Florida Senate - 2012                      CS for CS for SB 1416
       
       
       
       By the Committees on Budget Subcommittee on Transportation,
       Tourism, and Economic Development Appropriations; and Commerce
       and Tourism; and Senator Bogdanoff
       
       
       606-04268-12                                          20121416c2
    1                        A bill to be entitled                      
    2         An act relating to unemployment compensation; amending
    3         s. 443.011, F.S.; revising a short title to rename
    4         “unemployment compensation” as “reemployment
    5         assistance”; amending s. 443.012, F.S.; renaming the
    6         Unemployment Appeals Commission as the Reemployment
    7         Assistance Appeals Commission; amending s. 443.036,
    8         F.S.; providing a definition for the term
    9         “reemployment assistance”; revising references to
   10         conform to changes made by the act; amending s.
   11         443.071, F.S.; specifying what constitutes prima facie
   12         evidence that the person claimed and received
   13         reemployment assistance from the state through
   14         transaction history and payment; revising references
   15         to conform to changes made by the act; amending s.
   16         443.091, F.S.; providing scoring requirements relating
   17         to initial skills reviews; providing for workforce
   18         training for certain eligible claimants; requiring the
   19         development and use of best practices; providing
   20         reporting requirements; providing work search
   21         requirements for certain claimants; revising
   22         references to conform to changes made by the act;
   23         providing for the applicability of certain exceptions
   24         relating to benefits based on employment with a
   25         private employer under contract with an educational
   26         institution; amending s. 443.101, F.S.; clarifying how
   27         a disqualification for benefits for fraud is imposed;
   28         revising references to conform to changes made by the
   29         act; amending s. 443.1216, F.S.; providing that
   30         employee leasing companies may make a one-time
   31         election to report leased employees under the
   32         respective unemployment account of each leasing
   33         company client; providing procedures and application
   34         for such election; revising references to conform to
   35         the changes made by this act; amending s. 443.1217,
   36         F.S.; reducing the amount of an employee’s wages that
   37         are exempt from the employer’s contribution to the
   38         Unemployment Compensation Trust Fund for a certain
   39         period of time; amending s. 443.131, F.S.; revising
   40         the rate and recoupment period for computing the
   41         employer contribution to the trust fund until January
   42         1, 2018; providing for retroactive application;
   43         prohibiting benefits from being charged to the
   44         employment record of an employer that is forced to lay
   45         off workers as a result of a manmade disaster of
   46         national significance; revising references to conform
   47         to changes made by the act; amending s. 443.151, F.S.;
   48         revising the statute of limitations related to the
   49         collection of unemployment compensation benefits
   50         overpayments; revising references to conform to
   51         changes made by the act; amending s. 443.171, F.S.;
   52         deleting an exemption from public records requirements
   53         for unemployment compensation records and reports;
   54         revising references to conform to changes made by the
   55         act; amending s. 443.1715, F.S.; revising an exemption
   56         from public records requirements for unemployment
   57         compensation records and reports; revising references
   58         to conform to changes made by the act; amending ss.
   59         20.60, 27.52, 40.24, 45.031, 55.204, 57.082, 61.046,
   60         61.1824, 61.30, 69.041, 77.041, 110.205, 110.502,
   61         120.80, 125.9502, 212.096, 213.053, 216.292, 220.03,
   62         220.181, 220.191, 220.194, 222.15, 222.16, 255.20,
   63         288.075, 288.1045, 288.106, 288.1081, 288.1089,
   64         334.30, 408.809, 409.2563, 409.2576, 414.295, 435.06,
   65         440.12, 440.15, 440.381, 440.42, 443.051, 443.111,
   66         443.1113, 443.1116, 443.1215, 443.1312, 443.1313,
   67         443.1315, 443.1316, 443.1317, 443.141, 443.163,
   68         443.17161, 443.181, 443.191, 443.221, 445.009,
   69         445.016, 446.50, 448.110, 450.31, 450.33, 468.529,
   70         553.791, 624.509, 679.4061, 679.4081, 895.02, 896.101,
   71         921.0022, 946.513, 946.523, 985.618, 1003.496,
   72         1008.39, and 1008.41, F.S.; revising references to
   73         conform to changes made by the act; reviving,
   74         readopting, and amending s. 443.1117, F.S., relating
   75         to temporary extended benefits; providing for
   76         retroactive application; providing for applicability
   77         relating to extended benefits for certain weeks and
   78         for periods of high unemployment; providing for
   79         applicability; creating a work group to study
   80         Florida’s reemployment assistance contribution
   81         calculation and provide recommendations; providing for
   82         membership; providing for reimbursement; providing for
   83         future expiration; providing for severability;
   84         providing that the act fulfills an important state
   85         interest; providing appropriations for purposes of
   86         implementation; providing effective dates.
   87  
   88  Be It Enacted by the Legislature of the State of Florida:
   89  
   90         Section 1. Section 443.011, Florida Statutes, is amended to
   91  read:
   92         443.011 Short title.—This chapter may be cited as the
   93  “Reemployment Assistance Program Unemployment Compensation Law.”
   94         Section 2. Subsections (1), (3), (10), and (12) of section
   95  443.012, Florida Statutes, are amended to read:
   96         443.012 Reemployment Assistance Unemployment Appeals
   97  Commission.—
   98         (1) There is created within the Division of Workforce
   99  Services of the Department of Economic Opportunity a
  100  Reemployment Assistance an Unemployment Appeals Commission. The
  101  commission is composed of a chair and two other members
  102  appointed by the Governor, subject to confirmation by the
  103  Senate. Only one appointee may be a representative of employers,
  104  as demonstrated by his or her previous vocation, employment, or
  105  affiliation; and only one appointee may be a representative of
  106  employees, as demonstrated by his or her previous vocation,
  107  employment, or affiliation.
  108         (a) The chair shall devote his or her entire time to
  109  commission duties and is responsible for the administrative
  110  functions of the commission.
  111         (b) The chair has authority to appoint a general counsel
  112  and other personnel to carry out the duties and responsibilities
  113  of the commission.
  114         (c) The chair must have the qualifications required by law
  115  for a judge of the circuit court and may not engage in any other
  116  business vocation or employment. Notwithstanding any other law,
  117  the chair shall be paid a salary equal to that paid under state
  118  law to a judge of the circuit court.
  119         (d) The remaining members shall be paid a stipend of $100
  120  for each day they are engaged in the work of the commission. The
  121  chair and other members are entitled to be reimbursed for travel
  122  expenses, as provided in s. 112.061.
  123         (e) The total salary and travel expenses of each member of
  124  the commission shall be paid from the Employment Security
  125  Administration Trust Fund.
  126         (3) The commission has all authority, powers, duties, and
  127  responsibilities relating to reemployment assistance
  128  unemployment compensation appeal proceedings under this chapter.
  129         (10) The commission shall have a seal for authenticating
  130  its orders, awards, and proceedings, upon which shall be
  131  inscribed the words “State of Florida-Reemployment Assistance
  132  Unemployment Appeals Commission-Seal,” and it shall be
  133  judicially noticed.
  134         (12) Orders of the commission relating to reemployment
  135  assistance unemployment compensation under this chapter are
  136  subject to review only by notice of appeal to the district
  137  courts of appeal in the manner provided in s. 443.151(4)(e).
  138         Section 3. Subsections (12), (14), and (26) of section
  139  443.036, Florida Statutes, are amended, present subsections (38)
  140  through (46) are renumbered as subsections (39) through (47),
  141  respectively, present subsections (38) and (42) are amended, and
  142  a new subsection (38) is added to that section, to read:
  143         443.036 Definitions.—As used in this chapter, the term:
  144         (12) “Commission” means the Reemployment Assistance
  145  Unemployment Appeals Commission.
  146         (14) “Contribution” means a payment of payroll tax to the
  147  Unemployment Compensation Trust Fund which is required under
  148  this chapter to finance reemployment assistance unemployment
  149  benefits.
  150         (26) “Initial skills review” means an online education or
  151  training program, such as that established under s. 1004.99,
  152  that is approved by the Department of Economic Opportunity
  153  Agency for Workforce Innovation and designed to measure an
  154  individual’s mastery level of workplace skills.
  155         (38) “Reemployment assistance” means cash benefits payable
  156  to individuals with respect to their unemployment pursuant to
  157  the provisions of this chapter. Where the context requires,
  158  reemployment assistance also means cash benefits payable to
  159  individuals with respect to their unemployment pursuant to 5
  160  U.S.C. ss. 8501-8525, 26 U.S.C. ss. 3301-3311, 42 U.S.C. ss.
  161  501-504, 1101-1110, and 1321-1324, or pursuant to state laws
  162  which have been certified pursuant to 26 U.S.C. s. 3304 and 42
  163  U.S.C. s. 503. Any reference to reemployment assistance shall
  164  mean compensation payable from an unemployment fund as defined
  165  in 26 U.S.C. s. 3306(f).
  166         (39)(38) “Reimbursement” means a payment of money to the
  167  Unemployment Compensation Trust Fund in lieu of a contribution
  168  which is required under this chapter to finance reemployment
  169  assistance unemployment benefits.
  170         (43)(42) “Tax collection service provider” or “service
  171  provider” means the state agency providing reemployment
  172  assistance unemployment tax collection services under contract
  173  with the Department of Economic Opportunity through an
  174  interagency agreement pursuant to s. 443.1316.
  175         Section 4. Paragraph (a) of subsection (1) and paragraphs
  176  (b) and (d) of subsection (3) of section 443.051, Florida
  177  Statutes, are amended to read:
  178         443.051 Benefits not alienable; exception, child support
  179  intercept.—
  180         (1) DEFINITIONS.—As used in this section:
  181         (a) “Reemployment assistance” or “unemployment
  182  compensation” means any compensation payable under state law,
  183  including amounts payable pursuant to an agreement under any
  184  federal law providing for compensation, assistance, or
  185  allowances for unemployment.
  186         (3) EXCEPTION, SUPPORT INTERCEPT.—
  187         (b) For support obligations established on or after July 1,
  188  2006, and for support obligations established before July 1,
  189  2006, when the support order does not address the withholding of
  190  reemployment assistance or unemployment compensation, the
  191  department shall deduct and withhold 40 percent of the
  192  reemployment assistance or unemployment compensation otherwise
  193  payable to an individual disclosed under paragraph (a). If
  194  delinquencies, arrearages, or retroactive support are owed and
  195  repayment has not been ordered, the unpaid amounts are included
  196  in the support obligation and are subject to withholding. If the
  197  amount deducted exceeds the support obligation, the Department
  198  of Revenue shall promptly refund the amount of the excess
  199  deduction to the obligor. For support obligations in effect
  200  before July 1, 2006, if the support order addresses the
  201  withholding of reemployment assistance or unemployment
  202  compensation, the department shall deduct and withhold the
  203  amount ordered by the court or administrative agency that issued
  204  the support order as disclosed by the Department of Revenue.
  205         (d) Any amount deducted and withheld under this subsection
  206  shall for all purposes be treated as if it were paid to the
  207  individual as reemployment assistance or unemployment
  208  compensation and paid by the individual to the Department of
  209  Revenue for support obligations.
  210         Section 5. Subsections (6), (7), and (8) of section
  211  443.071, Florida Statutes, are amended to read:
  212         443.071 Penalties.—
  213         (6) The entry into evidence of an application for
  214  reemployment assistance unemployment benefits initiated by the
  215  use of the Internet claims program or the interactive voice
  216  response system telephone claims program of the Department of
  217  Economic Opportunity constitutes prima facie evidence of the
  218  establishment of a personal benefit account by or for an
  219  individual if the following information is provided: the
  220  applicant’s name, residence address, date of birth, social
  221  security number, and present or former place of work.
  222         (7) The entry into evidence of a transaction history
  223  generated by a personal identification number, password, or
  224  other identifying code used by the department in establishing
  225  that a certification or claim for one or more weeks of benefits
  226  was made against the benefit account of the individual, together
  227  with documentation that payment was paid by a state warrant made
  228  to the order of the person, or by direct deposit via electronic
  229  means, or department-issued debit card, constitutes prima facie
  230  evidence that the person claimed and received reemployment
  231  assistance unemployment benefits from the state.
  232         (8) All records relating to investigations of reemployment
  233  assistance unemployment compensation fraud in the custody of the
  234  Department of Economic Opportunity or its tax collection service
  235  provider are available for examination by the Department of Law
  236  Enforcement, the state attorneys, or the Office of the Statewide
  237  Prosecutor in the prosecution of offenses under s. 817.568 or in
  238  proceedings brought under this chapter.
  239         Section 6. Paragraphs (c), (d), and (f) of subsection (1)
  240  and subsection (3) of section 443.091, Florida Statutes, are
  241  amended to read:
  242         443.091 Benefit eligibility conditions.—
  243         (1) An unemployed individual is eligible to receive
  244  benefits for any week only if the Department of Economic
  245  Opportunity finds that:
  246         (c) To make continued claims for benefits, she or he is
  247  reporting to the department in accordance with this paragraph
  248  and department agency rules, and participating in an initial
  249  skills review, as directed by the department agency. Department
  250  Agency rules may not conflict with s. 443.111(1)(b) , which
  251  requires that each claimant continue to report regardless of any
  252  pending appeal relating to her or his eligibility or
  253  disqualification for benefits.
  254         1. For each week of unemployment claimed, each report must,
  255  at a minimum, include the name, address, and telephone number of
  256  each prospective employer contacted, or the date the claimant
  257  reported to a one-stop career center, pursuant to paragraph (d).
  258         2. The administrator or operator of the initial skills
  259  review shall notify the department agency when the individual
  260  completes the initial skills review and report the results of
  261  the review to the regional workforce board or the one-stop
  262  career center as directed by the workforce board. The department
  263  shall prescribe a numeric score on the initial skills review
  264  that demonstrates a minimal proficiency in workforce skills. The
  265  department, workforce board, or one-stop career center shall use
  266  the initial skills review to develop a plan for referring
  267  individuals to training and employment opportunities. The
  268  failure of the individual to comply with this requirement will
  269  result in the individual being determined ineligible for
  270  benefits for the week in which the noncompliance occurred and
  271  for any subsequent week of unemployment until the requirement is
  272  satisfied. However, this requirement does not apply if the
  273  individual is able to affirmatively attest to being unable to
  274  complete such review due to illiteracy or a language impediment
  275  or is exempt from the work registration requirement as set forth
  276  in paragraph (b).
  277         3. Any individual that falls below the minimal proficiency
  278  score prescribed by the department in subparagraph 2. on the
  279  initial skills review shall be offered training opportunities
  280  and encouraged to participate in such training at no cost to the
  281  individual in order to improve his or her workforce skills to
  282  the minimal proficiency level.
  283         4. The department shall coordinate with Workforce Florida,
  284  Inc., the workforce boards, and the one-stop career centers to
  285  identify, develop, and utilize best practices for improving the
  286  skills of individuals who choose to participate in training
  287  opportunities and who have a minimal proficiency score below the
  288  score prescribed in subparagraph 2.
  289         5. The department, in coordination with Workforce Florida,
  290  Inc., the workforce boards, and the one-stop career centers,
  291  shall evaluate the use, effectiveness, and costs associated with
  292  the training prescribed in subparagraph 3. and report its
  293  findings and recommendations for training and the use of best
  294  practices to the Governor, the President of the Senate, and the
  295  Speaker of the House of Representatives by January 1, 2013.
  296         (d) She or he is able to work and is available for work. In
  297  order to assess eligibility for a claimed week of unemployment,
  298  the department shall develop criteria to determine a claimant’s
  299  ability to work and availability for work. A claimant must be
  300  actively seeking work in order to be considered available for
  301  work. This means engaging in systematic and sustained efforts to
  302  find work, including contacting at least five prospective
  303  employers for each week of unemployment claimed. The department
  304  agency may require the claimant to provide proof of such efforts
  305  to the one-stop career center as part of reemployment services.
  306  The department agency shall conduct random reviews of work
  307  search information provided by claimants. As an alternative to
  308  contacting at least five prospective employers for any week of
  309  unemployment claimed, a claimant may, for that same week, report
  310  in person to a one-stop career center to meet with a
  311  representative of the center and access reemployment services of
  312  the center. The center shall keep a record of the services or
  313  information provided to the claimant and shall provide the
  314  records to the department agency upon request by the department
  315  agency. However:
  316         1. Notwithstanding any other provision of this paragraph or
  317  paragraphs (b) and (e), an otherwise eligible individual may not
  318  be denied benefits for any week because she or he is in training
  319  with the approval of the department, or by reason of s.
  320  443.101(2) relating to failure to apply for, or refusal to
  321  accept, suitable work. Training may be approved by the
  322  department in accordance with criteria prescribed by rule. A
  323  claimant’s eligibility during approved training is contingent
  324  upon satisfying eligibility conditions prescribed by rule.
  325         2. Notwithstanding any other provision of this chapter, an
  326  otherwise eligible individual who is in training approved under
  327  s. 236(a)(1) of the Trade Act of 1974, as amended, may not be
  328  determined ineligible or disqualified for benefits due to
  329  enrollment in such training or because of leaving work that is
  330  not suitable employment to enter such training. As used in this
  331  subparagraph, the term “suitable employment” means work of a
  332  substantially equal or higher skill level than the worker’s past
  333  adversely affected employment, as defined for purposes of the
  334  Trade Act of 1974, as amended, the wages for which are at least
  335  80 percent of the worker’s average weekly wage as determined for
  336  purposes of the Trade Act of 1974, as amended.
  337         3. Notwithstanding any other provision of this section, an
  338  otherwise eligible individual may not be denied benefits for any
  339  week because she or he is before any state or federal court
  340  pursuant to a lawfully issued summons to appear for jury duty.
  341         4. Union members who customarily obtain employment through
  342  a union hiring hall may satisfy the work search requirements of
  343  this paragraph by reporting daily to their union hall.
  344         5. The work search requirements of this paragraph do not
  345  apply to persons who are unemployed as a result of a temporary
  346  layoff or who are claiming benefits under an approved short-time
  347  compensation plan as provided in s. 443.1116.
  348         6. In small counties as defined in s. 120.52(19), a
  349  claimant engaging in systematic and sustained efforts to find
  350  work must contact at least three prospective employers for each
  351  week of unemployment claimed.
  352         (f) She or he has been unemployed for a waiting period of 1
  353  week. A week may not be counted as a waiting week of
  354  unemployment under this subsection only if unless:
  355         1. It occurs within the benefit year that includes the week
  356  for which she or he claims payment of benefits;.
  357         2. Benefits have not been paid for that week; and.
  358         3. The individual was eligible for benefits for that week
  359  as provided in this section and s. 443.101, except for the
  360  requirements of this subsection and s. 443.101(5).
  361         (3) Benefits based on service in employment described in s.
  362  443.1216(2) and (3) are payable in the same amount, on the same
  363  terms, and subject to the same conditions as benefits payable
  364  based on other service subject to this chapter, except that:
  365         (a) Benefits are not payable for services in an
  366  instructional, research, or principal administrative capacity
  367  for an educational institution or an institution of higher
  368  education for any week of unemployment commencing during the
  369  period between 2 successive academic years; during a similar
  370  period between two regular terms, whether or not successive; or
  371  during a period of paid sabbatical leave provided for in the
  372  individual’s contract, to any individual, if the individual
  373  performs those services in the first of those academic years or
  374  terms and there is a contract or a reasonable assurance that the
  375  individual will perform services in any such capacity for any
  376  educational institution or institution of higher education in
  377  the second of those academic years or terms.
  378         (b) Benefits may not be based on services in any other
  379  capacity for an educational institution or an institution of
  380  higher education to any individual for any week that commences
  381  during a period between 2 successive academic years or terms if
  382  the individual performs those services in the first of the
  383  academic years or terms and there is a reasonable assurance that
  384  the individual will perform those services in the second of the
  385  academic years or terms. However, if compensation is denied to
  386  any individual under this paragraph and the individual was not
  387  offered an opportunity to perform those services for the
  388  educational institution for the second of those academic years
  389  or terms, that individual is entitled to a retroactive payment
  390  of compensation for each week for which the individual filed a
  391  timely claim for compensation and for which compensation was
  392  denied solely by reason of this paragraph.
  393         (c) Benefits are not payable based on services provided to
  394  an educational institution or institution of higher learning to
  395  any individual for any week that commences during an established
  396  and customary vacation period or holiday recess if the
  397  individual performs any services described in paragraph (a) or
  398  paragraph (b) in the period immediately before the vacation
  399  period or holiday recess and there is a reasonable assurance
  400  that the individual will perform any service in the period
  401  immediately after the vacation period or holiday recess.
  402         (d) Benefits are not payable for services in any capacity
  403  specified in paragraphs (a), (b), and (c) to any individual who
  404  performed those services in an educational institution while in
  405  the employ of a governmental agency or governmental entity that
  406  is established and operated exclusively for the purpose of
  407  providing those services to one or more educational
  408  institutions.
  409         (e) Benefits are not payable for services in any capacity
  410  specified in paragraphs (a), (b), (c), and (d) to any individual
  411  who provided those services to or on behalf of an educational
  412  institution, or an institution of higher education.
  413         (f) Effective July 1, 2013, paragraphs (a), (b), and (c)
  414  shall apply to services provided by an individual for an
  415  educational institution while in the employ of a private
  416  employer holding a contractual relationship with such
  417  educational institution, but only if the base period wages
  418  attributable to such services are identified as such in the
  419  quarterly reports filed pursuant to s. 443.131(1).
  420         (g)(f) As used in this subsection, the term:
  421         1. “Fixed contract” means a written agreement of employment
  422  for a specified period of time.
  423         2. “Continuing contract” means a written agreement that is
  424  automatically renewed until terminated by one of the parties to
  425  the contract.
  426         Section 7. Subsections (5), (6), (9), and (11) and
  427  paragraph (b) of subsection (10) of section 443.101, Florida
  428  Statutes, are amended to read:
  429         443.101 Disqualification for benefits.—An individual shall
  430  be disqualified for benefits:
  431         (5) For any week with respect to which or a part of which
  432  he or she has received or is seeking reemployment assistance or
  433  unemployment benefits under a reemployment assistance or an
  434  unemployment compensation law of another state or of the United
  435  States. For the purposes of this subsection, a reemployment
  436  assistance or an unemployment compensation law of the United
  437  States is any law of the United States which provides for
  438  payment of any type and in any amounts for periods of
  439  unemployment due to lack of work. However, if the appropriate
  440  agency of the other state or of the United States finally
  441  determines that he or she is not entitled to reemployment
  442  assistance or unemployment benefits, this disqualification does
  443  not apply.
  444         (6) For a period not to exceed 1 year from the date of the
  445  discovery by the Department of Economic Opportunity of the
  446  making of any false or fraudulent representation for the purpose
  447  of obtaining benefits contrary to this chapter, constituting a
  448  violation under s. 443.071. The disqualification imposed under
  449  this subsection shall begin with the week in which the false or
  450  fraudulent representation is made and shall continue for a
  451  period not to exceed 1 year after the date the Department of
  452  Economic Opportunity discovers the false or fraudulent
  453  representation and until any overpayment of benefits resulting
  454  from such representation has been repaid in full. This
  455  disqualification may be appealed in the same manner as any other
  456  disqualification imposed under this section. A conviction by any
  457  court of competent jurisdiction in this state of the offense
  458  prohibited or punished by s. 443.071 is conclusive upon the
  459  appeals referee and the commission of the making of the false or
  460  fraudulent representation for which disqualification is imposed
  461  under this section.
  462         (9) If the individual was terminated from his or her work
  463  as follows:
  464         (a) If the Department of Economic Opportunity or the
  465  Reemployment Assistance Unemployment Appeals Commission finds
  466  that the individual was terminated from work for violation of
  467  any criminal law, under any jurisdiction, which was in
  468  connection with his or her work, and the individual was
  469  convicted, or entered a plea of guilty or nolo contendere, the
  470  individual is not entitled to reemployment assistance
  471  unemployment benefits for up to 52 weeks, pursuant to rules
  472  adopted by the department, and until he or she has earned income
  473  of at least 17 times his or her weekly benefit amount. If,
  474  before an adjudication of guilt, an admission of guilt, or a
  475  plea of nolo contendere, the employer proves by competent
  476  substantial evidence to the department that the arrest was due
  477  to a crime against the employer or the employer’s business,
  478  customers, or invitees, the individual is not entitled to
  479  reemployment assistance unemployment benefits.
  480         (b) If the department or the Reemployment Assistance
  481  Unemployment Appeals Commission finds that the individual was
  482  terminated from work for any dishonest act in connection with
  483  his or her work, the individual is not entitled to reemployment
  484  assistance unemployment benefits for up to 52 weeks, pursuant to
  485  rules adopted by the department, and until he or she has earned
  486  income of at least 17 times his or her weekly benefit amount. If
  487  the employer terminates an individual as a result of a dishonest
  488  act in connection with his or her work and the department finds
  489  misconduct in connection with his or her work, the individual is
  490  not entitled to reemployment assistance unemployment benefits.
  491  
  492  If an individual is disqualified for benefits, the account of
  493  the terminating employer, if the employer is in the base period,
  494  is noncharged at the time the disqualification is imposed.
  495         (10) Subject to the requirements of this subsection, if the
  496  claim is made based on the loss of employment as a leased
  497  employee for an employee leasing company or as a temporary
  498  employee for a temporary help firm.
