| 1 | A bill to be entitled |
| 2 | An act relating to unemployment compensation; amending s. |
| 3 | 443.036, F.S.; conforming a cross-reference; defining the |
| 4 | terms "community service" and "reemployment services"; |
| 5 | amending s. 443.091, F.S.; providing that an unemployed |
| 6 | individual is eligible to receive benefits if she or he |
| 7 | participates in a community service program administered |
| 8 | by a one-stop career center; amending ss. 443.1216, |
| 9 | 443.131, and 443.151, F.S.; conforming cross-references; |
| 10 | providing an effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Present subsection (9) and present subsections |
| 15 | (13) through (36) of section 443.036, Florida Statutes, are |
| 16 | renumbered as subsections (14) through (37), respectively, |
| 17 | present subsections (37) through (45) of that subsection are |
| 18 | renumbered as subsections (39) through (47), respectively, and |
| 19 | amended, and new subsections (13) and (38) are added to that |
| 20 | section, to read: |
| 21 | 443.036 Definitions.-As used in this chapter, the term: |
| 22 | (9) "Benefit year" means, for an individual, the 1-year |
| 23 | period beginning with the first day of the first week for which |
| 24 | the individual first files a valid claim for benefits and, |
| 25 | thereafter, the 1-year period beginning with the first day of |
| 26 | the first week for which the individual next files a valid claim |
| 27 | for benefits after the termination of his or her last preceding |
| 28 | benefit year. Each claim for benefits made in accordance with s. |
| 29 | 443.151(2) is a valid claim under this subsection if the |
| 30 | individual was paid wages for insured work in accordance with s. |
| 31 | 443.091(1)(h) s. 443.091(1)(g) and is unemployed as defined in |
| 32 | subsection (43) at the time of filing the claim. However, the |
| 33 | Agency for Workforce Innovation may adopt rules providing for |
| 34 | the establishment of a uniform benefit year for all workers in |
| 35 | one or more groups or classes of service or within a particular |
| 36 | industry if the agency determines, after notice to the industry |
| 37 | and to the workers in the industry and an opportunity to be |
| 38 | heard in the matter, that those groups or classes of workers in |
| 39 | a particular industry periodically experience unemployment |
| 40 | resulting from layoffs or shutdowns for limited periods of time. |
| 41 | (13) "Community service" means any program operated by a |
| 42 | one-stop career center in which unemployed persons are required |
| 43 | to perform volunteer services for private nonprofit or public |
| 44 | entities. |
| 45 | (14)(13) "Contributing employer" means an employer who is |
| 46 | liable for contributions under this chapter. |
| 47 | (15)(14) "Contribution" means a payment of payroll tax to |
| 48 | the Unemployment Compensation Trust Fund which is required under |
| 49 | this chapter to finance unemployment benefits. |
| 50 | (16)(15) "Crew leader" means an individual who: |
| 51 | (a) Furnishes individuals to perform service in |
| 52 | agricultural labor for another person. |
| 53 | (b) Pays, either on his or her own behalf or on behalf of |
| 54 | the other person, the individuals furnished by him or her for |
| 55 | the service in agricultural labor performed by those |
| 56 | individuals. |
| 57 | (c) Has not entered into a written agreement with the |
| 58 | other person under which the individual is designated as an |
| 59 | employee of the other person. |
| 60 | (17)(16) "Earned income" means gross remuneration derived |
| 61 | from work, professional service, or self-employment. The term |
| 62 | includes commissions, bonuses, back pay awards, and the cash |
| 63 | value of all remuneration paid in a medium other than cash. The |
| 64 | term does not include income derived from invested capital or |
| 65 | ownership of property. |
| 66 | (18)(17) "Educational institution" means an institution, |
| 67 | except for an institution of higher education: |
| 68 | (a) In which participants, trainees, or students are |
| 69 | offered an organized course of study or training designed to |
| 70 | transfer to them knowledge, skills, information, doctrines, |
| 71 | attitudes, or abilities from, by, or under the guidance of, an |
| 72 | instructor or teacher; |
| 73 | (b) Which That is approved, licensed, or issued a permit |
| 74 | to operate as a school by the Department of Education or other |
| 75 | governmental agency that is authorized within the state to |
| 76 | approve, license, or issue a permit for the operation of a |
| 77 | school; and |
| 78 | (c) Which That offers courses of study or training which |
