CS/CS/HB 7005

1	A bill to be entitled
2	An act relating to unemployment compensation; amending s.
3	213.053, F.S.; increasing the number of employer payroll
4	service providers who qualify for access to unemployment
5	tax information by filing a memorandum of understanding;
6	amending s. 443.031, F.S.; revising provisions relating to
7	statutory construction; amending s. 443.036, F.S.;
8	revising and providing definitions; revising the term
9	"misconduct" to include conduct outside of the workplace
10	and additional lapses in behavior; amending s. 443.041,
11	F.S.; conforming a cross-reference; amending s. 443.091,
12	F.S.; conforming provisions to changes made by the act;
13	requiring that an applicant for benefits participate in an
14	initial skills review; providing exceptions; requiring the
15	administrator or operator of the initial skills review to
16	notify specified entities regarding review completion and
17	results; amending s. 443.101, F.S.; clarifying "good
18	cause" for voluntarily leaving employment; disqualifying a
19	person for benefits due to the receipt of severance pay;
20	revising provisions relating to the effects of criminal
21	acts on eligibility for benefits; amending s. 443.111,
22	F.S.; providing a definition; reducing the amount and
23	revising the calculation of the number of weeks of a
24	claimant's benefit eligibility; amending s. 443.1216,
25	F.S.; conforming provisions to changes made by the act;
26	amending s. 443.131, F.S.; providing definitions; revising
27	an employer's unemployment compensation contribution rate
28	by certain factors; amending s. 443.141, F.S.; providing
29	an employer payment schedule for 2012, 2013, and 2014
30	contributions; amending s. 443.151, F.S.; revising
31	allowable forms of evidence in benefit appeals; revising
32	the judicial venue for reviewing commission orders;
33	amending s. 443.171, F.S.; specifying that evidence of
34	mailing an agency document is based on the date stated on
35	the document; reviving, readopting, and amending s.
36	443.1117, F.S., relating to temporary extended benefits;
37	providing for retroactive application; establishing
38	temporary state extended benefits for weeks of
39	unemployment; revising definitions; providing for state
40	extended benefits for certain weeks and for periods of
41	high unemployment; providing severability; providing
42	applicability; providing appropriations for purposes of
43	implementation; providing that the act fulfills an
44	important state interest; providing effective dates.
45
46	Be It Enacted by the Legislature of the State of Florida:
47
48	Section 1.  Subsection (4) of section 213.053, Florida
49	Statutes, is amended to read:
50	213.053  Confidentiality and information sharing.-
51	(4)  The department, while providing unemployment tax
52	collection services under contract with the Agency for Workforce
53	Innovation through an interagency agreement pursuant to s.
54	443.1316, may release unemployment tax rate information to the
55	agent of an employer who, which agent provides payroll services
56	for more than 100 500 employers, pursuant to the terms of a
57	memorandum of understanding. The memorandum of understanding
58	must state that the agent affirms, subject to the criminal
59	penalties contained in ss. 443.171 and 443.1715, that the agent
60	will retain the confidentiality of the information, that the
61	agent has in effect a power of attorney from the employer which
62	permits the agent to obtain unemployment tax rate information,
63	and that the agent shall provide the department with a copy of
64	the employer's power of attorney upon request.
65	Section 2.  Section 443.031, Florida Statutes, is amended
66	to read:
67	443.031  Rule of liberal construction.-This chapter shall
68	be liberally construed to accomplish its purpose to promote
69	employment security by increasing opportunities for reemployment
70	and to provide, through the accumulation of reserves, for the
71	payment of compensation to individuals with respect to their
72	unemployment. The Legislature hereby declares its intention to
73	provide for carrying out the purposes of this chapter in
74	cooperation with the appropriate agencies of other states and of
75	the Federal Government as part of a nationwide employment
76	security program, and particularly to provide for meeting the
77	requirements of Title III, the requirements of the Federal
78	Unemployment Tax Act, and the Wagner-Peyser Act of June 6, 1933,
79	entitled "An Act to provide for the establishment of a national
80	employment system and for cooperation with the states in the
81	promotion of such system, and for other purposes," each as
82	amended, in order to secure for this state and its citizens the
83	grants and privileges available under such acts. All doubts in
84	favor of a claimant of unemployment benefits who is unemployed
85	through no fault of his or her own. Any doubt as to the proper
86	construction of any provision of this chapter shall be resolved
87	in favor of conformity with such requirements federal law,
88	including, but not limited to, the Federal Unemployment Tax Act,
89	the Social Security Act, the Wagner-Peyser Act, and the
90	Workforce Investment Act.
91	Section 3.  Present subsections (26) through (45) of
92	section 443.036, Florida Statutes, are renumbered as subsections
93	(28) through (47), respectively, new subsections (26) and (27)
94	are added to that section, and present subsections (6), (9),
95	(29), and (43) of that section are amended, to read:
96	443.036  Definitions.-As used in this chapter, the term:
97	(6)  "Available for work" means actively seeking and being
98	ready and willing to accept suitable work employment.
99	(9)  "Benefit year" means, for an individual, the 1-year
100	period beginning with the first day of the first week for which
101	the individual first files a valid claim for benefits and,
102	thereafter, the 1-year period beginning with the first day of
103	the first week for which the individual next files a valid claim
104	for benefits after the termination of his or her last preceding
105	benefit year. Each claim for benefits made in accordance with s.
106	443.151(2) is a valid claim under this subsection if the
107	individual was paid wages for insured work in accordance with s.
108	443.091(1)(g) and is unemployed as defined in subsection (45)
109	(43) at the time of filing the claim. However, the Agency for
110	Workforce Innovation may adopt rules providing for the
111	establishment of a uniform benefit year for all workers in one
112	or more groups or classes of service or within a particular
113	industry if the agency determines, after notice to the industry
114	and to the workers in the industry and an opportunity to be
115	heard in the matter, that those groups or classes of workers in
116	a particular industry periodically experience unemployment
117	resulting from layoffs or shutdowns for limited periods of time.
118	(26)  "Individual in continued reporting status" means an
119	individual who has been determined to be eligible pursuant to s.
120	443.091 who is reporting to the Agency for Workforce Innovation
121	in accordance with s. 443.091(1)(c).
122	(27)  "Initial skills review" means an online education or
123	training program, such as that established under s. 1004.99,
124	that is approved by the Agency for Workforce Innovation and
125	designed to measure an individual's mastery level of workplace
126	skills.
