Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 728
       
       
       
       
       
       
                                Barcode 826752                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/22/2011           .                                
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       The Committee on Commerce and Tourism (Detert) recommended 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, as amended by chapter 2010-280, Laws of Florida, is
    7  amended to read:
    8         213.053 Confidentiality and information sharing.—
    9         (4) The department, while providing unemployment tax
   10  collection services under contract with the Agency for Workforce
   11  Innovation through an interagency agreement pursuant to s.
   12  443.1316, may release unemployment tax rate information to the
   13  agent of an employer, which agent provides payroll services for
   14  more than 100 500 employers, pursuant to the terms of a
   15  memorandum of understanding. The memorandum of understanding
   16  must state that the agent affirms, subject to the criminal
   17  penalties contained in ss. 443.171 and 443.1715, that the agent
   18  will retain the confidentiality of the information, that the
   19  agent has in effect a power of attorney from the employer which
   20  permits the agent to obtain unemployment tax rate information,
   21  and that the agent shall provide the department with a copy of
   22  the employer’s power of attorney upon request.
   23         Section 2. Effective July 1, 2011, present subsections (26)
   24  through (45) of section 443.036, Florida Statutes, are
   25  redesignated as subsection (27) through (46) respectively, new
   26  subsection (26) is added to that section, and present
   27  subsections (6), (9), (16), (29), and (43) of that section are
   28  amended, to read:
   29         443.036 Definitions.—As used in this chapter, the term:
   30         (6) “Available for work” means actively seeking and being
   31  ready and willing to accept suitable work employment.
   32         (9) “Benefit year” means, for an individual, the 1-year
   33  period beginning with the first day of the first week for which
   34  the individual first files a valid claim for benefits and,
   35  thereafter, the 1-year period beginning with the first day of
   36  the first week for which the individual next files a valid claim
   37  for benefits after the termination of his or her last preceding
   38  benefit year. Each claim for benefits made in accordance with s.
   39  443.151(2) is a valid claim under this subsection if the
   40  individual was paid wages for insured work in accordance with s.
   41  443.091(1)(g) and is unemployed as defined in subsection (43) at
   42  the time of filing the claim. However, the Agency for Workforce
   43  Innovation may adopt rules providing for the establishment of a
   44  uniform benefit year for all workers in one or more groups or
   45  classes of service or within a particular industry if the agency
   46  determines, after notice to the industry and to the workers in
   47  the industry and an opportunity to be heard in the matter, that
   48  those groups or classes of workers in a particular industry
   49  periodically experience unemployment resulting from layoffs or
   50  shutdowns for limited periods of time.
   51         (16) “Earned income” means gross remuneration derived from
   52  work, professional service, or self-employment. The term
   53  includes commissions, bonuses, back pay awards or back pay
   54  settlements, front pay or front wages, and the cash value of all
   55  remuneration paid in a medium other than cash. The term does not
   56  include income derived from invested capital or ownership of
   57  property.
   58         (26) “Initial skills review” means an online education or
   59  training program, such as that established under s. 1004.99,
   60  which is approved by the Agency for Workforce Innovation and
   61  designed to measure an individual’s mastery level of workplace
   62  skills.
   63         (30)(29) “Misconduct” includes, but is not limited to, the
   64  following, which may not be construed in pari materia with each
   65  other:
   66         (a) Conduct demonstrating conscious willful or wanton
   67  disregard of an employer’s interests and found to be a
   68  deliberate violation or disregard of reasonable the standards of
   69  behavior which the employer has a right to expect of his or her
   70  employee, including standards lawfully set forth in the
   71  employer’s written rules of conduct; or
   72         (b) Carelessness or negligence to a degree or recurrence
   73  that manifests culpability or, wrongful intent, or evil design
   74  or shows an intentional and substantial disregard of the
   75  employer’s interests or of the employee’s duties and obligations
   76  to his or her employer.
   77         (44)(43) “Unemployment” or “unemployed” means:
   78         (a) An individual is “totally unemployed” in any week
   79  during which he or she does not perform any services and for
   80  which earned income is not payable to him or her. An individual
   81  is “partially unemployed” in any week of less than full-time
   82  work if the earned income payable to him or her for that week is
   83  less than his or her weekly benefit amount. The Agency for
   84  Workforce Innovation may adopt rules prescribing distinctions in
   85  the procedures for unemployed individuals based on total
   86  unemployment, part-time unemployment, partial unemployment of
   87  individuals attached to their regular jobs, and other forms of
   88  short-time work.
   89         (b) An individual’s week of unemployment commences only
   90  after his or her registration with the Agency for Workforce
   91  Innovation as required in s. 443.091, except as the agency may
   92  otherwise prescribe by rule.
   93         Section 3. Effective July 1, 2011, paragraphs (b), (c),
   94  (d), and (f) of subsection (1) of section 443.091, Florida
   95  Statutes, are amended to read:
   96         443.091 Benefit eligibility conditions.—
   97         (1) An unemployed individual is eligible to receive
   98  benefits for any week only if the Agency for Workforce
   99  Innovation finds that:
  100         (b) She or he has registered with the agency for work and
  101  subsequently reports to the one-stop career center as directed
  102  by the regional workforce board for reemployment services. This
  103  requirement does not apply to persons who are:
  104         1. Non-Florida residents;
  105         2. On a temporary layoff, as defined in s. 443.036(42);
  106         3. Union members who customarily obtain employment through
  107  a union hiring hall; or
  108         4. Claiming benefits under an approved short-time
  109  compensation plan as provided in s. 443.1116.
  110         (c) To make continued claims for benefits, she or he is
  111  reporting to the Agency for Workforce Innovation in accordance
  112  with this paragraph and agency its rules, and participating in
  113  an initial skills review as directed by the agency. Agency These
  114  rules may not conflict with s. 443.111(1)(b), which requires
  115  including the requirement that each claimant continue to report
  116  regardless of any pending appeal relating to her or his
  117  eligibility or disqualification for benefits.
  118         1. For each week of unemployment claimed, each report must,
  119  at a minimum, include the name, address, and telephone number of
  120  each prospective employer contacted pursuant to paragraph (d).
  121         2. The administrator or operator of the initial skills
  122  review shall notify the agency when the individual completes the
  123  initial skills review and report the results of the review to
  124  the regional workforce board or the one-stop career center as
  125  directed by the workforce board. The workforce board shall use
  126  the initial skills review to develop a plan for referring
  127  individuals to training and employment opportunities. The
  128  failure of the individual to comply with this requirement will
  129  result in the individual being determined ineligible for
  130  benefits for the week in which the noncompliance occurred and
  131  for any subsequent week of unemployment until the requirement is
  132  satisfied. However, this requirement does not apply if the
  133  individual is able to affirmatively attest to being unable to
  134  complete such review due to illiteracy or a language impediment.
  135         (d) She or he is able to work and is available for work. In
  136  order to assess eligibility for a claimed week of unemployment,
  137  the agency shall develop criteria to determine a claimant’s
  138  ability to work and availability for work. A claimant must be
  139  actively seeking work in order to be considered available for
  140  work. This means engaging in systematic and sustained efforts to
  141  find work, including contacting at least five prospective
  142  employers for each week of unemployment claimed. The agency may
  143  require the claimant to provide proof of such efforts to the
  144  one-stop career center as part of reemployment services. The
  145  agency shall conduct random reviews of work search information
  146  provided by claimants. However:
  147         1. Notwithstanding any other provision of this paragraph or
  148  paragraphs (b) and (e), an otherwise eligible individual may not
  149  be denied benefits for any week because she or he is in training
  150  with the approval of the agency, or by reason of s. 443.101(3)
  151  443.101(2) relating to failure to apply for, or refusal to
  152  accept, suitable work. Training may be approved by the agency in
  153  accordance with criteria prescribed by rule. A claimant’s
  154  eligibility during approved training is contingent upon
  155  satisfying eligibility conditions prescribed by rule.
