Florida Senate - 2009              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 810
       
       
       
       
       
                                Barcode 166284                          
       
       CM.CM.04681                                                     
       Proposed Committee Substitute by the Committee on Commerce
    1                        A bill to be entitled                      
    2         An act relating to unemployment compensation trust fund;
    3  amending s. 443.1217, F.S.; raising the amount of an employee’s
    4  wages subject to an employer’s contribution to the unemployment
    5  compensation trust fund with a reversion to current law after
    6  January 1, 2015; amending s. 443.131, F.S.; revising the rate
    7  and recoupment period for computing the employer contribution to
    8  the unemployment compensation trust fund with a reversion to
    9  current law for recoupment after January 1, 2015; providing the
   10  calculation for lowering an employer’s contribution to the
   11  unemployment compensation trust fund under certain circumstances
   12  beginning January 1, 2015; providing for a suspension of
   13  lowering the employer’s contribution under certain
   14  circumstances; providing a definition of taxable payroll;
   15  amending s. 443.191, F.S.; providing for advances to be credited
   16  to the unemployment compensation trust fund; providing authority
   17  to the Governor to request advances; adding reference to federal
   18  provision related to advances and that funds for advances may
   19  only be used for the payment of benefits or expenses; providing
   20  an effective date.
   21  
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Paragraph (a) of subsection (2) of section
   25  443.1217, Florida Statutes, is amended to read:
   26         443.1217 Wages.—
   27         (2) For the purpose of determining an employer’s
   28  contributions, the following wages are exempt from this chapter:
   29         (a) That part of remuneration paid to an individual by an
   30  employer for employment during a calendar year in excess of the
   31  first $8,500 $7,000 of remuneration paid to the individual by
   32  the employer or his or her predecessor during that calendar
   33  year, unless that part of the remuneration is subject to a tax,
   34  under a federal law imposing the tax, against which credit may
   35  be taken for contributions required to be paid into a state
   36  unemployment fund. As used in this section only, the term
   37  “employment” includes services constituting employment under any
   38  employment security law of another state or of the Federal
   39  Government. Beginning January 1, 2015, the part of remuneration
   40  paid to an individual by an employer for employment during a
   41  calendar year in excess of the first $7,000 is exempt from this
   42  chapter.
   43         Section 2. Paragraph (e) of subsection (3) of section
   44  443.131, Florida Statutes, is amended to read:
   45         443.131 Contributions.—
   46         (3) VARIATION OF CONTRIBUTION RATES BASED ON BENEFIT
   47  EXPERIENCE.—
   48         (e) Assignment of variations from the standard rate.—
   49         1. The tax collection service provider shall assign a
   50  variation from the standard rate of contributions for each
   51  calendar year to each eligible employer. In determining the
   52  contribution rate, varying from the standard rate to be assigned
   53  each employer, adjustment factors computed under sub
   54  subparagraphs a.-c. shall be added to the benefit ratio. This
   55  addition shall be accomplished in two steps by adding a variable
   56  adjustment factor and a final adjustment factor. The sum of
   57  these adjustment factors computed under sub-subparagraphs a.-c.
   58  shall first be algebraically summed. The sum of these adjustment
   59  factors shall next be divided by a gross benefit ratio
   60  determined as follows: Total benefit payments for the 3-year
   61  period described in subparagraph (b)2. shall be charged to
   62  employers eligible for a variation from the standard rate, minus
   63  excess payments for the same period, divided by taxable payroll
   64  entering into the computation of individual benefit ratios for
   65  the calendar year for which the contribution rate is being
   66  computed. The ratio of the sum of the adjustment factors
   67  computed under sub-subparagraphs a.-c. to the gross benefit
   68  ratio shall be multiplied by each individual benefit ratio that
   69  is less than the maximum contribution rate to obtain variable
   70  adjustment factors; except that in any instance in which the sum
   71  of an employer’s individual benefit ratio and variable
   72  adjustment factor exceeds the maximum contribution rate, the
   73  variable adjustment factor shall be reduced in order that the
   74  sum equals the maximum contribution rate. The variable
   75  adjustment factor for each of these employers is multiplied by
   76  his or her taxable payroll entering into the computation of his
   77  or her benefit ratio. The sum of these products shall be divided
   78  by the taxable payroll of the employers who entered into the
   79  computation of their benefit ratios. The resulting ratio shall
   80  be subtracted from the sum of the adjustment factors computed
   81  under sub-subparagraphs a.-c. to obtain the final adjustment
   82  factor. The variable adjustment factors and the final adjustment
   83  factor shall be computed to five decimal places and rounded to
   84  the fourth decimal place. This final adjustment factor shall be
   85  added to the variable adjustment factor and benefit ratio of
   86  each employer to obtain each employer’s contribution rate. An
   87  employer’s contribution rate may not, however, be rounded to
   88  less than 0.1 percent.
