Florida Senate - 2011                              CS for SB 728
       
       
       
       By the Committee on Commerce and Tourism; and Senator Detert
       
       
       
       
       577-02013-11                                           2011728c1
    1                        A bill to be entitled                      
    2         An act relating to unemployment compensation; amending
    3         s. 213.053, F.S.; increasing the number of employer
    4         payroll service providers who qualify for access to
    5         unemployment tax information by filing a memorandum of
    6         understanding; amending s. 443.036, F.S.; revising the
    7         definitions for “available for work,” “earned income,”
    8         “misconduct,” and “unemployment”; adding a definition
    9         for “initial skills review”; amending s. 443.091,
   10         F.S.; revising requirements for making continued
   11         claims for benefits; requiring that an individual
   12         claiming benefits report certain information and
   13         participate in an initial skills review; providing an
   14         exception; specifying criteria for determining an
   15         applicant’s availability for work; amending s.
   16         443.101, F.S.; clarifying “good cause” for voluntarily
   17         leaving employment; specifying acts that are “gross
   18         misconduct” for purposes of discharging an employee
   19         and disqualifying him or her for benefits; revising
   20         the criteria for determining suitable work to reduce
   21         the number of weeks a person may receive benefits
   22         before having to accept a job that pays a certain
   23         amount; disqualifying a person for benefits due to the
   24         receipt of severance pay; revising provisions relating
   25         to the effect of criminal acts on eligibility for
   26         benefits; disqualifying an individual for benefits for
   27         any week he or she is incarcerated; amending s.
   28         443.111, F.S.; conforming provisions to changes made
   29         by the act; amending s. 443.1115, F.S.; conforming
   30         cross-references; reviving, readopting, and amending
   31         s. 443.1117, F.S., relating to temporary extended
   32         benefits; providing for retroactive application;
   33         providing for applicability relating to extended
   34         benefits for certain weeks and for periods of high
   35         unemployment; providing for applicability; amending s.
   36         443.1216, F.S.; providing that employee leasing
   37         companies may make a one-time election to report
   38         leased employees under the respective unemployment
   39         account of each leasing company client; providing
   40         procedures and application for such election;
   41         conforming a cross-reference; amending s. 443.141,
   42         F.S.; providing an employer payment schedule for 2012,
   43         2013, and 2014 contributions; requiring an employer to
   44         pay a fee for paying contributions on a quarterly
   45         schedule; providing penalties, interest, and fees on
   46         delinquent contributions; amending s. 443.151, F.S.;
   47         requiring claims to be submitted by electronic means;
   48         conforming cross-references; specifying the allowable
   49         forms of evidence in an appeal hearing; specifying the
   50         judicial venue for filing a notice of appeal;
   51         providing for repayment of benefits in cases of agency
   52         error; amending s. 443.171, F.S.; specifying that
   53         evidence of mailing an agency document creates a
   54         rebuttable presumption; providing that the act
   55         fulfills an important state interest; providing
   56         effective dates.
   57  
   58  Be It Enacted by the Legislature of the State of Florida:
   59  
   60         Section 1. Subsection (4) of section 213.053, Florida
   61  Statutes, as amended by chapter 2010-280, Laws of Florida, is
   62  amended to read:
   63         213.053 Confidentiality and information sharing.—
   64         (4) The department, while providing unemployment tax
   65  collection services under contract with the Agency for Workforce
   66  Innovation through an interagency agreement pursuant to s.
   67  443.1316, may release unemployment tax rate information to the
   68  agent of an employer, which agent provides payroll services for
   69  more than 100 500 employers, pursuant to the terms of a
   70  memorandum of understanding. The memorandum of understanding
   71  must state that the agent affirms, subject to the criminal
   72  penalties contained in ss. 443.171 and 443.1715, that the agent
   73  will retain the confidentiality of the information, that the
   74  agent has in effect a power of attorney from the employer which
   75  permits the agent to obtain unemployment tax rate information,
   76  and that the agent shall provide the department with a copy of
   77  the employer’s power of attorney upon request.
   78         Section 2. Effective July 1, 2011, present subsections (26)
   79  through (45) of section 443.036, Florida Statutes, are
   80  redesignated as subsection (27) through (46) respectively, new
   81  subsection (26) is added to that section, and present
   82  subsections (6), (9), (16), (29), and (43) of that section are
   83  amended, to read:
   84         443.036 Definitions.—As used in this chapter, the term:
   85         (6) “Available for work” means actively seeking and being
   86  ready and willing to accept suitable work employment.
   87         (9) “Benefit year” means, for an individual, the 1-year
   88  period beginning with the first day of the first week for which
   89  the individual first files a valid claim for benefits and,
   90  thereafter, the 1-year period beginning with the first day of
   91  the first week for which the individual next files a valid claim
   92  for benefits after the termination of his or her last preceding
   93  benefit year. Each claim for benefits made in accordance with s.
   94  443.151(2) is a valid claim under this subsection if the
   95  individual was paid wages for insured work in accordance with s.
   96  443.091(1)(g) and is unemployed as defined in subsection (43) at
   97  the time of filing the claim. However, the Agency for Workforce
   98  Innovation may adopt rules providing for the establishment of a
   99  uniform benefit year for all workers in one or more groups or
  100  classes of service or within a particular industry if the agency
  101  determines, after notice to the industry and to the workers in
  102  the industry and an opportunity to be heard in the matter, that
  103  those groups or classes of workers in a particular industry
  104  periodically experience unemployment resulting from layoffs or
  105  shutdowns for limited periods of time.
  106         (16) “Earned income” means gross remuneration derived from
  107  work, professional service, or self-employment. The term
  108  includes commissions, bonuses, back pay awards or back pay
  109  settlements, front pay or front wages, and the cash value of all
  110  remuneration paid in a medium other than cash. The term does not
  111  include income derived from invested capital or ownership of
  112  property.
  113         (26) “Initial skills review” means an online education or
  114  training program, such as that established under s. 1004.99,
  115  which is approved by the Agency for Workforce Innovation and
  116  designed to measure an individual’s mastery level of workplace
  117  skills.
  118         (30)(29) “Misconduct” includes, but is not limited to, the
  119  following, which may not be construed in pari materia with each
  120  other:
  121         (a) Conduct demonstrating conscious willful or wanton
  122  disregard of an employer’s interests and found to be a
  123  deliberate violation or disregard of reasonable the standards of
  124  behavior which the employer has a right to expect of his or her
  125  employee, including standards lawfully set forth in the
  126  employer’s written rules of conduct; or
  127         (b) Carelessness or negligence to a degree or recurrence
  128  that manifests culpability or, wrongful intent, or evil design
  129  or shows an intentional and substantial disregard of the
  130  employer’s interests or of the employee’s duties and obligations
  131  to his or her employer.
