Bill Text: FL H0741 | 2010 | Regular Session | Introduced

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Bill Title: Unemployment Compensation

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Economic Development Policy (EDCA) [H0741 Detail]

Download: Florida-2010-H0741-Introduced.html

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HB 741

1	A bill to be entitled
2	An act relating to unemployment compensation; amending s.
3	443.036, F.S.; defining the terms "alternative base
4	period," "good cause," and "member of the individual's
5	immediate family"; redefining the term "base period";
6	amending s. 443.091, F.S.; revising the requirements for
7	eligibility to receive benefits; prohibiting a
8	determination of ineligibility based solely on the number
9	of weekly hours an unemployed individual is available to
10	work when those hours are comparable to the number of
11	hours the individual worked during the majority of the
12	base period of his or her claim; providing for an
13	alternative base period after a certain date; amending s.
14	443.101, F.S.; revising the definition of "good cause";
15	prohibiting disqualification for unemployment benefits
16	based solely on the unemployed individual's availability
17	for only part-time work under certain circumstances;
18	amending ss. 443.1216 and 443.131, F.S.; conforming cross-
19	references; amending s. 443.151, F.S.; requiring an
20	employer to provide wage information to support an
21	individual's eligibility for benefits involving an
22	alternative base period; authorizing the Agency for
23	Workforce Innovation to accept an affidavit from the
24	claimant to support eligibility for such benefits;
25	providing an effective date.
26
27	Be It Enacted by the Legislature of the State of Florida:
28
29	Section 1. Section 443.036, Florida Statutes, is amended
30	to read:
31	443.036 Definitions.-As used in this chapter, the term:
32	(1) "Able to work" means physically and mentally capable
33	of performing the duties of the occupation in which work is
34	being sought.
35	(2) "Agricultural labor" means any remunerated service
36	performed:
37	(a) On a farm, in the employ of any person, in connection
38	with cultivating the soil or in connection with raising or
39	harvesting any agricultural or horticultural commodity,
40	including the raising, shearing, feeding, caring for, training,
41	and management of livestock, bees, poultry, and fur-bearing
42	animals and wildlife.
43	(b) In the employ of the owner or tenant or other operator
44	of a farm in connection with the operation, management,
45	conservation, improvement, or maintenance of such farm and its
46	tools and equipment, or in salvaging timber or clearing land of
47	brush and other debris left by a hurricane if the major part of
48	the service is performed on a farm.
49	(c) In connection with the production or harvesting of any
50	commodity defined as an agricultural commodity in s. 15(g) of
51	the Agricultural Marketing Act, as amended (46 Stat. 1550, s. 3;
52	12 U.S.C. s. 1141j); the ginning of cotton; or the operation or
53	maintenance of ditches, canals, reservoirs, or waterways, not
54	owned or operated for profit, used exclusively for supplying and
55	storing water for farming purposes.
56	(d)1. In the employ of the operator of a farm in handling,
57	planting, drying, packing, packaging, processing, freezing,
58	grading, storing, or delivering to storage or to market or to a
59	carrier for transportation to market, in its unmanufactured
60	state, any agricultural or horticultural commodity, but only if
61	the operator produced more than one-half of the commodity for
62	which the service is performed.
63	2. In the employ of a group of operators of farms, or a
64	cooperative organization of which the operators are members, in
65	the performance of service described in subparagraph 1., but
66	only if the operators produced more than one-half of the
67	commodity for which the service is performed.
68	3. Subparagraphs 1. and 2. do not apply to service
69	performed in connection with commercial canning or commercial
70	freezing or in connection with any agricultural or horticultural
71	commodity after its delivery to a terminal market for
72	distribution for consumption or in connection with grading,
73	packing, packaging, or processing fresh citrus fruits.
74	(e) On a farm operated for profit if the service is not in
75	the course of the employer's trade or business.
76	(3) "Alternative base period" means the last four
77	completed calendar quarters immediately preceding the first day
78	of an individual's benefit year.
79	(4)(3) "American aircraft" means an aircraft registered
80	under the laws of the United States.
81	(5)(4) "American employer" means:
82	(a) An individual who is a resident of the United States.
83	(b) A partnership, if two-thirds or more of the partners
84	are residents of the United States.
85	(c) A trust, if each of the trustees is a resident of the
86	United States.
87	(d) A corporation organized under the laws of the United
88	States or of any state.
89	(6)(5) "American vessel" means any vessel documented or
90	numbered under the laws of the United States. The term includes
91	any vessel that is neither documented or numbered under the laws
92	of the United States, nor documented under the laws of any
93	foreign country, if its crew is employed solely by one or more
94	citizens or residents of the United States or corporations
95	organized under the laws of the United States or of any state.
96	(7)(6) "Available for work" means actively seeking and
97	being ready and willing to accept suitable employment.
98	(8)(7) "Base period" means the first four of the last five
99	completed calendar quarters immediately preceding the first day
100	of an individual's benefit year. If the Agency for Workforce
101	Innovation determines, pursuant to s. 443.091(1)(f), that an
102	alternative base period will be used, the term has the same
103	meaning as the alternative base period.