  156         2. Notwithstanding any other provision of this chapter, an
  157  otherwise eligible individual who is in training approved under
  158  s. 236(a)(1) of the Trade Act of 1974, as amended, may not be
  159  determined ineligible or disqualified for benefits due to her or
  160  his enrollment in such training or because of leaving work that
  161  is not suitable employment to enter such training. As used in
  162  this subparagraph, the term “suitable employment” means work of
  163  a substantially equal or higher skill level than the worker’s
  164  past adversely affected employment, as defined for purposes of
  165  the Trade Act of 1974, as amended, the wages for which are at
  166  least 80 percent of the worker’s average weekly wage as
  167  determined for purposes of the Trade Act of 1974, as amended.
  168         3. Notwithstanding any other provision of this section, an
  169  otherwise eligible individual may not be denied benefits for any
  170  week because she or he is before any state or federal court
  171  pursuant to a lawfully issued summons to appear for jury duty.
  172         (f) She or he has been unemployed for a waiting period of 1
  173  week. A week may not be counted as a week of unemployment under
  174  this subsection unless:
  175         1. Unless It occurs within the benefit year that includes
  176  the week for which she or he claims payment of benefits.
  177         2. If Benefits have been paid for that week.
  178         3. Unless The individual was eligible for benefits for that
  179  week as provided in this section and s. 443.101, except for the
  180  requirements of this subsection and of s. 443.101(6) 443.101(5).
  181         Section 4. Effective July 1, 2011, paragraph (a) of
  182  subsection (1) and present subsections (2), (3), (9), and (11)
  183  of section 443.101, Florida Statutes, are amended, present
  184  subsections (2) through (11) of that section are redesignated as
  185  subsections (3) through (13), respectively, and new subsections
  186  (2) and (12) are added to that section, to read:
  187         443.101 Disqualification for benefits.—An individual shall
  188  be disqualified for benefits:
  189         (1)(a) For the week in which he or she has voluntarily left
  190  work without good cause attributable to his or her employing
  191  unit or in which the individual has been discharged by the
  192  employing unit for misconduct connected with his or her work,
  193  based on a finding by the Agency for Workforce Innovation. As
  194  used in this paragraph, the term “work” means any work, whether
  195  full-time, part-time, or temporary.
  196         1. Disqualification for voluntarily quitting continues for
  197  the full period of unemployment next ensuing after the
  198  individual has left his or her full-time, part-time, or
  199  temporary work voluntarily without good cause and until the
  200  individual has earned income equal to or greater than in excess
  201  of 17 times his or her weekly benefit amount. As used in this
  202  subsection, the term “good cause” includes only that cause
  203  attributable to the employing unit which would compel a
  204  reasonable individual to cease working or attributable to which
  205  consists of the individual’s illness or disability requiring
  206  separation from his or her work. Any other disqualification may
  207  not be imposed. An individual is not disqualified under this
  208  subsection for voluntarily leaving temporary work to return
  209  immediately when called to work by the permanent employing unit
  210  that temporarily terminated his or her work within the previous
  211  6 calendar months, or. An individual is not disqualified under
  212  this subsection for voluntarily leaving work to relocate as a
  213  result of his or her military-connected spouse’s permanent
  214  change of station orders, activation orders, or unit deployment
  215  orders.
  216         2. Disqualification for being discharged for misconduct
  217  connected with his or her work continues for the full period of
  218  unemployment next ensuing after having been discharged and until
  219  the individual is reemployed and has earned income of at least
  220  17 times his or her weekly benefit amount and for not more than
  221  52 weeks that immediately following follow that week, as
  222  determined by the agency in each case according to the
  223  circumstances in each case or the seriousness of the misconduct,
  224  under the agency’s rules adopted for determining determinations
  225  of disqualification for benefits for misconduct.
  226         3. If an individual has provided notification to the
  227  employing unit of his or her intent to voluntarily leave work
  228  and the employing unit discharges the individual for reasons
  229  other than misconduct before the date the voluntary quit was to
  230  take effect, the individual, if otherwise entitled, shall
  231  receive benefits from the date of the employer’s discharge until
  232  the effective date of his or her voluntary quit.
  233         4. If an individual is notified by the employing unit of
  234  the employer’s intent to discharge the individual for reasons
  235  other than misconduct and the individual quits without good
  236  cause, as defined in this section, before the date the discharge
  237  was to take effect, the claimant is ineligible for benefits
  238  pursuant to s. 443.091(1)(d) for failing to be available for
  239  work for the week or weeks of unemployment occurring before the
  240  effective date of the discharge.
  241         (2) For the week the individual has been discharged by the
  242  employing unit for gross misconduct, based on a finding by the
  243  Agency for Workforce Innovation. Disqualification for being
  244  discharged for gross misconduct continues for the full period of
  245  unemployment next ensuing after having been discharged and until
  246  the individual is reemployed and has earned income of at least
  247  17 times his or her weekly benefit amount. As used in this
  248  subsection, the term “gross misconduct” means any of the
  249  following:
  250         (a) Willful or reckless damage to an employer’s property
  251  which results in damage of more than $50.
  252         (b) Theft of the property of an employer, a customer, or an
  253  invitee of the employer.
  254         (c) Violation of an employer’s policy relating to the
  255  consumption of alcohol or drugs on the employer property, being
  256  under the influence of alcohol or drugs on employer property, or
  257  using alcohol or drugs while on the job or on duty. As used in
  258  this paragraph, the term “alcohol or drugs” has the same meaning
  259  as in s. 440.102(1)(c).
  260         (d) Failure to comply with an employer’s drug and alcohol
  261  testing and use policies while on the job or on duty.
  262         (e) Failure to comply with applicable state or federal drug
  263  and alcohol testing and use regulations, including, but not
  264  limited to, 49 C.F.R. part 40 and part 382 of the Federal Motor
  265  Carrier Safety Regulations, while on the job or on duty, and
  266  regulations applicable to employees performing transportation
  267  and other safety-sensitive job functions as defined by the
  268  Federal Government.
  269         (f) Criminal assault or battery of another employee or of a
  270  customer or invitee of the employer.
  271         (g) Abuse of a patient, resident, disabled person, elderly
  272  person, or child in her or his professional care.
  273         (h) Insubordination, which is defined as the willful
  274  failure to comply with a lawful, reasonable order of a
  275  supervisor which is directly related to the employee’s
  276  employment as described in an applicable written job
  277  description, the written rules of conduct, or other lawful
  278  directive of the employer. The employee must have received at
  279  least one written warning from the employer before being
  280  discharged from employment.
  281         (i) Willful neglect of duty directly related to the
  282  employee’s employment as described in an applicable written job
  283  description or written rules of conduct. The employee must have
  284  received at least one written warning from the employer before
  285  being discharged from employment.
  286         (j) Failure to maintain a license, registration, or
  287  certification required by law in order for the employee to
  288  perform her or his assigned job duties as described in an
  289  written job description.
  290         (3)(2) If the Agency for Workforce Innovation finds that
  291  the individual has failed without good cause to apply for
  292  available suitable work when directed by the agency or the one
  293  stop career center, to accept suitable work when offered to him
  294  or her, or to return to the individual’s customary self
  295  employment when directed by the agency, the disqualification
  296  continues for the full period of unemployment next ensuing after
  297  he or she failed without good cause to apply for available
  298  suitable work, to accept suitable work, or to return to his or
  299  her customary self-employment, under this subsection, and until
  300  the individual has earned income of at least 17 times his or her
  301  weekly benefit amount. The Agency for Workforce Innovation shall
  302  by rule adopt criteria for determining the “suitability of
  303  work,” as used in this section. The agency for Workforce
  304  Innovation In developing these rules, the agency shall consider
  305  the duration of a claimant’s unemployment in determining the
  306  suitability of work and the suitability of proposed rates of
  307  compensation for available work. Further, after an individual
  308  has received 19 25 weeks of benefits in a single year, suitable
  309  work is a job that pays the minimum wage and is 120 percent or
  310  more of the weekly benefit amount the individual is drawing.
