
812supplementing or explaining other evidence, or to support a
813finding if it would be admissible over objection in civil
814actions. Notwithstanding s. 120.57(1)(c), hearsay evidence may
815support a finding of fact if:
816     (I)  The party against whom it is offered has a reasonable
817opportunity to review such evidence prior to the hearing; and
818     (II)  The appeals referee or special deputy determines,
819after considering all relevant facts and circumstances, that the
820evidence is trustworthy and probative and that the interests of
821justice will best be served by its admission into evidence.
822     6.5.  The parties must be notified promptly of the
823referee's decision. The referee's decision is final unless
824further review is initiated under paragraph (c) within 20 days
825after the date of mailing notice of the decision to the party's
826last known address or, in lieu of mailing, within 20 days after
827the delivery of the notice.
828     (e)  Judicial review.-Orders of the commission entered
829under paragraph (c) are subject to appellate review only by
830notice of appeal in the district court of appeal in the
831appellate district in which a claimant resides or the job
832separation arose the issues involved were decided by an appeals
833referee. However, if the notice of appeal is submitted to the
834commission, the commission shall file the notice in the district
835court of appeal in the appellate district in which the order was
836issued. Notwithstanding chapter 120, the commission is a party
837respondent to every such proceeding. The Agency for Workforce
838Innovation may initiate judicial review of orders in the same
839manner and to the same extent as any other party.
840     Section 13.  Section (10) is added to section 443.171,
841Florida Statutes, to read:
842     443.171  Agency for Workforce Innovation and commission;
843powers and duties; records and reports; proceedings; state-
844federal cooperation.-
845     (10)  EVIDENCE OF MAILING.-The existence of a mailing date
846on any notice, determination, decision, order, or other document
847mailed by the Agency for Workforce Innovation or its tax
848collection service provider pursuant to this chapter creates a
849rebuttable presumption that such notice, determination, order,
850or other document was mailed on the date indicated.
851     Section 14.  Notwithstanding the expiration date contained
852in section 1 of chapter 2010-90, Laws of Florida, operating
853retroactive to June 2, 2010, and expiring January 4, 2012,
854section 443.1117, Florida Statutes, is revived, readopted, and
855amended to read:
856     443.1117  Temporary extended benefits.-
857     (1)  APPLICABILITY OF EXTENDED BENEFITS STATUTE.-Except if
858the result is inconsistent with other provisions of this
859section, s. 443.1115(2), (3), (4), (6), and (7) apply to all
860claims covered by this section.
861     (2)  DEFINITIONS.-As used in For the purposes of this
862section, the term:
863     (a)  "Regular benefits" and "extended benefits" have the
864same meaning as in s. 443.1115.
865     (b)  "Eligibility period" means the weeks in an
866individual's benefit year or emergency benefit period which
867begin in an extended benefit period and, if the benefit year or
868emergency benefit period ends within that extended benefit
869period, any subsequent weeks beginning in that period.
870     (c)  "Emergency benefits" means Emergency Unemployment
871Compensation paid pursuant to Pub. L. No. 110-252, Pub. L. No.
872110-449, Pub. L. No. 111-5, Pub. L. No. 111-92, Pub. L. No. 111-
873118, Pub. L. No. 111-144, and Pub. L. No. 111-157, Pub. L. No.
874111-205, and Pub. L. No. 111-312.
875     (d)  "Extended benefit period" means a period that:
876     1.  Begins with the third week after a week for which there
877is a state "on" indicator; and
878     2.  Ends with any of the following weeks, whichever occurs
879later:
880     a.  The third week after the first week for which there is
881a state "off" indicator; or
882     b.  The 13th consecutive week of that period.
883
884However, an extended benefit period may not begin by reason of a
885state "on" indicator before the 14th week after the end of a
886prior extended benefit period that was in effect for this state.
887     (e)  "Emergency benefit period" means the period during
888which an individual receives emergency benefits as defined in
889paragraph (c).
