Bill Text: FL S1058 | 2011 | Regular Session | Introduced


Bill Title: Unemployment Compensation

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S1058 Detail]

Download: Florida-2011-S1058-Introduced.html
       Florida Senate - 2011                                    SB 1058
       
       
       
       By Senator Hill
       
       
       
       
       1-00237A-11                                           20111058__
    1                        A bill to be entitled                      
    2         An act relating to unemployment compensation; amending
    3         s. 443.036, F.S.; defining the terms “agency” and
    4         “member of the individual’s immediate family”;
    5         amending s. 443.091, F.S.; conforming a cross
    6         reference; revising the requirements for eligibility
    7         to receive benefits; prohibiting a determination of
    8         ineligibility based solely on the fact that the
    9         individual is available only for part-time work;
   10         amending s. 443.101, F.S.; revising the definition of
   11         the term “good cause”; prohibiting a determination of
   12         ineligibility based solely on the fact that the
   13         individual is available only for part-time work;
   14         amending ss. 443.1216 and 443.131, F.S.; conforming
   15         cross-references; providing an effective date.
   16  
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 443.036, Florida Statutes, is amended to
   20  read:
   21         443.036 Definitions.—As used in this chapter, the term:
   22         (1) “Able to work” means physically and mentally capable of
   23  performing the duties of the occupation in which work is being
   24  sought.
   25         (2) “Agency” means the Agency for Workforce Innovation.
   26         (3)(2) “Agricultural labor” means any remunerated service
   27  performed:
   28         (a) On a farm, in the employ of any person, in connection
   29  with cultivating the soil or in connection with raising or
   30  harvesting any agricultural or horticultural commodity,
   31  including the raising, shearing, feeding, caring for, training,
   32  and management of livestock, bees, poultry, and fur-bearing
   33  animals and wildlife.
   34         (b) In the employ of the owner or tenant or other operator
   35  of a farm in connection with the operation, management,
   36  conservation, improvement, or maintenance of such farm and its
   37  tools and equipment, or in salvaging timber or clearing land of
   38  brush and other debris left by a hurricane if the major part of
   39  the service is performed on a farm.
   40         (c) In connection with the production or harvesting of any
   41  commodity defined as an agricultural commodity as defined in s.
   42  15(f) in s. 15(g) of the Agricultural Marketing Act, as amended,
   43  (46 Stat. 1550, s. 3; 12 U.S.C. s. 1141j); the ginning of
   44  cotton; or the operation or maintenance of ditches, canals,
   45  reservoirs, or waterways, not owned or operated for profit, used
   46  exclusively for supplying and storing water for farming
   47  purposes.
   48         (d)1. In the employ of the operator of a farm in handling,
   49  planting, drying, packing, packaging, processing, freezing,
   50  grading, storing, or delivering to storage or to market or to a
   51  carrier for transportation to market, in its unmanufactured
   52  state, any agricultural or horticultural commodity, but only if
   53  the operator produced more than one-half of the commodity for
   54  which the service is performed.
   55         2. In the employ of a group of operators of farms, or a
   56  cooperative organization of which the operators are members, in
   57  the performance of service described in subparagraph 1., but
   58  only if the operators produced more than one-half of the
   59  commodity for which the service is performed.
   60         3. Subparagraphs 1. and 2. do not apply to service
   61  performed in connection with commercial canning or commercial
   62  freezing or in connection with any agricultural or horticultural
   63  commodity after its delivery to a terminal market for
   64  distribution for consumption or in connection with grading,
   65  packing, packaging, or processing fresh citrus fruits.
   66         (e) On a farm operated for profit if the service is not in
   67  the course of the employer’s trade or business.
   68         (4)(3) “American aircraft” means an aircraft registered
   69  under the laws of the United States.
   70         (5)(4) “American employer” means:
   71         (a) An individual who is a resident of the United States.
   72         (b) A partnership, if two-thirds or more of the partners
   73  are residents of the United States.
   74         (c) A trust, if each of the trustees is a resident of the
   75  United States.
   76         (d) A corporation organized under the laws of the United
   77  States or of any state.
   78         (6)(5) “American vessel” means a any vessel documented or
   79  numbered under the laws of the United States. The term includes
   80  a any vessel that is not neither documented or numbered under
   81  the laws of the United States or a, nor documented under the
   82  laws of any foreign country, if its crew is employed solely by
   83  one or more citizens or residents of the United States or
   84  corporations organized under the laws of the United States or of
   85  any state.
   86         (7)(6) “Available for work” means actively seeking and
   87  being ready and willing to accept suitable employment.