  311         (a) In determining whether or not any work is suitable for
  312  an individual, the agency for Workforce Innovation shall
  313  consider the degree of risk involved to the individual’s his or
  314  her health, safety, and morals; the individual’s his or her
  315  physical fitness, and prior training,; the individual’s
  316  experience, and prior earnings,; his or her length of
  317  unemployment, and prospects for securing local work in his or
  318  her customary occupation; and the distance of the available work
  319  from his or her residence.
  320         (b) Notwithstanding any other provisions of this chapter,
  321  work is not deemed suitable and benefits may not be denied under
  322  this chapter to any otherwise eligible individual for refusing
  323  to accept new work under any of the following conditions:
  324         1. If The position offered is vacant due directly to a
  325  strike, lockout, or other labor dispute.
  326         2. If The wages, hours, or other conditions of the work
  327  offered are substantially less favorable to the individual than
  328  those prevailing for similar work in the locality.
  329         3. If As a condition of being employed, the individual is
  330  would be required to join a company union or to resign from or
  331  refrain from joining any bona fide labor organization.
  332         (c) If the agency for Workforce Innovation finds that an
  333  individual was rejected for offered employment as the direct
  334  result of a positive, confirmed drug test required as a
  335  condition of employment, the individual is disqualified for
  336  refusing to accept an offer of suitable work.
  337         (4)(3) For any week with respect to which he or she is
  338  receiving or has received remuneration in the form of:
  339         (a) Wages in lieu of notice.
  340         (b) Severance pay. The number of weeks that an individual’s
  341  severance pay disqualifies the individual is equal to the amount
  342  of the severance pay divided by the individual’s average weekly
  343  wage received from the employer that paid the severance pay,
  344  rounded down to the nearest whole number, beginning with the
  345  week the individual separated from that employer.
  346         (c)(b)1. Compensation for temporary total disability or
  347  permanent total disability under the workers’ compensation law
  348  of any state or under a similar law of the United States.
  349  
  350  2. However, if the remuneration referred to in paragraphs (a),
  351  and (b), and (c) is less than the benefits that would otherwise
  352  be due under this chapter, an individual who is otherwise
  353  eligible he or she is entitled to receive for that week, if
  354  otherwise eligible, benefits reduced by the amount of the
  355  remuneration.
  356         (10)(9) If the individual was terminated from his or her
  357  work for violation of any criminal law punishable by
  358  imprisonment, or for any dishonest act, in connection with his
  359  or her work, as follows:
  360         (a) If the Agency for Workforce Innovation or the
  361  Unemployment Appeals Commission finds that the individual was
  362  terminated from his or her work for violation of any criminal
  363  law, under any jurisdiction, which was punishable by
  364  imprisonment in connection with his or her work or affected his
  365  or her ability to perform work, and the individual was
  366  convicted, or entered a plea of guilty or nolo contendere found
  367  guilty of the offense, made an admission of guilt in a court of
  368  law, or entered a plea of no contest, the individual is not
  369  entitled to unemployment benefits for up to 52 weeks, pursuant
  370  to under rules adopted by the agency for Workforce Innovation,
  371  and until he or she has earned income of at least 17 times his
  372  or her weekly benefit amount. If, before an adjudication of
  373  guilt, an admission of guilt, or a plea of nolo contendere no
  374  contest, the employer proves by competent, substantial evidence
  375  to shows the agency for Workforce Innovation that the arrest was
  376  due to a crime against the employer or the employer’s business,
  377  customers, or invitees and, after considering all the evidence,
  378  the Agency for Workforce Innovation finds misconduct in
  379  connection with the individual’s work, the individual is not
  380  entitled to unemployment benefits.
  381         (b) If the Agency for Workforce Innovation or the
  382  Unemployment Appeals Commission finds that the individual was
  383  terminated from work for any dishonest act in connection with
  384  his or her work, the individual is not entitled to unemployment
  385  benefits for up to 52 weeks, pursuant to under rules adopted by
  386  the agency for Workforce Innovation, and until he or she has
  387  earned income of at least 17 times his or her weekly benefit
  388  amount. In addition, If the employer terminates an individual as
  389  a result of a dishonest act in connection with his or her work
  390  and the agency for Workforce Innovation finds misconduct in
  391  connection with his or her work, the individual is not entitled
  392  to unemployment benefits.
  393  
  394  If With respect to an individual is disqualified for benefits,
  395  the account of the terminating employer, if the employer is in
  396  the base period, is noncharged at the time the disqualification
  397  is imposed.
  398         (12) For any week in which the individual is unavailable
  399  for work due to incarceration or imprisonment.
  400         (13)(11) If an individual is discharged from employment for
  401  drug use as evidenced by a positive, confirmed drug test as
  402  provided in paragraph (1)(d), or is rejected for offered
  403  employment because of a positive, confirmed drug test as
  404  provided in paragraph (3)(c) (2)(c), test results and chain of
  405  custody documentation provided to the employer by a licensed and
  406  approved drug-testing laboratory is self-authenticating and
  407  admissible in unemployment compensation hearings, and such
  408  evidence creates a rebuttable presumption that the individual
  409  used, or was using, controlled substances, subject to the
  410  following conditions:
  411         (a) To qualify for the presumption described in this
  412  subsection, an employer must have implemented a drug-free
  413  workplace program under ss. 440.101 and 440.102, and must submit
  414  proof that the employer has qualified for the insurance
  415  discounts provided under s. 627.0915, as certified by the
  416  insurance carrier or self-insurance unit. In lieu of these
  417  requirements, an employer who does not fit the definition of
  418  “employer” in s. 440.102 may qualify for the presumption if the
  419  employer is in compliance with equivalent or more stringent
  420  drug-testing standards established by federal law or regulation.
  421         (b) Only laboratories licensed and approved as provided in
  422  s. 440.102(9), or as provided by equivalent or more stringent
  423  licensing requirements established by federal law or regulation
  424  may perform the drug tests.
  425         (c) Disclosure of drug test results and other information
  426  pertaining to drug testing of individuals who claim or receive
  427  compensation under this chapter is shall be governed by s.
  428  443.1715.
  429         Section 5. Effective July 1, 2011, paragraph (b) of
  430  subsection (1) of section 443.111, Florida Statutes, is amended
  431  to read:
  432         443.111 Payment of benefits.—
  433         (1) MANNER OF PAYMENT.—Benefits are payable from the fund
  434  in accordance with rules adopted by the Agency for Workforce
  435  Innovation, subject to the following requirements:
  436         (b) As required under s. 443.091(1), each claimant must
  437  report in the manner prescribed by the agency for Workforce
  438  Innovation to certify for benefits that are paid and must
  439  continue to report at least biweekly to receive unemployment
  440  benefits and to attest to the fact that she or he is able and
  441  available for work, has not refused suitable work, is seeking
  442  work and has contacted at least five prospective employers for
  443  each week of unemployment claimed, and, if she or he has worked,
  444  to report earnings from that work. Each claimant must continue
  445  to report regardless of any appeal or pending appeal relating to
  446  her or his eligibility or disqualification for benefits.
  447         Section 6. Effective July 1, 2011, paragraph (c) of
  448  subsection (3) of section 443.1115, Florida Statutes, is amended
  449  to read:
  450         443.1115 Extended benefits.—
  451         (3) ELIGIBILITY REQUIREMENTS FOR EXTENDED BENEFITS.—
  452         (c)1. An individual is disqualified from receiving extended
  453  benefits if the Agency for Workforce Innovation finds that,
  454  during any week of unemployment in her or his eligibility
  455  period:
  456         a. She or he failed to apply for suitable work or, if
  457  offered, failed to accept suitable work, unless the individual
  458  can furnish to the agency satisfactory evidence that her or his
  459  prospects for obtaining work in her or his customary occupation
  460  within a reasonably short period are good. If this evidence is
  461  deemed satisfactory for this purpose, the determination of
  462  whether any work is suitable for the individual shall be made in
  463  accordance with the definition of suitable work in s. 443.101(3)
  464  443.101(2). This disqualification begins with the week the
  465  failure occurred and continues until she or he is employed for
  466  at least 4 weeks and receives earned income of at least 17 times
  467  her or his weekly benefit amount.
