Bill Text: FL S0728 | 2011 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Unemployment Compensation

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-05-03 - Read 2nd time -SJ 758 [S0728 Detail]

Download: Florida-2011-S0728-Introduced.html
       Florida Senate - 2011                                     SB 728
       
       
       
       By Senator Detert
       
       
       
       
       23-01063C-11                                           2011728__
    1                        A bill to be entitled                      
    2         An act relating to unemployment compensation; amending
    3         s. 213.053, F.S.; increasing the number of employer
    4         payroll service providers who qualify for access to
    5         unemployment tax information by filing a memorandum of
    6         understanding; amending s. 443.031, F.S.; revising
    7         provisions relating to statutory construction;
    8         defining the term “through no fault of his or her
    9         own”; amending s. 443.036, F.S.; revising definitions;
   10         providing that the term “misconduct” includes
   11         reasonable standards expected of employees; amending
   12         s. 443.091, F.S.; requiring that an applicant for
   13         benefits complete an initial skills review; providing
   14         exceptions; specifying criteria for determining an
   15         applicant’s availability for work; amending s.
   16         443.101, F.S.; clarifying “good cause” for voluntarily
   17         leaving employment; specifying acts that are “gross
   18         misconduct” for purposes of discharging an employee
   19         and disqualifying him or her for benefits; revising
   20         the criteria for determining “suitable work”;
   21         disqualifying a person for benefits due to the receipt
   22         of severance pay; revising provisions relating to the
   23         effect of criminal acts on eligibility for benefits;
   24         amending s. 443.1115, F.S.; conforming cross
   25         references; reviving, readopting, and amending s.
   26         443.1117, F.S., relating to temporary extended
   27         benefits; providing for retroactive application;
   28         providing for applicability relating to extended
   29         benefits for certain weeks and for periods of high
   30         unemployment; providing for applicability; amending s.
   31         443.1216, F.S.; providing that employee leasing
   32         companies may make a one-time election to report
   33         leased employees under the respective unemployment
   34         account of each leasing company client; providing
   35         procedures and application for such election; amending
   36         s. 443.131, F.S.; increasing the employer’s standard
   37         rate of contributions; providing for retroactive
   38         application; amending s. 443.141, F.S.; providing an
   39         employer payment schedule for 2012, 2013, and 2014
   40         contributions; requiring an employer to pay a fee for
   41         paying contributions on a quarterly schedule;
   42         providing penalties, interest, and fees on delinquent
   43         contributions; amending s. 443.151, F.S.; authorizing
   44         new claims to be submitted by telephone, mail, or
   45         electronic means, and continuing claims to be
   46         submitted by mail or electronic means; revising the
   47         judicial venue for reviewing commission orders;
   48         providing for repayment of benefits in cases of agency
   49         error; providing that the act fulfills an important
   50         state interest; providing an effective date.
   51  
   52  Be It Enacted by the Legislature of the State of Florida:
   53  
   54         Section 1. Subsection (4) of section 213.053, Florida
   55  Statutes, as amended by chapter 2010-280, Laws of Florida, is
   56  amended to read:
   57         213.053 Confidentiality and information sharing.—
   58         (4) The department, while providing unemployment tax
   59  collection services under contract with the Agency for Workforce
   60  Innovation through an interagency agreement pursuant to s.
   61  443.1316, may release unemployment tax rate information to the
   62  agent of an employer, which agent provides payroll services for
   63  more than 100 500 employers, pursuant to the terms of a
   64  memorandum of understanding. The memorandum of understanding
   65  must state that the agent affirms, subject to the criminal
   66  penalties contained in ss. 443.171 and 443.1715, that the agent
   67  will retain the confidentiality of the information, that the
   68  agent has in effect a power of attorney from the employer which
   69  permits the agent to obtain unemployment tax rate information,
   70  and that the agent shall provide the department with a copy of
   71  the employer’s power of attorney upon request.
   72         Section 2. Section 443.031, Florida Statutes, is amended to
   73  read:
   74         443.031 Rule of liberal construction.—
   75         (1) This chapter may not be shall be liberally construed to
   76  in favor or disfavor of a claimant of unemployment benefits who
   77  is unemployed through no fault of his or her own. The term
   78  “through no fault of his or her own” means that the employer or
   79  employing unit has released the claimant from employment for
   80  reasons unrelated to any action or inaction of the claimant.
   81         (2) Any doubt as to the proper construction of this chapter
   82  shall be resolved in favor of conformity with federal law,
   83  including, but not limited to, the Federal Unemployment Tax Act,
   84  the Social Security Act, the Wagner-Peyser Act, and the
   85  Workforce Investment Act.
   86         Section 3. Subsections (6), (9), (29), and (43) of section
   87  443.036, Florida Statutes, are amended to read:
   88         443.036 Definitions.—As used in this chapter, the term:
   89         (6) “Available for work” means actively seeking and being
   90  ready and willing to accept suitable work employment.
   91         (9) “Benefit year” means, for an individual, the 1-year
   92  period beginning with the first day of the first week for which
   93  the individual first files a valid claim for benefits and,
   94  thereafter, the 1-year period beginning with the first day of
   95  the first week for which the individual next files a valid claim
   96  for benefits after the termination of his or her last preceding
   97  benefit year. Each claim for benefits made in accordance with s.
   98  443.151(2) is a valid claim under this subsection if the
   99  individual was paid wages for insured work in accordance with s.
  100  443.091(1)(h) 443.091(1)(g) and is unemployed as defined in
  101  subsection (43) at the time of filing the claim. However, the
  102  Agency for Workforce Innovation may adopt rules providing for
  103  the establishment of a uniform benefit year for all workers in
  104  one or more groups or classes of service or within a particular
  105  industry if the agency determines, after notice to the industry
  106  and to the workers in the industry and an opportunity to be
  107  heard in the matter, that those groups or classes of workers in
  108  a particular industry periodically experience unemployment
  109  resulting from layoffs or shutdowns for limited periods of time.
  110         (29) “Misconduct” includes, but is not limited to, the
  111  following, which may not be construed in pari materia with each
  112  other:
  113         (a) Conduct demonstrating conscious willful or wanton
  114  disregard of an employer’s interests and found to be a
  115  deliberate violation or disregard of reasonable the standards of
  116  behavior which the employer expects has a right to expect of his
  117  or her employee, including standards lawfully set forth in the
  118  employer’s written rules of conduct; or
  119         (b) Carelessness or negligence to a degree or recurrence
  120  that manifests culpability, wrongful intent, or evil design or
  121  shows an intentional and substantial disregard of the employer’s
  122  interests or of the employee’s duties and obligations to his or
  123  her employer.
  124         (43) “Unemployment” or “unemployed” means:
  125         (a) An individual is “totally unemployed” in any week
  126  during which he or she does not perform any services and for
  127  which earned income is not payable to him or her. An individual
  128  is “partially unemployed” in any week of less than full-time
  129  work if the earned income payable to him or her for that week is
  130  less than his or her weekly benefit amount. The Agency for
  131  Workforce Innovation may adopt rules prescribing distinctions in
  132  the procedures for unemployed individuals based on total
  133  unemployment, part-time unemployment, partial unemployment of
  134  individuals attached to their regular jobs, and other forms of
  135  short-time work.
  136         (b) An individual’s week of unemployment commences only
  137  after his or her registration with the Agency for Workforce
  138  Innovation as required in s. 443.091, except as the agency may
  139  otherwise prescribe by rule.