   88         (8)(7) “Base period” means the first four of the last five
   89  completed calendar quarters immediately preceding the first day
   90  of an individual’s benefit year.
   91         (9)(8) “Benefits” means the money payable to an individual,
   92  as provided in this chapter, for his or her unemployment.
   93         (10)(9) “Benefit year” means, for an individual, the 1-year
   94  period beginning with the first day of the first week for which
   95  the individual first files a valid claim for benefits and,
   96  thereafter, the 1-year period beginning with the first day of
   97  the first week for which the individual next files a valid claim
   98  for benefits after the termination of his or her last preceding
   99  benefit year. Each claim for benefits made in accordance with s.
  100  443.151(2) is a valid claim under this subsection if the
  101  individual was paid wages for insured work in accordance with s.
  102  443.091(1)(g) and is unemployed as defined in subsection (43) at
  103  the time of filing the claim. However, the agency for Workforce
  104  Innovation may adopt rules providing for the establishment of a
  105  uniform benefit year for all workers in one or more groups or
  106  classes of service or within a particular industry if the agency
  107  determines, after notice to the industry and to the workers in
  108  the industry and an opportunity to be heard in the matter, that
  109  those groups or classes of workers in a particular industry
  110  periodically experience unemployment resulting from layoffs or
  111  shutdowns for limited periods of time.
  112         (11)(10) “Calendar quarter” means each period of 3
  113  consecutive calendar months ending on March 31, June 30,
  114  September 30, and December 31 of each year.
  115         (12)(11) “Casual labor” means labor that is occasional,
  116  incidental, or irregular, not exceeding 200 person-hours in
  117  total duration. As used in this subsection, the term “duration”
  118  means the period of time from the commencement to the completion
  119  of the particular job or project. Services performed by an
  120  employee for an his or her employer during a period of 1
  121  calendar month or any 2 consecutive calendar months, however,
  122  are deemed to be casual labor only if the service is performed
  123  on 10 or fewer calendar days, regardless of whether those days
  124  are consecutive. If any of the services performed by an
  125  individual on a particular labor project are not casual labor,
  126  each of the services performed by the individual on that job or
  127  project may not be deemed casual labor. Services must constitute
  128  casual labor and may not be performed in the course of the
  129  employer’s trade or business in order for those services to be
  130  exempt under this section.
  131         (13)(12) “Commission” means the Unemployment Appeals
  132  Commission.
  133         (14)(13) “Contributing employer” means an employer who is
  134  liable for contributions under this chapter.
  135         (15)(14) “Contribution” means a payment of payroll tax to
  136  the Unemployment Compensation Trust Fund which is required under
  137  this chapter to finance unemployment benefits.
  138         (16)(15) “Crew leader” means an individual who:
  139         (a) Furnishes individuals to perform service in
  140  agricultural labor for another person.
  141         (b) Pays, either on his or her own behalf or on behalf of
  142  the other person, the individuals furnished by him or her for
  143  the service in agricultural labor performed by those
  144  individuals.
  145         (c) Has not entered into a written agreement with the other
  146  person under which the individual is designated as an employee
  147  of the other person.
  148         (17)(16) “Earned income” means gross remuneration derived
  149  from work, professional service, or self-employment. The term
  150  includes commissions, bonuses, back pay awards, and the cash
  151  value of all remuneration paid in a medium other than cash. The
  152  term does not include income derived from invested capital or
  153  ownership of property.
  154         (18)(17) “Educational institution” means an institution,
  155  except for an institution of higher education:
  156         (a) In which participants, trainees, or students are
  157  offered an organized course of study or training designed to
  158  transfer to them knowledge, skills, information, doctrines,
  159  attitudes, or abilities from, by, or under the guidance of, an
  160  instructor or teacher;
  161         (b) Which That is approved, licensed, or issued a permit to
  162  operate as a school by the Department of Education or other
  163  governmental agency that is authorized within the state to
  164  approve, license, or issue a permit for the operation of a
  165  school; and
  166         (c) Which That offers courses of study or training which
  167  are academic, technical, trade, or preparation for gainful
  168  employment in a recognized occupation.
  169         (19)(18) “Employee leasing company” means an employing unit
  170  that has a valid and active license under chapter 468, and that
  171  maintains the records required by s. 443.171(5), and produces,
  172  in addition, is responsible for producing quarterly reports
  173  concerning the clients and the internal staff of the employee
  174  leasing company and the internal staff of the employee leasing
  175  company. As used in this subsection, the term “client” means a
  176  party who has contracted with an employee leasing company that
  177  provides to provide a worker, or workers, to perform services
  178  for the client. Leased employees include employees subsequently
  179  placed on the payroll of the employee leasing company on behalf
  180  of the client. An employee leasing company must notify the tax
  181  collection service provider within 30 days after the initiation
  182  or termination of the company’s relationship with a any client
  183  company under chapter 468.