127	(31)(29)  "Misconduct," irrespective of whether the
128	misconduct occurs at the workplace or during working hours,
129	includes, but is not limited to, the following, which may not be
130	construed in pari materia with each other:
131	(a)  Conduct demonstrating conscious willful or wanton
132	disregard of an employer's interests and found to be a
133	deliberate violation or disregard of the reasonable standards of
134	behavior which the employer expects has a right to expect of his
135	or her employee.; or
136	(b)  Carelessness or negligence to a degree or recurrence
137	that manifests culpability, wrongful intent, or evil design or
138	shows an intentional and substantial disregard of the employer's
139	interests or of the employee's duties and obligations to his or
140	her employer.
141	(c)  Chronic absenteeism or tardiness in deliberate
142	violation of a known policy of the employer or one or more
143	unapproved absences following a written reprimand or warning
144	relating to more than one unapproved absence.
145	(d)  A willful and deliberate violation of a standard or
146	regulation of this state by an employee of an employer licensed
147	or certified by this state, which violation would cause the
148	employer to be sanctioned or have its license or certification
149	suspended by this state.
150	(e)  A violation of an employer's rule, unless the claimant
151	can demonstrate that:
152	1.  He or she did not know, and could not reasonably know,
153	of the rule's requirements;
154	2.  The rule is not lawful or not reasonably related to the
155	job environment and performance; or
156	3.  The rule is not fairly or consistently enforced.
157	(45)(43)  "Unemployment" or "unemployed" means:
158	(a)  An individual is "totally unemployed" in any week
159	during which he or she does not perform any services and for
160	which earned income is not payable to him or her. An individual
161	is "partially unemployed" in any week of less than full-time
162	work if the earned income payable to him or her for that week is
163	less than his or her weekly benefit amount. The Agency for
164	Workforce Innovation may adopt rules prescribing distinctions in
165	the procedures for unemployed individuals based on total
166	unemployment, part-time unemployment, partial unemployment of
167	individuals attached to their regular jobs, and other forms of
168	short-time work.
169	(b)  An individual's week of unemployment commences only
170	after his or her registration with the Agency for Workforce
171	Innovation as required in s. 443.091, except as the agency may
172	otherwise prescribe by rule.
173	Section 4.  Paragraph (b) of subsection (2) of section
174	443.041, Florida Statutes, is amended to read:
175	443.041  Waiver of rights; fees; privileged
176	communications.-
177	(2)  FEES.-
178	(b)  An attorney at law representing a claimant for
179	benefits in any district court of appeal of this state or in the
180	Supreme Court of Florida is entitled to counsel fees payable by
181	the Agency for Workforce Innovation as set by the court if the
182	petition for review or appeal is initiated by the claimant and
183	results in a decision awarding more benefits than provided in
184	the decision from which appeal was taken. The amount of the fee
185	may not exceed 50 percent of the total amount of regular
186	benefits permitted under s. 443.111(5)(b)(a) during the benefit
187	year.
188	Section 5.  Paragraph (b) of subsection (1) of section
189	443.091, Florida Statutes, is amended to read:
190	443.091  Benefit eligibility conditions.-
191	(1)  An unemployed individual is eligible to receive
192	benefits for any week only if the Agency for Workforce
193	Innovation finds that:
194	(b)  She or he has registered with the agency for work and
195	subsequently reports to the one-stop career center as directed
196	by the regional workforce board for reemployment services. This
197	requirement does not apply to persons who are:
198	1.  Non-Florida residents;
199	2.  On a temporary layoff, as defined in s. 443.036(42);
200	3.  Union members who customarily obtain employment through
201	a union hiring hall; or
202	4.  Claiming benefits under an approved short-time
203	compensation plan as provided in s. 443.1116.
204	Section 6.  Effective August 1, 2011, paragraph (c) of
205	subsection (1) of section 443.091, Florida Statutes, is amended
206	to read:
207	443.091  Benefit eligibility conditions.-
208	(1)  An unemployed individual is eligible to receive
209	benefits for any week only if the Agency for Workforce
210	Innovation finds that:
211	(c)  To make continued claims for benefits, she or he is
212	reporting to the agency in accordance with its rules.
213	1.  These rules may not conflict with s. 443.111(1)(b),
214	including the requirement that each claimant continue to report
215	regardless of any pending appeal relating to her or his
216	eligibility or disqualification for benefits.
217	2.  An individual in continued reporting status must
218	participate in an initial skills review as directed by the
219	agency. The failure of the individual to comply with this
220	subparagraph will result in the individual being determined
221	ineligible for the week in which the noncompliance occurred and
222	for any subsequent week of unemployment until the requirement is
223	satisfied. However, this subparagraph does not apply if the
224	individual is able to affirmatively attest to being unable to
225	complete such review due to illiteracy, language barrier, or
226	technological impediment.
227	3.  The administrator or operator of the initial skills
228	review must notify the agency when the individual completes
229	participation in the initial skills review. The administrator or
230	operator of the initial skills review must also report the
231	results of the individual's initial skills review to the
232	regional workforce board or the one-stop career center as
233	directed by the workforce board for reemployment services.
234	Section 7.  Paragraph (a) of subsection (1) and subsections
235	(2), (3), and (9) of section 443.101, Florida Statutes, are
236	amended, and subsection (12) is added to that section, to read:
237	443.101  Disqualification for benefits.-An individual shall
238	be disqualified for benefits:
239	(1)(a)  For the week in which he or she has voluntarily
240	left work without good cause attributable to his or her
241	employing unit or in which the individual has been discharged by
242	the employing unit for misconduct connected with his or her
243	work, based on a finding by the Agency for Workforce Innovation.
244	As used in this paragraph, the term "work" means any work,
245	whether full-time, part-time, or temporary.
246	1.  Disqualification for voluntarily quitting continues for
247	the full period of unemployment next ensuing after the
248	individual has left his or her full-time, part-time, or
249	temporary work voluntarily without good cause and until the
250	individual has earned income equal to or in excess of 17 times
251	his or her weekly benefit amount. As used in this subsection,
252	the term "good cause" includes only that cause attributable to
253	the employing unit that would compel a reasonable employee to
254	cease his or her work or which consists of the individual's
255	illness or disability requiring separation from his or her work.
256	Any other disqualification may not be imposed. An individual is
257	not disqualified under this subsection for voluntarily leaving
258	temporary work to return immediately when called to work by the
259	permanent employing unit that temporarily terminated his or her
260	work within the previous 6 calendar months. An individual is not
261	disqualified under this subsection for voluntarily leaving work
262	to relocate as a result of his or her military-connected
263	spouse's permanent change of station orders, activation orders,
264	or unit deployment orders.