  132         (44)(43) “Unemployment” or “unemployed” means:
  133         (a) An individual is “totally unemployed” in any week
  134  during which he or she does not perform any services and for
  135  which earned income is not payable to him or her. An individual
  136  is “partially unemployed” in any week of less than full-time
  137  work if the earned income payable to him or her for that week is
  138  less than his or her weekly benefit amount. The Agency for
  139  Workforce Innovation may adopt rules prescribing distinctions in
  140  the procedures for unemployed individuals based on total
  141  unemployment, part-time unemployment, partial unemployment of
  142  individuals attached to their regular jobs, and other forms of
  143  short-time work.
  144         (b) An individual’s week of unemployment commences only
  145  after his or her registration with the Agency for Workforce
  146  Innovation as required in s. 443.091, except as the agency may
  147  otherwise prescribe by rule.
  148         Section 3. Effective July 1, 2011, paragraphs (b), (c),
  149  (d), and (f) of subsection (1) of section 443.091, Florida
  150  Statutes, are amended to read:
  151         443.091 Benefit eligibility conditions.—
  152         (1) An unemployed individual is eligible to receive
  153  benefits for any week only if the Agency for Workforce
  154  Innovation finds that:
  155         (b) She or he has registered with the agency for work and
  156  subsequently reports to the one-stop career center as directed
  157  by the regional workforce board for reemployment services. This
  158  requirement does not apply to persons who are:
  159         1. Non-Florida residents;
  160         2. On a temporary layoff, as defined in s. 443.036(42);
  161         3. Union members who customarily obtain employment through
  162  a union hiring hall; or
  163         4. Claiming benefits under an approved short-time
  164  compensation plan as provided in s. 443.1116.
  165         (c) To make continued claims for benefits, she or he is
  166  reporting to the Agency for Workforce Innovation in accordance
  167  with this paragraph and agency its rules, and participating in
  168  an initial skills review as directed by the agency. Agency These
  169  rules may not conflict with s. 443.111(1)(b), which requires
  170  including the requirement that each claimant continue to report
  171  regardless of any pending appeal relating to her or his
  172  eligibility or disqualification for benefits.
  173         1. For each week of unemployment claimed, each report must,
  174  at a minimum, include the name, address, and telephone number of
  175  each prospective employer contacted pursuant to paragraph (d).
  176         2. The administrator or operator of the initial skills
  177  review shall notify the agency when the individual completes the
  178  initial skills review and report the results of the review to
  179  the regional workforce board or the one-stop career center as
  180  directed by the workforce board. The workforce board shall use
  181  the initial skills review to develop a plan for referring
  182  individuals to training and employment opportunities. The
  183  failure of the individual to comply with this requirement will
  184  result in the individual being determined ineligible for
  185  benefits for the week in which the noncompliance occurred and
  186  for any subsequent week of unemployment until the requirement is
  187  satisfied. However, this requirement does not apply if the
  188  individual is able to affirmatively attest to being unable to
  189  complete such review due to illiteracy or a language impediment.
  190         (d) She or he is able to work and is available for work. In
  191  order to assess eligibility for a claimed week of unemployment,
  192  the agency shall develop criteria to determine a claimant’s
  193  ability to work and availability for work. A claimant must be
  194  actively seeking work in order to be considered available for
  195  work. This means engaging in systematic and sustained efforts to
  196  find work, including contacting at least five prospective
  197  employers for each week of unemployment claimed. The agency may
  198  require the claimant to provide proof of such efforts to the
  199  one-stop career center as part of reemployment services. The
  200  agency shall conduct random reviews of work search information
  201  provided by claimants. However:
  202         1. Notwithstanding any other provision of this paragraph or
  203  paragraphs (b) and (e), an otherwise eligible individual may not
  204  be denied benefits for any week because she or he is in training
  205  with the approval of the agency, or by reason of s. 443.101(3)
  206  443.101(2) relating to failure to apply for, or refusal to
  207  accept, suitable work. Training may be approved by the agency in
  208  accordance with criteria prescribed by rule. A claimant’s
  209  eligibility during approved training is contingent upon
  210  satisfying eligibility conditions prescribed by rule.
  211         2. Notwithstanding any other provision of this chapter, an
  212  otherwise eligible individual who is in training approved under
  213  s. 236(a)(1) of the Trade Act of 1974, as amended, may not be
  214  determined ineligible or disqualified for benefits due to her or
  215  his enrollment in such training or because of leaving work that
  216  is not suitable employment to enter such training. As used in
  217  this subparagraph, the term “suitable employment” means work of
  218  a substantially equal or higher skill level than the worker’s
  219  past adversely affected employment, as defined for purposes of
  220  the Trade Act of 1974, as amended, the wages for which are at
  221  least 80 percent of the worker’s average weekly wage as
  222  determined for purposes of the Trade Act of 1974, as amended.
  223         3. Notwithstanding any other provision of this section, an
  224  otherwise eligible individual may not be denied benefits for any
  225  week because she or he is before any state or federal court
  226  pursuant to a lawfully issued summons to appear for jury duty.
  227         (f) She or he has been unemployed for a waiting period of 1
  228  week. A week may not be counted as a week of unemployment under
  229  this subsection unless:
  230         1. Unless It occurs within the benefit year that includes
  231  the week for which she or he claims payment of benefits.
  232         2. If Benefits have been paid for that week.
  233         3. Unless The individual was eligible for benefits for that
  234  week as provided in this section and s. 443.101, except for the
  235  requirements of this subsection and of s. 443.101(6) 443.101(5).
  236         Section 4. Effective July 1, 2011, paragraph (a) of
  237  subsection (1) and present subsections (2), (3), (9), and (11)
  238  of section 443.101, Florida Statutes, are amended, present
  239  subsections (2) through (11) of that section are redesignated as
  240  subsections (3) through (13), respectively, and new subsections
  241  (2) and (12) are added to that section, to read:
  242         443.101 Disqualification for benefits.—An individual shall
  243  be disqualified for benefits:
  244         (1)(a) For the week in which he or she has voluntarily left
  245  work without good cause attributable to his or her employing
  246  unit or in which the individual has been discharged by the
  247  employing unit for misconduct connected with his or her work,
  248  based on a finding by the Agency for Workforce Innovation. As
  249  used in this paragraph, the term “work” means any work, whether
  250  full-time, part-time, or temporary.