104	(9)(8) "Benefits" means the money payable to an
105	individual, as provided in this chapter, for his or her
106	unemployment.
107	(10)(9) "Benefit year" means, for an individual, the 1-
108	year period beginning with the first day of the first week for
109	which the individual first files a valid claim for benefits and,
110	thereafter, the 1-year period beginning with the first day of
111	the first week for which the individual next files a valid claim
112	for benefits after the termination of his or her last preceding
113	benefit year. Each claim for benefits made in accordance with s.
114	443.151(2) is a "valid claim" under this subsection if the
115	individual was paid wages for insured work in accordance with
116	the provisions of s. 443.091(1)(f) and is unemployed as defined
117	in subsection (46) (43) at the time of filing the claim.
118	However, the Agency for Workforce Innovation may adopt rules
119	providing for the establishment of a uniform benefit year for
120	all workers in one or more groups or classes of service or
121	within a particular industry when the agency determines, after
122	notice to the industry and to the workers in the industry and an
123	opportunity to be heard in the matter, that those groups or
124	classes of workers in a particular industry periodically
125	experience unemployment resulting from layoffs or shutdowns for
126	limited periods of time.
127	(11)(10) "Calendar quarter" means each period of 3
128	consecutive calendar months ending on March 31, June 30,
129	September 30, and December 31 of each year.
130	(12)(11) "Casual labor" means labor that is occasional,
131	incidental, or irregular, not exceeding 200 person-hours in
132	total duration. As used in this subsection, the term "duration"
133	means the period of time from the commencement to the completion
134	of the particular job or project. Services performed by an
135	employee for his or her employer during a period of 1 calendar
136	month or any 2 consecutive calendar months, however, are deemed
137	to be casual labor only if the service is performed on 10 or
138	fewer calendar days, regardless of whether those days are
139	consecutive. If any of the services performed by an individual
140	on a particular labor project are not casual labor, each of the
141	services performed by the individual on that job or project may
142	not be deemed casual labor. Services must constitute casual
143	labor and may not be performed in the course of the employer's
144	trade or business for those services to be exempt under this
145	section.
146	(13)(12) "Commission" means the Unemployment Appeals
147	Commission.
148	(14)(13) "Contributing employer" means an employer who is
149	liable for contributions under this chapter.
150	(15)(14) "Contribution" means a payment of payroll tax to
151	the Unemployment Compensation Trust Fund which is required under
152	this chapter to finance unemployment benefits.
153	(16)(15) "Crew leader" means an individual who:
154	(a) Furnishes individuals to perform service in
155	agricultural labor for another person.
156	(b) Pays, either on his or her own behalf or on behalf of
157	the other person, the individuals furnished by him or her for
158	the service in agricultural labor performed by those
159	individuals.
160	(c) Has not entered into a written agreement with the
161	other person under which the individual is designated as an
162	employee of the other person.
163	(17)(16) "Earned income" means gross remuneration derived
164	from work, professional service, or self-employment. The term
165	includes commissions, bonuses, back pay awards, and the cash
166	value of all remuneration paid in a medium other than cash. The
167	term does not include income derived from invested capital or
168	ownership of property.
169	(18)(17) "Educational institution" means an institution,
170	except for an institution of higher education:
171	(a) In which participants, trainees, or students are
172	offered an organized course of study or training designed to
173	transfer to them knowledge, skills, information, doctrines,
174	attitudes, or abilities from, by, or under the guidance of, an
175	instructor or teacher;
176	(b) That is approved, licensed, or issued a permit to
177	operate as a school by the Department of Education or other
178	governmental agency that is authorized within the state to
179	approve, license, or issue a permit for the operation of a
180	school; and
181	(c) That offers courses of study or training which are
182	academic, technical, trade, or preparation for gainful
183	employment in a recognized occupation.
184	(19)(18) "Employee leasing company" means an employing
185	unit that has a valid and active license under chapter 468 and
186	that maintains the records required by s. 443.171(5) and, in
187	addition, is responsible for producing quarterly reports
188	concerning the clients of the employee leasing company and the
189	internal staff of the employee leasing company. As used in this
190	subsection, the term "client" means a party who has contracted
191	with an employee leasing company to provide a worker, or
192	workers, to perform services for the client. Leased employees
193	include employees subsequently placed on the payroll of the
194	employee leasing company on behalf of the client. An employee
195	leasing company must notify the tax collection service provider
196	within 30 days after the initiation or termination of the
197	company's relationship with any client company under chapter
198	468.
199	(20)(19) "Employer" means an employing unit subject to
200	this chapter under s. 443.1215.
201	(21)(20) "Employing unit" means an individual or type of
202	organization, including a partnership, limited liability
203	company, association, trust, estate, joint-stock company,
204	insurance company, or corporation, whether domestic or foreign;
205	the receiver, trustee in bankruptcy, trustee, or successor of
206	any of the foregoing; or the legal representative of a deceased
207	person, which has or had in its employ one or more individuals
208	performing services for it within this state.
