The Florida Senate

443.111  Payment of benefits.--

¹(1)  MANNER OF PAYMENT.--Benefits shall be payable from the fund in accordance with such rules as the division may prescribe, subject to the following requirements:

(a)  Benefits shall be paid through claims offices or by mail.

(b)  Each claimant shall report in the manner prescribed by the division to certify for benefits which are paid and shall continue to report at least biweekly to receive unemployment benefits and to attest to the fact that she or he is able and available for work, has not refused suitable work, and is seeking work and, if she or he has worked, to report earnings from such work.

(2)  QUALIFYING REQUIREMENTS.--To establish a benefit year for unemployment insurance benefits, effective on or after July 1, 1996, an individual must have:

(a)  Wage credits in two or more calendar quarters of the individual's base period.

(b)  Minimum total base period wage credits equal to the high quarter wages multiplied by 1.5, but not less than $3,400 in the base period.

(3)  WEEKLY BENEFIT AMOUNT.--An individual's "weekly benefit amount" shall be an amount equal to one twenty-sixth of the total wages for insured work paid during that quarter of the base period in which such total wages paid were the highest, but not less than $32 or more than $250. For claims with benefit years beginning July 1, 1997, through December 31, 1997, an additional 5 percent of the weekly benefit amount shall be added for the first 8 compensable weeks of benefits paid, not to exceed $262. For benefit years beginning January 1, 1998, an individual's "weekly benefit amount" shall be an amount equal to one twenty-sixth of the total wages for insured work paid during that quarter of the base period in which such total wages paid were the highest, but not less than $32 or more than $275. For claims with benefit years beginning January 1, 1998, through June 30, 1998, an additional 5 percent of the weekly benefit amount shall be added for the first 8 compensable weeks of benefits paid, not to exceed $288. Such weekly benefit amount, if not a multiple of $1, shall be rounded downward to the nearest full dollar amount. The maximum weekly benefit amount in effect at the time the claimant establishes an individual weekly benefit amount shall be the maximum benefit amount applicable throughout the claimant's benefit year.

²(4)  WEEKLY BENEFIT FOR UNEMPLOYMENT.--

(a)  Total.--Each eligible individual who is totally unemployed in any week shall be paid with respect to such week a benefit in an amount equal to her or his weekly benefit amount.

(b)  Partial.--Each eligible individual who is partially unemployed in any week shall be paid with respect to such week a benefit in an amount equal to her or his weekly benefit less that part of the earned income (if any) payable to her or him with respect to such week which is in excess of 8 times the federal hourly minimum wage. Such benefits, if not a multiple of $1, shall be rounded downward to the nearest full dollar amount. This paragraph applies only to weeks of unemployment beginning on or after July 5, 1992.

(5)  DURATION OF BENEFITS.--

(a)

1.  Any otherwise eligible individual shall be entitled during any benefit year to a total amount of benefits equal to 25 percent of the total wages in the base period, not to exceed $6,500. For claims with benefit years beginning July 1, 1997, through December 31, 1997, an additional amount equal to 5 percent of the weekly benefit amount multiplied by 8 shall be added to the calculated total amount of benefits, the sum of which may not exceed $6,596. For benefit years beginning January 1, 1998, any otherwise eligible individual shall be entitled during any benefit year to a total amount of benefits equal to 25 percent of the total wages in the base period, not to exceed $7,150. For claims with benefit years beginning January 1, 1998, through June 30, 1998, an additional amount equal to 5 percent of the weekly benefit amount multiplied by 8 shall be added to the calculated total amount of benefits, the sum of which may not exceed $7,254. However, such total amount of benefits, if not a multiple of $1, shall be rounded downward to the nearest full dollar amount. Such benefits shall be payable at a weekly rate no greater than the weekly benefit amount.

2.  For the purposes of this subsection, wages shall be counted as "wages for insured work" for benefit purposes with respect to any benefit year only if such benefit year begins subsequent to the date on which the employing unit by whom such wages were paid has satisfied the conditions of this chapter with respect to becoming an employer.