  184         (20)(19) “Employer” means an employing unit subject to this
  185  chapter under s. 443.1215.
  186         (21)(20) “Employing unit” means an individual; an or type
  187  of organization, including a partnership, limited liability
  188  company, association, trust, estate, joint-stock company,
  189  insurance company, or corporation, whether domestic or foreign;
  190  the receiver, trustee in bankruptcy, trustee, or successor of
  191  any of the foregoing; or the legal representative of a deceased
  192  person, who which has or had in his or her its employ one or
  193  more individuals performing services for it within this state.
  194         (a) Each individual employed to perform or to assist in
  195  performing the work of any agent or employee of an employing
  196  unit is deemed to be employed by the employing unit for the
  197  purposes of this chapter, regardless of whether the individual
  198  was hired or paid directly by the employing unit or by an agent
  199  or employee of the employing unit, if the employing unit had
  200  actual or constructive knowledge of the work.
  201         (b) Each individual performing services in this state for
  202  an employing unit maintaining at least two separate
  203  establishments in this state is deemed to be performing services
  204  for a single employing unit for the purposes of this chapter.
  205         (c) A person who is an officer of a corporation, or a
  206  member of a limited liability company classified as a
  207  corporation for federal income tax purposes, and who performs
  208  services for the corporation or limited liability company in
  209  this state, regardless of whether those services are continuous,
  210  is deemed an employee of the corporation or the limited
  211  liability company during all of each week of his or her tenure
  212  of office, regardless of whether he or she is compensated for
  213  those services. Services are presumed to be rendered for the
  214  corporation if in cases in which the officer is compensated by
  215  means other than dividends upon shares of stock of the
  216  corporation owned by him or her.
  217         (d) A limited liability company shall be treated as having
  218  the same status as it is classified for federal income tax
  219  purposes. However, a single-member limited liability company
  220  shall be treated as the employer.
  221         (22)(21) “Employment” means a service subject to this
  222  chapter under s. 443.1216 which is performed by an employee for
  223  his or her employer the person employing him or her.
  224         (23)(22) “Farm” includes stock, dairy, poultry, fruit, fur
  225  bearing animal, and truck farms, plantations, ranches,
  226  nurseries, ranges, greenhouses or other similar structures used
  227  primarily for the raising of agricultural or horticultural
  228  commodities, and orchards.
  229         (24)(23) “Fund” means the Unemployment Compensation Trust
  230  Fund created under this chapter, into which all contributions
  231  and reimbursements required under this chapter are deposited and
  232  from which all benefits provided under this chapter are paid.
  233         (25)(24) “High quarter” means the quarter in an
  234  individual’s base period in which the individual has the
  235  greatest amount of wages paid, regardless of the number of
  236  employers paying wages in that quarter.
  237         (26)(25) “Hospital” means an establishment institution that
  238  is licensed as a hospital under chapter 395, certified, or
  239  approved by the Agency for Health Care Administration as a
  240  hospital.
  241         (27)(26) “Institution of higher education” means an
  242  educational institution that:
  243         (a) Admits as regular students only individuals having a
  244  certificate of graduation from a high school, or the recognized
  245  equivalent of a certificate of graduation;
  246         (b) Is legally authorized in this state to provide a
  247  program of education beyond high school;
  248         (c) Provides an educational program that for which it
  249  awards a bachelor’s or higher degree, or provides a program that
  250  is acceptable for full credit toward a bachelor’s or higher
  251  degree; a program of postgraduate or postdoctoral studies; or a
  252  program of training to prepare students for gainful employment
  253  in a recognized occupation; and
  254         (d) Is a public or other nonprofit institution.
  255  
  256  The term includes each community college and state university in
  257  this state, and any each other institution in this state
  258  authorized under s. 1005.03 to use the designation “college” or
  259  “university.under s. 1005.03.
  260         (28)(27) “Insured work” means employment for employers.
  261         (29)(28) “Leave of absence” means a temporary break in
  262  service to an employer, for a specified period of time, during
  263  which the employing unit guarantees the same or a comparable
  264  position to the worker at the expiration of the leave.
  265         (30)“Member of the individual’s immediate familymeans an
  266  individual’s spouse, parent, or minor child.