265	2.  Disqualification for being discharged for misconduct
266	connected with his or her work continues for the full period of
267	unemployment next ensuing after having been discharged and until
268	the individual is reemployed and has earned income of at least
269	17 times his or her weekly benefit amount and for not more than
270	52 weeks that immediately follow that week, as determined by the
271	agency in each case according to the circumstances in each case
272	or the seriousness of the misconduct, under the agency's rules
273	adopted for determinations of disqualification for benefits for
274	misconduct.
275	3.  If an individual has provided notification to the
276	employing unit of his or her intent to voluntarily leave work
277	and the employing unit discharges the individual for reasons
278	other than misconduct before the date the voluntary quit was to
279	take effect, the individual, if otherwise entitled, shall
280	receive benefits from the date of the employer's discharge until
281	the effective date of his or her voluntary quit.
282	4.  If an individual is notified by the employing unit of
283	the employer's intent to discharge the individual for reasons
284	other than misconduct and the individual quits without good
285	cause, as defined in this section, before the date the discharge
286	was to take effect, the claimant is ineligible for benefits
287	pursuant to s. 443.091(1)(d) for failing to be available for
288	work for the week or weeks of unemployment occurring before the
289	effective date of the discharge.
290	(2)  If the Agency for Workforce Innovation finds that the
291	individual has failed without good cause to actively seek work,
292	apply for available suitable work when directed by the agency or
293	the one-stop career center, to accept suitable work when offered
294	to him or her, or to return to the individual's customary self-
295	employment when directed by the agency, the disqualification
296	continues for the full period of unemployment next ensuing after
297	he or she failed without good cause to actively seek work, apply
298	for available suitable work, to accept suitable work, or to
299	return to his or her customary self-employment, under this
300	subsection, and until the individual has earned income at least
301	17 times his or her weekly benefit amount. The Agency for
302	Workforce Innovation shall by rule adopt criteria for
303	determining the "suitability of work," as used in this section.
304	The Agency for Workforce Innovation in developing these rules
305	shall consider the duration of a claimant's unemployment in
306	determining the suitability of work and the suitability of
307	proposed rates of compensation for available work. Further,
308	after an individual has received 19 25 weeks of benefits in a
309	single year, suitable work is a job that pays the minimum wage
310	and is 120 percent or more of the weekly benefit amount the
311	individual is drawing.
312	(a)  In determining whether or not any work is suitable for
313	an individual, the Agency for Workforce Innovation shall
314	consider the degree of risk involved to his or her health,
315	safety, and morals; his or her physical fitness and prior
316	training; the individual's experience and prior earnings; his or
317	her length of unemployment and prospects for securing local work
318	in his or her customary occupation; and the distance of the
319	available work from his or her residence.
320	(b)  Notwithstanding any other provisions of this chapter,
321	work is not deemed suitable and benefits may not be denied under
322	this chapter to any otherwise eligible individual for refusing
323	to accept new work under any of the following conditions:
324	1.  If the position offered is vacant due directly to a
325	strike, lockout, or other labor dispute.
326	2.  If the wages, hours, or other conditions of the work
327	offered are substantially less favorable to the individual than
328	those prevailing for similar work in the locality.
329	3.  If as a condition of being employed, the individual
330	would be required to join a company union or to resign from or
331	refrain from joining any bona fide labor organization.
332	(c)  If the Agency for Workforce Innovation finds that an
333	individual was rejected for offered employment as the direct
334	result of a positive, confirmed drug test required as a
335	condition of employment, the individual is disqualified for
336	refusing to accept an offer of suitable work.
337	(3)  For any week with respect to which he or she is
338	receiving or has received remuneration in the form of:
339	(a)  Wages in lieu of notice.
340	(b)  Severance pay. The number of weeks that an
341	individual's severance pay disqualifies the individual is equal
342	to the amount of the severance pay divided by that individual's
343	average weekly wage received from the employer that paid the
344	severance pay, rounded down to the nearest whole number,
345	beginning with the week the individual is separated from
346	employment.
347	(c)(b)1.  Compensation for temporary total disability or
348	permanent total disability under the workers' compensation law
349	of any state or under a similar law of the United States.
350
351	2.  However, If the remuneration referred to in this subsection
352	paragraphs (a) and (b) is less than the benefits that would
353	otherwise be due under this chapter, an individual who is
354	otherwise eligible he or she is entitled to receive for that
355	week, if otherwise eligible, benefits reduced by the amount of
356	the remuneration.
357	(9)  If the individual was terminated from his or her work
358	for violation of any criminal law punishable by imprisonment, or
359	for any dishonest act, in connection with his or her work, as
360	follows:
361	(a)  If the Agency for Workforce Innovation or the
362	Unemployment Appeals Commission finds that the individual was
363	terminated from his or her work for violation of any criminal
364	law, under any jurisdiction, which was punishable by
365	imprisonment in connection with his or her work, and the
366	individual was convicted found guilty of the offense, made an
367	admission of guilt in a court of law, or entered a plea of
368	guilty or nolo contendere no contest, the individual is not
369	entitled to unemployment benefits for up to 52 weeks, pursuant
370	to under rules adopted by the agency for Workforce Innovation,
371	and until he or she has earned income of at least 17 times his
372	or her weekly benefit amount. If, before an adjudication of
373	guilt, an admission of guilt, or a plea of nolo contendere no
374	contest, the employer proves by competent substantial evidence
375	to shows the agency for Workforce Innovation that the arrest was
376	due to a crime against the employer or the employer's business,
377	customers, or invitees and, after considering all the evidence,
378	the Agency for Workforce Innovation finds misconduct in
379	connection with the individual's work, the individual is not
380	entitled to unemployment benefits.
381	(b)  If the Agency for Workforce Innovation or the
382	Unemployment Appeals Commission finds that the individual was
383	terminated from work for any dishonest act in connection with
384	his or her work, the individual is not entitled to unemployment
385	benefits for up to 52 weeks, under rules adopted by the Agency
386	for Workforce Innovation, and until he or she has earned income
387	of at least 17 times his or her weekly benefit amount. In
388	addition, if the employer terminates an individual as a result
389	of a dishonest act in connection with his or her work and the
390	Agency for Workforce Innovation finds misconduct in connection
391	with his or her work, the individual is not entitled to
392	unemployment benefits.
393
394	With respect to an individual disqualified for benefits, the
395	account of the terminating employer, if the employer is in the
396	base period, is noncharged at the time the disqualification is
397	imposed.