  140         Section 4. Subsection (1) of section 443.091, Florida
  141  Statutes, is amended to read:
  142         443.091 Benefit eligibility conditions.—
  143         (1) An unemployed individual is eligible to receive
  144  benefits for any week only if the Agency for Workforce
  145  Innovation finds that:
  146         (a) She or he has made a claim for benefits for that week
  147  in accordance with the rules adopted by the agency for Workforce
  148  Innovation.
  149         (b) She or he has registered with the agency for work and
  150  subsequently reports to the one-stop career center as directed
  151  by the regional workforce board for reemployment services. This
  152  requirement does not apply to persons who are:
  153         1. Non-Florida residents;
  154         2. On a temporary layoff, as defined in s. 443.036(42);
  155         3. Union members who customarily obtain employment through
  156  a union hiring hall; or
  157         4. Claiming benefits under an approved short-time
  158  compensation plan as provided in s. 443.1116.
  159         (c) She or he has completed an initial skills review using
  160  an online education or training program within 14 days after
  161  making a new claim for benefits. An online education or training
  162  program, such as that established in s. 1004.99, which is
  163  approved by the agency and designed to measure an individual’s
  164  mastery level of workplace skills meets the requirement of this
  165  paragraph.
  166         1. This requirement does not apply to persons who are:
  167         a. Non-Florida residents;
  168         b. On a temporary layoff;
  169         c. Union members who customarily obtain employment through
  170  a union hiring hall; or
  171         d. Claiming benefits under an approved short-time
  172  compensation plan as provided in s. 443.1116.
  173         2. The administrator or operator of the online education or
  174  training program must notify the agency when the claimant
  175  completes the initial skills review. The online education or
  176  training program administrator or operator must report the
  177  results of the claimant’s initial skills review to the regional
  178  workforce board or the one-stop career center as directed by the
  179  workforce board for reemployment services.
  180         (d)(c) To make continued claims for benefits, she or he is
  181  reporting to the agency in accordance with its rules. These
  182  rules may not conflict with s. 443.111(1)(b), including the
  183  requirement that each claimant continue to report regardless of
  184  any pending appeal relating to her or his eligibility or
  185  disqualification for benefits.
  186         (e)(d) She or he is able to work and is available for work.
  187  In order to assess eligibility for a claimed week of
  188  unemployment, the agency shall develop criteria to determine a
  189  claimant’s ability to work and availability for work. A claimant
  190  must be actively seeking work in order to be considered
  191  available for work. As part of a claimant’s efforts to actively
  192  seek work, she or he must make a reasonable and diligent effort
  193  to contact multiple potential employers each week for the
  194  purpose of securing suitable work. The claimant must furnish
  195  tangible evidence to the agency that she or he is actively
  196  engaged in a systematic and sustained effort to find work. The
  197  agency may require the claimant to provide the proof to the one
  198  stop career center as part of reemployment services. However:
  199         1. Notwithstanding any other provision of this paragraph or
  200  paragraphs (b) and (f) (e), an otherwise eligible individual may
  201  not be denied benefits for any week because she or he is in
  202  training with the approval of the agency, or by reason of s.
  203  443.101(3) 443.101(2) relating to failure to apply for, or
  204  refusal to accept, suitable work. Training may be approved by
  205  the agency in accordance with criteria prescribed by rule. A
  206  claimant’s eligibility during approved training is contingent
  207  upon satisfying eligibility conditions prescribed by rule.
  208         2. Notwithstanding any other provision of this chapter, an
  209  otherwise eligible individual who is in training approved under
  210  s. 236(a)(1) of the Trade Act of 1974, as amended, may not be
  211  determined ineligible or disqualified for benefits due to her or
  212  his enrollment in such training or because of leaving work that
  213  is not suitable employment to enter such training. As used in
  214  this subparagraph, the term “suitable employment” means work of
  215  a substantially equal or higher skill level than the worker’s
  216  past adversely affected employment, as defined for purposes of
  217  the Trade Act of 1974, as amended, the wages for which are at
  218  least 80 percent of the worker’s average weekly wage as
  219  determined for purposes of the Trade Act of 1974, as amended.
  220         3. Notwithstanding any other provision of this section, an
  221  otherwise eligible individual may not be denied benefits for any
  222  week because she or he is before any state or federal court
  223  pursuant to a lawfully issued summons to appear for jury duty.
  224         (f)(e) She or he participates in reemployment services,
  225  such as job search assistance services if, whenever the
  226  individual has been determined, by a profiling system
  227  established by agency rule, to be likely to exhaust regular
  228  benefits and to be in need of reemployment services.
  229         (g)(f) She or he has been unemployed for a waiting period
  230  of 1 week. A week may not be counted as a week of unemployment
  231  under this subsection unless:
  232         1. Unless It occurs within the benefit year that includes
  233  the week for which she or he claims payment of benefits.
  234         2. If Benefits have been paid for that week.
  235         3. Unless The individual was eligible for benefits for that
  236  week as provided in this section and s. 443.101, except for the
  237  requirements of this subsection and of s. 443.101(6) 443.101(5).
  238         (h)(g) She or he has been paid wages for insured work equal
  239  to 1.5 times her or his high quarter wages during her or his
  240  base period, except that an unemployed individual is not
  241  eligible to receive benefits if the base period wages are less
  242  than $3,400.
  243         (i)(h) She or he submitted to the agency a valid social
  244  security number assigned to her or him. The agency may verify
  245  the social security number with the United States Social
  246  Security Administration and may deny benefits if the agency is
  247  unable to verify the individual’s social security number, the
  248  social security number is invalid, or the social security number
  249  is not assigned to the individual.
  250         Section 5. Paragraph (a) of subsection (1) and present
  251  subsections (2), (3), (9), and (11) of section 443.101, Florida
  252  Statutes, are amended, present subsections (2) through (11) of
  253  that section are redesignated as subsections (3) through (12),
  254  respectively, and a new subsection (2) is added to that section,
  255  to read:
  256         443.101 Disqualification for benefits.—An individual shall
  257  be disqualified for benefits:
  258         (1)(a) For the week in which he or she has voluntarily left
  259  work without good cause attributable to his or her employing
  260  unit or in which the individual has been discharged by the
  261  employing unit for misconduct connected with his or her work,
  262  based on a finding by the Agency for Workforce Innovation. As
  263  used in this paragraph, the term “work” means any work, whether
  264  full-time, part-time, or temporary.
  265         1. Disqualification for voluntarily quitting continues for
  266  the full period of unemployment next ensuing after the
  267  individual has left his or her full-time, part-time, or
  268  temporary work voluntarily without good cause and until the
  269  individual has earned income equal to or greater than in excess
  270  of 17 times his or her weekly benefit amount. As used in this
  271  subsection, the term “good cause” includes only that cause
  272  attributable to the employing unit which would compel a
  273  reasonable individual to cease working or attributable to which
  274  consists of the individual’s illness or disability requiring
  275  separation from his or her work. Any other disqualification may
  276  not be imposed. An individual is not disqualified under this
  277  subsection for voluntarily leaving temporary work to return
  278  immediately when called to work by the permanent employing unit
  279  that temporarily terminated his or her work within the previous
  280  6 calendar months, or. An individual is not disqualified under
  281  this subsection for voluntarily leaving work to relocate as a
  282  result of his or her military-connected spouse’s permanent
  283  change of station orders, activation orders, or unit deployment
  284  orders.
  285         2. Disqualification for being discharged for misconduct
  286  connected with his or her work continues for the full period of
  287  unemployment next ensuing after having been discharged and until
  288  the individual is reemployed and has earned income of at least
  289  17 times his or her weekly benefit amount and for not more than
  290  52 weeks that immediately following follow that week, as
  291  determined by the agency in each case according to the
  292  circumstances in each case or the seriousness of the misconduct,
  293  under the agency’s rules adopted for determining determinations
  294  of disqualification for benefits for misconduct.
