Bill Text: FL H1283 | 2011 | Regular Session | Introduced


Bill Title: Unemployment Compensation

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H1283 Detail]

Download: Florida-2011-H1283-Introduced.html
HB 1283

1
A bill to be entitled
2An act relating to unemployment compensation; amending s.
3443.036, F.S.; conforming a cross-reference; defining the
4terms "community service" and "reemployment services";
5amending s. 443.091, F.S.; providing that an unemployed
6individual is eligible to receive benefits if she or he
7participates in a community service program administered
8by a one-stop career center; amending ss. 443.1216,
9443.131, and 443.151, F.S.; conforming cross-references;
10providing an effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Present subsection (9) and present subsections
15(13) through (36) of section 443.036, Florida Statutes, are
16renumbered as subsections (14) through (37), respectively,
17present subsections (37) through (45) of that subsection are
18renumbered as subsections (39) through (47), respectively, and
19amended, and new subsections (13) and (38) are added to that
20section, to read:
21     443.036  Definitions.-As used in this chapter, the term:
22     (9)  "Benefit year" means, for an individual, the 1-year
23period beginning with the first day of the first week for which
24the individual first files a valid claim for benefits and,
25thereafter, the 1-year period beginning with the first day of
26the first week for which the individual next files a valid claim
27for benefits after the termination of his or her last preceding
28benefit year. Each claim for benefits made in accordance with s.
29443.151(2) is a valid claim under this subsection if the
30individual was paid wages for insured work in accordance with s.
31443.091(1)(h) s. 443.091(1)(g) and is unemployed as defined in
32subsection (43) at the time of filing the claim. However, the
33Agency for Workforce Innovation may adopt rules providing for
34the establishment of a uniform benefit year for all workers in
35one or more groups or classes of service or within a particular
36industry if the agency determines, after notice to the industry
37and to the workers in the industry and an opportunity to be
38heard in the matter, that those groups or classes of workers in
39a particular industry periodically experience unemployment
40resulting from layoffs or shutdowns for limited periods of time.
41     (13)  "Community service" means any program operated by a
42one-stop career center in which unemployed persons are required
43to perform volunteer services for private nonprofit or public
44entities.
45     (14)(13)  "Contributing employer" means an employer who is
46liable for contributions under this chapter.
47     (15)(14)  "Contribution" means a payment of payroll tax to
48the Unemployment Compensation Trust Fund which is required under
49this chapter to finance unemployment benefits.
50     (16)(15)  "Crew leader" means an individual who:
51     (a)  Furnishes individuals to perform service in
52agricultural labor for another person.
53     (b)  Pays, either on his or her own behalf or on behalf of
54the other person, the individuals furnished by him or her for
55the service in agricultural labor performed by those
56individuals.
57     (c)  Has not entered into a written agreement with the
58other person under which the individual is designated as an
59employee of the other person.
60     (17)(16)  "Earned income" means gross remuneration derived
61from work, professional service, or self-employment. The term
62includes commissions, bonuses, back pay awards, and the cash
63value of all remuneration paid in a medium other than cash. The
64term does not include income derived from invested capital or
65ownership of property.
66     (18)(17)  "Educational institution" means an institution,
67except for an institution of higher education:
68     (a)  In which participants, trainees, or students are
69offered an organized course of study or training designed to
70transfer to them knowledge, skills, information, doctrines,
71attitudes, or abilities from, by, or under the guidance of, an
72instructor or teacher;
73     (b)  Which That is approved, licensed, or issued a permit
74to operate as a school by the Department of Education or other
75governmental agency that is authorized within the state to
76approve, license, or issue a permit for the operation of a
77school; and
78     (c)  Which That offers courses of study or training which
79are academic, technical, trade, or preparation for gainful
80employment in a recognized occupation.
