Bill Text: FL S0728 | 2011 | Regular Session | Comm Sub
Bill Title: Unemployment Compensation [Track Bill]
Status: 2011-05-03 - Read 2nd time -SJ 758 [S0728 Detail]
Florida Senate - 2011 CS for CS for SB 728 By the Committees on Judiciary; and Commerce and Tourism; and Senators Detert and Gaetz 590-02282-11 2011728c2 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. 443.031, F.S.; revising 7 provisions relating to statutory construction; 8 amending s. 443.036, F.S.; revising the definitions 9 for “available for work,” “earned income,” 10 “misconduct,” and “unemployment”; adding a definition 11 for “initial skills review”; amending s. 443.091, 12 F.S.; revising requirements for making continued 13 claims for benefits; requiring that an individual 14 claiming benefits report certain information and 15 participate in an initial skills review; providing an 16 exception; specifying criteria for determining an 17 applicant’s availability for work; amending s. 18 443.101, F.S.; clarifying “good cause” for voluntarily 19 leaving employment; specifying acts that are “gross 20 misconduct” for purposes of discharging an employee 21 and disqualifying him or her for benefits; revising 22 the criteria for determining suitable work to reduce 23 the number of weeks a person may receive benefits 24 before having to accept a job that pays a certain 25 amount; disqualifying a person for benefits due to the 26 receipt of severance pay; revising provisions relating 27 to the effect of criminal acts on eligibility for 28 benefits; disqualifying an individual for benefits for 29 any week he or she is incarcerated; amending s. 30 443.111, F.S.; revising the manner in which benefits 31 are payable; eliminating payment by mail; providing an 32 exception; conforming provisions to changes made by 33 the act; amending s. 443.1115, F.S.; conforming cross 34 references; reviving, readopting, and amending s. 35 443.1117, F.S., relating to temporary extended 36 benefits; providing for retroactive application; 37 providing for applicability relating to extended 38 benefits for certain weeks and for periods of high 39 unemployment; providing for applicability; amending s. 40 443.1216, F.S.; providing that employee leasing 41 companies may make a one-time election to report 42 leased employees under the respective unemployment 43 account of each leasing company client; providing 44 procedures and application for such election; 45 conforming a cross-reference; amending s. 443.141, 46 F.S.; providing an employer payment schedule for 2012, 47 2013, and 2014 contributions; requiring an employer to 48 pay a fee for paying contributions on a quarterly 49 schedule; providing penalties, interest, and fees on 50 delinquent contributions; amending s. 443.151, F.S.; 51 requiring claims to be submitted by electronic means; 52 conforming cross-references; specifying the allowable 53 forms of evidence in an appeal hearing; specifying the 54 judicial venue for filing a notice of appeal; 55 providing for repayment of benefits in cases of agency 56 error; amending s. 443.171, F.S.; specifying that 57 evidence of mailing an agency document creates a 58 rebuttable presumption; providing that the act 59 fulfills an important state interest; providing 60 effective dates. 61 62 Be It Enacted by the Legislature of the State of Florida: 63 64 Section 1. Subsection (4) of section 213.053, Florida 65 Statutes, as amended by chapter 2010-280, Laws of Florida, is 66 amended to read: 67 213.053 Confidentiality and information sharing.— 68 (4) The department, while providing unemployment tax 69 collection services under contract with the Agency for Workforce 70 Innovation through an interagency agreement pursuant to s. 71 443.1316, may release unemployment tax rate information to the 72 agent of an employer
,which agentprovides payroll services for 73 more than 100 500employers, pursuant to the terms of a 74 memorandum of understanding. The memorandum of understanding 75 must state that the agent affirms, subject to the criminal 76 penalties contained in ss. 443.171 and 443.1715, that the agent 77 will retain the confidentiality of the information, that the 78 agent has in effect a power of attorney from the employer which 79 permits the agent to obtain unemployment tax rate information, 80 and that the agent shall provide the department with a copy of 81 the employer’s power of attorney upon request. 82 Section 2. Section 443.031, Florida Statutes, is amended to 83 read: 84 443.031 Rule of liberal construction.—This chapter shall be 85 liberally construed to accomplish its purpose to promote 86 employment security by increasing opportunities for reemployment 87 and to provide, through the accumulation of reserves, for the 88 payment of compensation to individuals with respect to their 89 unemployment. The Legislature hereby declares its intention to 90 provide for carrying out the purposes of this chapter in 91 cooperation with the appropriate agencies of other states and of 92 the Federal Government as part of a nationwide employment 93 security program, and particularly to provide for meeting the 94 requirements of Title III, the requirements of the Federal 95 Unemployment Tax Act, and the Wagner-Peyser Act of June 6, 1933, 96 entitled “An Act to provide for the establishment of a national 97 employment system and for cooperation with the states in the 98 promotion of such system, and for other purposes,” each as 99 amended, in order to secure for this state and its citizens the 100 grants and privileges available under such acts. All doubts in101 favor of a claimant of unemployment benefits who is unemployed102 through no fault of his or her own. Any doubtas to the proper 103 construction of any provision of this chapter shall be resolved 104 in favor of conformity with such requirements federal law,105 including, but not limited to, the Federal Unemployment Tax Act,106 the Social Security Act, the Wagner-Peyser Act, and the107 Workforce Investment Act. 108 Section 3. Effective July 1, 2011, present subsections (26) 109 through (45) of section 443.036, Florida Statutes, are 110 redesignated as subsection (27) through (46) respectively, new 111 subsection (26) is added to that section, and present 112 subsections (6), (9), (16), (29), and (43) of that section are 113 amended, to read: 114 443.036 Definitions.—As used in this chapter, the term: 115 (6) “Available for work” means actively seeking and being 116 ready and willing to accept suitable work employment. 117 (9) “Benefit year” means, for an individual, the 1-year 118 period beginning with the first day of the first week for which 119 the individual first files a valid claim for benefits and, 120 thereafter, the 1-year period beginning with the first day of 121 the first week for which the individual next files a valid claim 122 for benefits after the termination of his or her last preceding 123 benefit year. Each claim for benefits made in accordance with s. 124 443.151(2) is a valid claim under this subsectionif the 125 individual was paid wages for insured work in accordance with s. 126 443.091(1)(g) and is unemployed as defined in subsection (43)at 127 the time of filing the claim. However, the Agency for Workforce 128 Innovation may adopt rules providing for the establishment of a 129 uniform benefit year for all workers in one or more groups or 130 classes of service or within a particular industry if the agency 131 determines, after notice to the industry and to the workers in 132 the industry and an opportunity to be heard in the matter, that 133 those groups or classes of workers in a particular industry 134 periodically experience unemployment resulting from layoffs or 135 shutdowns for limited periods of time. 136 (16) “Earned income” means gross remuneration derived from 137 work, professional service, or self-employment. The term 138 includes commissions, bonuses, back pay awards or back pay 139 settlements, front pay or front wages, and the cash value of all 140 remuneration paid in a medium other than cash. The term does not 141 include income derived from invested capital or ownership of 142 property. 