  295         3. If an individual has provided notification to the
  296  employing unit of his or her intent to voluntarily leave work
  297  and the employing unit discharges the individual for reasons
  298  other than misconduct before the date the voluntary quit was to
  299  take effect, the individual, if otherwise entitled, shall
  300  receive benefits from the date of the employer’s discharge until
  301  the effective date of his or her voluntary quit.
  302         4. If an individual is notified by the employing unit of
  303  the employer’s intent to discharge the individual for reasons
  304  other than misconduct and the individual quits without good
  305  cause, as defined in this section, before the date the discharge
  306  was to take effect, the claimant is ineligible for benefits
  307  pursuant to s. 443.091(1)(e) 443.091(1)(d) for failing to be
  308  available for work for the week or weeks of unemployment
  309  occurring before the effective date of the discharge.
  310         (2) For the week the individual has been discharged by the
  311  employing unit for gross misconduct, based on a finding by the
  312  Agency for Workforce Innovation. Disqualification for being
  313  discharged for gross misconduct continues for the full period of
  314  unemployment next ensuing after having been discharged and until
  315  the individual is reemployed and has earned income of at least
  316  17 times his or her weekly benefit amount. As used in this
  317  subsection, the term “gross misconduct” means any of the
  318  following:
  319         (a) Willful or reckless damage to an employer’s property
  320  which results in damage of more than $50.
  321         (b) Theft of the property of an employer, a customer, or an
  322  invitee of the employer.
  323         (c) Violation of an employer’s policy relating to the
  324  consumption of alcohol or drugs on the employer property, being
  325  under the influence of alcohol or drugs on employer property, or
  326  using alcohol or drugs while on the job or on duty. As used in
  327  this paragraph, the term alcohol or drugs” has the same meaning
  328  as in s. 440.102(1)(c).
  329         (d) Failure to comply with an employer’s drug and alcohol
  330  testing and use policies while on the job or on duty.
  331         (e) Failure to comply with applicable state or federal drug
  332  and alcohol testing and use regulations, including, but not
  333  limited to, 49 C.F.R. part 40 and part 382 of the Federal Motor
  334  Carrier Safety Regulations, while on the job or on duty, and
  335  regulations applicable to employees performing transportation
  336  and other safety-sensitive job functions as defined by the
  337  Federal Government.
  338         (f) Criminal assault or battery of another employee, or of
  339  a customer or invitee of the employer.
  340         (g) Abuse of a patient, resident, disabled person, elderly
  341  person, or child in her or his professional care.
  342         (h) Insubordination, which is defined as the willful
  343  failure to comply with a lawful, reasonable order of a
  344  supervisor which is directly related to the employee’s
  345  employment as described in an applicable written job
  346  description, the written rules of conduct, or other lawful
  347  directive of the employer.
  348         (i) Willful neglect of duty directly related to the
  349  employee’s employment as described in an applicable written job
  350  description or written rules of conduct.
  351         (j) Failure to maintain a license, registration, or
  352  certification required by law in order for the employee to
  353  perform her or his assigned job duties as described in an
  354  written job description.
  355         (3)(2) If the Agency for Workforce Innovation finds that
  356  the individual has failed without good cause to actively seek
  357  work, to apply for available suitable work when directed by the
  358  agency or the one-stop career center, to accept suitable work
  359  when offered to him or her, or to return to the individual’s
  360  customary self-employment when directed by the agency, the
  361  disqualification continues for the full period of unemployment
  362  next ensuing after he or she failed without good cause to apply
  363  for available suitable work, to accept suitable work, or to
  364  return to his or her customary self-employment, under this
  365  subsection, and until the individual has earned income of at
  366  least 17 times his or her weekly benefit amount. The agency
  367  shall determine suitable work pursuant to the following
  368  criteria: The Agency for Workforce Innovation shall by rule
  369  adopt criteria for determining the “suitability of work,” as
  370  used in this section. The Agency for Workforce Innovation in
  371  developing these rules shall consider the duration of a
  372  claimant’s unemployment in determining the suitability of work
  373  and the suitability of proposed rates of compensation for
  374  available work. Further, after an individual has received 25
  375  weeks of benefits in a single year, suitable work is a job that
  376  pays the minimum wage and is 120 percent or more of the weekly
  377  benefit amount the individual is drawing.
  378         (a) The agency shall consider the duration of the
  379  individual’s unemployment. For the first 12 weeks of
  380  unemployment, suitable work is employment of an equal or higher
  381  skill level than the individual’s previous employment which pays
  382  wages that are at least 80 percent of the individual’s average
  383  weekly wage of the high quarter wages of his or her base period
  384  employment. After 13 weeks of unemployment, suitable work is
  385  employment that pays wages at least equal to the weekly benefit
  386  amount that the individual is drawing.
  387         (b)(a)In determining whether or not any work is suitable
  388  for an individual, The agency for Workforce Innovation shall
  389  consider the degree of risk involved to the individual’s his or
  390  her health, safety, and morals; the individual’s his or her
  391  physical fitness, and prior training,; the individual’s
  392  experience, and prior earnings,; his or her length of
  393  unemployment, and prospects for securing local work in his or
  394  her customary occupation; and the distance of the available work
  395  from his or her residence.
  396         (c)(b) Notwithstanding any other provisions of this
  397  chapter, work is not deemed suitable and benefits may not be
  398  denied under this chapter to any otherwise eligible individual
  399  for refusing to accept new work under any of the following
  400  conditions:
  401         1. If The position offered is vacant due directly to a
  402  strike, lockout, or other labor dispute.
  403         2. If The wages, hours, or other conditions of the work
  404  offered are substantially less favorable to the individual than
  405  those prevailing for similar work in the locality.
  406         3. If As a condition of being employed, the individual is
  407  would be required to join a company union or to resign from or
  408  refrain from joining any bona fide labor organization.
  409         (d)(c) If the agency for Workforce Innovation finds that an
  410  individual was rejected for offered employment as the direct
  411  result of a positive, confirmed drug test required as a
  412  condition of employment, the individual is disqualified for
  413  refusing to accept an offer of suitable work.
  414         (4)(3) For any week with respect to which he or she is
  415  receiving or has received remuneration in the form of:
  416         (a) Wages in lieu of notice.
  417         (b) Severance pay. The number of weeks that an individual’s
  418  severance pay disqualifies the individual is equal to the amount
  419  of the severance pay divided by the individual’s average weekly
  420  wage received from her or his most recent employer, rounded down
  421  to the nearest whole number, beginning with the week the
  422  individual is separated from employment.
  423         (c)(b)1. Compensation for temporary total disability or
  424  permanent total disability under the workers’ compensation law
  425  of any state or under a similar law of the United States.
  426  
  427  2. However, if the remuneration referred to in paragraphs (a),
  428  and (b), and (c) is less than the benefits that would otherwise
  429  be due under this chapter, an individual who is otherwise
  430  eligible he or she is entitled to receive for that week, if
  431  otherwise eligible, benefits reduced by the amount of the
  432  remuneration.