81     (19)(18)  "Employee leasing company" means an employing
82unit that has a valid and active license under chapter 468, and
83that maintains the records required by s. 443.171(5), and
84produces, in addition, is responsible for producing quarterly
85reports concerning the clients and the internal staff of the
86employee leasing company and the internal staff of the employee
87leasing company. As used in this subsection, the term "client"
88means a party who has contracted with an employee leasing
89company that provides to provide a worker, or workers, to
90perform services for the client. Leased employees include
91employees subsequently placed on the payroll of the employee
92leasing company on behalf of the client. An employee leasing
93company must notify the tax collection service provider within
9430 days after the initiation or termination of the company's
95relationship with a any client company under chapter 468.
96     (20)(19)  "Employer" means an employing unit subject to
97this chapter under s. 443.1215.
98     (21)(20)  "Employing unit" means an individual; an or type
99of organization, including a partnership, limited liability
100company, association, trust, estate, joint-stock company,
101insurance company, or corporation, whether domestic or foreign;
102the receiver, trustee in bankruptcy, trustee, or successor of
103any of the foregoing; or the legal representative of a deceased
104person, who which has or had in his or her its employ one or
105more individuals performing services for it within this state.
106     (a)  Each individual employed to perform or to assist in
107performing the work of any agent or employee of an employing
108unit is deemed to be employed by the employing unit for the
109purposes of this chapter, regardless of whether the individual
110was hired or paid directly by the employing unit or by an agent
111or employee of the employing unit, if the employing unit had
112actual or constructive knowledge of the work.
113     (b)  Each individual performing services in this state for
114an employing unit maintaining at least two separate
115establishments in this state is deemed to be performing services
116for a single employing unit for the purposes of this chapter.
117     (c)  A person who is an officer of a corporation, or a
118member of a limited liability company classified as a
119corporation for federal income tax purposes, and who performs
120services for the corporation or limited liability company in
121this state, regardless of whether those services are continuous,
122is deemed an employee of the corporation or the limited
123liability company during all of each week of his or her tenure
124of office, regardless of whether he or she is compensated for
125those services. Services are presumed to be rendered for the
126corporation if in cases in which the officer is compensated by
127means other than dividends upon shares of stock of the
128corporation owned by him or her.
129     (d)  A limited liability company shall be treated as having
130the same status as it is classified for federal income tax
131purposes. However, a single-member limited liability company
132shall be treated as the employer.
133     (22)(21)  "Employment" means a service subject to this
134chapter under s. 443.1216 which is performed by an employee for
135his or her employer the person employing him or her.
136     (23)(22)  "Farm" includes stock, dairy, poultry, fruit,
137fur-bearing animal, and truck farms, plantations, ranches,
138nurseries, ranges, greenhouses or other similar structures used
139primarily for the raising of agricultural or horticultural
140commodities, and orchards.
141     (24)(23)  "Fund" means the Unemployment Compensation Trust
142Fund created under this chapter, into which all contributions
143and reimbursements required under this chapter are deposited and
144from which all benefits provided under this chapter are paid.
145     (25)(24)  "High quarter" means the quarter in an
146individual's base period in which the individual has the
147greatest amount of wages paid, regardless of the number of
148employers paying wages in that quarter.
149     (26)(25)  "Hospital" means an establishment institution
150that is licensed as a hospital under chapter 395, certified, or
151approved by the Agency for Health Care Administration as a
152hospital.
153     (27)(26)  "Institution of higher education" means an
154educational institution that:
155     (a)  Admits as regular students only individuals having a
156certificate of graduation from a high school, or the recognized
157equivalent of a certificate of graduation;
158     (b)  Is legally authorized in this state to provide a
159program of education beyond high school;
160     (c)   Provides an educational program that for which it
161awards a bachelor's or higher degree, or provides a program that
162is acceptable for full credit toward a bachelor's or higher
163degree; a program of postgraduate or postdoctoral studies; or a
164program of training to prepare students for gainful employment
165in a recognized occupation; and
166     (d)  Is a public or other nonprofit institution.
167
168The term includes each community college and state university in
169this state, and any each other institution in this state
170authorized under s. 1005.03 to use the designation "college" or
171"university." under s. 1005.03.