| 79 | are academic, technical, trade, or preparation for gainful |
| 80 | employment in a recognized occupation. |
| 81 | (19)(18) "Employee leasing company" means an employing |
| 82 | unit that has a valid and active license under chapter 468, and |
| 83 | that maintains the records required by s. 443.171(5), and |
| 84 | produces, in addition, is responsible for producing quarterly |
| 85 | reports concerning the clients and the internal staff of the |
| 86 | employee leasing company and the internal staff of the employee |
| 87 | leasing company. As used in this subsection, the term "client" |
| 88 | means a party who has contracted with an employee leasing |
| 89 | company that provides to provide a worker, or workers, to |
| 90 | perform services for the client. Leased employees include |
| 91 | employees subsequently placed on the payroll of the employee |
| 92 | leasing company on behalf of the client. An employee leasing |
| 93 | company must notify the tax collection service provider within |
| 94 | 30 days after the initiation or termination of the company's |
| 95 | relationship with a any client company under chapter 468. |
| 96 | (20)(19) "Employer" means an employing unit subject to |
| 97 | this chapter under s. 443.1215. |
| 98 | (21)(20) "Employing unit" means an individual; an or type |
| 99 | of organization, including a partnership, limited liability |
| 100 | company, association, trust, estate, joint-stock company, |
| 101 | insurance company, or corporation, whether domestic or foreign; |
| 102 | the receiver, trustee in bankruptcy, trustee, or successor of |
| 103 | any of the foregoing; or the legal representative of a deceased |
| 104 | person, who which has or had in his or her its employ one or |
| 105 | more individuals performing services for it within this state. |
| 106 | (a) Each individual employed to perform or to assist in |
| 107 | performing the work of any agent or employee of an employing |
| 108 | unit is deemed to be employed by the employing unit for the |
| 109 | purposes of this chapter, regardless of whether the individual |
| 110 | was hired or paid directly by the employing unit or by an agent |
| 111 | or employee of the employing unit, if the employing unit had |
| 112 | actual or constructive knowledge of the work. |
| 113 | (b) Each individual performing services in this state for |
| 114 | an employing unit maintaining at least two separate |
| 115 | establishments in this state is deemed to be performing services |
| 116 | for a single employing unit for the purposes of this chapter. |
| 117 | (c) A person who is an officer of a corporation, or a |
| 118 | member of a limited liability company classified as a |
| 119 | corporation for federal income tax purposes, and who performs |
| 120 | services for the corporation or limited liability company in |
| 121 | this state, regardless of whether those services are continuous, |
| 122 | is deemed an employee of the corporation or the limited |
| 123 | liability company during all of each week of his or her tenure |
| 124 | of office, regardless of whether he or she is compensated for |
| 125 | those services. Services are presumed to be rendered for the |
| 126 | corporation if in cases in which the officer is compensated by |
| 127 | means other than dividends upon shares of stock of the |
| 128 | corporation owned by him or her. |
| 129 | (d) A limited liability company shall be treated as having |
| 130 | the same status as it is classified for federal income tax |
| 131 | purposes. However, a single-member limited liability company |
| 132 | shall be treated as the employer. |
| 133 | (22)(21) "Employment" means a service subject to this |
| 134 | chapter under s. 443.1216 which is performed by an employee for |
| 135 | his or her employer the person employing him or her. |
| 136 | (23)(22) "Farm" includes stock, dairy, poultry, fruit, |
| 137 | fur-bearing animal, and truck farms, plantations, ranches, |
| 138 | nurseries, ranges, greenhouses or other similar structures used |
| 139 | primarily for the raising of agricultural or horticultural |
| 140 | commodities, and orchards. |
| 141 | (24)(23) "Fund" means the Unemployment Compensation Trust |
| 142 | Fund created under this chapter, into which all contributions |
| 143 | and reimbursements required under this chapter are deposited and |
| 144 | from which all benefits provided under this chapter are paid. |
| 145 | (25)(24) "High quarter" means the quarter in an |
| 146 | individual's base period in which the individual has the |
| 147 | greatest amount of wages paid, regardless of the number of |
| 148 | employers paying wages in that quarter. |
| 149 | (26)(25) "Hospital" means an establishment institution |
| 150 | that is licensed as a hospital under chapter 395, certified, or |