398	(12)  For any week in which the individual is unavailable
399	for work due to incarceration or imprisonment.
400	Section 8.  Effective April 1, 2011, subsection (5) of
401	section 443.111, Florida Statutes, is amended to read:
402	443.111  Payment of benefits.-
403	(5)  DURATION OF BENEFITS.-
404	(a)  As used in this section, the term "Florida average
405	unemployment rate" means the average of the three months for the
406	most recent third calendar year quarter of the seasonally
407	adjusted statewide unemployment rates as published by the Agency
408	for Workforce Innovation.
409	(b)1.  Each otherwise eligible individual is entitled
410	during any benefit year to a total amount of benefits equal to
411	25 percent of the total wages in his or her base period, not to
412	exceed $5,500 or the product arrived at by multiplying the
413	weekly benefit amount with the number of weeks determined in
414	paragraph (c), whichever is less $7,150. However, the total
415	amount of benefits, if not a multiple of $1, is rounded downward
416	to the nearest full dollar amount. These benefits are payable at
417	a weekly rate no greater than the weekly benefit amount.
418	(c)  For claims submitted during a calendar year, the
419	duration of benefits is limited to:
420	1.  12 weeks if the Florida average unemployment rate is at
421	or below 5 percent.
422	2.  An additional week in addition to the 12 weeks for each
423	0.5 percent increment in the Florida average unemployment rate
424	above 5 percent.
425	3.  Up to a maximum of 20 weeks if the Florida average
426	unemployment rate equals or exceeds 9 percent.
427	(d)2.  For the purposes of this subsection, wages are
428	counted as "wages for insured work" for benefit purposes with
429	respect to any benefit year only if the benefit year begins
430	after the date the employing unit by whom the wages were paid
431	has satisfied the conditions of this chapter for becoming an
432	employer.
433	(e)(b)  If the remuneration of an individual is not based
434	upon a fixed period or duration of time or if the individual's
435	wages are paid at irregular intervals or in a manner that does
436	not extend regularly over the period of employment, the wages
437	for any week or for any calendar quarter for the purpose of
438	computing an individual's right to employment benefits only are
439	determined in the manner prescribed by rule. These rules, to the
440	extent practicable, must secure results reasonably similar to
441	those that would prevail if the individual were paid her or his
442	wages at regular intervals.
443	Section 9.  Paragraph (f) of subsection (13) of section
444	443.1216, Florida Statutes, is amended to read:
445	443.1216  Employment.-Employment, as defined in s. 443.036,
446	is subject to this chapter under the following conditions:
447	(13)  The following are exempt from coverage under this
448	chapter:
449	(f)  Service performed in the employ of a public employer
450	as defined in s. 443.036, except as provided in subsection (2),
451	and service performed in the employ of an instrumentality of a
452	public employer as described in s. 443.036(37)(35)(b) or (c), to
453	the extent that the instrumentality is immune under the United
454	States Constitution from the tax imposed by s. 3301 of the
455	Internal Revenue Code for that service.
456	Section 10.  Effective upon this act becoming a law and
457	retroactive to June 30, 2010, for tax rates effective on or
458	after January 1, 2011, paragraphs (b) and (e) of subsection (3)
459	of section 443.131, Florida Statutes, are amended to read:
460	443.131  Contributions.-
461	(3)  VARIATION OF CONTRIBUTION RATES BASED ON BENEFIT
462	EXPERIENCE.-
463	(b)  Benefit ratio.-
464	1.  As used in this paragraph, the term "annual payroll"
465	means the calendar quarter taxable payroll reported to the tax
466	collection service provider for the quarters used in computing
467	the benefit ratio. The term does not include a penalty resulting
468	from the untimely filing of required wage and tax reports. All
469	of the taxable payroll reported to the tax collection service
470	provider by the end of the quarter preceding the quarter for
471	which the contribution rate is to be computed must be used in
472	the computation.
473	2.  As used in this paragraph, the term "benefits charged
474	to the employer's employment record" means the amount of
475	benefits paid to individuals multiplied by:
476	a.  1.0 for benefits paid prior to July 1, 2007.
477	b.  0.9 for benefits paid during the period beginning on
478	July 1, 2007, and ending March 31, 2011.
479	c.  1.0 for benefits paid after March 31, 2011.
480	3.2.  For each calendar year, the tax collection service
481	provider shall compute a benefit ratio for each employer whose
482	employment record was chargeable for benefits during the 12
483	consecutive quarters ending June 30 of the calendar year
484	preceding the calendar year for which the benefit ratio is
485	computed. An employer's benefit ratio is the quotient obtained
486	by dividing the total benefits charged to the employer's
487	employment record during the 3-year period ending June 30 of the
488	preceding calendar year by the total of the employer's annual
489	payroll for the 3-year period ending June 30 of the preceding
490	calendar year. The benefit ratio shall be computed to the fifth
491	decimal place and rounded to the fourth decimal place.
492	4.3.  The tax collection service provider shall compute a
493	benefit ratio for each employer who was not previously eligible
494	under subparagraph 3. 2., whose contribution rate is set at the
495	initial contribution rate in paragraph (2)(a), and whose
496	employment record was chargeable for benefits during at least 8
497	calendar quarters immediately preceding the calendar quarter for
498	which the benefit ratio is computed. The employer's benefit
499	ratio is the quotient obtained by dividing the total benefits
500	charged to the employer's employment record during the first 6
501	of the 8 completed calendar quarters immediately preceding the
502	calendar quarter for which the benefit ratio is computed by the
503	total of the employer's annual payroll during the first 7 of the
504	9 completed calendar quarters immediately preceding the calendar
505	quarter for which the benefit ratio is computed. The benefit
506	ratio shall be computed to the fifth decimal place and rounded
507	to the fourth decimal place and applies for the remainder of the
508	calendar year. The employer must subsequently be rated on an
509	annual basis using up to 12 calendar quarters of benefits
510	charged and up to 12 calendar quarters of annual payroll. That
511	employer's benefit ratio is the quotient obtained by dividing
512	the total benefits charged to the employer's employment record
513	by the total of the employer's annual payroll during the
514	quarters used in his or her first computation plus the
515	subsequent quarters reported through June 30 of the preceding
516	calendar year. Each subsequent calendar year, the rate shall be
517	computed under subparagraph 3. 2. The tax collection service
518	provider shall assign a variation from the standard rate of
519	contributions in paragraph (c) on a quarterly basis to each
520	eligible employer in the same manner as an assignment for a
521	calendar year under paragraph (e).