172     (28)(27)  "Insured work" means employment for employers.
173     (29)(28)  "Leave of absence" means a temporary break in
174service to an employer, for a specified period of time, during
175which the employing unit guarantees the same or a comparable
176position to the worker at the expiration of the leave.
177     (30)(29)  "Misconduct" includes, but is not limited to, the
178following, which may not be construed in pari materia with each
179other:
180     (a)  Conduct demonstrating willful or wanton disregard of
181an employer's interests and found to be a deliberate violation
182or disregard of the standards of behavior which the employer has
183a right to expect of his or her employee; or
184     (b)  Carelessness or negligence to a degree or recurrence
185that manifests culpability, wrongful intent, or evil design or
186shows an intentional and substantial disregard of the employer's
187interests or of the employee's duties and obligations to his or
188her employer.
189     (31)(30)  "Monetary determination" means a determination of
190whether and in what amount a claimant is eligible for benefits
191based on the claimant's employment during the base period of the
192claim.
193     (32)(31)  "Nonmonetary determination" means a determination
194of the claimant's eligibility for benefits based on an issue
195other than monetary entitlement and benefit overpayment.
196     (33)(32)  "Not in the course of the employer's trade or
197business" means not promoting or advancing the trade or business
198of the employer.
199     (34)(33)  "One-stop career center" means a service site
200established and maintained as part of the one-stop delivery
201system under s. 445.009.
202     (35)(34)  "Pay period" means a period of 31 or fewer
203consecutive days for which a payment or remuneration is
204ordinarily made to the employee by the person employing him or
205her.
206     (36)(35)  "Public employer" means:
207     (a)  A state agency or political subdivision of the state;
208     (b)  An instrumentality that is wholly owned by one or more
209state agencies or political subdivisions of the state; or
210     (c)  An instrumentality that is wholly owned by one or more
211state agencies, political subdivisions, or instrumentalities of
212the state and one or more state agencies or political
213subdivisions of one or more other states.
214     (37)(36)  "Reasonable assurance" means a written or verbal
215agreement, an agreement between an employer and a worker
216understood through tradition within the trade or occupation, or
217an agreement defined in an employer's policy.
218     (38)  "Reemployment services" means all activities provided
219to unemployed persons which are designed to assist them in
220finding work, including, but not limited to:
221     (a)  Job search, referral and placement assistance, and
222provision of labor market information.
223     (b)  Creation of an individualized employability
224development plan that is developed by a case manager and job
225seeker and includes career goals, work history, certification,
226and services required to meet such goals. The plan is agreed to
227by the job seeker who must meet each goal in order to continue
228participating in job training programs.
229     (c)  Assessment of skill levels, abilities, and aptitudes.
230     (d)  Career guidance, if appropriate, and referral to
231training as required.
232     (e)  Job search workshops such as resume writing and
233interviewing classes.
234     (f)  Community service programs operated by a one-stop
235career center.
236     (39)(37)  "Reimbursement" means a payment of money to the
237Unemployment Compensation Trust Fund in lieu of a contribution
238which is required under this chapter to finance unemployment
239benefits.
240     (40)(38)  "Reimbursing employer" means an employer who is
241liable for reimbursements in lieu of contributions made under
242this chapter.
243     (41)(39)  "State" includes the states of the United States,
244the District of Columbia, Canada, the Commonwealth of Puerto
245Rico, and the Virgin Islands.
246     (42)(40)  "State law" means the unemployment insurance law
247of any state, approved by the United States Secretary of Labor
248under s. 3304 of the Internal Revenue Code of 1954.
249     (43)(41)  "Tax collection service provider" or "service
250provider" means the state agency providing unemployment tax
251collection services under contract with the Agency for Workforce
252Innovation through an interagency agreement pursuant to s.
253443.1316.
254     (44)(42)  "Temporary layoff" means a job separation due to
255lack of work which does not exceed 8 consecutive weeks and which
256has a fixed or approximate return-to-work date.