  267         (31)(29) “Misconduct” includes, but is not limited to, the
  268  following, which may not be construed in pari materia with each
  269  other:
  270         (a) Conduct demonstrating willful or wanton disregard of an
  271  employer’s interests and found to be a deliberate violation or
  272  disregard of the standards of behavior which the employer has a
  273  right to expect of his or her employee; or
  274         (b) Carelessness or negligence to a degree or recurrence
  275  that manifests culpability, wrongful intent, or evil design or
  276  shows an intentional and substantial disregard of the employer’s
  277  interests or of the employee’s duties and obligations to his or
  278  her employer.
  279         (32)(30) “Monetary determination” means a determination of
  280  whether and in what amount a claimant is eligible for benefits
  281  based on the claimant’s employment during the base period of the
  282  claim.
  283         (33)(31) “Nonmonetary determination” means a determination
  284  of the claimant’s eligibility for benefits based on an issue
  285  other than monetary entitlement and benefit overpayment.
  286         (34)(32) “Not in the course of the employer’s trade or
  287  business” means not promoting or advancing the trade or business
  288  of the employer.
  289         (35)(33) “One-stop career center” means a service site
  290  established and maintained as part of the one-stop delivery
  291  system under s. 445.009.
  292         (36)(34) “Pay period” means a period of 31 or fewer
  293  consecutive days for which a payment or remuneration is
  294  ordinarily made to the employee by the person employing him or
  295  her.
  296         (37)(35) “Public employer” means:
  297         (a) A state agency or political subdivision of the state;
  298         (b) An instrumentality that is wholly owned by one or more
  299  state agencies or political subdivisions of the state; or
  300         (c) An instrumentality that is wholly owned by one or more
  301  state agencies, political subdivisions, or instrumentalities of
  302  the state and one or more state agencies or political
  303  subdivisions of one or more other states.
  304         (38)(36) “Reasonable assurance” means a written or verbal
  305  agreement, an agreement between an employer and a worker
  306  understood through tradition within the trade or occupation, or
  307  an agreement defined in an employer’s policy.
  308         (39)(37) “Reimbursement” means a payment of money to the
  309  Unemployment Compensation Trust Fund in lieu of a contribution
  310  which is required under this chapter to finance unemployment
  311  benefits.
  312         (40)(38) “Reimbursing employer” means an employer who is
  313  liable for reimbursements in lieu of contributions made under
  314  this chapter.
  315         (41)(39) “State” includes the states of the United States,
  316  the District of Columbia, Canada, the Commonwealth of Puerto
  317  Rico, and the Virgin Islands.
  318         (42)(40) “State law” means the unemployment insurance law
  319  of any state, approved by the United States Secretary of Labor
  320  under s. 3304 of the Internal Revenue Code of 1954.
  321         (43)(41) “Tax collection service provider” or “service
  322  provider” means the state agency providing unemployment tax
  323  collection services under contract with the agency for Workforce
  324  Innovation through an interagency agreement pursuant to s.
  325  443.1316.
  326         (44)(42) “Temporary layoff” means a job separation due to
  327  lack of work which does not exceed 8 consecutive weeks and which
  328  has a fixed or approximate return-to-work date.
  329         (45)(43) “Unemployment” or “unemployed” means:
  330         (a) An individual is “totally unemployed” in any week
  331  during which he or she does not perform any services and for
  332  which earned income is not payable to him or her. An individual
  333  is “partially unemployed” in any week of less than full-time
  334  work if the earned income payable to him or her for that week is
  335  less than his or her weekly benefit amount. The agency for
  336  Workforce Innovation may adopt rules prescribing distinctions in
  337  the procedures for unemployed individuals based on total
  338  unemployment, part-time unemployment, partial unemployment of
  339  individuals attached to their regular jobs, and other forms of
  340  short-time work.
  341         (b) An individual’s week of unemployment commences only
  342  after his or her registration with the agency for Workforce
  343  Innovation as required in s. 443.091, except as the agency may
  344  otherwise prescribe by rule.
  345         (46)(44) “Wages” means remuneration subject to this chapter
  346  under s. 443.1217.
  347         (47)(45) “Week” means a period of 7 consecutive days as
  348  defined in agency the rules of the Agency for Workforce
  349  Innovation. The agency for Workforce Innovation may by rule
  350  prescribe that a week is deemed to be “in,” “within,” or
  351  “during” the benefit year that contains the greater part of the
  352  week.