890     (f)  "Exhaustee" means an individual who, for any week of
891unemployment in her or his eligibility period:
892     1.  Has received, before that week, all of the regular
893benefits and emergency benefits, if any, available under this
894chapter or any other law, including dependents' allowances and
895benefits payable to federal civilian employees and ex-
896servicemembers under 5 U.S.C. ss. 8501-8525, in the current
897benefit year or emergency benefit period that includes that
898week. For the purposes of this subparagraph, an individual has
899received all of the regular benefits and emergency benefits, if
900any, available even if although, as a result of a pending appeal
901for wages paid for insured work which were not considered in the
902original monetary determination in the benefit year, she or he
903may subsequently be determined to be entitled to added regular
904benefits;
905     2.  Had a benefit year that which expired before that week,
906and was paid no, or insufficient, wages for insured work on the
907basis of which she or he could establish a new benefit year that
908includes that week; and
909     3.a.  Has no right to unemployment benefits or allowances
910under the Railroad Unemployment Insurance Act or other federal
911laws as specified in regulations issued by the United States
912Secretary of Labor; and
913     b.  Has not received and is not seeking unemployment
914benefits under the unemployment compensation law of Canada; but
915if an individual is seeking those benefits and the appropriate
916agency finally determines that she or he is not entitled to
917benefits under that law, she or he is considered an exhaustee.
918     (g)  "State 'on' indicator" means, with respect to weeks of
919unemployment beginning on or after February 1, 2009, and ending
920on or before December 10, 2011 May 8, 2010, the occurrence of a
921week in which the average total unemployment rate, seasonally
922adjusted, as determined by the United States Secretary of Labor,
923for the most recent 3 months for which data for all states are
924published by the United States Department of Labor:
925     1.  Equals or exceeds 110 percent of the average of those
926rates for the corresponding 3-month period ending in any or all
927each of the preceding 3 2 calendar years; and
928     2.  Equals or exceeds 6.5 percent.
929     (h)  "High unemployment period" means, with respect to
930weeks of unemployment beginning on or after February 1, 2009,
931and ending on or before December 10, 2011 May 8, 2010, any week
932in which the average total unemployment rate, seasonally
933adjusted, as determined by the United States Secretary of Labor,
934for the most recent 3 months for which data for all states are
935published by the United States Department of Labor:
936     1.  Equals or exceeds 110 percent of the average of those
937rates for the corresponding 3-month period ending in any or all
938each of the preceding 3 2 calendar years; and
939     2.  Equals or exceeds 8 percent.
940     (i)  "State 'off' indicator" means the occurrence of a week
941in which there is no state "on" indicator or which does not
942constitute a high unemployment period.
943     (3)  TOTAL EXTENDED BENEFIT AMOUNT.-Except as provided in
944subsection (4):
945     (a)  For any week for which there is an "on" indicator
946pursuant to paragraph (2)(g), the total extended benefit amount
947payable to an eligible individual for her or his applicable
948benefit year is the lesser of:
949     1.  Fifty percent of the total regular benefits payable
950under this chapter in the applicable benefit year; or
951     2.  Thirteen times the weekly benefit amount payable under
952this chapter for a week of total unemployment in the applicable
953benefit year.
954     (b)  For any high unemployment period, the total extended
955benefit amount payable to an eligible individual for her or his
956applicable benefit year is the lesser of:
957     1.  Eighty percent of the total regular benefits payable
958under this chapter in the applicable benefit year; or
959     2.  Twenty times the weekly benefit amount payable under
960this chapter for a week of total unemployment in the applicable
961benefit year.
962     (4)  EFFECT ON TRADE READJUSTMENT.-Notwithstanding any
963other provision of this chapter, if the benefit year of an
964individual ends within an extended benefit period, the number of
965weeks of extended benefits the individual is entitled to receive
966in that extended benefit period for weeks of unemployment
967beginning after the end of the benefit year, except as provided
968in this section, is reduced, but not to below zero, by the
969number of weeks for which the individual received, within that
970benefit year, trade readjustment allowances under the Trade Act
971of 1974, as amended.
972     Section 15.  The provisions of s. 443.1117, Florida
973Statutes, as revived, readopted, and amended by this act, apply
974only to claims for weeks of unemployment in which an exhaustee
975establishes entitlement to extended benefits pursuant to that
976section which are established for the period between December
97717, 2010, and January 4, 2012.
978     Section 16.  For the 2011-2012 fiscal year, the sum of
979$242,300 in nonrecurring funds is appropriated from the
980Operating Trust Fund to the Administration of Unemployment
981Compensation Tax Special Category in the Department of Revenue
982to be used to implement this act. In addition, for the 2010-2011
983fiscal year, the sum of $256,891 in nonrecurring funds is
984appropriated from the Employment Security Administration Trust
985Fund in the contracted services appropriation category to the
986Agency for Workforce Innovation to be used to contract with the
987Department of Revenue for tax-related services as required to
988implement this act.
989     Section 17.  The Legislature finds that this act fulfills
990an important state interest.
991     Section 18.  Except as otherwise expressly provided in this
992act, this act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.