   89         a. An adjustment factor for noncharge benefits shall be
   90  computed to the fifth decimal place and rounded to the fourth
   91  decimal place by dividing the amount of noncharge benefits
   92  during the 3-year period described in subparagraph (b)2. by the
   93  taxable payroll of employers eligible for a variation from the
   94  standard rate who have a benefit ratio for the current year
   95  which is less than the maximum contribution rate. For purposes
   96  of computing this adjustment factor, the taxable payroll of
   97  these employers is the taxable payrolls for the 3 years ending
   98  June 30 of the current calendar year as reported to the tax
   99  collection service provider by September 30 of the same calendar
  100  year. As used in this sub-subparagraph, the term “noncharge
  101  benefits” means benefits paid to an individual from the
  102  Unemployment Compensation Trust Fund, but which were not charged
  103  to the employment record of any employer.
  104         b. An adjustment factor for excess payments shall be
  105  computed to the fifth decimal place, and rounded to the fourth
  106  decimal place by dividing the total excess payments during the
  107  3-year period described in subparagraph (b)2. by the taxable
  108  payroll of employers eligible for a variation from the standard
  109  rate who have a benefit ratio for the current year which is less
  110  than the maximum contribution rate. For purposes of computing
  111  this adjustment factor, the taxable payroll of these employers
  112  is the same figure used to compute the adjustment factor for
  113  noncharge benefits under sub-subparagraph a. As used in this
  114  sub-subparagraph, the term “excess payments” means the amount of
  115  benefits charged to the employment record of an employer during
  116  the 3-year period described in subparagraph (b)2., less the
  117  product of the maximum contribution rate and the employer’s
  118  taxable payroll for the 3 years ending June 30 of the current
  119  calendar year as reported to the tax collection service provider
  120  by September 30 of the same calendar year. As used in this sub
  121  subparagraph, the term “total excess payments” means the sum of
  122  the individual employer excess payments for those employers that
  123  were eligible to be considered for assignment of a contribution
  124  rate different from the standard rate.
  125         c. If the balance of the Unemployment Compensation Trust
  126  Fund on June 30 of the calendar year immediately preceding the
  127  calendar year for which the contribution rate is being computed
  128  is less than 4 3.7 percent of the taxable payrolls for the year
  129  ending June 30 as reported to the tax collection service
  130  provider by September 30 of that calendar year, a positive
  131  adjustment factor shall be computed. The positive adjustment
  132  factor shall be computed annually to the fifth decimal place and
  133  rounded to the fourth decimal place by dividing the sum of the
  134  total taxable payrolls for the year ending June 30 of the
  135  current calendar year as reported to the tax collection service
  136  provider by September 30 of that calendar year into a sum equal
  137  to one-third one-fourth of the difference between the balance of
  138  the fund as of June 30 of that calendar year and the sum of 5
  139  4.7 percent of the total taxable payrolls for that year. The
  140  positive adjustment factor remains in effect for subsequent
  141  years until the balance of the Unemployment Compensation Trust
  142  Fund as of June 30 of the year immediately preceding the
  143  effective date of the contribution rate equals or exceeds 4 3.7
  144  percent of the taxable payrolls for the year ending June 30 of
  145  the current calendar year as reported to the tax collection
  146  service provider by September 30 of that calendar year.
  147  Beginning January 1, 2015, and for each year thereafter, the
  148  positive adjustment authorized by this section shall be computed
  149  by dividing the sum of the total taxable payrolls for the year
  150  ending June 30 of the current calendar year as reported to the
  151  tax collection service provider by September 30 of that calendar
  152  year into a sum equal to one-fourth of the difference between
  153  the balance of the fund as of June 30 of that calendar year and
  154  the sum of 5 percent of the total taxable payrolls for that
  155  year. The positive adjustment factor remains in effect for
  156  subsequent years until the balance of the Unemployment
  157  Compensation Trust Fund as of June 30 of the year immediately
  158  preceding the effective date of the contribution rate equals or
  159  exceeds 4 percent of the taxable payrolls for the year ending
  160  June 30 of the current calendar year as reported to the tax
  161  collection service provider by September 30 of that calendar
  162  year.
