Bill Text: FL S0726 | 2014 | Regular Session | Comm Sub


Bill Title: Reemployment Assistance Appeals Commission

Spectrum: Bipartisan Bill

Status: (Failed) 2014-05-02 - Died in Messages [S0726 Detail]

Download: Florida-2014-S0726-Comm_Sub.html
       Florida Senate - 2014                              CS for SB 726
       
       
        
       By the Committee on Governmental Oversight and Accountability;
       and Senator Detert
       
       
       
       
       585-03728-14                                           2014726c1
    1                        A bill to be entitled                      
    2         An act relating to the Reemployment Assistance Appeals
    3         Commission; amending s. 443.012, F.S.; revising
    4         membership requirements of the commission; removing a
    5         provision requiring payment of a daily stipend for
    6         certain commissioners; providing an effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Section 443.012, Florida Statutes, is amended to
   11  read:
   12         443.012 Reemployment Assistance Appeals Commission.—
   13         (1) CREATION.—The Reemployment Assistance Appeals
   14  Commission There is created within the Division of Workforce
   15  Services of the Department of Economic Opportunity a
   16  Reemployment Assistance Appeals Commission. The commission is
   17  composed of a chair and two other members appointed by the
   18  Governor, subject to confirmation by the Senate. Only one
   19  appointee may be a representative of employers, as demonstrated
   20  by his or her previous vocation, employment, or affiliation; and
   21  only one appointee may be a representative of employees, as
   22  demonstrated by his or her previous vocation, employment, or
   23  affiliation.
   24         (2) MEMBERS.—
   25         (a) Except for the chair, the terms of the members serving
   26  as of July 1, 2014, shall expire on September 30, 2014.
   27  Beginning October 1, 2014, the commission shall be composed of
   28  nine members, consisting of the following:
   29         1.When the term of the chair serving as of July 1, 2014,
   30  expires, a chair, who shall be appointed by the Governor,
   31  subject to confirmation by the Senate, for a term of 4 years.
   32  The chair must have the qualifications required by law for a
   33  judge of the circuit court.
   34         2.Eight members appointed by the Governor, subject to
   35  confirmation by the Senate, for a term of 2 years,
   36  notwithstanding s. 20.052(4)(c). Four members shall be appointed
   37  from the even-numbered regional workforce boards under s.
   38  445.007(1) and four members shall be appointed from the odd
   39  numbered regional workforce boards under s. 445.007(1). However,
   40  to stagger the terms of the initial appointments, two members
   41  appointed from the even-numbered workforce boards and two
   42  members appointed from the odd-numbered workforce boards shall
   43  be appointed to a term of 1 year and may be reappointed for an
   44  additional term of 2 years. In making appointments, the Governor
   45  shall consider representation of labor, minorities, persons with
   46  disabilities, small business, and veterans.
   47         (b) Only one member may be appointed from an individual
   48  regional workforce board at a time. An individual regional
   49  workforce board may not be represented by an appointee more than
   50  once within a 6-year period.
   51         (c) A vacancy for the unexpired term of a member shall be
   52  filled in the same manner as the original appointment.
   53         (d)(a) The chair:
   54         1.Shall devote his or her entire time to commission duties
   55  and Is responsible for the administrative functions of the
   56  commission.
   57         2.(b)May The chair has authority to appoint a general
   58  counsel and other personnel to carry out the duties and
   59  responsibilities of the commission.
   60         3.(c)Shall devote his or her entire time to commission
   61  duties The chair must have the qualifications required by law
   62  for a judge of the circuit court and may not engage in any other
   63  business vocation or employment.
   64         4. Notwithstanding any other law, the chair shall be paid a
   65  salary equal to that paid under state law to a judge of the
   66  circuit court.
   67         (e)(d)The remaining members shall be paid a stipend of
   68  $100 for each day they are engaged in the work of the
   69  commission. The chair and other members are entitled to be
   70  reimbursed for travel expenses, as provided in s. 112.061.
   71         (e) The total salary of the chair and the travel expenses
   72  of the chair and other members each member of the commission
   73  shall be paid from the Employment Security Administration Trust
   74  Fund.
   75         (3) HEARINGS.—
   76         (a) The presence of four members, in addition to the chair,
   77  constitutes a quorum of the commission.
   78         (b) A member may not take part in a discussion,
   79  deliberation, or action on a matter in which he or she is an
   80  interested party or has a conflict of interest as defined in s.
   81  112.312.
   82         (2)The members of the commission shall be appointed to
   83  staggered terms of 4 years each. A vacancy for the unexpired
   84  term of a member shall be filled in the same manner as the
   85  original appointment. The presence of two members constitutes a
   86  quorum for any called meeting of the commission.
   87         (4)(3)AUTHORITY, POWERS, AND DUTIES.—The commission has
   88  all authority, powers, and duties, and responsibilities relating
   89  to reemployment assistance appeal proceedings under this
   90  chapter.
   91         (a)(4) The property, personnel, and appropriations relating
   92  to the specified authority, powers, and duties, and
   93  responsibilities of the commission shall be provided to the
   94  commission by the Department of Economic Opportunity.
   95         (5) The commission is not subject to control, supervision,
   96  or direction by the Department of Economic Opportunity in
   97  performing its powers or duties under this chapter.
   98         (b)(6) The commission may do any of the following:
   99         1. Make expenditures, including expenditures for personal
  100  services and rent, for law books, books of reference,
  101  periodicals, furniture, equipment, and supplies, and for
  102  printing and binding as necessary in exercising its authority
  103  and powers and carrying out its duties and responsibilities. All
  104  such expenditures of the commission shall be allowed and paid as
  105  provided in s. 443.211 upon the presentation of itemized
  106  vouchers approved by the chair.
  107         2.(7)The commission may Charge fees for publications,
  108  subscriptions, and copies of records and documents. These fees
  109  must be deposited into in the Employment Security Administration
  110  Trust Fund.
  111         3. Adopt rules under ss. 120.536(1) and 120.54 to
  112  administer the provisions of law conferring duties upon it.
  113         (c)(8) The commission shall do all of the following:
  114         1. Maintain and keep open during reasonable business hours
  115  an office in Tallahassee for the purpose of transacting its
  116  business, at which office the commission shall keep its official
  117  records and papers. The offices shall be furnished and equipped
  118  by the commission. The commission may hold sessions and conduct
  119  hearings at any place within the state.
  120         2.(9)The commission shall Prepare and submit a budget
  121  covering the necessary administrative cost of the commission.
  122         3.(10)The commission shall Have a seal for authenticating
  123  its orders, awards, and proceedings, upon which shall be
  124  inscribed the words “State of Florida–Reemployment Assistance
  125  Appeals Commission–Seal,” and it shall be judicially noticed.
  126         (11) The commission has authority to adopt rules under ss.
  127  120.536(1) and 120.54 to administer the provisions of law
  128  conferring duties upon it.
  129         (d)(12) Orders of the commission relating to reemployment
  130  assistance under this chapter are subject to review only by
  131  notice of appeal to the district courts of appeal in the manner
  132  provided in s. 443.151(4)(e).
  133         Section 2. This act shall take effect July 1, 2014.

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