(b)  If the remuneration of an individual is not based upon a fixed period or duration of time or if the individual's wages are paid at irregular intervals or in such manner as not to extend regularly over the period of employment, the wages for any week or for any calendar quarter for the purpose of computing an individual's right to employment benefits only shall be determined in such manner as may by rule be prescribed. Such rules, so far as possible, shall secure results reasonably similar to those which would prevail if the individual were paid her or his wages at regular intervals.

(6)  EXTENDED BENEFITS.--

(a)  Definitions.--As used in this subsection, unless the context clearly requires otherwise, the term:

1.  "Extended benefit period" means a period which:

a.  Begins with the third week after a week for which there is a state "on" indicator; and

b.  Ends with either of the following weeks, whichever occurs later:

(I)  The third week after the first week for which there is a state "off" indicator; or

(II)  The 13th consecutive week of such period.

However, no extended benefit period may begin by reason of a state "on" indicator before the 14th week following the end of a prior extended benefit period which was in effect with respect to this state.

2.  There is a "state 'on' indicator" for a week if the rate of insured unemployment (not seasonally adjusted) under the state law, for the period consisting of such week and the 12 weeks immediately preceding it:

a.  Equaled or exceeded 120 percent of the average of such rates for the corresponding 13-week period ending in each of the preceding 2 calendar years; and

b.  Equaled or exceeded 5 percent.

3.  There is a "state 'off' indicator" for a week if, for the period consisting of such week and the immediately preceding 12 weeks, either sub-subparagraph a. or sub-subparagraph b. of subparagraph 2. was not satisfied.

4.  "Rate of insured unemployment," for purposes of subparagraphs 2. and 3., means the percentage derived by dividing the average weekly number of individuals filing claims for regular compensation in this state excluding extended benefit claimants for weeks of unemployment with respect to the most recent 13-consecutive-week period, as determined by the division on the basis of its reports to the United States Secretary of Labor, by the average monthly employment covered under this chapter for the first four of the most recent six completed calendar quarters ending before the end of such 13-week period.

5.  "Regular benefits" means benefits payable to an individual under this chapter or under any other state law, including benefits payable to federal civilian employees and to ex-service members pursuant to ³5 U.S.C. chapter 85, other than extended benefits.

6.  "Extended benefits" means benefits, including benefits payable to federal civilian employees and to ex-service members pursuant to ³5 U.S.C. chapter 85, payable to an individual under the provisions of this subsection for weeks of unemployment in her or his eligibility period.

7.  "Eligibility period" of an individual means the period consisting of the weeks in her or his benefit year which begin in an extended benefit period and, if her or his benefit year ends within such extended benefit period, any weeks thereafter which begin in such period.

8.  "Exhaustee" means an individual who, with respect to any week of unemployment in her or his eligibility period:

a.  Has received, prior to such week, all of the regular benefits that were available to her or him under this chapter or any other state law, including dependents' allowances and benefits payable to federal civilian employees and ex-service members under ³5 U.S.C. chapter 85, in her or his current benefit year that includes such week. For the purposes of this subparagraph, an individual shall be deemed to have received all of the regular benefits that were available to her or him although, as a result of a pending appeal with respect to wages paid for insured work that were not considered in the original monetary determination in her or his benefit year, she or he may subsequently be determined to be entitled to added regular benefits;

b.  Her or his benefit year having expired prior to such week, has been paid no, or insufficient, wages for insured work on the basis of which she or he could establish a new benefit year that would include such week; and

c.

(I)  Has no right to unemployment benefits or allowances, as the case may be, under the Railroad Unemployment Insurance Act or such other federal laws as are specified in regulations issued by the United States Secretary of Labor; and

(II)  Has not received and is not seeking unemployment benefits under the unemployment compensation law of Canada; but if she or he is seeking such benefits and the appropriate agency finally determines that she or he is not entitled to benefits under such law, she or he is considered an exhaustee.

