House Bill hb0063E
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Florida House of Representatives - 2002 HB 63-E
By Representative Frankel
1 A bill to be entitled
2 An act relating to economic recovery; providing
3 legislative intent; amending s. 443.036, F.S.;
4 providing a definition and an application of an
5 alternative base period; providing requirements
6 and limitations; requiring employers to respond
7 to requests for certain information and
8 providing a penalty for failing to respond;
9 providing for adjustments in determinations of
10 monetary eligibility; amending s. 443.111,
11 F.S.; providing an increase in weekly benefit
12 amounts for a limited time period; providing
13 the total amount of benefits; providing
14 construction; providing an effective date.
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16 Be It Enacted by the Legislature of the State of Florida:
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18 Section 1. It is the intent of the Legislature to
19 establish policies designed to stimulate economic activity in
20 this state and promote the economic security of the residents
21 of this state. As a result of the federal Job Creation and
22 Worker Assistance Act of 2002, the State of Florida received
23 $447 million to enhance the payment of regular unemployment
24 insurance benefits, expand unemployment insurance benefits or
25 eligibility, and pay for other administrative needs. A
26 significant investment of state funds received through such
27 act should be used to expand unemployment insurance
28 eligibility through the implementation of an alternative base
29 period and to enhance unemployment insurance weekly benefits.
30 Section 2. Subsection (7) of section 443.036, Florida
31 Statutes, is amended to read:
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1 443.036 Definitions.--As used in this chapter, unless
2 the context clearly requires otherwise:
3 (7) BASE PERIOD.--
4 (a) "Base period" means the first four of the last
5 five completed calendar quarters immediately preceding the
6 first day of an individual's benefit year.
7 (b) With respect to a benefit year commencing on or
8 after October 1, 2002, if an individual is not monetarily
9 eligible in his or her base period to qualify for benefits,
10 the division must designate his or her base period to be the
11 alternative base period. As used in this paragraph, the term
12 "alternative base period" means the last four completed
13 calendar quarters immediately preceding the first day of an
14 individual's benefit year. Wages used in a base period to
15 establish a monetarily eligible benefit year may not be
16 applied to establish monetary eligibility in any succeeding
17 benefit year. If information regarding wages for the calendar
18 quarter or quarters immediately preceding the benefit year has
19 not been put into the division's mainframe database from the
20 regular quarterly reports of wage information or is otherwise
21 unavailable, the division shall request such information from
22 the employer. An employer must provide the requested wage
23 information within 10 days after receiving a request from the
24 division. An employer who fails to provide the requested wage
25 information within the required time is subject to the penalty
26 for delinquent reports in s. 443.141(1)(b).
27 (c) For monetary determinations based upon the
28 alternative base period under paragraph (b), if the division
29 is unable to access the wage information through the
30 division's mainframe database, the division may base the
31 determination of eligibility for benefits on an affidavit
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1 submitted by the individual with respect to wages for those
2 calendar quarters. The individual must furnish payroll
3 information, if available, in support of the affidavit. A
4 determination of benefits based upon an alternative base
5 period shall be adjusted when the quarterly report of wage
6 information from the employer is received, if that information
7 causes a change in the determination.
8 Section 3. Subsection (3) and paragraph (a) of
9 subsection (5) of section 443.111, Florida Statutes, are
10 amended to read:
11 443.111 Payment of benefits.--
12 (3) WEEKLY BENEFIT AMOUNT.--An individual's "weekly
13 benefit amount" shall be an amount equal to one twenty-sixth
14 of the total wages for insured work paid during that quarter
15 of the base period in which such total wages paid were the
16 highest, but not less than $32 or more than $275. For claims
17 with benefit years beginning October 1, 2002 January 1, 2000,
18 through December 31, 2000, an additional amount equal to $25
19 or 15 5 percent of the weekly benefit amount, whichever is
20 greater, shall be added for each the first 8 compensable week
21 weeks of benefits paid, not to exceed $316 $288. Such weekly
22 benefit amount, if not a multiple of $1, shall be rounded
23 downward to the nearest full dollar amount. The maximum weekly
24 benefit amount in effect at the time the claimant establishes
25 an individual weekly benefit amount shall be the maximum
26 benefit amount applicable throughout the claimant's benefit
27 year.
28 (5) DURATION OF BENEFITS.--
29 (a)1. Any otherwise eligible individual shall be
30 entitled during any benefit year to a total amount of benefits
31 equal to 25 percent of the total wages in the base period, not
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1 to exceed $7,150. For claims with benefit years beginning
2 October 1, 2002 January 1, 2000, through December 31, 2000, an
3 additional amount equal to $650 or 15 5 percent of the weekly
4 benefit amount multiplied by 26, whichever is greater, 8 shall
5 be added to the calculated total amount of benefits, the sum
6 of which may not exceed $8,216 $7,254. However, such total
7 amount of benefits, if not a multiple of $1, shall be rounded
8 downward to the nearest full dollar amount. Such benefits
9 shall be payable at a weekly rate no greater than the weekly
10 benefit amount.
11 2. For the purposes of this subsection, wages shall be
12 counted as "wages for insured work" for benefit purposes with
13 respect to any benefit year only if such benefit year begins
14 subsequent to the date on which the employing unit by whom
15 such wages were paid has satisfied the conditions of this
16 chapter with respect to becoming an employer.
17 Section 4. If any law amended by this act was also
18 amended by a law enacted during the 2002 Regular Session of
19 the Legislature, such laws shall be construed to have been
20 enacted during the same session of the Legislature and full
21 effect shall be given to each if possible.
22 Section 5. This act shall take effect upon becoming a
23 law.
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2 HOUSE SUMMARY
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Provides for use of an alternative base period whenever
4 an individual is not monetarily eligible in a base period
to receive unemployment compensation benefits. Provides
5 requirements and limitations. Requires employers to
respond to requests for certain information and provides
6 a penalty for failure to respond. Provides for
adjustments in determinations of monetary eligibility.
7 Provides an increase in weekly benefit amounts for a
limited time period. Provides the total amount of
8 benefits.
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