  468         b. She or he failed to furnish tangible evidence that she
  469  or he actively engaged in a systematic and sustained effort to
  470  find work. This disqualification begins with the week the
  471  failure occurred and continues until she or he is employed for
  472  at least 4 weeks and receives earned income of at least 4 times
  473  her or his weekly benefit amount.
  474         2. Except as otherwise provided in sub-subparagraph 1.a.,
  475  as used in this paragraph, the term “suitable work” means any
  476  work within the individual’s capabilities to perform, if:
  477         a. The gross average weekly remuneration payable for the
  478  work exceeds the sum of the individual’s weekly benefit amount
  479  plus the amount, if any, of supplemental unemployment benefits,
  480  as defined in s. 501(c)(17)(D) of the Internal Revenue Code of
  481  1954, as amended, payable to the individual for that week;
  482         b. The wages payable for the work equal the higher of the
  483  minimum wages provided by s. 6(a)(1) of the Fair Labor Standards
  484  Act of 1938, without regard to any exemption, or the state or
  485  local minimum wage; and
  486         c. The work otherwise meets the definition of suitable work
  487  in s. 443.101(3) 443.101(2) to the extent that the criteria for
  488  suitability are not inconsistent with this paragraph.
  489         Section 7. Notwithstanding the expiration date contained in
  490  section 1 of chapter 2010-90, Laws of Florida, operating
  491  retroactive to December 17, 2010, and expiring January 4, 2012,
  492  section 443.1117, Florida Statutes, is revived, readopted, and
  493  amended to read:
  494         443.1117 Temporary extended benefits.—
  495         (1) APPLICABILITY OF EXTENDED BENEFITS STATUTE.—Except if
  496  the result is inconsistent with the other provisions of this
  497  section, s. 443.1115(2), (3), (4), (6), and (7) apply to all
  498  claims covered by this section.
  499         (2) DEFINITIONS.—As used in For the purposes of this
  500  section, the term:
  501         (a) “Regular benefits” and “extended benefits” have the
  502  same meaning as in s. 443.1115.
  503         (b) “Eligibility period” means the weeks in an individual’s
  504  benefit year or emergency benefit period which begin in an
  505  extended benefit period and, if the benefit year or emergency
  506  benefit period ends within that extended benefit period, any
  507  subsequent weeks beginning in that period.
  508         (c) “Emergency benefits” means Emergency Unemployment
  509  Compensation paid pursuant to Pub. L. No. 110-252, Pub. L. No.
  510  110-449, Pub. L. No. 111-5, Pub. L. No. 111-92, and Pub. L. No.
  511  111-118, Pub. L. No. 111-144, and Pub. L. No. 111-157, Pub. L.
  512  No. 111-205, and Pub. L. No. 111-312.
  513         (d) “Extended benefit period” means a period that:
  514         1. Begins with the third week after a week for which there
  515  is a state “on” indicator; and
  516         2. Ends with any of the following weeks, whichever occurs
  517  later:
  518         a. The third week after the first week for which there is a
  519  state “off” indicator;
  520         b. The 13th consecutive week of that period.
  521  
  522  However, an extended benefit period may not begin by reason of a
  523  state “on” indicator before the 14th week after the end of a
  524  prior extended benefit period that was in effect for this state.
  525         (e) “Emergency benefit period” means the period during
  526  which an individual receives emergency benefits as defined in
  527  paragraph (c).
  528         (f) “Exhaustee” means an individual who, for any week of
  529  unemployment in her or his eligibility period:
  530         1. Has received, before that week, all of the regular
  531  benefits and emergency benefits, if any, available under this
  532  chapter or any other law, including dependents’ allowances and
  533  benefits payable to federal civilian employees and ex
  534  servicemembers under 5 U.S.C. ss. 8501-8525, in the current
  535  benefit year or emergency benefit period that includes that
  536  week. For the purposes of this subparagraph, an individual has
  537  received all of the regular benefits and emergency benefits, if
  538  any, available even if although, as a result of a pending appeal
  539  for wages paid for insured work which were not considered in the
  540  original monetary determination in the benefit year, she or he
  541  may subsequently be determined to be entitled to added regular
  542  benefits;
  543         2. Had a benefit year that which expired before that week,
  544  and was paid no, or insufficient, wages for insured work on the
  545  basis of which she or he could establish a new benefit year that
  546  includes that week; and
  547         3.a. Has no right to unemployment benefits or allowances
  548  under the Railroad Unemployment Insurance Act or other federal
  549  laws as specified in regulations issued by the United States
  550  Secretary of Labor; and
  551         b. Has not received and is not seeking unemployment
  552  benefits under the unemployment compensation law of Canada; but
  553  if an individual is seeking those benefits and the appropriate
  554  agency finally determines that she or he is not entitled to
  555  benefits under that law, she or he is considered an exhaustee.
  556         (g) “State ‘on’ indicator” means, with respect to weeks of
  557  unemployment beginning on or after February 1, 2009, and ending
  558  on or before December 10, 2011 May 8, 2010, the occurrence of a
  559  week in which the average total unemployment rate, seasonally
  560  adjusted, as determined by the United States Secretary of Labor,
  561  for the most recent 3 months for which data for all states are
  562  published by the United States Department of Labor:
  563         1. Equals or exceeds 110 percent of the average of those
  564  rates for the corresponding 3-month period ending in any or all
  565  each of the preceding 3 2 calendar years; and
  566         2. Equals or exceeds 6.5 percent.
  567         (h) “High unemployment period” means, with respect to weeks
  568  of unemployment beginning on or after February 1, 2009, and
  569  ending on or before December 10, 2011 May 8, 2010, any week in
  570  which the average total unemployment rate, seasonally adjusted,
  571  as determined by the United States Secretary of Labor, for the
  572  most recent 3 months for which data for all states are published
  573  by the United States Department of Labor:
  574         1. Equals or exceeds 110 percent of the average of those
  575  rates for the corresponding 3-month period ending in any or all
  576  each of the preceding 3 2 calendar years; and
  577         2. Equals or exceeds 8 percent.
  578         (i) “State ‘off’ indicator” means the occurrence of a week
  579  in which there is no state “on” indicator or which does not
  580  constitute a high unemployment period.
  581         (3) TOTAL EXTENDED BENEFIT AMOUNT.—Except as provided in
  582  subsection (4):
  583         (a) For any week for which there is an “on” indicator
  584  pursuant to paragraph (2)(g), the total extended benefit amount
  585  payable to an eligible individual for her or his applicable
  586  benefit year is the lesser of:
  587         1. Fifty percent of the total regular benefits payable
  588  under this chapter in the applicable benefit year; or
  589         2. Thirteen times the weekly benefit amount payable under
  590  this chapter for a week of total unemployment in the applicable
  591  benefit year.
  592         (b) For any high unemployment period, the total extended
  593  benefit amount payable to an eligible individual for her or his
  594  applicable benefit year is the lesser of:
  595         1. Eighty percent of the total regular benefits payable
  596  under this chapter in the applicable benefit year; or
  597         2. Twenty times the weekly benefit amount payable under
  598  this chapter for a week of total unemployment in the applicable
  599  benefit year.
  600         (4) EFFECT ON TRADE READJUSTMENT.—Notwithstanding any other
  601  provision of this chapter, if the benefit year of an individual
  602  ends within an extended benefit period, the number of weeks of
  603  extended benefits the individual is entitled to receive in that
  604  extended benefit period for weeks of unemployment beginning
  605  after the end of the benefit year, except as provided in this
  606  section, is reduced, but not to below zero, by the number of
  607  weeks for which the individual received, within that benefit
  608  year, trade readjustment allowances under the Trade Act of 1974,
  609  as amended.
  610         Section 8. The provisions of s. 443.1117, Florida Statutes,
  611  as revived, readopted, and amended by this act, apply only to
  612  claims for weeks of unemployment in which an exhaustee
  613  establishes entitlement to extended benefits pursuant to that
  614  section which are established for the period between December
  615  17, 2010, and January 4, 2012.