209	(a) Each individual employed to perform or to assist in
210	performing the work of any agent or employee of an employing
211	unit is deemed to be employed by the employing unit for the
212	purposes of this chapter, regardless of whether the individual
213	was hired or paid directly by the employing unit or by an agent
214	or employee of the employing unit, if the employing unit had
215	actual or constructive knowledge of the work.
216	(b) Each individual performing services in this state for
217	an employing unit maintaining at least two separate
218	establishments in this state is deemed to be performing services
219	for a single employing unit for the purposes of this chapter.
220	(c) A person who is an officer of a corporation, or a
221	member of a limited liability company classified as a
222	corporation for federal income tax purposes, and who performs
223	services for the corporation or limited liability company in
224	this state, regardless of whether those services are continuous,
225	is deemed an employee of the corporation or the limited
226	liability company during all of each week of his or her tenure
227	of office, regardless of whether he or she is compensated for
228	those services. Services are presumed to be rendered for the
229	corporation in cases in which the officer is compensated by
230	means other than dividends upon shares of stock of the
231	corporation owned by him or her.
232	(d) A limited liability company shall be treated as having
233	the same status as it is classified for federal income tax
234	purposes.
235	(22)(21) "Employment" means a service subject to this
236	chapter under s. 443.1216 which is performed by an employee for
237	the person employing him or her.
238	(23)(22) "Farm" includes stock, dairy, poultry, fruit,
239	fur-bearing animal, and truck farms, plantations, ranches,
240	nurseries, ranges, greenhouses or other similar structures used
241	primarily for the raising of agricultural or horticultural
242	commodities, and orchards.
243	(24)(23) "Fund" means the Unemployment Compensation Trust
244	Fund created under this chapter, into which all contributions
245	and reimbursements required under this chapter are deposited and
246	from which all benefits provided under this chapter are paid.
247	(25) "Good cause" for voluntarily quitting employment, as
248	used in s. 443.101(1)(a), means:
249	(a) Cause attributable to the employing unit or an illness
250	or disability of the individual that requires separation from
251	work;
252	(b) Domestic violence, as defined in s. 741.28, verified
253	by reasonable and confidential documentation which causes the
254	individual reasonably to believe that such individual's
255	continued employment would jeopardize his or her safety or the
256	safety of any member of his or her immediate family;
257	(c) Illness or disability of a member of the individual's
258	immediate family; or
259	(d) The individual's need to accompany his or her spouse,
260	if the spouse's relocation resulted from a change in the
261	spouse's employment and if the relocation makes it impractical
262	for the individual to commute to his or her workplace.
263	(26)(24) "High quarter" means the quarter in an
264	individual's base period in which the individual has the
265	greatest amount of wages paid, regardless of the number of
266	employers paying wages in that quarter.
267	(27)(25) "Hospital" means an institution that is licensed,
268	certified, or approved by the Agency for Health Care
269	Administration as a hospital.
270	(28)(26) "Institution of higher education" means an
271	educational institution that:
272	(a) Admits as regular students only individuals having a
273	certificate of graduation from a high school, or the recognized
274	equivalent of a certificate of graduation;
275	(b) Is legally authorized in this state to provide a
276	program of education beyond high school;
277	(c) Provides an educational program for which it awards a
278	bachelor's or higher degree, or provides a program that is
279	acceptable for full credit toward a bachelor's or higher degree;
280	a program of postgraduate or postdoctoral studies; or a program
281	of training to prepare students for gainful employment in a
282	recognized occupation; and
283	(d) Is a public or other nonprofit institution.
284
285	The term includes each community college and state university in
286	this state, and each other institution in this state authorized
287	under s. 1005.03 to use the designation "college" or
288	"university."
289	(29)(27) "Insured work" means employment for employers.
290	(30)(28) "Leave of absence" means a temporary break in
291	service to an employer, for a specified period of time, during
292	which the employing unit guarantees the same or a comparable
293	position to the worker at the expiration of the leave.
294	(31) "Member of the individual's immediate family" means
295	an individual's spouse, parent, or minor child.
296	(32)(29) "Misconduct" includes, but is not limited to, the
297	following, which may not be construed in pari materia with each
298	other:
299	(a) Conduct demonstrating willful or wanton disregard of
300	an employer's interests and found to be a deliberate violation
301	or disregard of the standards of behavior which the employer has
302	a right to expect of his or her employee; or
303	(b) Carelessness or negligence to a degree or recurrence
304	that manifests culpability, wrongful intent, or evil design or
305	shows an intentional and substantial disregard of the employer's
306	interests or of the employee's duties and obligations to his or
307	her employer.
308	(33)(30) "Monetary determination" means a determination of
309	whether and in what amount a claimant is eligible for benefits
310	based on the claimant's employment during the base period of the
311	claim.
