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



                                                  SENATE AMENDMENT

    Bill No. CS for SB 2302

    Amendment No. ___   Barcode 153974

                            CHAMBER ACTION
              Senate                               House
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11  Senator Pruitt moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 117, line 1,

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16  insert:

17         Section 51.  Subsection (1) and paragraph (e) of

18  subsection (3) of section 443.131, Florida Statutes, are

19  amended to read:

20         443.131  Contributions.--

21         (1)  WHEN PAYABLE.--Contributions shall accrue and

22  become payable by each employer for each calendar quarter in

23  which he or she is subject to this chapter, with respect to

24  wages paid during such calendar quarter for employment.  Such

25  contributions shall become due and be paid by each employer to

26  the Agency for Workforce Innovation or its designee division

27  for the fund, in accordance with such rules as the Agency for

28  Workforce Innovation or its designee division may prescribe.

29  However, nothing in this subsection shall be construed to

30  prohibit the Agency for Workforce Innovation or its designee

31  division from allowing, on a limited basis, at the request of

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2302

    Amendment No. ___   Barcode 153974





  1  the employer, certain employers of employees performing

  2  domestic services, as defined in s. 443.036(21)(g) and by rule

  3  of the division, to pay contributions or report wages at

  4  intervals other than quarterly when such payment or reporting

  5  is to the advantage of the Agency for Workforce Innovation or

  6  its designee division and the employers, and when such

  7  nonquarterly payment and reporting is authorized under federal

  8  law.  This provision gives employers of employees performing

  9  domestic services the option to elect to report wages and pay

10  taxes annually, with a due date of January April 1 and a

11  delinquency date of February 1 April 30. In order to qualify

12  for this election, the employer must employ have only

13  employees who perform domestic services employees, be eligible

14  for a variation from the standard rate as computed pursuant to

15  subsection (3) in good standing, apply to this program no

16  later than December 1 30 of the preceding calendar year, and

17  agree to provide the Agency for Workforce Innovation or its

18  designee division with any special reports which might be

19  requested, as required by rule 60BB-2.025(5) 38B-2.025(5),

20  including copies of all federal employment tax forms. Failure

21  to timely furnish any wage information when required by the

22  Agency for Workforce Innovation or its designee shall may

23  result in the employer's loss of the privilege to elect

24  participation in this program, effective the calendar quarter

25  immediately following the calendar quarter in which such

26  failure occurred. The employer is eligible to reapply for

27  annual reporting after 1 complete calendar year has elapsed

28  since the employer's disqualification if the employer timely

29  furnished any requested wage information during the period in

30  which annual reporting was denied. Contributions shall not be

31  deducted, in whole or in part, from the wages of individuals

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2302

    Amendment No. ___   Barcode 153974





  1  in such employer's employ. In the payment of any

  2  contributions, a fractional part of a cent shall be

  3  disregarded unless it amounts to one-half cent or more, in

  4  which case it shall be increased to 1 cent.

  5         (3)  CONTRIBUTION RATES BASED ON BENEFIT EXPERIENCE.--

  6         (e)1.  Variations from the standard rate of

  7  contributions shall be assigned with respect to each calendar

  8  year to employers eligible therefor. In determining the

  9  contribution rate, varying from the standard rate to be

10  assigned each employer, adjustment factors provided for in

11  sub-subparagraphs a.-c. will be added to the benefit ratio.

12  This addition will be accomplished in two steps by adding a

13  variable adjustment factor and a final adjustment factor as

14  defined below. The sum of these adjustment factors provided

15  for in sub-subparagraphs a.-c. will first be algebraically

16  summed. The sum of these adjustment factors will then be

17  divided by a gross benefit ratio to be determined as follows:

18  Total benefit payments for the previous 3 years, as defined in

19  subparagraph (b)1., charged to employers eligible to be

20  assigned a contribution rate different from the standard rate

21  minus excess payments for the same period divided by taxable

22  payroll entering into the computation of individual benefit

23  ratios for the calendar year for which the contribution rate

24  is being computed. The ratio of the sum of the adjustment

25  factors provided for in sub-subparagraphs a.-c. to the gross

26  benefit ratio will be multiplied by each individual benefit

27  ratio below the maximum tax rate to obtain variable adjustment

28  factors; except that in any instance in which the sum of an

29  employer's individual benefit ratio and variable adjustment

30  factor exceeds the maximum tax rate, the variable adjustment

31  factor will be reduced so that the sum equals the maximum tax

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2302

    Amendment No. ___   Barcode 153974





  1  rate. The variable adjustment factor of each such employer

  2  will be multiplied by his or her taxable payroll entering into

  3  the computation of his or her benefit ratio. The sum of these

  4  products will be divided by the taxable payroll of such

  5  employers that entered into the computation of their benefit

  6  ratios. The resulting ratio will be subtracted from the sum of

  7  the adjustment factors provided for in sub-subparagraphs a.-c.

  8  to obtain the final adjustment factor. The variable adjustment

  9  factors and the final adjustment factor will be computed to

10  five decimal places and rounded to the fourth decimal place.

11  This final adjustment factor will be added to the variable

12  adjustment factor and benefit ratio of each employer to obtain

13  each employer's contribution rate; however, at no time shall

14  an employer's contribution rate be rounded to less than 0.1

15  percent.