  353         Section 2. Paragraphs (a) through (d) of subsection (1) of
  354  section 443.091, Florida Statutes, are amended to read:
  355         443.091 Benefit eligibility conditions.—
  356         (1) An unemployed individual is eligible to receive
  357  benefits for any week only if the Agency for Workforce
  358  Innovation finds that:
  359         (a) She or he has made a claim for benefits for that week
  360  in accordance with the rules adopted by the agency for Workforce
  361  Innovation.
  362         (b) She or he has registered with the agency for work and
  363  subsequently reports to the one-stop career center as directed
  364  by the regional workforce board for reemployment services. This
  365  requirement does not apply to persons who are:
  366         1. Non-Florida residents;
  367         2. On a temporary layoff, as defined in s. 443.036(42);
  368         3. Union members who customarily obtain employment through
  369  a union hiring hall; or
  370         4. Claiming benefits under an approved short-time
  371  compensation plan as provided in s. 443.1116.
  372         (c) To make continued claims for benefits, she or he is
  373  reporting to the agency in accordance with its rules. These
  374  rules may not conflict with s. 443.111(1)(b), including the
  375  requirement that each claimant continue to report regardless of
  376  any pending appeal relating to her or his eligibility or
  377  disqualification for benefits.
  378         (d) She or he is able to work and is available for work. In
  379  order to assess eligibility for a claimed week of unemployment,
  380  the agency shall develop criteria to determine a claimant’s
  381  ability to work and availability for work. However:
  382         1. Notwithstanding any provision of this paragraph, an
  383  otherwise eligible individual may not be found ineligible for
  384  benefits solely because he or she is available for only part
  385  time work. As used in this subparagraph, the term “available for
  386  only part-time work” means that the individual is available for
  387  the number of weekly hours that are comparable to the number of
  388  hours the individual worked during the majority of the base
  389  period.
  390         2.1. Notwithstanding any other provision of this paragraph
  391  or paragraphs (b) and (e), an otherwise eligible individual may
  392  not be denied benefits for any week because she or he is in
  393  training with the approval of the agency, or by reason of s.
  394  443.101(2) relating to failure to apply for, or refusal to
  395  accept, suitable work. Training may be approved by the agency in
  396  accordance with criteria prescribed by rule. A claimant’s
  397  eligibility during approved training is contingent upon
  398  satisfying eligibility conditions prescribed by rule.
  399         3.2. Notwithstanding any other provision of this chapter,
  400  an otherwise eligible individual who is in training approved
  401  under s. 236(a)(1) of the Trade Act of 1974, as amended, may not
  402  be determined ineligible or disqualified for benefits due to her
  403  or his enrollment in such training or because of leaving work
  404  that is not suitable employment to enter such training. As used
  405  in this subparagraph, the term “suitable employment” means work
  406  of a substantially equal or higher skill level than the worker’s
  407  past adversely affected employment, as defined for purposes of
  408  the Trade Act of 1974, as amended, the wages for which are at
  409  least 80 percent of the worker’s average weekly wage as
  410  determined for purposes of the Trade Act of 1974, as amended.
  411         4.3. Notwithstanding any other provision of this section,
  412  an otherwise eligible individual may not be denied benefits for
  413  any week because she or he is before any state or federal court
  414  pursuant to a lawfully issued summons to appear for jury duty.
  415         Section 3. Paragraph (a) of subsection (1) and paragraph
  416  (a) of subsection (2) of section 443.101, Florida Statutes, are
  417  amended to read:
  418         443.101 Disqualification for benefits.—An individual shall
  419  be disqualified for benefits:
  420         (1)(a) For the week in which he or she has voluntarily left
  421  work without good cause attributable to his or her employing
  422  unit or in which the individual has been discharged by the
  423  employing unit for misconduct connected with his or her work,
  424  based on a finding by the agency for Workforce Innovation. As
  425  used in this paragraph, the term “work” means any work, whether
  426  full-time, part-time, or temporary.
  427         1. Disqualification for voluntarily quitting continues for
  428  the full period of unemployment next ensuing after the
  429  individual has left his or her full-time, part-time, or
  430  temporary work voluntarily without good cause and until the
  431  individual has earned income equal to or greater than in excess
  432  of 17 times his or her weekly benefit amount. As used in this
  433  subsection, the term “good cause” includes only that cause
  434  attributable to the employing unit or which consists of the
  435  individual’s illness or disability requiring separation from his
  436  or her work. Any other disqualification may not be imposed. An
  437  individual is not disqualified under this subsection for
  438  voluntarily leaving temporary work to return immediately when
  439  called to work by the permanent employing unit that temporarily
  440  terminated his or her work within the previous 6 calendar
  441  months, or. An individual is not disqualified under this
  442  subsection for voluntarily leaving work to relocate as a result
  443  of his or her military-connected spouse’s permanent change of
  444  station orders, activation orders, or unit deployment orders.