  616         Section 9. Effective July 1, 2011, paragraph (a) of
  617  subsection (1) and paragraph (f) of subsection (13) of section
  618  443.1216, Florida Statutes, are amended to read:
  619         443.1216 Employment.—Employment, as defined in s. 443.036,
  620  is subject to this chapter under the following conditions:
  621         (1)(a) The employment subject to this chapter includes a
  622  service performed, including a service performed in interstate
  623  commerce, by:
  624         1. An officer of a corporation.
  625         2. An individual who, under the usual common-law rules
  626  applicable in determining the employer-employee relationship, is
  627  an employee. However, if whenever a client, as defined in s.
  628  443.036(18), which would otherwise be designated as an employing
  629  unit, has contracted with an employee leasing company to supply
  630  it with workers, those workers are considered employees of the
  631  employee leasing company and must be reported under the leasing
  632  company’s tax identification number and contribution rate for
  633  work performed for the leasing company.
  634         a. However, except for the internal employees of an
  635  employee leasing company, a leasing company may make a one-time
  636  election to report and pay contributions for all leased
  637  employees under the respective unemployment account of each
  638  client of the leasing company. This election applies only to
  639  contributions for unemployment.
  640         (I) The election applies to all of the leasing company’s
  641  current and future clients.
  642         (II) The leasing company must notify the Agency for
  643  Workforce Innovation or the tax collection service provider of
  644  its election by August 1, and such election applies to reports
  645  and contributions for the first quarter of the following
  646  calendar year. The notification must include:
  647         (A) A list of each client company and its unemployment
  648  account number;
  649         (B)A list of each client company’s current and previous
  650  employees and their respective social security numbers for the
  651  prior 3 state fiscal years;
  652         (C)All wage data and benefit charges for the prior 3 state
  653  fiscal years.
  654         (III) Subsequent to such election, the employee leasing
  655  company may not change its reporting method.
  656         (IV)The employee leasing company must file a Florida
  657  Department of Revenue Employer’s Quarterly Report (UCT-6) for
  658  each client company and pay all contributions by approved
  659  electronic means.
  660         (V) For the purposes of calculating experience rates, the
  661  election is treated like a total or partial succession,
  662  depending on the percentage of employees leased. If the client
  663  company leases only a portion of its employees from the leasing
  664  company, the client company shall continue to report the
  665  nonleased employees under its tax rate based on the experience
  666  of the nonleased employees.
  667         (VI) This sub-subparagraph applies to all employee leasing
  668  companies, including each leasing company that is a group member
  669  or group leader of an employee leasing company group licensed
  670  pursuant to chapter 468. The election is binding on all employee
  671  leasing companies and their related enterprises, subsidiaries,
  672  or other entities that share common ownership, management, or
  673  control with the leasing company. The election is also binding
  674  on all clients of the leasing company for as long as a written
  675  agreement is in effect between the client and the leasing
  676  company pursuant to s. 468.525(3)(a). If the relationship
  677  between the leasing company and the client terminates, the
  678  client retains the wage and benefit history experienced under
  679  the leasing company.
  680         b. An employee leasing company may lease corporate officers
  681  of the client to the client and other workers to the client,
  682  except as prohibited by regulations of the Internal Revenue
  683  Service. Employees of an employee leasing company must be
  684  reported under the employee leasing company’s tax identification
  685  number and contribution rate for work performed for the employee
  686  leasing company.
  687         c.a. In addition to any other report required to be filed
  688  by law, an employee leasing company shall submit a report to the
  689  Labor Market Statistics Center within the Agency for Workforce
  690  Innovation which includes each client establishment and each
  691  establishment of the employee leasing company, or as otherwise
  692  directed by the agency. The report must include the following
  693  information for each establishment:
  694         (I) The trade or establishment name;
  695         (II) The former unemployment compensation account number,
  696  if available;
  697         (III) The former federal employer’s identification number
  698  (FEIN), if available;
  699         (IV) The industry code recognized and published by the
  700  United States Office of Management and Budget, if available;
  701         (V) A description of the client’s primary business activity
  702  in order to verify or assign an industry code;
  703         (VI) The address of the physical location;
  704         (VII) The number of full-time and part-time employees who
  705  worked during, or received pay that was subject to unemployment
  706  compensation taxes for, the pay period including the 12th of the
  707  month for each month of the quarter;
  708         (VIII) The total wages subject to unemployment compensation
  709  taxes paid during the calendar quarter;
  710         (IX) An internal identification code to uniquely identify
  711  each establishment of each client;
  712         (X) The month and year that the client entered into the
  713  contract for services; and
  714         (XI) The month and year that the client terminated the
  715  contract for services.
  716         d.b. The report shall be submitted electronically or in a
  717  manner otherwise prescribed by the Agency for Workforce
  718  Innovation in the format specified by the Bureau of Labor
  719  Statistics of the United States Department of Labor for its
  720  Multiple Worksite Report for Professional Employer
  721  Organizations. The report must be provided quarterly to the
  722  Labor Market Statistics Center within the agency for Workforce
  723  Innovation, or as otherwise directed by the agency, and must be
  724  filed by the last day of the month immediately following the end
  725  of the calendar quarter. The information required in sub-sub
  726  subparagraphs c.(X) and (XI) a.(X) and (XI) need be provided
  727  only in the quarter in which the contract to which it relates
  728  was entered into or terminated. The sum of the employment data
  729  and the sum of the wage data in this report must match the
  730  employment and wages reported in the unemployment compensation
  731  quarterly tax and wage report. A report is not required for any
  732  calendar quarter preceding the third calendar quarter of 2010.
  733         e.c. The Agency for Workforce Innovation shall adopt rules
  734  as necessary to administer this subparagraph, and may
  735  administer, collect, enforce, and waive the penalty imposed by
  736  s. 443.141(1)(b) for the report required by this subparagraph.
  737         f.d. For the purposes of this subparagraph, the term
  738  “establishment” means any location where business is conducted
  739  or where services or industrial operations are performed.
  740         3. An individual other than an individual who is an
  741  employee under subparagraph 1. or subparagraph 2., who performs
  742  services for remuneration for any person:
  743         a. As an agent-driver or commission-driver engaged in
  744  distributing meat products, vegetable products, fruit products,
  745  bakery products, beverages other than milk, or laundry or
  746  drycleaning services for his or her principal.
  747         b. As a traveling or city salesperson engaged on a full
  748  time basis in the solicitation on behalf of, and the
  749  transmission to, his or her principal of orders from
  750  wholesalers, retailers, contractors, or operators of hotels,
  751  restaurants, or other similar establishments for merchandise for
  752  resale or supplies for use in their business operations. This
  753  sub-subparagraph does not apply to an agent-driver or a
  754  commission-driver and does not apply to sideline sales
  755  activities performed on behalf of a person other than the
  756  salesperson’s principal.
  757         4. The services described in subparagraph 3. are employment
  758  subject to this chapter only if:
  759         a. The contract of service contemplates that substantially
  760  all of the services are to be performed personally by the
  761  individual;
  762         b. The individual does not have a substantial investment in
  763  facilities used in connection with the services, other than
  764  facilities used for transportation; and
  765         c. The services are not in the nature of a single
  766  transaction that is not part of a continuing relationship with
  767  the person for whom the services are performed.
  768         (13) The following are exempt from coverage under this
  769  chapter:
  770         (f) Service performed in the employ of a public employer as
  771  defined in s. 443.036, except as provided in subsection (2), and
  772  service performed in the employ of an instrumentality of a
  773  public employer as described in s. 443.036(36)(b) 443.036(35)(b)
  774  or (c), to the extent that the instrumentality is immune under
  775  the United States Constitution from the tax imposed by s. 3301
  776  of the Internal Revenue Code for that service.