  499         (b) A temporary or leased employee is deemed to have
  500  voluntarily quit employment and is disqualified for benefits
  501  under subparagraph (1)(a)1. if, upon conclusion of his or her
  502  latest assignment, the temporary or leased employee, without
  503  good cause, failed to contact the temporary help or employee
  504  leasing firm for reassignment, if the employer advised the
  505  temporary or leased employee at the time of hire and that the
  506  leased employee is notified also at the time of separation that
  507  he or she must report for reassignment upon conclusion of each
  508  assignment, regardless of the duration of the assignment, and
  509  that reemployment assistance unemployment benefits may be denied
  510  for failure to report. For purposes of this section, the time of
  511  hire for a day laborer is upon his or her acceptance of the
  512  first assignment following completion of an employment
  513  application with the labor pool. The labor pool as defined in s.
  514  448.22(1) must provide notice to the temporary employee upon
  515  conclusion of the latest assignment that work is available the
  516  next business day and that the temporary employee must report
  517  for reassignment the next business day. The notice must be given
  518  by means of a notice printed on the paycheck, written notice
  519  included in the pay envelope, or other written notification at
  520  the conclusion of the current assignment.
  521         (11) If an individual is discharged from employment for
  522  drug use as evidenced by a positive, confirmed drug test as
  523  provided in paragraph (1)(d), or is rejected for offered
  524  employment because of a positive, confirmed drug test as
  525  provided in paragraph (2)(c), test results and chain of custody
  526  documentation provided to the employer by a licensed and
  527  approved drug-testing laboratory is self-authenticating and
  528  admissible in reemployment assistance unemployment compensation
  529  hearings, and such evidence creates a rebuttable presumption
  530  that the individual used, or was using, controlled substances,
  531  subject to the following conditions:
  532         (a) To qualify for the presumption described in this
  533  subsection, an employer must have implemented a drug-free
  534  workplace program under ss. 440.101 and 440.102, and must submit
  535  proof that the employer has qualified for the insurance
  536  discounts provided under s. 627.0915, as certified by the
  537  insurance carrier or self-insurance unit. In lieu of these
  538  requirements, an employer who does not fit the definition of
  539  “employer” in s. 440.102 may qualify for the presumption if the
  540  employer is in compliance with equivalent or more stringent
  541  drug-testing standards established by federal law or regulation.
  542         (b) Only laboratories licensed and approved as provided in
  543  s. 440.102(9), or as provided by equivalent or more stringent
  544  licensing requirements established by federal law or regulation
  545  may perform the drug tests.
  546         (c) Disclosure of drug test results and other information
  547  pertaining to drug testing of individuals who claim or receive
  548  compensation under this chapter shall be governed by s.
  549  443.1715.
  550         Section 8. Paragraph (b) of subsection (1), subsection (2),
  551  and paragraph (a) of subsection (5) of section 443.111, Florida
  552  Statutes, are amended to read:
  553         443.111 Payment of benefits.—
  554         (1) MANNER OF PAYMENT.—Benefits are payable from the fund
  555  in accordance with rules adopted by the Department of Economic
  556  Opportunity, subject to the following requirements:
  557         (b) As required under s. 443.091(1), each claimant must
  558  report at least biweekly to receive reemployment assistance
  559  unemployment benefits and to attest to the fact that she or he
  560  is able and available for work, has not refused suitable work,
  561  is seeking work and has met the requirements of s. 443.091(d).
  562  contacted at least five prospective employers or reported in
  563  person to a one-stop career center for reemployment services for
  564  each week of unemployment claimed, and, if she or he has worked,
  565  to report earnings from that work. Each claimant must continue
  566  to report regardless of any appeal or pending appeal relating to
  567  her or his eligibility or disqualification for benefits.
  568         (2) QUALIFYING REQUIREMENTS.—To establish a benefit year
  569  for reemployment assistance unemployment benefits, an individual
  570  must have:
  571         (a) Wage credits in two or more calendar quarters of the
  572  individual’s base period.
  573         (b) Minimum total base period wage credits equal to the
  574  high quarter wages multiplied by 1.5, but at least $3,400 in the
  575  base period.
  576         (5) DURATION OF BENEFITS.—
  577         (a) As used in this section, the term “Florida average
  578  unemployment rate” means the average of the 3 months for the
  579  most recent third calendar year quarter of the seasonally
  580  adjusted statewide unemployment rates as published by the
  581  Department of Economic Opportunity Agency for Workforce
  582  Innovation.
  583         Section 9. Section 443.1113, Florida Statutes, is amended
  584  to read:
  585         443.1113 Reemployment Assistance Unemployment Compensation
  586  Claims and Benefits Information System.—
  587         (1) To the extent that funds are appropriated for each
  588  phase of the Reemployment Assistance Unemployment Compensation
  589  Claims and Benefits Information System by the Legislature, the
  590  Department of Economic Opportunity shall replace and enhance the
  591  functionality provided in the following systems with an
  592  integrated Internet-based system that is known as the
  593  “Reemployment Assistance Unemployment Compensation Claims and
  594  Benefits Information System”:
  595         (a) Claims and benefit mainframe system.
  596         (b) Florida unemployment Internet direct.
  597         (c) Florida continued claim Internet directory.
  598         (d) Call center interactive voice response system.
  599         (e) Benefit overpayment screening system.
  600         (f) Internet and Intranet appeals system.
  601         (2) The Reemployment Assistance Unemployment Compensation
  602  Claims and Benefits System shall accomplish the following main
  603  business objectives:
  604         (a) Wherever cost-effective and operationally feasible,
  605  eliminate or automate existing paper processes and enhance any
  606  existing automated workflows in order to expedite customer
  607  transactions and eliminate redundancy.
  608         (b) Enable online, self-service access to claimant and
  609  employer information and federal and state reporting.
  610         (c) Integrate benefit payment control with the adjudication
  611  program and collection system in order to improve the detection
  612  of fraud.
  613         (d) Comply with all requirements established in federal and
  614  state law for reemployment assistance unemployment compensation.
  615         (e) Integrate with the Department of Revenue’s statewide
  616  unified tax system that collects reemployment assistance
  617  unemployment compensation taxes.
  618         (3) The scope of the Reemployment Assistance Unemployment
  619  Compensation Claims and Benefits Information System does not
  620  include any of the following functionalities:
  621         (a) Collection of reemployment assistance unemployment
  622  compensation taxes.
  623         (b) General ledger, financial management, or budgeting
  624  capabilities.
  625         (c) Human resource planning or management capabilities.
  626         (4) The project to implement the Reemployment Assistance
  627  Unemployment Compensation Claims and Benefits Information System
  628  shall be comprised of the following phases and corresponding
  629  implementation timeframes:
  630         (a) No later than the end of fiscal year 2009-2010
  631  completion of the business re-engineering analysis and
  632  documentation of both the detailed system requirements and the
  633  overall system architecture.
  634         (b) The Reemployment Assistance Unemployment Claims and
  635  Benefits Internet portal that replaces the Florida Unemployment
  636  Internet Direct and the Florida Continued Claims Internet
  637  Directory systems, the Call Center Interactive Voice Response
  638  System, the Benefit Overpayment Screening System, the Internet
  639  and Intranet Appeals System, and the Claims and Benefits
  640  Mainframe System shall be deployed to full operational status no
  641  later than the end of fiscal year 2012-2013.
  642         (5) The Department of Economic Opportunity shall implement
  643  the following project governance structure until such time as
  644  the project is completed, suspended, or terminated:
  645         (a) The project sponsor for the Reemployment Assistance
  646  Unemployment Compensation Claims and Benefits Information System
  647  project is the department.
  648         (b) The project shall be governed by an executive steering
  649  committee composed of the following voting members or their
  650  designees:
  651         1. The executive director of the department.
  652         2. The executive director of the Department of Revenue.
  653         3. The director of the Division of Workforce Services
  654  within the department.
  655         4. The program director of the General Tax Administration
  656  Program Office within the Department of Revenue.
  657         5. The chief information officer of the department.
  658         (c) The executive steering committee has the overall
  659  responsibility for ensuring that the project meets its primary
  660  objectives and is specifically responsible for:
  661         1. Providing management direction and support to the
  662  project management team.
  663         2. Assessing the project’s alignment with the strategic
  664  goals of the department for administering the reemployment
  665  assistance unemployment compensation program.
  666         3. Reviewing and approving or disapproving any changes to
  667  the project’s scope, schedule, and costs.
  668         4. Reviewing, approving or disapproving, and determining
  669  whether to proceed with any major project deliverables.
  670         5. Recommending suspension or termination of the project to
  671  the Governor, the President of the Senate, and the Speaker of
  672  the House of Representatives if it determines that the primary
  673  objectives cannot be achieved.
  674         (d) The project management team shall work under the
  675  direction of the executive steering committee and shall be
  676  minimally comprised of senior managers and stakeholders from the
  677  department and the Department of Revenue. The project management
  678  team is responsible for:
  679         1. Providing daily planning, management, and oversight of
  680  the project.
  681         2. Submitting an operational work plan and providing
  682  quarterly updates to that plan to the executive steering
  683  committee. The plan must specify project milestones,
  684  deliverables, and expenditures.
  685         3. Submitting written monthly project status reports to the
  686  executive steering committee which include:
  687         a. Planned versus actual project costs;
  688         b. An assessment of the status of major milestones and
  689  deliverables;
  690         c. Identification of any issues requiring resolution, the
  691  proposed resolution for these issues, and information regarding
  692  the status of the resolution;
  693         d. Identification of risks that must be managed; and
  694         e. Identification of and recommendations regarding
  695  necessary changes in the project’s scope, schedule, or costs.
  696  All recommendations must be reviewed by project stakeholders
  697  before submission to the executive steering committee in order
  698  to ensure that the recommendations meet required acceptance
  699  criteria.
  700         Section 10. Paragraph (b) of subsection (8) of section
  701  443.1116, Florida Statutes, is amended to read:
  702         443.1116 Short-time compensation.—
  703         (8) EFFECT OF SHORT-TIME COMPENSATION BENEFITS RELATING TO
  704  THE PAYMENT OF REGULAR AND EXTENDED BENEFITS.—
  705         (b) An individual who receives all of the short-time
  706  compensation or combined reemployment assistance or unemployment
  707  compensation and short-time compensation available in a benefit
  708  year is considered an exhaustee for purposes of the extended
  709  benefits program in s. 443.1115 and, if otherwise eligible under
  710  those provisions, is eligible to receive extended benefits.
  711         Section 11. Subsection (3) of section 443.1215, Florida
  712  Statutes, is amended to read:
  713         443.1215 Employers.—
  714         (3) An employing unit that fails to keep the records of
  715  employment required by this chapter and by the rules of the
  716  Department of Economic Opportunity and the state agency
  717  providing reemployment assistance unemployment tax collection
  718  services is presumed to be an employer liable for the payment of
  719  contributions under this chapter, regardless of the number of
  720  individuals employed by the employing unit. However, the tax
  721  collection service provider shall make written demand that the
  722  employing unit keep and maintain required payroll records. The
  723  demand must be made at least 6 months before assessing
  724  contributions against an employing unit determined to be an
  725  employer that is subject to this chapter solely by reason of
  726  this subsection.
  727         Section 12. Paragraphs (a) and (d) of subsection (1),
  728  subsections (8) and (12), and paragraphs (f), (h), and (p) of
  729  subsection (13) of section 443.1216, Florida Statutes, are
  730  amended to read:
  731         443.1216 Employment.—Employment, as defined in s. 443.036,
  732  is subject to this chapter under the following conditions:
  733         (1)(a) The employment subject to this chapter includes a
  734  service performed, including a service performed in interstate
  735  commerce, by:
  736         1. An officer of a corporation.
  737         2. An individual who, under the usual common-law rules
  738  applicable in determining the employer-employee relationship, is
  739  an employee. However, whenever a client, as defined in s.
  740  443.036(18), which would otherwise be designated as an employing
  741  unit has contracted with an employee leasing company to supply
  742  it with workers, those workers are considered employees of the
  743  employee leasing company. An employee leasing company may lease
  744  corporate officers of the client to the client and other workers
  745  to the client, except as prohibited by regulations of the
  746  Internal Revenue Service. Employees of an employee leasing
  747  company must be reported under the employee leasing company’s
  748  tax identification number and contribution rate for work
  749  performed for the employee leasing company.
  750         a. However, except for the internal employees of an
  751  employee leasing company, each employee leasing company may make
  752  a separate one-time election to report and pay contributions
  753  under the tax identification number and contribution rate for
  754  each client of the employee leasing company. Under the client
  755  method, an employee leasing company choosing this option must
  756  assign leased employees to the client company that is leasing
  757  the employees. The client method is solely a method to report
  758  and pay unemployment contributions and whichever method is
  759  chosen, such election may not impact any other aspect of state
  760  law. An employee leasing company that elects the client method
  761  must pay contributions at the rates assigned to each client
  762  company.
  763         (I)The election applies to all of the employee leasing
  764  company’s current and future clients.
  765         (II)The employee leasing company must notify the
  766  Department of Revenue of its election by July 1, 2012, and such
  767  election applies to reports and contributions for the first
  768  quarter of the following calendar year. The notification must
  769  include:
  770         (A)A list of each client company and the unemployment
  771  account number or, if one has not yet been issued, the federal
  772  employment identification number, as established by the employee
  773  leasing company upon the election to file by client method;
  774         (B)A list of each client company’s current and previous
  775  employees and their respective social security numbers for the
  776  prior 3 state fiscal years or, if the client company has not
  777  been a client for the prior 3 state fiscal years, such portion
  778  of the prior 3 state fiscal years that the client company has
  779  been a client must be supplied;
  780         (C)The wage data and benefit charges associated with each
  781  client company for the prior 3 state fiscal years or, if the
  782  client company has not been a client for the prior 3 state
  783  fiscal years, such portion of the prior 3 state fiscal years
  784  that the client company has been a client must be supplied. If
  785  the client company’s employment record is chargeable with
  786  benefits for less than 8 calendar quarters while being a client
  787  of the employee leasing company, the client company must pay
  788  contributions at the initial rate of 2.7 percent; and
  789         (D) The wage data and benefit charges for the prior 3 state
  790  fiscal years that cannot be associated with a client company
  791  must be reported and charged to the employee leasing company.
  792         (III)Subsequent to choosing the client method, the
  793  employee leasing company may not change its reporting method.
  794         (IV)The employee leasing company shall file a Florida
  795  Department of Revenue Employer’s Quarterly Report for each
  796  client company by approved electronic means, and pay all
  797  contributions by approved electronic means.
  798         (V)For the purposes of calculating experience rates when
  799  the client method is chosen, each client’s own benefit charges
  800  and wage data experience while with the employee leasing company
  801  determines each client’s tax rate where the client has been a
  802  client of the employee leasing company for at least 8 calendar
  803  quarters before the election. The client company shall continue
  804  to report the nonleased employees under its tax rate.
  805         (VI) The election is binding on each client of the employee
  806  leasing company, for as long as a written agreement is in effect
  807  between the client and the employee leasing company pursuant to
  808  s. 468.525(3)(a). If the relationship between the employee
  809  leasing company and the client terminates, the client retains
  810  the wage and benefit history experienced under the employee
  811  leasing company.
  812         (VII) Notwithstanding which election method the employee
  813  leasing company chooses, the applicable client company is an
  814  employing unit for purposes of s. 443.071. The employee leasing
  815  company or any of its officers or agents are liable for any
  816  violation of s. 443.071 engaged in by such persons or entities.
  817  The applicable client company or any of its officers or agents
  818  are liable for any violation of s. 443.071 engaged in by such
  819  persons or entities. The employee leasing company or its
  820  applicable client company are not liable for any violation of s.
  821  443.071 engaged in by the other party or by the other party’s
  822  officers or agents.
  823         (VIII) If an employee leasing company fails to select the
  824  client method of reporting not later than July 1, 2012, the
  825  entity is required to report under the employee leasing
  826  company’s tax identification number and contribution rate.
  827         (IX) After an employee leasing company is licensed pursuant
  828  to part XI of chapter 468, each newly licensed entity has 30
  829  days after the date the license is granted to notify the tax
  830  collection service provider in writing of their selection of the
  831  client method. A newly licensed employee leasing company that
  832  fails to timely select reporting pursuant to the client method
  833  of reporting must report under the employee leasing company’s
  834  tax identification number and contribution rate.
  835         (X) Irrespective of the election, each transfer of trade or
  836  business, including workforce, or a portion thereof, between
  837  employee leasing companies is subject to the provisions of s.
  838  443.131(3)(g) if, at the time of the transfer, there is common
  839  ownership, management, or control between the entities.
  840         b.a. In addition to any other report required to be filed
  841  by law, an employee leasing company shall submit a report to the
  842  Labor Market Statistics Center within the Department of Economic
  843  Opportunity which includes each client establishment and each
  844  establishment of the employee leasing company, or as otherwise
  845  directed by the department. The report must include the
  846  following information for each establishment:
  847         (I) The trade or establishment name;
  848         (II) The former reemployment assistance unemployment
  849  compensation account number, if available;
  850         (III) The former federal employer’s identification number
  851  (FEIN), if available;
  852         (IV) The industry code recognized and published by the
  853  United States Office of Management and Budget, if available;
  854         (V) A description of the client’s primary business activity
  855  in order to verify or assign an industry code;
  856         (VI) The address of the physical location;
  857         (VII) The number of full-time and part-time employees who
  858  worked during, or received pay that was subject to reemployment
  859  assistance unemployment compensation taxes for, the pay period
  860  including the 12th of the month for each month of the quarter;
  861         (VIII) The total wages subject to reemployment assistance
  862  unemployment compensation taxes paid during the calendar
  863  quarter;
  864         (IX) An internal identification code to uniquely identify
  865  each establishment of each client;
  866         (X) The month and year that the client entered into the
  867  contract for services; and
  868         (XI) The month and year that the client terminated the
  869  contract for services.
  870         c.b. The report must shall be submitted electronically or
  871  in a manner otherwise prescribed by the Department of Economic
  872  Opportunity in the format specified by the Bureau of Labor
  873  Statistics of the United States Department of Labor for its
  874  Multiple Worksite Report for Professional Employer
  875  Organizations. The report must be provided quarterly to the
  876  Labor Market Statistics Center within the department, or as
  877  otherwise directed by the department, and must be filed by the
  878  last day of the month immediately after following the end of the
  879  calendar quarter. The information required in sub-sub
  880  subparagraphs b.(X) and (XI) a.(X) and (XI) need be provided
  881  only in the quarter in which the contract to which it relates
  882  was entered into or terminated. The sum of the employment data
  883  and the sum of the wage data in this report must match the
  884  employment and wages reported in the reemployment assistance
  885  unemployment compensation quarterly tax and wage report. A
  886  report is not required for any calendar quarter preceding the
  887  third calendar quarter of 2010.
  888         d.c. The department shall adopt rules as necessary to
  889  administer this subparagraph, and may administer, collect,
  890  enforce, and waive the penalty imposed by s. 443.141(1)(b) for
  891  the report required by this subparagraph.
  892         e.d. For the purposes of this subparagraph, the term
  893  “establishment” means any location where business is conducted
  894  or where services or industrial operations are performed.
  895         3. An individual other than an individual who is an
  896  employee under subparagraph 1. or subparagraph 2., who performs
  897  services for remuneration for any person:
  898         a. As an agent-driver or commission-driver engaged in
  899  distributing meat products, vegetable products, fruit products,
  900  bakery products, beverages other than milk, or laundry or
  901  drycleaning services for his or her principal.
  902         b. As a traveling or city salesperson engaged on a full
  903  time basis in the solicitation on behalf of, and the
  904  transmission to, his or her principal of orders from
  905  wholesalers, retailers, contractors, or operators of hotels,
  906  restaurants, or other similar establishments for merchandise for
  907  resale or supplies for use in the their business operations.
  908  This sub-subparagraph does not apply to an agent-driver or a
  909  commission-driver and does not apply to sideline sales
  910  activities performed on behalf of a person other than the
  911  salesperson’s principal.
  912         4. The services described in subparagraph 3. are employment
  913  subject to this chapter only if:
  914         a. The contract of service contemplates that substantially
  915  all of the services are to be performed personally by the
  916  individual;
  917         b. The individual does not have a substantial investment in
  918  facilities used in connection with the services, other than
  919  facilities used for transportation; and
  920         c. The services are not in the nature of a single
  921  transaction that is not part of a continuing relationship with
  922  the person for whom the services are performed.
  923         (d) If two or more related corporations concurrently employ
  924  the same individual and compensate the individual through a
  925  common paymaster, each related corporation is considered to have
  926  paid wages to the individual only in the amounts actually
  927  disbursed by that corporation to the individual and is not
  928  considered to have paid the wages actually disbursed to the
  929  individual by another of the related corporations. The
  930  department and the state agency providing reemployment
  931  assistance unemployment tax collection services may adopt rules
  932  necessary to administer this paragraph.
  933         1. As used in this paragraph, the term “common paymaster”
  934  means a member of a group of related corporations that disburses
  935  wages to concurrent employees on behalf of the related
  936  corporations and that is responsible for keeping payroll records
  937  for those concurrent employees. A common paymaster is not
  938  required to disburse wages to all the employees of the related
  939  corporations; however, this subparagraph does not apply to wages
  940  of concurrent employees which are not disbursed through a common
  941  paymaster. A common paymaster must pay concurrently employed
  942  individuals under this subparagraph by one combined paycheck.
  943         2. As used in this paragraph, the term “concurrent
  944  employment” means the existence of simultaneous employment
  945  relationships between an individual and related corporations.
  946  Those relationships require the performance of services by the
  947  employee for the benefit of the related corporations, including
  948  the common paymaster, in exchange for wages that, if deductible
  949  for the purposes of federal income tax, are deductible by the
  950  related corporations.
  951         3. Corporations are considered related corporations for an
  952  entire calendar quarter if they satisfy any one of the following
  953  tests at any time during the calendar quarter:
  954         a. The corporations are members of a “controlled group of
  955  corporations” as defined in s. 1563 of the Internal Revenue Code
  956  of 1986 or would be members if s. 1563(a)(4) and (b) did not
  957  apply.
  958         b. In the case of a corporation that does not issue stock,
  959  at least 50 percent of the members of the board of directors or
  960  other governing body of one corporation are members of the board
  961  of directors or other governing body of the other corporation or
  962  the holders of at least 50 percent of the voting power to select
  963  those members are concurrently the holders of at least 50
  964  percent of the voting power to select those members of the other
  965  corporation.
  966         c. At least 50 percent of the officers of one corporation
  967  are concurrently officers of the other corporation.
  968         d. At least 30 percent of the employees of one corporation
  969  are concurrently employees of the other corporation.
  970         4. The common paymaster must report to the tax collection
  971  service provider, as part of the reemployment assistance
  972  unemployment compensation quarterly tax and wage report, the
  973  state reemployment assistance unemployment compensation account
  974  number and name of each related corporation for which concurrent
  975  employees are being reported. Failure to timely report this
  976  information shall result in the related corporations being
  977  denied common paymaster status for that calendar quarter.
  978         5. The common paymaster shall remit also has the primary
  979  responsibility for remitting contributions due under this
  980  chapter for the wages it disburses as the common paymaster. The
  981  common paymaster must compute these contributions as though it
  982  were the sole employer of the concurrently employed individuals.
  983  If a common paymaster fails to timely remit these contributions
  984  or reports, in whole or in part, the common paymaster is remains
  985  liable for the full amount of the unpaid portion of these
  986  contributions. In addition, each of the other related
  987  corporations using the common paymaster is jointly and severally
  988  liable for its appropriate share of these contributions. Each
  989  related corporation’s share equals the greater of:
  990         a. The liability of the common paymaster under this
  991  chapter, after taking into account any contributions made.
  992         b. The liability under this chapter which, notwithstanding
  993  this section, would have existed for the wages from the other
  994  related corporations, reduced by an allocable portion of any
  995  contributions previously paid by the common paymaster for those
  996  wages.
  997         (8) Services not covered under paragraph (7)(b) which are
  998  performed entirely outside of this state, and for which
  999  contributions are not required or paid under a reemployment
 1000  assistance or an unemployment compensation law of any other
 1001  state or of the Federal Government, are deemed to be employment
 1002  subject to this chapter if the individual performing the
 1003  services is a resident of this state and the tax collection
 1004  service provider approves the election of the employing unit for
 1005  whom the services are performed, electing that the entire
 1006  service of the individual is deemed to be employment subject to
 1007  this chapter.
 1008         (12) The employment subject to this chapter includes
 1009  services covered by a reciprocal arrangement under s. 443.221
 1010  between the Department of Economic Opportunity or its tax
 1011  collection service provider and the agency charged with the
 1012  administration of another state reemployment assistance or
 1013  unemployment compensation law or a federal reemployment
 1014  assistance or unemployment compensation law, under which all
 1015  services performed by an individual for an employing unit are
 1016  deemed to be performed entirely within this state, if the
 1017  department or its tax collection service provider approved an
 1018  election of the employing unit in which all of the services
 1019  performed by the individual during the period covered by the
 1020  election are deemed to be insured work.
 1021         (13) The following are exempt from coverage under this
 1022  chapter:
 1023         (f) Service performed in the employ of a public employer as
 1024  defined in s. 443.036, except as provided in subsection (2), and
 1025  service performed in the employ of an instrumentality of a
 1026  public employer as described in s. 443.036(36)(b) or (c)
 1027  443.036(35)(b) or (c), to the extent that the instrumentality is
 1028  immune under the United States Constitution from the tax imposed
 1029  by s. 3301 of the Internal Revenue Code for that service.