143 (26) “Initial skills review” means an online education or 144 training program, such as that established under s. 1004.99, 145 which is approved by the Agency for Workforce Innovation and 146 designed to measure an individual’s mastery level of workplace 147 skills. 148 (30) (29)“Misconduct” includes, but is not limited to, the 149 following, which may not be construed in pari materia with each 150 other: 151 (a) Conduct demonstrating conscious willful or wanton152 disregard of an employer’s interests and found to be a 153 deliberate violation or disregard of reasonable thestandards of 154 behavior which the employer has a right to expect of his or her 155 employee, including standards lawfully set forth in the 156 employer’s written rules of conduct; or 157 (b) Carelessness or negligence to a degree or recurrence 158 that manifests culpability or ,wrongful intent, or evil design159 or shows an intentional and substantial disregard of the 160 employer’s interests or of the employee’s duties and obligations 161 to his or her employer. 162 (44) (43)“Unemployment” or “unemployed” means: 163 (a) An individual is “totally unemployed” in any week 164 during which he or she does not perform any services and for 165 which earned income is not payable to him or her. An individual 166 is “partially unemployed” in any week of less than full-time 167 work if the earned income payable to him or her for that week is 168 less than his or her weekly benefit amount. The Agency for 169 Workforce Innovation may adopt rules prescribing distinctions in 170 the procedures for unemployed individuals based on total 171 unemployment, part-time unemployment, partial unemployment of 172 individuals attached to their regular jobs, and other forms of 173 short-time work. 174 (b) An individual’s week of unemployment commences only 175 after his or herregistration with the Agency for Workforce 176 Innovation as required in s. 443.091 , except as the agency may177 otherwise prescribe by rule. 178 Section 4. Effective July 1, 2011, paragraphs (b), (c), 179 (d), and (f) of subsection (1) of section 443.091, Florida 180 Statutes, are amended to read: 181 443.091 Benefit eligibility conditions.— 182 (1) An unemployed individual is eligible to receive 183 benefits for any week only if the Agency for Workforce 184 Innovation finds that: 185 (b) She or he has registered with the agency for work and 186 subsequently reports to the one-stop career center as directed 187 by the regional workforce board for reemployment services. This 188 requirement does not apply to persons who are: 189 1. Non-Florida residents; 190 2. On a temporary layoff , as defined in s. 443.036 (42); 191 3. Union members who customarily obtain employment through 192 a union hiring hall; or 193 4. Claiming benefits under an approved short-time 194 compensation plan as provided in s. 443.1116. 195 (c) To make continued claims for benefits, she or he is 196 reporting to the Agency for Workforce Innovation in accordance 197 with this paragraph and agency itsrules, and participating in 198 an initial skills review as directed by the agency. Agency These199 rules may not conflict with s. 443.111(1)(b), which requires 200 including the requirementthat each claimant continue to report 201 regardless of any pending appeal relating to her or his 202 eligibility or disqualification for benefits. 203 1. For each week of unemployment claimed, each report must, 204 at a minimum, include the name, address, and telephone number of 205 each prospective employer contacted, or the date the claimant 206 reported to a one-stop career center, pursuant to paragraph (d). 207 2. The administrator or operator of the initial skills 208 review shall notify the agency when the individual completes the 209 initial skills review and report the results of the review to 210 the regional workforce board or the one-stop career center as 211 directed by the workforce board. The workforce board shall use 212 the initial skills review to develop a plan for referring 213 individuals to training and employment opportunities. The 214 failure of the individual to comply with this requirement will 215 result in the individual being determined ineligible for 216 benefits for the week in which the noncompliance occurred and 217 for any subsequent week of unemployment until the requirement is 218 satisfied. However, this requirement does not apply if the 219 individual is able to affirmatively attest to being unable to 220 complete such review due to illiteracy or a language impediment. 221 (d) She or he is able to work and is available for work. In 222 order to assess eligibility for a claimed week of unemployment, 223 the agency shall develop criteria to determine a claimant’s 224 ability to work and availability for work. A claimant must be 225 actively seeking work in order to be considered available for 226 work. This means engaging in systematic and sustained efforts to 227 find work, including contacting at least five prospective 228 employers for each week of unemployment claimed. The agency may 229 require the claimant to provide proof of such efforts to the 230 one-stop career center as part of reemployment services. The 231 agency shall conduct random reviews of work search information 232 provided by claimants. As an alternative to contacting at least 233 five prospective employers for any week of unemployment claimed, 234 a claimant may, for that same week, report in person to a one 235 stop career center to meet with a representative of the center 236 and access reemployment services of the center. The center shall 237 keep a record of the services or information provided to the 238 claimant and shall provide the records to the agency upon 239 request by the agency. However: 240 1. Notwithstanding any other provision of this paragraph or 241 paragraphs (b) and (e), an otherwise eligible individual may not 242 be denied benefits for any week because she or he is in training 243 with the approval of the agency, or by reason of s. 443.101(3) 244 443.101 (2)relating to failure to apply for, or refusal to 245 accept, suitable work. Training may be approved by the agency in 246 accordance with criteria prescribed by rule. A claimant’s 247 eligibility during approved training is contingent upon 248 satisfying eligibility conditions prescribed by rule. 249 2. Notwithstanding any other provision of this chapter, an 250 otherwise eligible individual who is in training approved under 251 s. 236(a)(1) of the Trade Act of 1974, as amended, may not be 252 determined ineligible or disqualified for benefits due to her or253 hisenrollment in such training or because of leaving work that 254 is not suitable employment to enter such training. As used in 255 this subparagraph, the term “suitable employment” means work of 256 a substantially equal or higher skill level than the worker’s 257 past adversely affected employment, as defined for purposes of 258 the Trade Act of 1974, as amended, the wages for which are at 259 least 80 percent of the worker’s average weekly wage as 260 determined for purposes of the Trade Act of 1974, as amended. 261 3. Notwithstanding any other provision of this section, an 262 otherwise eligible individual may not be denied benefits for any 263 week because she or he is before any state or federal court 264 pursuant to a lawfully issued summons to appear for jury duty. 265 (f) She or he has been unemployed for a waiting period of 1 266 week. A week may not be counted as a week of unemployment under 267 this subsection unless: 268 1. UnlessIt occurs within the benefit year that includes 269 the week for which she or he claims payment of benefits. 270 2. IfBenefits have been paid for that week. 271 3. UnlessThe individual was eligible for benefits for that 272 week as provided in this section and s. 443.101, except for the 273 requirements of this subsection and ofs. 443.101(6) 443.101 (5). 