  777         Section 10. Effective upon this act becoming a law and
  778  operating retroactively to January 1, 2011, paragraphs (c) and
  779  (e) of subsection (3) of section 443.131, Florida Statutes, are
  780  amended to read:
  781         443.131 Contributions.—
  782         (3) VARIATION OF CONTRIBUTION RATES BASED ON BENEFIT
  783  EXPERIENCE.—
  784         (c) Standard rate.—The standard rate of contributions
  785  payable by each employer shall be 6.4 5.4 percent.
  786         (e) Assignment of variations from the standard rate.—For
  787  the calculation of contribution rates effective January 1, 2010,
  788  and thereafter:
  789         1. The tax collection service provider shall assign a
  790  variation from the standard rate of contributions for each
  791  calendar year to each eligible employer. In determining the
  792  contribution rate, varying from the standard rate to be assigned
  793  each employer, adjustment factors computed under sub
  794  subparagraphs a.-d. are added to the benefit ratio. This
  795  addition shall be accomplished in two steps by adding a variable
  796  adjustment factor and a final adjustment factor. The sum of
  797  these adjustment factors computed under sub-subparagraphs a.-d.
  798  shall first be algebraically summed. The sum of these adjustment
  799  factors shall next be divided by a gross benefit ratio
  800  determined as follows: Total benefit payments for the 3-year
  801  period described in subparagraph (b)2. are charged to employers
  802  eligible for a variation from the standard rate, minus excess
  803  payments for the same period, divided by taxable payroll
  804  entering into the computation of individual benefit ratios for
  805  the calendar year for which the contribution rate is being
  806  computed. The ratio of the sum of the adjustment factors
  807  computed under sub-subparagraphs a.-d. to the gross benefit
  808  ratio is multiplied by each individual benefit ratio that is
  809  less than the maximum contribution rate to obtain variable
  810  adjustment factors; except that if the sum of an employer’s
  811  individual benefit ratio and variable adjustment factor exceeds
  812  the maximum contribution rate, the variable adjustment factor is
  813  reduced in order for the sum to equal the maximum contribution
  814  rate. The variable adjustment factor for each of these employers
  815  is multiplied by his or her taxable payroll entering into the
  816  computation of his or her benefit ratio. The sum of these
  817  products is divided by the taxable payroll of the employers who
  818  entered into the computation of their benefit ratios. The
  819  resulting ratio is subtracted from the sum of the adjustment
  820  factors computed under sub-subparagraphs a.-d. to obtain the
  821  final adjustment factor. The variable adjustment factors and the
  822  final adjustment factor must be computed to five decimal places
  823  and rounded to the fourth decimal place. This final adjustment
  824  factor is added to the variable adjustment factor and benefit
  825  ratio of each employer to obtain each employer’s contribution
  826  rate. An employer’s contribution rate may not, however, be
  827  rounded to less than 0.1 percent.
  828         a. An adjustment factor for noncharge benefits is computed
  829  to the fifth decimal place and rounded to the fourth decimal
  830  place by dividing the amount of noncharge benefits during the 3
  831  year period described in subparagraph (b)2. by the taxable
  832  payroll of employers eligible for a variation from the standard
  833  rate who have a benefit ratio for the current year which is less
  834  than the maximum contribution rate. For purposes of computing
  835  this adjustment factor, the taxable payroll of these employers
  836  is the taxable payrolls for the 3 years ending June 30 of the
  837  current calendar year as reported to the tax collection service
  838  provider by September 30 of the same calendar year. As used in
  839  this sub-subparagraph, the term “noncharge benefits” means
  840  benefits paid to an individual from the Unemployment
  841  Compensation Trust Fund, but which were not charged to the
  842  employment record of any employer.
  843         b. An adjustment factor for excess payments is computed to
  844  the fifth decimal place, and rounded to the fourth decimal place
  845  by dividing the total excess payments during the 3-year period
  846  described in subparagraph (b)2. by the taxable payroll of
  847  employers eligible for a variation from the standard rate who
  848  have a benefit ratio for the current year which is less than the
  849  maximum contribution rate. For purposes of computing this
  850  adjustment factor, the taxable payroll of these employers is the
  851  same figure used to compute the adjustment factor for noncharge
  852  benefits under sub-subparagraph a. As used in this sub
  853  subparagraph, the term “excess payments” means the amount of
  854  benefits charged to the employment record of an employer during
  855  the 3-year period described in subparagraph (b)2., less the
  856  product of the maximum contribution rate and the employer’s
  857  taxable payroll for the 3 years ending June 30 of the current
  858  calendar year as reported to the tax collection service provider
  859  by September 30 of the same calendar year. As used in this sub
  860  subparagraph, the term “total excess payments” means the sum of
  861  the individual employer excess payments for those employers that
  862  were eligible for assignment of a contribution rate different
  863  from the standard rate.
  864         c. With respect to computing a positive adjustment factor:
  865         (I) Beginning January 1, 2012, if the balance of the
  866  Unemployment Compensation Trust Fund on September 30 of the
  867  calendar year immediately preceding the calendar year for which
  868  the contribution rate is being computed is less than 4 percent
  869  of the taxable payrolls for the year ending June 30 as reported
  870  to the tax collection service provider by September 30 of that
  871  calendar year, a positive adjustment factor shall be computed.
  872  The positive adjustment factor is computed annually to the fifth
  873  decimal place and rounded to the fourth decimal place by
  874  dividing the sum of the total taxable payrolls for the year
  875  ending June 30 of the current calendar year as reported to the
  876  tax collection service provider by September 30 of that calendar
  877  year into a sum equal to one-third of the difference between the
  878  balance of the fund as of September 30 of that calendar year and
  879  the sum of 5 percent of the total taxable payrolls for that
  880  year. The positive adjustment factor remains in effect for
  881  subsequent years until the balance of the Unemployment
  882  Compensation Trust Fund as of September 30 of the year
  883  immediately preceding the effective date of the contribution
  884  rate equals or exceeds 5 percent of the taxable payrolls for the
  885  year ending June 30 of the current calendar year as reported to
  886  the tax collection service provider by September 30 of that
  887  calendar year.
  888         (II) Beginning January 1, 2015, and for each year
  889  thereafter, the positive adjustment shall be computed by
  890  dividing the sum of the total taxable payrolls for the year
  891  ending June 30 of the current calendar year as reported to the
  892  tax collection service provider by September 30 of that calendar
  893  year into a sum equal to one-fourth of the difference between
  894  the balance of the fund as of September 30 of that calendar year
  895  and the sum of 5 percent of the total taxable payrolls for that
  896  year. The positive adjustment factor remains in effect for
  897  subsequent years until the balance of the Unemployment
  898  Compensation Trust Fund as of September 30 of the year
  899  immediately preceding the effective date of the contribution
  900  rate equals or exceeds 4 percent of the taxable payrolls for the
  901  year ending June 30 of the current calendar year as reported to
  902  the tax collection service provider by September 30 of that
  903  calendar year.
  904         d. If, beginning January 1, 2015, and each year thereafter,
  905  the balance of the Unemployment Compensation Trust Fund as of
  906  September 30 of the year immediately preceding the calendar year
  907  for which the contribution rate is being computed exceeds 5
  908  percent of the taxable payrolls for the year ending June 30 of
  909  the current calendar year as reported to the tax collection
  910  service provider by September 30 of that calendar year, a
  911  negative adjustment factor must be computed. The negative
  912  adjustment factor shall be computed annually beginning on
  913  January 1, 2015, and each year thereafter, to the fifth decimal
  914  place and rounded to the fourth decimal place by dividing the
  915  sum of the total taxable payrolls for the year ending June 30 of
  916  the current calendar year as reported to the tax collection
  917  service provider by September 30 of the calendar year into a sum
  918  equal to one-fourth of the difference between the balance of the
  919  fund as of September 30 of the current calendar year and 5
  920  percent of the total taxable payrolls of that year. The negative
  921  adjustment factor remains in effect for subsequent years until
  922  the balance of the Unemployment Compensation Trust Fund as of
  923  September 30 of the year immediately preceding the effective
  924  date of the contribution rate is less than 5 percent, but more
  925  than 4 percent of the taxable payrolls for the year ending June
  926  30 of the current calendar year as reported to the tax
  927  collection service provider by September 30 of that calendar
  928  year. The negative adjustment authorized by this section is
  929  suspended in any calendar year in which repayment of the
  930  principal amount of an advance received from the federal
  931  Unemployment Compensation Trust Fund under 42 U.S.C. s. 1321 is
  932  due to the Federal Government.