 1030         (h) Service for which reemployment assistance unemployment
 1031  compensation is payable under a reemployment assistance or an
 1032  unemployment compensation system established by the United
 1033  States Congress, of which this chapter is not a part.
 1034         (p) Service covered by an arrangement between the
 1035  Department of Economic Opportunity, or its tax collection
 1036  service provider, and the agency charged with the administration
 1037  of another state or federal reemployment assistance or
 1038  unemployment compensation law under which all services performed
 1039  by an individual for an employing unit during the period covered
 1040  by the employing unit’s duly approved election is deemed to be
 1041  performed entirely within the other agency’s state or under the
 1042  federal law.
 1043         Section 13. Effective upon this act becoming a law and
 1044  operating retroactively to June 29, 2011, paragraph (a) of
 1045  subsection (2) of section 443.1217, Florida Statutes, is amended
 1046  to read:
 1047         443.1217 Wages.—
 1048         (2) For the purpose of determining an employer’s
 1049  contributions, the following wages are exempt from this chapter:
 1050         (a)1.Beginning January 1, 2010, that part of remuneration
 1051  paid to an individual by an employer for employment during a
 1052  calendar year in excess of the first $7,000 of remuneration paid
 1053  to the individual by an employer or his or her predecessor
 1054  during that calendar year, unless that part of the remuneration
 1055  is subject to a tax, under a federal law imposing the tax,
 1056  against which credit may be taken for contributions required to
 1057  be paid into a state unemployment fund.
 1058         1.2. Beginning January 1, 2012, that part of remuneration
 1059  paid to an individual by an employer for employment during a
 1060  calendar year in excess of the first $8,000 $8,500 of
 1061  remuneration paid to the individual by the employer or his or
 1062  her predecessor during that calendar year, unless that part of
 1063  the remuneration is subject to a tax, under a federal law
 1064  imposing the tax, against which credit may be taken for
 1065  contributions required to be paid into a state unemployment
 1066  fund.
 1067         2.3. Beginning January 1, 2015, the part of remuneration
 1068  paid to an individual by an employer for employment during a
 1069  calendar year in excess of the first $7,000 of remuneration paid
 1070  to the individual by an employer or his or her predecessor
 1071  during that calendar year, unless that part of the remuneration
 1072  is subject to a tax, under a federal law imposing the tax,
 1073  against which credit may be taken for contributions required to
 1074  be paid into a state unemployment fund. The wage base exemption
 1075  adjustment authorized by this subparagraph shall be suspended in
 1076  any calendar year in which repayment of the principal amount of
 1077  an advance received from the Unemployment Compensation Trust
 1078  Fund under 42 U.S.C. s. 1321 is due to the Federal Government.
 1079         Section 14. Effective upon this act becoming a law and
 1080  operating retroactively to June 29, 2011, paragraph (e) of
 1081  subsection (3) of section 443.131, Florida Statutes, is amended
 1082  to read:
 1083         443.131 Contributions.—
 1084         (3) VARIATION OF CONTRIBUTION RATES BASED ON BENEFIT
 1085  EXPERIENCE.—
 1086         (e) Assignment of variations from the standard rate.—
 1087         1. As used in this paragraph, the terms “total benefit
 1088  payments,” “benefits paid to an individual,” and “benefits
 1089  charged to the employment record of an employer” mean the amount
 1090  of benefits paid to individuals multiplied by:
 1091         a. For benefits paid prior to July 1, 2007, 1.
 1092         b. For benefits paid during the period beginning on July 1,
 1093  2007, and ending March 31, 2011, 0.90.
 1094         c. For benefits paid after March 31, 2011, 1.
 1095         2. For the calculation of contribution rates effective
 1096  January 1, 2012 2010, and thereafter:
 1097         a. The tax collection service provider shall assign a
 1098  variation from the standard rate of contributions for each
 1099  calendar year to each eligible employer. In determining the
 1100  contribution rate, varying from the standard rate to be assigned
 1101  each employer, adjustment factors computed under sub-sub
 1102  subparagraphs (I)-(IV) are added to the benefit ratio. This
 1103  addition shall be accomplished in two steps by adding a variable
 1104  adjustment factor and a final adjustment factor. The sum of
 1105  these adjustment factors computed under sub-sub-subparagraphs
 1106  (I)-(IV) shall first be algebraically summed. The sum of these
 1107  adjustment factors shall next be divided by a gross benefit
 1108  ratio determined as follows: Total benefit payments for the 3
 1109  year period described in subparagraph (b)3. are charged to
 1110  employers eligible for a variation from the standard rate, minus
 1111  excess payments for the same period, divided by taxable payroll
 1112  entering into the computation of individual benefit ratios for
 1113  the calendar year for which the contribution rate is being
 1114  computed. The ratio of the sum of the adjustment factors
 1115  computed under sub-sub-subparagraphs (I)-(IV) to the gross
 1116  benefit ratio is multiplied by each individual benefit ratio
 1117  that is less than the maximum contribution rate to obtain
 1118  variable adjustment factors; except that if the sum of an
 1119  employer’s individual benefit ratio and variable adjustment
 1120  factor exceeds the maximum contribution rate, the variable
 1121  adjustment factor is reduced in order for the sum to equal the
 1122  maximum contribution rate. The variable adjustment factor for
 1123  each of these employers is multiplied by his or her taxable
 1124  payroll entering into the computation of his or her benefit
 1125  ratio. The sum of these products is divided by the taxable
 1126  payroll of the employers who entered into the computation of
 1127  their benefit ratios. The resulting ratio is subtracted from the
 1128  sum of the adjustment factors computed under sub-sub
 1129  subparagraphs (I)-(IV) to obtain the final adjustment factor.
 1130  The variable adjustment factors and the final adjustment factor
 1131  must be computed to five decimal places and rounded to the
 1132  fourth decimal place. This final adjustment factor is added to
 1133  the variable adjustment factor and benefit ratio of each
 1134  employer to obtain each employer’s contribution rate. An
 1135  employer’s contribution rate may not, however, be rounded to
 1136  less than 0.1 percent.
 1137         (I) An adjustment factor for noncharge benefits is computed
 1138  to the fifth decimal place and rounded to the fourth decimal
 1139  place by dividing the amount of noncharge benefits during the 3
 1140  year period described in subparagraph (b)3. by the taxable
 1141  payroll of employers eligible for a variation from the standard
 1142  rate who have a benefit ratio for the current year which is less
 1143  than the maximum contribution rate. For purposes of computing
 1144  this adjustment factor, the taxable payroll of these employers
 1145  is the taxable payrolls for the 3 years ending June 30 of the
 1146  current calendar year as reported to the tax collection service
 1147  provider by September 30 of the same calendar year. As used in
 1148  this sub-sub-subparagraph, the term “noncharge benefits” means
 1149  benefits paid to an individual from the Unemployment
 1150  Compensation Trust Fund, but which were not charged to the
 1151  employment record of any employer.
 1152         (II) An adjustment factor for excess payments is computed
 1153  to the fifth decimal place, and rounded to the fourth decimal
 1154  place by dividing the total excess payments during the 3-year
 1155  period described in subparagraph (b)3. by the taxable payroll of
 1156  employers eligible for a variation from the standard rate who
 1157  have a benefit ratio for the current year which is less than the
 1158  maximum contribution rate. For purposes of computing this
 1159  adjustment factor, the taxable payroll of these employers is the
 1160  same figure used to compute the adjustment factor for noncharge
 1161  benefits under sub-sub-subparagraph (I). As used in this sub
 1162  subparagraph, the term “excess payments” means the amount of
 1163  benefits charged to the employment record of an employer during
 1164  the 3-year period described in subparagraph (b)3., less the
 1165  product of the maximum contribution rate and the employer’s
 1166  taxable payroll for the 3 years ending June 30 of the current
 1167  calendar year as reported to the tax collection service provider
 1168  by September 30 of the same calendar year. As used in this sub
 1169  sub-subparagraph, the term “total excess payments” means the sum
 1170  of the individual employer excess payments for those employers
 1171  that were eligible for assignment of a contribution rate
 1172  different from the standard rate.
 1173         (III) With respect to computing a positive adjustment
 1174  factor:
 1175         (A) Beginning January 1, 2012, if the balance of the
 1176  Unemployment Compensation Trust Fund on September 30 of the
 1177  calendar year immediately preceding the calendar year for which
 1178  the contribution rate is being computed is less than 4 percent
 1179  of the taxable payrolls for the year ending June 30 as reported
 1180  to the tax collection service provider by September 30 of that
 1181  calendar year, a positive adjustment factor shall be computed.
 1182  The positive adjustment factor is computed annually to the fifth
 1183  decimal place and rounded to the fourth decimal place by
 1184  dividing the sum of the total taxable payrolls for the year
 1185  ending June 30 of the current calendar year as reported to the
 1186  tax collection service provider by September 30 of that calendar
 1187  year into a sum equal to one-fifth one-third of the difference
 1188  between the balance of the fund as of September 30 of that
 1189  calendar year and the sum of 5 percent of the total taxable
 1190  payrolls for that year. The positive adjustment factor remains
 1191  in effect for subsequent years until the balance of the
 1192  Unemployment Compensation Trust Fund as of September 30 of the
 1193  year immediately preceding the effective date of the
 1194  contribution rate equals or exceeds 4 5 percent of the taxable
 1195  payrolls for the year ending June 30 of the current calendar
 1196  year as reported to the tax collection service provider by
 1197  September 30 of that calendar year.
 1198         (B) Beginning January 1, 2018 2015, and for each year
 1199  thereafter, the positive adjustment shall be computed by
 1200  dividing the sum of the total taxable payrolls for the year
 1201  ending June 30 of the current calendar year as reported to the
 1202  tax collection service provider by September 30 of that calendar
 1203  year into a sum equal to one-fourth of the difference between
 1204  the balance of the fund as of September 30 of that calendar year
 1205  and the sum of 5 percent of the total taxable payrolls for that
 1206  year. The positive adjustment factor remains in effect for
 1207  subsequent years until the balance of the Unemployment
 1208  Compensation Trust Fund as of September 30 of the year
 1209  immediately preceding the effective date of the contribution
 1210  rate equals or exceeds 4 percent of the taxable payrolls for the
 1211  year ending June 30 of the current calendar year as reported to
 1212  the tax collection service provider by September 30 of that
 1213  calendar year.
 1214         (IV) If, beginning January 1, 2015, and each year
 1215  thereafter, the balance of the Unemployment Compensation Trust
 1216  Fund as of September 30 of the year immediately preceding the
 1217  calendar year for which the contribution rate is being computed
 1218  exceeds 5 percent of the taxable payrolls for the year ending
 1219  June 30 of the current calendar year as reported to the tax
 1220  collection service provider by September 30 of that calendar
 1221  year, a negative adjustment factor must be computed. The
 1222  negative adjustment factor shall be computed annually beginning
 1223  on January 1, 2015, and each year thereafter, to the fifth
 1224  decimal place and rounded to the fourth decimal place by
 1225  dividing the sum of the total taxable payrolls for the year
 1226  ending June 30 of the current calendar year as reported to the
 1227  tax collection service provider by September 30 of the calendar
 1228  year into a sum equal to one-fourth of the difference between
 1229  the balance of the fund as of September 30 of the current
 1230  calendar year and 5 percent of the total taxable payrolls of
 1231  that year. The negative adjustment factor remains in effect for
 1232  subsequent years until the balance of the Unemployment
 1233  Compensation Trust Fund as of September 30 of the year
 1234  immediately preceding the effective date of the contribution
 1235  rate is less than 5 percent, but more than 4 percent of the
 1236  taxable payrolls for the year ending June 30 of the current
 1237  calendar year as reported to the tax collection service provider
 1238  by September 30 of that calendar year. The negative adjustment
 1239  authorized by this section is suspended in any calendar year in
 1240  which repayment of the principal amount of an advance received
 1241  from the federal Unemployment Compensation Trust Fund under 42
 1242  U.S.C. s. 1321 is due to the Federal Government.
 1243         (V) The maximum contribution rate that may be assigned to
 1244  an employer is 5.4 percent, except employers participating in an
 1245  approved short-time compensation plan may be assigned a maximum
 1246  contribution rate that is 1 percent greater than the maximum
 1247  contribution rate for other employers in any calendar year in
 1248  which short-time compensation benefits are charged to the
 1249  employer’s employment record.
 1250         (VI) As used in this subsection, “taxable payroll” shall be
 1251  determined by excluding any part of the remuneration paid to an
 1252  individual by an employer for employment during a calendar year
 1253  in excess of the first $7,000. Beginning January 1, 2012,
 1254  “taxable payroll” shall be determined by excluding any part of
 1255  the remuneration paid to an individual by an employer for
 1256  employment during a calendar year as described in s.
 1257  443.1217(2). For the purposes of the employer rate calculation
 1258  that will take effect in January 1, 2012, and in January 1,
 1259  2013, the tax collection service provider shall use the data
 1260  available for taxable payroll from 2009 based on excluding any
 1261  part of the remuneration paid to an individual by an employer
 1262  for employment during a calendar year in excess of the first
 1263  $7,000, and from 2010 and 2011, the data available for taxable
 1264  payroll based on excluding any part of the remuneration paid to
 1265  an individual by an employer for employment during a calendar
 1266  year in excess of the first $8,500.
 1267         b. If the transfer of an employer’s employment record to an
 1268  employing unit under paragraph (f) which, before the transfer,
 1269  was an employer, the tax collection service provider shall
 1270  recompute a benefit ratio for the successor employer based on
 1271  the combined employment records and reassign an appropriate
 1272  contribution rate to the successor employer effective on the
 1273  first day of the calendar quarter immediately after the
 1274  effective date of the transfer.
 1275         Section 15. Paragraph (a) and (f) of subsection (3) of
 1276  section 443.131, Florida Statutes, are amended to read:
 1277         443.131 Contributions.—
 1278         (3) VARIATION OF CONTRIBUTION RATES BASED ON BENEFIT
 1279  EXPERIENCE.—
 1280         (a) Employment records.—The regular and short-time
 1281  compensation benefits paid to an eligible individual shall be
 1282  charged to the employment record of each employer who paid the
 1283  individual wages of at least $100 during the individual’s base
 1284  period in proportion to the total wages paid by all employers
 1285  who paid the individual wages during the individual’s base
 1286  period. Benefits may not be charged to the employment record of
 1287  an employer who furnishes part-time work to an individual who,
 1288  because of loss of employment with one or more other employers,
 1289  is eligible for partial benefits while being furnished part-time
 1290  work by the employer on substantially the same basis and in
 1291  substantially the same amount as the individual’s employment
 1292  during his or her base period, regardless of whether this part
 1293  time work is simultaneous or successive to the individual’s lost
 1294  employment. Further, as provided in s. 443.151(3), benefits may
 1295  not be charged to the employment record of an employer who
 1296  furnishes the Department of Economic Opportunity with notice, as
 1297  prescribed in rules of the department, that any of the following
 1298  apply:
 1299         1. If an individual leaves his or her work without good
 1300  cause attributable to the employer or is discharged by the
 1301  employer for misconduct connected with his or her work, benefits
 1302  subsequently paid to the individual based on wages paid by the
 1303  employer before the separation may not be charged to the
 1304  employment record of the employer.
 1305         2. If an individual is discharged by the employer for
 1306  unsatisfactory performance during an initial employment
 1307  probationary period, benefits subsequently paid to the
 1308  individual based on wages paid during the probationary period by
 1309  the employer before the separation may not be charged to the
 1310  employer’s employment record. As used in this subparagraph, the
 1311  term “initial employment probationary period” means an
 1312  established probationary plan that applies to all employees or a
 1313  specific group of employees and that does not exceed 90 calendar
 1314  days following the first day a new employee begins work. The
 1315  employee must be informed of the probationary period within the
 1316  first 7 days of work. The employer must demonstrate by
 1317  conclusive evidence that the individual was separated because of
 1318  unsatisfactory work performance and not because of lack of work
 1319  due to temporary, seasonal, casual, or other similar employment
 1320  that is not of a regular, permanent, and year-round nature.
 1321         3. Benefits subsequently paid to an individual after his or
 1322  her refusal without good cause to accept suitable work from an
 1323  employer may not be charged to the employment record of the
 1324  employer if any part of those benefits are based on wages paid
 1325  by the employer before the individual’s refusal to accept
 1326  suitable work. As used in this subparagraph, the term “good
 1327  cause” does not include distance to employment caused by a
 1328  change of residence by the individual. The department shall
 1329  adopt rules prescribing for the payment of all benefits whether
 1330  this subparagraph applies regardless of whether a
 1331  disqualification under s. 443.101 applies to the claim.
 1332         4. If an individual is separated from work as a direct
 1333  result of a natural disaster declared under the Robert T.
 1334  Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C.
 1335  ss. 5121 et seq., benefits subsequently paid to the individual
 1336  based on wages paid by the employer before the separation may
 1337  not be charged to the employment record of the employer.
 1338         5. If an individual is separated from work as a direct
 1339  result of an oil spill, terrorist attack, or other similar
 1340  disaster of national significance not subject to a declaration
 1341  under the Robert T. Stafford Disaster Relief and Emergency
 1342  Assistance Act, benefits subsequently paid to the individual
 1343  based on wages paid by the employer before the separation may
 1344  not be charged to the employment record of the employer.
 1345         (f) Transfer of employment records.—
 1346         1. For the purposes of this subsection, two or more
 1347  employers who are parties to a transfer of business or the
 1348  subject of a merger, consolidation, or other form of
 1349  reorganization, effecting a change in legal identity or form,
 1350  are deemed a single employer and are considered to be one
 1351  employer with a continuous employment record if the tax
 1352  collection service provider finds that the successor employer
 1353  continues to carry on the employing enterprises of all of the
 1354  predecessor employers and that the successor employer has paid
 1355  all contributions required of and due from all of the
 1356  predecessor employers and has assumed liability for all
 1357  contributions that may become due from all of the predecessor
 1358  employers. In addition, an employer may not be considered a
 1359  successor under this subparagraph if the employer purchases a
 1360  company with a lower rate into which employees with job
 1361  functions unrelated to the business endeavors of the predecessor
 1362  are transferred for the purpose of acquiring the low rate and
 1363  avoiding payment of contributions. As used in this paragraph,
 1364  notwithstanding s. 443.036(14), the term “contributions” means
 1365  all indebtedness to the tax collection service provider,
 1366  including, but not limited to, interest, penalty, collection
 1367  fee, and service fee. A successor employer must accept the
 1368  transfer of all of the predecessor employers’ employment records
 1369  within 30 days after the date of the official notification of
 1370  liability by succession. If a predecessor employer has unpaid
 1371  contributions or outstanding quarterly reports, the successor
 1372  employer must pay the total amount with certified funds within
 1373  30 days after the date of the notice listing the total amount
 1374  due. After the total indebtedness is paid, the tax collection
 1375  service provider shall transfer the employment records of all of
 1376  the predecessor employers to the successor employer’s employment
 1377  record. The tax collection service provider shall determine the
 1378  contribution rate of the combined successor and predecessor
 1379  employers upon the transfer of the employment records, as
 1380  prescribed by rule, in order to calculate any change in the
 1381  contribution rate resulting from the transfer of the employment
 1382  records.
 1383         2. Regardless of whether a predecessor employer’s
 1384  employment record is transferred to a successor employer under
 1385  this paragraph, the tax collection service provider shall treat
 1386  the predecessor employer, if he or she subsequently employs
 1387  individuals, as an employer without a previous employment record
 1388  or, if his or her coverage is terminated under s. 443.121, as a
 1389  new employing unit.
 1390         3. The state agency providing reemployment assistance
 1391  unemployment tax collection services may adopt rules governing
 1392  the partial transfer of experience rating when an employer
 1393  transfers an identifiable and segregable portion of his or her
 1394  payrolls and business to a successor employing unit. As a
 1395  condition of each partial transfer, these rules must require the
 1396  following to be filed with the tax collection service provider:
 1397  an application by the successor employing unit, an agreement by
 1398  the predecessor employer, and the evidence required by the tax
 1399  collection service provider to show the benefit experience and
 1400  payrolls attributable to the transferred portion through the
 1401  date of the transfer. These rules must provide that the
 1402  successor employing unit, if not an employer subject to this
 1403  chapter, becomes an employer as of the date of the transfer and
 1404  that the transferred portion of the predecessor employer’s
 1405  employment record is removed from the employment record of the
 1406  predecessor employer. For each calendar year after the date of
 1407  the transfer of the employment record in the records of the tax
 1408  collection service provider, the service provider shall compute
 1409  the contribution rate payable by the successor employer or
 1410  employing unit based on his or her employment record, combined
 1411  with the transferred portion of the predecessor employer’s
 1412  employment record. These rules may also prescribe what
 1413  contribution rates are payable by the predecessor and successor
 1414  employers for the period between the date of the transfer of the
 1415  transferred portion of the predecessor employer’s employment
 1416  record in the records of the tax collection service provider and
 1417  the first day of the next calendar year.
 1418         4. This paragraph does not apply to an employee leasing
 1419  company and client contractual agreement as defined in s.
 1420  443.036, except as provided in s. 443.1216(1)(a)2.a. The tax
 1421  collection service provider shall, if the contractual agreement
 1422  is terminated or the employee leasing company fails to submit
 1423  reports or pay contributions as required by the service
 1424  provider, treat the client as a new employer without previous
 1425  employment record unless the client is otherwise eligible for a
 1426  variation from the standard rate.
 1427         Section 16. Paragraph (d) of subsection (2) of section
 1428  443.1312, Florida Statutes, is amended to read:
 1429         443.1312 Reimbursements; nonprofit organizations.—Benefits
 1430  paid to employees of nonprofit organizations shall be financed
 1431  in accordance with this section.
 1432         (2) LIABILITY FOR CONTRIBUTIONS AND ELECTION OF
 1433  REIMBURSEMENT.—A nonprofit organization that is, or becomes,
 1434  subject to this chapter under s. 443.1215(1)(c) or s.
 1435  443.121(3)(a) must pay contributions under s. 443.131 unless it
 1436  elects, in accordance with this subsection, to reimburse the
 1437  Unemployment Compensation Trust Fund for all of the regular
 1438  benefits, short-time compensation benefits, and one-half of the
 1439  extended benefits paid, which are attributable to service in the
 1440  employ of the nonprofit organization, to individuals for weeks
 1441  of unemployment which begin during the effective period of the
 1442  election.
 1443         (d) In accordance with rules adopted by the Department of
 1444  Economic Opportunity or the state agency providing reemployment
 1445  assistance unemployment tax collection services, the tax
 1446  collection service provider shall notify each nonprofit
 1447  organization of any determination of the organization’s status
 1448  as an employer, the effective date of any election the
 1449  organization makes, and the effective date of any termination of
 1450  the election. Each determination is subject to reconsideration,
 1451  appeal, and review under s. 443.141(2)(c).
 1452         Section 17. Subsection (3) and paragraph (a) of subsection
 1453  (4) of section 443.1313, Florida Statutes, are amended to read:
 1454         443.1313 Public employers; reimbursements; election to pay
 1455  contributions.—Benefits paid to employees of a public employer,
 1456  as defined in s. 443.036, based on service described in s.
 1457  443.1216(2) shall be financed in accordance with this section.
 1458         (3) CHANGE OF ELECTION.—Upon electing to be a reimbursing
 1459  or contributing employer under this section, a public employer
 1460  may not change this election for at least 2 calendar years. This
 1461  subsection does not prevent a public employer subject to this
 1462  subsection from changing its election after completing 2
 1463  calendar years under another financing method if the new
 1464  election is timely filed. The state agency providing
 1465  reemployment assistance unemployment tax collection services may
 1466  adopt rules prescribing procedures for changing methods of
 1467  reporting.
 1468         (4) PUBLIC EMPLOYERS REEMPLOYMENT ASSISTANCE UNEMPLOYMENT
 1469  COMPENSATION BENEFIT ACCOUNT.—
 1470         (a) There is established within the Unemployment
 1471  Compensation Trust Fund a Public Employers Reemployment
 1472  Assistance Unemployment Compensation Benefit Account, which must
 1473  be maintained as a separate account within the trust fund. All
 1474  benefits paid to the employees of a public employer that elects
 1475  to become a contributing employer under paragraph (b) must be
 1476  charged to the Public Employers Unemployment Compensation
 1477  Benefit Account.
 1478         Section 18. Subsection (7) of section 443.1315, Florida
 1479  Statutes, is amended to read:
 1480         443.1315 Treatment of Indian tribes.—
 1481         (7) The Department of Economic Opportunity and the state
 1482  agency providing reemployment assistance unemployment tax
 1483  collection services shall adopt rules necessary to administer
 1484  this section.
 1485         Section 19. Section 443.1316, Florida Statutes, is amended
 1486  to read:
 1487         443.1316 Reemployment assistance Unemployment tax
 1488  collection services; interagency agreement.—
 1489         (1) The Department of Economic Opportunity shall contract
 1490  with the Department of Revenue, through an interagency
 1491  agreement, to perform the duties of the tax collection service
 1492  provider and provide other reemployment assistance unemployment
 1493  tax collection services under this chapter. Under the
 1494  interagency agreement, the tax collection service provider may
 1495  only implement:
 1496         (a) The provisions of this chapter conferring duties upon
 1497  the tax collection service provider.