522	(e)  Assignment of variations from the standard rate.-
523	1.  As used in this paragraph, the terms "total benefit
524	payments," "benefits paid to an individual," and "benefits
525	charged to the employment record of an employer" mean the amount
526	of benefits paid to individuals multiplied by:
527	a.  1.0 for benefits paid prior to July 1, 2007.
528	b.  0.9 for benefits paid during the period beginning on
529	July 1, 2007, and ending March 31, 2011.
530	c.  1.0 for benefits paid after March 31, 2011.
531	2.  For the calculation of contribution rates effective
532	January 1, 2010, and thereafter:
533	a.1.  The tax collection service provider shall assign a
534	variation from the standard rate of contributions for each
535	calendar year to each eligible employer. In determining the
536	contribution rate, varying from the standard rate to be assigned
537	each employer, adjustment factors computed under sub-sub-
538	subparagraphs (I)-(IV) sub-subparagraphs a.-d. are added to the
539	benefit ratio. This addition shall be accomplished in two steps
540	by adding a variable adjustment factor and a final adjustment
541	factor. The sum of these adjustment factors computed under sub-
542	sub-subparagraphs (I)-(IV) sub-subparagraphs a.-d. shall first
543	be algebraically summed. The sum of these adjustment factors
544	shall next be divided by a gross benefit ratio determined as
545	follows: Total benefit payments for the 3-year period described
546	in subparagraph (b)3. (b)2. are charged to employers eligible
547	for a variation from the standard rate, minus excess payments
548	for the same period, divided by taxable payroll entering into
549	the computation of individual benefit ratios for the calendar
550	year for which the contribution rate is being computed. The
551	ratio of the sum of the adjustment factors computed under sub-
552	sub-subparagraphs (I)-(IV) sub-subparagraphs a.-d. to the gross
553	benefit ratio is multiplied by each individual benefit ratio
554	that is less than the maximum contribution rate to obtain
555	variable adjustment factors; except that if the sum of an
556	employer's individual benefit ratio and variable adjustment
557	factor exceeds the maximum contribution rate, the variable
558	adjustment factor is reduced in order for the sum to equal the
559	maximum contribution rate. The variable adjustment factor for
560	each of these employers is multiplied by his or her taxable
561	payroll entering into the computation of his or her benefit
562	ratio. The sum of these products is divided by the taxable
563	payroll of the employers who entered into the computation of
564	their benefit ratios. The resulting ratio is subtracted from the
565	sum of the adjustment factors computed under sub-sub-
566	subparagraphs (I)-(IV) sub-subparagraphs a.-d. to obtain the
567	final adjustment factor. The variable adjustment factors and the
568	final adjustment factor must be computed to five decimal places
569	and rounded to the fourth decimal place. This final adjustment
570	factor is added to the variable adjustment factor and benefit
571	ratio of each employer to obtain each employer's contribution
572	rate. An employer's contribution rate may not, however, be
573	rounded to less than 0.1 percent.
574	(I)a.  An adjustment factor for noncharge benefits is
575	computed to the fifth decimal place and rounded to the fourth
576	decimal place by dividing the amount of noncharge benefits
577	during the 3-year period described in subparagraph (b)3. (b)2.
578	by the taxable payroll of employers eligible for a variation
579	from the standard rate who have a benefit ratio for the current
580	year which is less than the maximum contribution rate. For
581	purposes of computing this adjustment factor, the taxable
582	payroll of these employers is the taxable payrolls for the 3
583	years ending June 30 of the current calendar year as reported to
584	the tax collection service provider by September 30 of the same
585	calendar year. As used in this sub-sub-subparagraph sub-
586	subparagraph, the term "noncharge benefits" means benefits paid
587	to an individual from the Unemployment Compensation Trust Fund,
588	but which were not charged to the employment record of any
589	employer.
590	(II)b.  An adjustment factor for excess payments is
591	computed to the fifth decimal place, and rounded to the fourth
592	decimal place by dividing the total excess payments during the
593	3-year period described in subparagraph (b)3. (b)2. by the
594	taxable payroll of employers eligible for a variation from the
595	standard rate who have a benefit ratio for the current year
596	which is less than the maximum contribution rate. For purposes
597	of computing this adjustment factor, the taxable payroll of
598	these employers is the same figure used to compute the
599	adjustment factor for noncharge benefits under sub-sub-
600	subparagraph (I) sub-subparagraph a. As used in this sub-
601	subparagraph, the term "excess payments" means the amount of
602	benefits charged to the employment record of an employer during
603	the 3-year period described in subparagraph (b)3. (b)2., less
604	the product of the maximum contribution rate and the employer's
605	taxable payroll for the 3 years ending June 30 of the current
606	calendar year as reported to the tax collection service provider
607	by September 30 of the same calendar year. As used in this sub-
608	sub-subparagraph sub-subparagraph, the term "total excess
609	payments" means the sum of the individual employer excess
610	payments for those employers that were eligible for assignment
611	of a contribution rate different from the standard rate.
612	(III)c.  With respect to computing a positive adjustment
613	factor:
614	(A)(I)  Beginning January 1, 2012, if the balance of the
615	Unemployment Compensation Trust Fund on September 30 of the
616	calendar year immediately preceding the calendar year for which
617	the contribution rate is being computed is less than 4 percent
618	of the taxable payrolls for the year ending June 30 as reported
619	to the tax collection service provider by September 30 of that
620	calendar year, a positive adjustment factor shall be computed.
621	The positive adjustment factor is computed annually to the fifth
622	decimal place and rounded to the fourth decimal place by
623	dividing the sum of the total taxable payrolls for the year
624	ending June 30 of the current calendar year as reported to the
625	tax collection service provider by September 30 of that calendar
626	year into a sum equal to one-third of the difference between the
627	balance of the fund as of September 30 of that calendar year and
628	the sum of 5 percent of the total taxable payrolls for that
629	year. The positive adjustment factor remains in effect for
630	subsequent years until the balance of the Unemployment
631	Compensation Trust Fund as of September 30 of the year
632	immediately preceding the effective date of the contribution
633	rate equals or exceeds 5 percent of the taxable payrolls for the
634	year ending June 30 of the current calendar year as reported to
635	the tax collection service provider by September 30 of that
636	calendar year.
