Bill Text: FL S1552 | 2011 | Regular Session | Introduced
Bill Title: Unemployment Compensation
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S1552 Detail]
Download: Florida-2011-S1552-Introduced.html
Florida Senate - 2011 SB 1552 By Senator Lynn 7-01116A-11 20111552__ 1 A bill to be entitled 2 An act relating to unemployment compensation; amending 3 s. 443.036, F.S.; defining the terms “community 4 service” and “reemployment services”; amending s. 5 443.091, F.S.; providing that an unemployed individual 6 is eligible to receive benefits if he or she 7 participates in a community service program 8 administered by a regional workforce board; 9 authorizing the Agency for Workforce Innovation to 10 adopt rules; conforming a cross-reference; amending s. 11 443.1216, F.S.; providing that community services are 12 not covered by unemployment compensation; conforming 13 cross-references; amending s. 443.131, F.S.; 14 conforming cross-references; providing an effective 15 date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Present subsections (13) through (36) of section 20 443.036, Florida Statutes, are renumbered as subsections (14) 21 through (37), respectively, present subsections (37) through 22 (45) of that section are renumbered as subsections (39) through 23 (47), respectively, and new subsections (13) and (38) are added 24 to that section, to read: 25 443.036 Definitions.—As used in this chapter, the term: 26 (13) “Community service” means any program operated by a 27 regional workforce board in which claimants volunteer to perform 28 services for private nonprofit or public entities. 29 (38) “Reemployment services” means job search assistance 30 services, which include, but are not limited to, job referral 31 and placement assistance; development of an employability 32 development plan; provision of labor market information; 33 assessment of skill levels, abilities, and aptitudes; career 34 guidance when appropriate; job search workshops such as resume 35 writing and interviewing classes; and referral to training as 36 required. 37 Section 2. Paragraphs (b) and (d) of subsection (1) of 38 section 443.091, Florida Statutes, are amended to read: 39 443.091 Benefit eligibility conditions.— 40 (1) An unemployed individual is eligible to receive 41 benefits for any week only if the Agency for Workforce 42 Innovation finds that: 43 (b) She or he has registered with the agency for work and 44 subsequently reports to the one-stop career center as directed 45 by the regional workforce board for reemployment services. This 46 requirement does not apply to persons who are: 47 1. Non-Florida residents; 48 2. On a temporary layoff, as defined in s.443.036(42); 49 3. Union members who customarily obtain employment through 50 a union hiring hall; or 51 4. Claiming benefits under an approved short-time 52 compensation plan as provided in s. 443.1116. 53 (d) She or he is able to work and is available for work. In 54 order to assess eligibility for a claimed week of unemployment, 55 the agency shall develop criteria to determine a claimant’s 56 ability to work and availability for work. However: 57 1. Notwithstanding any other provision of this paragraph or 58 paragraphs (b) and (e), an otherwise eligible individual may not 59 be denied benefits for any week because she or he is in training 60 with the approval of the agency, or by reason of s. 443.101(2) 61 relating to failure to apply for, or refusal to accept, suitable 62 work. Training may be approved by the agency in accordance with 63 criteria prescribed by rule. A claimant’s eligibility during 64 approved training is contingent upon satisfying eligibility 65 conditions prescribed by rule. 66 2. Notwithstanding any other provision of this chapter, an 67 otherwise eligible individual who is in training approved under 68 s. 236(a)(1) of the Trade Act of 1974, as amended, may not be 69 determined ineligible or disqualified for benefits due to her or 70 his enrollment in such training or because of leaving work that 71 is not suitable employment to enter such training. As used in 72 this subparagraph, the term “suitable employment” means work of 73 a substantially equal or higher skill level than the worker’s 74 past adversely affected employment, as defined for purposes of 75 the Trade Act of 1974, as amended, the wages for which are at 76 least 80 percent of the worker’s average weekly wage as 77 determined for purposes of the Trade Act of 1974, as amended. 78 3. Notwithstanding any other provision of this section, an 79 otherwise eligible individual may not be denied benefits for any 80 week because she or he is before any state or federal court 81 pursuant to a lawfully issued summons to appear for jury duty. 82 4. Notwithstanding any other provision of this section, an 83 otherwise eligible individual may not be denied benefits for any 84 week because she or he is participating in a community service 85 program administered by a regional workforce board during a 86 period of elevated unemployment that begins after July 2, 2011. 87 a. For the purposes of this subparagraph, a period of 88 elevated unemployment: 89 (I) Begins with the first day of the week following the 8th 90 consecutive week during which the average total unemployment 91 rate, as determined by the United States Secretary of Labor, 92 equals or exceeds 9 percent; and 93 (II) Ends with the first day of the week following the 8th 94 consecutive week that the average total unemployment rate is 95 less than 9 percent. 96 b. The community service performed by a claimant may not 97 exceed 20 hours per week. 98 c. A participant in a community service program under this 99 paragraph shall be deemed an employee of the state for purposes 100 of workers’ compensation coverage. In determining the average 101 weekly wage, any remuneration the participant may receive in 102 connection with the community service is considered a gratuity 103 and the participant is not entitled to any benefits otherwise 104 payable under s. 440.15, regardless of whether the participant 105 is receiving wages and remuneration from other employment with 106 another employer and regardless of his or her future wage 107 earning capacity. 108 5. The agency may adopt rules as necessary to administer 109 this paragraph. 