257     (45)(43)  "Unemployment" or "unemployed" means:
258     (a)  An individual is "totally unemployed" in any week
259during which he or she does not perform any services and for
260which earned income is not payable to him or her. An individual
261is "partially unemployed" in any week of less than full-time
262work if the earned income payable to him or her for that week is
263less than his or her weekly benefit amount. The Agency for
264Workforce Innovation may adopt rules prescribing distinctions in
265the procedures for unemployed individuals based on total
266unemployment, part-time unemployment, partial unemployment of
267individuals attached to their regular jobs, and other forms of
268short-time work.
269     (b)  An individual's week of unemployment commences only
270after his or her registration with the Agency for Workforce
271Innovation as required in s. 443.091, except as the agency may
272otherwise prescribe by rule.
273     (46)(44)  "Wages" means remuneration subject to this
274chapter under s. 443.1217.
275     (47)(45)  "Week" means a period of 7 consecutive days as
276defined in the rules of the Agency for Workforce Innovation. The
277Agency for Workforce Innovation may by rule prescribe that a
278week is deemed to be "in," "within," or "during" the benefit
279year that contains the greater part of the week.
280     Section 2.  Subsection (1) of section 443.091, Florida
281Statutes, is amended to read:
282     443.091  Benefit eligibility conditions.-
283     (1)  An unemployed individual is eligible to receive
284benefits for any week only if the Agency for Workforce
285Innovation finds that:
286     (a)  She or he has made a claim for benefits for that week
287in accordance with the rules adopted by the Agency for Workforce
288Innovation.
289     (b)  She or he has registered with the agency for work and
290subsequently reports to the one-stop career center as directed
291by the regional workforce board for reemployment services. This
292requirement does not apply to persons who are:
293     1.  Non-Florida residents;
294     2.  On a temporary layoff, as defined in s. 443.036(42);
295     3.  Union members who customarily obtain employment through
296a union hiring hall; or
297     4.  Claiming benefits under an approved short-time
298compensation plan as provided in s. 443.1116.
299     (c)  To make continued claims for benefits, she or he is
300reporting to the agency in accordance with its rules. These
301rules may not conflict with s. 443.111(1)(b), including the
302requirement that each claimant continue to report regardless of
303any pending appeal relating to her or his eligibility or
304disqualification for benefits.
305     (d)  She or he is able to work and is available for work.
306In order to assess eligibility for a claimed week of
307unemployment, the agency shall develop criteria to determine a
308claimant's ability to work and availability for work. However:
309     1.  Notwithstanding any other provision of this paragraph
310or paragraphs (b) and (e), an otherwise eligible individual may
311not be denied benefits for any week because she or he is in
312training with the approval of the agency, or by reason of s.
313443.101(2) relating to failure to apply for, or refusal to
314accept, suitable work. Training may be approved by the agency in
315accordance with criteria prescribed by rule. A claimant's
316eligibility during approved training is contingent upon
317satisfying eligibility conditions prescribed by rule.
318     2.  Notwithstanding any other provision of this chapter, an
319otherwise eligible individual who is in training approved under
320s. 236(a)(1) of the Trade Act of 1974, as amended, may not be
321determined ineligible or disqualified for benefits due to her or
322his enrollment in such training or because of leaving work that
323is not suitable employment to enter such training. As used in
324this subparagraph, the term "suitable employment" means work of
325a substantially equal or higher skill level than the worker's
326past adversely affected employment, as defined for purposes of
327the Trade Act of 1974, as amended, the wages for which are at
328least 80 percent of the worker's average weekly wage as
329determined for purposes of the Trade Act of 1974, as amended.
330     3.  Notwithstanding any other provision of this section, an
331otherwise eligible individual may not be denied benefits for any
332week because she or he is before any state or federal court
333pursuant to a lawfully issued summons to appear for jury duty.
334     4.  Notwithstanding any other provision of this section, an
335otherwise eligible individual may not be denied benefits for any
336week because she or he is participating in a community service
337program as provided in paragraph (f).