| 151 | approved by the Agency for Health Care Administration as a |
| 152 | hospital. |
| 153 | (27)(26) "Institution of higher education" means an |
| 154 | educational institution that: |
| 155 | (a) Admits as regular students only individuals having a |
| 156 | certificate of graduation from a high school, or the recognized |
| 157 | equivalent of a certificate of graduation; |
| 158 | (b) Is legally authorized in this state to provide a |
| 159 | program of education beyond high school; |
| 160 | (c) Provides an educational program that for which it |
| 161 | awards a bachelor's or higher degree, or provides a program that |
| 162 | is acceptable for full credit toward a bachelor's or higher |
| 163 | degree; a program of postgraduate or postdoctoral studies; or a |
| 164 | program of training to prepare students for gainful employment |
| 165 | in a recognized occupation; and |
| 166 | (d) Is a public or other nonprofit institution. |
| 167 |
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| 168 | The term includes each community college and state university in |
| 169 | this state, and any each other institution in this state |
| 170 | authorized under s. 1005.03 to use the designation "college" or |
| 171 | "university." under s. 1005.03. |
| 172 | (28)(27) "Insured work" means employment for employers. |
| 173 | (29)(28) "Leave of absence" means a temporary break in |
| 174 | service to an employer, for a specified period of time, during |
| 175 | which the employing unit guarantees the same or a comparable |
| 176 | position to the worker at the expiration of the leave. |
| 177 | (30)(29) "Misconduct" includes, but is not limited to, the |
| 178 | following, which may not be construed in pari materia with each |
| 179 | other: |
| 180 | (a) Conduct demonstrating willful or wanton disregard of |
| 181 | an employer's interests and found to be a deliberate violation |
| 182 | or disregard of the standards of behavior which the employer has |
| 183 | a right to expect of his or her employee; or |
| 184 | (b) Carelessness or negligence to a degree or recurrence |
| 185 | that manifests culpability, wrongful intent, or evil design or |
| 186 | shows an intentional and substantial disregard of the employer's |
| 187 | interests or of the employee's duties and obligations to his or |
| 188 | her employer. |
| 189 | (31)(30) "Monetary determination" means a determination of |
| 190 | whether and in what amount a claimant is eligible for benefits |
| 191 | based on the claimant's employment during the base period of the |
| 192 | claim. |
| 193 | (32)(31) "Nonmonetary determination" means a determination |
| 194 | of the claimant's eligibility for benefits based on an issue |
| 195 | other than monetary entitlement and benefit overpayment. |
| 196 | (33)(32) "Not in the course of the employer's trade or |
| 197 | business" means not promoting or advancing the trade or business |
| 198 | of the employer. |
| 199 | (34)(33) "One-stop career center" means a service site |
| 200 | established and maintained as part of the one-stop delivery |
| 201 | system under s. 445.009. |
| 202 | (35)(34) "Pay period" means a period of 31 or fewer |
| 203 | consecutive days for which a payment or remuneration is |
| 204 | ordinarily made to the employee by the person employing him or |
| 205 | her. |
| 206 | (36)(35) "Public employer" means: |
| 207 | (a) A state agency or political subdivision of the state; |
| 208 | (b) An instrumentality that is wholly owned by one or more |
| 209 | state agencies or political subdivisions of the state; or |
| 210 | (c) An instrumentality that is wholly owned by one or more |
| 211 | state agencies, political subdivisions, or instrumentalities of |
| 212 | the state and one or more state agencies or political |
| 213 | subdivisions of one or more other states. |
| 214 | (37)(36) "Reasonable assurance" means a written or verbal |
| 215 | agreement, an agreement between an employer and a worker |
| 216 | understood through tradition within the trade or occupation, or |
| 217 | an agreement defined in an employer's policy. |
| 218 | (38) "Reemployment services" means all activities provided |
| 219 | to unemployed persons which are designed to assist them in |
| 220 | finding work, including, but not limited to: |
| 221 | (a) Job search, referral and placement assistance, and |
| 222 | provision of labor market information. |
| 223 | (b) Creation of an individualized employability |
| 224 | development plan that is developed by a case manager and job |
| 225 | seeker and includes career goals, work history, certification, |
| 226 | and services required to meet such goals. The plan is agreed to |