(b)  Effect of state law provisions relating to regular benefits on claims for, and the payment of, extended benefits.--Except when the result would be inconsistent with the other provisions of this subsection, as provided in the rules of the division, the provisions of this chapter which apply to claims for, or the payment of, regular benefits shall apply to claims for, and the payment of, extended benefits. Such extended benefits shall be charged to the experience rating accounts of employers to the extent the share of such extended benefits paid from this state's unemployment compensation trust fund is not eligible for reimbursement from federal sources.

(c)  Eligibility requirements for extended benefits.--

1.  An individual shall be eligible to receive extended benefits with respect to any week of unemployment in her or his eligibility period only if the division finds that, with respect to such week:

a.  She or he is an exhaustee as defined in subparagraph (a)8.

b.  She or he has satisfied the requirements of this chapter for the receipt of regular benefits that are applicable to individuals claiming extended benefits, including not being subject to a disqualification for the receipt of benefits. An individual who is disqualified to receive regular benefits due to her or his having voluntarily left work, having been discharged from work for misconduct, or having refused suitable work may not receive extended benefits even after the disqualification period for regular benefits has terminated. However, if the disqualification period for regular benefits terminates because the individual received the required amount of remuneration for services rendered as a common-law employee, she or he may receive extended benefits.

c.  The individual has been paid wages for insured work with respect to the applicable benefit year equal to one-and-one-half times the high quarter earnings during this base period.

2.

a.  Except as provided in sub-subparagraph b., an individual shall not be eligible for extended benefits for any week if:

(I)  Extended benefits are payable for such week pursuant to an interstate claim filed in any state under the interstate benefit payment plan, and

(II)  No extended benefit period is in effect for such week in such state.

b.  This subparagraph shall not apply with respect to the first 2 weeks for which extended benefits are payable, pursuant to an interstate claim filed under the interstate benefit payment plan, to the individual from the extended benefit account established for the individual with respect to the benefit year.

3.

a.  An individual shall be disqualified for receipt of extended benefits if the division finds that, during any week of unemployment in her or his eligibility period:

(I)  She or he has failed to apply for suitable work or, if offered, has failed to accept suitable work, unless the individual can furnish to the division satisfactory evidence that her or his prospects for obtaining work in her or his customary occupation within a reasonably short period are good. If such evidence is deemed satisfactory for this purpose, the determination of whether any work is suitable with respect to such individual shall be made in accordance with the definition of suitable work contained in s. 443.101(2). Such disqualification shall begin with the week in which such failure occurred and shall continue until she or he has been employed for at least 4 weeks and has earned wages equal to or in excess of 17 times her or his weekly benefit amount.

(II)  She or he has failed to furnish tangible evidence that she or he has actively engaged in a systematic and sustained effort to find work. Such disqualification shall begin with the week in which such failure occurred and shall continue until she or he has been employed for at least 4 weeks and has earned wages equal to or in excess of 4 times her or his weekly benefit amount.

b.  Except as otherwise provided in sub-sub-subparagraph a.(I), for purposes of this subparagraph, the term "suitable work" means any work which is within the individual's capabilities to perform, if:

(I)  The gross average weekly remuneration payable for the work exceeds the sum of the individual's weekly benefit amount plus the amount, if any, of supplemental unemployment benefits, as defined in s. 501(c)(17)(D) of the Internal Revenue Code of 1954, as amended, payable to such individual for such week;

(II)  The wages payable for the work equal the higher of the minimum wages provided by s. 6(a)(1) of the Fair Labor Standards Act of 1938, without regard to any exemption, or the state or local minimum wage;

(III)  The position was offered to the individual in writing and was listed with the State Employment Service; and

(IV)  Such work otherwise meets the definition of suitable work contained in s. 443.101(2) to the extent that such criteria of suitability are not inconsistent with the provisions of this subparagraph.