16         a.  An adjustment factor for noncharge benefits will be

17  computed to the fifth decimal place, and rounded to the fourth

18  decimal place, by dividing the amount of benefit payments

19  noncharged in the 3 preceding years as defined in subparagraph

20  (b)1. by the taxable payroll of employers eligible to be

21  considered for assignment of a contribution rate different

22  from the standard rate that have a benefit ratio for the

23  current year less than the maximum contribution rate. The

24  taxable payroll of such employers will be the taxable payrolls

25  for the 3 years ending June 30 of the current calendar year

26  that had been reported to the division by September 30 of the

27  same calendar year. Noncharge benefits for the purpose of this

28  section shall be defined as benefit payments to an individual

29  which were paid from the Unemployment Compensation Trust Fund

30  but which were not charged to the unemployment record of any

31  employer.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2302

    Amendment No. ___   Barcode 153974





  1         b.  An excess payments adjustment factor will be

  2  computed to the fifth decimal place, and rounded to the fourth

  3  decimal place, by dividing the total excess payments during

  4  the 3 preceding years as defined in subparagraph (b)1. by the

  5  taxable payroll of employers eligible to be considered for

  6  assignment of a contribution rate different from the standard

  7  rate that have a benefit ratio for the current year less than

  8  the maximum contribution rate. The taxable payroll of such

  9  employers will be the same as used in computing the noncharge

10  adjustment factor as described in sub-subparagraph a. The term

11  "excess payments" for the purpose of this section is defined

12  as the amount of benefit payments charged to the employment

13  record of an employer during the 3 preceding years, as defined

14  in subparagraph (b)1., less the product of the maximum

15  contribution rate and his or her taxable payroll for the 3

16  years ending June 30 of the current calendar year that had

17  been reported to the division by September 30 of the same

18  calendar year. The term "total excess payments" is defined as

19  the sum of the individual employer excess payments for those

20  employers that were eligible to be considered for assignment

21  of a contribution rate different from the standard rate.

22         c.  If the balance in the Unemployment Compensation

23  Trust Fund as of June 30 of the calendar year immediately

24  preceding the calendar year for which the contribution rate is

25  being computed is less than 3.7 4 percent of the taxable

26  payrolls for the year ending June 30 as reported to the

27  division by September 30 of that calendar year, a positive

28  adjustment factor will be computed. Such adjustment factor

29  shall be computed annually to the fifth decimal place, and

30  rounded to the fourth decimal place, by dividing the sum of

31  the total taxable payrolls for the year ending June 30 of the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2302

    Amendment No. ___   Barcode 153974





  1  current calendar year as reported to the division by September

  2  30 of such calendar year into a sum equal to one-fourth of the

  3  difference between the amount in the fund as of June 30 of

  4  such calendar year and the sum of 4.7 5 percent of the total

  5  taxable payrolls for that year. Such adjustment factor will

  6  remain in effect in subsequent years until a balance in the

  7  Unemployment Compensation Trust Fund as of June 30 of the year

  8  immediately preceding the effective date of such contribution

  9  rate equals or exceeds 3.7 4 percent of the taxable payrolls

10  for the year ending June 30 of the current calendar year as

11  reported to the division by September 30 of that calendar

12  year. If the balance in the Unemployment Compensation Trust

13  Fund as of June 30 of the year immediately preceding the

14  calendar year for which the contribution rate is being

15  computed exceeds 4.7 5 percent of the taxable payrolls for the

16  year ending June 30 of the current calendar year as reported

17  to the division by September 30 of that calendar year, a

18  negative adjustment factor will be computed. Such adjustment

19  factor shall be computed annually to the fifth decimal place,

20  and rounded to the fourth decimal place, by dividing the sum

21  of the total taxable payrolls for the year ending June 30 of

22  the current calendar year as reported to the division by

23  September 30 of such calendar year into a sum equal to

24  one-fourth of the difference between the amount in the fund as

25  of June 30 of the current calendar year and 4.7 5 percent of

26  the total taxable payrolls of such year. Such adjustment

27  factor will remain in effect in subsequent years until the

28  balance in the Unemployment Compensation Trust Fund as of June

29  30 of the year immediately preceding the effective date of

30  such contribution rate is less than 4.7 5 percent but more

31  than 3.7 4 percent of the taxable payrolls for the year ending

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2302

    Amendment No. ___   Barcode 153974





  1  June 30 of the current calendar year as reported to the

  2  division by September 30 of that calendar year.

  3         d.  The maximum contribution rate that can be assigned

  4  to any employer shall be 5.4 percent, except those employers

  5  participating in an approved short-time compensation plan in

  6  which case the maximum shall be 1 percent above the current

  7  maximum contribution rate, with respect to any calendar year

  8  in which short-time compensation benefits are in the

  9  employer's employment record.

10         2.  In the event of the transfer of employment records

11  to an employing unit pursuant to paragraph (g) which, prior to

12  such transfer, was an employer, the division shall recompute a

13  benefit ratio for the successor employer on the basis of the

14  combined employment records and reassign an appropriate

15  contribution rate to such successor employer as of the

16  beginning of the calendar quarter immediately following the

17  effective date of such transfer of employment records.

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19  (Redesignate subsequent sections.)

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21

22  ================ T I T L E   A M E N D M E N T ===============

23  And the title is amended as follows:

24         On page 5, line 20, after the semicolon

25

26  insert:

27         amending s. 443.131, F.S.; providing for

28         payment of employer contributions to the Agency

29         for Workforce Innovation instead of the

30         Division of Unemployment Compensation of the

31         Department of Labor and Employment Security;

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2302

    Amendment No. ___   Barcode 153974





  1         revising procedures and requirements for such

  2         payments by employers of employees providing

  3         domestic services; reducing trust fund balance

  4         thresholds used in computing contribution rate

  5         adjustment factors;

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