| 227 | by the job seeker who must meet each goal in order to continue |
| 228 | participating in job training programs. |
| 229 | (c) Assessment of skill levels, abilities, and aptitudes. |
| 230 | (d) Career guidance, if appropriate, and referral to |
| 231 | training as required. |
| 232 | (e) Job search workshops such as resume writing and |
| 233 | interviewing classes. |
| 234 | (f) Community service programs operated by a one-stop |
| 235 | career center. |
| 236 | (39)(37) "Reimbursement" means a payment of money to the |
| 237 | Unemployment Compensation Trust Fund in lieu of a contribution |
| 238 | which is required under this chapter to finance unemployment |
| 239 | benefits. |
| 240 | (40)(38) "Reimbursing employer" means an employer who is |
| 241 | liable for reimbursements in lieu of contributions made under |
| 242 | this chapter. |
| 243 | (41)(39) "State" includes the states of the United States, |
| 244 | the District of Columbia, Canada, the Commonwealth of Puerto |
| 245 | Rico, and the Virgin Islands. |
| 246 | (42)(40) "State law" means the unemployment insurance law |
| 247 | of any state, approved by the United States Secretary of Labor |
| 248 | under s. 3304 of the Internal Revenue Code of 1954. |
| 249 | (43)(41) "Tax collection service provider" or "service |
| 250 | provider" means the state agency providing unemployment tax |
| 251 | collection services under contract with the Agency for Workforce |
| 252 | Innovation through an interagency agreement pursuant to s. |
| 253 | 443.1316. |
| 254 | (44)(42) "Temporary layoff" means a job separation due to |
| 255 | lack of work which does not exceed 8 consecutive weeks and which |
| 256 | has a fixed or approximate return-to-work date. |
| 257 | (45)(43) "Unemployment" or "unemployed" means: |
| 258 | (a) An individual is "totally unemployed" in any week |
| 259 | during which he or she does not perform any services and for |
| 260 | which earned income is not payable to him or her. An individual |
| 261 | is "partially unemployed" in any week of less than full-time |
| 262 | work if the earned income payable to him or her for that week is |
| 263 | less than his or her weekly benefit amount. The Agency for |
| 264 | Workforce Innovation may adopt rules prescribing distinctions in |
| 265 | the procedures for unemployed individuals based on total |
| 266 | unemployment, part-time unemployment, partial unemployment of |
| 267 | individuals attached to their regular jobs, and other forms of |
| 268 | short-time work. |
| 269 | (b) An individual's week of unemployment commences only |
| 270 | after his or her registration with the Agency for Workforce |
| 271 | Innovation as required in s. 443.091, except as the agency may |
| 272 | otherwise prescribe by rule. |
| 273 | (46)(44) "Wages" means remuneration subject to this |
| 274 | chapter under s. 443.1217. |
| 275 | (47)(45) "Week" means a period of 7 consecutive days as |
| 276 | defined in the rules of the Agency for Workforce Innovation. The |
| 277 | Agency for Workforce Innovation may by rule prescribe that a |
| 278 | week is deemed to be "in," "within," or "during" the benefit |
| 279 | year that contains the greater part of the week. |
| 280 | Section 2. Subsection (1) of section 443.091, Florida |
| 281 | Statutes, is amended to read: |
| 282 | 443.091 Benefit eligibility conditions.- |
| 283 | (1) An unemployed individual is eligible to receive |
| 284 | benefits for any week only if the Agency for Workforce |
| 285 | Innovation finds that: |
| 286 | (a) She or he has made a claim for benefits for that week |
| 287 | in accordance with the rules adopted by the Agency for Workforce |
| 288 | Innovation. |
| 289 | (b) She or he has registered with the agency for work and |
| 290 | subsequently reports to the one-stop career center as directed |
| 291 | by the regional workforce board for reemployment services. This |
| 292 | requirement does not apply to persons who are: |
| 293 | 1. Non-Florida residents; |
| 294 | 2. On a temporary layoff, as defined in s. 443.036(42); |
| 295 | 3. Union members who customarily obtain employment through |
| 296 | a union hiring hall; or |
| 297 | 4. Claiming benefits under an approved short-time |
| 298 | compensation plan as provided in s. 443.1116. |
| 299 | (c) To make continued claims for benefits, she or he is |
| 300 | reporting to the agency in accordance with its rules. These |
| 301 | rules may not conflict with s. 443.111(1)(b), including the |
| 302 | requirement that each claimant continue to report regardless of |
| 303 | any pending appeal relating to her or his eligibility or |
| 304 | disqualification for benefits. |
| 305 | (d) She or he is able to work and is available for work. |
| 306 | In order to assess eligibility for a claimed week of |