  433         (10)(9) If the individual was terminated from his or her
  434  work for violation of any criminal law punishable by
  435  imprisonment, or for any dishonest act, in connection with his
  436  or her work, as follows:
  437         (a) If the Agency for Workforce Innovation or the
  438  Unemployment Appeals Commission finds that the individual was
  439  terminated from his or her work for violation of any criminal
  440  law, under any jurisdiction, which was punishable by
  441  imprisonment in connection with his or her work or affected his
  442  or her ability to perform work, and the individual was
  443  convicted, or entered a plea of guilty or nolo contendere found
  444  guilty of the offense, made an admission of guilt in a court of
  445  law, or entered a plea of no contest, the individual is not
  446  entitled to unemployment benefits for up to 52 weeks, pursuant
  447  to under rules adopted by the agency for Workforce Innovation,
  448  and until he or she has earned income of at least 17 times his
  449  or her weekly benefit amount. If, before an adjudication of
  450  guilt, an admission of guilt, or a plea of nolo contendere no
  451  contest, the employer provides competent, substantial evidence
  452  to shows the agency for Workforce Innovation that the arrest was
  453  due to a crime against the employer or the employer’s business,
  454  customers, or invitees and, after considering all the evidence,
  455  the Agency for Workforce Innovation finds misconduct in
  456  connection with the individual’s work, the individual is not
  457  entitled to unemployment benefits.
  458         (b) If the Agency for Workforce Innovation or the
  459  Unemployment Appeals Commission finds that the individual was
  460  unavailable for work due to incarceration or imprisonment,
  461  regardless of whether the offense was committed in connection
  462  with his or her work, the individual is not entitled to
  463  unemployment benefits for up to 52 weeks, pursuant to rules
  464  adopted by the agency, and until he or she has earned income of
  465  at least 17 times his or her weekly benefit amount.
  466         (c)(b) If the Agency for Workforce Innovation or the
  467  Unemployment Appeals Commission finds that the individual was
  468  terminated from work for any dishonest act in connection with
  469  his or her work, the individual is not entitled to unemployment
  470  benefits for up to 52 weeks, pursuant to under rules adopted by
  471  the agency for Workforce Innovation, and until he or she has
  472  earned income of at least 17 times his or her weekly benefit
  473  amount. In addition, If the employer terminates an individual as
  474  a result of a dishonest act in connection with his or her work
  475  and the agency for Workforce Innovation finds misconduct in
  476  connection with his or her work, the individual is not entitled
  477  to unemployment benefits.
  478  
  479  If With respect to an individual is disqualified for benefits,
  480  the account of the terminating employer, if the employer is in
  481  the base period, is noncharged at the time the disqualification
  482  is imposed.
  483         (12)(11) If an individual is discharged from employment for
  484  drug use as evidenced by a positive, confirmed drug test as
  485  provided in paragraph (1)(d), or is rejected for offered
  486  employment because of a positive, confirmed drug test as
  487  provided in paragraph (3)(d) (2)(c), test results and chain of
  488  custody documentation provided to the employer by a licensed and
  489  approved drug-testing laboratory is self-authenticating and
  490  admissible in unemployment compensation hearings, and such
  491  evidence creates a rebuttable presumption that the individual
  492  used, or was using, controlled substances, subject to the
  493  following conditions:
  494         (a) To qualify for the presumption described in this
  495  subsection, an employer must have implemented a drug-free
  496  workplace program under ss. 440.101 and 440.102, and must submit
  497  proof that the employer has qualified for the insurance
  498  discounts provided under s. 627.0915, as certified by the
  499  insurance carrier or self-insurance unit. In lieu of these
  500  requirements, an employer who does not fit the definition of
  501  “employer” in s. 440.102 may qualify for the presumption if the
  502  employer is in compliance with equivalent or more stringent
  503  drug-testing standards established by federal law or regulation.
  504         (b) Only laboratories licensed and approved as provided in
  505  s. 440.102(9), or as provided by equivalent or more stringent
  506  licensing requirements established by federal law or regulation
  507  may perform the drug tests.
  508         (c) Disclosure of drug test results and other information
  509  pertaining to drug testing of individuals who claim or receive
  510  compensation under this chapter is shall be governed by s.
  511  443.1715.
  512         Section 6. Paragraph (c) of subsection (3) of section
  513  443.1115, Florida Statutes, is amended to read:
  514         443.1115 Extended benefits.—
  515         (3) ELIGIBILITY REQUIREMENTS FOR EXTENDED BENEFITS.—
  516         (c)1. An individual is disqualified from receiving extended
  517  benefits if the Agency for Workforce Innovation finds that,
  518  during any week of unemployment in her or his eligibility
  519  period:
  520         a. She or he failed to apply for suitable work or, if
  521  offered, failed to accept suitable work, unless the individual
  522  can furnish to the agency satisfactory evidence that her or his
  523  prospects for obtaining work in her or his customary occupation
  524  within a reasonably short period are good. If this evidence is
  525  deemed satisfactory for this purpose, the determination of
  526  whether any work is suitable for the individual shall be made in
  527  accordance with the definition of suitable work in s. 443.101(3)
  528  443.101(2). This disqualification begins with the week the
  529  failure occurred and continues until she or he is employed for
  530  at least 4 weeks and receives earned income of at least 17 times
  531  her or his weekly benefit amount.
  532         b. She or he failed to furnish tangible evidence that she
  533  or he actively engaged in a systematic and sustained effort to
  534  find work. This disqualification begins with the week the
  535  failure occurred and continues until she or he is employed for
  536  at least 4 weeks and receives earned income of at least 4 times
  537  her or his weekly benefit amount.
  538         2. Except as otherwise provided in sub-subparagraph 1.a.,
  539  as used in this paragraph, the term “suitable work” means any
  540  work within the individual’s capabilities to perform, if:
  541         a. The gross average weekly remuneration payable for the
  542  work exceeds the sum of the individual’s weekly benefit amount
  543  plus the amount, if any, of supplemental unemployment benefits,
  544  as defined in s. 501(c)(17)(D) of the Internal Revenue Code of
  545  1954, as amended, payable to the individual for that week;
  546         b. The wages payable for the work equal the higher of the
  547  minimum wages provided by s. 6(a)(1) of the Fair Labor Standards
  548  Act of 1938, without regard to any exemption, or the state or
  549  local minimum wage; and
  550         c. The work otherwise meets the definition of suitable work
  551  in s. 443.101(3) 443.101(2) to the extent that the criteria for
  552  suitability are not inconsistent with this paragraph.
  553         Section 7. Notwithstanding the expiration date contained in
  554  section 1 of chapter 2010-90, Laws of Florida, operating
  555  retroactive to December 17, 2010, and expiring January 4, 2012,
  556  section 443.1117, Florida Statutes, is revived, readopted, and
  557  amended to read:
  558         443.1117 Temporary extended benefits.—
  559         (1) APPLICABILITY OF EXTENDED BENEFITS STATUTE.—Except if
  560  the result is inconsistent with the other provisions of this
  561  section, s. 443.1115(2), (3), (4), (6), and (7) apply to all
  562  claims covered by this section.
  563         (2) DEFINITIONS.—As used in For the purposes of this
  564  section, the term:
  565         (a) “Regular benefits” and “extended benefits” have the
  566  same meaning as in s. 443.1115.
  567         (b) “Eligibility period” means the weeks in an individual’s
  568  benefit year or emergency benefit period which begin in an
  569  extended benefit period and, if the benefit year or emergency
  570  benefit period ends within that extended benefit period, any
  571  subsequent weeks beginning in that period.
  572         (c) “Emergency benefits” means Emergency Unemployment
  573  Compensation paid pursuant to Pub. L. No. 110-252, Pub. L. No.
  574  110-449, Pub. L. No. 111-5, Pub. L. No. 111-92, and Pub. L. No.
  575  111-118, Pub. L. No. 111-144, and Pub. L. No. 111-157, Pub. L.