274 Section 5. Effective July 1, 2011, paragraph (a) of 275 subsection (1) and present subsections (2), (3), (9), and (11) 276 of section 443.101, Florida Statutes, are amended, present 277 subsections (2) through (11) of that section are redesignated as 278 subsections (3) through (13), respectively, and new subsections 279 (2) and (12) are added to that section, to read: 280 443.101 Disqualification for benefits.—An individual shall 281 be disqualified for benefits: 282 (1)(a) For the week in which he or she has voluntarily left 283 work without good cause attributable to his or her employing 284 unit or in which the individualhas been discharged by the 285 employing unit for misconduct connected with his or her work, 286 based on a finding by the Agency for Workforce Innovation. As 287 used in this paragraph, the term “work” means any work, whether 288 full-time, part-time, or temporary. 289 1. Disqualification for voluntarily quitting continues for 290 the full period of unemployment next ensuing after the 291 individual has left his or her full-time, part-time, or 292 temporary work voluntarily without good cause and until the 293 individual has earned income equal to or greater than in excess294 of17 times his or her weekly benefit amount. As used in this 295 subsection, the term “good cause” includes only that cause 296 attributable to the employing unit which would compel a 297 reasonable individual to cease working or attributable to which298 consists ofthe individual’s illness or disability requiring 299 separation from his or her work. Any other disqualification may 300 not be imposed. An individual is not disqualified under this301 subsectionfor voluntarily leaving temporary work to return 302 immediately when called to work by the permanent employing unit 303 that temporarily terminated his or her work within the previous 304 6 calendar months, or . An individual is not disqualified under305 this subsectionfor voluntarily leaving work to relocate as a 306 result of his or her military-connected spouse’s permanent 307 change of station orders, activation orders, or unit deployment 308 orders. 309 2. Disqualification for being discharged for misconduct 310 connected with his or her work continues for the full period of 311 unemployment next ensuing after having been discharged and until 312 the individual is reemployed and has earned income of at least 313 17 times his or her weekly benefit amount and for not more than 314 52 weeks thatimmediately following followthat week, as 315 determined by the agency in each case according to the 316 circumstances in each caseor the seriousness of the misconduct, 317 under the agency’s rules adopted for determining determinations318 ofdisqualification for benefits for misconduct. 319 3. If an individual has provided notification to the 320 employing unit of his or her intent to voluntarily leave work 321 and the employing unit discharges the individual for reasons 322 other than misconduct before the date the voluntary quit was to 323 take effect, the individual, if otherwise entitled, shall 324 receive benefits from the date of the employer’s discharge until 325 the effective date of his or her voluntary quit. 326 4. If an individual is notified by the employing unit of 327 the employer’s intent to discharge the individual for reasons 328 other than misconduct and the individual quits without good 329 cause , as defined in this section,before the date the discharge 330 was to take effect, the claimant is ineligible for benefits 331 pursuant to s. 443.091(1)(d) for failing to be available for 332 work for the week or weeks of unemployment occurring before the 333 effective date of the discharge. 334 (2) For the week the individual has been discharged by the 335 employing unit for gross misconduct, based on a finding by the 336 Agency for Workforce Innovation. Disqualification for being 337 discharged for gross misconduct continues for the full period of 338 unemployment next ensuing after having been discharged and until 339 the individual is reemployed and has earned income of at least 340 17 times his or her weekly benefit amount. As used in this 341 subsection, the term “gross misconduct” means any of the 342 following: 343 (a) Willful or reckless damage to an employer’s property 344 which results in damage of more than $50. 345 (b) Theft of the property of an employer, a customer, or an 346 invitee of the employer. 347 (c) Violation of an employer’s policy relating to the 348 consumption of alcohol or drugs on the employer property, being 349 under the influence of alcohol or drugs on employer property, or 350 using alcohol or drugs while on the job or on duty. As used in 351 this paragraph, the term “alcohol or drugs” has the same meaning 352 as in s. 440.102(1)(c). 353 (d) Failure to comply with an employer’s drug and alcohol 354 testing and use policies while on the job or on duty. 355 (e) Failure to comply with applicable state or federal drug 356 and alcohol testing and use regulations, including, but not 357 limited to, 49 C.F.R. part 40 and part 382 of the Federal Motor 358 Carrier Safety Regulations, while on the job or on duty, and 359 regulations applicable to employees performing transportation 360 and other safety-sensitive job functions as defined by the 361 Federal Government. 362 (f) Assault or battery of another employee or of a customer 363 or invitee of the employer. 364 (g) Abuse of a patient, resident, disabled person, elderly 365 person, or child in her or his professional care. 366 (h) Insubordination, which is defined as the willful 367 failure to comply with a lawful, reasonable order of a 368 supervisor which is directly related to the employee’s 369 employment as described in an applicable written job 370 description, the written rules of conduct, or other lawful 371 directive of the employer. Except in cases of severe 372 insubordination, the employee must have received at least one 373 written warning from the employer before being discharged from 374 employment. 375 (i) Willful neglect of duty directly related to the 376 employee’s employment as described in an applicable written job 377 description or written rules of conduct. Except in cases of 378 severe willful neglect, the employee must have received at least 379 one written warning from the employer before being discharged 380 from employment. 381 (j) Failure to maintain a license, registration, or 382 certification required by law in order for the employee to 383 perform her or his assigned job duties as described in an 384 written job description. 385 (3) (2)If the Agency for Workforce Innovation finds that 386 the individual has failed without good cause to apply for 387 available suitable work when directed by the agency or the one388 stop career center, to accept suitable work when offered to him 389 or her, or to return to the individual’s customary self 390 employment when directed by the agency, the disqualification 391 continues for the full period of unemployment next ensuing after 392 he or she failed without good cause to apply for available 393 suitable work, to accept suitable work, or to return to his or 394 her customary self-employment, under this subsection,and until 395 the individual has earned income of at least 17 times his or her 396 weekly benefit amount. The Agency for Workforce Innovation shall 397 by rule adopt criteria for determining the “suitability of 398 work,” as used in this section. The agency for Workforce399 InnovationIn developing these rules, the agency shall consider 400 the duration of a claimant’s unemployment in determining the 401 suitability of work and the suitability of proposed rates of 402 compensation for available work. Further, after an individual 403 has received 19 25weeks of benefits in a single year, suitable 404 work is a job that pays the minimum wage and is 120 percent or 405 more of the weekly benefit amount the individual is drawing. 