 1498         (b) The provisions of law conferring duties upon the
 1499  department which are specifically delegated to the tax
 1500  collection service provider in the interagency agreement.
 1501         (2)(a) The Department of Revenue is considered to be
 1502  administering a revenue law of this state when the department
 1503  implements this chapter, or otherwise provides reemployment
 1504  assistance unemployment tax collection services, under contract
 1505  with the department through the interagency agreement.
 1506         (b) Sections 213.015(1)-(3), (5)-(7), (9)-(19), and (21);
 1507  213.018; 213.025; 213.051; 213.053; 213.0532; 213.0535; 213.055;
 1508  213.071; 213.10; 213.21(4); 213.2201; 213.23; 213.24; 213.25;
 1509  213.27; 213.28; 213.285; 213.34(1), (3), and (4); 213.37;
 1510  213.50; 213.67; 213.69; 213.692; 213.73; 213.733; 213.74; and
 1511  213.757 apply to the collection of reemployment assistance
 1512  unemployment contributions and reimbursements by the Department
 1513  of Revenue unless prohibited by federal law.
 1514         Section 20. Paragraph (a) of subsection (1) and subsections
 1515  (2) and (3) of section 443.1317, Florida Statutes, are amended
 1516  to read:
 1517         443.1317 Rulemaking authority; enforcement of rules.—
 1518         (1) DEPARTMENT OF ECONOMIC OPPORTUNITY.—
 1519         (a) Except as otherwise provided in s. 443.012, the
 1520  Department of Economic Opportunity has ultimate authority over
 1521  the administration of the Reemployment Assistance Unemployment
 1522  Compensation Program.
 1523         (2) TAX COLLECTION SERVICE PROVIDER.—The state agency
 1524  providing reemployment assistance unemployment tax collection
 1525  services under contract with the Department of Economic
 1526  Opportunity through an interagency agreement pursuant to s.
 1527  443.1316 may adopt rules under ss. 120.536(1) and 120.54,
 1528  subject to approval by the department, to administer the
 1529  provisions of law described in s. 443.1316(1)(a) and (b) which
 1530  are within this chapter. These rules must not conflict with the
 1531  rules adopted by the department or with the interagency
 1532  agreement.
 1533         (3) ENFORCEMENT OF RULES.—The Department of Economic
 1534  Opportunity may enforce any rule adopted by the state agency
 1535  providing reemployment assistance unemployment tax collection
 1536  services to administer this chapter. The tax collection service
 1537  provider may enforce any rule adopted by the department to
 1538  administer the provisions of law described in s. 443.1316(1)(a)
 1539  and (b).
 1540         Section 21. Paragraphs (b) and (g) of subsection (1),
 1541  paragraph (c) of subsection (2), and paragraphs (c) and (e) of
 1542  subsection (4) of section 443.141, Florida Statutes, are amended
 1543  to read:
 1544         443.141 Collection of contributions and reimbursements.—
 1545         (1) PAST DUE CONTRIBUTIONS AND REIMBURSEMENTS; DELINQUENT,
 1546  ERRONEOUS, INCOMPLETE, OR INSUFFICIENT REPORTS.—
 1547         (b) Penalty for delinquent, erroneous, incomplete, or
 1548  insufficient reports.—
 1549         1. An employing unit that fails to file any report required
 1550  by the Department of Economic Opportunity or its tax collection
 1551  service provider, in accordance with rules for administering
 1552  this chapter, shall pay to the service provider for each
 1553  delinquent report the sum of $25 for each 30 days or fraction
 1554  thereof that the employing unit is delinquent, unless the
 1555  department agency or its service provider, whichever required
 1556  the report, finds that the employing unit has good reason for
 1557  failing to file the report. The department or its service
 1558  provider may assess penalties only through the date of the
 1559  issuance of the final assessment notice. However, additional
 1560  penalties accrue if the delinquent report is subsequently filed.
 1561         2.a. An employing unit that files an erroneous, incomplete,
 1562  or insufficient report with the department or its tax collection
 1563  service provider shall pay a penalty. The amount of the penalty
 1564  is $50 or 10 percent of any tax due, whichever is greater, but
 1565  no more than $300 per report. The penalty shall be added to any
 1566  tax, penalty, or interest otherwise due.
 1567         b. The department or its tax collection service provider
 1568  shall waive the penalty if the employing unit files an accurate,
 1569  complete, and sufficient report within 30 days after a penalty
 1570  notice is issued to the employing unit. The penalty may not be
 1571  waived pursuant to this subparagraph more than one time during a
 1572  12-month period.
 1573         c. As used in this subsection, the term “erroneous,
 1574  incomplete, or insufficient report” means a report so lacking in
 1575  information, completeness, or arrangement that the report cannot
 1576  be readily understood, verified, or reviewed. Such reports
 1577  include, but are not limited to, reports having missing wage or
 1578  employee information, missing or incorrect social security
 1579  numbers, or illegible entries; reports submitted in a format
 1580  that is not approved by the department or its tax collection
 1581  service provider; and reports showing gross wages that do not
 1582  equal the total of the wages of each employee. However, the term
 1583  does not include a report that merely contains inaccurate data
 1584  that was supplied to the employer by the employee, if the
 1585  employer was unaware of the inaccuracy.
 1586         3. Penalties imposed pursuant to this paragraph shall be
 1587  deposited in the Special Employment Security Administration
 1588  Trust Fund.
 1589         4. The penalty and interest for a delinquent, erroneous,
 1590  incomplete, or insufficient report may be waived if the penalty
 1591  or interest is inequitable. The provisions of s. 213.24(1) apply
 1592  to any penalty or interest that is imposed under this section.
 1593         (g) Adoption of rules.—The department and the state agency
 1594  providing reemployment assistance unemployment tax collection
 1595  services may adopt rules to administer this subsection.
 1596         (2) REPORTS, CONTRIBUTIONS, APPEALS.—
 1597         (c) Appeals.—The department and the state agency providing
 1598  reemployment assistance unemployment tax collection services
 1599  shall adopt rules prescribing the procedures for an employing
 1600  unit determined to be an employer to file an appeal and be
 1601  afforded an opportunity for a hearing on the determination.
 1602  Pending a hearing, the employing unit must file reports and pay
 1603  contributions in accordance with s. 443.131.
 1604         (4) MISCELLANEOUS PROVISIONS FOR COLLECTION OF
 1605  CONTRIBUTIONS AND REIMBURSEMENTS.—
 1606         (c) Any agent or employee designated by the Department of
 1607  Economic Opportunity or its tax collection service provider may
 1608  administer an oath to any person for any return or report
 1609  required by this chapter or by the rules of the department or
 1610  the state agency providing reemployment assistance unemployment
 1611  tax collection services, and an oath made before the department
 1612  or its service provider or any authorized agent or employee has
 1613  the same effect as an oath made before any judicial officer or
 1614  notary public of the state.
 1615         (e) The tax collection service provider may commence an
 1616  action in any other state to collect reemployment assistance
 1617  unemployment compensation contributions, reimbursements,
 1618  penalties, and interest legally due this state. The officials of
 1619  other states that extend a like comity to this state may sue for
 1620  the collection of contributions, reimbursements, interest, and
 1621  penalties in the courts of this state. The courts of this state
 1622  shall recognize and enforce liability for contributions,
 1623  reimbursements, interest, and penalties imposed by other states
 1624  that extend a like comity to this state.
 1625         Section 22. Paragraph (b) of subsection (1), paragraph (b)
 1626  of subsection (2), paragraph (c) of subsection (3), and
 1627  paragraphs (a) and (b) of subsection (6) of section 443.151,
 1628  Florida Statutes, are amended to read:
 1629         443.151 Procedure concerning claims.—
 1630         (1) POSTING OF INFORMATION.—
 1631         (b)1. The department shall advise each individual filing a
 1632  new claim for reemployment assistance unemployment compensation,
 1633  at the time of filing the claim, that:
 1634         a. Reemployment assistance unemployment compensation is
 1635  subject to federal income tax.
 1636         b. Requirements exist pertaining to estimated tax payments.
 1637         c. The individual may elect to have federal income tax
 1638  deducted and withheld from the individual’s payment of
 1639  reemployment assistance unemployment compensation at the amount
 1640  specified in the federal Internal Revenue Code.
 1641         d. The individual is not permitted to change a previously
 1642  elected withholding status more than twice per calendar year.
 1643         2. Amounts deducted and withheld from reemployment
 1644  assistance unemployment compensation must remain in the
 1645  Unemployment Compensation Trust Fund until transferred to the
 1646  federal taxing authority as payment of income tax.
 1647         3. The department shall follow all procedures specified by
 1648  the United States Department of Labor and the federal Internal
 1649  Revenue Service pertaining to the deducting and withholding of
 1650  income tax.
 1651         4. If more than one authorized request for deduction and
 1652  withholding is made, amounts must be deducted and withheld in
 1653  accordance with the following priorities:
 1654         a. Reemployment assistance Unemployment overpayments have
 1655  first priority;
 1656         b. Child support payments have second priority; and
 1657         c. Withholding under this subsection has third priority.
 1658         (2) FILING OF CLAIM INVESTIGATIONS; NOTIFICATION OF
 1659  CLAIMANTS AND EMPLOYERS.—
 1660         (b) Process.—When the Reemployment Assistance Unemployment
 1661  Compensation Claims and Benefits Information System described in
 1662  s. 443.1113 is fully operational, the process for filing claims
 1663  must incorporate the process for registering for work with the
 1664  workforce information systems established pursuant to s.
 1665  445.011. A claim for benefits may not be processed until the
 1666  work registration requirement is satisfied. The department may
 1667  adopt rules as necessary to administer the work registration
 1668  requirement set forth in this paragraph.
 1669         (3) DETERMINATION OF ELIGIBILITY.—
 1670         (c) Nonmonetary determinations.—If the department receives
 1671  information that may result in a denial of benefits, the
 1672  department must complete an investigation of the claim required
 1673  by subsection (2) and provide notice of a nonmonetary
 1674  determination to the claimant and the employer from whom the
 1675  claimant’s reason for separation affects his or her entitlement
 1676  to benefits. The determination must state the reason for the
 1677  determination and whether the reemployment assistance
 1678  unemployment tax account of the contributing employer is charged
 1679  for benefits paid on the claim. The nonmonetary determination is
 1680  final unless within 20 days after the mailing of the notices to
 1681  the parties’ last known addresses, or in lieu of mailing, within
 1682  20 days after the delivery of the notices, an appeal or written
 1683  request for reconsideration is filed by the claimant or other
 1684  party entitled to notice. The department may adopt rules as
 1685  necessary to implement the processes described in this paragraph
 1686  relating to notices of nonmonetary determination and the appeals
 1687  or reconsideration requests filed in response to such notices,
 1688  and may adopt rules prescribing the manner and procedure by
 1689  which employers within the base period of a claimant become
 1690  entitled to notice of nonmonetary determination.
 1691         (6) RECOVERY AND RECOUPMENT.—
 1692         (a) Any person who, by reason of her or his fraud, receives
 1693  benefits under this chapter to which she or he is not entitled
 1694  is liable for repaying those benefits to the Department of
 1695  Economic Opportunity on behalf of the trust fund or, in the
 1696  discretion of the department, to have those benefits deducted
 1697  from future benefits payable to her or him under this chapter.
 1698  To enforce this paragraph, the department must find the
 1699  existence of fraud through a redetermination or decision under
 1700  this section within 2 years after the fraud was committed. Any
 1701  recovery or recoupment of benefits must be commenced effected
 1702  within 7 5 years after the redetermination or decision.
 1703         (b) Any person who, by reason other than her or his fraud,
 1704  receives benefits under this chapter to which, under a
 1705  redetermination or decision pursuant to this section, she or he
 1706  is not entitled, is liable for repaying those benefits to the
 1707  department on behalf of the trust fund or, in the discretion of
 1708  the department, to have those benefits deducted from any future
 1709  benefits payable to her or him under this chapter. Any recovery
 1710  or recoupment of benefits must be commenced effected within 7 3
 1711  years after the redetermination or decision.
 1712         Section 23. Subsection (1) and paragraph (c) of subsection
 1713  (3) of section 443.163, Florida Statutes, are amended to read:
 1714         443.163 Electronic reporting and remitting of contributions
 1715  and reimbursements.—
 1716         (1) An employer may file any report and remit any
 1717  contributions or reimbursements required under this chapter by
 1718  electronic means. The Department of Economic Opportunity or the
 1719  state agency providing reemployment assistance unemployment tax
 1720  collection services shall adopt rules prescribing the format and
 1721  instructions necessary for electronically filing reports and
 1722  remitting contributions and reimbursements to ensure a full
 1723  collection of contributions and reimbursements due. The
 1724  acceptable method of transfer, the method, form, and content of
 1725  the electronic means, and the method, if any, by which the
 1726  employer will be provided with an acknowledgment shall be
 1727  prescribed by the department or its tax collection service
 1728  provider. However, any employer who employed 10 or more
 1729  employees in any quarter during the preceding state fiscal year
 1730  must file the Employers Quarterly Reports (UCT-6) for the
 1731  current calendar year and remit the contributions and
 1732  reimbursements due by electronic means approved by the tax
 1733  collection service provider. A person who prepared and reported
 1734  for 100 or more employers in any quarter during the preceding
 1735  state fiscal year must file the Employers Quarterly Reports
 1736  (UCT-6) for each calendar quarter in the current calendar year,
 1737  beginning with reports due for the second calendar quarter of
 1738  2003, by electronic means approved by the tax collection service
 1739  provider.
 1740         (3) The tax collection service provider may waive the
 1741  requirement to file an Employers Quarterly Report (UCT-6) by
 1742  electronic means for employers that are unable to comply despite
 1743  good faith efforts or due to circumstances beyond the employer’s
 1744  reasonable control.
 1745         (c) The department or the state agency providing
 1746  reemployment assistance unemployment tax collection services may
 1747  establish by rule the length of time a waiver is valid and may
 1748  determine whether subsequent waivers will be authorized, based
 1749  on this subsection.
 1750         Section 24. Subsections (2) and (5) and paragraphs (a) and
 1751  (c) of subsection (9) of section 443.171, Florida Statutes, are
 1752  amended to read:
 1753         443.171 Department of Economic Opportunity and commission;
 1754  powers and duties; records and reports; proceedings; state
 1755  federal cooperation.—
 1756         (2) PUBLICATION OF ACTS AND RULES.—The Department of
 1757  Economic Opportunity shall cause to be printed and distributed
 1758  to the public, or otherwise distributed to the public through
 1759  the Internet or similar electronic means, the text of this
 1760  chapter and of the rules for administering this chapter adopted
 1761  by the department or the state agency providing reemployment
 1762  assistance unemployment tax collection services and any other
 1763  matter relevant and suitable. The department shall furnish this
 1764  information to any person upon request. However, any pamphlet,
 1765  rules, circulars, or reports required by this chapter may not
 1766  contain any matter except the actual data necessary to complete
 1767  them or the actual language of the rule, together with the
 1768  proper notices.
 1769         (5) RECORDS AND REPORTS.—Each employing unit shall keep
 1770  true and accurate work records, containing the information
 1771  required by the Department of Economic Opportunity or its tax
 1772  collection service provider. These records must be open to
 1773  inspection and are subject to being copied by the department or
 1774  its tax collection service provider at any reasonable time and
 1775  as often as necessary. The department or its tax collection
 1776  service provider may require from any employing unit any sworn
 1777  or unsworn reports, for persons employed by the employing unit,
 1778  necessary for the effective administration of this chapter.
 1779  However, a state or local governmental agency performing
 1780  intelligence or counterintelligence functions need not report an
 1781  employee if the head of that agency determines that reporting
 1782  the employee could endanger the safety of the employee or
 1783  compromise an ongoing investigation or intelligence mission.
 1784  Information revealing the employing unit’s or individual’s
 1785  identity obtained from the employing unit or from any individual
 1786  through the administration of this chapter, is, except to the
 1787  extent necessary for the proper presentation of a claim or upon
 1788  written authorization of the claimant who has a workers’
 1789  compensation claim pending, confidential and exempt from s.
 1790  119.07(1). This confidential information is available only to
 1791  public employees in the performance of their public duties. Any
 1792  claimant, or the claimant’s legal representative, at a hearing
 1793  before an appeals referee or the commission must be supplied
 1794  with information from these records to the extent necessary for
 1795  the proper presentation of her or his claim. Any employee or
 1796  member of the commission, any employee of the department or its
 1797  tax collection service provider, or any other person receiving
 1798  confidential information who violates this subsection commits a
 1799  misdemeanor of the second degree, punishable as provided in s.
 1800  775.082 or s. 775.083. However, the department or its tax
 1801  collection service provider may furnish to any employer copies
 1802  of any report previously submitted by that employer, upon the
 1803  request of the employer. The department or its tax collection
 1804  service provider may charge a reasonable fee for copies of
 1805  reports, which may not exceed the actual reasonable cost of the
 1806  preparation of the copies as prescribed by rules adopted by the
 1807  department or the state agency providing tax collection
 1808  services. Fees received by the department or its tax collection
 1809  service provider for copies furnished under this subsection must
 1810  be deposited in the Employment Security Administration Trust
 1811  Fund.
 1812         (9) STATE-FEDERAL COOPERATION.—
 1813         (a)1. In the administration of this chapter, the Department
 1814  of Economic Opportunity and its tax collection service provider
 1815  shall cooperate with the United States Department of Labor to
 1816  the fullest extent consistent with this chapter and shall take
 1817  those actions, through the adoption of appropriate rules,
 1818  administrative methods, and standards, necessary to secure for
 1819  this state all advantages available under the provisions of
 1820  federal law relating to reemployment assistance unemployment
 1821  compensation.
 1822         2. In the administration of the provisions in s. 443.1115,
 1823  which are enacted to conform with the Federal-State Extended
 1824  Unemployment Compensation Act of 1970, the department shall take
 1825  those actions necessary to ensure that those provisions are
 1826  interpreted and applied to meet the requirements of the federal
 1827  act as interpreted by the United States Department of Labor and
 1828  to secure for this state the full reimbursement of the federal
 1829  share of extended benefits paid under this chapter which is
 1830  reimbursable under the federal act.
 1831         3. The department and its tax collection service provider
 1832  shall comply with the regulations of the United States
 1833  Department of Labor relating to the receipt or expenditure by
 1834  this state of funds granted under federal law; shall submit the
 1835  reports in the form and containing the information the United
 1836  States Department of Labor requires; and shall comply with
 1837  directions of the United States Department of Labor necessary to
 1838  assure the correctness and verification of these reports.
 1839         (c) The department and its tax collection service provider
 1840  shall cooperate with the agencies of other states, and shall
 1841  make every proper effort within their means, to oppose and
 1842  prevent any further action leading to the complete or
 1843  substantial federalization of state reemployment assistance
 1844  unemployment compensation funds or state employment security
 1845  programs. The department and its tax collection service provider
 1846  may make, and may cooperate with other appropriate agencies in
 1847  making, studies as to the practicability and probable cost of
 1848  possible new state-administered social security programs and the
 1849  relative desirability of state, rather than federal, action in
 1850  that field of study.
 1851         Section 25. Subsections (1) and (2) of section 443.1715,
 1852  Florida Statutes, are amended to read:
 1853         443.1715 Disclosure of information; confidentiality.—
 1854         (1) RECORDS AND REPORTS.—Information revealing an employing
 1855  unit’s or individual’s identity obtained from the employing unit
 1856  or any individual under the administration of this chapter, and
 1857  any determination revealing that information, except to the
 1858  extent necessary for the proper presentation of a claim or upon
 1859  written authorization of the claimant who has a workers’
 1860  compensation claim pending or is receiving compensation
 1861  benefits, is confidential and exempt from s. 119.07(1) and s.
 1862  24(a), Art. I of the State Constitution. This confidential
 1863  information may be released in accordance with the provisions in
 1864  20 C.F.R. part 603 only to public employees in the performance
 1865  of their public duties. Except as otherwise provided by law,
 1866  public employees receiving this confidential information must
 1867  maintain the confidentiality of the information. Any claimant,
 1868  or the claimant’s legal representative, at a hearing before an
 1869  appeals referee or the commission is entitled to information
 1870  from these records to the extent necessary for the proper
 1871  presentation of her or his claim. A person receiving
 1872  confidential information who violates this subsection commits a
 1873  misdemeanor of the second degree, punishable as provided in s.
 1874  775.082 or s. 775.083. The Department of Economic Opportunity or
 1875  its tax collection service provider may, however, furnish to any
 1876  employer copies of any report submitted by that employer upon
 1877  the request of the employer and may furnish to any claimant
 1878  copies of any report submitted by that claimant upon the request
 1879  of the claimant. The department or its tax collection service
 1880  provider may charge a reasonable fee for copies of these reports
 1881  as prescribed by rule, which may not exceed the actual
 1882  reasonable cost of the preparation of the copies. Fees received
 1883  for copies under this subsection must be deposited in the
 1884  Employment Security Administration Trust Fund.
 1885         (2) DISCLOSURE OF INFORMATION.—
 1886         (a) Subject to restrictions the Department of Economic
 1887  Opportunity or the state agency providing reemployment
 1888  assistance unemployment tax collection services adopts by rule,
 1889  information declared confidential under this section is
 1890  available to any agency of this or any other state, or any
 1891  federal agency, charged with the administration of any
 1892  reemployment assistance or unemployment compensation law or the
 1893  maintenance of the one-stop delivery system, or the Bureau of
 1894  Internal Revenue of the United States Department of the
 1895  Treasury, or the Florida Department of Revenue. Information
 1896  obtained in connection with the administration of the one-stop
 1897  delivery system may be made available to persons or agencies for
 1898  purposes appropriate to the operation of a public employment
 1899  service or a job-preparatory or career education or training
 1900  program. The department shall, on a quarterly basis, furnish the
 1901  National Directory of New Hires with information concerning the
 1902  wages and reemployment assistance unemployment benefits paid to
 1903  individuals, by the dates, in the format, and containing the
 1904  information specified in the regulations of the United States
 1905  Secretary of Health and Human Services. Upon request, the
 1906  department shall furnish any agency of the United States charged
 1907  with the administration of public works or assistance through
 1908  public employment, and may furnish to any state agency similarly
 1909  charged, the name, address, ordinary occupation, and employment
 1910  status of each recipient of benefits and the recipient’s rights
 1911  to further benefits under this chapter. Except as otherwise
 1912  provided by law, the receiving agency must retain the
 1913  confidentiality of this information as provided in this section.
 1914  The tax collection service provider may request the Comptroller
 1915  of the Currency of the United States to examine the correctness
 1916  of any return or report of any national banking association
 1917  rendered under this chapter and may in connection with that
 1918  request transmit any report or return for examination to the
 1919  Comptroller of the Currency of the United States as provided in
 1920  s. 3305(c) of the federal Internal Revenue Code.
 1921         (b) The employer or the employer’s workers’ compensation
 1922  carrier against whom a claim for benefits under chapter 440 has
 1923  been made, or a representative of either, may request from the
 1924  department records of wages of the employee reported to the
 1925  department by any employer for the quarter that includes the
 1926  date of the accident that is the subject of such claim and for
 1927  subsequent quarters.
 1928         1. The request must be made with the authorization or
 1929  consent of the employee or any employer who paid wages to the
 1930  employee after the date of the accident.
 1931         2. The employer or carrier shall make the request on a form
 1932  prescribed by rule for such purpose by the department agency.
 1933  Such form shall contain a certification by the requesting party
 1934  that it is a party entitled to the information requested.
 1935         3. The department shall provide the most current
 1936  information readily available within 15 days after receiving the
 1937  request.
 1938         Section 26. Subsections (1), (4), (5), (6), and (7) and
 1939  paragraph (c) of subsection (2) of section 443.17161, Florida
 1940  Statutes, are amended to read:
 1941         443.17161 Authorized electronic access to employer
 1942  information.—
 1943         (1) Notwithstanding any other provision of this chapter,
 1944  the Department of Economic Opportunity Agency for Workforce
 1945  Innovation shall contract with one or more consumer reporting
 1946  agencies to provide users with secured electronic access to
 1947  employer-provided information relating to the quarterly wages
 1948  report submitted in accordance with the state’s reemployment
 1949  assistance unemployment compensation law. The access is limited
 1950  to the wage reports for the appropriate amount of time for the
 1951  purpose the information is requested.
 1952         (2) Users must obtain consent in writing or by electronic
 1953  signature from an applicant for credit, employment, or other
 1954  permitted purposes. Any written or electronic signature consent
 1955  from an applicant must be signed and must include the following:
 1956         (c) Notice that the files of the Department of Economic
 1957  Opportunity Agency for Workforce Innovation or its tax
 1958  collection service provider containing information concerning
 1959  wage and employment history which is submitted by the applicant
 1960  or his or her employers may be accessed; and
 1961         (4) If a consumer reporting agency or user violates this
 1962  section, the Department of Economic Opportunity Agency for
 1963  Workforce Innovation shall, upon 30 days’ written notice to the
 1964  consumer reporting agency, terminate the contract established
 1965  between the department Agency for Workforce Innovation and the
 1966  consumer reporting agency or require the consumer reporting
 1967  agency to terminate the contract established between the
 1968  consumer reporting agency and the user under this section.