  576  No. 111-205, and Pub. L. No. 111-312.
  577         (d) “Extended benefit period” means a period that:
  578         1. Begins with the third week after a week for which there
  579  is a state “on” indicator; and
  580         2. Ends with any of the following weeks, whichever occurs
  581  later:
  582         a. The third week after the first week for which there is a
  583  state “off” indicator;
  584         b. The 13th consecutive week of that period.
  585  
  586  However, an extended benefit period may not begin by reason of a
  587  state “on” indicator before the 14th week after the end of a
  588  prior extended benefit period that was in effect for this state.
  589         (e) “Emergency benefit period” means the period during
  590  which an individual receives emergency benefits as defined in
  591  paragraph (c).
  592         (f) “Exhaustee” means an individual who, for any week of
  593  unemployment in her or his eligibility period:
  594         1. Has received, before that week, all of the regular
  595  benefits and emergency benefits, if any, available under this
  596  chapter or any other law, including dependents’ allowances and
  597  benefits payable to federal civilian employees and ex
  598  servicemembers under 5 U.S.C. ss. 8501-8525, in the current
  599  benefit year or emergency benefit period that includes that
  600  week. For the purposes of this subparagraph, an individual has
  601  received all of the regular benefits and emergency benefits, if
  602  any, available even if although, as a result of a pending appeal
  603  for wages paid for insured work which were not considered in the
  604  original monetary determination in the benefit year, she or he
  605  may subsequently be determined to be entitled to added regular
  606  benefits;
  607         2. Had a benefit year that which expired before that week,
  608  and was paid no, or insufficient, wages for insured work on the
  609  basis of which she or he could establish a new benefit year that
  610  includes that week; and
  611         3.a. Has no right to unemployment benefits or allowances
  612  under the Railroad Unemployment Insurance Act or other federal
  613  laws as specified in regulations issued by the United States
  614  Secretary of Labor; and
  615         b. Has not received and is not seeking unemployment
  616  benefits under the unemployment compensation law of Canada; but
  617  if an individual is seeking those benefits and the appropriate
  618  agency finally determines that she or he is not entitled to
  619  benefits under that law, she or he is considered an exhaustee.
  620         (g) “State ‘on’ indicator” means, with respect to weeks of
  621  unemployment beginning on or after February 1, 2009, and ending
  622  on or before December 10, 2011 May 8, 2010, the occurrence of a
  623  week in which the average total unemployment rate, seasonally
  624  adjusted, as determined by the United States Secretary of Labor,
  625  for the most recent 3 months for which data for all states are
  626  published by the United States Department of Labor:
  627         1. Equals or exceeds 110 percent of the average of those
  628  rates for the corresponding 3-month period ending in any or all
  629  each of the preceding 3 2 calendar years; and
  630         2. Equals or exceeds 6.5 percent.
  631         (h) “High unemployment period” means, with respect to weeks
  632  of unemployment beginning on or after February 1, 2009, and
  633  ending on or before December 10, 2011 May 8, 2010, any week in
  634  which the average total unemployment rate, seasonally adjusted,
  635  as determined by the United States Secretary of Labor, for the
  636  most recent 3 months for which data for all states are published
  637  by the United States Department of Labor:
  638         1. Equals or exceeds 110 percent of the average of those
  639  rates for the corresponding 3-month period ending in any or all
  640  each of the preceding 3 2 calendar years; and
  641         2. Equals or exceeds 8 percent.
  642         (i) “State ‘off’ indicator” means the occurrence of a week
  643  in which there is no state “on” indicator or which does not
  644  constitute a high unemployment period.
  645         (3) TOTAL EXTENDED BENEFIT AMOUNT.—Except as provided in
  646  subsection (4):
  647         (a) For any week for which there is an “on” indicator
  648  pursuant to paragraph (2)(g), the total extended benefit amount
  649  payable to an eligible individual for her or his applicable
  650  benefit year is the lesser of:
  651         1. Fifty percent of the total regular benefits payable
  652  under this chapter in the applicable benefit year; or
  653         2. Thirteen times the weekly benefit amount payable under
  654  this chapter for a week of total unemployment in the applicable
  655  benefit year.
  656         (b) For any high unemployment period, the total extended
  657  benefit amount payable to an eligible individual for her or his
  658  applicable benefit year is the lesser of:
  659         1. Eighty percent of the total regular benefits payable
  660  under this chapter in the applicable benefit year; or
  661         2. Twenty times the weekly benefit amount payable under
  662  this chapter for a week of total unemployment in the applicable
  663  benefit year.
  664         (4) EFFECT ON TRADE READJUSTMENT.—Notwithstanding any other
  665  provision of this chapter, if the benefit year of an individual
  666  ends within an extended benefit period, the number of weeks of
  667  extended benefits the individual is entitled to receive in that
  668  extended benefit period for weeks of unemployment beginning
  669  after the end of the benefit year, except as provided in this
  670  section, is reduced, but not to below zero, by the number of
  671  weeks for which the individual received, within that benefit
  672  year, trade readjustment allowances under the Trade Act of 1974,
  673  as amended.
  674         Section 8. The provisions of s. 443.1117, Florida Statutes,
  675  as revived, readopted, and amended by this act, apply only to
  676  claims for weeks of unemployment in which an exhaustee
  677  establishes entitlement to extended benefits pursuant to that
  678  section which are established for the period between December
  679  17, 2010 and January 4, 2012.
  680         Section 9. Paragraph (a) of subsection (1) of section
  681  443.1216, Florida Statutes, is amended to read:
  682         443.1216 Employment.—Employment, as defined in s. 443.036,
  683  is subject to this chapter under the following conditions:
  684         (1)(a) The employment subject to this chapter includes a
  685  service performed, including a service performed in interstate
  686  commerce, by:
  687         1. An officer of a corporation.
  688         2. An individual who, under the usual common-law rules
  689  applicable in determining the employer-employee relationship, is
  690  an employee. However, if whenever a client, as defined in s.
  691  443.036(18), which would otherwise be designated as an employing
  692  unit, has contracted with an employee leasing company to supply
  693  it with workers, those workers are considered employees of the
  694  employee leasing company and must be reported under the leasing
  695  company’s tax identification number and contribution rate for
  696  work performed for the leasing company.
  697         a. However, except for the internal employees of an
  698  employee leasing company, a leasing company may make a one-time
  699  election to report and pay contributions for all leased
  700  employees under the respective unemployment account of each
  701  client of the leasing company. This election applies only to
  702  contributions for unemployment.
  703         (I) Such election includes all of the leasing company’s
  704  clients.
  705         (II) An employee leasing company must notify the Agency for
  706  Workforce Innovation or the tax collection service provider of
  707  its election by September 30, and such election applies to
  708  reports and contributions due beginning the following January 1.
  709         (III) Subsequent to such election, the employee leasing
  710  company may not change its reporting method.
  711         (IV) This sub-subparagraph applies to all employee leasing
  712  companies, including each leasing company that is a group member
  713  or group leader of an employee leasing company group licensed
  714  pursuant to chapter 468. The election is binding on all employee
  715  leasing companies and their related enterprises, subsidiaries,
  716  or other entities that share common ownership, management, or
  717  control with the leasing company. The election is also binding
  718  on all clients of the leasing company for as long as a written
  719  agreement is in effect between the client and the leasing
  720  company pursuant to s. 468.525(3)(a).
  721         b. An employee leasing company may lease corporate officers
  722  of the client to the client and other workers to the client,
  723  except as prohibited by regulations of the Internal Revenue
  724  Service. Employees of an employee leasing company must be
  725  reported under the employee leasing company’s tax identification
  726  number and contribution rate for work performed for the employee
  727  leasing company.