  445         2. Disqualification for being discharged for misconduct
  446  connected with his or her work continues for the full period of
  447  unemployment next ensuing after having been discharged and until
  448  the individual is reemployed and has earned income of at least
  449  17 times his or her weekly benefit amount and for not more than
  450  52 weeks that immediately follow that week, as determined by the
  451  agency in each case according to the circumstances in each case
  452  or the seriousness of the misconduct, under the agency’s rules
  453  for determining adopted for determinations of disqualification
  454  for benefits for misconduct.
  455         3. If an individual has provided notification to the
  456  employing unit of his or her intent to voluntarily leave work
  457  and the employing unit discharges the individual for reasons
  458  other than misconduct before the date the voluntary quit was to
  459  take effect, the individual, if otherwise entitled, shall
  460  receive benefits from the date of the employer’s discharge until
  461  the effective date of his or her voluntary quit.
  462         4. If an individual is notified by the employing unit of
  463  the employer’s intent to discharge the individual for reasons
  464  other than misconduct and the individual quits without good
  465  cause, as defined in this section, before the date the discharge
  466  was to take effect, the claimant is ineligible for benefits
  467  pursuant to s. 443.091(1)(d) for failing to be available for
  468  work for the week or weeks of unemployment occurring before the
  469  effective date of the discharge.
  470         5.As used in this paragraph, the term “good cause” means:
  471         a.Cause attributable to the employing unit or an illness
  472  or disability that requires separation from work;
  473         b.Domestic violence, as defined in s. 741.28, and verified
  474  by reasonable and confidential documentation that causes the
  475  individual to reasonably believe that continued employment will
  476  jeopardize the individual’s safety and the safety of a member of
  477  his or her immediate family;
  478         c.Illness or disability of a member of the individual’s
  479  immediate family; or
  480         d.The individual’s need to accompany her or his spouse if
  481  the spouse’s relocation resulted from a change in the spouse’s
  482  employment and the relocation makes it impractical for the
  483  individual to commute to her or his workplace.
  484         (2) If the Agency for Workforce Innovation finds that the
  485  individual has failed without good cause to apply for available
  486  suitable work when directed by the agency or the one-stop career
  487  center, to accept suitable work when offered to him or her, or
  488  to return to the individual’s customary self-employment when
  489  directed by the agency, the disqualification continues for the
  490  full period of unemployment next ensuing after he or she failed
  491  without good cause to apply for available suitable work, to
  492  accept suitable work, or to return to his or her customary self
  493  employment, under this subsection, and until the individual has
  494  earned income at least 17 times his or her weekly benefit
  495  amount. The Agency for Workforce Innovation shall by rule adopt
  496  criteria for determining the “suitability of work,” as used in
  497  this section. The Agency for Workforce Innovation in developing
  498  these rules shall consider the duration of a claimant’s
  499  unemployment in determining the suitability of work and the
  500  suitability of proposed rates of compensation for available
  501  work. Further, after an individual has received 25 weeks of
  502  benefits in a single year, suitable work is a job that pays the
  503  minimum wage and is 120 percent or more of the weekly benefit
  504  amount the individual is drawing.
  505         (a) In determining whether or not any work is suitable for
  506  an individual, the agency for Workforce Innovation shall
  507  consider the degree of risk involved to his or her health,
  508  safety, and morals; the individual’s his or her physical
  509  fitness, and prior training,; the individual’s experience, and
  510  prior earnings,; his or her length of unemployment, and
  511  prospects for securing local work in his or her customary
  512  occupation; and the distance of the available work from his or
  513  her residence. An unemployed individual may not be disqualified
  514  for benefits solely because he or she is available for only
  515  part-time work. As used in this paragraph, the term “available
  516  for part-time work” means that the individual is available for
  517  the number of weekly hours that are comparable to the number of
  518  hours the individual worked during the majority of the base
  519  period.
  520         Section 4. Paragraph (a) of subsection (1) and paragraph
  521  (f) of subsection (13) of section 443.1216, Florida Statutes,
  522  are amended to read:
  523         443.1216 Employment.—Employment, as defined in s. 443.036,
  524  is subject to this chapter under the following conditions:
  525         (1)(a) The employment subject to this chapter includes a
  526  service performed, including a service performed in interstate
  527  commerce, by:
  528         1. An officer of a corporation.
  529         2. An individual who, under the usual common-law rules
  530  applicable for in determining the employer-employee
  531  relationship, is an employee. However, if whenever a client who,
  532  as defined in s. 443.036(18), which would otherwise be
  533  designated as an employing unit has contracted with an employee
  534  leasing company to supply it with workers, those workers are
  535  considered employees of the employee leasing company. An
  536  employee leasing company may lease corporate officers of the
  537  client to the client and other workers to the client, except as
  538  prohibited by regulations of the Internal Revenue Service.