406 (a) In determining whether or not any work is suitable for 407 an individual, the agency for Workforce Innovationshall 408 consider the degree of risk involvedto the individual’s his or409 herhealth, safety, and morals; the individual’s his or her410 physical fitness, andprior training, ; the individual’s411 experience, andprior earnings, ; his or herlength of 412 unemployment, and prospects for securing local work in his or 413 her customary occupation; and the distance of the available work 414 from his or her residence. 415 (b) Notwithstanding any other provisions of this chapter, 416 work is not deemed suitable and benefits may not be denied under417 this chapterto any otherwise eligible individual for refusing 418 to accept new work under any of the following conditions: 419 1. IfThe position offered is vacant due directly to a 420 strike, lockout, or other labor dispute. 421 2. IfThe wages, hours, or other conditions of the work 422 offered are substantially less favorable to the individual than 423 those prevailing for similar work in the locality. 424 3. IfAs a condition of being employed, the individual is 425 would berequired to join a company union or to resign from or 426 refrain from joining any bona fide labor organization. 427 (c) If the agency for Workforce Innovationfinds that an 428 individual was rejected for offered employment as the direct 429 result of a positive, confirmed drug test required as a 430 condition of employment, the individual is disqualified for 431 refusing to accept an offer of suitable work. 432 (4) (3)For any week with respect to which he or she is 433 receiving or has received remuneration in the form of: 434 (a) Wages in lieu of notice. 435 (b) Severance pay. The number of weeks that an individual’s 436 severance pay disqualifies the individual is equal to the amount 437 of the severance pay divided by the individual’s average weekly 438 wage received from the employer that paid the severance pay, 439 rounded down to the nearest whole number, beginning with the 440 week the individual separated from that employer. 441 (c) (b)1.Compensation for temporary total disability or 442 permanent total disability under the workers’ compensation law 443 of any state or under a similar law of the United States. 444 445 2.However, if the remuneration referred to in paragraphs (a), 446 and(b), and (c) is less than the benefits that would otherwise 447 be due under this chapter, an individual who is otherwise 448 eligible he or sheis entitled to receive for that week , if449 otherwise eligible,benefits reduced by the amount of the 450 remuneration. 451 (10) (9)If the individual was terminated from his or her452 work for violation of any criminal law punishable by453 imprisonment, or for any dishonest act, in connection with his454 or her work, as follows: 455 (a) If the Agency for Workforce Innovation or the 456 Unemployment Appeals Commission finds that the individual was 457 terminated from his or herwork for violation of any criminal 458 law, under any jurisdiction, which was punishable by459 imprisonmentin connection with his or her work or affected his 460 or her ability to perform work, and the individual was 461 convicted, or entered a plea of guilty or nolo contendere found462 guilty of the offense, made an admission of guilt in a court of463 law, or entered a plea of no contest, the individual is not 464 entitled to unemployment benefits for up to 52 weeks, pursuant 465 to underrules adopted by the agency for Workforce Innovation, 466 and until he or she has earned income of at least 17 times his 467 or her weekly benefit amount. If, before an adjudication of 468 guilt, an admission of guilt, or a plea of nolo contendere no469 contest, the employer proves by competent, substantial evidence 470 to showsthe agency for Workforce Innovationthat the arrest was 471 due to a crime against the employer or the employer’s business, 472 customers, or invitees and, after considering all the evidence,473 the Agency for Workforce Innovation finds misconduct in474 connection with the individual’s work, the individual is not 475 entitled to unemployment benefits. 476 (b) If the Agency for Workforce Innovation or the 477 Unemployment Appeals Commission finds that the individual was 478 terminated from work for any dishonest act in connection with 479 his or her work, the individual is not entitled to unemployment 480 benefits for up to 52 weeks, pursuant to underrules adopted by 481 the agency for Workforce Innovation, and until he or she has 482 earned income of at least 17 times his or her weekly benefit 483 amount. In addition,If the employer terminates an individual as 484 a result of a dishonest act in connection with his or her work 485 and the agency for Workforce Innovationfinds misconduct in 486 connection with his or her work, the individual is not entitled 487 to unemployment benefits. 488 489 If With respect toan individual is disqualified for benefits, 490 the account of the terminating employer, if the employer is in 491 the base period, is noncharged at the time the disqualification 492 is imposed. 493 (12) For any week in which the individual is unavailable 494 for work due to incarceration or imprisonment. 495 (13) (11)If an individual is discharged from employment for 496 drug use as evidenced by a positive, confirmed drug test as 497 provided in paragraph (1)(d), or is rejected for offered 498 employment because of a positive, confirmed drug test as 499 provided in paragraph (3)(c) (2)(c), test results and chain of 500 custody documentation provided to the employer by a licensed and 501 approved drug-testing laboratory is self-authenticating and 502 admissible in unemployment compensation hearings, and such 503 evidence creates a rebuttable presumption that the individual 504 used, or was using, controlled substances, subject to the 505 following conditions: 506 (a) To qualify for the presumption described in this507 subsection, an employer must have implemented a drug-free 508 workplace program under ss. 440.101 and 440.102 ,and mustsubmit 509 proof that the employer has qualified for the insurance 510 discounts provided under s. 627.0915, as certified by the 511 insurance carrier or self-insurance unit. In lieu of these 512 requirements, an employer who does not fit the definition of 513 “employer” in s. 440.102 may qualify for the presumption if the 514 employer is in compliance with equivalent or more stringent 515 drug-testing standards established by federal law or regulation. 516 (b) Only laboratories licensed and approved as provided in 517 s. 440.102(9), or as provided by equivalent or more stringent 518 licensing requirements established by federal law or regulation 519 may perform the drug tests. 520 (c) Disclosure of drug test results and other information 521 pertaining to drug testing of individuals who claim or receive 522 compensation under this chapter is shall begoverned by s. 523 443.1715. 524 Section 6. Effective July 1, 2011, subsection (1) of 525 section 443.111, Florida Statutes, is amended to read: 526 443.111 Payment of benefits.— 527 (1) MANNER OF PAYMENT.—Benefits are payable from the fund 528 in accordance with rules adopted by the Agency for Workforce 529 Innovation, subject to the following requirements: 530 (a) Benefits are payable by mail orelectronically, except 531 that an individual being paid by paper warrant on July 1, 2011, 532 may continue to be paid in that manner until the expiration of 533 the claim. Notwithstanding s. 409.942(4), the agency may develop 534 a system for the payment of benefits by electronic funds 535 transfer, including, but not limited to, debit cards, electronic 536 payment cards, or any other means of electronic payment that the 537 agency deems to be commercially viable or cost-effective. 538 Commodities or services related to the development of such a 539 system shall be procured by competitive solicitation, unless 540 they are purchased from a state term contract pursuant to s. 541 287.056. The agency shall adopt rules necessary to administer 542 this paragraph the system. 