  251         1. Disqualification for voluntarily quitting continues for
  252  the full period of unemployment next ensuing after the
  253  individual has left his or her full-time, part-time, or
  254  temporary work voluntarily without good cause and until the
  255  individual has earned income equal to or greater than in excess
  256  of 17 times his or her weekly benefit amount. As used in this
  257  subsection, the term “good cause” includes only that cause
  258  attributable to the employing unit which would compel a
  259  reasonable individual to cease working or attributable to which
  260  consists of the individual’s illness or disability requiring
  261  separation from his or her work. Any other disqualification may
  262  not be imposed. An individual is not disqualified under this
  263  subsection for voluntarily leaving temporary work to return
  264  immediately when called to work by the permanent employing unit
  265  that temporarily terminated his or her work within the previous
  266  6 calendar months, or. An individual is not disqualified under
  267  this subsection for voluntarily leaving work to relocate as a
  268  result of his or her military-connected spouse’s permanent
  269  change of station orders, activation orders, or unit deployment
  270  orders.
  271         2. Disqualification for being discharged for misconduct
  272  connected with his or her work continues for the full period of
  273  unemployment next ensuing after having been discharged and until
  274  the individual is reemployed and has earned income of at least
  275  17 times his or her weekly benefit amount and for not more than
  276  52 weeks that immediately following follow that week, as
  277  determined by the agency in each case according to the
  278  circumstances in each case or the seriousness of the misconduct,
  279  under the agency’s rules adopted for determining determinations
  280  of disqualification for benefits for misconduct.
  281         3. If an individual has provided notification to the
  282  employing unit of his or her intent to voluntarily leave work
  283  and the employing unit discharges the individual for reasons
  284  other than misconduct before the date the voluntary quit was to
  285  take effect, the individual, if otherwise entitled, shall
  286  receive benefits from the date of the employer’s discharge until
  287  the effective date of his or her voluntary quit.
  288         4. If an individual is notified by the employing unit of
  289  the employer’s intent to discharge the individual for reasons
  290  other than misconduct and the individual quits without good
  291  cause, as defined in this section, before the date the discharge
  292  was to take effect, the claimant is ineligible for benefits
  293  pursuant to s. 443.091(1)(d) for failing to be available for
  294  work for the week or weeks of unemployment occurring before the
  295  effective date of the discharge.
  296         (2) For the week the individual has been discharged by the
  297  employing unit for gross misconduct, based on a finding by the
  298  Agency for Workforce Innovation. Disqualification for being
  299  discharged for gross misconduct continues for the full period of
  300  unemployment next ensuing after having been discharged and until
  301  the individual is reemployed and has earned income of at least
  302  17 times his or her weekly benefit amount. As used in this
  303  subsection, the term “gross misconduct” means any of the
  304  following:
  305         (a) Willful or reckless damage to an employer’s property
  306  which results in damage of more than $50.
  307         (b) Theft of the property of an employer, a customer, or an
  308  invitee of the employer.
  309         (c) Violation of an employer’s policy relating to the
  310  consumption of alcohol or drugs on the employer property, being
  311  under the influence of alcohol or drugs on employer property, or
  312  using alcohol or drugs while on the job or on duty. As used in
  313  this paragraph, the term “alcohol or drugs” has the same meaning
  314  as in s. 440.102(1)(c).
  315         (d) Failure to comply with an employer’s drug and alcohol
  316  testing and use policies while on the job or on duty.
  317         (e) Failure to comply with applicable state or federal drug
  318  and alcohol testing and use regulations, including, but not
  319  limited to, 49 C.F.R. part 40 and part 382 of the Federal Motor
  320  Carrier Safety Regulations, while on the job or on duty, and
  321  regulations applicable to employees performing transportation
  322  and other safety-sensitive job functions as defined by the
  323  Federal Government.
  324         (f) Criminal assault or battery of another employee or of a
  325  customer or invitee of the employer.
  326         (g) Abuse of a patient, resident, disabled person, elderly
  327  person, or child in her or his professional care.
  328         (h) Insubordination, which is defined as the willful
  329  failure to comply with a lawful, reasonable order of a
  330  supervisor which is directly related to the employee’s
  331  employment as described in an applicable written job
  332  description, the written rules of conduct, or other lawful
  333  directive of the employer. The employee must have received at
  334  least one written warning from the employer before being
  335  discharged from employment.
  336         (i) Willful neglect of duty directly related to the
  337  employee’s employment as described in an applicable written job
  338  description or written rules of conduct. The employee must have
  339  received at least one written warning from the employer before
  340  being discharged from employment.
  341         (j) Failure to maintain a license, registration, or
  342  certification required by law in order for the employee to
  343  perform her or his assigned job duties as described in an
  344  written job description.
  345         (3)(2) If the Agency for Workforce Innovation finds that
  346  the individual has failed without good cause to apply for
  347  available suitable work when directed by the agency or the one
  348  stop career center, to accept suitable work when offered to him
  349  or her, or to return to the individual’s customary self
  350  employment when directed by the agency, the disqualification
  351  continues for the full period of unemployment next ensuing after
  352  he or she failed without good cause to apply for available
  353  suitable work, to accept suitable work, or to return to his or
  354  her customary self-employment, under this subsection, and until
  355  the individual has earned income of at least 17 times his or her
  356  weekly benefit amount. The Agency for Workforce Innovation shall
  357  by rule adopt criteria for determining the “suitability of
  358  work,” as used in this section. The agency for Workforce
  359  Innovation In developing these rules, the agency shall consider
  360  the duration of a claimant’s unemployment in determining the
  361  suitability of work and the suitability of proposed rates of
  362  compensation for available work. Further, after an individual
  363  has received 19 25 weeks of benefits in a single year, suitable
  364  work is a job that pays the minimum wage and is 120 percent or
  365  more of the weekly benefit amount the individual is drawing.
  366         (a) In determining whether or not any work is suitable for
  367  an individual, the agency for Workforce Innovation shall
  368  consider the degree of risk involved to the individual’s his or
  369  her health, safety, and morals; the individual’s his or her
  370  physical fitness, and prior training,; the individual’s
  371  experience, and prior earnings,; his or her length of
  372  unemployment, and prospects for securing local work in his or
  373  her customary occupation; and the distance of the available work
  374  from his or her residence.
  375         (b) Notwithstanding any other provisions of this chapter,
  376  work is not deemed suitable and benefits may not be denied under
  377  this chapter to any otherwise eligible individual for refusing
  378  to accept new work under any of the following conditions:
  379         1. If The position offered is vacant due directly to a
  380  strike, lockout, or other labor dispute.
  381         2. If The wages, hours, or other conditions of the work
  382  offered are substantially less favorable to the individual than
  383  those prevailing for similar work in the locality.
  384         3. If As a condition of being employed, the individual is
  385  would be required to join a company union or to resign from or
  386  refrain from joining any bona fide labor organization.
