| 1 | Representative Rader offered the following: |
| 2 |
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| 3 | Amendment to Amendment (457933) (with title amendment) |
| 4 | Remove lines 68-192 and insert: |
| 5 | Section 2. Effective July 5, 2009, and expiring December |
| 6 | 26, 2009, section 443.1117, Florida Statutes, is created to |
| 7 | read: |
| 8 | 443.1117 Temporary extended benefits.-- |
| 9 | (1) PERIOD OF APPLICABILITY.--The provisions of this |
| 10 | section apply only to claims in which entitlement to extended |
| 11 | benefits pursuant to this section are established for the weeks |
| 12 | between July 5, 2009, and December 26, 2009. |
| 13 | (2) APPLICABILITY OF EXTENDED BENEFITS STATUTE.--Except |
| 14 | when the result is inconsistent with the other provisions of |
| 15 | this section, the provisions of s. 443.1115(3), (4), (6), and |
| 16 | (7) apply to all claims covered by this section. |
| 17 | (3) DEFINITIONS.--For the purposes of this section: |
| 18 | (a) The terms "Extended benefit period," "regular |
| 19 | benefits," and "extended benefits" have the same meanings as in |
| 20 | s. 443.1115, respectively. |
| 21 | (b) "Eligibility period" means the period consisting of |
| 22 | the weeks in an individual's benefit year or emergency benefit |
| 23 | period which begin in an extended benefit period and, if the |
| 24 | benefit year or emergency benefit period ends within that |
| 25 | extended benefit period, any subsequent weeks beginning in that |
| 26 | period. |
| 27 | (c) "Emergency benefits" means Emergency Unemployment |
| 28 | Compensation paid pursuant to Pub. L. No. 110-252, Pub. L. No. |
| 29 | 110-449, and Pub. L. No. 111-5. |
| 30 | (d) "Emergency benefit period" means the period during |
| 31 | which an individual receives emergency benefits as defined in |
| 32 | paragraph (c). |
| 33 | (e) "Exhaustee" means an individual who, for any week of |
| 34 | unemployment in her or his eligibility period: |
| 35 | 1. Has received, before that week, all of the regular |
| 36 | benefits and emergency benefits, if any, available under this |
| 37 | chapter or any other law, including dependents' allowances and |
| 38 | benefits payable to federal civilian employees and ex- |
| 39 | servicemembers under 5 U.S.C. ss. 8501-8525, in the current |
| 40 | benefit year or emergency benefit period that includes that |
| 41 | week. For the purposes of this subparagraph, an individual has |
| 42 | received all of the regular benefits and emergency benefits, if |
| 43 | any, available although, as a result of a pending appeal for |
| 44 | wages paid for insured work which were not considered in the |
| 45 | original monetary determination in the benefit year, she or he |
| 46 | may subsequently be determined to be entitled to added regular |
| 47 | benefits; |
| 48 | 2. Had a benefit year which expired before that week, and |
| 49 | was paid no, or insufficient, wages for insured work on the |
| 50 | basis of which she or he could establish a new benefit year that |
| 51 | includes that week; and |
| 52 | 3.a. Has no right to unemployment benefits or allowances |
| 53 | under the Railroad Unemployment Insurance Act or other federal |
| 54 | laws as specified in regulations issued by the United States |
| 55 | Secretary of Labor; and |
| 56 | b. Has not received and is not seeking unemployment |
| 57 | benefits under the unemployment compensation law of Canada; but |
| 58 | if an individual is seeking those benefits and the appropriate |
| 59 | agency finally determines that she or he is not entitled to |
| 60 | benefits under that law, she or he is considered an exhaustee. |
| 61 | (f) "State 'on' indicator" means the occurrence of a week |
| 62 | in which the average total unemployment rate under state law, |
| 63 | seasonally adjusted, as determined by the United States |
| 64 | Secretary of Labor, for the period consisting of that week and |
| 65 | the 12 weeks immediately preceding it: |
| 66 | 1. Equals or exceeds 110 percent of the average of those |
| 67 | rates for the corresponding 13-week period ending in each of the |
| 68 | preceding 2 calendar years; and |
| 69 | 2. Equals or exceeds 6.5 percent. |
| 70 | (g) "High unemployment period" means any week in which the |
| 71 | average total unemployment rate under state law, seasonally |
| 72 | adjusted, as determined by the United States Secretary of Labor, |
| 73 | for the period consisting of that week and the 12 weeks |
| 74 | immediately preceding it: |
| 75 | 1. Equals or exceeds 110 percent of the average of those |
| 76 | rates for the corresponding 13-week period ending in each of the |
| 77 | preceding 2 calendar years; and |
| 78 | 2. Equals or exceeds 8 percent. |
| 79 | (h) "State 'off' indicator" means the occurrence of a week |
| 80 | in which there is no state "on" indicator or which does not |
| 81 | constitute a high unemployment period. |
| 82 | (4) TOTAL EXTENDED BENEFIT AMOUNT.--Except as provided in |
| 83 | subsection (5): |
| 84 | (a) For any week for which there is an "on" indicator |
| 85 | pursuant to paragraph (3)(f), the total extended benefit amount |
| 86 | payable to an eligible individual for her or his applicable |
| 87 | benefit year is the lesser of: |
| 88 | 1. Fifty percent of the total regular benefits payable |
| 89 | under this chapter in the applicable benefit year; or |
| 90 | 2. Thirteen times the weekly benefit amount payable under |
| 91 | this chapter for a week of total unemployment in the applicable |
| 92 | benefit year. |
| 93 | (b) For any high unemployment period as defined in |
| 94 | paragraph (3)(g), the total extended benefit amount payable to |
| 95 | an eligible individual for her or his applicable benefit year is |
| 96 | the lesser of: |
| 97 | 1. Eighty percent of the total regular benefits payable |
| 98 | under this chapter in the applicable benefit year; or |
| 99 | 2. Twenty times the weekly benefit amount payable under |
| 100 | this chapter for a week of total unemployment in the applicable |
| 101 | benefit year. |
| 102 | (c) In the case of any individual who receives extended |
| 103 | compensation with respect to one or more weeks of unemployment |
| 104 | beginning after July 5, 2009, and before December 26, 2009, the |
| 105 | individual shall continue to receive any benefits to which she |
| 106 | or he is entitled under this section, except that the individual |
| 107 | may not receive any benefits for any week ending after May 29, |
| 108 | 2010. |
| 109 | (5) Notwithstanding any other provision of this chapter, |
| 110 | if the benefit year of an individual ends within an extended |
| 111 | benefit period, the number of weeks of extended benefits the |
| 112 | individual is entitled to receive in that extended benefit |
| 113 | period for weeks of unemployment beginning after the end of the |
| 114 | benefit year, except as provided in this section, is reduced, |
| 115 | but not to below zero, by the number of weeks for which the |
| 116 | individual received, within that benefit year, trade |
| 117 | readjustment allowances under the Trade Act of 1974, as amended. |
| 118 |
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| 119 | ----------------------------------------------------- |
| 120 | T I T L E A M E N D M E N T |
| 121 | Remove lines 453-457 and insert: |
| 122 | benefits under certain conditions; creating s. 443.1117, F.S.; |
| 123 | establishing temporary state extended benefits for claims |
| 124 | between July 5, 2009, and December 26, 2009; providing |
| 125 | definitions; providing for state extended benefits for certain |
| 126 | weeks and for periods of high unemployment; amending s. |
| 127 | 443.1217, F.S.; |