4.  However, notwithstanding subparagraph 3., or any other provision of this chapter, an individual who is in training approved under s. 236(a)(1) of the Trade Act of 1974, as amended, may not be determined to be ineligible or disqualified for extended benefits with respect to her or his enrollment in such training or because of leaving work which is not suitable employment to enter such training. For the purposes of this subparagraph, the term "suitable employment" means, with respect to a worker, work of a substantially equal or higher skill level than the worker's past adversely affected employment, as defined for purposes of the Trade Act of 1974, as amended, the wages for which are not less than 80 percent of the worker's average weekly wage, as determined for purposes of the Trade Act of 1974, as amended.

(d)  Weekly extended benefit amount.--The weekly extended benefit amount payable to an individual for a week of total unemployment in her or his eligibility period shall be an amount equal to the weekly benefit amount payable to her or him during her or his applicable benefit year. For any individual who was paid benefits during the applicable benefit year in accordance with more than one weekly benefit amount, the weekly extended benefit amount shall be the average of such weekly benefit amounts.

(e)  Total extended benefit amount.--

1.  Except as provided in subparagraph 2., the total extended benefit amount payable to any eligible individual with respect to her or his applicable benefit year shall be the lesser of the following amounts:

a.  Fifty percent of the total amount of regular benefits which were payable to her or him under this chapter in her or his applicable benefit year; or

b.  Thirteen times her or his weekly benefit amount which was payable to her or him under this chapter for a week of total unemployment in the applicable benefit year.

2.  Notwithstanding any other provision of this chapter or any federal law, if the benefit year of an individual ends within an extended benefit period, the number of weeks of extended benefits that such individual would, but for this paragraph, be entitled to receive in that extended benefit period with respect to weeks of unemployment beginning after the end of the benefit year shall be reduced (but not to below zero) by the number of weeks for which the individual received, within such benefit year, trade readjustment allowances under the Trade Act of 1974, as amended.

(f)  Beginning and termination of extended benefit period.--Whenever an extended benefit period is to become effective in this state or an extended benefit period is to be terminated in this state, the division shall make an appropriate public announcement.

(g)  Computations.--Computations required by the provisions of subparagraph (a)4. shall be made by the division, in accordance with regulations prescribed by the United States Secretary of Labor.

(h)  Recovery of overpayments under the Trade Act of 1974, as amended.--Any person who has been determined by either this state, a cooperating state agency, the United States Secretary of Labor, or a court of competent jurisdiction to have received any payments under the Trade Act of 1974, as amended, to which the person was not entitled shall have such sum deducted from any extended benefits payable to her or him under this section, except that no single deduction under this paragraph shall exceed 50 percent of the amount otherwise payable. The amounts so deducted shall be paid to the agency which issued the payments under the Trade Act of 1974, as amended, for return to the United States Treasury. However, except for overpayments determined by a court of competent jurisdiction, no deduction may be made under this paragraph until a determination by the state agency or the United States Secretary of Labor has become final.

(7)  SHORT-TIME COMPENSATION PROGRAM.--

(a)  Definitions.--As used in this subsection, the term:

1.  "Affected unit" means a specified plant, department, shift, or other definable unit of two or more employees designated by the employer to participate in a short-time compensation plan.

2.  "Normal weekly hours of work" means the number of hours in a week that an individual would regularly work for the short-time compensation employer, not to exceed 40 hours, excluding overtime.

3.  "Short-time compensation benefits" means benefits payable to individuals in an affected unit under an approved short-time compensation plan.

4.  "Short-time compensation employer" means an employer with a short-time compensation plan in effect.

5.  "Short-time compensation plan" or "plan" means an employer's written plan for reducing unemployment under which an affected unit shares the work remaining after its normal weekly hours of work are reduced.

(b)  Requirements for approval of short-time compensation plans.--An employer wishing to participate in the short-time compensation program shall submit a signed, written, short-time plan to the director of the division for approval. The director shall approve the plan if:

1.  The plan applies to and identifies the specific affected units.

2.  The individuals in the affected unit are identified by name and social security number.

3.  The normal weekly hours of work for individuals in the affected unit or units are reduced by not less than 10 percent and by not more than 40 percent.