 1969         (5) The Department of Economic Opportunity Agency for
 1970  Workforce Innovation shall establish minimum audit, security,
 1971  net worth, and liability insurance standards, technical
 1972  requirements, and any other terms and conditions considered
 1973  necessary in the discretion of the state agency to safeguard the
 1974  confidentiality of the information released under this section
 1975  and to otherwise serve the public interest. The department
 1976  Agency for Workforce Innovation shall also include, in
 1977  coordination with any necessary state agencies, necessary audit
 1978  procedures to ensure that these rules are followed.
 1979         (6) In contracting with one or more consumer reporting
 1980  agencies under this section, any revenues generated by the
 1981  contract must be used to pay the entire cost of providing access
 1982  to the information. Further, in accordance with federal
 1983  regulations, any additional revenues generated by the Department
 1984  of Economic Opportunity Agency for Workforce Innovation or the
 1985  state under this section must be paid into the Administrative
 1986  Trust Fund of the department Agency for Workforce Innovation for
 1987  the administration of the unemployment compensation system or be
 1988  used as program income.
 1989         (7) The Department of Economic Opportunity Agency for
 1990  Workforce Innovation may not provide wage and employment history
 1991  information to any consumer reporting agency before the consumer
 1992  reporting agency or agencies under contract with the department
 1993  Agency for Workforce Innovation pay all development and other
 1994  startup costs incurred by the state in connection with the
 1995  design, installation, and administration of technological
 1996  systems and procedures for the electronic access program.
 1997         Section 27. Subsection (2) of section 443.181, Florida
 1998  Statutes, is amended to read:
 1999         443.181 Public employment service.—
 2000         (2) All funds received by this state under 29 U.S.C. ss.
 2001  49-49l-1 must be paid into the Employment Security
 2002  Administration Trust Fund, and these funds are available to the
 2003  Department of Economic Opportunity for expenditure as provided
 2004  by this chapter or by federal law. For the purpose of
 2005  establishing and maintaining one-stop career centers, the
 2006  department may enter into agreements with the Railroad
 2007  Retirement Board or any other agency of the United States
 2008  charged with the administration of a reemployment assistance or
 2009  an unemployment compensation law, with any political subdivision
 2010  of this state, or with any private, nonprofit organization. As a
 2011  part of any such agreement, the department may accept moneys,
 2012  services, or quarters as a contribution to the Employment
 2013  Security Administration Trust Fund.
 2014         Section 28. Subsection (6) of section 443.191, Florida
 2015  Statutes, is amended to read:
 2016         443.191 Unemployment Compensation Trust Fund; establishment
 2017  and control.—
 2018         (6) TRUST FUND SOLE SOURCE FOR BENEFITS.—The Unemployment
 2019  Compensation Trust Fund is the sole and exclusive source for
 2020  paying reemployment assistance unemployment benefits, and these
 2021  benefits are due and payable only to the extent that
 2022  contributions or reimbursements, with increments thereon,
 2023  actually collected and credited to the fund and not otherwise
 2024  appropriated or allocated, are available for payment. The state
 2025  shall administer the fund without any liability on the part of
 2026  the state beyond the amount of moneys received from the United
 2027  States Department of Labor or other federal agency.
 2028         Section 29. Paragraphs (b), (c), and (d) of subsection (1)
 2029  and subsections (3) and (4) of section 443.221, Florida
 2030  Statutes, are amended to read:
 2031         443.221 Reciprocal arrangements.—
 2032         (1)
 2033         (b) For services to be considered as performed within a
 2034  state under a reciprocal agreement, the employing unit must have
 2035  an election in effect for those services, which is approved by
 2036  the agency charged with the administration of such state’s
 2037  reemployment assistance or unemployment compensation law, under
 2038  which all the services performed by the individual for the
 2039  employing unit are deemed to be performed entirely within that
 2040  state.
 2041         (c) The department shall participate in any arrangements
 2042  for the payment of compensation on the basis of combining an
 2043  individual’s wages and employment covered under this chapter
 2044  with her or his wages and employment covered under the
 2045  reemployment assistance or unemployment compensation laws of
 2046  other states, which are approved by the United States Secretary
 2047  of Labor, in consultation with the state reemployment assistance
 2048  or unemployment compensation agencies, as reasonably calculated
 2049  to assure the prompt and full payment of compensation in those
 2050  situations and which include provisions for:
 2051         1. Applying the base period of a single state law to a
 2052  claim involving the combining of an individual’s wages and
 2053  employment covered under two or more state reemployment
 2054  assistance or unemployment compensation laws; and
 2055         2. Avoiding the duplicate use of wages and employment
 2056  because of the combination.
 2057         (d) Contributions or reimbursements due under this chapter
 2058  with respect to wages for insured work are, for the purposes of
 2059  ss. 443.131, 443.1312, 443.1313, and 443.141, deemed to be paid
 2060  to the fund as of the date payment was made as contributions or
 2061  reimbursements therefor under another state or federal
 2062  reemployment assistance or unemployment compensation law, but an
 2063  arrangement may not be entered into unless it contains
 2064  provisions for reimbursement to the fund of the contributions or
 2065  reimbursements and the actual earnings thereon as the department
 2066  or its tax collection service provider finds are fair and
 2067  reasonable as to all affected interests.
 2068         (3) The Department of Economic Opportunity or its tax
 2069  collection service provider may enter into reciprocal
 2070  arrangements with other states or the Federal Government, or
 2071  both, for exchanging services, determining and enforcing payment
 2072  obligations, and making available facilities and information.
 2073  The department or its tax collection service provider may
 2074  conduct investigations, secure and transmit information, make
 2075  available services and facilities, and exercise other powers
 2076  provided under this chapter to facilitate the administration of
 2077  any reemployment assistance or unemployment compensation or
 2078  public employment service law and, in a similar manner, accept
 2079  and use information, services, and facilities made available to
 2080  this state by the agency charged with the administration of any
 2081  other unemployment compensation or public employment service
 2082  law.
 2083         (4) To the extent permissible under federal law, the
 2084  Department of Economic Opportunity may enter into or cooperate
 2085  in arrangements whereby facilities and services provided under
 2086  this chapter and facilities and services provided under the
 2087  reemployment assistance or unemployment compensation law of any
 2088  foreign government may be used for the taking of claims and the
 2089  payment of benefits under the employment security law of the
 2090  state or under a similar law of that government.
 2091         Section 30. Paragraph (c) of subsection (5) and subsection
 2092  (8) of section 20.60, Florida Statutes, are amended to read:
 2093         20.60 Department of Economic Opportunity; creation; powers
 2094  and duties.—
 2095         (5) The divisions within the department have specific
 2096  responsibilities to achieve the duties, responsibilities, and
 2097  goals of the department. Specifically:
 2098         (c) The Division of Workforce Services shall:
 2099         1. Prepare and submit a unified budget request for
 2100  workforce in accordance with chapter 216 for, and in conjunction
 2101  with, Workforce Florida, Inc., and its board.
 2102         2. Ensure that the state appropriately administers federal
 2103  and state workforce funding by administering plans and policies
 2104  of Workforce Florida, Inc., under contract with Workforce
 2105  Florida, Inc. The operating budget and midyear amendments
 2106  thereto must be part of such contract.
 2107         a. All program and fiscal instructions to regional
 2108  workforce boards shall emanate from the Department of Economic
 2109  Opportunity pursuant to plans and policies of Workforce Florida,
 2110  Inc., which shall be responsible for all policy directions to
 2111  the regional workforce boards.
 2112         b. Unless otherwise provided by agreement with Workforce
 2113  Florida, Inc., administrative and personnel policies of the
 2114  Department of Economic Opportunity shall apply.
 2115         3. Implement the state’s reemployment assistance
 2116  unemployment compensation program. The Department of Economic
 2117  Opportunity shall ensure that the state appropriately
 2118  administers the reemployment assistance unemployment
 2119  compensation program pursuant to state and federal law.
 2120         4. Assist in developing the 5-year statewide strategic plan
 2121  required by this section.
 2122         (8) The Reemployment Assistance Unemployment Appeals
 2123  Commission, authorized by s. 443.012, is not subject to control,
 2124  supervision, or direction by the department in the performance
 2125  of its powers and duties but shall receive any and all support
 2126  and assistance from the department which is required for the
 2127  performance of its duties.
 2128         Section 31. Paragraph (a) of subsection (1) of section
 2129  27.52, Florida Statutes, is amended to read:
 2130         27.52 Determination of indigent status.—
 2131         (1) APPLICATION TO THE CLERK.—A person seeking appointment
 2132  of a public defender under s. 27.51 based upon an inability to
 2133  pay must apply to the clerk of the court for a determination of
 2134  indigent status using an application form developed by the
 2135  Florida Clerks of Court Operations Corporation with final
 2136  approval by the Supreme Court.
 2137         (a) The application must include, at a minimum, the
 2138  following financial information:
 2139         1. Net income, consisting of total salary and wages, minus
 2140  deductions required by law, including court-ordered support
 2141  payments.
 2142         2. Other income, including, but not limited to, social
 2143  security benefits, union funds, veterans’ benefits, workers’
 2144  compensation, other regular support from absent family members,
 2145  public or private employee pensions, reemployment assistance or
 2146  unemployment compensation, dividends, interest, rent, trusts,
 2147  and gifts.
 2148         3. Assets, including, but not limited to, cash, savings
 2149  accounts, bank accounts, stocks, bonds, certificates of deposit,
 2150  equity in real estate, and equity in a boat or a motor vehicle
 2151  or in other tangible property.
 2152         4. All liabilities and debts.
 2153         5. If applicable, the amount of any bail paid for the
 2154  applicant’s release from incarceration and the source of the
 2155  funds.
 2156  
 2157  The application must include a signature by the applicant which
 2158  attests to the truthfulness of the information provided. The
 2159  application form developed by the corporation must include
 2160  notice that the applicant may seek court review of a clerk’s
 2161  determination that the applicant is not indigent, as provided in
 2162  this section.
 2163         Section 32. Subsection (6) of section 40.24, Florida
 2164  Statutes, is amended to read:
 2165         40.24 Compensation and reimbursement policy.—
 2166         (6) A juror who receives reemployment assistance
 2167  unemployment benefits does not lose such benefits because he or
 2168  she receives compensation for juror service.
 2169         Section 33. Paragraph (a) of subsection (7) of section
 2170  45.031, Florida Statutes, is amended to read:
 2171         45.031 Judicial sales procedure.—In any sale of real or
 2172  personal property under an order or judgment, the procedures
 2173  provided in this section and ss. 45.0315-45.035 may be followed
 2174  as an alternative to any other sale procedure if so ordered by
 2175  the court.
 2176         (7) DISBURSEMENTS OF PROCEEDS.—
 2177         (a) On filing a certificate of title, the clerk shall
 2178  disburse the proceeds of the sale in accordance with the order
 2179  or final judgment and shall file a report of such disbursements
 2180  and serve a copy of it on each party, and on the Department of
 2181  Revenue if the department was named as a defendant in the action
 2182  or if the Department of Economic Opportunity or the former
 2183  Agency for Workforce Innovation was named as a defendant while
 2184  the Department of Revenue was providing reemployment assistance
 2185  unemployment tax collection services under contract with the
 2186  Department of Economic Opportunity or the former Agency for
 2187  Workforce Innovation through an interagency agreement pursuant
 2188  to s. 443.1316.
 2189         Section 34. Subsection (2) of section 55.204, Florida
 2190  Statutes, is amended to read:
 2191         55.204 Duration and continuation of judgment lien;
 2192  destruction of records.—
 2193         (2) Liens securing the payment of child support or tax
 2194  obligations under s. 95.091(1)(b) lapse 20 years after the date
 2195  of the original filing of the warrant or other document required
 2196  by law to establish a lien. Liens securing the payment of
 2197  reemployment assistance unemployment tax obligations lapse 10
 2198  years after the date of the original filing of the notice of
 2199  lien. A second lien based on the original filing may not be
 2200  obtained.
 2201         Section 35. Paragraph (a) of subsection (1) of section
 2202  57.082, Florida Statutes, is amended to read:
 2203         57.082 Determination of civil indigent status.—
 2204         (1) APPLICATION TO THE CLERK.—A person seeking appointment
 2205  of an attorney in a civil case eligible for court-appointed
 2206  counsel, or seeking relief from payment of filing fees and
 2207  prepayment of costs under s. 57.081, based upon an inability to
 2208  pay must apply to the clerk of the court for a determination of
 2209  civil indigent status using an application form developed by the
 2210  Florida Clerks of Court Operations Corporation with final
 2211  approval by the Supreme Court.
 2212         (a) The application must include, at a minimum, the
 2213  following financial information:
 2214         1. Net income, consisting of total salary and wages, minus
 2215  deductions required by law, including court-ordered support
 2216  payments.
 2217         2. Other income, including, but not limited to, social
 2218  security benefits, union funds, veterans’ benefits, workers’
 2219  compensation, other regular support from absent family members,
 2220  public or private employee pensions, reemployment assistance or
 2221  unemployment compensation, dividends, interest, rent, trusts,
 2222  and gifts.
 2223         3. Assets, including, but not limited to, cash, savings
 2224  accounts, bank accounts, stocks, bonds, certificates of deposit,
 2225  equity in real estate, and equity in a boat or a motor vehicle
 2226  or in other tangible property.
 2227         4. All liabilities and debts.
 2228  
 2229  The application must include a signature by the applicant which
 2230  attests to the truthfulness of the information provided. The
 2231  application form developed by the corporation must include
 2232  notice that the applicant may seek court review of a clerk’s
 2233  determination that the applicant is not indigent, as provided in
 2234  this section.
 2235         Section 36. Subsection (8) of section 61.046, Florida
 2236  Statutes, is amended to read:
 2237         61.046 Definitions.—As used in this chapter, the term:
 2238         (8) “Income” means any form of payment to an individual,
 2239  regardless of source, including, but not limited to: wages,
 2240  salary, commissions and bonuses, compensation as an independent
 2241  contractor, worker’s compensation, disability benefits, annuity
 2242  and retirement benefits, pensions, dividends, interest,
 2243  royalties, trusts, and any other payments, made by any person,
 2244  private entity, federal or state government, or any unit of
 2245  local government. United States Department of Veterans Affairs
 2246  disability benefits and reemployment assistance or unemployment
 2247  compensation, as defined in chapter 443, are excluded from this
 2248  definition of income except for purposes of establishing an
 2249  amount of support.
 2250         Section 37. Paragraph (a) of subsection (3) of section
 2251  61.1824, Florida Statutes, is amended to read:
 2252         61.1824 State Disbursement Unit.—
 2253         (3) The State Disbursement Unit shall perform the following
 2254  functions:
 2255         (a) Disburse all receipts from intercepts, including, but
 2256  not limited to, United States Internal Revenue Service,
 2257  reemployment assistance or unemployment compensation, lottery,
 2258  and administrative offset intercepts.
 2259         Section 38. Paragraph (a) of subsection (2) of section
 2260  61.30, Florida Statutes, is amended to read:
 2261         61.30 Child support guidelines; retroactive child support.—
 2262         (2) Income shall be determined on a monthly basis for each
 2263  parent as follows:
 2264         (a) Gross income shall include, but is not limited to, the
 2265  following:
 2266         1. Salary or wages.
 2267         2. Bonuses, commissions, allowances, overtime, tips, and
 2268  other similar payments.
 2269         3. Business income from sources such as self-employment,
 2270  partnership, close corporations, and independent contracts.
 2271  “Business income” means gross receipts minus ordinary and
 2272  necessary expenses required to produce income.
 2273         4. Disability benefits.
 2274         5. All workers’ compensation benefits and settlements.
 2275         6. Reemployment assistance or unemployment compensation.
 2276         7. Pension, retirement, or annuity payments.
 2277         8. Social security benefits.
 2278         9. Spousal support received from a previous marriage or
 2279  court ordered in the marriage before the court.
 2280         10. Interest and dividends.
 2281         11. Rental income, which is gross receipts minus ordinary
 2282  and necessary expenses required to produce the income.
 2283         12. Income from royalties, trusts, or estates.
 2284         13. Reimbursed expenses or in kind payments to the extent
 2285  that they reduce living expenses.
 2286         14. Gains derived from dealings in property, unless the
 2287  gain is nonrecurring.
 2288         Section 39. Paragraph (a) of subsection (4) of section
 2289  69.041, Florida Statutes, is amended to read:
 2290         69.041 State named party; lien foreclosure, suit to quiet
 2291  title.—
 2292         (4)(a) The Department of Revenue has the right to
 2293  participate in the disbursement of funds remaining in the
 2294  registry of the court after distribution pursuant to s.
 2295  45.031(7). The department shall participate in accordance with
 2296  applicable procedures in any mortgage foreclosure action in
 2297  which the department has a duly filed tax warrant, or interests
 2298  under a lien arising from a judgment, order, or decree for
 2299  support, as defined in s. 409.2554, or interest in an
 2300  reemployment assistance unemployment compensation tax lien under
 2301  contract with the Department of Economic Opportunity through an
 2302  interagency agreement pursuant to s. 443.1316, against the
 2303  subject property and with the same priority, regardless of
 2304  whether a default against the department, the Department of
 2305  Economic Opportunity, or the former Agency for Workforce
 2306  Innovation has been entered for failure to file an answer or
 2307  other responsive pleading.
 2308         Section 40. Subsection (1) of section 77.041, Florida
 2309  Statutes, is amended to read:
 2310         77.041 Notice to individual defendant for claim of
 2311  exemption from garnishment; procedure for hearing.—
 2312         (1) Upon application for a writ of garnishment by a
 2313  plaintiff, if the defendant is an individual, the clerk of the
 2314  court shall attach to the writ the following “Notice to
 2315  Defendant”:
 2316  
 2317                NOTICE TO DEFENDANT OF RIGHT AGAINST               
 2318                    GARNISHMENT OF WAGES, MONEY,                   
 2319                         AND OTHER PROPERTY                        
 2320  
 2321         The Writ of Garnishment delivered to you with this Notice
 2322  means that wages, money, and other property belonging to you
 2323  have been garnished to pay a court judgment against you.
 2324  HOWEVER, YOU MAY BE ABLE TO KEEP OR RECOVER YOUR WAGES, MONEY,
 2325  OR PROPERTY. READ THIS NOTICE CAREFULLY.
 2326         State and federal laws provide that certain wages, money,
 2327  and property, even if deposited in a bank, savings and loan, or
 2328  credit union, may not be taken to pay certain types of court
 2329  judgments. Such wages, money, and property are exempt from
 2330  garnishment. The major exemptions are listed below on the form
 2331  for Claim of Exemption and Request for Hearing. This list does
 2332  not include all possible exemptions. You should consult a lawyer
 2333  for specific advice.
 2334         TO KEEP YOUR WAGES, MONEY, AND OTHER PROPERTY FROM
 2335         BEING GARNISHED, OR TO GET BACK ANYTHING ALREADY
 2336         TAKEN, YOU MUST COMPLETE A FORM FOR CLAIM OF EXEMPTION
 2337         AND REQUEST FOR HEARING AS SET FORTH BELOW AND HAVE
 2338         THE FORM NOTARIZED. YOU MUST FILE THE FORM WITH THE
 2339         CLERK’S OFFICE WITHIN 20 DAYS AFTER THE DATE YOU
 2340         RECEIVE THIS NOTICE OR YOU MAY LOSE IMPORTANT RIGHTS.
 2341         YOU MUST ALSO MAIL OR DELIVER A COPY OF THIS FORM TO
 2342         THE PLAINTIFF AND THE GARNISHEE AT THE ADDRESSES
 2343         LISTED ON THE WRIT OF GARNISHMENT.
 2344         If you request a hearing, it will be held as soon as
 2345  possible after your request is received by the court. The
 2346  plaintiff must file any objection within 3 business days if you
 2347  hand delivered to the plaintiff a copy of the form for Claim of
 2348  Exemption and Request for Hearing or, alternatively, 8 business
 2349  days if you mailed a copy of the form for claim and request to
 2350  the plaintiff. If the plaintiff files an objection to your Claim
 2351  of Exemption and Request for Hearing, the clerk will notify you
 2352  and the other parties of the time and date of the hearing. You
 2353  may attend the hearing with or without an attorney. If the
 2354  plaintiff fails to file an objection, no hearing is required,
 2355  the writ of garnishment will be dissolved and your wages, money,
 2356  or property will be released.
 2357         YOU SHOULD FILE THE FORM FOR CLAIM OF EXEMPTION
 2358         IMMEDIATELY TO KEEP YOUR WAGES, MONEY, OR PROPERTY
 2359         FROM BEING APPLIED TO THE COURT JUDGMENT. THE CLERK
 2360         CANNOT GIVE YOU LEGAL ADVICE. IF YOU NEED LEGAL
 2361         ASSISTANCE YOU SHOULD SEE A LAWYER. IF YOU CANNOT
 2362         AFFORD A PRIVATE LAWYER, LEGAL SERVICES MAY BE
 2363         AVAILABLE. CONTACT YOUR LOCAL BAR ASSOCIATION OR ASK
 2364         THE CLERK’S OFFICE ABOUT ANY LEGAL SERVICES PROGRAM IN
 2365         YOUR AREA.
 2366  
 2367                       CLAIM OF EXEMPTION AND                      
 2368                         REQUEST FOR HEARING                       
 2369  
 2370  I claim exemptions from garnishment under the following
 2371  categories as checked:
 2372  ....  1. Head of family wages. (You must check a. or b. below.)      
 2373  ....  a. I provide more than one-half of the support for a child or other dependent and have net earnings of $750 or less per week.
 2374  ....  b. I provide more than one-half of the support for a child or other dependent, have net earnings of more than $750 per week, but have not agreed in writing to have my wages garnished.
 2375  ....  2. Social Security benefits.                                   
 2376  ....  3. Supplemental Security Income benefits.                      
 2377  ....  4. Public assistance (welfare).                                
 2378  ....  5. Workers’ Compensation.                                      
 2379  ....  6. Reemployment assistance or unemployment Compensation.       
 2380  ....  7. Veterans’ benefits.                                         
 2381  ....  8. Retirement or profit-sharing benefits or pension money.     
 2382  ....  9. Life insurance benefits or cash surrender value of a life insurance policy or proceeds of annuity contract.
 2383  ....  10. Disability income benefits.                                
 2384  ....  11. Prepaid College Trust Fund or Medical Savings Account.     
 2385  ....  12. Other exemptions as provided by law.....................(explain)
 2386  
 2387  I request a hearing to decide the validity of my claim. Notice
 2388  of the hearing should be given to me at:
 2389  
 2390  Address: ................................
 2391  Telephone number:........................
 2392  
 2393  The statements made in this request are true to the best of my
 2394  knowledge and belief.
 2395  
 2396  ................................
 2397  Defendant’s signature
 2398  Date................................
 2399  
 2400  STATE OF FLORIDA
 2401  COUNTY OF
 2402  
 2403  Sworn and subscribed to before me this ........ day of ...(month
 2404  and year)..., by ...(name of person making statement)...
 2405  Notary Public/Deputy Clerk
 2406  Personally Known ........OR Produced Identification....
 2407  Type of Identification Produced....................
 2408  
 2409         Section 41. Paragraph (n) of subsection (2) of section
 2410  110.205, Florida Statutes, is amended to read:
 2411         110.205 Career service; exemptions.—
 2412         (2) EXEMPT POSITIONS.—The exempt positions that are not
 2413  covered by this part include the following:
 2414         (n)1.a. In addition to those positions exempted by other
 2415  paragraphs of this subsection, each department head may
 2416  designate a maximum of 20 policymaking or managerial positions,
 2417  as defined by the department and approved by the Administration
 2418  Commission, as being exempt from the Career Service System.
 2419  Career service employees who occupy a position designated as a
 2420  position in the Selected Exempt Service under this paragraph
 2421  shall have the right to remain in the Career Service System by
 2422  opting to serve in a position not exempted by the employing
 2423  agency. Unless otherwise fixed by law, the department shall set
 2424  the salary and benefits of these positions in accordance with
 2425  the rules of the Selected Exempt Service; provided, however,
 2426  that if the agency head determines that the general counsel,
 2427  chief Cabinet aide, public information administrator or
 2428  comparable position for a Cabinet officer, inspector general, or
 2429  legislative affairs director has both policymaking and
 2430  managerial responsibilities and if the department determines
 2431  that any such position has both policymaking and managerial
 2432  responsibilities, the salary and benefits for each such position
 2433  shall be established by the department in accordance with the
 2434  rules of the Senior Management Service.
 2435         b. In addition, each department may designate one
 2436  additional position in the Senior Management Service if that
 2437  position reports directly to the agency head or to a position in
 2438  the Senior Management Service and if any additional costs are
 2439  absorbed from the existing budget of that department.
 2440         2. If otherwise exempt, employees of the Public Employees
 2441  Relations Commission, the Commission on Human Relations, and the
 2442  Reemployment Assistance Unemployment Appeals Commission, upon
 2443  the certification of their respective commission heads, may be
 2444  provided for under this paragraph as members of the Senior
 2445  Management Service, if otherwise qualified. However, the deputy
 2446  general counsel of the Public Employees Relations Commission
 2447  shall be compensated as members of the Selected Exempt Service.
 2448         Section 42. Subsection (4) of section 110.502, Florida
 2449  Statutes, is amended to read:
 2450         110.502 Scope of act; status of volunteers.—
 2451         (4) Persons working with state agencies pursuant to this
 2452  part shall be considered as unpaid independent volunteers and
 2453  shall not be entitled to reemployment assistance unemployment
 2454  compensation.