338     (e)  She or he participates in reemployment services, such
339as job search assistance services if, whenever the individual
340has been determined, by a profiling system established by agency
341rule, to be likely to exhaust regular benefits and to be in need
342of reemployment services.
343     (f)  She or he participates in a community service program
344administered by a one-stop career center. This requirement
345applies only to claims in which the 12th week of her or his
346regular benefits falls after July 2, 2011.
347     (g)(f)  She or he has been unemployed for a waiting period
348of 1 week. A week may not be counted as a week of unemployment
349under this subsection unless:
350     1.  Unless It occurs within the benefit year that includes
351the week for which she or he claims payment of benefits.
352     2.  If Benefits have been paid for that week.
353     3.  Unless The individual was eligible for benefits for
354that week as provided in this section and s. 443.101, except for
355the requirements of this subsection and of s. 443.101(5).
356     (h)(g)  She or he has been paid wages for insured work
357equal to 1.5 times her or his high quarter wages during her or
358his base period, except that an unemployed individual is not
359eligible to receive benefits if the base period wages are less
360than $3,400.
361     (i)(h)  She or he submitted to the agency a valid social
362security number assigned to her or him. The agency may verify
363the social security number with the United States Social
364Security Administration and may deny benefits if the agency is
365unable to verify the individual's social security number, the
366social security number is invalid, or the social security number
367is not assigned to the individual.
368     Section 3.  Paragraph (a) of subsection (1) and paragraph
369(f) of subsection (13) of section 443.1216, Florida Statutes,
370are amended to read:
371     443.1216  Employment.-Employment, as defined in s. 443.036,
372is subject to this chapter under the following conditions:
373     (1)(a)  The employment subject to this chapter includes a
374service performed, including a service performed in interstate
375commerce, by:
376     1.  An officer of a corporation.
377     2.  An individual who, under the usual common-law rules
378applicable for in determining the employer-employee
379relationship, is an employee. However, if whenever a client who,
380as defined in s. 443.036(18), which would otherwise be
381designated as an employing unit has contracted with an employee
382leasing company to supply it with workers, those workers are
383considered employees of the employee leasing company. An
384employee leasing company may lease corporate officers of the
385client to the client and other workers to the client, except as
386prohibited by regulations of the Internal Revenue Service.
387Employees of an employee leasing company must be reported under
388the employee leasing company's tax identification number and
389contribution rate for work performed for the employee leasing
390company.
391     a.  In addition to any other report required to be filed by
392law, an employee leasing company shall submit a report to the
393Labor Market Statistics Center within the Agency for Workforce
394Innovation which includes each client establishment and each
395establishment of the employee leasing company, or as otherwise
396directed by the agency. The report must include the following
397information for each establishment:
398     (I)  The trade or establishment name;
399     (II)  The former unemployment compensation account number,
400if available;
401     (III)  The former federal employer's identification number
402(FEIN), if available;
403     (IV)  The industry code recognized and published by the
404United States Office of Management and Budget, if available;
405     (V)  A description of the client's primary business
406activity in order to verify or assign an industry code;
407     (VI)  The address of the physical location;
408     (VII)  The number of full-time and part-time employees who
409worked during, or received pay that was subject to unemployment
410compensation taxes for, the pay period including the 12th of the
411month for each month of the quarter;
412     (VIII)  The total wages subject to unemployment
413compensation taxes paid during the calendar quarter;
414     (IX)  An internal identification code to uniquely identify
415each establishment of each client;
416     (X)  The month and year that the client entered into the
417contract for services; and
418     (XI)  The month and year that the client terminated the
419contract for services.