4.  The plan includes a certified statement by the employer that the aggregate reduction in work hours is in lieu of temporary layoffs which would have affected at least 10 percent of the employees in the affected unit and which would have resulted in an equivalent reduction in work hours.

5.  The plan applies to at least 10 percent of the employees in the affected unit.

6.  The plan is approved in writing by the collective bargaining agent for each collective bargaining agreement covering any individual in the affected unit.

7.  The plan will not serve as a subsidy to seasonal employers during the off season or as a subsidy to employers who have traditionally used part-time employees.

8.  The plan certifies the manner in which the employer will treat fringe benefits of the individuals in the affected unit if the hours of the individuals are reduced to less than their normal weekly hours of work. For purposes of this subparagraph, the term "fringe benefits" includes, but is not limited to, health insurance, retirement benefits under defined benefit pension plans (as defined in subsection 35 of s. 1002 of the Employee Retirement Income Security Act of 1974, 29 U.S.C.), paid vacation and holidays, and sick leave.

(c)  Approval or disapproval of the plan.--The director shall approve or disapprove a short-time compensation plan in writing within 15 days after its receipt. If the plan is denied, the director shall notify the employer of the reasons for disapproval.

(d)  Beginning and termination of short-time compensation benefit period.--A plan shall be effective on the date of its approval by the director and shall expire at the end of the 12th full calendar month after its effective date.

(e)  Eligibility requirements for short-time compensation benefits.--

1.  Except as provided in this paragraph, an individual is eligible to receive short-time compensation benefits with respect to any week only if she or he has satisfied the requirements of this chapter and the division finds that:

a.  The individual is employed as a member of an affected unit in an approved plan which was approved prior to the week and is in effect for the week.

b.  The individual is able to work and is available for additional hours of work or for full-time work with the short-time employer.

c.  The normal weekly hours of work of the individual were reduced by at least 10 percent but not by more than 40 percent, with a corresponding reduction in wages.

2.  The division may not deny short-time compensation benefits to an individual who is otherwise eligible for such benefits for any week by reason of the application of any provision of this chapter relating to availability for work, active search for work, or refusal to apply for or accept work from other than the short-time compensation employer of such individual.

3.  Notwithstanding any other provision of this chapter, an individual is deemed unemployed in any week for which compensation is payable to her or him, as an employee in an affected unit, for less than her or his normal weekly hours of work in accordance with an approved short-time compensation plan in effect for the week.

(f)  Weekly short-time compensation benefit amount.--The weekly short-time compensation benefit amount payable to an individual shall be an amount equal to the product of her or his weekly benefit amount as provided in ⁴subsection (2) and the ratio of the number of normal weekly hours of work for which the employer would not compensate the individual to the individual's normal weekly hours of work. Such benefit amount, if not a multiple of $1, shall be rounded downward to the next lower multiple of $1.

(g)  Total short-time compensation benefit amount.--No individual shall be paid benefits under this paragraph in any benefit year for more than the maximum entitlement provided in ⁵subsection (4), nor shall an individual be paid short-time compensation benefits for more than 26 weeks in any benefit year.

(h)  Effect of short-time compensation benefits relating to the payment of regular and extended benefits.--

1.  The short-time compensation benefits paid to an individual shall be deducted from the total benefit amount established for that individual as provided in ⁵subsection (4).

2.  An individual who has received all of the short-time compensation or combined unemployment compensation and short-time compensation available in a benefit year shall be considered an exhaustee for purposes of the extended benefits program as provided in ⁶subsection (5) and, if otherwise eligible under those provisions, shall be eligible to receive extended benefits.

3.  No otherwise eligible individual shall be disqualified from benefits for leaving employment instead of accepting a reduction in hours pursuant to the implementation of an approved plan.

(i)  Allocation of short-time compensation benefit charges.--Except when the result would be inconsistent with the other provisions of this chapter, short-time compensation benefits shall be charged to the employment record of employers as provided in s. 443.131(3).