  728         c.a. In addition to any other report required to be filed
  729  by law, an employee leasing company shall submit a report to the
  730  Labor Market Statistics Center within the Agency for Workforce
  731  Innovation which includes each client establishment and each
  732  establishment of the employee leasing company, or as otherwise
  733  directed by the agency. The report must include the following
  734  information for each establishment:
  735         (I) The trade or establishment name;
  736         (II) The former unemployment compensation account number,
  737  if available;
  738         (III) The former federal employer’s identification number
  739  (FEIN), if available;
  740         (IV) The industry code recognized and published by the
  741  United States Office of Management and Budget, if available;
  742         (V) A description of the client’s primary business activity
  743  in order to verify or assign an industry code;
  744         (VI) The address of the physical location;
  745         (VII) The number of full-time and part-time employees who
  746  worked during, or received pay that was subject to unemployment
  747  compensation taxes for, the pay period including the 12th of the
  748  month for each month of the quarter;
  749         (VIII) The total wages subject to unemployment compensation
  750  taxes paid during the calendar quarter;
  751         (IX) An internal identification code to uniquely identify
  752  each establishment of each client;
  753         (X) The month and year that the client entered into the
  754  contract for services; and
  755         (XI) The month and year that the client terminated the
  756  contract for services.
  757         d.b. The report shall be submitted electronically or in a
  758  manner otherwise prescribed by the Agency for Workforce
  759  Innovation in the format specified by the Bureau of Labor
  760  Statistics of the United States Department of Labor for its
  761  Multiple Worksite Report for Professional Employer
  762  Organizations. The report must be provided quarterly to the
  763  Labor Market Statistics Center within the agency for Workforce
  764  Innovation, or as otherwise directed by the agency, and must be
  765  filed by the last day of the month immediately following the end
  766  of the calendar quarter. The information required in sub-sub
  767  subparagraphs c.(X) and (XI) a.(X) and (XI) need be provided
  768  only in the quarter in which the contract to which it relates
  769  was entered into or terminated. The sum of the employment data
  770  and the sum of the wage data in this report must match the
  771  employment and wages reported in the unemployment compensation
  772  quarterly tax and wage report. A report is not required for any
  773  calendar quarter preceding the third calendar quarter of 2010.
  774         e.c. The Agency for Workforce Innovation shall adopt rules
  775  as necessary to administer this subparagraph, and may
  776  administer, collect, enforce, and waive the penalty imposed by
  777  s. 443.141(1)(b) for the report required by this subparagraph.
  778         f.d. For the purposes of this subparagraph, the term
  779  “establishment” means any location where business is conducted
  780  or where services or industrial operations are performed.
  781         3. An individual other than an individual who is an
  782  employee under subparagraph 1. or subparagraph 2., who performs
  783  services for remuneration for any person:
  784         a. As an agent-driver or commission-driver engaged in
  785  distributing meat products, vegetable products, fruit products,
  786  bakery products, beverages other than milk, or laundry or
  787  drycleaning services for his or her principal.
  788         b. As a traveling or city salesperson engaged on a full
  789  time basis in the solicitation on behalf of, and the
  790  transmission to, his or her principal of orders from
  791  wholesalers, retailers, contractors, or operators of hotels,
  792  restaurants, or other similar establishments for merchandise for
  793  resale or supplies for use in their business operations. This
  794  sub-subparagraph does not apply to an agent-driver or a
  795  commission-driver and does not apply to sideline sales
  796  activities performed on behalf of a person other than the
  797  salesperson’s principal.
  798         4. The services described in subparagraph 3. are employment
  799  subject to this chapter only if:
  800         a. The contract of service contemplates that substantially
  801  all of the services are to be performed personally by the
  802  individual;
  803         b. The individual does not have a substantial investment in
  804  facilities used in connection with the services, other than
  805  facilities used for transportation; and
  806         c. The services are not in the nature of a single
  807  transaction that is not part of a continuing relationship with
  808  the person for whom the services are performed.
  809         Section 10. Effective upon this act becoming a law and
  810  operating retroactively to January 1, 2011, paragraphs (c) and
  811  (e) of subsection (3) of section 443.131, Florida Statutes, are
  812  amended to read:
  813         443.131 Contributions.—
  814         (3) VARIATION OF CONTRIBUTION RATES BASED ON BENEFIT
  815  EXPERIENCE.—
  816         (c) Standard rate.—The standard rate of contributions
  817  payable by each employer shall be 6.4 5.4 percent.
  818         (e) Assignment of variations from the standard rate.—For
  819  the calculation of contribution rates effective January 1, 2010,
  820  and thereafter:
  821         1. The tax collection service provider shall assign a
  822  variation from the standard rate of contributions for each
  823  calendar year to each eligible employer. In determining the
  824  contribution rate, varying from the standard rate to be assigned
  825  each employer, adjustment factors computed under sub
  826  subparagraphs a.-d. are added to the benefit ratio. This
  827  addition shall be accomplished in two steps by adding a variable
  828  adjustment factor and a final adjustment factor. The sum of
  829  these adjustment factors computed under sub-subparagraphs a.-d.
  830  shall first be algebraically summed. The sum of these adjustment
  831  factors shall next be divided by a gross benefit ratio
  832  determined as follows: Total benefit payments for the 3-year
  833  period described in subparagraph (b)2. are charged to employers
  834  eligible for a variation from the standard rate, minus excess
  835  payments for the same period, divided by taxable payroll
  836  entering into the computation of individual benefit ratios for
  837  the calendar year for which the contribution rate is being
  838  computed. The ratio of the sum of the adjustment factors
  839  computed under sub-subparagraphs a.-d. to the gross benefit
  840  ratio is multiplied by each individual benefit ratio that is
  841  less than the maximum contribution rate to obtain variable
  842  adjustment factors; except that if the sum of an employer’s
  843  individual benefit ratio and variable adjustment factor exceeds
  844  the maximum contribution rate, the variable adjustment factor is
  845  reduced in order for the sum to equal the maximum contribution
  846  rate. The variable adjustment factor for each of these employers
  847  is multiplied by his or her taxable payroll entering into the
  848  computation of his or her benefit ratio. The sum of these
  849  products is divided by the taxable payroll of the employers who
  850  entered into the computation of their benefit ratios. The
  851  resulting ratio is subtracted from the sum of the adjustment
  852  factors computed under sub-subparagraphs a.-d. to obtain the
  853  final adjustment factor. The variable adjustment factors and the
  854  final adjustment factor must be computed to five decimal places
  855  and rounded to the fourth decimal place. This final adjustment
  856  factor is added to the variable adjustment factor and benefit
  857  ratio of each employer to obtain each employer’s contribution
  858  rate. An employer’s contribution rate may not, however, be
  859  rounded to less than 0.1 percent.
  860         a. An adjustment factor for noncharge benefits is computed
  861  to the fifth decimal place and rounded to the fourth decimal
  862  place by dividing the amount of noncharge benefits during the 3
  863  year period described in subparagraph (b)2. by the taxable
  864  payroll of employers eligible for a variation from the standard
  865  rate who have a benefit ratio for the current year which is less
  866  than the maximum contribution rate. For purposes of computing
  867  this adjustment factor, the taxable payroll of these employers
  868  is the taxable payrolls for the 3 years ending June 30 of the
  869  current calendar year as reported to the tax collection service
  870  provider by September 30 of the same calendar year. As used in
  871  this sub-subparagraph, the term “noncharge benefits” means
  872  benefits paid to an individual from the Unemployment
  873  Compensation Trust Fund, but which were not charged to the
  874  employment record of any employer.