  387         (c) If the agency for Workforce Innovation finds that an
  388  individual was rejected for offered employment as the direct
  389  result of a positive, confirmed drug test required as a
  390  condition of employment, the individual is disqualified for
  391  refusing to accept an offer of suitable work.
  392         (4)(3) For any week with respect to which he or she is
  393  receiving or has received remuneration in the form of:
  394         (a) Wages in lieu of notice.
  395         (b) Severance pay. The number of weeks that an individual’s
  396  severance pay disqualifies the individual is equal to the amount
  397  of the severance pay divided by the individual’s average weekly
  398  wage received from the employer that paid the severance pay,
  399  rounded down to the nearest whole number, beginning with the
  400  week the individual separated from that employer.
  401         (c)(b)1. Compensation for temporary total disability or
  402  permanent total disability under the workers’ compensation law
  403  of any state or under a similar law of the United States.
  404  
  405  2. However, if the remuneration referred to in paragraphs (a),
  406  and (b), and (c) is less than the benefits that would otherwise
  407  be due under this chapter, an individual who is otherwise
  408  eligible he or she is entitled to receive for that week, if
  409  otherwise eligible, benefits reduced by the amount of the
  410  remuneration.
  411         (10)(9) If the individual was terminated from his or her
  412  work for violation of any criminal law punishable by
  413  imprisonment, or for any dishonest act, in connection with his
  414  or her work, as follows:
  415         (a) If the Agency for Workforce Innovation or the
  416  Unemployment Appeals Commission finds that the individual was
  417  terminated from his or her work for violation of any criminal
  418  law, under any jurisdiction, which was punishable by
  419  imprisonment in connection with his or her work or affected his
  420  or her ability to perform work, and the individual was
  421  convicted, or entered a plea of guilty or nolo contendere found
  422  guilty of the offense, made an admission of guilt in a court of
  423  law, or entered a plea of no contest, the individual is not
  424  entitled to unemployment benefits for up to 52 weeks, pursuant
  425  to under rules adopted by the agency for Workforce Innovation,
  426  and until he or she has earned income of at least 17 times his
  427  or her weekly benefit amount. If, before an adjudication of
  428  guilt, an admission of guilt, or a plea of nolo contendere no
  429  contest, the employer proves by competent, substantial evidence
  430  to shows the agency for Workforce Innovation that the arrest was
  431  due to a crime against the employer or the employer’s business,
  432  customers, or invitees and, after considering all the evidence,
  433  the Agency for Workforce Innovation finds misconduct in
  434  connection with the individual’s work, the individual is not
  435  entitled to unemployment benefits.
  436         (b) If the Agency for Workforce Innovation or the
  437  Unemployment Appeals Commission finds that the individual was
  438  terminated from work for any dishonest act in connection with
  439  his or her work, the individual is not entitled to unemployment
  440  benefits for up to 52 weeks, pursuant to under rules adopted by
  441  the agency for Workforce Innovation, and until he or she has
  442  earned income of at least 17 times his or her weekly benefit
  443  amount. In addition, If the employer terminates an individual as
  444  a result of a dishonest act in connection with his or her work
  445  and the agency for Workforce Innovation finds misconduct in
  446  connection with his or her work, the individual is not entitled
  447  to unemployment benefits.
  448  
  449  If With respect to an individual is disqualified for benefits,
  450  the account of the terminating employer, if the employer is in
  451  the base period, is noncharged at the time the disqualification
  452  is imposed.
  453         (12) For any week in which the individual is unavailable
  454  for work due to incarceration or imprisonment.
  455         (13)(11) If an individual is discharged from employment for
  456  drug use as evidenced by a positive, confirmed drug test as
  457  provided in paragraph (1)(d), or is rejected for offered
  458  employment because of a positive, confirmed drug test as
  459  provided in paragraph (3)(c) (2)(c), test results and chain of
  460  custody documentation provided to the employer by a licensed and
  461  approved drug-testing laboratory is self-authenticating and
  462  admissible in unemployment compensation hearings, and such
  463  evidence creates a rebuttable presumption that the individual
  464  used, or was using, controlled substances, subject to the
  465  following conditions:
  466         (a) To qualify for the presumption described in this
  467  subsection, an employer must have implemented a drug-free
  468  workplace program under ss. 440.101 and 440.102, and must submit
  469  proof that the employer has qualified for the insurance
  470  discounts provided under s. 627.0915, as certified by the
  471  insurance carrier or self-insurance unit. In lieu of these
  472  requirements, an employer who does not fit the definition of
  473  “employer” in s. 440.102 may qualify for the presumption if the
  474  employer is in compliance with equivalent or more stringent
  475  drug-testing standards established by federal law or regulation.
  476         (b) Only laboratories licensed and approved as provided in
  477  s. 440.102(9), or as provided by equivalent or more stringent
  478  licensing requirements established by federal law or regulation
  479  may perform the drug tests.
  480         (c) Disclosure of drug test results and other information
  481  pertaining to drug testing of individuals who claim or receive
  482  compensation under this chapter is shall be governed by s.
  483  443.1715.
  484         Section 5. Effective July 1, 2011, paragraph (b) of
  485  subsection (1) of section 443.111, Florida Statutes, is amended
  486  to read:
  487         443.111 Payment of benefits.—
  488         (1) MANNER OF PAYMENT.—Benefits are payable from the fund
  489  in accordance with rules adopted by the Agency for Workforce
  490  Innovation, subject to the following requirements:
  491         (b) As required under s. 443.091(1), each claimant must
  492  report in the manner prescribed by the agency for Workforce
  493  Innovation to certify for benefits that are paid and must
  494  continue to report at least biweekly to receive unemployment
  495  benefits and to attest to the fact that she or he is able and
  496  available for work, has not refused suitable work, is seeking
  497  work and has contacted at least five prospective employers for
  498  each week of unemployment claimed, and, if she or he has worked,
  499  to report earnings from that work. Each claimant must continue
  500  to report regardless of any appeal or pending appeal relating to
  501  her or his eligibility or disqualification for benefits.
  502         Section 6. Effective July 1, 2011, paragraph (c) of
  503  subsection (3) of section 443.1115, Florida Statutes, is amended
  504  to read:
  505         443.1115 Extended benefits.—
  506         (3) ELIGIBILITY REQUIREMENTS FOR EXTENDED BENEFITS.—
  507         (c)1. An individual is disqualified from receiving extended
  508  benefits if the Agency for Workforce Innovation finds that,
  509  during any week of unemployment in her or his eligibility
  510  period:
  511         a. She or he failed to apply for suitable work or, if
  512  offered, failed to accept suitable work, unless the individual
  513  can furnish to the agency satisfactory evidence that her or his
  514  prospects for obtaining work in her or his customary occupation
  515  within a reasonably short period are good. If this evidence is
  516  deemed satisfactory for this purpose, the determination of
  517  whether any work is suitable for the individual shall be made in
  518  accordance with the definition of suitable work in s. 443.101(3)
  519  443.101(2). This disqualification begins with the week the
  520  failure occurred and continues until she or he is employed for
  521  at least 4 weeks and receives earned income of at least 17 times
  522  her or his weekly benefit amount.