  163         d.If beginning January 1, 2015, and each year thereafter,
  164  the balance of the Unemployment Compensation Trust Fund as of
  165  June 30 of the year immediately preceding the calendar year for
  166  which the contribution rate is being computed exceeds 5 4.7
  167  percent of the taxable payrolls for the year ending June 30 of
  168  the current calendar year as reported to the tax collection
  169  service provider by September 30 of that calendar year, a
  170  negative adjustment factor shall be computed. The negative
  171  adjustment factor shall be computed annually beginning on
  172  January 1, 2015, and each year thereafter, to the fifth decimal
  173  place and rounded to the fourth decimal place by dividing the
  174  sum of the total taxable payrolls for the year ending June 30 of
  175  the current calendar year as reported to the tax collection
  176  service provider by September 30 of the calendar year into a sum
  177  equal to one-fourth of the difference between the balance of the
  178  fund as of June 30 of the current calendar year and 5 4.7
  179  percent of the total taxable payrolls of that year. The negative
  180  adjustment factor remains in effect for subsequent years until
  181  the balance of the Unemployment Compensation Trust Fund as of
  182  June 30 of the year immediately preceding the effective date of
  183  the contribution rate is less than 5 4.7 percent, but more than
  184  4 3.7 percent of the taxable payrolls for the year ending June
  185  30 of the current calendar year as reported to the tax
  186  collection service provider by September 30 of that calendar
  187  year. The negative adjustment authorized by this section is
  188  suspended in any calendar year in which repayment of the
  189  principal amount of an advance received from the federal
  190  Unemployment Compensation Trust Fund under 42 U.S.C. s. 1321 is
  191  due to the Federal government.
  192         e.d. The maximum contribution rate that may be assigned to
  193  an employer is 5.4 percent, except employers participating in an
  194  approved short-time compensation plan may be assigned a maximum
  195  contribution rate that is 1 percent greater than the maximum
  196  contribution rate for other employers in any calendar year in
  197  which short-time compensation benefits are charged to the
  198  employer’s employment record.
  199         f.As used in this subsection, “taxable payroll” shall be
  200  determined by excluding any part of the remuneration paid to an
  201  individual by an employer for employment during a calendar year
  202  in excess of the first $7,000.
  203         2. If the transfer of an employer’s employment record to an
  204  employing unit under paragraph (f) which, before the transfer,
  205  was an employer, the tax collection service provider shall
  206  recompute a benefit ratio for the successor employer based on
  207  the combined employment records and reassign an appropriate
  208  contribution rate to the successor employer effective on the
  209  first day of the calendar quarter immediately after the
  210  effective date of the transfer.
  211         Section 3. Subsection (1), subsection (3), and subsection
  212  (5) of section 443.191, Florida Statutes, are amended to read:
  213         443.191 Unemployment Compensation Trust Fund; establishment
  214  and control.—
  215         (1) There is established, as a separate trust fund apart
  216  from all other public funds of this state, an Unemployment
  217  Compensation Trust Fund, which shall be administered by the
  218  Agency for Workforce Innovation exclusively for the purposes of
  219  this chapter. The fund shall consist of:
  220         (a) All contributions and reimbursements collected under
  221  this chapter;
  222         (b) Interest earned on any moneys in the fund;
  223         (c) Any property or securities acquired through the use of
  224  moneys belonging to the fund;
  225         (d) All earnings of these properties or securities; and
  226         (e) All money credited to this state’s account in the
  227  federal Unemployment Compensation Trust Fund under 42 U.S.C. s.
  228  1103;. and
  229         (f)Advances on the amount in the federal Unemployment
  230  Compensation Trust Fund credited to the state under 42 U.S.C. s.
  231  1321, as requested by the Governor.
  232  
  233         Except as otherwise provided in s. 443.1313(4), all moneys
  234  in the fund shall be mingled and undivided.