 2455         Section 43. Subsection (10) of section 120.80, Florida
 2456  Statutes, is amended to read:
 2457         120.80 Exceptions and special requirements; agencies.—
 2458         (10) DEPARTMENT OF ECONOMIC OPPORTUNITY.—
 2459         (a) Notwithstanding s. 120.54, the rulemaking provisions of
 2460  this chapter do not apply to reemployment assistance
 2461  unemployment appeals referees.
 2462         (b) Notwithstanding s. 120.54(5), the uniform rules of
 2463  procedure do not apply to appeal proceedings conducted under
 2464  chapter 443 by the Reemployment Assistance Unemployment Appeals
 2465  Commission, special deputies, or reemployment assistance
 2466  unemployment appeals referees.
 2467         (c) Notwithstanding s. 120.57(1)(a), hearings under chapter
 2468  443 may not be conducted by an administrative law judge assigned
 2469  by the division, but instead shall be conducted by the
 2470  Reemployment Assistance Unemployment Appeals Commission in
 2471  reemployment assistance unemployment compensation appeals,
 2472  reemployment assistance unemployment appeals referees, and the
 2473  Department of Economic Opportunity or its special deputies under
 2474  s. 443.141.
 2475         Section 44. Subsection (4) of section 125.9502, Florida
 2476  Statutes, is amended to read:
 2477         125.9502 Scope of ss. 125.9501-125.9506; status of
 2478  volunteers.—
 2479         (4) Persons working with a unit of county government or a
 2480  constitutional county officer pursuant to ss. 125.9501-125.9506
 2481  are considered unpaid independent volunteers and are not
 2482  entitled to reemployment assistance unemployment compensation.
 2483         Section 45. Paragraph (d) of subsection (1) and paragraph
 2484  (b) of subsection (2) of section 212.096, Florida Statutes, are
 2485  amended to read:
 2486         212.096 Sales, rental, storage, use tax; enterprise zone
 2487  jobs credit against sales tax.—
 2488         (1) For the purposes of the credit provided in this
 2489  section:
 2490         (d) “Job” means a full-time position, as consistent with
 2491  terms used by the Department of Economic Opportunity Agency for
 2492  Workforce Innovation and the United States Department of Labor
 2493  for purposes of reemployment assistance unemployment
 2494  compensation tax administration and employment estimation
 2495  resulting directly from a business operation in this state. This
 2496  term may not include a temporary construction job involved with
 2497  the construction of facilities or any job that has previously
 2498  been included in any application for tax credits under s.
 2499  220.181(1). The term also includes employment of an employee
 2500  leased from an employee leasing company licensed under chapter
 2501  468 if such employee has been continuously leased to the
 2502  employer for an average of at least 36 hours per week for more
 2503  than 6 months.
 2504  
 2505  A person shall be deemed to be employed if the person performs
 2506  duties in connection with the operations of the business on a
 2507  regular, full-time basis, provided the person is performing such
 2508  duties for an average of at least 36 hours per week each month.
 2509  The person must be performing such duties at a business site
 2510  located in the enterprise zone.
 2511         (2)
 2512         (b) The credit shall be computed as 20 percent of the
 2513  actual monthly wages paid in this state to each new employee
 2514  hired when a new job has been created, unless the business is
 2515  located within a rural enterprise zone pursuant to s. 290.004,
 2516  in which case the credit shall be 30 percent of the actual
 2517  monthly wages paid. If no less than 20 percent of the employees
 2518  of the business are residents of an enterprise zone, excluding
 2519  temporary and part-time employees, the credit shall be computed
 2520  as 30 percent of the actual monthly wages paid in this state to
 2521  each new employee hired when a new job has been created, unless
 2522  the business is located within a rural enterprise zone, in which
 2523  case the credit shall be 45 percent of the actual monthly wages
 2524  paid. If the new employee hired when a new job is created is a
 2525  participant in the welfare transition program, the following
 2526  credit shall be a percent of the actual monthly wages paid: 40
 2527  percent for $4 above the hourly federal minimum wage rate; 41
 2528  percent for $5 above the hourly federal minimum wage rate; 42
 2529  percent for $6 above the hourly federal minimum wage rate; 43
 2530  percent for $7 above the hourly federal minimum wage rate; and
 2531  44 percent for $8 above the hourly federal minimum wage rate.
 2532  For purposes of this paragraph, monthly wages shall be computed
 2533  as one-twelfth of the expected annual wages paid to such
 2534  employee. The amount paid as wages to a new employee is the
 2535  compensation paid to such employee that is subject to
 2536  reemployment assistance unemployment tax. The credit shall be
 2537  allowed for up to 24 consecutive months, beginning with the
 2538  first tax return due pursuant to s. 212.11 after approval by the
 2539  department.
 2540         Section 46. Subsection (4) of section 213.053, Florida
 2541  Statutes, is amended to read:
 2542         213.053 Confidentiality and information sharing.—
 2543         (4) The department, while providing reemployment assistance
 2544  unemployment tax collection services under contract with the
 2545  Department of Economic Opportunity through an interagency
 2546  agreement pursuant to s. 443.1316, may release reemployment
 2547  assistance unemployment tax rate information to the agent of an
 2548  employer who provides payroll services for more than 100
 2549  employers, pursuant to the terms of a memorandum of
 2550  understanding. The memorandum of understanding must state that
 2551  the agent affirms, subject to the criminal penalties contained
 2552  in ss. 443.171 and 443.1715, that the agent will retain the
 2553  confidentiality of the information, that the agent has in effect
 2554  a power of attorney from the employer which permits the agent to
 2555  obtain reemployment assistance unemployment tax rate
 2556  information, and that the agent shall provide the department
 2557  with a copy of the employer’s power of attorney upon request.
 2558         Section 47. Paragraph (a) of subsection (6) of section
 2559  216.292, Florida Statutes, is amended to read:
 2560         216.292 Appropriations nontransferable; exceptions.—
 2561         (6) The Chief Financial Officer shall transfer from any
 2562  available funds of an agency or the judicial branch the
 2563  following amounts and shall report all such transfers and the
 2564  reasons therefor to the legislative appropriations committees
 2565  and the Executive Office of the Governor:
 2566         (a) The amount due to the Unemployment Compensation Trust
 2567  Fund which is more than 90 days delinquent on reimbursements due
 2568  to the Unemployment Compensation Trust Fund. The amount
 2569  transferred shall be that certified by the state agency
 2570  providing reemployment assistance unemployment tax collection
 2571  services under contract with the Department of Economic
 2572  Opportunity through an interagency agreement pursuant to s.
 2573  443.1316.
 2574         Section 48. Paragraph (ff) of subsection (1) of section
 2575  220.03, Florida Statutes, is amended to read:
 2576         220.03 Definitions.—
 2577         (1) SPECIFIC TERMS.—When used in this code, and when not
 2578  otherwise distinctly expressed or manifestly incompatible with
 2579  the intent thereof, the following terms shall have the following
 2580  meanings:
 2581         (ff) “Job” means a full-time position, as consistent with
 2582  terms used by the Department of Economic Opportunity and the
 2583  United States Department of Labor for purposes of reemployment
 2584  assistance unemployment compensation tax administration and
 2585  employment estimation resulting directly from business
 2586  operations in this state. The term may not include a temporary
 2587  construction job involved with the construction of facilities or
 2588  any job that has previously been included in any application for
 2589  tax credits under s. 212.096. The term also includes employment
 2590  of an employee leased from an employee leasing company licensed
 2591  under chapter 468 if the employee has been continuously leased
 2592  to the employer for an average of at least 36 hours per week for
 2593  more than 6 months.
 2594         Section 49. Paragraph (b) of subsection (1) of section
 2595  220.181, Florida Statutes, is amended to read:
 2596         220.181 Enterprise zone jobs credit.—
 2597         (1)
 2598         (b) This credit applies only with respect to wages subject
 2599  to reemployment assistance unemployment tax. The credit provided
 2600  in this section does not apply:
 2601         1. For any employee who is an owner, partner, or majority
 2602  stockholder of an eligible business.
 2603         2. For any new employee who is employed for any period less
 2604  than 3 months.
 2605         Section 50. Paragraph (e) of subsection (1) of section
 2606  220.191, Florida Statutes, is amended to read:
 2607         220.191 Capital investment tax credit.—
 2608         (1) DEFINITIONS.—For purposes of this section:
 2609         (e) “Jobs” means full-time equivalent positions, as that
 2610  term is consistent with terms used by the Department of Economic
 2611  Opportunity and the United States Department of Labor for
 2612  purposes of reemployment assistance unemployment tax
 2613  administration and employment estimation, resulting directly
 2614  from a project in this state. The term does not include
 2615  temporary construction jobs involved in the construction of the
 2616  project facility.
 2617         Section 51. Paragraph (d) of subsection (3) of section
 2618  220.194, Florida Statutes, is amended to read:
 2619         220.194 Corporate income tax credits for spaceflight
 2620  projects.—
 2621         (3) DEFINITIONS.—As used in this section, the term:
 2622         (d) “New job” means the full-time employment of an employee
 2623  in a manner that is consistent with terms used by the Department
 2624  of Economic Opportunity Agency for Workforce Innovation and the
 2625  United States Department of Labor for purposes of reemployment
 2626  assistance unemployment compensation tax administration and
 2627  employment estimation. In order to meet the requirement for
 2628  certification specified in paragraph (5)(b), a new job must:
 2629         1. Pay new employees at least 115 percent of the statewide
 2630  or countywide average annual private sector wage for the 3
 2631  taxable years immediately preceding filing an application for
 2632  certification;
 2633         2. Require a new employee to perform duties on a regular
 2634  full-time basis in this state for an average of at least 36
 2635  hours per week each month for the 3 taxable years immediately
 2636  preceding filing an application for certification; and
 2637         3. Not be held by a person who has previously been included
 2638  as a new employee on an application for any credit authorized
 2639  under this section.
 2640         Section 52. Section 222.15, Florida Statutes, is amended to
 2641  read:
 2642         222.15 Wages or reemployment assistance or unemployment
 2643  compensation payments due deceased employee may be paid spouse
 2644  or certain relatives.—
 2645         (1) It is lawful for any employer, in case of the death of
 2646  an employee, to pay to the wife or husband, and in case there is
 2647  no wife or husband, then to the child or children, provided the
 2648  child or children are over the age of 18 years, and in case
 2649  there is no child or children, then to the father or mother, any
 2650  wages or travel expenses that may be due such employee at the
 2651  time of his or her death.
 2652         (2) It is also lawful for the Department of Economic
 2653  Opportunity, in case of death of any unemployed individual, to
 2654  pay to those persons referred to in subsection (1) any
 2655  reemployment assistance or unemployment compensation payments
 2656  that may be due to the individual at the time of his or her
 2657  death.
 2658         Section 53. Section 222.16, Florida Statutes, is amended to
 2659  read:
 2660         222.16 Wages or reemployment assistance or unemployment
 2661  compensation payments so paid not subject to administration.—Any
 2662  wages, travel expenses, or reemployment assistance or
 2663  unemployment compensation payments so paid under the authority
 2664  of s. 222.15 shall not be considered as assets of the estate and
 2665  subject to administration; provided, however, that the travel
 2666  expenses so exempted from administration shall not exceed the
 2667  sum of $300.
 2668         Section 54. Paragraph (m) of subsection (1) of section
 2669  255.20, Florida Statutes, is amended to read:
 2670         255.20 Local bids and contracts for public construction
 2671  works; specification of state-produced lumber.—
 2672         (1) A county, municipality, special district as defined in
 2673  chapter 189, or other political subdivision of the state seeking
 2674  to construct or improve a public building, structure, or other
 2675  public construction works must competitively award to an
 2676  appropriately licensed contractor each project that is estimated
 2677  in accordance with generally accepted cost-accounting principles
 2678  to cost more than $300,000. For electrical work, the local
 2679  government must competitively award to an appropriately licensed
 2680  contractor each project that is estimated in accordance with
 2681  generally accepted cost-accounting principles to cost more than
 2682  $75,000. As used in this section, the term “competitively award”
 2683  means to award contracts based on the submission of sealed bids,
 2684  proposals submitted in response to a request for proposal,
 2685  proposals submitted in response to a request for qualifications,
 2686  or proposals submitted for competitive negotiation. This
 2687  subsection expressly allows contracts for construction
 2688  management services, design/build contracts, continuation
 2689  contracts based on unit prices, and any other contract
 2690  arrangement with a private sector contractor permitted by any
 2691  applicable municipal or county ordinance, by district
 2692  resolution, or by state law. For purposes of this section, cost
 2693  includes the cost of all labor, except inmate labor, and the
 2694  cost of equipment and materials to be used in the construction
 2695  of the project. Subject to the provisions of subsection (3), the
 2696  county, municipality, special district, or other political
 2697  subdivision may establish, by municipal or county ordinance or
 2698  special district resolution, procedures for conducting the
 2699  bidding process.
 2700         (m) Any contractor may be considered ineligible to bid by
 2701  the governmental entity if the contractor has been found guilty
 2702  by a court of any violation of federal labor or employment tax
 2703  laws regarding subjects such as safety, tax withholding,
 2704  workers’ compensation, reemployment assistance or unemployment
 2705  tax, social security and Medicare tax, wage or hour, or
 2706  prevailing rate laws within the past 5 years.
 2707         Section 55. Subsection (5) of section 288.075, Florida
 2708  Statutes, is amended to read:
 2709         288.075 Confidentiality of records.—
 2710         (5) IDENTIFICATION, ACCOUNT, AND REGISTRATION NUMBERS.—A
 2711  federal employer identification number, reemployment assistance
 2712  unemployment compensation account number, or Florida sales tax
 2713  registration number held by an economic development agency is
 2714  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
 2715  of the State Constitution.
 2716         Section 56. Paragraph (c) of subsection (1) of section
 2717  288.1045, Florida Statutes, is amended to read:
 2718         288.1045 Qualified defense contractor and space flight
 2719  business tax refund program.—
 2720         (1) DEFINITIONS.—As used in this section:
 2721         (c) “Business unit” means an employing unit, as defined in
 2722  s. 443.036, that is registered with the department for
 2723  reemployment assistance unemployment compensation purposes or
 2724  means a subcategory or division of an employing unit that is
 2725  accepted by the department as a reporting unit.
 2726         Section 57. Paragraph (d) of subsection (2) of section
 2727  288.106, Florida Statutes, is amended to read:
 2728         288.106 Tax refund program for qualified target industry
 2729  businesses.—
 2730         (2) DEFINITIONS.—As used in this section:
 2731         (d) “Business” means an employing unit, as defined in s.
 2732  443.036, that is registered for reemployment assistance
 2733  unemployment compensation purposes with the state agency
 2734  providing reemployment assistance unemployment tax collection
 2735  services under an interagency agreement pursuant to s. 443.1316,
 2736  or a subcategory or division of an employing unit that is
 2737  accepted by the state agency providing reemployment assistance
 2738  unemployment tax collection services as a reporting unit.
 2739         Section 58. Paragraph (b) of subsection (3) of section
 2740  288.1081, Florida Statutes, is amended to read:
 2741         288.1081 Economic Gardening Business Loan Pilot Program.—
 2742         (3)
 2743         (b) A loan applicant must submit a written application to
 2744  the loan administrator in the format prescribed by the loan
 2745  administrator. The application must include:
 2746         1. The applicant’s federal employer identification number,
 2747  reemployment assistance unemployment account number, and sales
 2748  or other tax registration number.
 2749         2. The street address of the applicant’s principal place of
 2750  business in this state.
 2751         3. A description of the type of economic activity, product,
 2752  or research and development undertaken by the applicant,
 2753  including the six-digit North American Industry Classification
 2754  System code for each type of economic activity conducted by the
 2755  applicant.
 2756         4. The applicant’s annual revenue, number of employees,
 2757  number of full-time equivalent employees, and other information
 2758  necessary to verify the applicant’s eligibility for the pilot
 2759  program under s. 288.1082(4)(a).
 2760         5. The projected investment in the business, if any, which
 2761  the applicant proposes in conjunction with the loan.
 2762         6. The total investment in the business from all sources,
 2763  if any, which the applicant proposes in conjunction with the
 2764  loan.
 2765         7. The number of net new full-time equivalent jobs that, as
 2766  a result of the loan, the applicant proposes to create in this
 2767  state as of December 31 of each year and the average annual wage
 2768  of the proposed jobs.
 2769         8. The total number of full-time equivalent employees the
 2770  applicant currently employs in this state.
 2771         9. The date that the applicant anticipates it needs the
 2772  loan.
 2773         10. A detailed explanation of why the loan is needed to
 2774  assist the applicant in expanding jobs in the state.
 2775         11. A statement that all of the applicant’s available
 2776  corporate assets are pledged as collateral for the amount of the
 2777  loan.
 2778         12. A statement that the applicant, upon receiving the
 2779  loan, agrees not to seek additional long-term debt without prior
 2780  approval of the loan administrator.
 2781         13. A statement that the loan is a joint obligation of the
 2782  business and of each person who owns at least 20 percent of the
 2783  business.
 2784         14. Any additional information requested by the department
 2785  or the loan administrator.
 2786         Section 59. Paragraph (a) of subsection (3) of section
 2787  288.1089, Florida Statutes, is amended to read:
 2788         288.1089 Innovation Incentive Program.—
 2789         (3) To be eligible for consideration for an innovation
 2790  incentive award, an innovation business, a research and
 2791  development entity, or an alternative and renewable energy
 2792  company must submit a written application to the department
 2793  before making a decision to locate new operations in this state
 2794  or expand an existing operation in this state. The application
 2795  must include, but not be limited to:
 2796         (a) The applicant’s federal employer identification number,
 2797  reemployment assistance unemployment account number, and state
 2798  sales tax registration number. If such numbers are not available
 2799  at the time of application, they must be submitted to the
 2800  department in writing before the disbursement of any payments
 2801  under this section.
 2802         Section 60. Subsection (1) of section 334.30, Florida
 2803  Statutes, is amended to read:
 2804         334.30 Public-private transportation facilities.—The
 2805  Legislature finds and declares that there is a public need for
 2806  the rapid construction of safe and efficient transportation
 2807  facilities for the purpose of traveling within the state, and
 2808  that it is in the public’s interest to provide for the
 2809  construction of additional safe, convenient, and economical
 2810  transportation facilities.
 2811         (1) The department may receive or solicit proposals and,
 2812  with legislative approval as evidenced by approval of the
 2813  project in the department’s work program, enter into agreements
 2814  with private entities, or consortia thereof, for the building,
 2815  operation, ownership, or financing of transportation facilities.
 2816  The department may advance projects programmed in the adopted 5
 2817  year work program or projects increasing transportation capacity
 2818  and greater than $500 million in the 10-year Strategic
 2819  Intermodal Plan using funds provided by public-private
 2820  partnerships or private entities to be reimbursed from
 2821  department funds for the project as programmed in the adopted
 2822  work program. The department shall by rule establish an
 2823  application fee for the submission of unsolicited proposals
 2824  under this section. The fee must be sufficient to pay the costs
 2825  of evaluating the proposals. The department may engage the
 2826  services of private consultants to assist in the evaluation.
 2827  Before approval, the department must determine that the proposed
 2828  project:
 2829         (a) Is in the public’s best interest;
 2830         (b) Would not require state funds to be used unless the
 2831  project is on the State Highway System;
 2832         (c) Would have adequate safeguards in place to ensure that
 2833  no additional costs or service disruptions would be realized by
 2834  the traveling public and residents of the state in the event of
 2835  default or cancellation of the agreement by the department;
 2836         (d) Would have adequate safeguards in place to ensure that
 2837  the department or the private entity has the opportunity to add
 2838  capacity to the proposed project and other transportation
 2839  facilities serving similar origins and destinations; and
 2840         (e) Would be owned by the department upon completion or
 2841  termination of the agreement.
 2842  
 2843  The department shall ensure that all reasonable costs to the
 2844  state, related to transportation facilities that are not part of
 2845  the State Highway System, are borne by the private entity. The
 2846  department shall also ensure that all reasonable costs to the
 2847  state and substantially affected local governments and
 2848  utilities, related to the private transportation facility, are
 2849  borne by the private entity for transportation facilities that
 2850  are owned by private entities. For projects on the State Highway
 2851  System, the department may use state resources to participate in
 2852  funding and financing the project as provided for under the
 2853  department’s enabling legislation. Because the Legislature
 2854  recognizes that private entities or consortia thereof would
 2855  perform a governmental or public purpose or function when they
 2856  enter into agreements with the department to design, build,
 2857  operate, own, or finance transportation facilities, the
 2858  transportation facilities, including leasehold interests
 2859  thereof, are exempt from ad valorem taxes as provided in chapter
 2860  196 to the extent property is owned by the state or other
 2861  government entity, and from intangible taxes as provided in
 2862  chapter 199 and special assessments of the state, any city,
 2863  town, county, special district, political subdivision of the
 2864  state, or any other governmental entity. The private entities or
 2865  consortia thereof are exempt from tax imposed by chapter 201 on
 2866  all documents or obligations to pay money which arise out of the
 2867  agreements to design, build, operate, own, lease, or finance
 2868  transportation facilities. Any private entities or consortia
 2869  thereof must pay any applicable corporate taxes as provided in
 2870  chapter 220, and reemployment assistance unemployment
 2871  compensation taxes as provided in chapter 443, and sales and use
 2872  tax as provided in chapter 212 shall be applicable. The private
 2873  entities or consortia thereof must also register and collect the
 2874  tax imposed by chapter 212 on all their direct sales and leases
 2875  that are subject to tax under chapter 212. The agreement between
 2876  the private entity or consortia thereof and the department
 2877  establishing a transportation facility under this chapter
 2878  constitutes documentation sufficient to claim any exemption
 2879  under this section.
 2880         Section 61. Subsection (8) of section 408.809, Florida
 2881  Statutes, is amended to read:
 2882         408.809 Background screening; prohibited offenses.—
 2883         (8) There is no reemployment assistance unemployment
 2884  compensation or other monetary liability on the part of, and no
 2885  cause of action for damages arising against, an employer that,
 2886  upon notice of a disqualifying offense listed under chapter 435
 2887  or this section, terminates the person against whom the report
 2888  was issued, whether or not that person has filed for an
 2889  exemption with the Department of Health or the agency.
 2890         Section 62. Paragraph (e) of subsection (7) of section
 2891  409.2563, Florida Statutes, is amended to read:
 2892         409.2563 Administrative establishment of child support
 2893  obligations.—
 2894         (7) ADMINISTRATIVE SUPPORT ORDER.—
 2895         (e) An administrative support order must comply with ss.
 2896  61.13(1) and 61.30. The department shall develop a standard form
 2897  or forms for administrative support orders. An administrative
 2898  support order must provide and state findings, if applicable,
 2899  concerning:
 2900         1. The full name and date of birth of the child or
 2901  children;
 2902         2. The name of the parent from whom support is being sought
 2903  and the other parent or caregiver;
 2904         3. The parent’s duty and ability to provide support;
 2905         4. The amount of the parent’s monthly support obligation;
 2906         5. Any obligation to pay retroactive support;
 2907         6. The parent’s obligation to provide for the health care
 2908  needs of each child, whether through health insurance,
 2909  contribution toward the cost of health insurance, payment or
 2910  reimbursement of health care expenses for the child, or any
 2911  combination thereof;
 2912         7. The beginning date of any required monthly payments and
 2913  health insurance;
 2914         8. That all support payments ordered must be paid to the
 2915  Florida State Disbursement Unit as provided by s. 61.1824;
 2916         9. That the parents, or caregiver if applicable, must file
 2917  with the department when the administrative support order is
 2918  rendered, if they have not already done so, and update as
 2919  appropriate the information required pursuant to paragraph
 2920  (13)(b);
 2921         10. That both parents, or parent and caregiver if
 2922  applicable, are required to promptly notify the department of
 2923  any change in their mailing addresses pursuant to paragraph
 2924  (13)(c); and
 2925         11. That if the parent ordered to pay support receives
 2926  reemployment assistance or unemployment compensation benefits,
 2927  the payor shall withhold, and transmit to the department, 40
 2928  percent of the benefits for payment of support, not to exceed
 2929  the amount owed.
 2930  
 2931  An income deduction order as provided by s. 61.1301 must be
 2932  incorporated into the administrative support order or, if not
 2933  incorporated into the administrative support order, the
 2934  department or the Division of Administrative Hearings shall
 2935  render a separate income deduction order.
 2936         Section 63. Paragraph (a) of subsection (3), subsection
 2937  (8), and paragraph (a) of subsection (9) of section 409.2576,
 2938  Florida Statutes, are amended to read:
 2939         409.2576 State Directory of New Hires.—
 2940         (3) EMPLOYERS TO FURNISH REPORTS.—
 2941         (a) Each employer subject to the reporting requirements of
 2942  chapter 443 with 250 or more employees, shall provide to the
 2943  State Directory of New Hires, a report listing the employer’s
 2944  legal name, address, and reemployment assistance unemployment
 2945  compensation identification number. The report must also provide
 2946  the name and social security number of each new employee or
 2947  rehired employee at the end of the first pay period following
 2948  employment or reemployment.