637	(B)(II)  Beginning January 1, 2015, and for each year
638	thereafter, the positive adjustment shall be computed by
639	dividing the sum of the total taxable payrolls for the year
640	ending June 30 of the current calendar year as reported to the
641	tax collection service provider by September 30 of that calendar
642	year into a sum equal to one-fourth of the difference between
643	the balance of the fund as of September 30 of that calendar year
644	and the sum of 5 percent of the total taxable payrolls for that
645	year. The positive adjustment factor remains in effect for
646	subsequent years until the balance of the Unemployment
647	Compensation Trust Fund as of September 30 of the year
648	immediately preceding the effective date of the contribution
649	rate equals or exceeds 4 percent of the taxable payrolls for the
650	year ending June 30 of the current calendar year as reported to
651	the tax collection service provider by September 30 of that
652	calendar year.
653	(IV)d.  If, beginning January 1, 2015, and each year
654	thereafter, the balance of the Unemployment Compensation Trust
655	Fund as of September 30 of the year immediately preceding the
656	calendar year for which the contribution rate is being computed
657	exceeds 5 percent of the taxable payrolls for the year ending
658	June 30 of the current calendar year as reported to the tax
659	collection service provider by September 30 of that calendar
660	year, a negative adjustment factor must be computed. The
661	negative adjustment factor shall be computed annually beginning
662	on January 1, 2015, and each year thereafter, to the fifth
663	decimal place and rounded to the fourth decimal place by
664	dividing the sum of the total taxable payrolls for the year
665	ending June 30 of the current calendar year as reported to the
666	tax collection service provider by September 30 of the calendar
667	year into a sum equal to one-fourth of the difference between
668	the balance of the fund as of September 30 of the current
669	calendar year and 5 percent of the total taxable payrolls of
670	that year. The negative adjustment factor remains in effect for
671	subsequent years until the balance of the Unemployment
672	Compensation Trust Fund as of September 30 of the year
673	immediately preceding the effective date of the contribution
674	rate is less than 5 percent, but more than 4 percent of the
675	taxable payrolls for the year ending June 30 of the current
676	calendar year as reported to the tax collection service provider
677	by September 30 of that calendar year. The negative adjustment
678	authorized by this section is suspended in any calendar year in
679	which repayment of the principal amount of an advance received
680	from the federal Unemployment Compensation Trust Fund under 42
681	U.S.C. s. 1321 is due to the Federal Government.
682	(V)e.  The maximum contribution rate that may be assigned
683	to an employer is 5.4 percent, except employers participating in
684	an approved short-time compensation plan may be assigned a
685	maximum contribution rate that is 1 percent greater than the
686	maximum contribution rate for other employers in any calendar
687	year in which short-time compensation benefits are charged to
688	the employer's employment record.
689	(VI)f.  As used in this subsection, "taxable payroll" shall
690	be determined by excluding any part of the remuneration paid to
691	an individual by an employer for employment during a calendar
692	year in excess of the first $7,000. Beginning January 1, 2012,
693	"taxable payroll" shall be determined by excluding any part of
694	the remuneration paid to an individual by an employer for
695	employment during a calendar year as described in s.
696	443.1217(2). For the purposes of the employer rate calculation
697	that will take effect in January 1, 2012, and in January 1,
698	2013, the tax collection service provider shall use the data
699	available for taxable payroll from 2009 based on excluding any
700	part of the remuneration paid to an individual by an employer
701	for employment during a calendar year in excess of the first
702	$7,000, and from 2010 and 2011, the data available for taxable
703	payroll based on excluding any part of the remuneration paid to
704	an individual by an employer for employment during a calendar
705	year in excess of the first $8,500.
706	b.2.  If the transfer of an employer's employment record to
707	an employing unit under paragraph (f) which, before the
708	transfer, was an employer, the tax collection service provider
709	shall recompute a benefit ratio for the successor employer based
710	on the combined employment records and reassign an appropriate
711	contribution rate to the successor employer effective on the
712	first day of the calendar quarter immediately after the
713	effective date of the transfer.
714	Section 11.  Present paragraph (f) of subsection (1) of
715	section 443.141, Florida Statutes, is redesignated as paragraph
716	(g), and new paragraph (f) is added to that subsection to read:
717	443.141  Collection of contributions and reimbursements.-
718	(1)  PAST DUE CONTRIBUTIONS AND REIMBURSEMENTS; DELINQUENT,
719	ERRONEOUS, INCOMPLETE, OR INSUFFICIENT REPORTS.-
720	(f)  Payments for 2012, 2013, and 2014 Contributions.-For
721	an annual administrative fee not to exceed $5, a contributing
722	employer may pay its quarterly contributions due for wages paid
723	in the first three quarters of 2012, 2013, and 2014 in equal
724	installments if those contributions are paid as follows:
725	1.  For contributions due for wages paid in the first
726	quarter of each year, one-fourth of the contributions due must
727	be paid on or before April 30, one-fourth must be paid on or
728	before July 31, one-fourth must be paid on or before October 31,
729	and one-fourth must be paid on or before December 31.
730	2.  In addition to the payments specified in subparagraph
731	1., for contributions due for wages paid in the second quarter
732	of each year, one-third of the contributions due must be paid on
733	or before July 31, one-third must be paid on or before October
734	31, and one-third must be paid on or before December 31.
735	3.  In addition to the payments specified in subparagraphs
736	1. and 2., for contributions due for wages paid in the third
737	quarter of each year, one-half of the contributions due must be
738	paid on or before October 31, and one-half must be paid on or
739	before December 31.
740	4.  The annual administrative fee assessed for electing to
741	pay under the installment method shall be collected at the time
742	the employer makes the first installment payment each year. The
743	fee shall be segregated from the payment and deposited into the
744	Operating Trust Fund of the Department of Revenue.
745	5.  Interest does not accrue on any contribution that
746	becomes due for wages paid in the first three quarters of each
747	year if the employer pays the contribution in accordance with
748	subparagraphs 1.-4. Interest and fees continue to accrue on
749	prior delinquent contributions and commence accruing on all
750	contributions due for wages paid in the first three quarters of
751	each year which are not paid in accordance with subparagraphs
752	1.-3. Penalties may be assessed in accordance with this chapter.
753	The contributions due for wages paid in the fourth quarter of
754	2012, 2013, and 2014 are not affected by this paragraph and are
755	due and payable in accordance with this chapter.