  235         (3) Moneys may only be requisitioned from the state’s
  236  account in the federal Unemployment Compensation Trust Fund
  237  solely for the payment of benefits and extended benefits and for
  238  payment in accordance with rules prescribed by the Agency for
  239  Workforce Innovation, except that money credited to this state’s
  240  account under 42 U.S.C. ss. 1103 and 1321 may only be used
  241  exclusively as provided in subsection (5). The Agency for
  242  Workforce Innovation, through the Chief Financial Officer, shall
  243  requisition from the federal Unemployment Compensation Trust
  244  Fund amounts, not exceeding the amounts credited to this state’s
  245  account in the fund, as necessary for the payment of benefits
  246  and extended benefits for a reasonable future period. Upon
  247  receipt of these amounts, the Chief Financial Officer shall
  248  deposit the moneys in the benefit account in the State Treasury
  249  and warrants for the payment of benefits and extended benefits
  250  shall be drawn upon the order of the Agency for Workforce
  251  Innovation against the account. All warrants for benefits and
  252  extended benefits are payable directly to the ultimate
  253  beneficiary. Expenditures of these moneys in the benefit account
  254  and refunds from the clearing account are not subject to any law
  255  requiring specific appropriations or other formal release by
  256  state officers of money in their custody. All warrants issued
  257  for the payment of benefits and refunds must bear the signature
  258  of the Chief Financial Officer. Any balance of moneys
  259  requisitioned from this state’s account in the federal
  260  Unemployment Compensation Trust Fund which remains unclaimed or
  261  unpaid in the benefit account after the period for which the
  262  moneys were requisitioned shall be deducted from estimates for,
  263  and may be used for the payment of, benefits and extended
  264  benefits during succeeding periods, or, in the discretion of the
  265  Agency for Workforce Innovation, shall be redeposited with the
  266  Secretary of the Treasury of the United States, to the credit of
  267  this state’s account in the federal Unemployment Compensation
  268  Trust Fund, as provided in subsection (2).
  269         (5) MONEY CREDITED UNDER 42 U.S.C. SS. 1103 and 1321.—
  270         (a) Money credited to this state’s account in the federal
  271  Unemployment Compensation Trust Fund by the Secretary of the
  272  Treasury of the United States under 42 U.S.C. ss. 1103 and 1321
  273  may not be requisitioned from this state’s account or used
  274  except for the payment of benefits and for the payment of
  275  expenses incurred for the administration of this chapter. These
  276  moneys may be requisitioned under subsection (3) for the payment
  277  of benefits. These moneys may also be requisitioned and used for
  278  the payment of expenses incurred for the administration of this
  279  chapter, but only under a specific appropriation by the
  280  Legislature and only if the expenses are incurred and the money
  281  is requisitioned after the enactment of an appropriations law
  282  that:
  283         1. Specifies the purposes for which the money is
  284  appropriated and the amounts appropriated;
  285         2. Limits the period within which the money may be
  286  obligated to a period ending not more than 2 years after the
  287  date of the enactment of the appropriations law; and
  288         3. Limits the amount that may be obligated during any 12
  289  month period beginning on July 1 and ending on the next June 30
  290  to an amount that does not exceed the amount by which the
  291  aggregate of the amounts credited to the state’s account under
  292  42 U.S.C. s. 1103 during the same 12-month period and the 34
  293  preceding 12-month periods exceeds the aggregate of the amounts
  294  obligated for administration and paid out for benefits and
  295  charged against the amounts credited to the state’s account
  296  during those 35 12-month periods.
  297         (b) Amounts credited to this state’s account in the federal
  298  Unemployment Compensation Trust Fund under 42 U.S.C. s. 1103
  299  which are obligated for administration or paid out for benefits
  300  shall be charged against equivalent amounts that were first
  301  credited and that are not already charged, except that an amount
  302  obligated for administration during a 12-month period specified
  303  in this section may not be charged against any amount credited
  304  during that 12-month period earlier than the 34th 12-month
  305  period preceding that period. Any amount credited to the state’s
  306  account under 42 U.S.C. s. 1103 which is appropriated for
  307  expenses of administration, regardless of whether this amount is
  308  withdrawn from the Unemployment Compensation Trust Fund, shall
  309  be excluded from the Unemployment Compensation Trust Fund
  310  balance for the purposes of s. 443.131(3).
  311         (c) Money appropriated as provided in this section for the
  312  payment of expenses of administration may only be requisitioned
  313  as needed for the payment of obligations incurred under the
  314  appropriation and, upon requisition, must be deposited in the
  315  Employment Security Administration Trust Fund from which the
  316  payments are made. Money deposited, until expended, remains a
  317  part of the Unemployment Compensation Trust Fund and, if not
  318  expended, the money must be returned promptly to the state’s
  319  account in the federal Unemployment Compensation Trust Fund.
  320         Section 4. This act shall take effect upon becoming law.
  321