  539  Employees of an employee leasing company must be reported under
  540  the employee leasing company’s tax identification number and
  541  contribution rate for work performed for the employee leasing
  542  company.
  543         a. In addition to any other report required to be filed by
  544  law, an employee leasing company shall submit a report to the
  545  Labor Market Statistics Center within the agency for Workforce
  546  Innovation which includes each client establishment and each
  547  establishment of the employee leasing company, or as otherwise
  548  directed by the agency. The report must include the following
  549  information for each establishment:
  550         (I) The trade or establishment name;
  551         (II) The former unemployment compensation account number,
  552  if available;
  553         (III) The former federal employer’s identification number
  554  (FEIN), if available;
  555         (IV) The industry code recognized and published by the
  556  United States Office of Management and Budget, if available;
  557         (V) A description of the client’s primary business activity
  558  in order to verify or assign an industry code;
  559         (VI) The address of the physical location;
  560         (VII) The number of full-time and part-time employees who
  561  worked during, or received pay that was subject to unemployment
  562  compensation taxes for, the pay period including the 12th of the
  563  month for each month of the quarter;
  564         (VIII) The total wages subject to unemployment compensation
  565  taxes paid during the calendar quarter;
  566         (IX) An internal identification code to uniquely identify
  567  each establishment of each client;
  568         (X) The month and year that the client entered into the
  569  contract for services; and
  570         (XI) The month and year that the client terminated the
  571  contract for services.
  572         b. The report shall be submitted electronically or as in a
  573  manner otherwise prescribed by the agency and for Workforce
  574  Innovation in the format specified by the Bureau of Labor
  575  Statistics of the United States Department of Labor for its
  576  Multiple Worksite Report for Professional Employer
  577  Organizations. The report must be provided quarterly to the
  578  Labor Market Statistics Center within the agency for Workforce
  579  Innovation, or as otherwise directed by the agency, and must be
  580  filed by the last day of the month immediately following the end
  581  of the calendar quarter. The information required in sub-sub
  582  subparagraphs a.(X) and (XI) need be provided only in the
  583  quarter in which the contract to which it relates was entered
  584  into or terminated. The sum of the employment data and the sum
  585  of the wage data in the this report must match the employment
  586  and wages reported in the unemployment compensation quarterly
  587  tax and wage report. A report is not required for any calendar
  588  quarter preceding the third calendar quarter of 2010.
  589         c. The agency for Workforce Innovation shall adopt rules as
  590  necessary to administer this subparagraph, and may administer,
  591  collect, enforce, and waive the penalty imposed by s.
  592  443.141(1)(b) for the report required by this subparagraph.
  593         d. For the purposes of this subparagraph, the term
  594  “establishment” means any location where business is conducted
  595  or where services or industrial operations are performed.
  596         3. An individual other than an individual who is an
  597  employee under subparagraph 1. or subparagraph 2., who performs
  598  services for remuneration for any person:
  599         a. As an agent-driver or commission-driver engaged in
  600  distributing meat products, vegetable products, fruit products,
  601  bakery products, beverages other than milk, or laundry or
  602  drycleaning services for his or her principal.
  603         b. As a traveling or city salesperson engaged on a full
  604  time basis in the solicitation on behalf of, and the
  605  transmission to, his or her principal of orders from
  606  wholesalers, retailers, contractors, or operators of hotels,
  607  restaurants, or other similar establishments for merchandise for
  608  resale or supplies for use in their business operations. This
  609  sub-subparagraph does not apply to an agent-driver, or a
  610  commission-driver, or and does not apply to sideline sales
  611  activities performed on behalf of a person other than the
  612  salesperson’s principal.
  613         4. The services described in subparagraph 3. are employment
  614  subject to this chapter only if:
  615         a. The contract of service contemplates that substantially
  616  all of the services are to be performed personally by the
  617  individual;
  618         b. The individual does not have a substantial investment in
  619  facilities used in connection with the services, other than
  620  facilities used for transportation; and
  621         c. The services are not in the nature of a single
  622  transaction that is not part of a continuing relationship with
  623  the person for whom the services are performed.
  624         (13) The following are exempt from coverage under this
  625  chapter:
  626         (f) Service performed in the employ of a public employer as
  627  defined in s. 443.036, except as provided in subsection (2), and
  628  service performed in the employ of an instrumentality of a
  629  public employer as described in s. 443.036(37)(b) or (c) s.