312	(34)(31) "Nonmonetary determination" means a determination
313	of the claimant's eligibility for benefits based on an issue
314	other than monetary entitlement and benefit overpayment.
315	(35)(32) "Not in the course of the employer's trade or
316	business" means not promoting or advancing the trade or business
317	of the employer.
318	(36)(33) "One-stop career center" means a service site
319	established and maintained as part of the one-stop delivery
320	system under s. 445.009.
321	(37)(34) "Pay period" means a period of 31 or fewer
322	consecutive days for which a payment or remuneration is
323	ordinarily made to the employee by the person employing him or
324	her.
325	(38)(35) "Public employer" means:
326	(a) A state agency or political subdivision of the state;
327	(b) An instrumentality that is wholly owned by one or more
328	state agencies or political subdivisions of the state; or
329	(c) An instrumentality that is wholly owned by one or more
330	state agencies, political subdivisions, or instrumentalities of
331	the state and one or more state agencies or political
332	subdivisions of one or more other states.
333	(39)(36) "Reasonable assurance" means a written or verbal
334	agreement, an agreement between an employer and a worker
335	understood through tradition within the trade or occupation, or
336	an agreement defined in an employer's policy.
337	(40)(37) "Reimbursement" means a payment of money to the
338	Unemployment Compensation Trust Fund in lieu of a contribution
339	which is required under this chapter to finance unemployment
340	benefits.
341	(41)(38) "Reimbursing employer" means an employer who is
342	liable for reimbursements in lieu of contributions under this
343	chapter.
344	(42)(39) "State" includes the states of the United States,
345	the District of Columbia, Canada, the Commonwealth of Puerto
346	Rico, and the Virgin Islands.
347	(43)(40) "State law" means the unemployment insurance law
348	of any state, approved by the United States Secretary of Labor
349	under s. 3304 of the Internal Revenue Code of 1954.
350	(44)(41) "Tax collection service provider" or "service
351	provider" means the state agency providing unemployment tax
352	collection services under contract with the Agency for Workforce
353	Innovation through an interagency agreement pursuant to s.
354	443.1316.
355	(45)(42) "Temporary layoff" means a job separation due to
356	lack of work which does not exceed 8 consecutive weeks and which
357	has a fixed or approximate return-to-work date.
358	(46)(43) "Unemployment" means:
359	(a) An individual is "totally unemployed" in any week
360	during which he or she does not perform any services and for
361	which earned income is not payable to him or her. An individual
362	is "partially unemployed" in any week of less than full-time
363	work if the earned income payable to him or her for that week is
364	less than his or her weekly benefit amount. The Agency for
365	Workforce Innovation may adopt rules prescribing distinctions in
366	the procedures for unemployed individuals based on total
367	unemployment, part-time unemployment, partial unemployment of
368	individuals attached to their regular jobs, and other forms of
369	short-time work.
370	(b) An individual's week of unemployment commences only
371	after his or her registration with the Agency for Workforce
372	Innovation as required in s. 443.091, except as the agency may
373	otherwise prescribe by rule.
374	(47)(44) "Wages" means remuneration subject to this
375	chapter under s. 443.1217.
376	(48)(45) "Week" means a period of 7 consecutive days as
377	defined in the rules of the Agency for Workforce Innovation. The
378	Agency for Workforce Innovation may by rule prescribe that a
379	week is deemed to be "in," "within," or "during" the benefit
380	year that contains the greater part of the week.
381	Section 2. Paragraphs (c) and (f) of subsection (1) of
382	section 443.091, Florida Statutes, are amended to read:
383	443.091 Benefit eligibility conditions.-
384	(1) An unemployed individual is eligible to receive
385	benefits for any week only if the Agency for Workforce
386	Innovation finds that:
387	(c)1. She or he is able to work and is available for work.
388	In order to assess eligibility for a claimed week of
389	unemployment, the Agency for Workforce Innovation shall develop
390	criteria to determine a claimant's ability to work and
391	availability for work.
392	1. Notwithstanding any other provision of this paragraph,
393	an otherwise eligible individual may not be found ineligible for
394	benefits if she or he is available for part-time work. For
395	purposes of this subparagraph, "available for part-time work"
396	means the claimant is available for a number of weekly hours
397	that are comparable to the number of hours the individual worked
398	during the majority of the base period of her or his claim.
399	2. Notwithstanding any other provision of this paragraph
400	or paragraphs (b) and (d), an otherwise eligible individual may
401	not be denied benefits for any week because she or he is in
402	training with the approval of the Agency for Workforce
403	Innovation, and such an individual may not be denied benefits
404	for any week in which she or he is in training with the approval
405	of the Agency for Workforce Innovation by reason of subparagraph
406	1. relating to availability for work, or s. 443.101(2) relating
407	to failure to apply for, or refusal to accept, suitable work.
408	Training may be approved by the Agency for Workforce Innovation
409	in accordance with criteria prescribed by rule. A claimant's
410	eligibility during approved training is contingent upon
411	satisfying eligibility conditions prescribed by rule.