543 (b) As required under s. 443.091(1), each claimant must 544 report in the manner prescribed by the agency for Workforce545 Innovation to certify for benefits that are paid and must546 continue to reportat least biweekly to receive unemployment 547 benefits and to attest to the fact that she or he is able and 548 available for work, has not refused suitable work, is seeking 549 work and has contacted at least five prospective employers or 550 reported in person to a one-stop career center for reemployment 551 services for each week of unemployment claimed, and, if she or 552 he has worked, to report earnings from that work. Each claimant 553 must continue to report regardless of any appeal or pending 554 appeal relating to her or his eligibility or disqualification 555 for benefits. 556 Section 7. Effective July 1, 2011, paragraph (c) of 557 subsection (3) of section 443.1115, Florida Statutes, is amended 558 to read: 559 443.1115 Extended benefits.— 560 (3) ELIGIBILITY REQUIREMENTS FOR EXTENDED BENEFITS.— 561 (c)1. An individual is disqualified from receiving extended 562 benefits if the Agency for Workforce Innovation finds that, 563 during any week of unemployment in her or his eligibility 564 period: 565 a. She or he failed to apply for suitable work or, if 566 offered, failed to accept suitable work, unless the individual 567 can furnish to the agency satisfactory evidence that her or his 568 prospects for obtaining work in her or his customary occupation 569 within a reasonably short period are good. If this evidence is 570 deemed satisfactory for this purpose, the determination of 571 whether any work is suitable for the individual shall be made in 572 accordance with the definition of suitable work in s. 443.101(3) 573 443.101 (2). This disqualification begins with the week the 574 failure occurred and continues until she or he is employed for 575 at least 4 weeks and receives earned income of at least 17 times 576 her or his weekly benefit amount. 577 b. She or he failed to furnish tangible evidence that she 578 or he actively engaged in a systematic and sustained effort to 579 find work. This disqualification begins with the week the 580 failure occurred and continues until she or he is employed for 581 at least 4 weeks and receives earned income of at least 4 times 582 her or his weekly benefit amount. 583 2. Except as otherwise provided in sub-subparagraph 1.a., 584 as used in this paragraph, the term “suitable work” means any 585 work within the individual’s capabilities to perform, if: 586 a. The gross average weekly remuneration payable for the 587 work exceeds the sum of the individual’s weekly benefit amount 588 plus the amount, if any, of supplemental unemployment benefits, 589 as defined in s. 501(c)(17)(D) of the Internal Revenue Code of 590 1954, as amended, payable to the individual for that week; 591 b. The wages payable for the work equal the higher of the 592 minimum wages provided by s. 6(a)(1) of the Fair Labor Standards 593 Act of 1938, without regard to any exemption, or the state or 594 local minimum wage; and 595 c. The work otherwise meets the definition of suitable work 596 in s. 443.101(3) 443.101 (2)to the extent that the criteria for 597 suitability are not inconsistent with this paragraph. 598 Section 8. Notwithstanding the expiration date contained in 599 section 1 of chapter 2010-90, Laws of Florida, operating 600 retroactive to December 17, 2010, and expiring January 4, 2012, 601 section 443.1117, Florida Statutes, is revived, readopted, and 602 amended to read: 603 443.1117 Temporary extended benefits.— 604 (1) APPLICABILITY OF EXTENDED BENEFITS STATUTE.—Except if 605 the result is inconsistent with theother provisions of this 606 section, s. 443.1115(2), (3), (4), (6), and (7) apply to all 607 claims covered by this section. 608 (2) DEFINITIONS.—As used in For the purposes ofthis 609 section, the term: 610 (a) “Regular benefits” and “extended benefits” have the 611 same meaning as in s. 443.1115. 612 (b) “Eligibility period” means the weeks in an individual’s 613 benefit year or emergency benefit period which begin in an 614 extended benefit period and, if the benefit year or emergency 615 benefit period ends within that extended benefit period, any 616 subsequent weeks beginning in that period. 617 (c) “Emergency benefits” means Emergency Unemployment 618 Compensation paid pursuant to Pub. L. No. 110-252, Pub. L. No. 619 110-449, Pub. L. No. 111-5, Pub. L. No. 111-92, andPub. L. No. 620 111-118, Pub. L. No. 111-144, andPub. L. No. 111-157, Pub. L. 621 No. 111-205, and Pub. L. No. 111-312. 622 (d) “Extended benefit period” means a period that: 623 1. Begins with the third week after a week for which there 624 is a state “on” indicator; and 625 2. Ends with any of the following weeks, whichever occurs 626 later: 627 a. The third week after the first week for which there is a 628 state “off” indicator; 629 b. The 13th consecutive week of that period. 630 631 However, an extended benefit period may not begin by reason of a 632 state “on” indicator before the 14th week after the end of a 633 prior extended benefit period that was in effect for this state. 634 (e) “Emergency benefit period” means the period during 635 which an individual receives emergency benefits as defined in636 paragraph (c). 637 (f) “Exhaustee” means an individual who, for any week of 638 unemployment in her or his eligibility period: 639 1. Has received, before that week, all of the regular 640 benefits and emergency benefits, if any, available under this 641 chapter or any other law, including dependents’ allowances and 642 benefits payable to federal civilian employees and ex 643 servicemembers under 5 U.S.C. ss. 8501-8525, in the current 644 benefit year or emergency benefit period that includes that 645 week. For the purposes of this subparagraph, an individual has 646 received all of the regular benefits and emergency benefits, if 647 any, available even if although, as a result of a pending appeal 648 for wages paid for insured work which were not considered in the 649 original monetary determination in the benefit year, she or he 650 may subsequently be determined to be entitled to added regular 651 benefits; 652 2. Had a benefit year that whichexpired before that week, 653 and was paid no, or insufficient, wages for insured work on the 654 basis of which she or he could establish a new benefit year that 655 includes that week; and 656 3.a. Has no right to unemployment benefits or allowances 657 under the Railroad Unemployment Insurance Act or other federal 658 laws as specified in regulations issued by the United States 659 Secretary of Labor; and 660 b. Has not received and is not seeking unemployment 661 benefits under the unemployment compensation law of Canada; but 662 if an individual is seeking those benefits and the appropriate 663 agency finally determines that she or he is not entitled to 664 benefits under that law, she or he is considered an exhaustee. 665 (g) “State ‘on’ indicator” means, with respect to weeks of 666 unemployment beginning on or after February 1, 2009, andending 667 on or before December 10, 2011 May 8, 2010, the occurrence of a 668 week in which the average total unemployment rate, seasonally 669 adjusted, as determined by the United States Secretary of Labor, 670 for the most recent 3 months for which data for all states are 671 published by the United States Department of Labor: 672 1. Equals or exceeds 110 percent of the average of those 673 rates for the corresponding 3-month period ending in any or all 674 eachof the preceding 3 2calendar years; and 675 2. Equals or exceeds 6.5 percent. 