  523         b. She or he failed to furnish tangible evidence that she
  524  or he actively engaged in a systematic and sustained effort to
  525  find work. This disqualification begins with the week the
  526  failure occurred and continues until she or he is employed for
  527  at least 4 weeks and receives earned income of at least 4 times
  528  her or his weekly benefit amount.
  529         2. Except as otherwise provided in sub-subparagraph 1.a.,
  530  as used in this paragraph, the term “suitable work” means any
  531  work within the individual’s capabilities to perform, if:
  532         a. The gross average weekly remuneration payable for the
  533  work exceeds the sum of the individual’s weekly benefit amount
  534  plus the amount, if any, of supplemental unemployment benefits,
  535  as defined in s. 501(c)(17)(D) of the Internal Revenue Code of
  536  1954, as amended, payable to the individual for that week;
  537         b. The wages payable for the work equal the higher of the
  538  minimum wages provided by s. 6(a)(1) of the Fair Labor Standards
  539  Act of 1938, without regard to any exemption, or the state or
  540  local minimum wage; and
  541         c. The work otherwise meets the definition of suitable work
  542  in s. 443.101(3) 443.101(2) to the extent that the criteria for
  543  suitability are not inconsistent with this paragraph.
  544         Section 7. Notwithstanding the expiration date contained in
  545  section 1 of chapter 2010-90, Laws of Florida, operating
  546  retroactive to December 17, 2010, and expiring January 4, 2012,
  547  section 443.1117, Florida Statutes, is revived, readopted, and
  548  amended to read:
  549         443.1117 Temporary extended benefits.—
  550         (1) APPLICABILITY OF EXTENDED BENEFITS STATUTE.—Except if
  551  the result is inconsistent with the other provisions of this
  552  section, s. 443.1115(2), (3), (4), (6), and (7) apply to all
  553  claims covered by this section.
  554         (2) DEFINITIONS.—As used in For the purposes of this
  555  section, the term:
  556         (a) “Regular benefits” and “extended benefits” have the
  557  same meaning as in s. 443.1115.
  558         (b) “Eligibility period” means the weeks in an individual’s
  559  benefit year or emergency benefit period which begin in an
  560  extended benefit period and, if the benefit year or emergency
  561  benefit period ends within that extended benefit period, any
  562  subsequent weeks beginning in that period.
  563         (c) “Emergency benefits” means Emergency Unemployment
  564  Compensation paid pursuant to Pub. L. No. 110-252, Pub. L. No.
  565  110-449, Pub. L. No. 111-5, Pub. L. No. 111-92, and Pub. L. No.
  566  111-118, Pub. L. No. 111-144, and Pub. L. No. 111-157, Pub. L.
  567  No. 111-205, and Pub. L. No. 111-312.
  568         (d) “Extended benefit period” means a period that:
  569         1. Begins with the third week after a week for which there
  570  is a state “on” indicator; and
  571         2. Ends with any of the following weeks, whichever occurs
  572  later:
  573         a. The third week after the first week for which there is a
  574  state “off” indicator;
  575         b. The 13th consecutive week of that period.
  576  
  577  However, an extended benefit period may not begin by reason of a
  578  state “on” indicator before the 14th week after the end of a
  579  prior extended benefit period that was in effect for this state.
  580         (e) “Emergency benefit period” means the period during
  581  which an individual receives emergency benefits as defined in
  582  paragraph (c).
  583         (f) “Exhaustee” means an individual who, for any week of
  584  unemployment in her or his eligibility period:
  585         1. Has received, before that week, all of the regular
  586  benefits and emergency benefits, if any, available under this
  587  chapter or any other law, including dependents’ allowances and
  588  benefits payable to federal civilian employees and ex
  589  servicemembers under 5 U.S.C. ss. 8501-8525, in the current
  590  benefit year or emergency benefit period that includes that
  591  week. For the purposes of this subparagraph, an individual has
  592  received all of the regular benefits and emergency benefits, if
  593  any, available even if although, as a result of a pending appeal
  594  for wages paid for insured work which were not considered in the
  595  original monetary determination in the benefit year, she or he
  596  may subsequently be determined to be entitled to added regular
  597  benefits;
  598         2. Had a benefit year that which expired before that week,
  599  and was paid no, or insufficient, wages for insured work on the
  600  basis of which she or he could establish a new benefit year that
  601  includes that week; and
  602         3.a. Has no right to unemployment benefits or allowances
  603  under the Railroad Unemployment Insurance Act or other federal
  604  laws as specified in regulations issued by the United States
  605  Secretary of Labor; and
  606         b. Has not received and is not seeking unemployment
  607  benefits under the unemployment compensation law of Canada; but
  608  if an individual is seeking those benefits and the appropriate
  609  agency finally determines that she or he is not entitled to
  610  benefits under that law, she or he is considered an exhaustee.
  611         (g) “State ‘on’ indicator” means, with respect to weeks of
  612  unemployment beginning on or after February 1, 2009, and ending
  613  on or before December 10, 2011 May 8, 2010, the occurrence of a
  614  week in which the average total unemployment rate, seasonally
  615  adjusted, as determined by the United States Secretary of Labor,
  616  for the most recent 3 months for which data for all states are
  617  published by the United States Department of Labor:
  618         1. Equals or exceeds 110 percent of the average of those
  619  rates for the corresponding 3-month period ending in any or all
  620  each of the preceding 3 2 calendar years; and
  621         2. Equals or exceeds 6.5 percent.
  622         (h) “High unemployment period” means, with respect to weeks
  623  of unemployment beginning on or after February 1, 2009, and
  624  ending on or before December 10, 2011 May 8, 2010, any week in
  625  which the average total unemployment rate, seasonally adjusted,
  626  as determined by the United States Secretary of Labor, for the
  627  most recent 3 months for which data for all states are published
  628  by the United States Department of Labor:
  629         1. Equals or exceeds 110 percent of the average of those
  630  rates for the corresponding 3-month period ending in any or all
  631  each of the preceding 3 2 calendar years; and
  632         2. Equals or exceeds 8 percent.
  633         (i) “State ‘off’ indicator” means the occurrence of a week
  634  in which there is no state “on” indicator or which does not
  635  constitute a high unemployment period.