412	3. Notwithstanding any other provision of this chapter, an
413	otherwise eligible individual who is in training approved under
414	s. 236(a)(1) of the Trade Act of 1974, as amended, may not be
415	determined to be ineligible or disqualified for benefits with
416	respect to her or his enrollment in such training or because of
417	leaving work that is not suitable employment to enter such
418	training. As used in this subparagraph, the term "suitable
419	employment" means, for a worker, work of a substantially equal
420	or higher skill level than the worker's past adversely affected
421	employment, as defined for purposes of the Trade Act of 1974, as
422	amended, the wages for which are at least 80 percent of the
423	worker's average weekly wage as determined for purposes of the
424	Trade Act of 1974, as amended.
425	4. Notwithstanding any other provision of this section, an
426	otherwise eligible individual may not be denied benefits for any
427	week by reason of subparagraph 1. because she or he is before
428	any court of the United States or any state under a lawfully
429	issued summons to appear for jury duty.
430	(f) She or he has been paid wages for insured work equal
431	to 1.5 times her or his high quarter wages during her or his
432	base period, except that an unemployed individual is not
433	eligible to receive benefits if the base period wages are less
434	than $3,400. If a worker is ineligible for benefits based on
435	base period wages, wages for that worker must be calculated
436	using an alternative base period and the worker must have the
437	opportunity to choose whether to establish a claim using such
438	wages. Wages may be computed for an alternative base period in
439	cases in which base period wages are inadequate to establish
440	eligibility under this section and only for benefit years that
441	commence on or after January 1, 2010. Wages used to establish a
442	monetarily eligible benefit year may not be used to establish
443	monetary eligibility in a subsequent benefit year.
444	Section 3. Paragraph (a) of subsection (1) and paragraph
445	(a) of subsection (2) of section 443.101, Florida Statutes, are
446	amended to read:
447	443.101 Disqualification for benefits.-An individual shall
448	be disqualified for benefits:
449	(1)(a) For the week in which he or she has voluntarily
450	left his or her work without good cause attributable to his or
451	her employing unit or in which the individual has been
452	discharged by his or her employing unit for misconduct connected
453	with his or her work, based on a finding by the Agency for
454	Workforce Innovation. As used in this paragraph, the term "work"
455	means any work, whether full-time, part-time, or temporary.
456	1. Disqualification for voluntarily quitting continues for
457	the full period of unemployment next ensuing after he or she has
458	left his or her full-time, part-time, or temporary work
459	voluntarily without good cause and until the individual has
460	earned income equal to or in excess of 17 times his or her
461	weekly benefit amount. As used in this subsection, the term
462	"good cause" has the same meaning as in s. 443.036(25) includes
463	only that cause attributable to the employing unit or which
464	consists of illness or disability of the individual requiring
465	separation from his or her work. Any other disqualification may
466	not be imposed. An individual is not disqualified under this
467	subsection for voluntarily leaving temporary work to return
468	immediately when called to work by the permanent employing unit
469	that temporarily terminated his or her work within the previous
470	6 calendar months. For benefit years beginning on or after July
471	1, 2004, an individual is not disqualified under this subsection
472	for voluntarily leaving work to relocate as a result of his or
473	her military-connected spouse's permanent change of station
474	orders, activation orders, or unit deployment orders.
475	2. Disqualification for being discharged for misconduct
476	connected with his or her work continues for the full period of
477	unemployment next ensuing after having been discharged and until
478	the individual has become reemployed and has earned income of at
479	least 17 times his or her weekly benefit amount and for not more
480	than 52 weeks that immediately follow that week, as determined
481	by the Agency for Workforce Innovation in each case according to
482	the circumstances in each case or the seriousness of the
483	misconduct, under the agency's rules adopted for determinations
484	of disqualification for benefits for misconduct.
485	3. When an individual has provided notification to the
486	employing unit of his or her intent to voluntarily leave work
487	and the employing unit discharges the individual for reasons
488	other than misconduct prior to the date the voluntary quit was
489	to take effect, the individual, if otherwise entitled, will
490	receive benefits from the date of the employer's discharge until
491	the effective date of his or her voluntary quit.
492	4. When an individual is notified by the employing unit of
493	the employer's intent to discharge the individual for reasons
494	other than misconduct and the individual quits without good
495	cause, as defined in this section, prior to the date the
496	discharge was to take effect, the claimant is ineligible for
497	benefits pursuant to s. 443.091(1)(c)1. for failing to be
498	available for work for the week or weeks of unemployment
499	occurring prior to the effective date of the discharge.