| 307 | unemployment, the agency shall develop criteria to determine a |
| 308 | claimant's ability to work and availability for work. However: |
| 309 | 1. Notwithstanding any other provision of this paragraph |
| 310 | or paragraphs (b) and (e), an otherwise eligible individual may |
| 311 | not be denied benefits for any week because she or he is in |
| 312 | training with the approval of the agency, or by reason of s. |
| 313 | 443.101(2) relating to failure to apply for, or refusal to |
| 314 | accept, suitable work. Training may be approved by the agency in |
| 315 | accordance with criteria prescribed by rule. A claimant's |
| 316 | eligibility during approved training is contingent upon |
| 317 | satisfying eligibility conditions prescribed by rule. |
| 318 | 2. Notwithstanding any other provision of this chapter, an |
| 319 | otherwise eligible individual who is in training approved under |
| 320 | s. 236(a)(1) of the Trade Act of 1974, as amended, may not be |
| 321 | determined ineligible or disqualified for benefits due to her or |
| 322 | his enrollment in such training or because of leaving work that |
| 323 | is not suitable employment to enter such training. As used in |
| 324 | this subparagraph, the term "suitable employment" means work of |
| 325 | a substantially equal or higher skill level than the worker's |
| 326 | past adversely affected employment, as defined for purposes of |
| 327 | the Trade Act of 1974, as amended, the wages for which are at |
| 328 | least 80 percent of the worker's average weekly wage as |
| 329 | determined for purposes of the Trade Act of 1974, as amended. |
| 330 | 3. Notwithstanding any other provision of this section, an |
| 331 | otherwise eligible individual may not be denied benefits for any |
| 332 | week because she or he is before any state or federal court |
| 333 | pursuant to a lawfully issued summons to appear for jury duty. |
| 334 | 4. Notwithstanding any other provision of this section, an |
| 335 | otherwise eligible individual may not be denied benefits for any |
| 336 | week because she or he is participating in a community service |
| 337 | program as provided in paragraph (f). |
| 338 | (e) She or he participates in reemployment services, such |
| 339 | as job search assistance services if, whenever the individual |
| 340 | has been determined, by a profiling system established by agency |
| 341 | rule, to be likely to exhaust regular benefits and to be in need |
| 342 | of reemployment services. |
| 343 | (f) She or he participates in a community service program |
| 344 | administered by a one-stop career center. This requirement |
| 345 | applies only to claims in which the 12th week of her or his |
| 346 | regular benefits falls after July 2, 2011. |
| 347 | (g)(f) She or he has been unemployed for a waiting period |
| 348 | of 1 week. A week may not be counted as a week of unemployment |
| 349 | under this subsection unless: |
| 350 | 1. Unless It occurs within the benefit year that includes |
| 351 | the week for which she or he claims payment of benefits. |
| 352 | 2. If Benefits have been paid for that week. |
| 353 | 3. Unless The individual was eligible for benefits for |
| 354 | that week as provided in this section and s. 443.101, except for |
| 355 | the requirements of this subsection and of s. 443.101(5). |
| 356 | (h)(g) She or he has been paid wages for insured work |
| 357 | equal to 1.5 times her or his high quarter wages during her or |
| 358 | his base period, except that an unemployed individual is not |
| 359 | eligible to receive benefits if the base period wages are less |
| 360 | than $3,400. |
| 361 | (i)(h) She or he submitted to the agency a valid social |
| 362 | security number assigned to her or him. The agency may verify |
| 363 | the social security number with the United States Social |
| 364 | Security Administration and may deny benefits if the agency is |
| 365 | unable to verify the individual's social security number, the |
| 366 | social security number is invalid, or the social security number |
| 367 | is not assigned to the individual. |
| 368 | Section 3. Paragraph (a) of subsection (1) and paragraph |
| 369 | (f) of subsection (13) of section 443.1216, Florida Statutes, |
| 370 | are amended to read: |
| 371 | 443.1216 Employment.-Employment, as defined in s. 443.036, |
| 372 | is subject to this chapter under the following conditions: |
| 373 | (1)(a) The employment subject to this chapter includes a |
| 374 | service performed, including a service performed in interstate |
| 375 | commerce, by: |
| 376 | 1. An officer of a corporation. |
| 377 | 2. An individual who, under the usual common-law rules |
| 378 | applicable for in determining the employer-employee |