  636         (3) TOTAL EXTENDED BENEFIT AMOUNT.—Except as provided in
  637  subsection (4):
  638         (a) For any week for which there is an “on” indicator
  639  pursuant to paragraph (2)(g), the total extended benefit amount
  640  payable to an eligible individual for her or his applicable
  641  benefit year is the lesser of:
  642         1. Fifty percent of the total regular benefits payable
  643  under this chapter in the applicable benefit year; or
  644         2. Thirteen times the weekly benefit amount payable under
  645  this chapter for a week of total unemployment in the applicable
  646  benefit year.
  647         (b) For any high unemployment period, the total extended
  648  benefit amount payable to an eligible individual for her or his
  649  applicable benefit year is the lesser of:
  650         1. Eighty percent of the total regular benefits payable
  651  under this chapter in the applicable benefit year; or
  652         2. Twenty times the weekly benefit amount payable under
  653  this chapter for a week of total unemployment in the applicable
  654  benefit year.
  655         (4) EFFECT ON TRADE READJUSTMENT.—Notwithstanding any other
  656  provision of this chapter, if the benefit year of an individual
  657  ends within an extended benefit period, the number of weeks of
  658  extended benefits the individual is entitled to receive in that
  659  extended benefit period for weeks of unemployment beginning
  660  after the end of the benefit year, except as provided in this
  661  section, is reduced, but not to below zero, by the number of
  662  weeks for which the individual received, within that benefit
  663  year, trade readjustment allowances under the Trade Act of 1974,
  664  as amended.
  665         Section 8. The provisions of s. 443.1117, Florida Statutes,
  666  as revived, readopted, and amended by this act, apply only to
  667  claims for weeks of unemployment in which an exhaustee
  668  establishes entitlement to extended benefits pursuant to that
  669  section which are established for the period between December
  670  17, 2010, and January 4, 2012.
  671         Section 9. Effective July 1, 2011, paragraph (a) of
  672  subsection (1) and paragraph (f) of subsection (13) of section
  673  443.1216, Florida Statutes, are amended to read:
  674         443.1216 Employment.—Employment, as defined in s. 443.036,
  675  is subject to this chapter under the following conditions:
  676         (1)(a) The employment subject to this chapter includes a
  677  service performed, including a service performed in interstate
  678  commerce, by:
  679         1. An officer of a corporation.
  680         2. An individual who, under the usual common-law rules
  681  applicable in determining the employer-employee relationship, is
  682  an employee. However, if whenever a client, as defined in s.
  683  443.036(18), which would otherwise be designated as an employing
  684  unit, has contracted with an employee leasing company to supply
  685  it with workers, those workers are considered employees of the
  686  employee leasing company and must be reported under the leasing
  687  company’s tax identification number and contribution rate for
  688  work performed for the leasing company.
  689         a. However, except for the internal employees of an
  690  employee leasing company, a leasing company may make a one-time
  691  election to report and pay contributions for all leased
  692  employees under the respective unemployment account of each
  693  client of the leasing company. This election applies only to
  694  contributions for unemployment.
  695         (I) The election applies to all of the leasing company’s
  696  current and future clients.
  697         (II) The leasing company must notify the Agency for
  698  Workforce Innovation or the tax collection service provider of
  699  its election by August 1, and such election applies to reports
  700  and contributions for the first quarter of the following
  701  calendar year. The notification must include:
  702         (A) A list of each client company and its unemployment
  703  account number;
  704         (B)A list of each client company’s current and previous
  705  employees and their respective social security numbers for the
  706  prior 3 state fiscal years;
  707         (C)All wage data and benefit charges for the prior 3 state
  708  fiscal years.
  709         (III) Subsequent to such election, the employee leasing
  710  company may not change its reporting method.
  711         (IV)The employee leasing company must file a Florida
  712  Department of Revenue Employer’s Quarterly Report (UCT-6) for
  713  each client company and pay all contributions by approved
  714  electronic means.
  715         (V) For the purposes of calculating experience rates, the
  716  election is treated like a total or partial succession,
  717  depending on the percentage of employees leased. If the client
  718  company leases only a portion of its employees from the leasing
  719  company, the client company shall continue to report the
  720  nonleased employees under its tax rate based on the experience
  721  of the nonleased employees.
  722         (VI) This sub-subparagraph applies to all employee leasing
  723  companies, including each leasing company that is a group member
  724  or group leader of an employee leasing company group licensed
  725  pursuant to chapter 468. The election is binding on all employee
  726  leasing companies and their related enterprises, subsidiaries,
  727  or other entities that share common ownership, management, or
  728  control with the leasing company. The election is also binding
  729  on all clients of the leasing company for as long as a written
  730  agreement is in effect between the client and the leasing
  731  company pursuant to s. 468.525(3)(a). If the relationship
  732  between the leasing company and the client terminates, the
  733  client retains the wage and benefit history experienced under
  734  the leasing company.
  735         b. An employee leasing company may lease corporate officers
  736  of the client to the client and other workers to the client,
  737  except as prohibited by regulations of the Internal Revenue
  738  Service. Employees of an employee leasing company must be
  739  reported under the employee leasing company’s tax identification
  740  number and contribution rate for work performed for the employee
  741  leasing company.
  742         c.a. In addition to any other report required to be filed
  743  by law, an employee leasing company shall submit a report to the
  744  Labor Market Statistics Center within the Agency for Workforce
  745  Innovation which includes each client establishment and each
  746  establishment of the employee leasing company, or as otherwise
  747  directed by the agency. The report must include the following
  748  information for each establishment:
  749         (I) The trade or establishment name;
  750         (II) The former unemployment compensation account number,
  751  if available;
  752         (III) The former federal employer’s identification number
  753  (FEIN), if available;
  754         (IV) The industry code recognized and published by the
  755  United States Office of Management and Budget, if available;
  756         (V) A description of the client’s primary business activity
  757  in order to verify or assign an industry code;
  758         (VI) The address of the physical location;
  759         (VII) The number of full-time and part-time employees who
  760  worked during, or received pay that was subject to unemployment
  761  compensation taxes for, the pay period including the 12th of the
  762  month for each month of the quarter;
  763         (VIII) The total wages subject to unemployment compensation
  764  taxes paid during the calendar quarter;
  765         (IX) An internal identification code to uniquely identify
  766  each establishment of each client;
  767         (X) The month and year that the client entered into the
  768  contract for services; and
  769         (XI) The month and year that the client terminated the
  770  contract for services.