500	(2) If the Agency for Workforce Innovation finds that the
501	individual has failed without good cause to apply for available
502	suitable work when directed by the agency or the one-stop career
503	center, to accept suitable work when offered to him or her, or
504	to return to the individual's customary self-employment when
505	directed by the agency, the disqualification continues for the
506	full period of unemployment next ensuing after he or she failed
507	without good cause to apply for available suitable work, to
508	accept suitable work, or to return to his or her customary self-
509	employment, under this subsection, and until the individual has
510	earned income at least 17 times his or her weekly benefit
511	amount. The Agency for Workforce Innovation shall by rule adopt
512	criteria for determining the "suitability of work," as used in
513	this section. The Agency for Workforce Innovation in developing
514	these rules shall consider the duration of a claimant's
515	unemployment in determining the suitability of work and the
516	suitability of proposed rates of compensation for available
517	work. Further, after an individual has received 25 weeks of
518	benefits in a single year, suitable work is a job that pays the
519	minimum wage and is 120 percent or more of the weekly benefit
520	amount the individual is drawing.
521	(a) In determining whether or not any work is suitable for
522	an individual, the Agency for Workforce Innovation shall
523	consider the degree of risk involved to the individual's his or
524	her health, safety, and morals; the individual's his or her
525	physical fitness, and prior training,; the individual's
526	experience, and prior earnings,; his or her length of
527	unemployment, and prospects for securing local work in his or
528	her customary occupation; and the distance of the available work
529	from the individual's his or her residence. An unemployed
530	individual may not be disqualified for benefits solely because
531	he or she is available for only part-time work. For purposes of
532	this paragraph, "available for part-time work" means the
533	claimant is available for a number of weekly hours that are
534	comparable to the number of hours the individual worked during
535	the majority of the base period of his or her claim.
536	Section 4. Paragraph (a) of subsection (1) and paragraph
537	(f) of subsection (13) of section 443.1216, Florida Statutes,
538	are amended to read:
539	443.1216 Employment.-Employment, as defined in s. 443.036,
540	is subject to this chapter under the following conditions:
541	(1)(a) The employment subject to this chapter includes a
542	service performed, including a service performed in interstate
543	commerce, by:
544	1. An officer of a corporation.
545	2. An individual who, under the usual common-law rules
546	applicable in determining the employer-employee relationship, is
547	an employee. However, whenever a client, as defined in s.
548	443.036(19)(18), which would otherwise be designated as an
549	employing unit has contracted with an employee leasing company
550	to supply it with workers, those workers are considered
551	employees of the employee leasing company. An employee leasing
552	company may lease corporate officers of the client to the client
553	and other workers to the client, except as prohibited by
554	regulations of the Internal Revenue Service. Employees of an
555	employee leasing company must be reported under the employee
556	leasing company's tax identification number and contribution
557	rate for work performed for the employee leasing company.
558	a. In addition to any other report required to be filed by
559	law, an employee leasing company shall submit a report to the
560	Labor Market Statistics Center within the Agency for Workforce
561	Innovation which includes each client establishment and each
562	establishment of the employee leasing company, or as otherwise
563	directed by the agency. The report must include the following
564	information for each establishment:
565	(I) The trade or establishment name;
566	(II) The former unemployment compensation account number,
567	if available;
568	(III) The former federal employer's identification number
569	(FEIN), if available;
570	(IV) The industry code recognized and published by the
571	United States Office of Management and Budget, if available;
572	(V) A description of the client's primary business
573	activity in order to verify or assign an industry code;
574	(VI) The address of the physical location;
575	(VII) The number of full-time and part-time employees who
576	worked during, or received pay that was subject to unemployment
577	compensation taxes for, the pay period including the 12th of the
578	month for each month of the quarter;
579	(VIII) The total wages subject to unemployment
580	compensation taxes paid during the calendar quarter;
581	(IX) An internal identification code to uniquely identify
582	each establishment of each client;
583	(X) The month and year that the client entered into the
584	contract for services; and
585	(XI) The month and year that the client terminated the
586	contract for services.
587	b. The report shall be submitted electronically or in a
588	manner otherwise prescribed by the Agency for Workforce
589	Innovation in the format specified by the Bureau of Labor
590	Statistics of the United States Department of Labor for its
591	Multiple Worksite Report for Professional Employer
592	Organizations. The report must be provided quarterly to the
593	Labor Market Statistics Center within the Agency for Workforce
594	Innovation, or as otherwise directed by the agency, and must be
595	filed by the last day of the month immediately following the end
596	of the calendar quarter. The information required in sub-sub-
597	subparagraphs a.(X) and (XI) need be provided only in the
598	quarter in which the contract to which it relates was entered
599	into or terminated. The sum of the employment data and the sum
600	of the wage data in this report must match the employment and
601	wages reported in the unemployment compensation quarterly tax
602	and wage report. A report is not required for any calendar
603	quarter preceding the third calendar quarter of 2010.
604	c. The Agency for Workforce Innovation shall adopt rules
605	as necessary to administer this subparagraph, and may
606	administer, collect, enforce, and waive the penalty imposed by
607	s. 443.141(1)(b) for the report required by this subparagraph.
608	d. For the purposes of this subparagraph, the term
609	"establishment" means any location where business is conducted
610	or where services or industrial operations are performed.