676 (h) “High unemployment period” means, with respect to weeks 677 of unemployment beginning on or after February 1, 2009, and678 ending on or before December 10, 2011 May 8, 2010, any week in 679 which the average total unemployment rate, seasonally adjusted, 680 as determined by the United States Secretary of Labor, for the 681 most recent 3 months for which data for all states are published 682 by the United States Department of Labor: 683 1. Equals or exceeds 110 percent of the average of those 684 rates for the corresponding 3-month period ending in any or all 685 eachof the preceding 3 2calendar years; and 686 2. Equals or exceeds 8 percent. 687 (i) “State ‘off’ indicator” means the occurrence of a week 688 in which there is no state “on” indicator or which does not 689 constitute a high unemployment period. 690 (3) TOTAL EXTENDED BENEFIT AMOUNT.—Except as provided in 691 subsection (4): 692 (a) For any week for which there is an “on” indicator 693 pursuant to paragraph (2)(g), the total extended benefit amount 694 payable to an eligible individual for her or his applicable 695 benefit year is the lesser of: 696 1. Fifty percent of the total regular benefits payable 697 under this chapter in the applicable benefit year; or 698 2. Thirteen times the weekly benefit amount payable under 699 this chapter for a week of total unemployment in the applicable 700 benefit year. 701 (b) For any high unemployment period, the total extended 702 benefit amount payable to an eligible individual for her or his 703 applicable benefit year is the lesser of: 704 1. Eighty percent of the total regular benefits payable 705 under this chapter in the applicable benefit year; or 706 2. Twenty times the weekly benefit amount payable under 707 this chapter for a week of total unemployment in the applicable 708 benefit year. 709 (4) EFFECT ON TRADE READJUSTMENT.—Notwithstanding any other 710 provision of this chapter, if the benefit year of an individual 711 ends within an extended benefit period, the number of weeks of 712 extended benefits the individual is entitled to receive in that 713 extended benefit period for weeks of unemployment beginning 714 after the end of the benefit year, except as provided in this 715 section, is reduced, but not to below zero, by the number of 716 weeks for which the individual received, within that benefit 717 year, trade readjustment allowances under the Trade Act of 1974, 718 as amended. 719 Section 9. The provisions of s. 443.1117, Florida Statutes, 720 as revived, readopted, and amended by this act, apply only to 721 claims for weeks of unemployment in which an exhaustee 722 establishes entitlement to extended benefits pursuant to that 723 section which are established for the period between December 724 17, 2010, and January 4, 2012. 725 Section 10. Effective July 1, 2011, paragraph (a) of 726 subsection (1) and paragraph (f) of subsection (13) of section 727 443.1216, Florida Statutes, are amended to read: 728 443.1216 Employment.—Employment, as defined in s. 443.036, 729 is subject to this chapter under the following conditions: 730 (1)(a) The employment subject to this chapterincludes a 731 service performed, including a service performed in interstate 732 commerce, by: 733 1. An officer of a corporation. 734 2. An individual who, under the usual common-law rules 735 applicable in determining the employer-employee relationship, is 736 an employee. However, if whenevera client, as defined in s.737 443.036 (18),which would otherwise be designated as an employing 738 unit, has contracted with an employee leasing company to supply 739 it with workers, those workers are considered employees of the 740 employee leasing company and must be reported under the leasing 741 company’s tax identification number and contribution rate for 742 work performed for the leasing company. 743 a. However, except for the internal employees of an 744 employee leasing company, a leasing company may make a one-time 745 election to report and pay contributions under the client 746 method. Under the client method, a leasing company must assign 747 leased employees to the client company that is leasing the 748 employees. The client method is solely a method to report and 749 pay unemployment contributions. For all other purposes, the 750 leased employees are considered employees of the employee 751 leasing company. A leasing company that elects the client method 752 shall pay contributions at the rates assigned to each client 753 company. 754 (I) The election applies to all of the leasing company’s 755 current and future clients. 756 (II) The leasing company must notify the Agency for 757 Workforce Innovation or the tax collection service provider of 758 its election by August 1, and such election applies to reports 759 and contributions for the first quarter of the following 760 calendar year. The notification must include: 761 (A) A list of each client company and its unemployment 762 account number; 763 (B) A list of each client company’s current and previous 764 employees and their respective social security numbers for the 765 prior 3 state fiscal years; and 766 (C) All wage data and benefit charges for the prior 3 state 767 fiscal years. 768 (III) Subsequent to such election, the employee leasing 769 company may not change its reporting method. 770 (IV) The employee leasing company must file a Florida 771 Department of Revenue Employer’s Quarterly Report (UCT-6) for 772 each client company and pay all contributions by approved 773 electronic means. 774 (V) For the purposes of calculating experience rates, the 775 election is treated like a total or partial succession, 776 depending on the percentage of employees leased. If the client 777 company leases only a portion of its employees from the leasing 778 company, the client company shall continue to report the 779 nonleased employees under its tax rate based on the experience 780 of the nonleased employees. 781 (VI) A leasing company that makes a one-time election under 782 this sub-subparagraph is not required to submit quarterly 783 Multiple Worksite Reports required by sub-subparagraphs c. and 784 d. 785 (VII) This sub-subparagraph applies to all employee leasing 786 companies, including each leasing company that is a group member 787 or group leader of an employee leasing company group licensed 788 pursuant to chapter 468. The election is binding on all employee 789 leasing companies and their related enterprises, subsidiaries, 790 or other entities that share common ownership, management, or 791 control with the leasing company. The election is also binding 792 on all clients of the leasing company for as long as a written 793 agreement is in effect between the client and the leasing 794 company pursuant to s. 468.525(3)(a). If the relationship 795 between the leasing company and the client terminates, the 796 client retains the wage and benefit history experienced under 797 the leasing company. 798 b. An employee leasing company may lease corporate officers 799 of the client to the client and other workers to the client, 800 except as prohibited by regulations of the Internal Revenue 801 Service. Employees of an employee leasing company must be802 reported under the employee leasing company’s tax identification803 number and contribution rate for work performed for the employee804 leasing company.805 c. a.In addition to any other report required to be filed 806 by law, an employee leasing company shall submit a report to the 807 Labor Market Statistics Center within the Agency for Workforce 808 Innovation which includes each client establishment and each 809 establishment of the employeeleasing company, or as otherwise 810 directed by the agency. The report must include the following 811 information for each establishment: 812 (I) The trade or establishment name; 813 (II) The former unemployment compensation account number, 814 if available; 815 (III) The former federal employer’s identification number 816 (FEIN), if available; 817 (IV) The industry code recognized and published by the 818 United States Office of Management and Budget, if available; 819 (V) A description of the client’s primary business activity 820 in order to verify or assign an industry code; 821 (VI) The address of the physical location; 822 (VII) The number of full-time and part-time employees who 823 worked during, or received pay that was subject to unemployment 824 compensation taxes for, the pay period including the 12th of the 825 month for each month of the quarter; 826 (VIII) The total wages subject to unemployment compensation 827 taxes paid during the calendar quarter; 828 (IX) An internal identification code to uniquely identify 829 each establishment of each client; 830 (X) The month and year that the client entered into the 831 contract for services; and 832 (XI) The month and year that the client terminated the 833 contract for services. 