| 379 | relationship, is an employee. However, if whenever a client who, |
| 380 | as defined in s. 443.036(18), which would otherwise be |
| 381 | designated as an employing unit has contracted with an employee |
| 382 | leasing company to supply it with workers, those workers are |
| 383 | considered employees of the employee leasing company. An |
| 384 | employee leasing company may lease corporate officers of the |
| 385 | client to the client and other workers to the client, except as |
| 386 | prohibited by regulations of the Internal Revenue Service. |
| 387 | Employees of an employee leasing company must be reported under |
| 388 | the employee leasing company's tax identification number and |
| 389 | contribution rate for work performed for the employee leasing |
| 390 | company. |
| 391 | a. In addition to any other report required to be filed by |
| 392 | law, an employee leasing company shall submit a report to the |
| 393 | Labor Market Statistics Center within the Agency for Workforce |
| 394 | Innovation which includes each client establishment and each |
| 395 | establishment of the employee leasing company, or as otherwise |
| 396 | directed by the agency. The report must include the following |
| 397 | information for each establishment: |
| 398 | (I) The trade or establishment name; |
| 399 | (II) The former unemployment compensation account number, |
| 400 | if available; |
| 401 | (III) The former federal employer's identification number |
| 402 | (FEIN), if available; |
| 403 | (IV) The industry code recognized and published by the |
| 404 | United States Office of Management and Budget, if available; |
| 405 | (V) A description of the client's primary business |
| 406 | activity in order to verify or assign an industry code; |
| 407 | (VI) The address of the physical location; |
| 408 | (VII) The number of full-time and part-time employees who |
| 409 | worked during, or received pay that was subject to unemployment |
| 410 | compensation taxes for, the pay period including the 12th of the |
| 411 | month for each month of the quarter; |
| 412 | (VIII) The total wages subject to unemployment |
| 413 | compensation taxes paid during the calendar quarter; |
| 414 | (IX) An internal identification code to uniquely identify |
| 415 | each establishment of each client; |
| 416 | (X) The month and year that the client entered into the |
| 417 | contract for services; and |
| 418 | (XI) The month and year that the client terminated the |
| 419 | contract for services. |
| 420 | b. The report shall be submitted electronically or as in a |
| 421 | manner otherwise prescribed by the Agency for Workforce |
| 422 | Innovation and in the format specified by the Bureau of Labor |
| 423 | Statistics of the United States Department of Labor for its |
| 424 | Multiple Worksite Report for Professional Employer |
| 425 | Organizations. The report must be provided quarterly to the |
| 426 | Labor Market Statistics Center within the Agency for Workforce |
| 427 | Innovation, or as otherwise directed by the agency, and must be |
| 428 | filed by the last day of the month immediately following the end |
| 429 | of the calendar quarter. The information required in sub-sub- |
| 430 | subparagraphs a.(X) and (XI) need be provided only in the |
| 431 | quarter in which the contract to which it relates was entered |
| 432 | into or terminated. The sum of the employment data and the sum |
| 433 | of the wage data in the this report must match the employment |
| 434 | and wages reported in the unemployment compensation quarterly |
| 435 | tax and wage report. A report is not required for any calendar |
| 436 | quarter preceding the third calendar quarter of 2010. |
| 437 | c. The Agency for Workforce Innovation shall adopt rules |
| 438 | as necessary to administer this subparagraph, and may |
| 439 | administer, collect, enforce, and waive the penalty imposed by |
| 440 | s. 443.141(1)(b) for the report required by this subparagraph. |
| 441 | d. For the purposes of this subparagraph, the term |
| 442 | "establishment" means any location where business is conducted |
| 443 | or where services or industrial operations are performed. |
| 444 | 3. An individual other than an individual who is an |
| 445 | employee under subparagraph 1. or subparagraph 2., who performs |
| 446 | services for remuneration for any person: |
| 447 | a. As an agent-driver or commission-driver engaged in |
| 448 | distributing meat products, vegetable products, fruit products, |
| 449 | bakery products, beverages other than milk, or laundry or |
| 450 | drycleaning services for his or her principal. |
| 451 | b. As a traveling or city salesperson engaged on a full- |