611	3. An individual other than an individual who is an
612	employee under subparagraph 1. or subparagraph 2., who performs
613	services for remuneration for any person:
614	a. As an agent-driver or commission-driver engaged in
615	distributing meat products, vegetable products, fruit products,
616	bakery products, beverages other than milk, or laundry or
617	drycleaning services for his or her principal.
618	b. As a traveling or city salesperson engaged on a full-
619	time basis in the solicitation on behalf of, and the
620	transmission to, his or her principal of orders from
621	wholesalers, retailers, contractors, or operators of hotels,
622	restaurants, or other similar establishments for merchandise for
623	resale or supplies for use in their business operations. This
624	sub-subparagraph does not apply to an agent-driver, or a
625	commission-driver and does not apply to sideline sales
626	activities performed on behalf of a person other than the
627	salesperson's principal.
628	4. The services described in subparagraph 3. are
629	employment subject to this chapter only if:
630	a. The contract of service contemplates that substantially
631	all of the services are to be performed personally by the
632	individual;
633	b. The individual does not have a substantial investment
634	in facilities used in connection with the services, other than
635	facilities used for transportation; and
636	c. The services are not in the nature of a single
637	transaction that is not part of a continuing relationship with
638	the person for whom the services are performed.
639	(13) The following are exempt from coverage under this
640	chapter:
641	(f) Service performed in the employ of a public employer
642	as defined in s. 443.036, except as provided in subsection (2),
643	and service performed in the employ of an instrumentality of a
644	public employer as described in s. 443.036(38)(35)(b) or (c), to
645	the extent that the instrumentality is immune under the United
646	States Constitution from the tax imposed by s. 3301 of the
647	Internal Revenue Code for that service.
648	Section 5. Paragraph (f) of subsection (3) of section
649	443.131, Florida Statutes, is amended to read:
650	443.131 Contributions.-
651	(3) VARIATION OF CONTRIBUTION RATES BASED ON BENEFIT
652	EXPERIENCE.-
653	(f) Transfer of employment records.-
654	1. For the purposes of this subsection, two or more
655	employers who are parties to a transfer of business or the
656	subject of a merger, consolidation, or other form of
657	reorganization, effecting a change in legal identity or form,
658	are deemed a single employer and are considered to be one
659	employer with a continuous employment record if the tax
660	collection service provider finds that the successor employer
661	continues to carry on the employing enterprises of all of the
662	predecessor employers and that the successor employer has paid
663	all contributions required of and due from all of the
664	predecessor employers and has assumed liability for all
665	contributions that may become due from all of the predecessor
666	employers. In addition, An employer may not be considered a
667	successor under this subparagraph if the employer purchases a
668	company with a lower rate into which employees with job
669	functions unrelated to the business endeavors of the predecessor
670	are transferred for the purpose of acquiring the low rate and
671	avoiding payment of contributions. As used in this paragraph,
672	Notwithstanding s. 443.036(15)(14), the term "contributions"
673	means all indebtedness to the tax collection service provider,
674	including, but not limited to, interest, penalty, collection
675	fee, and service fee. A successor employer must accept the
676	transfer of all of the predecessor employers' employment records
677	within 30 days after the date of the official notification of
678	liability by succession. If a predecessor employer has unpaid
679	contributions or outstanding quarterly reports, the successor
680	employer must pay the total amount with certified funds within
681	30 days after the date of the notice listing the total amount
682	due. After the total indebtedness is paid, the tax collection
683	service provider shall transfer the employment records of all of
684	the predecessor employers to the successor employer's employment
685	record. The tax collection service provider shall determine the
686	contribution rate of the combined successor and predecessor
687	employers upon the transfer of the employment records, as
688	prescribed by rule, in order to calculate any change in the
689	contribution rate resulting from the transfer of the employment
690	records.
691	2. Regardless of whether a predecessor employer's
692	employment record is transferred to a successor employer under
693	this paragraph, the tax collection service provider shall treat
694	the predecessor employer, if he or she subsequently employs
695	individuals, as an employer without a previous employment record
696	or, if his or her coverage is terminated under s. 443.121, as a
697	new employing unit.
698	3. The state agency providing unemployment tax collection
699	services may adopt rules governing the partial transfer of
700	experience rating when an employer transfers an identifiable and
701	segregable portion of his or her payrolls and business to a
702	successor employing unit. As a condition of each partial
703	transfer, these rules must require the following to be filed
704	with the tax collection service provider: an application by the
705	successor employing unit, an agreement by the predecessor
706	employer, and the evidence required by the tax collection
707	service provider to show the benefit experience and payrolls
708	attributable to the transferred portion through the date of the
709	transfer. These rules must provide that the successor employing
710	unit, if not an employer subject to this chapter, becomes an
711	employer as of the date of the transfer and that the transferred
712	portion of the predecessor employer's employment record is
713	removed from the employment record of the predecessor employer.