  875         b. An adjustment factor for excess payments is computed to
  876  the fifth decimal place, and rounded to the fourth decimal place
  877  by dividing the total excess payments during the 3-year period
  878  described in subparagraph (b)2. by the taxable payroll of
  879  employers eligible for a variation from the standard rate who
  880  have a benefit ratio for the current year which is less than the
  881  maximum contribution rate. For purposes of computing this
  882  adjustment factor, the taxable payroll of these employers is the
  883  same figure used to compute the adjustment factor for noncharge
  884  benefits under sub-subparagraph a. As used in this sub
  885  subparagraph, the term “excess payments” means the amount of
  886  benefits charged to the employment record of an employer during
  887  the 3-year period described in subparagraph (b)2., less the
  888  product of the maximum contribution rate and the employer’s
  889  taxable payroll for the 3 years ending June 30 of the current
  890  calendar year as reported to the tax collection service provider
  891  by September 30 of the same calendar year. As used in this sub
  892  subparagraph, the term “total excess payments” means the sum of
  893  the individual employer excess payments for those employers that
  894  were eligible for assignment of a contribution rate different
  895  from the standard rate.
  896         c. With respect to computing a positive adjustment factor:
  897         (I) Beginning January 1, 2012, if the balance of the
  898  Unemployment Compensation Trust Fund on September 30 of the
  899  calendar year immediately preceding the calendar year for which
  900  the contribution rate is being computed is less than 4 percent
  901  of the taxable payrolls for the year ending June 30 as reported
  902  to the tax collection service provider by September 30 of that
  903  calendar year, a positive adjustment factor shall be computed.
  904  The positive adjustment factor is computed annually to the fifth
  905  decimal place and rounded to the fourth decimal place by
  906  dividing the sum of the total taxable payrolls for the year
  907  ending June 30 of the current calendar year as reported to the
  908  tax collection service provider by September 30 of that calendar
  909  year into a sum equal to one-third of the difference between the
  910  balance of the fund as of September 30 of that calendar year and
  911  the sum of 5 percent of the total taxable payrolls for that
  912  year. The positive adjustment factor remains in effect for
  913  subsequent years until the balance of the Unemployment
  914  Compensation Trust Fund as of September 30 of the year
  915  immediately preceding the effective date of the contribution
  916  rate equals or exceeds 5 percent of the taxable payrolls for the
  917  year ending June 30 of the current calendar year as reported to
  918  the tax collection service provider by September 30 of that
  919  calendar year.
  920         (II) Beginning January 1, 2015, and for each year
  921  thereafter, the positive adjustment shall be computed by
  922  dividing the sum of the total taxable payrolls for the year
  923  ending June 30 of the current calendar year as reported to the
  924  tax collection service provider by September 30 of that calendar
  925  year into a sum equal to one-fourth of the difference between
  926  the balance of the fund as of September 30 of that calendar year
  927  and the sum of 5 percent of the total taxable payrolls for that
  928  year. The positive adjustment factor remains in effect for
  929  subsequent years until the balance of the Unemployment
  930  Compensation Trust Fund as of September 30 of the year
  931  immediately preceding the effective date of the contribution
  932  rate equals or exceeds 4 percent of the taxable payrolls for the
  933  year ending June 30 of the current calendar year as reported to
  934  the tax collection service provider by September 30 of that
  935  calendar year.
  936         d. If, beginning January 1, 2015, and each year thereafter,
  937  the balance of the Unemployment Compensation Trust Fund as of
  938  September 30 of the year immediately preceding the calendar year
  939  for which the contribution rate is being computed exceeds 5
  940  percent of the taxable payrolls for the year ending June 30 of
  941  the current calendar year as reported to the tax collection
  942  service provider by September 30 of that calendar year, a
  943  negative adjustment factor must be computed. The negative
  944  adjustment factor shall be computed annually beginning on
  945  January 1, 2015, and each year thereafter, to the fifth decimal
  946  place and rounded to the fourth decimal place by dividing the
  947  sum of the total taxable payrolls for the year ending June 30 of
  948  the current calendar year as reported to the tax collection
  949  service provider by September 30 of the calendar year into a sum
  950  equal to one-fourth of the difference between the balance of the
  951  fund as of September 30 of the current calendar year and 5
  952  percent of the total taxable payrolls of that year. The negative
  953  adjustment factor remains in effect for subsequent years until
  954  the balance of the Unemployment Compensation Trust Fund as of
  955  September 30 of the year immediately preceding the effective
  956  date of the contribution rate is less than 5 percent, but more
  957  than 4 percent of the taxable payrolls for the year ending June
  958  30 of the current calendar year as reported to the tax
  959  collection service provider by September 30 of that calendar
  960  year. The negative adjustment authorized by this section is
  961  suspended in any calendar year in which repayment of the
  962  principal amount of an advance received from the federal
  963  Unemployment Compensation Trust Fund under 42 U.S.C. s. 1321 is
  964  due to the Federal Government.
  965         e. The maximum contribution rate that may be assigned to an
  966  employer is 6.4 5.4 percent, except employers participating in
  967  an approved short-time compensation plan may be assigned a
  968  maximum contribution rate that is 1 percent greater than the
  969  maximum contribution rate for other employers in any calendar
  970  year in which short-time compensation benefits are charged to
  971  the employer’s employment record.
  972         f. As used in this subsection, “taxable payroll” shall be
  973  determined by excluding any part of the remuneration paid to an
  974  individual by an employer for employment during a calendar year
  975  in excess of the first $7,000. Beginning January 1, 2012,
  976  “taxable payroll” shall be determined by excluding any part of
  977  the remuneration paid to an individual by an employer for
  978  employment during a calendar year as described in s.
  979  443.1217(2). For the purposes of the employer rate calculation
  980  that will take effect in January 1, 2012, and in January 1,
  981  2013, the tax collection service provider shall use the data
  982  available for taxable payroll from 2009 based on excluding any
  983  part of the remuneration paid to an individual by an employer
  984  for employment during a calendar year in excess of the first
  985  $7,000, and from 2010 and 2011, the data available for taxable
  986  payroll based on excluding any part of the remuneration paid to
  987  an individual by an employer for employment during a calendar
  988  year in excess of the first $8,500.
  989         2. If the transfer of an employer’s employment record to an
  990  employing unit under paragraph (f) which, before the transfer,
  991  was an employer, the tax collection service provider shall
  992  recompute a benefit ratio for the successor employer based on
  993  the combined employment records and reassign an appropriate
  994  contribution rate to the successor employer effective on the
  995  first day of the calendar quarter immediately after the
  996  effective date of the transfer.
  997         Section 11. Present paragraph (f) of subsection (1) of
  998  section 443.141, Florida Statutes, is redesignated as paragraph
  999  (g), and a new paragraph (f) is added to that subsection, to
 1000  read:
 1001         443.141 Collection of contributions and reimbursements.—
 1002         (1) PAST DUE CONTRIBUTIONS AND REIMBURSEMENTS; DELINQUENT,
 1003  ERRONEOUS, INCOMPLETE, OR INSUFFICIENT REPORTS.—
 1004         (f) Payments for 2012, 2013, and 2014 Contributions.—For an
 1005  annual administrative fee not to exceed $5, a contributing
 1006  employer may pay its quarterly contributions due for wages paid
 1007  in the first three quarters of 2012, 2013, and 2014 in equal
 1008  installments if those contributions are paid as follows:
 1009         1. For contributions due for wages paid in the first
 1010  quarter of each year, one-fourth of the contributions due must
 1011  be paid on or before April 30, one-fourth must be paid on or
 1012  before July 31, one-fourth must be paid on or before October 31,
 1013  and one-fourth must be paid on or before December 31.