834 d. b.The report shall be submitted electronically or in a 835 manner otherwise prescribed by the Agency for Workforce 836 Innovation in the format specified by the Bureau of Labor 837 Statistics of the United States Department of Labor for its 838 Multiple Worksite Report for Professional Employer 839 Organizations. The report must be provided quarterly to the 840 Labor Market Statistics Center within the agency for Workforce841 Innovation, or as otherwise directed by the agency, and must be 842 filed by the last day of the month immediately following the end 843 of the calendar quarter. The information required in sub-sub 844 subparagraphs c.(X) and (XI) a.(X) and (XI)need be provided 845 only in the quarter in which the contract to which it relates 846 was entered into or terminated. The sum of the employment data 847 and the sum of the wage data in this report must match the 848 employment and wages reported in the unemployment compensation 849 quarterly tax and wage report. A report is not required for any 850 calendar quarter preceding the third calendar quarter of 2010. 851 e. c.The Agency for Workforce Innovation shall adopt rules 852 as necessary to administer this subparagraph, and may 853 administer, collect, enforce, and waive the penalty imposed by 854 s. 443.141(1)(b) for the report required by this subparagraph. 855 f. d.For the purposes of this subparagraph, the term 856 “establishment” means any location where business is conducted 857 or where services or industrial operations are performed. 858 3. An individual other than an individual who is an 859 employee under subparagraph 1. or subparagraph 2., who performs 860 services for remuneration for any person: 861 a. As an agent-driver or commission-driver engaged in 862 distributing meat products, vegetable products, fruit products, 863 bakery products, beverages other than milk, or laundry or 864 drycleaning services for his or her principal. 865 b. As a traveling or city salesperson engaged on a full 866 time basis in the solicitation on behalf of, and the 867 transmission to, his or her principal of orders from 868 wholesalers, retailers, contractors, or operators of hotels, 869 restaurants, or other similar establishments for merchandise for 870 resale or supplies for use in their business operations. This 871 sub-subparagraph does not apply to an agent-driver or a 872 commission-driver and does not apply to sideline sales 873 activities performed on behalf of a person other than the 874 salesperson’s principal. 875 4. The services described in subparagraph 3. are employment 876 subject to this chapter only if: 877 a. The contract of service contemplates that substantially 878 all of the services are to be performed personally by the 879 individual; 880 b. The individual does not have a substantial investment in 881 facilities used in connection with the services, other than 882 facilities used for transportation; and 883 c. The services are not in the nature of a single 884 transaction that is not part of a continuing relationship with 885 the person for whom the services are performed. 886 (13) The following are exempt from coverage under this 887 chapter: 888 (f) Service performed in the employ of a public employer as 889 defined in s. 443.036, except as provided in subsection (2), and 890 service performed in the employ of an instrumentality of a 891 public employer as described in s. 443.036(36)(b) 443.036 (35)(b)892 or (c), to the extent that the instrumentality is immune under 893 the United States Constitution from the tax imposed by s. 3301 894 of the Internal Revenue Code for that service. 895 Section 11. Present paragraph (f) of subsection (1) of 896 section 443.141, Florida Statutes, is redesignated as paragraph 897 (g), and a new paragraph (f) is added to that subsection, to 898 read: 899 443.141 Collection of contributions and reimbursements.— 900 (1) PAST DUE CONTRIBUTIONS AND REIMBURSEMENTS; DELINQUENT, 901 ERRONEOUS, INCOMPLETE, OR INSUFFICIENT REPORTS.— 902 (f) Payments for 2012, 2013, and 2014 Contributions.—For an 903 annual administrative fee not to exceed $5, a contributing 904 employer may pay its quarterly contributions due for wages paid 905 in the first three quarters of 2012, 2013, and 2014 in equal 906 installments if those contributions are paid as follows: 907 1. For contributions due for wages paid in the first 908 quarter of each year, one-fourth of the contributions due must 909 be paid on or before April 30, one-fourth must be paid on or 910 before July 31, one-fourth must be paid on or before October 31, 911 and one-fourth must be paid on or before December 31. 912 2. In addition to the payments specified in subparagraph 913 1., for contributions due for wages paid in the second quarter 914 of each year, one-third of the contributions due must be paid on 915 or before July 31, one-third must be paid on or before October 916 31, and one-third must be paid on or before December 31. 917 3. In addition to the payments specified in subparagraphs 918 1. and 2., for contributions due for wages paid in the third 919 quarter of each year, one-half of the contributions due must be 920 paid on or before October 31, and one-half must be paid on or 921 before December 31. 922 4. The annual administrative fee assessed for electing to 923 pay under the installment method shall be collected at the time 924 the employer makes the first installment payment each year. The 925 fee shall be segregated from the payment and deposited into the 926 Operating Trust Fund of the Department of Revenue. 927 5. Interest does not accrue on any contribution that 928 becomes due for wages paid in the first three quarters of each 929 year if the employer pays the contribution in accordance with 930 subparagraphs 1.-4. Interest and fees continue to accrue on 931 prior delinquent contributions and commence accruing on all 932 contributions due for wages paid in the first three quarters of 933 each year which are not paid in accordance with subparagraphs 934 1.-3. Penalties may be assessed in accordance with this chapter. 935 The contributions due for wages paid in the fourth quarter of 936 2012, 2013, and 2014 are not affected by this paragraph and are 937 due and payable in accordance with this chapter. 938 Section 12. Effective July 1, 2011, paragraph (a) of 939 subsection (2), paragraphs (d) and (e) of subsection (3), and 940 paragraphs (b) and (e) of subsection (4) of section 443.151, 941 Florida Statutes, are amended, present paragraphs (c) through 942 (f) of subsection (6) of that section are redesignated as 943 paragraphs (d) through (g), respectively, and a new paragraph 944 (c) is added to that subsection, to read: 945 443.151 Procedure concerning claims.— 946 (2) FILING OF CLAIM INVESTIGATIONS; NOTIFICATION OF 947 CLAIMANTS AND EMPLOYERS.— 948 (a) In general.—Initial and continued claims for benefits 949 must be made by approved electronic means and in accordance with 950 therules adopted by the Agency for Workforce Innovation. The 951 agency must notify claimants and employers regarding monetary 952 and nonmonetary determinations of eligibility. Investigations of 953 issues raised in connection with a claimant which may affect a 954 claimant’s eligibility for benefits or charges to an employer’s 955 employment record shall be conducted by the agency through 956 written, telephonic, or electronic means as prescribed by rule. 957 (3) DETERMINATION OF ELIGIBILITY.