714	For each calendar year after the date of the transfer of the
715	employment record in the records of the tax collection service
716	provider, the service provider shall compute the contribution
717	rate payable by the successor employer or employing unit based
718	on his or her employment record, combined with the transferred
719	portion of the predecessor employer's employment record. These
720	rules may also prescribe what contribution rates are payable by
721	the predecessor and successor employers for the period between
722	the date of the transfer of the transferred portion of the
723	predecessor employer's employment record in the records of the
724	tax collection service provider and the first day of the next
725	calendar year.
726	4. This paragraph does not apply to an employee leasing
727	company and client contractual agreement as defined in s.
728	443.036. The tax collection service provider shall, if the
729	contractual agreement is terminated or the employee leasing
730	company fails to submit reports or pay contributions as required
731	by the service provider, treat the client as a new employer
732	without previous employment record unless the client is
733	otherwise eligible for a variation from the standard rate.
734	Section 6. Subsection (3) of section 443.151, Florida
735	Statutes, is amended to read:
736	443.151 Procedure concerning claims.-
737	(3) DETERMINATION.-
738	(a) In general.-The Agency for Workforce Innovation shall
739	promptly make an initial determination for each claim filed
740	under subsection (2). The determination must include a statement
741	of whether and in what amount the claimant is entitled to
742	benefits, and, in the event of a denial, must state the reasons
743	for the denial. A determination for the first week of a benefit
744	year must also include a statement of whether the claimant was
745	paid the wages required under s. 443.091(1)(f) and, if so, the
746	first day of the benefit year, the claimant's weekly benefit
747	amount, and the maximum total amount of benefits payable to the
748	claimant for a benefit year. The Agency for Workforce Innovation
749	shall promptly notify the claimant, the claimant's most recent
750	employing unit, and all employers whose employment records are
751	liable for benefits under the determination of the initial
752	determination. The determination is final unless within 20 days
753	after the mailing of the notices to the parties' last known
754	addresses, or in lieu of mailing, within 20 days after the
755	delivery of the notices, an appeal or written request for
756	reconsideration is filed by the claimant or other party entitled
757	to notice.
758	(b) Determinations involving an alternative base period.-
759	If, in the case of a claim for benefits involving an alternative
760	base period under s. 443.091(1)(f), the Agency for Workforce
761	Innovation is unable to access wage information through the
762	database of its tax collection service provider, the agency
763	shall request the information from the employer by mail. The
764	employer must provide the requested information within 10 days
765	after the agency mails the request. If wage information is
766	unavailable, the agency may base the determination on an
767	affidavit submitted by the individual attesting to his or her
768	wages for those calendar quarters. The individual must furnish
769	payroll information, if available, in support of the affidavit.
770	Benefits based on an alternative base period must be adjusted if
771	the quarterly report of wage information received from the
772	employer under s. 443.141 results in a change in the monetary
773	determination.
774	(c)(b) Determinations in labor dispute cases.-Whenever any
775	claim involves a labor dispute described in s. 443.101(4), the
776	Agency for Workforce Innovation shall promptly assign the claim
777	to a special examiner who shall make a determination on the
778	issues involving unemployment due to the labor dispute. The
779	special examiner shall make the determination after an
780	investigation, as necessary. The claimant or another party
781	entitled to notice of the determination may appeal a
782	determination under subsection (4).
783	(d)(c) Redeterminations.-
784	1. The Agency for Workforce Innovation may reconsider a
785	determination when it finds an error or when new evidence or
786	information pertinent to the determination is discovered after a
787	prior determination or redetermination. A redetermination may
788	not be made more than 1 year after the last day of the benefit
789	year unless the disqualification for making a false or
790	fraudulent representation in s. 443.101(6) is applicable, in
791	which case the redetermination may be made within 2 years after
792	the false or fraudulent representation. The Agency for Workforce
793	Innovation must promptly give notice of redetermination to the
794	claimant and to any employers entitled to notice in the manner
795	prescribed in this section for the notice of an initial
796	determination. If the amount of benefits is increased by the
797	redetermination, an appeal of the redetermination based solely
798	on the increase may be filed as provided in subsection (4). If
799	the amount of benefits is decreased by the redetermination, the
800	redetermination may be appealed by the claimant when a
801	subsequent claim for benefits is affected in amount or duration
802	by the redetermination. If the final decision on the
803	determination or redetermination to be reconsidered was made by
804	an appeals referee, the commission, or a court, the Agency for
805	Workforce Innovation may apply for a revised decision from the
806	body or court that made the final decision.
807	2. If an appeal of an original determination is pending
808	when a redetermination is issued, the appeal unless withdrawn is
809	treated as an appeal from the redetermination.
810	(e)(d) Notice of determination or redetermination.-Notice
811	of any monetary or nonmonetary determination or redetermination
812	under this chapter, together with the reasons for the
813	determination or redetermination, must be promptly given to the
814	claimant and to any employer entitled to notice in the manner
815	provided in this subsection. The Agency for Workforce Innovation
816	shall adopt rules prescribing the manner and procedure by which
817	employers within the base period of a claimant become entitled
818	to notice.
819	Section 7. This act shall take effect July 1, 2010.

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