  630  443.036(35)(b) or (c), to the extent that the instrumentality is
  631  immune under the United States Constitution from the tax imposed
  632  by s. 3301 of the Internal Revenue Code for that service.
  633         Section 5. Paragraph (f) of subsection (3) of section
  634  443.131, Florida Statutes, is amended to read:
  635         443.131 Contributions.—
  636         (3) VARIATION OF CONTRIBUTION RATES BASED ON BENEFIT
  637  EXPERIENCE.—
  638         (f) Transfer of employment records.—
  639         1. For the purposes of this subsection, two or more
  640  employers who are parties to a transfer of business or the
  641  subject of a merger, consolidation, or other form of
  642  reorganization, effecting a change in legal identity or form,
  643  are deemed a single employer and are considered to be one
  644  employer with a continuous employment record if the tax
  645  collection service provider finds that the successor employer
  646  continues to carry on the employing enterprises of all of the
  647  predecessor employers, and that the successor employer has paid
  648  all contributions required of and due from all of the
  649  predecessor employers, and has assumed liability for all
  650  contributions that may become due from all of the predecessor
  651  employers. In addition, An employer may not be considered a
  652  successor under this subparagraph if the employer purchases a
  653  company with a lower rate into which employees with job
  654  functions unrelated to the business endeavors of the predecessor
  655  are transferred for the purpose of acquiring the low rate and
  656  avoiding payment of contributions. As used in this paragraph,
  657  Notwithstanding s. 443.036(15) s. 443.036(14), the term
  658  “contributions,as used in this paragraph, means all
  659  indebtedness to the tax collection service provider, including,
  660  but not limited to, interest, penalty, collection fee, and
  661  service fee.
  662         2. A successor employer must accept the transfer of all of
  663  the predecessor employers’ employment records within 30 days
  664  after the date of the official notification of liability by
  665  succession. If a predecessor employer has unpaid contributions
  666  or outstanding quarterly reports, the successor employer must
  667  pay the total amount with certified funds within 30 days after
  668  the date of the notice listing the total amount due. After the
  669  total indebtedness is paid, the tax collection service provider
  670  shall transfer the employment records of all of the predecessor
  671  employers to the successor employer’s employment record. The tax
  672  collection service provider shall determine the contribution
  673  rate of the combined successor and predecessor employers upon
  674  the transfer of the employment records, as prescribed by rule,
  675  in order to calculate any change in the contribution rate
  676  resulting from the transfer of the employment records.
  677         3.2. Regardless of whether a predecessor employer’s
  678  employment record is transferred to a successor employer under
  679  this paragraph, the tax collection service provider shall treat
  680  the predecessor employer, if he or she subsequently employs
  681  individuals, as an employer without a previous employment record
  682  or, if his or her coverage is terminated under s. 443.121, as a
  683  new employing unit.
  684         4.3. The state agency providing unemployment tax collection
  685  services may adopt rules governing the partial transfer of
  686  experience rating when an employer transfers an identifiable and
  687  segregable portion of his or her payrolls and business to a
  688  successor employing unit. As a condition of each partial
  689  transfer, these rules must require the following to be filed
  690  with the tax collection service provider: an application by the
  691  successor employing unit, an agreement by the predecessor
  692  employer, and the evidence required by the tax collection
  693  service provider to show the benefit experience and payrolls
  694  attributable to the transferred portion through the date of the
  695  transfer. These rules must provide that the successor employing
  696  unit, if not an employer subject to this chapter, becomes an
  697  employer as of the date of the transfer and that the transferred
  698  portion of the predecessor employer’s employment record is
  699  removed from the employment record of the predecessor employer.
  700  For each calendar year after the date of the transfer of the
  701  employment record in the records of the tax collection service
  702  provider, the service provider shall compute the contribution
  703  rate payable by the successor employer or employing unit based
  704  on his or her employment record, combined with the transferred
  705  portion of the predecessor employer’s employment record. These
  706  rules may also prescribe what contribution rates are payable by
  707  the predecessor and successor employers for the period between
  708  the date of the transfer of the transferred portion of the
  709  predecessor employer’s employment record in the records of the
  710  tax collection service provider and the first day of the next
  711  calendar year.
  712         5.4. This paragraph does not apply to an employee leasing
  713  company and client contractual agreement as defined in s.
  714  443.036. The tax collection service provider shall, if the
  715  contractual agreement is terminated or the employee leasing
  716  company fails to submit reports or pay contributions as required
  717  by the service provider, treat the client as a new employer
  718  without previous employment record unless the client is
  719  otherwise eligible for a variation from the standard rate.
  720         Section 6. This act shall take effect July 1, 2011.

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