  933         e. The maximum contribution rate that may be assigned to an
  934  employer is 6.4 5.4 percent, except employers participating in
  935  an approved short-time compensation plan may be assigned a
  936  maximum contribution rate that is 1 percent greater than the
  937  maximum contribution rate for other employers in any calendar
  938  year in which short-time compensation benefits are charged to
  939  the employer’s employment record.
  940         f. As used in this subsection, “taxable payroll” shall be
  941  determined by excluding any part of the remuneration paid to an
  942  individual by an employer for employment during a calendar year
  943  in excess of the first $7,000. Beginning January 1, 2012,
  944  “taxable payroll” shall be determined by excluding any part of
  945  the remuneration paid to an individual by an employer for
  946  employment during a calendar year as described in s.
  947  443.1217(2). For the purposes of the employer rate calculation
  948  that will take effect in January 1, 2012, and in January 1,
  949  2013, the tax collection service provider shall use the data
  950  available for taxable payroll from 2009 based on excluding any
  951  part of the remuneration paid to an individual by an employer
  952  for employment during a calendar year in excess of the first
  953  $7,000, and from 2010 and 2011, the data available for taxable
  954  payroll based on excluding any part of the remuneration paid to
  955  an individual by an employer for employment during a calendar
  956  year in excess of the first $8,500.
  957         2. If the transfer of an employer’s employment record to an
  958  employing unit under paragraph (f) which, before the transfer,
  959  was an employer, the tax collection service provider shall
  960  recompute a benefit ratio for the successor employer based on
  961  the combined employment records and reassign an appropriate
  962  contribution rate to the successor employer effective on the
  963  first day of the calendar quarter immediately after the
  964  effective date of the transfer.
  965         Section 11. Present paragraph (f) of subsection (1) of
  966  section 443.141, Florida Statutes, is redesignated as paragraph
  967  (g), and a new paragraph (f) is added to that subsection, to
  968  read:
  969         443.141 Collection of contributions and reimbursements.—
  970         (1) PAST DUE CONTRIBUTIONS AND REIMBURSEMENTS; DELINQUENT,
  971  ERRONEOUS, INCOMPLETE, OR INSUFFICIENT REPORTS.—
  972         (f) Payments for 2012, 2013, and 2014 Contributions.—For an
  973  annual administrative fee not to exceed $5, a contributing
  974  employer may pay its quarterly contributions due for wages paid
  975  in the first three quarters of 2012, 2013, and 2014 in equal
  976  installments if those contributions are paid as follows:
  977         1. For contributions due for wages paid in the first
  978  quarter of each year, one-fourth of the contributions due must
  979  be paid on or before April 30, one-fourth must be paid on or
  980  before July 31, one-fourth must be paid on or before October 31,
  981  and one-fourth must be paid on or before December 31.
  982         2. In addition to the payments specified in subparagraph
  983  1., for contributions due for wages paid in the second quarter
  984  of each year, one-third of the contributions due must be paid on
  985  or before July 31, one-third must be paid on or before October
  986  31, and one-third must be paid on or before December 31.
  987         3. In addition to the payments specified in subparagraphs
  988  1. and 2., for contributions due for wages paid in the third
  989  quarter of each year, one-half of the contributions due must be
  990  paid on or before October 31, and one-half must be paid on or
  991  before December 31.
  992         4. The annual administrative fee assessed for electing to
  993  pay under the installment method shall be collected at the time
  994  the employer makes the first installment payment each year. The
  995  fee shall be segregated from the payment and deposited into the
  996  Operating Trust Fund of the Department of Revenue.
  997         5. Interest does not accrue on any contribution that
  998  becomes due for wages paid in the first three quarters of each
  999  year if the employer pays the contribution in accordance with
 1000  subparagraphs 1.-4. Interest and fees continue to accrue on
 1001  prior delinquent contributions and commence accruing on all
 1002  contributions due for wages paid in the first three quarters of
 1003  each year which are not paid in accordance with subparagraphs
 1004  1.-3. Penalties may be assessed in accordance with this chapter.
 1005  The contributions due for wages paid in the fourth quarter of
 1006  2012, 2013, and 2014 are not affected by this paragraph and are
 1007  due and payable in accordance with this chapter.
 1008         Section 12. Effective July 1, 2011, paragraph (a) of
 1009  subsection (2), paragraphs (d) and (e) of subsection (3), and
 1010  paragraphs (b) and (e) of subsection (4) of section 443.151,
 1011  Florida Statutes, are amended, present paragraphs (c) through
 1012  (f) of subsection (6) of that section are redesignated as
 1013  paragraphs (d) through (g), respectively, and a new paragraph
 1014  (c) is added to that subsection, to read:
 1015         443.151 Procedure concerning claims.—
 1016         (2) FILING OF CLAIM INVESTIGATIONS; NOTIFICATION OF
 1017  CLAIMANTS AND EMPLOYERS.—
 1018         (a) In general.Initial and continued claims for benefits
 1019  must be made by approved electronic means and in accordance with
 1020  the rules adopted by the Agency for Workforce Innovation. The
 1021  agency must notify claimants and employers regarding monetary
 1022  and nonmonetary determinations of eligibility. Investigations of
 1023  issues raised in connection with a claimant which may affect a
 1024  claimant’s eligibility for benefits or charges to an employer’s
 1025  employment record shall be conducted by the agency through
 1026  written, telephonic, or electronic means as prescribed by rule.
 1027         (3) DETERMINATION OF ELIGIBILITY.—
 1028         (d) Determinations in labor dispute cases.If a Whenever
 1029  any claim involves a labor dispute described in s. 443.101(5)
 1030  443.101(4), the Agency for Workforce Innovation shall promptly
 1031  assign the claim to a special examiner who shall make a
 1032  determination on the issues involving unemployment due to the
 1033  labor dispute. The special examiner shall make the determination
 1034  after an investigation, as necessary. The claimant or another
 1035  party entitled to notice of the determination may appeal a
 1036  determination under subsection (4).
 1037         (e) Redeterminations.—
 1038         1. The Agency for Workforce Innovation may reconsider a
 1039  determination if it finds an error or if new evidence or
 1040  information pertinent to the determination is discovered after a
 1041  prior determination or redetermination. A redetermination may
 1042  not be made more than 1 year after the last day of the benefit
 1043  year unless the disqualification for making a false or
 1044  fraudulent representation under s. 443.101(7) 443.101(6) is
 1045  applicable, in which case the redetermination may be made within
 1046  2 years after the false or fraudulent representation. The agency
 1047  must promptly give notice of redetermination to the claimant and
 1048  to any employers entitled to notice in the manner prescribed in
 1049  this section for the notice of an initial determination.
 1050         2. If the amount of benefits is increased by the
 1051  redetermination, an appeal of the redetermination based solely
 1052  on the increase may be filed as provided in subsection (4). If
 1053  the amount of benefits is decreased by the redetermination, the
 1054  redetermination may be appealed by the claimant if a subsequent
 1055  claim for benefits is affected in amount or duration by the
 1056  redetermination. If the final decision on the determination or
 1057  redetermination to be reconsidered was made by an appeals
 1058  referee, the commission, or a court, the Agency for Workforce
 1059  Innovation may apply for a revised decision from the body or
 1060  court that made the final decision.
 1061         3. If an appeal of an original determination is pending
 1062  when a redetermination is issued, the appeal, unless withdrawn,
 1063  is treated as an appeal from the redetermination.
 1064         (4) APPEALS.—
 1065         (b) Filing and hearing.—
 1066         1. The claimant or any other party entitled to notice of a
 1067  determination may appeal an adverse determination to an appeals
 1068  referee within 20 days after the date of mailing of the notice
 1069  to her or his last known address or, if the notice is not
 1070  mailed, within 20 days after the date of delivering delivery of
 1071  the notice.