  771         d.b. The report shall be submitted electronically or in a
  772  manner otherwise prescribed by the Agency for Workforce
  773  Innovation in the format specified by the Bureau of Labor
  774  Statistics of the United States Department of Labor for its
  775  Multiple Worksite Report for Professional Employer
  776  Organizations. The report must be provided quarterly to the
  777  Labor Market Statistics Center within the agency for Workforce
  778  Innovation, or as otherwise directed by the agency, and must be
  779  filed by the last day of the month immediately following the end
  780  of the calendar quarter. The information required in sub-sub
  781  subparagraphs c.(X) and (XI) a.(X) and (XI) need be provided
  782  only in the quarter in which the contract to which it relates
  783  was entered into or terminated. The sum of the employment data
  784  and the sum of the wage data in this report must match the
  785  employment and wages reported in the unemployment compensation
  786  quarterly tax and wage report. A report is not required for any
  787  calendar quarter preceding the third calendar quarter of 2010.
  788         e.c. The Agency for Workforce Innovation shall adopt rules
  789  as necessary to administer this subparagraph, and may
  790  administer, collect, enforce, and waive the penalty imposed by
  791  s. 443.141(1)(b) for the report required by this subparagraph.
  792         f.d. For the purposes of this subparagraph, the term
  793  “establishment” means any location where business is conducted
  794  or where services or industrial operations are performed.
  795         3. An individual other than an individual who is an
  796  employee under subparagraph 1. or subparagraph 2., who performs
  797  services for remuneration for any person:
  798         a. As an agent-driver or commission-driver engaged in
  799  distributing meat products, vegetable products, fruit products,
  800  bakery products, beverages other than milk, or laundry or
  801  drycleaning services for his or her principal.
  802         b. As a traveling or city salesperson engaged on a full
  803  time basis in the solicitation on behalf of, and the
  804  transmission to, his or her principal of orders from
  805  wholesalers, retailers, contractors, or operators of hotels,
  806  restaurants, or other similar establishments for merchandise for
  807  resale or supplies for use in their business operations. This
  808  sub-subparagraph does not apply to an agent-driver or a
  809  commission-driver and does not apply to sideline sales
  810  activities performed on behalf of a person other than the
  811  salesperson’s principal.
  812         4. The services described in subparagraph 3. are employment
  813  subject to this chapter only if:
  814         a. The contract of service contemplates that substantially
  815  all of the services are to be performed personally by the
  816  individual;
  817         b. The individual does not have a substantial investment in
  818  facilities used in connection with the services, other than
  819  facilities used for transportation; and
  820         c. The services are not in the nature of a single
  821  transaction that is not part of a continuing relationship with
  822  the person for whom the services are performed.
  823         (13) The following are exempt from coverage under this
  824  chapter:
  825         (f) Service performed in the employ of a public employer as
  826  defined in s. 443.036, except as provided in subsection (2), and
  827  service performed in the employ of an instrumentality of a
  828  public employer as described in s. 443.036(36)(b) 443.036(35)(b)
  829  or (c), to the extent that the instrumentality is immune under
  830  the United States Constitution from the tax imposed by s. 3301
  831  of the Internal Revenue Code for that service.
  832         Section 10. Present paragraph (f) of subsection (1) of
  833  section 443.141, Florida Statutes, is redesignated as paragraph
  834  (g), and a new paragraph (f) is added to that subsection, to
  835  read:
  836         443.141 Collection of contributions and reimbursements.—
  837         (1) PAST DUE CONTRIBUTIONS AND REIMBURSEMENTS; DELINQUENT,
  838  ERRONEOUS, INCOMPLETE, OR INSUFFICIENT REPORTS.—
  839         (f) Payments for 2012, 2013, and 2014 Contributions.—For an
  840  annual administrative fee not to exceed $5, a contributing
  841  employer may pay its quarterly contributions due for wages paid
  842  in the first three quarters of 2012, 2013, and 2014 in equal
  843  installments if those contributions are paid as follows:
  844         1. For contributions due for wages paid in the first
  845  quarter of each year, one-fourth of the contributions due must
  846  be paid on or before April 30, one-fourth must be paid on or
  847  before July 31, one-fourth must be paid on or before October 31,
  848  and one-fourth must be paid on or before December 31.
  849         2. In addition to the payments specified in subparagraph
  850  1., for contributions due for wages paid in the second quarter
  851  of each year, one-third of the contributions due must be paid on
  852  or before July 31, one-third must be paid on or before October
  853  31, and one-third must be paid on or before December 31.
  854         3. In addition to the payments specified in subparagraphs
  855  1. and 2., for contributions due for wages paid in the third
  856  quarter of each year, one-half of the contributions due must be
  857  paid on or before October 31, and one-half must be paid on or
  858  before December 31.
  859         4. The annual administrative fee assessed for electing to
  860  pay under the installment method shall be collected at the time
  861  the employer makes the first installment payment each year. The
  862  fee shall be segregated from the payment and deposited into the
  863  Operating Trust Fund of the Department of Revenue.
  864         5. Interest does not accrue on any contribution that
  865  becomes due for wages paid in the first three quarters of each
  866  year if the employer pays the contribution in accordance with
  867  subparagraphs 1.-4. Interest and fees continue to accrue on
  868  prior delinquent contributions and commence accruing on all
  869  contributions due for wages paid in the first three quarters of
  870  each year which are not paid in accordance with subparagraphs
  871  1.-3. Penalties may be assessed in accordance with this chapter.
  872  The contributions due for wages paid in the fourth quarter of
  873  2012, 2013, and 2014 are not affected by this paragraph and are
  874  due and payable in accordance with this chapter.
  875         Section 11. Effective July 1, 2011, paragraph (a) of
  876  subsection (2), paragraphs (d) and (e) of subsection (3), and
  877  paragraphs (b) and (e) of subsection (4) of section 443.151,
  878  Florida Statutes, are amended, present paragraphs (c) through
  879  (f) of subsection (6) of that section are redesignated as
  880  paragraphs (d) through (g), respectively, and a new paragraph
  881  (c) is added to that subsection, to read:
  882         443.151 Procedure concerning claims.—
  883         (2) FILING OF CLAIM INVESTIGATIONS; NOTIFICATION OF
  884  CLAIMANTS AND EMPLOYERS.—
  885         (a) In general.Initial and continued claims for benefits
  886  must be made by approved electronic means and in accordance with
  887  the rules adopted by the Agency for Workforce Innovation. The
  888  agency must notify claimants and employers regarding monetary
  889  and nonmonetary determinations of eligibility. Investigations of
  890  issues raised in connection with a claimant which may affect a
  891  claimant’s eligibility for benefits or charges to an employer’s
  892  employment record shall be conducted by the agency through
  893  written, telephonic, or electronic means as prescribed by rule.