 2949         (8) PROVIDING INFORMATION TO NATIONAL DIRECTORY.—The State
 2950  Directory of New Hires must furnish information regarding newly
 2951  hired or rehired employees to the National Directory of New
 2952  Hires for matching with the records of other state case
 2953  registries within 3 business days of entering such information
 2954  from the employer into the State Directory of New Hires. The
 2955  State Directory of New Hires shall enter into an agreement with
 2956  the Department of Economic Opportunity or its tax collection
 2957  service provider for the quarterly reporting to the National
 2958  Directory of New Hires information on wages and reemployment
 2959  assistance unemployment compensation taken from the quarterly
 2960  report to the Secretary of Labor, now required by Title III of
 2961  the Social Security Act, except that no report shall be filed
 2962  with respect to an employee of a state or local agency
 2963  performing intelligence or counterintelligence functions, if the
 2964  head of such agency has determined that filing such a report
 2965  could endanger the safety of the employee or compromise an
 2966  ongoing investigation or intelligence mission.
 2967         (9) DISCLOSURE OF INFORMATION.—
 2968         (a) New hire information shall be disclosed to the state
 2969  agency administering the following programs for the purposes of
 2970  determining eligibility under those programs:
 2971         1. Any state program funded under part A of Title IV of the
 2972  Social Security Act;
 2973         2. The Medicaid program under Title XIX of the Social
 2974  Security Act;
 2975         3. The reemployment assistance or unemployment compensation
 2976  program under s. 3304 of the Internal Revenue Code of 1954;
 2977         4. The food assistance program under the Food and Nutrition
 2978  Act of 2008; and
 2979         5. Any state program under a plan approved under Title I
 2980  (Old-Age Assistance for the Aged), Title X (Aid to the Blind),
 2981  Title XIV (Aid to the Permanently and Totally Disabled), or
 2982  Title XVI (Aid to the Aged, Blind, or Disabled; Supplemental
 2983  Security Income for the Aged, Blind, and Disabled) of the Social
 2984  Security Act.
 2985         Section 64. Paragraph (f) of subsection (1) of section
 2986  414.295, Florida Statutes, is amended to read:
 2987         414.295 Temporary cash assistance programs; public records
 2988  exemption.—
 2989         (1) Personal identifying information of a temporary cash
 2990  assistance program participant, a participant’s family, or a
 2991  participant’s family or household member, except for information
 2992  identifying a parent who does not live in the same home as the
 2993  child, held by the department, the Office of Early Learning,
 2994  Workforce Florida, Inc., the Department of Health, the
 2995  Department of Revenue, the Department of Education, or a
 2996  regional workforce board or local committee created pursuant to
 2997  s. 445.007 is confidential and exempt from s. 119.07(1) and s.
 2998  24(a), Art. I of the State Constitution. Such confidential and
 2999  exempt information may be released for purposes directly
 3000  connected with:
 3001         (f) The administration of the reemployment assistance
 3002  unemployment compensation program.
 3003         Section 65. Subsection (4) of section 435.06, Florida
 3004  Statutes, is amended to read:
 3005         435.06 Exclusion from employment.—
 3006         (4) There is no reemployment assistance unemployment
 3007  compensation or other monetary liability on the part of, and no
 3008  cause of action for damages against, an employer that, upon
 3009  notice of a conviction or arrest for a disqualifying offense
 3010  listed under this chapter, terminates the person against whom
 3011  the report was issued or who was arrested, regardless of whether
 3012  or not that person has filed for an exemption pursuant to this
 3013  chapter.
 3014         Section 66. Subsection (2) of section 440.12, Florida
 3015  Statutes, is amended to read:
 3016         440.12 Time for commencement and limits on weekly rate of
 3017  compensation.—
 3018         (2) Compensation for disability resulting from injuries
 3019  which occur after December 31, 1974, shall not be less than $20
 3020  per week. However, if the employee’s wages at the time of injury
 3021  are less than $20 per week, he or she shall receive his or her
 3022  full weekly wages. If the employee’s wages at the time of the
 3023  injury exceed $20 per week, compensation shall not exceed an
 3024  amount per week which is:
 3025         (a) Equal to 100 percent of the statewide average weekly
 3026  wage, determined as hereinafter provided for the year in which
 3027  the injury occurred; however, the increase to 100 percent from
 3028  66 2/3 percent of the statewide average weekly wage shall apply
 3029  only to injuries occurring on or after August 1, 1979; and
 3030         (b) Adjusted to the nearest dollar.
 3031  
 3032  For the purpose of this subsection, the “statewide average
 3033  weekly wage” means the average weekly wage paid by employers
 3034  subject to the Florida Reemployment Assistance Program
 3035  Unemployment Compensation Law as reported to the Department of
 3036  Economic Opportunity for the four calendar quarters ending each
 3037  June 30, which average weekly wage shall be determined by the
 3038  Department of Economic Opportunity on or before November 30 of
 3039  each year and shall be used in determining the maximum weekly
 3040  compensation rate with respect to injuries occurring in the
 3041  calendar year immediately following. The statewide average
 3042  weekly wage determined by the Department of Economic Opportunity
 3043  shall be reported annually to the Legislature.
 3044         Section 67. Paragraph (c) of subsection (9) and subsection
 3045  (10) of section 440.15, Florida Statutes, are amended to read:
 3046         440.15 Compensation for disability.—Compensation for
 3047  disability shall be paid to the employee, subject to the limits
 3048  provided in s. 440.12(2), as follows:
 3049         (9) EMPLOYEE ELIGIBLE FOR BENEFITS UNDER THIS CHAPTER AND
 3050  FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE ACT.—
 3051         (c) Disability compensation benefits payable for any week,
 3052  including those benefits provided by paragraph (1)(f), may not
 3053  be reduced pursuant to this subsection until the Social Security
 3054  Administration determines the amount otherwise payable to the
 3055  employee under 42 U.S.C. ss. 402 and 423 and the employee has
 3056  begun receiving such social security benefit payments. The
 3057  employee shall, upon demand by the department, the employer, or
 3058  the carrier, authorize the Social Security Administration to
 3059  release disability information relating to her or him and
 3060  authorize the Department of Economic Opportunity to release
 3061  reemployment assistance unemployment compensation information
 3062  relating to her or him, in accordance with rules to be adopted
 3063  by the department prescribing the procedure and manner for
 3064  requesting the authorization and for compliance by the employee.
 3065  The department or the employer or carrier may not make any
 3066  payment of benefits for total disability or those additional
 3067  benefits provided by paragraph (1)(f) for any period during
 3068  which the employee willfully fails or refuses to authorize the
 3069  release of information in the manner and within the time
 3070  prescribed by such rules. The authority for release of
 3071  disability information granted by an employee under this
 3072  paragraph is effective for a period not to exceed 12 months and
 3073  such authority may be renewed, as the department prescribes by
 3074  rule.
 3075         (10) EMPLOYEE ELIGIBLE FOR BENEFITS UNDER THIS CHAPTER WHO
 3076  HAS RECEIVED OR IS ENTITLED TO RECEIVE REEMPLOYMENT ASSISTANCE
 3077  UNEMPLOYMENT COMPENSATION.—
 3078         (a) No compensation benefits shall be payable for temporary
 3079  total disability or permanent total disability under this
 3080  chapter for any week in which the injured employee has received,
 3081  or is receiving, reemployment assistance or unemployment
 3082  compensation benefits.
 3083         (b) If an employee is entitled to temporary partial
 3084  benefits pursuant to subsection (4) and reemployment assistance
 3085  or unemployment compensation benefits, such reemployment
 3086  assistance or unemployment compensation benefits shall be
 3087  primary and the temporary partial benefits shall be supplemental
 3088  only, the sum of the two benefits not to exceed the amount of
 3089  temporary partial benefits which would otherwise be payable.
 3090         Section 68. Subsections (4) and (7) of section 440.381,
 3091  Florida Statutes, are amended to read:
 3092         440.381 Application for coverage; reporting payroll;
 3093  payroll audit procedures; penalties.—
 3094         (4) Each employer must submit a copy of the quarterly
 3095  earnings report required by chapter 443 at the end of each
 3096  quarter to the carrier and submit self-audits supported by the
 3097  quarterly earnings reports required by chapter 443 and the rules
 3098  adopted by the Department of Economic Opportunity or by the
 3099  state agency providing reemployment assistance unemployment tax
 3100  collection services under contract with the Department of
 3101  Economic Opportunity through an interagency agreement pursuant
 3102  to s. 443.1316. The reports must include a sworn statement by an
 3103  officer or principal of the employer attesting to the accuracy
 3104  of the information contained in the report.
 3105         (7) If an employee suffering a compensable injury was not
 3106  reported as earning wages on the last quarterly earnings report
 3107  filed with the Department of Economic Opportunity or the state
 3108  agency providing reemployment assistance unemployment tax
 3109  collection services under contract with the Department of
 3110  Economic Opportunity through an interagency agreement pursuant
 3111  to s. 443.1316 before the accident, the employer shall indemnify
 3112  the carrier for all workers’ compensation benefits paid to or on
 3113  behalf of the employee unless the employer establishes that the
 3114  employee was hired after the filing of the quarterly report, in
 3115  which case the employer and employee shall attest to the fact
 3116  that the employee was employed by the employer at the time of
 3117  the injury. Failure of the employer to indemnify the insurer
 3118  within 21 days after demand by the insurer is grounds for the
 3119  insurer to immediately cancel coverage. Any action for
 3120  indemnification brought by the carrier is cognizable in the
 3121  circuit court having jurisdiction where the employer or carrier
 3122  resides or transacts business. The insurer is entitled to a
 3123  reasonable attorney’s fee if it recovers any portion of the
 3124  benefits paid in the action.
 3125         Section 69. Subsection (2) of section 440.42, Florida
 3126  Statutes, is amended to read:
 3127         440.42 Insurance policies; liability.—
 3128         (2) A workers’ compensation insurance policy may require
 3129  the employer to release certain employment and wage information
 3130  maintained by the state pursuant to federal and state
 3131  reemployment assistance unemployment compensation laws except to
 3132  the extent prohibited or limited under federal law. By entering
 3133  into a workers’ compensation insurance policy with such a
 3134  provision, the employer consents to the release of the
 3135  information. The insurance carrier requiring such consent shall
 3136  safeguard the information and maintain its confidentiality. The
 3137  carrier shall limit use of the information to verifying
 3138  compliance with the terms of the workers’ compensation insurance
 3139  policy. The department may charge a fee to cover the cost of
 3140  disclosing the information.
 3141         Section 70. Paragraph (i) of subsection (1) and paragraph
 3142  (b) of subsection (9) of section 445.009, Florida Statutes, are
 3143  amended to read:
 3144         445.009 One-stop delivery system.—
 3145         (1) The one-stop delivery system is the state’s primary
 3146  customer-service strategy for offering every Floridian access,
 3147  through service sites or telephone or computer networks, to the
 3148  following services:
 3149         (i) Claim filing for reemployment assistance unemployment
 3150  compensation services.
 3151         (9)
 3152         (b) The network shall assure that a uniform method is used
 3153  to determine eligibility for and management of services provided
 3154  by agencies that conduct workforce development activities. The
 3155  Department of Management Services shall develop strategies to
 3156  allow access to the databases and information management systems
 3157  of the following systems in order to link information in those
 3158  databases with the one-stop delivery system:
 3159         1. The Reemployment Assistance Unemployment Compensation
 3160  Program under chapter 443.
 3161         2. The public employment service described in s. 443.181.
 3162         3. The FLORIDA System and the components related to
 3163  temporary cash assistance, food assistance, and Medicaid
 3164  eligibility.
 3165         4. The Student Financial Assistance System of the
 3166  Department of Education.
 3167         5. Enrollment in the public postsecondary education system.
 3168         6. Other information systems determined appropriate by
 3169  Workforce Florida, Inc.
 3170         Section 71. Subsection (6) of section 445.016, Florida
 3171  Statutes, is amended to read:
 3172         445.016 Untried Worker Placement and Employment Incentive
 3173  Act.—
 3174         (6) During an untried worker’s probationary placement, the
 3175  for-profit or not-for-profit agent shall be the employer of
 3176  record of that untried worker, and shall provide workers’
 3177  compensation and reemployment assistance unemployment
 3178  compensation coverage as provided by law. The business employing
 3179  the untried worker through the agent may be eligible to apply
 3180  for any tax credits, wage supplementation, wage subsidy, or
 3181  employer payment for that employee that are authorized in law or
 3182  by agreement with the employer. After satisfactory completion of
 3183  such a probationary period, an untried worker shall not be
 3184  considered an untried worker.
 3185         Section 72. Paragraph (c) of subsection (2) and paragraph
 3186  (a) of subsection (3) of section 446.50, Florida Statutes, are
 3187  amended to read:
 3188         446.50 Displaced homemakers; multiservice programs; report
 3189  to the Legislature; Displaced Homemaker Trust Fund created.—
 3190         (2) DEFINITION.—For the purposes of this section, the term
 3191  “displaced homemaker” means an individual who:
 3192         (c) Is not adequately employed, as defined by rule of the
 3193  Department of Economic Opportunity agency;
 3194         (3) POWERS AND DUTIES OF THE DEPARTMENT OF ECONOMIC
 3195  OPPORTUNITY.—
 3196         (a) The Department of Economic Opportunity, under plans
 3197  established by Workforce Florida, Inc., shall establish, or
 3198  contract for the establishment of, programs for displaced
 3199  homemakers which shall include:
 3200         1. Job counseling, by professionals and peers, specifically
 3201  designed for a person entering the job market after a number of
 3202  years as a homemaker.
 3203         2. Job training and placement services, including:
 3204         a. Training programs for available jobs in the public and
 3205  private sectors, taking into account the skills and job
 3206  experiences of a homemaker and developed by working with public
 3207  and private employers.
 3208         b. Assistance in locating available employment for
 3209  displaced homemakers, some of whom could be employed in existing
 3210  job training and placement programs.
 3211         c. Utilization of the services of the state employment
 3212  service in locating employment opportunities.
 3213         3. Financial management services providing information and
 3214  assistance with respect to insurance, including, but not limited
 3215  to, life, health, home, and automobile insurance, and taxes,
 3216  estate and probate problems, mortgages, loans, and other related
 3217  financial matters.
 3218         4. Educational services, including high school equivalency
 3219  degree and such other courses as the department determines would
 3220  be of interest and benefit to displaced homemakers.
 3221         5. Outreach and information services with respect to
 3222  federal and state employment, education, health, and
 3223  reemployment unemployment assistance programs that the
 3224  department determines would be of interest and benefit to
 3225  displaced homemakers.
 3226         Section 73. Paragraph (b) of subsection (4) of section
 3227  448.110, Florida Statutes, is amended to read:
 3228         448.110 State minimum wage; annual wage adjustment;
 3229  enforcement.—
 3230         (4)
 3231         (b) The Department of Revenue and the Department of
 3232  Economic Opportunity shall annually publish the amount of the
 3233  adjusted state minimum wage and the effective date. Publication
 3234  shall occur by posting the adjusted state minimum wage rate and
 3235  the effective date on the Internet home pages of the Department
 3236  of Economic Opportunity and the Department of Revenue by October
 3237  15 of each year. In addition, to the extent funded in the
 3238  General Appropriations Act, the Department of Economic
 3239  Opportunity shall provide written notice of the adjusted rate
 3240  and the effective date of the adjusted state minimum wage to all
 3241  employers registered in the most current reemployment assistance
 3242  unemployment compensation database. Such notice shall be mailed
 3243  by November 15 of each year using the addresses included in the
 3244  database. Employers are responsible for maintaining current
 3245  address information in the reemployment assistance unemployment
 3246  compensation database. The Department of Economic Opportunity is
 3247  not responsible for failure to provide notice due to incorrect
 3248  or incomplete address information in the database. The
 3249  Department of Economic Opportunity shall provide the Department
 3250  of Revenue with the adjusted state minimum wage rate information
 3251  and effective date in a timely manner.
 3252         Section 74. Paragraph (e) of subsection (2) of section
 3253  450.31, Florida Statutes, is amended to read:
 3254         450.31 Issuance, revocation, and suspension of, and refusal
 3255  to issue or renew, certificate of registration.—
 3256         (2) The department may revoke, suspend, or refuse to issue
 3257  or renew any certificate of registration when it is shown that
 3258  the farm labor contractor has:
 3259         (e) Failed to pay reemployment assistance unemployment
 3260  compensation taxes as determined by the Department of Economic
 3261  Opportunity; or
 3262         Section 75. Subsection (9) of section 450.33, Florida
 3263  Statutes, is amended to read:
 3264         450.33 Duties of farm labor contractor.—Every farm labor
 3265  contractor must:
 3266         (9) Comply with all applicable statutes, rules, and
 3267  regulations of the United States and of the State of Florida for
 3268  the protection or benefit of labor, including, but not limited
 3269  to, those providing for wages, hours, fair labor standards,
 3270  social security, workers’ compensation, reemployment assistance
 3271  or unemployment compensation, child labor, and transportation.
 3272         Section 76. Subsections (1) and (3) of section 468.529,
 3273  Florida Statutes, are amended to read:
 3274         468.529 Licensee’s insurance; employment tax; benefit
 3275  plans.—
 3276         (1) A licensed employee leasing company is the employer of
 3277  the leased employees, except that this provision is not intended
 3278  to affect the determination of any issue arising under Pub. L.
 3279  No. 93-406, the Employee Retirement Income Security Act, as
 3280  amended from time to time. An employee leasing company shall be
 3281  responsible for timely payment of reemployment assistance
 3282  unemployment taxes pursuant to chapter 443, and shall be
 3283  responsible for providing workers’ compensation coverage
 3284  pursuant to chapter 440. However, no licensed employee leasing
 3285  company shall sponsor a plan of self-insurance for health
 3286  benefits, except as may be permitted by the provisions of the
 3287  Florida Insurance Code or, if applicable, by Pub. L. No. 93-406,
 3288  the Employee Retirement Income Security Act, as amended from
 3289  time to time. For purposes of this section, a “plan of self
 3290  insurance” shall exclude any arrangement where an admitted
 3291  insurance carrier has issued a policy of insurance primarily
 3292  responsible for the obligations of the health plan.
 3293         (3) A licensed employee leasing company shall within 30
 3294  days after initiation or termination notify its workers’
 3295  compensation insurance carrier, the Division of Workers’
 3296  Compensation of the Department of Financial Services, and the
 3297  state agency providing reemployment assistance unemployment tax
 3298  collection services under contract with the Department of
 3299  Economic Opportunity through an interagency agreement pursuant
 3300  to s. 443.1316 of both the initiation or the termination of the
 3301  company’s relationship with any client company.
 3302         Section 77. Subsection (8) of section 553.791, Florida
 3303  Statutes, is amended to read:
 3304         553.791 Alternative plans review and inspection.—
 3305         (8) A private provider performing required inspections
 3306  under this section shall inspect each phase of construction as
 3307  required by the applicable codes. The private provider shall be
 3308  permitted to send a duly authorized representative to the
 3309  building site to perform the required inspections, provided all
 3310  required reports are prepared by and bear the signature of the
 3311  private provider or the private provider’s duly authorized
 3312  representative. The duly authorized representative must be an
 3313  employee of the private provider entitled to receive
 3314  reemployment assistance unemployment compensation benefits under
 3315  chapter 443. The contractor’s contractual or legal obligations
 3316  are not relieved by any action of the private provider.
 3317         Section 78. Paragraph (b) of subsection (5) of section
 3318  624.509, Florida Statutes, is amended to read:
 3319         624.509 Premium tax; rate and computation.—
 3320         (5)
 3321         (b) For purposes of this subsection:
 3322         1. The term “salaries” does not include amounts paid as
 3323  commissions.
 3324         2. The term “employees” does not include independent
 3325  contractors or any person whose duties require that the person
 3326  hold a valid license under the Florida Insurance Code, except
 3327  adjusters, managing general agents, and service representatives,
 3328  as defined in s. 626.015.
 3329         3. The term “net tax” means the tax imposed by this section
 3330  after applying the calculations and credits set forth in
 3331  subsection (4).
 3332         4. An affiliated group of corporations that created a
 3333  service company within its affiliated group on July 30, 2002,
 3334  shall allocate the salary of each service company employee
 3335  covered by contracts with affiliated group members to the
 3336  companies for which the employees perform services. The salary
 3337  allocation is based on the amount of time during the tax year
 3338  that the individual employee spends performing services or
 3339  otherwise working for each company over the total amount of time
 3340  the employee spends performing services or otherwise working for
 3341  all companies. The total amount of salary allocated to an
 3342  insurance company within the affiliated group shall be included
 3343  as that insurer’s employee salaries for purposes of this
 3344  section.
 3345         a. Except as provided in subparagraph (a)2., the term
 3346  “affiliated group of corporations” means two or more
 3347  corporations that are entirely owned by a single corporation and
 3348  that constitute an affiliated group of corporations as defined
 3349  in s. 1504(a) of the Internal Revenue Code.
 3350         b. The term “service company” means a separate corporation
 3351  within the affiliated group of corporations whose employees
 3352  provide services to affiliated group members and which are
 3353  treated as service company employees for reemployment assistance
 3354  or unemployment compensation and common law purposes. The
 3355  holding company of an affiliated group may not qualify as a
 3356  service company. An insurance company may not qualify as a
 3357  service company.
 3358         c. If an insurance company fails to substantiate, whether
 3359  by means of adequate records or otherwise, its eligibility to
 3360  claim the service company exception under this section, or its
 3361  salary allocation under this section, no credit shall be
 3362  allowed.
 3363         5. A service company that is a subsidiary of a mutual
 3364  insurance holding company, which mutual insurance holding
 3365  company was in existence on or before January 1, 2000, shall
 3366  allocate the salary of each service company employee covered by
 3367  contracts with members of the mutual insurance holding company
 3368  system to the companies for which the employees perform
 3369  services. The salary allocation is based on the ratio of the
 3370  amount of time during the tax year which the individual employee
 3371  spends performing services or otherwise working for each company
 3372  to the total amount of time the employee spends performing
 3373  services or otherwise working for all companies. The total
 3374  amount of salary allocated to an insurance company within the
 3375  mutual insurance holding company system shall be included as
 3376  that insurer’s employee salaries for purposes of this section.
 3377  However, this subparagraph does not apply for any tax year
 3378  unless funds sufficient to offset the anticipated salary credits
 3379  have been appropriated to the General Revenue Fund prior to the
 3380  due date of the final return for that year.
 3381         a. The term “mutual insurance holding company system” means
 3382  two or more corporations that are subsidiaries of a mutual
 3383  insurance holding company and in compliance with part IV of
 3384  chapter 628.
 3385         b. The term “service company” means a separate corporation
 3386  within the mutual insurance holding company system whose
 3387  employees provide services to other members of the mutual
 3388  insurance holding company system and are treated as service
 3389  company employees for reemployment assistance or unemployment
 3390  compensation and common-law purposes. The mutual insurance
 3391  holding company may not qualify as a service company.
 3392         c. If an insurance company fails to substantiate, whether
 3393  by means of adequate records or otherwise, its eligibility to
 3394  claim the service company exception under this section, or its
 3395  salary allocation under this section, no credit shall be
 3396  allowed.
 3397         Section 79. Paragraph (c) of subsection (8) of section
 3398  679.4061, Florida Statutes, is amended to read:
 3399         679.4061 Discharge of account debtor; notification of
 3400  assignment; identification and proof of assignment; restrictions
 3401  on assignment of accounts, chattel paper, payment intangibles,
 3402  and promissory notes ineffective.—
 3403         (8) This section is subject to law other than this chapter
 3404  which establishes a different rule for an account debtor who is
 3405  an individual and who incurred the obligation primarily for
 3406  personal, family, or household purposes. Subsections (4) and (6)
 3407  do not apply to the creation, attachment, perfection, or
 3408  enforcement of a security interest in:
 3409         (c) The interest of a debtor who is a natural person in
 3410  reemployment assistance or unemployment, alimony, disability,
 3411  pension, or retirement benefits or victim compensation funds.
 3412         Section 80. Paragraph (c) of subsection (6) of section
 3413  679.4081, Florida Statutes, is amended to read:
 3414         679.4081 Restrictions on assignment of promissory notes,
 3415  health-care-insurance receivables, and certain general
 3416  intangibles ineffective.—
 3417         (6) Subsections (1) and (3) do not apply to the creation,
 3418  attachment, perfection, or enforcement of a security interest
 3419  in:
 3420         (c) The interest of a debtor who is a natural person in
 3421  reemployment assistance or unemployment, alimony, disability,
 3422  pension, or retirement benefits or victim compensation funds.
 3423         Section 81. Paragraph (a) of subsection (1) of section
 3424  895.02, Florida Statutes, is amended to read:
 3425         895.02 Definitions.—As used in ss. 895.01-895.08, the term:
 3426         (1) “Racketeering activity” means to commit, to attempt to
 3427  commit, to conspire to commit, or to solicit, coerce, or
 3428  intimidate another person to commit:
 3429         (a) Any crime that is chargeable by petition, indictment,
 3430  or information under the following provisions of the Florida
 3431  Statutes:
 3432         1. Section 210.18, relating to evasion of payment of
 3433  cigarette taxes.
 3434         2. Section 316.1935, relating to fleeing or attempting to
 3435  elude a law enforcement officer and aggravated fleeing or
 3436  eluding.
 3437         3. Section 403.727(3)(b), relating to environmental
 3438  control.
 3439         4. Section 409.920 or s. 409.9201, relating to Medicaid
 3440  fraud.
 3441         5. Section 414.39, relating to public assistance fraud.
 3442         6. Section 440.105 or s. 440.106, relating to workers’
 3443  compensation.