420     b.  The report shall be submitted electronically or as in a
421manner otherwise prescribed by the Agency for Workforce
422Innovation and in the format specified by the Bureau of Labor
423Statistics of the United States Department of Labor for its
424Multiple Worksite Report for Professional Employer
425Organizations. The report must be provided quarterly to the
426Labor Market Statistics Center within the Agency for Workforce
427Innovation, or as otherwise directed by the agency, and must be
428filed by the last day of the month immediately following the end
429of the calendar quarter. The information required in sub-sub-
430subparagraphs a.(X) and (XI) need be provided only in the
431quarter in which the contract to which it relates was entered
432into or terminated. The sum of the employment data and the sum
433of the wage data in the this report must match the employment
434and wages reported in the unemployment compensation quarterly
435tax and wage report. A report is not required for any calendar
436quarter preceding the third calendar quarter of 2010.
437     c.  The Agency for Workforce Innovation shall adopt rules
438as necessary to administer this subparagraph, and may
439administer, collect, enforce, and waive the penalty imposed by
440s. 443.141(1)(b) for the report required by this subparagraph.
441     d.  For the purposes of this subparagraph, the term
442"establishment" means any location where business is conducted
443or where services or industrial operations are performed.
444     3.  An individual other than an individual who is an
445employee under subparagraph 1. or subparagraph 2., who performs
446services for remuneration for any person:
447     a.  As an agent-driver or commission-driver engaged in
448distributing meat products, vegetable products, fruit products,
449bakery products, beverages other than milk, or laundry or
450drycleaning services for his or her principal.
451     b.  As a traveling or city salesperson engaged on a full-
452time basis in the solicitation on behalf of, and the
453transmission to, his or her principal of orders from
454wholesalers, retailers, contractors, or operators of hotels,
455restaurants, or other similar establishments for merchandise for
456resale or supplies for use in their business operations. This
457sub-subparagraph does not apply to an agent-driver, or a
458commission-driver, or and does not apply to sideline sales
459activities performed on behalf of a person other than the
460salesperson's principal.
461     4.  The services described in subparagraph 3. are
462employment subject to this chapter only if:
463     a.  The contract of service contemplates that substantially
464all of the services are to be performed personally by the
465individual;
466     b.  The individual does not have a substantial investment
467in facilities used in connection with the services, other than
468facilities used for transportation; and
469     c.  The services are not in the nature of a single
470transaction that is not part of a continuing relationship with
471the person for whom the services are performed.
472     (13)  The following are exempt from coverage under this
473chapter:
474     (f)  Service performed in the employ of a public employer
475as defined in s. 443.036, except as provided in subsection (2),
476and service performed in the employ of an instrumentality of a
477public employer as described in s. 443.036(36)(b) or (c) s.
478443.036(35)(b) or (c), to the extent that the instrumentality is
479immune under the United States Constitution from the tax imposed
480by s. 3301 of the Internal Revenue Code for that service.
481     Section 4.  Paragraph (f) of subsection (3) of section
482443.131, Florida Statutes, is amended to read:
483     443.131  Contributions.-
484     (3)  VARIATION OF CONTRIBUTION RATES BASED ON BENEFIT
485EXPERIENCE.-
486     (f)  Transfer of employment records.-
487     1.  For the purposes of this subsection, two or more
488employers who are parties to a transfer of business or the
489subject of a merger, consolidation, or other form of
490reorganization, effecting a change in legal identity or form,
491are deemed a single employer and are considered to be one
492employer with a continuous employment record if the tax
493collection service provider finds that the successor employer
494continues to carry on the employing enterprises of all of the
495predecessor employers, and that the successor employer has paid
496all contributions required of and due from all of the
497predecessor employers, and has assumed liability for all
498contributions that may become due from all of the predecessor
499employers. In addition, An employer may not be considered a
500successor under this subparagraph if the employer purchases a
501company with a lower rate into which employees with job
502functions unrelated to the business endeavors of the predecessor
503are transferred for the purpose of acquiring the low rate and
504avoiding payment of contributions. As used in this paragraph,
505Notwithstanding s. 443.036(15) s. 443.036(14), the term
506"contributions," as used in this paragraph, means all
507indebtedness to the tax collection service provider, including,
508but not limited to, interest, penalty, collection fee, and
509service fee.