756	Section 12.  Paragraphs (b) and (d) of subsection (3) and
757	paragraphs (b) and (e) of subsection (4) of section 443.151,
758	Florida Statutes, are amended to read:
759	443.151  Procedure concerning claims.-
760	(3)  DETERMINATION OF ELIGIBILITY.-
761	(b)  Monetary determinations.-In addition to the notice of
762	claim, the Agency for Workforce Innovation must shall also
763	promptly provide an initial monetary determination to the
764	claimant and each base period employer whose account is subject
765	to being charged for its respective share of benefits on the
766	claim. The monetary determination must include a statement of
767	whether and in what amount the claimant is entitled to benefits,
768	and, in the event of a denial, must state the reasons for the
769	denial. A monetary determination for the first week of a benefit
770	year must also include a statement of whether the claimant was
771	paid the wages required under s. 443.091(1)(g) and, if so, the
772	first day of the benefit year, the claimant's weekly benefit
773	amount, and the maximum total amount of benefits payable to the
774	claimant for a benefit year. The monetary determination is final
775	unless within 20 days after the mailing of the notices to the
776	parties' last known addresses, or in lieu of mailing, within 20
777	days after the delivery of the notices, an appeal or written
778	request for reconsideration is filed by the claimant or other
779	party entitled to notice. The agency may adopt rules as
780	necessary to implement the processes described in this paragraph
781	relating to notices of monetary determinations and the appeals
782	or reconsideration requests filed in response to such notices.
783	(d)  Determinations in labor dispute cases.-If a Whenever
784	any claim involves a labor dispute described in s. 443.101(4),
785	the Agency for Workforce Innovation shall promptly assign the
786	claim to a special examiner who shall make a determination on
787	the issues involving unemployment due to the labor dispute. The
788	special examiner shall make the determination after an
789	investigation, as necessary. The claimant or another party
790	entitled to notice of the determination may appeal a
791	determination under subsection (4).
792	(4)  APPEALS.-
793	(b)  Filing and hearing.-
794	1.  The claimant or any other party entitled to notice of a
795	determination may appeal an adverse determination to an appeals
796	referee within 20 days after the date of mailing of the notice
797	to her or his last known address or, if the notice is not
798	mailed, within 20 days after the date of delivery of the notice.
799	2.  Unless the appeal is untimely or withdrawn or review is
800	initiated by the commission, the appeals referee, after mailing
801	all parties and attorneys of record a notice of hearing at least
802	10 days before the date of hearing, notwithstanding the 14-day
803	notice requirement in s. 120.569(2)(b), may only affirm, modify,
804	or reverse the determination. An appeal may not be withdrawn
805	without the permission of the appeals referee.
806	3.  However, when an appeal appears to have been filed
807	after the permissible time limit, the Office of Appeals may
808	issue an order to show cause to the appellant, requiring the
809	appellant to show why the appeal should not be dismissed as
810	untimely. If the appellant does not, within 15 days after the
811	mailing date of the order to show cause, provide written
812	evidence of timely filing or good cause for failure to appeal
813	timely, the appeal shall be dismissed.
814	4.  When an appeal involves a question of whether services
815	were performed by a claimant in employment or for an employer,
816	the referee must give special notice of the question and of the
817	pendency of the appeal to the employing unit and to the Agency
818	for Workforce Innovation, both of which become parties to the
819	proceeding.
820	5.a.  Any part of the evidence may be received in written
821	form, and all testimony of parties and witnesses shall be made
822	under oath.
823	b.  Irrelevant, immaterial, or unduly repetitious evidence
824	shall be excluded, but all other evidence of a type commonly
825	relied upon by reasonably prudent persons in the conduct of
826	their affairs shall be admissible, whether or not such evidence
827	would be admissible in a trial in the courts of the state.
828	c.  Hearsay evidence may be used for the purpose of
829	supplementing or explaining other evidence, or to support a
830	finding if it would be admissible over objection in civil
831	actions. Notwithstanding s. 120.57(1)(c), hearsay evidence may
832	support a finding of fact if:
833	(I)  The party against whom it is offered has a reasonable
834	opportunity to review such evidence prior to the hearing; and
835	(II)  The appeals referee or special deputy determines,
836	after considering all relevant facts and circumstances, that the
837	evidence is trustworthy and probative and that the interests of
838	justice will best be served by its admission into evidence.
839	6.5.  The parties must be notified promptly of the
840	referee's decision. The referee's decision is final unless
841	further review is initiated under paragraph (c) within 20 days
842	after the date of mailing notice of the decision to the party's
843	last known address or, in lieu of mailing, within 20 days after
844	the delivery of the notice.
845	(e)  Judicial review.-Orders of the commission entered
846	under paragraph (c) are subject to review only by notice of
847	appeal in the district court of appeal in the appellate district
848	in which a claimant resides or the job separation arose or in
849	the appellate district where the order was issued the issues
850	involved were decided by an appeals referee. However, if the
851	notice of appeal is filed solely with the commission, the appeal
852	shall be filed in the district court of appeal in the appellate
853	district in which the order was issued. Notwithstanding chapter
854	120, the commission is a party respondent to every such
855	proceeding. The Agency for Workforce Innovation may initiate
856	judicial review of orders in the same manner and to the same
857	extent as any other party.
858	Section 13.  Section (10) is added to section 443.171,
859	Florida Statutes, to read:
860	443.171  Agency for Workforce Innovation and commission;
861	powers and duties; records and reports; proceedings; state-
862	federal cooperation.-
863	(10)  EVIDENCE OF MAILING.-The existence of a mailing date
864	on any notice, determination, decision, order, or other document
865	mailed by the Agency for Workforce Innovation or its tax
866	collection service provider pursuant to this chapter creates a
867	rebuttable presumption that such notice, determination, order,
868	or other document was mailed on the date indicated.
869	Section 14.  Notwithstanding the expiration date contained
870	in section 1 of chapter 2010-90, Laws of Florida, operating
871	retroactive to June 2, 2010, and expiring January 4, 2012,
872	section 443.1117, Florida Statutes, is revived, readopted, and
873	amended to read:
874	443.1117  Temporary extended benefits.-
875	(1)  APPLICABILITY OF EXTENDED BENEFITS STATUTE.-Except if
876	the result is inconsistent with other provisions of this
877	section, s. 443.1115(2), (3), (4), (6), and (7) apply to all
878	claims covered by this section.
879	(2)  DEFINITIONS.-As used in For the purposes of this
880	section, the term:
881	(a)  "Regular benefits" and "extended benefits" have the
882	same meaning as in s. 443.1115.
883	(b)  "Eligibility period" means the weeks in an
884	individual's benefit year or emergency benefit period which
885	begin in an extended benefit period and, if the benefit year or
886	emergency benefit period ends within that extended benefit
887	period, any subsequent weeks beginning in that period.