History.--s. 4, ch. 18402, 1937; s. 2, ch. 19637, 1939; CGL 1940 Supp. 4151(491); s. 4, ch. 20685, 1941; s. 2, ch. 21983, 1943; s. 1, ch. 23919, 1947; ss. 1, 2, 3, ch. 26801, 1951; s. 1, ch. 29695, 1955; s. 1, ch. 57-247; s. 1, ch. 57-795; ss. 1, 2, ch. 59-55; s. 1, ch. 61-173; s. 1, ch. 67-250; ss. 17, 35, ch. 69-106; ss. 1, 2, 3, ch. 70-166; s. 4, ch. 71-225; s. 1, ch. 71-247; s. 1, ch. 72-155; s. 2, ch. 74-198; s. 1, ch. 75-121; s. 2, ch. 77-262; s. 2, ch. 77-399; s. 1, ch. 79-293; s. 182, ch. 79-400; ss. 3, 8, 9, ch. 80-95; s. 1, ch. 80-233; s. 2, ch. 81-137; ss. 1, 2, ch. 82-23; s. 3, ch. 82-91; s. 3, ch. 83-10; s. 1, ch. 83-285; s. 1, ch. 83-313; s. 1, ch. 84-21; s. 2, ch. 84-279; s. 2, ch. 85-114; s. 1, ch. 85-126; ss. 1, 2, ch. 86-10; s. 2, ch. 87-383; ss. 1, 5, ch. 88-289; s. 1, ch. 89-346; s. 2, ch. 90-89; s. 1, ch. 90-191; ss. 1, 2, 3, ch. 91-9; s. 2, ch. 92-38; s. 1, ch. 92-313; ss. 5, 6, 8, ch. 94-347; s. 5, ch. 96-378; s. 21, ch. 96-423; s. 3, ch. 97-29; ss. 1061, 1062, ch. 97-103.

¹Note.--The amendment to subsection (1) by s. 5, ch. 94-347, provided that the subsection would expire on October 1, 1997. This expiration date was deleted by s. 5, ch. 96-378. Section 6, ch. 94-347, provides that "[i]f subsection (1) of section 443.111, Florida Statutes, expires pursuant to the provisions of this act, or pursuant to a specific provision of law which provides for the expiration of said subsection, effective on the expiration date, said subsection is reenacted and amended" and will read:

(1)  MANNER OF PAYMENT.--Benefits shall be payable from the fund in accordance with such rules as the division may prescribe, subject to the following requirements and exceptions:

(a)  Benefits shall be paid through claims offices.

(b)  Each claimant shall report in person to a claims office to certify for benefits which are paid and shall continue to report at least biweekly to receive unemployment benefits and to attest to the fact that she or he is able and available for work, has not refused suitable work, and is seeking work and, if she or he has worked, to report earnings from such work.

(c)  Unemployment benefits may be mailed to claimants in cases involving interstate claims. If a claimant has returned to work, the last benefit check may be mailed, upon request of the claimant. Benefit checks not picked up on a designated day from the claims office may also be mailed, in accordance with criteria and procedures adopted by rule of the division.


Nothing herein shall be construed to prohibit the division from instituting experimental and limited projects whereby claims checks are mailed; however, the division may not implement such projects statewide until a report has been made to the Legislature and the Legislature has approved such implementation.

²Note.--Section 6, ch. 92-38, provides that "[t]he Division of Unemployment Compensation of the Department of Labor and Employment Security is authorized to promulgate rules and adopt such forms as may be necessary for administration of this act."

³Note.--This material is no longer at the cited location.

⁴Note.--Redesignated as subsection (3) by s. 5, ch. 96-378, and s. 21, ch. 96-423.

⁵Note.--Redesignated as subsection (5) by s. 5, ch. 96-378, and s. 21, ch. 96-423.

⁶Note.--Redesignated as subsection (6) by s. 5, ch. 96-378, and s. 21, ch. 96-423.

Note.--Former s. 443.04.