| 452 | time basis in the solicitation on behalf of, and the |
| 453 | transmission to, his or her principal of orders from |
| 454 | wholesalers, retailers, contractors, or operators of hotels, |
| 455 | restaurants, or other similar establishments for merchandise for |
| 456 | resale or supplies for use in their business operations. This |
| 457 | sub-subparagraph does not apply to an agent-driver, or a |
| 458 | commission-driver, or and does not apply to sideline sales |
| 459 | activities performed on behalf of a person other than the |
| 460 | salesperson's principal. |
| 461 | 4. The services described in subparagraph 3. are |
| 462 | employment subject to this chapter only if: |
| 463 | a. The contract of service contemplates that substantially |
| 464 | all of the services are to be performed personally by the |
| 465 | individual; |
| 466 | b. The individual does not have a substantial investment |
| 467 | in facilities used in connection with the services, other than |
| 468 | facilities used for transportation; and |
| 469 | c. The services are not in the nature of a single |
| 470 | transaction that is not part of a continuing relationship with |
| 471 | the person for whom the services are performed. |
| 472 | (13) The following are exempt from coverage under this |
| 473 | chapter: |
| 474 | (f) Service performed in the employ of a public employer |
| 475 | as defined in s. 443.036, except as provided in subsection (2), |
| 476 | and service performed in the employ of an instrumentality of a |
| 477 | public employer as described in s. 443.036(36)(b) or (c) s. |
| 478 | 443.036(35)(b) or (c), to the extent that the instrumentality is |
| 479 | immune under the United States Constitution from the tax imposed |
| 480 | by s. 3301 of the Internal Revenue Code for that service. |
| 481 | Section 4. Paragraph (f) of subsection (3) of section |
| 482 | 443.131, Florida Statutes, is amended to read: |
| 483 | 443.131 Contributions.- |
| 484 | (3) VARIATION OF CONTRIBUTION RATES BASED ON BENEFIT |
| 485 | EXPERIENCE.- |
| 486 | (f) Transfer of employment records.- |
| 487 | 1. For the purposes of this subsection, two or more |
| 488 | employers who are parties to a transfer of business or the |
| 489 | subject of a merger, consolidation, or other form of |
| 490 | reorganization, effecting a change in legal identity or form, |
| 491 | are deemed a single employer and are considered to be one |
| 492 | employer with a continuous employment record if the tax |
| 493 | collection service provider finds that the successor employer |
| 494 | continues to carry on the employing enterprises of all of the |
| 495 | predecessor employers, and that the successor employer has paid |
| 496 | all contributions required of and due from all of the |
| 497 | predecessor employers, and has assumed liability for all |
| 498 | contributions that may become due from all of the predecessor |
| 499 | employers. In addition, An employer may not be considered a |
| 500 | successor under this subparagraph if the employer purchases a |
| 501 | company with a lower rate into which employees with job |
| 502 | functions unrelated to the business endeavors of the predecessor |
| 503 | are transferred for the purpose of acquiring the low rate and |
| 504 | avoiding payment of contributions. As used in this paragraph, |
| 505 | Notwithstanding s. 443.036(15) s. 443.036(14), the term |
| 506 | "contributions," as used in this paragraph, means all |
| 507 | indebtedness to the tax collection service provider, including, |
| 508 | but not limited to, interest, penalty, collection fee, and |
| 509 | service fee. |
| 510 | 2. A successor employer must accept the transfer of all of |
| 511 | the predecessor employers' employment records within 30 days |
| 512 | after the date of the official notification of liability by |
| 513 | succession. If a predecessor employer has unpaid contributions |
| 514 | or outstanding quarterly reports, the successor employer must |
| 515 | pay the total amount with certified funds within 30 days after |
| 516 | the date of the notice listing the total amount due. After the |
| 517 | total indebtedness is paid, the tax collection service provider |
| 518 | shall transfer the employment records of all of the predecessor |
| 519 | employers to the successor employer's employment record. The tax |
| 520 | collection service provider shall determine the contribution |
| 521 | rate of the combined successor and predecessor employers upon |
| 522 | the transfer of the employment records, as prescribed by rule, |
| 523 | in order to calculate any change in the contribution rate |
| 524 | resulting from the transfer of the employment records. |
| 525 | 3.2. Regardless of whether a predecessor employer's |