888	(c)  "Emergency benefits" means Emergency Unemployment
889	Compensation paid pursuant to Pub. L. No. 110-252, Pub. L. No.
890	110-449, Pub. L. No. 111-5, Pub. L. No. 111-92, Pub. L. No. 111-
891	118, Pub. L. No. 111-144, and Pub. L. No. 111-157, Pub. L. No.
892	111-205, and Pub. L. No. 111-312.
893	(d)  "Extended benefit period" means a period that:
894	1.  Begins with the third week after a week for which there
895	is a state "on" indicator; and
896	2.  Ends with any of the following weeks, whichever occurs
897	later:
898	a.  The third week after the first week for which there is
899	a state "off" indicator; or
900	b.  The 13th consecutive week of that period.
901
902	However, an extended benefit period may not begin by reason of a
903	state "on" indicator before the 14th week after the end of a
904	prior extended benefit period that was in effect for this state.
905	(e)  "Emergency benefit period" means the period during
906	which an individual receives emergency benefits as defined in
907	paragraph (c).
908	(f)  "Exhaustee" means an individual who, for any week of
909	unemployment in her or his eligibility period:
910	1.  Has received, before that week, all of the regular
911	benefits and emergency benefits, if any, available under this
912	chapter or any other law, including dependents' allowances and
913	benefits payable to federal civilian employees and ex-
914	servicemembers under 5 U.S.C. ss. 8501-8525, in the current
915	benefit year or emergency benefit period that includes that
916	week. For the purposes of this subparagraph, an individual has
917	received all of the regular benefits and emergency benefits, if
918	any, available even if although, as a result of a pending appeal
919	for wages paid for insured work which were not considered in the
920	original monetary determination in the benefit year, she or he
921	may subsequently be determined to be entitled to added regular
922	benefits;
923	2.  Had a benefit year that which expired before that week,
924	and was paid no, or insufficient, wages for insured work on the
925	basis of which she or he could establish a new benefit year that
926	includes that week; and
927	3.a.  Has no right to unemployment benefits or allowances
928	under the Railroad Unemployment Insurance Act or other federal
929	laws as specified in regulations issued by the United States
930	Secretary of Labor; and
931	b.  Has not received and is not seeking unemployment
932	benefits under the unemployment compensation law of Canada; but
933	if an individual is seeking those benefits and the appropriate
934	agency finally determines that she or he is not entitled to
935	benefits under that law, she or he is considered an exhaustee.
936	(g)  "State 'on' indicator" means, with respect to weeks of
937	unemployment beginning on or after February 1, 2009, and ending
938	on or before December 10, 2011 May 8, 2010, the occurrence of a
939	week in which the average total unemployment rate, seasonally
940	adjusted, as determined by the United States Secretary of Labor,
941	for the most recent 3 months for which data for all states are
942	published by the United States Department of Labor:
943	1.  Equals or exceeds 110 percent of the average of those
944	rates for the corresponding 3-month period ending in any or all
945	each of the preceding 3 2 calendar years; and
946	2.  Equals or exceeds 6.5 percent.
947	(h)  "High unemployment period" means, with respect to
948	weeks of unemployment beginning on or after February 1, 2009,
949	and ending on or before December 10, 2011 May 8, 2010, any week
950	in which the average total unemployment rate, seasonally
951	adjusted, as determined by the United States Secretary of Labor,
952	for the most recent 3 months for which data for all states are
953	published by the United States Department of Labor:
954	1.  Equals or exceeds 110 percent of the average of those
955	rates for the corresponding 3-month period ending in any or all
956	each of the preceding 3 2 calendar years; and
957	2.  Equals or exceeds 8 percent.
958	(i)  "State 'off' indicator" means the occurrence of a week
959	in which there is no state "on" indicator or which does not
960	constitute a high unemployment period.
961	(3)  TOTAL EXTENDED BENEFIT AMOUNT.-Except as provided in
962	subsection (4):
963	(a)  For any week for which there is an "on" indicator
964	pursuant to paragraph (2)(g), the total extended benefit amount
965	payable to an eligible individual for her or his applicable
966	benefit year is the lesser of:
967	1.  Fifty percent of the total regular benefits payable
968	under this chapter in the applicable benefit year; or
969	2.  Thirteen times the weekly benefit amount payable under
970	this chapter for a week of total unemployment in the applicable
971	benefit year.
972	(b)  For any high unemployment period, the total extended
973	benefit amount payable to an eligible individual for her or his
974	applicable benefit year is the lesser of:
975	1.  Eighty percent of the total regular benefits payable
976	under this chapter in the applicable benefit year; or
977	2.  Twenty times the weekly benefit amount payable under
978	this chapter for a week of total unemployment in the applicable
979	benefit year.
980	(4)  EFFECT ON TRADE READJUSTMENT.-Notwithstanding any
981	other provision of this chapter, if the benefit year of an
982	individual ends within an extended benefit period, the number of
983	weeks of extended benefits the individual is entitled to receive
984	in that extended benefit period for weeks of unemployment
985	beginning after the end of the benefit year, except as provided
986	in this section, is reduced, but not to below zero, by the
987	number of weeks for which the individual received, within that
988	benefit year, trade readjustment allowances under the Trade Act
989	of 1974, as amended.
990	Section 15.  If any provision of this act or its
991	application to any person or circumstance is held invalid, the
992	invalidity does not affect other provisions or applications of
993	the act which can be given effect without the invalid provision
994	or application, and to this end the provisions of this act are
995	severable.
996	Section 16.  The provisions of s. 443.1117, Florida
997	Statutes, as revived, readopted, and amended by this act, apply
998	only to claims for weeks of unemployment in which an exhaustee
999	establishes entitlement to extended benefits pursuant to that
1000	section which are established for the period between December
1001	17, 2010, and January 4, 2012.
1002	Section 17.  For the 2011-2012 fiscal year, the sum of
1003	$242,300 in nonrecurring funds is appropriated from the
1004	Operating Trust Fund to the Administration of Unemployment
1005	Compensation Tax Special Category in the Department of Revenue
1006	to be used to implement this act. In addition, for the 2010-2011
1007	fiscal year, the sum of $256,891 in nonrecurring funds is
1008	appropriated from the Employment Security Administration Trust
1009	Fund in the contracted services appropriation category to the
1010	Agency for Workforce Innovation to be used to contract with the
1011	Department of Revenue for tax-related services as required to
1012	implement this act.
1013	Section 18.  The Legislature finds that this act fulfills
1014	an important state interest.
1015	Section 19.  Except as otherwise expressly provided in this
1016	act, this act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.