  894         (3) DETERMINATION OF ELIGIBILITY.—
  895         (d) Determinations in labor dispute cases.If a Whenever
  896  any claim involves a labor dispute described in s. 443.101(5)
  897  443.101(4), the Agency for Workforce Innovation shall promptly
  898  assign the claim to a special examiner who shall make a
  899  determination on the issues involving unemployment due to the
  900  labor dispute. The special examiner shall make the determination
  901  after an investigation, as necessary. The claimant or another
  902  party entitled to notice of the determination may appeal a
  903  determination under subsection (4).
  904         (e) Redeterminations.—
  905         1. The Agency for Workforce Innovation may reconsider a
  906  determination if it finds an error or if new evidence or
  907  information pertinent to the determination is discovered after a
  908  prior determination or redetermination. A redetermination may
  909  not be made more than 1 year after the last day of the benefit
  910  year unless the disqualification for making a false or
  911  fraudulent representation under s. 443.101(7) 443.101(6) is
  912  applicable, in which case the redetermination may be made within
  913  2 years after the false or fraudulent representation. The agency
  914  must promptly give notice of redetermination to the claimant and
  915  to any employers entitled to notice in the manner prescribed in
  916  this section for the notice of an initial determination.
  917         2. If the amount of benefits is increased by the
  918  redetermination, an appeal of the redetermination based solely
  919  on the increase may be filed as provided in subsection (4). If
  920  the amount of benefits is decreased by the redetermination, the
  921  redetermination may be appealed by the claimant if a subsequent
  922  claim for benefits is affected in amount or duration by the
  923  redetermination. If the final decision on the determination or
  924  redetermination to be reconsidered was made by an appeals
  925  referee, the commission, or a court, the Agency for Workforce
  926  Innovation may apply for a revised decision from the body or
  927  court that made the final decision.
  928         3. If an appeal of an original determination is pending
  929  when a redetermination is issued, the appeal, unless withdrawn,
  930  is treated as an appeal from the redetermination.
  931         (4) APPEALS.—
  932         (b) Filing and hearing.—
  933         1. The claimant or any other party entitled to notice of a
  934  determination may appeal an adverse determination to an appeals
  935  referee within 20 days after the date of mailing of the notice
  936  to her or his last known address or, if the notice is not
  937  mailed, within 20 days after the date of delivering delivery of
  938  the notice.
  939         2. Unless the appeal is untimely or withdrawn, or review is
  940  initiated by the commission, the appeals referee, after mailing
  941  all parties and attorneys of record a notice of hearing at least
  942  10 days before the date of hearing, notwithstanding the 14-day
  943  notice requirement in s. 120.569(2)(b), may only affirm, modify,
  944  or reverse the determination. An appeal may not be withdrawn
  945  without the permission of the appeals referee.
  946         3. However, if when an appeal appears to have been filed
  947  after the permissible time limit, the Office of Appeals may
  948  issue an order to show cause to the appellant which requires,
  949  requiring the appellant to show why the appeal should not be
  950  dismissed as untimely. If the appellant does not, within 15 days
  951  after the mailing date of the order to show cause, the appellant
  952  does not provide written evidence of timely filing or good cause
  953  for failure to appeal timely, the appeal shall be dismissed.
  954         4. If When an appeal involves a question of whether
  955  services were performed by a claimant in employment or for an
  956  employer, the referee must give special notice of the question
  957  and of the pendency of the appeal to the employing unit and to
  958  the Agency for Workforce Innovation, both of which become
  959  parties to the proceeding.
  960         5. Any part of the evidence may be received in written
  961  form, and all testimony of parties and witnesses must be made
  962  under oath.
  963         a. Irrelevant, immaterial, or unduly repetitious evidence
  964  shall be excluded, but all other evidence of a type commonly
  965  relied upon by reasonably prudent persons in the conduct of
  966  their affairs is admissible, whether or not such evidence would
  967  be admissible in a trial in state court.
  968         b. Hearsay evidence may be used for the purpose of
  969  supplementing or explaining other evidence, or to support a
  970  finding if it would be admissible over objection in civil
  971  actions. Notwithstanding s. 120.57(1)(c), hearsay evidence may
  972  support a finding of fact if:
  973         (I) The party against whom it is offered has a reasonable
  974  opportunity to review it before the hearing; and
  975         (II) The appeals referee or special deputy determines,
  976  after considering all relevant facts and circumstances, that the
  977  evidence is trustworthy and probative and that the interests of
  978  justice are best served by its admission into evidence.
  979         6.5. The parties must be notified promptly of the referee’s
  980  decision. The referee’s decision is final unless further review
  981  is initiated under paragraph (c) within 20 days after the date
  982  of mailing notice of the decision to the party’s last known
  983  address or, in lieu of mailing, within 20 days after the
  984  delivery of the notice.
  985         (e) Judicial review.—Orders of the commission entered under
  986  paragraph (c) are subject to review only by notice of appeal in
  987  the district court of appeal in the appellate district in which
  988  the issues involved were decided by an appeals referee. If the
  989  notice of appeal is filed by the claimant, it must be filed in
  990  the appellate district in which the claimant resides. If the
  991  notice of appeal is filed by the employer, it must be filed in
  992  the appellate district in which the business is located.
  993  However, if the claimant does not reside in this state or the
  994  business is not located in this state, the notice of appeal must
  995  be filed in the appellate district in which the order was
  996  issued. Notwithstanding chapter 120, the commission is a party
  997  respondent to every such proceeding. The Agency for Workforce
  998  Innovation may initiate judicial review of orders in the same
  999  manner and to the same extent as any other party.
 1000         (6) RECOVERY AND RECOUPMENT.—
 1001         (c) Any person who, by reason other than fraud, receives
 1002  benefits under this chapter for which she or he is not entitled
 1003  due to the failure of the Agency for Workforce Innovation to
 1004  make and provide notice of a nonmonetary determination under
 1005  paragraph (3)(c) within 30 days after filing a new claim, is
 1006  liable for repaying up to 5 weeks of benefits received to the
 1007  agency on behalf of the trust fund or may have those benefits
 1008  deducted from any future benefits payable to her or him under
 1009  this chapter.
 1010         Section 12. Subsection (10) is added to section 443.171,
 1011  Florida Statutes, to read:
 1012         443.171 Agency for Workforce Innovation and commission;
 1013  powers and duties; records and reports; proceedings; state
 1014  federal cooperation.—
 1015         (10) EVIDENCE OF MAILING.—A mailing date on any notice,
 1016  determination, decision, order, or other document mailed by the
 1017  Agency for Workforce Innovation or its tax collection service
 1018  provider pursuant to this chapter creates a rebuttable
 1019  presumption that such notice, determination, order, or other
 1020  document was mailed on the date indicated.
 1021         Section 13. The Legislature finds that this act fulfills an
 1022  important state interest.
 1023         Section 14. Except as otherwise expressly provided in this
 1024  act, this act shall take effect upon becoming a law.