| 526 | employment record is transferred to a successor employer under |
| 527 | this paragraph, the tax collection service provider shall treat |
| 528 | the predecessor employer, if he or she subsequently employs |
| 529 | individuals, as an employer without a previous employment record |
| 530 | or, if his or her coverage is terminated under s. 443.121, as a |
| 531 | new employing unit. |
| 532 | 4.3. The state agency providing unemployment tax |
| 533 | collection services may adopt rules governing the partial |
| 534 | transfer of experience rating when an employer transfers an |
| 535 | identifiable and segregable portion of his or her payrolls and |
| 536 | business to a successor employing unit. As a condition of each |
| 537 | partial transfer, these rules must require the following to be |
| 538 | filed with the tax collection service provider: an application |
| 539 | by the successor employing unit, an agreement by the predecessor |
| 540 | employer, and the evidence required by the tax collection |
| 541 | service provider to show the benefit experience and payrolls |
| 542 | attributable to the transferred portion through the date of the |
| 543 | transfer. These rules must provide that the successor employing |
| 544 | unit, if not an employer subject to this chapter, becomes an |
| 545 | employer as of the date of the transfer and that the transferred |
| 546 | portion of the predecessor employer's employment record is |
| 547 | removed from the employment record of the predecessor employer. |
| 548 | For each calendar year after the date of the transfer of the |
| 549 | employment record in the records of the tax collection service |
| 550 | provider, the service provider shall compute the contribution |
| 551 | rate payable by the successor employer or employing unit based |
| 552 | on his or her employment record, combined with the transferred |
| 553 | portion of the predecessor employer's employment record. These |
| 554 | rules may also prescribe what contribution rates are payable by |
| 555 | the predecessor and successor employers for the period between |
| 556 | the date of the transfer of the transferred portion of the |
| 557 | predecessor employer's employment record in the records of the |
| 558 | tax collection service provider and the first day of the next |
| 559 | calendar year. |
| 560 | 5.4. This paragraph does not apply to an employee leasing |
| 561 | company and client contractual agreement as defined in s. |
| 562 | 443.036. The tax collection service provider shall, if the |
| 563 | contractual agreement is terminated or the employee leasing |
| 564 | company fails to submit reports or pay contributions as required |
| 565 | by the service provider, treat the client as a new employer |
| 566 | without previous employment record unless the client is |
| 567 | otherwise eligible for a variation from the standard rate. |
| 568 | Section 5. Paragraph (b) of subsection (3) of section |
| 569 | 443.151, Florida Statutes, is amended to read: |
| 570 | 443.151 Procedure concerning claims.- |
| 571 | (3) DETERMINATION OF ELIGIBILITY.- |
| 572 | (b) Monetary determinations.-In addition to the notice of |
| 573 | claim, the agency shall also promptly provide an initial |
| 574 | monetary determination to the claimant and each base period |
| 575 | employer whose account is subject to being charged for its |
| 576 | respective share of benefits on the claim. The monetary |
| 577 | determination must include a statement of whether and in what |
| 578 | amount the claimant is entitled to benefits, and, in the event |
| 579 | of a denial, must state the reasons for the denial. A monetary |
| 580 | determination for the first week of a benefit year must also |
| 581 | include a statement of whether the claimant was paid the wages |
| 582 | required under s. 443.091(1)(h) s. 443.091(1)(g) and, if so, the |
| 583 | first day of the benefit year, the claimant's weekly benefit |
| 584 | amount, and the maximum total amount of benefits payable to the |
| 585 | claimant for a benefit year. The monetary determination is final |
| 586 | unless within 20 days after the mailing of the notices to the |
| 587 | parties' last known addresses, or in lieu of mailing, within 20 |
| 588 | days after the delivery of the notices, an appeal or written |
| 589 | request for reconsideration is filed by the claimant or other |
| 590 | party entitled to notice. The agency may adopt rules as |
| 591 | necessary to implement the processes described in this paragraph |
| 592 | relating to notices of monetary determinations and the appeals |
| 593 | or reconsideration requests filed in response to such notices. |
| 594 | Section 6. This act shall take effect July 1, 2011. |