 1072         2. Unless the appeal is untimely or withdrawn, or review is
 1073  initiated by the commission, the appeals referee, after mailing
 1074  all parties and attorneys of record a notice of hearing at least
 1075  10 days before the date of hearing, notwithstanding the 14-day
 1076  notice requirement in s. 120.569(2)(b), may only affirm, modify,
 1077  or reverse the determination. An appeal may not be withdrawn
 1078  without the permission of the appeals referee.
 1079         3. However, if when an appeal appears to have been filed
 1080  after the permissible time limit, the Office of Appeals may
 1081  issue an order to show cause to the appellant which requires,
 1082  requiring the appellant to show why the appeal should not be
 1083  dismissed as untimely. If the appellant does not, within 15 days
 1084  after the mailing date of the order to show cause, the appellant
 1085  does not provide written evidence of timely filing or good cause
 1086  for failure to appeal timely, the appeal shall be dismissed.
 1087         4. If When an appeal involves a question of whether
 1088  services were performed by a claimant in employment or for an
 1089  employer, the referee must give special notice of the question
 1090  and of the pendency of the appeal to the employing unit and to
 1091  the Agency for Workforce Innovation, both of which become
 1092  parties to the proceeding.
 1093         5. Any part of the evidence may be received in written
 1094  form, and all testimony of parties and witnesses must be made
 1095  under oath.
 1096         a. Irrelevant, immaterial, or unduly repetitious evidence
 1097  shall be excluded, but all other evidence of a type commonly
 1098  relied upon by reasonably prudent persons in the conduct of
 1099  their affairs is admissible, whether or not such evidence would
 1100  be admissible in a trial in state court.
 1101         b. Hearsay evidence may be used for the purpose of
 1102  supplementing or explaining other evidence, or to support a
 1103  finding if it would be admissible over objection in civil
 1104  actions. Notwithstanding s. 120.57(1)(c), hearsay evidence may
 1105  support a finding of fact if:
 1106         (I) The party against whom it is offered has a reasonable
 1107  opportunity to review it before the hearing; and
 1108         (II) The appeals referee or special deputy determines,
 1109  after considering all relevant facts and circumstances, that the
 1110  evidence is trustworthy and probative and that the interests of
 1111  justice are best served by its admission into evidence.
 1112         6.5. The parties must be notified promptly of the referee’s
 1113  decision. The referee’s decision is final unless further review
 1114  is initiated under paragraph (c) within 20 days after the date
 1115  of mailing notice of the decision to the party’s last known
 1116  address or, in lieu of mailing, within 20 days after the
 1117  delivery of the notice.
 1118         (e) Judicial review.—Orders of the commission entered under
 1119  paragraph (c) are subject to review only by notice of appeal in
 1120  the district court of appeal in the appellate district in which
 1121  the issues involved were decided by an appeals referee. If the
 1122  notice of appeal is filed by the claimant, it must be filed in
 1123  the appellate district in which the claimant resides. If the
 1124  notice of appeal is filed by the employer, it must be filed in
 1125  the appellate district in which the business is located.
 1126  However, if the claimant does not reside in this state or the
 1127  business is not located in this state, the notice of appeal must
 1128  be filed in the appellate district in which the order was
 1129  issued. Notwithstanding chapter 120, the commission is a party
 1130  respondent to every such proceeding. The Agency for Workforce
 1131  Innovation may initiate judicial review of orders in the same
 1132  manner and to the same extent as any other party.
 1133         (6) RECOVERY AND RECOUPMENT.—
 1134         (c) Any person who, by reason other than fraud, receives
 1135  benefits under this chapter for which she or he is not entitled
 1136  due to the failure of the Agency for Workforce Innovation to
 1137  make and provide notice of a nonmonetary determination under
 1138  paragraph (3)(c) within 30 days after filing a new claim, is
 1139  liable for repaying up to 5 weeks of benefits received to the
 1140  agency on behalf of the trust fund or may have those benefits
 1141  deducted from any future benefits payable to her or him under
 1142  this chapter.
 1143         Section 13. Subsection (10) is added to section 443.171,
 1144  Florida Statutes, to read:
 1145         443.171 Agency for Workforce Innovation and commission;
 1146  powers and duties; records and reports; proceedings; state
 1147  federal cooperation.—
 1148         (10) EVIDENCE OF MAILING.—A mailing date on any notice,
 1149  determination, decision, order, or other document mailed by the
 1150  Agency for Workforce Innovation or its tax collection service
 1151  provider pursuant to this chapter creates a rebuttable
 1152  presumption that such notice, determination, order, or other
 1153  document was mailed on the date indicated.
 1154         Section 14. The Legislature finds that this act fulfills an
 1155  important state interest.
 1156         Section 15. Except as otherwise expressly provided in this
 1157  act, this act shall take effect upon becoming a law.
 1158  
 1159  ================= T I T L E  A M E N D M E N T ================
 1160         And the title is amended as follows:
 1161         Delete everything before the enacting clause
 1162  and insert:
 1163                        A bill to be entitled                      
 1164         An act relating to unemployment compensation; amending
 1165         s. 213.053, F.S.; increasing the number of employer
 1166         payroll service providers who qualify for access to
 1167         unemployment tax information by filing a memorandum of
 1168         understanding; amending s. 443.036, F.S.; revising the
 1169         definitions for “available for work,” “earned income,”
 1170         “misconduct,” and “unemployment”; adding a definition
 1171         for “initial skills review”; amending s. 443.091,
 1172         F.S.; revising requirements for making continued
 1173         claims for benefits; requiring that an individual
 1174         claiming benefits report certain information and
 1175         participate in an initial skills review; providing an
 1176         exception; specifying criteria for determining an
 1177         applicant’s availability for work; amending s.
 1178         443.101, F.S.; clarifying “good cause” for voluntarily
 1179         leaving employment; specifying acts that are “gross
 1180         misconduct” for purposes of discharging an employee
 1181         and disqualifying him or her for benefits; revising
 1182         the criteria for determining suitable work to reduce
 1183         the number of weeks a person may receive benefits
 1184         before having to accept a job that pays a certain
 1185         amount; disqualifying a person for benefits due to the
 1186         receipt of severance pay; revising provisions relating
 1187         to the effect of criminal acts on eligibility for
 1188         benefits; disqualifying an individual for benefits for
 1189         any week he or she is incarcerated; amending s.
 1190         443.111, F.S.; conforming provisions to changes made
 1191         by the act; amending s. 443.1115, F.S.; conforming
 1192         cross-references; reviving, readopting, and amending
 1193         s. 443.1117, F.S., relating to temporary extended
 1194         benefits; providing for retroactive application;
 1195         providing for applicability relating to extended
 1196         benefits for certain weeks and for periods of high
 1197         unemployment; providing for applicability; amending s.
 1198         443.1216, F.S.; providing that employee leasing
 1199         companies may make a one-time election to report
 1200         leased employees under the respective unemployment
 1201         account of each leasing company client; providing
 1202         procedures and application for such election;
 1203         conforming a cross-reference; amending s. 443.131,
 1204         F.S.; increasing the employer’s standard rate of
 1205         contributions; providing for retroactive application;
 1206         amending s. 443.141, F.S.; providing an employer
 1207         payment schedule for 2012, 2013, and 2014
 1208         contributions; requiring an employer to pay a fee for
 1209         paying contributions on a quarterly schedule;
 1210         providing penalties, interest, and fees on delinquent
 1211         contributions; amending s. 443.151, F.S.; requiring
 1212         claims to be submitted by electronic means; conforming
 1213         cross-references; specifying the allowable forms of
 1214         evidence in an appeal hearing; specifying the judicial
 1215         venue for filing a notice of appeal; providing for
 1216         repayment of benefits in cases of agency error;
 1217         amending s. 443.171, F.S.; specifying that evidence of
 1218         mailing an agency document creates a rebuttable
 1219         presumption; providing that the act fulfills an
 1220         important state interest; providing effective dates.