 3444         7. Section 443.071(4), relating to creation of a fictitious
 3445  employer scheme to commit reemployment assistance unemployment
 3446  compensation fraud.
 3447         8. Section 465.0161, relating to distribution of medicinal
 3448  drugs without a permit as an Internet pharmacy.
 3449         9. Section 499.0051, relating to crimes involving
 3450  contraband and adulterated drugs.
 3451         10. Part IV of chapter 501, relating to telemarketing.
 3452         11. Chapter 517, relating to sale of securities and
 3453  investor protection.
 3454         12. Section 550.235 or s. 550.3551, relating to dogracing
 3455  and horseracing.
 3456         13. Chapter 550, relating to jai alai frontons.
 3457         14. Section 551.109, relating to slot machine gaming.
 3458         15. Chapter 552, relating to the manufacture, distribution,
 3459  and use of explosives.
 3460         16. Chapter 560, relating to money transmitters, if the
 3461  violation is punishable as a felony.
 3462         17. Chapter 562, relating to beverage law enforcement.
 3463         18. Section 624.401, relating to transacting insurance
 3464  without a certificate of authority, s. 624.437(4)(c)1., relating
 3465  to operating an unauthorized multiple-employer welfare
 3466  arrangement, or s. 626.902(1)(b), relating to representing or
 3467  aiding an unauthorized insurer.
 3468         19. Section 655.50, relating to reports of currency
 3469  transactions, when such violation is punishable as a felony.
 3470         20. Chapter 687, relating to interest and usurious
 3471  practices.
 3472         21. Section 721.08, s. 721.09, or s. 721.13, relating to
 3473  real estate timeshare plans.
 3474         22. Section 775.13(5)(b), relating to registration of
 3475  persons found to have committed any offense for the purpose of
 3476  benefiting, promoting, or furthering the interests of a criminal
 3477  gang.
 3478         23. Section 777.03, relating to commission of crimes by
 3479  accessories after the fact.
 3480         24. Chapter 782, relating to homicide.
 3481         25. Chapter 784, relating to assault and battery.
 3482         26. Chapter 787, relating to kidnapping or human
 3483  trafficking.
 3484         27. Chapter 790, relating to weapons and firearms.
 3485         28. Chapter 794, relating to sexual battery, but only if
 3486  such crime was committed with the intent to benefit, promote, or
 3487  further the interests of a criminal gang, or for the purpose of
 3488  increasing a criminal gang member’s own standing or position
 3489  within a criminal gang.
 3490         29. Section 796.03, s. 796.035, s. 796.04, s. 796.045, s.
 3491  796.05, or s. 796.07, relating to prostitution and sex
 3492  trafficking.
 3493         30. Chapter 806, relating to arson and criminal mischief.
 3494         31. Chapter 810, relating to burglary and trespass.
 3495         32. Chapter 812, relating to theft, robbery, and related
 3496  crimes.
 3497         33. Chapter 815, relating to computer-related crimes.
 3498         34. Chapter 817, relating to fraudulent practices, false
 3499  pretenses, fraud generally, and credit card crimes.
 3500         35. Chapter 825, relating to abuse, neglect, or
 3501  exploitation of an elderly person or disabled adult.
 3502         36. Section 827.071, relating to commercial sexual
 3503  exploitation of children.
 3504         37. Chapter 831, relating to forgery and counterfeiting.
 3505         38. Chapter 832, relating to issuance of worthless checks
 3506  and drafts.
 3507         39. Section 836.05, relating to extortion.
 3508         40. Chapter 837, relating to perjury.
 3509         41. Chapter 838, relating to bribery and misuse of public
 3510  office.
 3511         42. Chapter 843, relating to obstruction of justice.
 3512         43. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
 3513  s. 847.07, relating to obscene literature and profanity.
 3514         44. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
 3515  849.25, relating to gambling.
 3516         45. Chapter 874, relating to criminal gangs.
 3517         46. Chapter 893, relating to drug abuse prevention and
 3518  control.
 3519         47. Chapter 896, relating to offenses related to financial
 3520  transactions.
 3521         48. Sections 914.22 and 914.23, relating to tampering with
 3522  or harassing a witness, victim, or informant, and retaliation
 3523  against a witness, victim, or informant.
 3524         49. Sections 918.12 and 918.13, relating to tampering with
 3525  jurors and evidence.
 3526         Section 82. Paragraph (g) of subsection (8) of section
 3527  896.101, Florida Statutes, is amended to read:
 3528         896.101 Florida Money Laundering Act; definitions;
 3529  penalties; injunctions; seizure warrants; immunity.—
 3530         (8)
 3531         (g)1. Upon service of the temporary order served pursuant
 3532  to this section, the petitioner shall immediately notify by
 3533  certified mail, return receipt requested, or by personal
 3534  service, both the person or entity in possession of the monetary
 3535  instruments or funds and the owner of the monetary instruments
 3536  or funds if known, of the order entered pursuant to this section
 3537  and that the lawful owner of the monetary instruments or funds
 3538  being enjoined may request a hearing to contest and modify the
 3539  order entered pursuant to this section by petitioning the court
 3540  that issued the order, so that such notice is received within 72
 3541  hours.
 3542         2. The notice shall advise that the hearing shall be held
 3543  within 3 days of the request, and the notice must state that the
 3544  hearing will be set and noticed by the person against whom the
 3545  order is served.
 3546         3. The notice shall specifically state that the lawful
 3547  owner has the right to produce evidence of legitimate business
 3548  expenses, obligations, and liabilities, including but not
 3549  limited to, employee payroll expenses verified by current
 3550  reemployment assistance unemployment compensation records,
 3551  employee workers’ compensation insurance, employee health
 3552  insurance, state and federal taxes, and regulatory or licensing
 3553  fees only as may become due before the expiration of the
 3554  temporary order.
 3555         4. Upon determination by the court that the expenses are
 3556  valid, payment of such expenses may be effected by the owner of
 3557  the enjoined monetary instruments or funds only to the court
 3558  ordered payees through court-reviewed checks, issued by the
 3559  owner of, and the person or entity in possession of, the
 3560  enjoined monetary instruments or funds. Upon presentment, the
 3561  person or entity in possession of the enjoined funds or monetary
 3562  instruments shall only honor the payment of the check to the
 3563  court-ordered payee.
 3564         Section 83. Paragraph (a) of subsection (3) of section
 3565  921.0022, Florida Statutes, is amended to read:
 3566         921.0022 Criminal Punishment Code; offense severity ranking
 3567  chart.—
 3568         (3) OFFENSE SEVERITY RANKING CHART
 3569         (a) LEVEL 1
 3570  FloridaStatute  FelonyDegree                Description                 
 3571  24.118(3)(a)      3rd   Counterfeit or altered state lottery ticket.
 3572  212.054(2)(b)     3rd   Discretionary sales surtax; limitations, administration, and collection.
 3573  212.15(2)(b)      3rd   Failure to remit sales taxes, amount greater than $300 but less than $20,000.
 3574  316.1935(1)       3rd   Fleeing or attempting to elude law enforcement officer.
 3575  319.30(5)         3rd   Sell, exchange, give away certificate of title or identification number plate.
 3576  319.35(1)(a)      3rd   Tamper, adjust, change, etc., an odometer.  
 3577  320.26(1)(a)      3rd   Counterfeit, manufacture, or sell registration license plates or validation stickers.
 3578  322.212 (1)(a)-(c)  3rd   Possession of forged, stolen, counterfeit, or unlawfully issued driver’s license; possession of simulated identification.
 3579  322.212(4)        3rd   Supply or aid in supplying unauthorized driver’s license or identification card.
 3580  322.212(5)(a)     3rd   False application for driver’s license or identification card.
 3581  414.39(2)         3rd   Unauthorized use, possession, forgery, or alteration of food assistance program, Medicaid ID, value greater than $200.
 3582  414.39(3)(a)      3rd   Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
 3583  443.071(1)        3rd   False statement or representation to obtain or increase reemployment assistance unemployment compensation benefits.
 3584  509.151(1)        3rd   Defraud an innkeeper, food or lodging value greater than $300.
 3585  517.302(1)        3rd   Violation of the Florida Securities and Investor Protection Act.
 3586  562.27(1)         3rd   Possess still or still apparatus.           
 3587  713.69            3rd   Tenant removes property upon which lien has accrued, value more than $50.
 3588  812.014(3)(c)     3rd   Petit theft (3rd conviction); theft of any property not specified in subsection (2).
 3589  812.081(2)        3rd   Unlawfully makes or causes to be made a reproduction of a trade secret.
 3590  815.04(4)(a)      3rd   Offense against intellectual property (i.e., computer programs, data).
 3591  817.52(2)         3rd   Hiring with intent to defraud, motor vehicle services.
 3592  817.569(2)        3rd   Use of public record or public records information to facilitate commission of a felony.
 3593  826.01            3rd   Bigamy.                                     
 3594  828.122(3)        3rd   Fighting or baiting animals.                
 3595  831.04(1)         3rd   Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
 3596  831.31(1)(a)      3rd   Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
 3597  832.041(1)        3rd   Stopping payment with intent to defraud $150 or more.
 3598  832.05(2)(b) & (4)(c)  3rd   Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
 3599  838.15(2)         3rd   Commercial bribe receiving.                 
 3600  838.16            3rd   Commercial bribery.                         
 3601  843.18            3rd   Fleeing by boat to elude a law enforcement officer.
 3602  847.011(1)(a)     3rd   Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
 3603  849.01            3rd   Keeping gambling house.                     
 3604  849.09(1)(a)-(d)  3rd   Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.
 3605  849.23            3rd   Gambling-related machines; “common offender” as to property rights.
 3606  849.25(2)         3rd   Engaging in bookmaking.                     
 3607  860.08            3rd   Interfere with a railroad signal.           
 3608  860.13(1)(a)      3rd   Operate aircraft while under the influence. 
 3609  893.13(2)(a)2.    3rd   Purchase of cannabis.                       
 3610  893.13(6)(a)      3rd   Possession of cannabis (more than 20 grams).
 3611  934.03(1)(a)      3rd   Intercepts, or procures any other person to intercept, any wire or oral communication.
 3612         Section 84. Subsection (2) of section 946.513, Florida
 3613  Statutes, is amended to read:
 3614         946.513 Private employment of inmates; disposition of
 3615  compensation received.—
 3616         (2) No inmate is eligible for reemployment assistance
 3617  benefits unemployment compensation, whether employed by the
 3618  corporation or by any other private enterprise operating on the
 3619  grounds of a correctional institution or elsewhere, when such
 3620  employment is part of a correctional work program or work
 3621  release program of either the corporation or the department.
 3622         Section 85. Subsection (2) of section 946.523, Florida
 3623  Statutes, is amended to read:
 3624         946.523 Prison industry enhancement (PIE) programs.—
 3625         (2) Notwithstanding any other law to the contrary,
 3626  including s. 440.15(8), private sector employers shall provide
 3627  workers’ compensation coverage to inmates who participate in
 3628  prison industry enhancement (PIE) programs under subsection (1).
 3629  However, inmates are not entitled to reemployment assistance
 3630  benefits unemployment compensation.
 3631         Section 86. Paragraph (c) of subsection (5) of section
 3632  985.618, Florida Statutes, is amended to read:
 3633         985.618 Educational and career-related programs.—
 3634         (5)
 3635         (c) Notwithstanding any other law to the contrary,
 3636  including s. 440.15(8), private sector employers shall provide
 3637  juveniles participating in juvenile work programs under
 3638  paragraph (b) with workers’ compensation coverage, and juveniles
 3639  shall be entitled to the benefits of such coverage. Nothing in
 3640  this subsection shall be construed to allow juveniles to
 3641  participate in reemployment assistance unemployment compensation
 3642  benefits.
 3643         Section 87. Subsection (3) of section 1003.496, Florida
 3644  Statutes, is amended to read:
 3645         1003.496 High School to Business Career Enhancement
 3646  Program.—
 3647         (3) Employment under this section of a student intern who
 3648  meets the criteria of s. 443.1216(13)(q) is not employment for
 3649  purposes of reemployment assistance unemployment compensation
 3650  under chapter 443.
 3651         Section 88. Subsection (3) of section 1008.39, Florida
 3652  Statutes, is amended to read:
 3653         1008.39 Florida Education and Training Placement
 3654  Information Program.—
 3655         (3) The Florida Education and Training Placement
 3656  Information Program must not make public any information that
 3657  could identify an individual or the individual’s employer. The
 3658  Department of Education must ensure that the purpose of
 3659  obtaining placement information is to evaluate and improve
 3660  public programs or to conduct research for the purpose of
 3661  improving services to the individuals whose social security
 3662  numbers are used to identify their placement. If an agreement
 3663  assures that this purpose will be served and that privacy will
 3664  be protected, the Department of Education shall have access to
 3665  the reemployment assistance unemployment insurance wage reports
 3666  maintained by the Department of Economic Opportunity, the files
 3667  of the Department of Children and Family Services that contain
 3668  information about the distribution of public assistance, the
 3669  files of the Department of Corrections that contain records of
 3670  incarcerations, and the files of the Department of Business and
 3671  Professional Regulation that contain the results of licensure
 3672  examination.
 3673         Section 89. Paragraph (b) of subsection (1) of section
 3674  1008.41, Florida Statutes, is amended to read:
 3675         1008.41 Workforce education; management information
 3676  system.—
 3677         (1) The Commissioner of Education shall coordinate uniform
 3678  program structures, common definitions, and uniform management
 3679  information systems for workforce education for all divisions
 3680  within the department. In performing these functions, the
 3681  commissioner shall designate deadlines after which data elements
 3682  may not be changed for the coming fiscal or school year. School
 3683  districts and Florida College System institutions shall be
 3684  notified of data element changes at least 90 days prior to the
 3685  start of the subsequent fiscal or school year. Such systems must
 3686  provide for:
 3687         (b) Compliance with state and federal confidentiality
 3688  requirements, except that the department shall have access to
 3689  the reemployment assistance unemployment insurance wage reports
 3690  to collect and report placement information about former
 3691  students. Such placement reports must not disclose the
 3692  individual identities of former students.
 3693         Section 90. Notwithstanding the expiration date contained
 3694  in section 13 of chapter 2011-235, Laws of Florida, operating
 3695  retroactive to January 4, 2012, and expiring January 5, 2013,
 3696  section 443.1117, Florida Statutes, is revived, readopted, and
 3697  amended to read:
 3698         443.1117 Temporary extended benefits.—
 3699         (1) APPLICABILITY OF EXTENDED BENEFITS STATUTE.—Except if
 3700  the result is inconsistent with other provisions of this
 3701  section, s. 443.1115(2), (3), (4), (6), and (7) apply to all
 3702  claims covered by this section.
 3703         (2) DEFINITIONS.—As used in this section, the term:
 3704         (a) “Regular benefits” and “extended benefits” have the
 3705  same meaning as in s. 443.1115.
 3706         (b) “Eligibility period” means the weeks in an individual’s
 3707  benefit year or emergency benefit period which begin in an
 3708  extended benefit period and, if the benefit year or emergency
 3709  benefit period ends within that extended benefit period, any
 3710  subsequent weeks beginning in that period.
 3711         (c) “Emergency benefits” means benefits Emergency
 3712  Unemployment Compensation paid pursuant to Pub. L. No. 110-252,
 3713  and any subsequent federal law that provides for the payment of
 3714  Emergency Unemployment Compensation Pub. L. No. 110-449, Pub. L.
 3715  No. 111-5, Pub. L. No. 111-92, Pub. L. No. 111-118, Pub. L. No.
 3716  111-144, Pub. L. No. 111-157, Pub. L. No. 111-205, and Pub. L.
 3717  No. 111-312.
 3718         (d) “Extended benefit period” means a period that:
 3719         1. Begins with the third week after a week for which there
 3720  is a state “on” indicator; and
 3721         2. Ends with any of the following weeks, whichever occurs
 3722  later:
 3723         a. The third week after the first week for which there is a
 3724  state “off” indicator; or
 3725         b. The 13th consecutive week of that period.
 3726         However, an extended benefit period may not begin by reason
 3727  of a state “on” indicator before the 14th week after the end of
 3728  a prior extended benefit period that was in effect for this
 3729  state.
 3730         (e) “Emergency benefit period” means the period during
 3731  which an individual receives emergency benefits.
 3732         (f) “Exhaustee” means an individual who, for any week of
 3733  unemployment in her or his eligibility period:
 3734         1. Has received, before that week, all of the regular
 3735  benefits and emergency benefits, if any, available under this
 3736  chapter or any other law, including dependents’ allowances and
 3737  benefits payable to federal civilian employees and ex
 3738  servicemembers under 5 U.S.C. ss. 8501-8525, in the current
 3739  benefit year or emergency benefit period that includes that
 3740  week. For the purposes of this subparagraph, an individual has
 3741  received all of the regular benefits and emergency benefits, if
 3742  any, available even if, as a result of a pending appeal for
 3743  wages paid for insured work which were not considered in the
 3744  original monetary determination in the benefit year, she or he
 3745  may subsequently be determined to be entitled to added regular
 3746  benefits;
 3747         2. Had a benefit year that expired before that week, and
 3748  was paid no, or insufficient, wages for insured work on the
 3749  basis of which she or he could establish a new benefit year that
 3750  includes that week; and
 3751         3.a. Has no right to unemployment benefits or allowances
 3752  under the Railroad Unemployment Insurance Act or other federal
 3753  laws as specified in regulations issued by the United States
 3754  Secretary of Labor; and
 3755         b. Has not received and is not seeking unemployment
 3756  benefits under the unemployment compensation law of Canada; but
 3757  if an individual is seeking those benefits and the appropriate
 3758  agency finally determines that she or he is not entitled to
 3759  benefits under that law, she or he is considered an exhaustee.
 3760         (g) “State ‘on’ indicator” means, with respect to weeks of
 3761  unemployment ending on or before December 8, 2012 December 10,
 3762  2011, the occurrence of a week in which the average total
 3763  unemployment rate, seasonally adjusted, as determined by the
 3764  United States Secretary of Labor, for the most recent 3 months
 3765  for which data for all states are published by the United States
 3766  Department of Labor:
 3767         1. Equals or exceeds 110 percent of the average of those
 3768  rates for the corresponding 3-month period ending in any or all
 3769  of the preceding 3 calendar years; and
 3770         2. Equals or exceeds 6.5 percent.
 3771         (h) “High unemployment period” means, with respect to weeks
 3772  of unemployment ending on or before December 8, 2012 December
 3773  10, 2011, any week in which the average total unemployment rate,
 3774  seasonally adjusted, as determined by the United States
 3775  Secretary of Labor, for the most recent 3 months for which data
 3776  for all states are published by the United States Department of
 3777  Labor:
 3778         1. Equals or exceeds 110 percent of the average of those
 3779  rates for the corresponding 3-month period ending in any or all
 3780  of the preceding 3 calendar years; and
 3781         2. Equals or exceeds 8 percent.
 3782         (i) “State ‘off’ indicator” means the occurrence of a week
 3783  in which there is no state “on” indicator or which does not
 3784  constitute a high unemployment period.
 3785         (3) TOTAL EXTENDED BENEFIT AMOUNT.—Except as provided in
 3786  subsection (4):
 3787         (a) For any week for which there is an “on” indicator
 3788  pursuant to paragraph (2)(g), the total extended benefit amount
 3789  payable to an eligible individual for her or his applicable
 3790  benefit year is the lesser of:
 3791         1. Fifty percent of the total regular benefits payable
 3792  under this chapter in the applicable benefit year; or
 3793         2. Thirteen times the weekly benefit amount payable under
 3794  this chapter for a week of total unemployment in the applicable
 3795  benefit year.
 3796         (b) For any high unemployment period, the total extended
 3797  benefit amount payable to an eligible individual for her or his
 3798  applicable benefit year is the lesser of:
 3799         1. Eighty percent of the total regular benefits payable
 3800  under this chapter in the applicable benefit year; or
 3801         2. Twenty times the weekly benefit amount payable under
 3802  this chapter for a week of total unemployment in the applicable
 3803  benefit year.
 3804         (4) EFFECT ON TRADE READJUSTMENT.—Notwithstanding any other
 3805  provision of this chapter, if the benefit year of an individual
 3806  ends within an extended benefit period, the number of weeks of
 3807  extended benefits the individual is entitled to receive in that
 3808  extended benefit period for weeks of unemployment beginning
 3809  after the end of the benefit year, except as provided in this
 3810  section, is reduced, but not to below zero, by the number of
 3811  weeks for which the individual received, within that benefit
 3812  year, trade readjustment allowances under the Trade Act of 1974,
 3813  as amended.
 3814         Section 91. The provisions of s. 443.1117, Florida
 3815  Statutes, as revived, readopted, and amended by this act, apply
 3816  only to claims for weeks of unemployment in which an exhaustee
 3817  establishes entitlement to extended benefits pursuant to that
 3818  section which are established for the period between January 4,
 3819  2012, and January 5, 2013.
 3820         Section 92. The Department of Economic Opportunity shall
 3821  convene a work group to study Florida’s reemployment assistance
 3822  contribution calculation as specified in s. 443.131, Florida
 3823  Statutes, and other related law.
 3824         (1) The work group shall consist of 10 members as follows:
 3825         (a) The executive director of the Department of Economic
 3826  Opportunity, or his or her designee, who shall serve as the
 3827  chair of the work group.
 3828         (b) The executive director of the Department of Revenue, or
 3829  his or her designee.
 3830         (c) Four representatives of the business community, two of
 3831  whom shall represent small businesses, to be appointed by joint
 3832  agreement of the executive directors of the departments.
 3833         (d) The director of the Division of Workforce Services
 3834  within the Department of Economic Opportunity, or his or her
 3835  designee.
 3836         (e) The program director of the General Tax Administration
 3837  Program Office within the Department of Revenue, or his or her
 3838  designee.
 3839         (f) A member of the Senate designated by the President of
 3840  the Senate.
 3841         (g) A member of the House of Representatives designated by
 3842  the Speaker of the House of Representatives.
 3843         (2) The work group shall convene its first meeting by July
 3844  15, 2012. Thereafter, the chair of the work group shall call a
 3845  meeting as often as necessary to carry out the provisions of
 3846  this section. The Department of Economic Opportunity shall keep
 3847  a complete record of the proceedings of each meeting, which
 3848  includes the names of the members present at each meeting and
 3849  the actions taken. The records shall be public records pursuant
 3850  to chapter 119, Florida Statutes. A quorum shall consist of a
 3851  majority of the group members. Members of the group shall not
 3852  receive compensation.
 3853         (3) The purpose of the work group is to study Florida’s
 3854  reemployment assistance contribution calculation and provide
 3855  recommendations to the Legislature for changes to the
 3856  calculation designed to ensure the long-term solvency of the
 3857  reemployment assistance program while promoting equitable,
 3858  minimal tax burdens on Florida employers. The recommendations
 3859  shall be limited to changes to the calculation and related law
 3860  and shall not include changes to eligibility for benefits or any
 3861  other portion of the reemployment assistance program. The work
 3862  group may review the laws of other states to develop
 3863  recommendations appropriate to Florida.
 3864         (4) Relevant staff from the Department of Economic
 3865  Opportunity and the Department of Revenue who are knowledgeable
 3866  in the subject area may be assigned to assist the work group.
 3867  The President of the Senate and the Speaker of the House of
 3868  Representatives may also assign their respective staff to
 3869  provide technical guidance and assistance to the work group in
 3870  the development of alternative proposals.
 3871         (5)Members of the work group are entitled to reimbursement
 3872  for travel and per diem expenses, as provided in s. 112.061,
 3873  Florida Statutes, while performing their duties under this
 3874  section. Travel and per diem expenses of work group members and
 3875  other staff who are state employees shall be reimbursed by the
 3876  respective state agency employing the member or staff. The
 3877  Department of Economic Opportunity and the Department of Revenue
 3878  shall jointly provide administrative support for the work group,
 3879  shall pay equally for travel and per diem expenses of work group
 3880  members who are not state employees, and shall pay equally any
 3881  other operational expenses of the work group as deemed
 3882  reasonable and appropriate by joint agreement of the executive
 3883  directors of the departments.
 3884         (6) The findings and recommendations of the work group
 3885  shall be submitted to the Legislature by December 31, 2012.
 3886         (7) This section expires January 31, 2013.
 3887         Section 93. If any provision of this act or its application
 3888  to any person or circumstance is held invalid, the invalidity
 3889  does not affect other provisions or applications of the act
 3890  which can be given effect without the invalid provision or
 3891  application, and to this end the provision of the act are
 3892  severable.
 3893         Section 94. The Legislature finds that this act fulfills an
 3894  important state interest.
 3895         Section 95. There is appropriated to the Department of
 3896  Economic Opportunity from the Employment Security Administration
 3897  Trust Fund $346,463 for the 2011-2012 fiscal year and $100,884
 3898  for the 2012-2013 fiscal year, which funds shall be used to
 3899  contract with the Department of Revenue to implement the
 3900  provisions of this act. There is appropriated to the Department
 3901  of Revenue from the Federal Grants Fund $346,463 for the 2011
 3902  2012 fiscal year and $100,884 for the 2012-2013 fiscal year to
 3903  implement the provisions of this act. This section shall be
 3904  effective upon this act becoming a law.
 3905         Section 96. Except as otherwise expressly provided in this
 3906  act and except for this section, which shall take effect upon
 3907  this act becoming a law, this act shall take effect July 1,
 3908  2012.