510     2.  A successor employer must accept the transfer of all of
511the predecessor employers' employment records within 30 days
512after the date of the official notification of liability by
513succession. If a predecessor employer has unpaid contributions
514or outstanding quarterly reports, the successor employer must
515pay the total amount with certified funds within 30 days after
516the date of the notice listing the total amount due. After the
517total indebtedness is paid, the tax collection service provider
518shall transfer the employment records of all of the predecessor
519employers to the successor employer's employment record. The tax
520collection service provider shall determine the contribution
521rate of the combined successor and predecessor employers upon
522the transfer of the employment records, as prescribed by rule,
523in order to calculate any change in the contribution rate
524resulting from the transfer of the employment records.
525     3.2.  Regardless of whether a predecessor employer's
526employment record is transferred to a successor employer under
527this paragraph, the tax collection service provider shall treat
528the predecessor employer, if he or she subsequently employs
529individuals, as an employer without a previous employment record
530or, if his or her coverage is terminated under s. 443.121, as a
531new employing unit.
532     4.3.  The state agency providing unemployment tax
533collection services may adopt rules governing the partial
534transfer of experience rating when an employer transfers an
535identifiable and segregable portion of his or her payrolls and
536business to a successor employing unit. As a condition of each
537partial transfer, these rules must require the following to be
538filed with the tax collection service provider: an application
539by the successor employing unit, an agreement by the predecessor
540employer, and the evidence required by the tax collection
541service provider to show the benefit experience and payrolls
542attributable to the transferred portion through the date of the
543transfer. These rules must provide that the successor employing
544unit, if not an employer subject to this chapter, becomes an
545employer as of the date of the transfer and that the transferred
546portion of the predecessor employer's employment record is
547removed from the employment record of the predecessor employer.
548For each calendar year after the date of the transfer of the
549employment record in the records of the tax collection service
550provider, the service provider shall compute the contribution
551rate payable by the successor employer or employing unit based
552on his or her employment record, combined with the transferred
553portion of the predecessor employer's employment record. These
554rules may also prescribe what contribution rates are payable by
555the predecessor and successor employers for the period between
556the date of the transfer of the transferred portion of the
557predecessor employer's employment record in the records of the
558tax collection service provider and the first day of the next
559calendar year.
560     5.4.  This paragraph does not apply to an employee leasing
561company and client contractual agreement as defined in s.
562443.036. The tax collection service provider shall, if the
563contractual agreement is terminated or the employee leasing
564company fails to submit reports or pay contributions as required
565by the service provider, treat the client as a new employer
566without previous employment record unless the client is
567otherwise eligible for a variation from the standard rate.
568     Section 5.  Paragraph (b) of subsection (3) of section
569443.151, Florida Statutes, is amended to read:
570     443.151  Procedure concerning claims.-
571     (3)  DETERMINATION OF ELIGIBILITY.-
572     (b)  Monetary determinations.-In addition to the notice of
573claim, the agency shall also promptly provide an initial
574monetary determination to the claimant and each base period
575employer whose account is subject to being charged for its
576respective share of benefits on the claim. The monetary
577determination must include a statement of whether and in what
578amount the claimant is entitled to benefits, and, in the event
579of a denial, must state the reasons for the denial. A monetary
580determination for the first week of a benefit year must also
581include a statement of whether the claimant was paid the wages
582required under s. 443.091(1)(h) s. 443.091(1)(g) and, if so, the
583first day of the benefit year, the claimant's weekly benefit
584amount, and the maximum total amount of benefits payable to the
585claimant for a benefit year. The monetary determination is final
586unless within 20 days after the mailing of the notices to the
587parties' last known addresses, or in lieu of mailing, within 20
588days after the delivery of the notices, an appeal or written
589request for reconsideration is filed by the claimant or other
590party entitled to notice. The agency may adopt rules as
591necessary to implement the processes described in this paragraph
592relating to notices of monetary determinations and the appeals
593or reconsideration requests filed in response to such notices.
594     Section 6.  This act shall take effect July 1, 2011.


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