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| 1 | A bill to be entitled | ||
| 2 | An act relating to unemployment compensation; amending s. | ||
| 3 | 443.036, F.S.; providing a definition and an application | ||
| 4 | of an alternative base period; providing requirements and | ||
| 5 | limitations; providing an effective date. | ||
| 6 | |||
| 7 | Be It Enacted by the Legislature of the State of Florida: | ||
| 8 | |||
| 9 | Section 1. Subsection (7) of section 443.036, Florida | ||
| 10 | Statutes, is amended to read: | ||
| 11 | 443.036 Definitions.--As used in this chapter, the term: | ||
| 12 | (7)(a)"Base period" means the first four of the last five | ||
| 13 | completed calendar quarters immediately preceding the first day | ||
| 14 | of an individual's benefit year. | ||
| 15 | (b) With respect to a benefit year commencing after | ||
| 16 | October 1, 2004, if an individual is not monetarily eligible in | ||
| 17 | his or her base period to qualify for benefits, the Agency for | ||
| 18 | Workforce Innovation must designate his or her base period to be | ||
| 19 | the alternative base period. As used in this paragraph, the term | ||
| 20 | "alternative base period" means the last four completed calendar | ||
| 21 | quarters immediately preceding the individual's benefit year. | ||
| 22 | Wages used in a base period to establish a monetarily eligible | ||
| 23 | benefit year may not be applied to establish monetary | ||
| 24 | eligibility in any succeeding benefit year. If information | ||
| 25 | regarding wages for the calendar quarter or quarters immediately | ||
| 26 | preceding the benefit year has not been input into the agency's | ||
| 27 | database, the agency shall request such information from the | ||
| 28 | employer. An employer must respond to the wage request within 10 | ||
| 29 | days after receiving a request from the agency. If the employer | ||
| 30 | fails to provide the requested wage information within the | ||
| 31 | required time, the employer is subject to the penalty for | ||
| 32 | delinquent reports provided in s. 443.141(1)(b). | ||
| 33 | (c) For monetary determinations based upon the alternative | ||
| 34 | base period under paragraph (b), if the agency is unable to | ||
| 35 | access the wage information through its database, the agency may | ||
| 36 | base the determination of eligibility for benefits on an | ||
| 37 | affidavit submitted by the individual with respect to wages for | ||
| 38 | those calendar quarters. The individual must furnish payroll | ||
| 39 | information, if available, in support of the affidavit. A | ||
| 40 | determination of benefits based upon an alternative base period | ||
| 41 | shall be adjusted when the quarterly report of wage information | ||
| 42 | from the employer is received, if that information causes a | ||
| 43 | change in the determination. | ||
| 44 | Section 2. This act shall take effect July 1, 2004. | ||