 1014         2. In addition to the payments specified in subparagraph
 1015  1., for contributions due for wages paid in the second quarter
 1016  of each year, one-third of the contributions due must be paid on
 1017  or before July 31, one-third must be paid on or before October
 1018  31, and one-third must be paid on or before December 31.
 1019         3. In addition to the payments specified in subparagraphs
 1020  1. and 2., for contributions due for wages paid in the third
 1021  quarter of each year, one-half of the contributions due must be
 1022  paid on or before October 31, and one-half must be paid on or
 1023  before December 31.
 1024         4. The annual administrative fee assessed for electing to
 1025  pay under the installment method shall be collected at the time
 1026  the employer makes the first installment payment each year. The
 1027  fee shall be segregated from the payment and deposited into the
 1028  Operating Trust Fund of the Department of Revenue.
 1029         5. Interest does not accrue on any contribution that
 1030  becomes due for wages paid in the first three quarters of each
 1031  year if the employer pays the contribution in accordance with
 1032  subparagraphs 1.-4. Interest and fees continue to accrue on
 1033  prior delinquent contributions and commence accruing on all
 1034  contributions due for wages paid in the first three quarters of
 1035  each year which are not paid in accordance with subparagraphs
 1036  1.-3. Penalties may be assessed in accordance with this chapter.
 1037  The contributions due for wages paid in the fourth quarter of
 1038  2012, 2013, and 2014 are not affected by this paragraph and are
 1039  due and payable in accordance with this chapter.
 1040         Section 12. Paragraph (a) of subsection (2), paragraphs
 1041  (b), (d), and (e) of subsection (3), and paragraph (e) of
 1042  subsection (4) of section 443.151, Florida Statutes, are
 1043  amended, present paragraphs (c) through (f) of subsection (6) of
 1044  that section are redesignated as paragraphs (d) through (g),
 1045  respectively, and a new paragraph (c) is added to that
 1046  subsection, to read:
 1047         443.151 Procedure concerning claims.—
 1048         (2) FILING OF CLAIM INVESTIGATIONS; NOTIFICATION OF
 1049  CLAIMANTS AND EMPLOYERS.—
 1050         (a) In general.—Claims for benefits must be made in
 1051  accordance with the rules adopted by the Agency for Workforce
 1052  Innovation. New claims for benefits may be submitted by
 1053  telephone, mail, or approved electronic means. Continuing claims
 1054  for benefits may be submitted only by mail or approved
 1055  electronic means. The agency must notify claimants and employers
 1056  regarding monetary and nonmonetary determinations of
 1057  eligibility. Investigations of issues raised in connection with
 1058  a claimant which may affect a claimant’s eligibility for
 1059  benefits or charges to an employer’s employment record shall be
 1060  conducted by the agency through written, telephonic, or
 1061  electronic means as prescribed by rule.
 1062         (3) DETERMINATION OF ELIGIBILITY.—
 1063         (b) Monetary determinations.—In addition to the notice of
 1064  claim, the Agency for Workforce Innovation must shall also
 1065  promptly provide an initial monetary determination to the
 1066  claimant and each base period employer whose account is subject
 1067  to being charged for its respective share of benefits on the
 1068  claim. The monetary determination must include a statement of
 1069  whether and in what amount the claimant is entitled to benefits,
 1070  and, in the event of a denial, must state the reasons for the
 1071  denial. A monetary determination for the first week of a benefit
 1072  year must also include a statement of whether the claimant was
 1073  paid the wages required under s. 443.091(1)(h) 443.091(1)(g)
 1074  and, if so, the first day of the benefit year, the claimant’s
 1075  weekly benefit amount, and the maximum total amount of benefits
 1076  payable to the claimant for a benefit year. The monetary
 1077  determination is final unless within 20 days after the mailing
 1078  of the notices to the parties’ last known addresses, or in lieu
 1079  of mailing, within 20 days after the delivery of the notices, an
 1080  appeal or written request for reconsideration is filed by the
 1081  claimant or other party entitled to notice. The agency may adopt
 1082  rules as necessary to implement the processes described in this
 1083  paragraph relating to notices of monetary determinations and the
 1084  appeals or reconsideration requests filed in response to such
 1085  notices.
 1086         (d) Determinations in labor dispute cases.If a Whenever
 1087  any claim involves a labor dispute described in s. 443.101(5)
 1088  443.101(4), the Agency for Workforce Innovation shall promptly
 1089  assign the claim to a special examiner who shall make a
 1090  determination on the issues involving unemployment due to the
 1091  labor dispute. The special examiner shall make the determination
 1092  after an investigation, as necessary. The claimant or another
 1093  party entitled to notice of the determination may appeal a
 1094  determination under subsection (4).
 1095         (e) Redeterminations.—
 1096         1. The Agency for Workforce Innovation may reconsider a
 1097  determination if it finds an error or if new evidence or
 1098  information pertinent to the determination is discovered after a
 1099  prior determination or redetermination. A redetermination may
 1100  not be made more than 1 year after the last day of the benefit
 1101  year unless the disqualification for making a false or
 1102  fraudulent representation under s. 443.101(7) 443.101(6) is
 1103  applicable, in which case the redetermination may be made within
 1104  2 years after the false or fraudulent representation. The agency
 1105  must promptly give notice of redetermination to the claimant and
 1106  to any employers entitled to notice in the manner prescribed in
 1107  this section for the notice of an initial determination.
 1108         2. If the amount of benefits is increased by the
 1109  redetermination, an appeal of the redetermination based solely
 1110  on the increase may be filed as provided in subsection (4). If
 1111  the amount of benefits is decreased by the redetermination, the
 1112  redetermination may be appealed by the claimant if a subsequent
 1113  claim for benefits is affected in amount or duration by the
 1114  redetermination. If the final decision on the determination or
 1115  redetermination to be reconsidered was made by an appeals
 1116  referee, the commission, or a court, the Agency for Workforce
 1117  Innovation may apply for a revised decision from the body or
 1118  court that made the final decision.
 1119         3. If an appeal of an original determination is pending
 1120  when a redetermination is issued, the appeal, unless withdrawn,
 1121  is treated as an appeal from the redetermination.
 1122         (4) APPEALS.—
 1123         (e) Judicial review.—Orders of the commission entered under
 1124  paragraph (c) are subject to appellate review only by notice of
 1125  appeal in the district court of appeal in the appellate district
 1126  in which a claimant resides or the job separation arose the
 1127  issues involved were decided by an appeals referee. However, if
 1128  the notice of appeal is submitted to the commission, the
 1129  commission shall file the notice in the district court of appeal
 1130  in the appellate district in which the order was issued.
 1131  Notwithstanding chapter 120, the commission is a party
 1132  respondent to every such proceeding. The Agency for Workforce
 1133  Innovation may initiate judicial review of orders in the same
 1134  manner and to the same extent as any other party.
 1135         (6) RECOVERY AND RECOUPMENT.—
 1136         (c) Any person who, by reason other than fraud, receives
 1137  benefits under this chapter for which she or he is not entitled
 1138  due to the failure of the Agency for Workforce Innovation to
 1139  make and provide notice of a nonmonetary determination under
 1140  paragraph (3)(c) within 30 days after filing a new claim, is
 1141  liable for repaying up to 5 weeks of benefits received to the
 1142  agency on behalf of the trust fund or may have those benefits
 1143  deducted from any future benefits payable to her or him under
 1144  this chapter.
 1145         Section 13. The Legislature finds that this act fulfills an
 1146  important state interest.
 1147         Section 14. This act shall take effect July 1, 2011.

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