— 958 (d) Determinations in labor dispute cases.—If a Whenever959 anyclaim involves a labor dispute described in s. 443.101(5) 960 443.101 (4), the Agency for Workforce Innovation shall promptly 961 assign the claim to a special examiner who shall make a 962 determination on the issues involving unemployment due to the 963 labor dispute. The special examiner shall make the determination 964 after an investigation, as necessary. The claimant or another 965 party entitled to notice of the determination may appeal a 966 determination under subsection (4). 967 (e) Redeterminations.— 968 1. The Agency for Workforce Innovation may reconsider a 969 determination if it finds an error or if new evidence or 970 information pertinent to the determination is discovered after a 971 prior determination or redetermination. A redetermination may 972 not be made more than 1 year after the last day of the benefit 973 year unless the disqualification for making a false or 974 fraudulent representation under s. 443.101(7) 443.101 (6)is 975 applicable, in which case the redetermination may be made within 976 2 years after the false or fraudulent representation. The agency 977 must promptly give notice of redetermination to the claimant and 978 to any employers entitled to notice in the manner prescribed in 979 this section for the notice of an initial determination. 980 2. If the amount of benefits is increased by the 981 redetermination, an appeal of the redetermination based solely 982 on the increase may be filed as provided in subsection (4). If 983 the amount of benefits is decreased by the redetermination, the 984 redetermination may be appealed by the claimant if a subsequent 985 claim for benefits is affected in amount or duration by the 986 redetermination. If the final decision on the determination or 987 redetermination to be reconsidered was made by an appeals 988 referee, the commission, or a court, the Agency for Workforce 989 Innovation may apply for a revised decision from the body or 990 court that made the final decision. 991 3. If an appeal of an original determination is pending 992 when a redetermination is issued, the appeal, unless withdrawn, 993 is treated as an appeal from the redetermination. 994 (4) APPEALS.— 995 (b) Filing and hearing.— 996 1. The claimant or any other party entitled to notice of a 997 determination may appeal an adverse determination to an appeals 998 referee within 20 days after the date of mailing ofthe notice 999 to her or his last known address or, if the notice is not 1000 mailed, within 20 days after the date of delivering delivery of1001 the notice. 1002 2. Unless the appeal is untimely or withdrawn, or review is 1003 initiated by the commission, the appeals referee, after mailing 1004 all parties and attorneys of record a notice of hearing at least 1005 10 days before the date of hearing, notwithstanding the 14-day 1006 notice requirement in s. 120.569(2)(b), may only affirm, modify, 1007 or reverse the determination. An appeal may not be withdrawn 1008 without the permission of the appeals referee. 1009 3. However, if whenan appeal appears to have been filed 1010 after the permissible time limit, the Office of Appeals may 1011 issue an order to show cause to the appellant which requires ,1012 requiringthe appellant to show why the appeal should not be 1013 dismissed as untimely. If the appellant does not, within 15 days 1014 after the mailing date of the order to show cause, the appellant 1015 does not provide written evidence of timely filing or good cause 1016 for failure to appeal timely, the appeal shall be dismissed. 1017 4. If Whenan appeal involves a question of whether 1018 services were performed by a claimant in employment or for an 1019 employer, the referee must give special notice of the question 1020 and of the pendency of the appeal to the employing unit and to 1021 the Agency for Workforce Innovation, both of which become 1022 parties to the proceeding. 1023 5. Any part of the evidence may be received in written 1024 form, and all testimony of parties and witnesses must be made 1025 under oath. 1026 a. Irrelevant, immaterial, or unduly repetitious evidence 1027 shall be excluded, but all other evidence of a type commonly 1028 relied upon by reasonably prudent persons in the conduct of 1029 their affairs is admissible, whether or not such evidence would 1030 be admissible in a trial in state court. 1031 b. Hearsay evidence may be used for the purpose of 1032 supplementing or explaining other evidence, or to support a 1033 finding if it would be admissible over objection in civil 1034 actions. Notwithstanding s. 120.57(1)(c), hearsay evidence may 1035 support a finding of fact if: 1036 (I) The party against whom it is offered has a reasonable 1037 opportunity to review it before the hearing; and 1038 (II) The appeals referee or special deputy determines, 1039 after considering all relevant facts and circumstances, that the 1040 evidence is trustworthy and probative and that the interests of 1041 justice are best served by its admission into evidence. 1042 6. 5.The parties must be notified promptly of the referee’s 1043 decision. The referee’s decision is final unless further review 1044 is initiated under paragraph (c) within 20 days after the date 1045 of mailing notice of the decision to the party’s last known 1046 address or, in lieu of mailing, within 20 days after the 1047 delivery of the notice. 1048 (e) Judicial review.—Orders of the commission entered under 1049 paragraph (c) are subject to review only by notice of appeal in 1050 the district court of appeal in the appellate district in which1051 the issues involved were decided by an appeals referee. If the 1052 notice of appeal is filed by the claimant, it must be filed in 1053 the appellate district in which the claimant resides. If the 1054 notice of appeal is filed by the employer, it must be filed in 1055 the appellate district in which the business is located. 1056 However, if the claimant does not reside in this state or the 1057 business is not located in this state, the notice of appeal must 1058 be filed in the appellate district in which the order was 1059 issued. Notwithstanding chapter 120, the commission is a party 1060 respondent to every such proceeding. The Agency for Workforce 1061 Innovation may initiate judicial review of orders in the same 1062 manner and to the same extent as any other party. 1063 (6) RECOVERY AND RECOUPMENT.— 1064 (c) Any person who, by reason other than fraud, receives 1065 benefits under this chapter for which she or he is not entitled 1066 due to the failure of the Agency for Workforce Innovation to 1067 make and provide notice of a nonmonetary determination under 1068 paragraph (3)(c) within 30 days after filing a new claim, is 1069 liable for repaying up to 5 weeks of benefits received to the 1070 agency on behalf of the trust fund or may have those benefits 1071 deducted from any future benefits payable to her or him under 1072 this chapter. 1073 Section 13. Subsection (10) is added to section 443.171, 1074 Florida Statutes, to read: 1075 443.171 Agency for Workforce Innovation and commission; 1076 powers and duties; records and reports; proceedings; state 1077 federal cooperation.— 1078 (10) EVIDENCE OF MAILING.—A mailing date on any notice, 1079 determination, decision, order, or other document mailed by the 1080 Agency for Workforce Innovation or its tax collection service 1081 provider pursuant to this chapter creates a rebuttable 1082 presumption that such notice, determination, order, or other 1083 document was mailed on the date indicated. 1084 Section 14. The Legislature finds that this act fulfills an 1085 important state interest. 1086 Section 15. Except as otherwise expressly provided in this 1087 act, this act shall take effect upon becoming a law.