110 Section 3. Paragraph (a) of subsection (1) and paragraph 111 (f) of subsection (13) of section 443.1216, Florida Statutes, 112 are amended, and paragraph (z) is added to subsection (13) of 113 that section, to read: 114 443.1216 Employment.—Employment, as defined in s. 443.036, 115 is subject to this chapter under the following conditions: 116 (1)(a) The employmentsubject to this chapterincludes a 117 service performed, including a service performed in interstate 118 commerce, by: 119 1. An officer of a corporation. 120 2. An individual who, under the usual common-law rules 121 applicable forindetermining the employer-employee 122 relationship, is an employee. However, ifwhenevera client who,123as defined in s.443.036(18), whichwould otherwise be 124 designated as an employing unit has contracted with an employee 125 leasing company to supply it with workers, those workers are 126 considered employees of the employee leasing company. An 127 employee leasing company may lease corporate officers of the 128 client to the client and other workers to the client, except as 129 prohibited by regulations of the Internal Revenue Service. 130 Employees of an employee leasing company must be reported under 131 the employee leasing company’s tax identification number and 132 contribution rate for work performed for the employee leasing 133 company. 134 a. In addition to any other report required to be filed by 135 law, an employee leasing company shall submit a report to the 136 Labor Market Statistics Center within the Agency for Workforce 137 Innovation which includes each client establishment and each 138 establishment of the employee leasing company, or as otherwise 139 directed by the agency. The report must include the following 140 information for each establishment: 141 (I) The trade or establishment name; 142 (II) The former unemployment compensation account number, 143 if available; 144 (III) The former federal employer’s identification number 145 (FEIN), if available; 146 (IV) The industry code recognized and published by the 147 United States Office of Management and Budget, if available; 148 (V) A description of the client’s primary business activity 149 in order to verify or assign an industry code; 150 (VI) The address of the physical location; 151 (VII) The number of full-time and part-time employees who 152 worked during, or received pay that was subject to unemployment 153 compensation taxes for, the pay period including the 12th of the 154 month for each month of the quarter; 155 (VIII) The total wages subject to unemployment compensation 156 taxes paid during the calendar quarter; 157 (IX) An internal identification code to uniquely identify 158 each establishment of each client; 159 (X) The month and year that the client entered into the 160 contract for services; and 161 (XI) The month and year that the client terminated the 162 contract for services. 163 b. The report shall be submitted electronically or asin a164mannerotherwise prescribed by the Agency for Workforce 165 Innovation and in the format specified by the Bureau of Labor 166 Statistics of the United States Department of Labor for its 167 Multiple Worksite Report for Professional Employer 168 Organizations. The report must be provided quarterly to the 169 Labor Market Statistics Center within the Agency for Workforce 170 Innovation, or as otherwise directed by the agency, and must be 171 filed by the last day of the month immediately following the end 172 of the calendar quarter. The information required in sub-sub 173 subparagraphs a.(X) and (XI) need be provided only in the 174 quarter in which the contract to which it relates was entered 175 into or terminated. The sum of the employment data and the sum 176 of the wage data in thethisreport must match the employment 177 and wages reported in the unemployment compensation quarterly 178 tax and wage report. A report is not required for any calendar 179 quarter preceding the third calendar quarter of 2010. 180 c. The Agency for Workforce Innovation shall adopt rules as 181 necessary to administer this subparagraph, and may administer, 182 collect, enforce, and waive the penalty imposed by s. 183 443.141(1)(b) for the report required by this subparagraph. 184 d. For the purposes of this subparagraph, the term 185 “establishment” means any location where business is conducted 186 or where services or industrial operations are performed. 187 3. An individual other than an individual who is an 188 employee under subparagraph 1. or subparagraph 2., who performs 189 services for remuneration for any person: 190 a. As an agent-driver or commission-driver engaged in 191 distributing meat products, vegetable products, fruit products, 192 bakery products, beverages other than milk, or laundry or 193 drycleaning services for his or her principal. 194 b. As a traveling or city salesperson engaged on a full 195 time basis in the solicitation on behalf of, and the 196 transmission to, his or her principal of orders from 197 wholesalers, retailers, contractors, or operators of hotels, 198 restaurants, or other similar establishments for merchandise for 199 resale or supplies for use in their business operations. This 200 sub-subparagraph does not apply to an agent-driver,ora 201 commission-driver, orand does not applytosideline sales 202 activities performed on behalf of a person other than the 203 salesperson’s principal. 204 4. The services described in subparagraph 3. are employment 205 subject to this chapter only if: 206 a. The contract of service contemplates that substantially 207 all of the services are to be performed personally by the 208 individual; 209 b. The individual does not have a substantial investment in 210 facilities used in connection with the services, other than 211 facilities used for transportation; and 212 c. The services are not in the nature of a single 213 transaction that is not part of a continuing relationship with 214 the person for whom the services are performed. 215 (13) The following are exempt from coverage under this 216 chapter: 217 (f) Service performed in the employ of a public employeras218defined in s.443.036, except as provided in subsection (2), and 219 service performed in the employ of an instrumentality of a 220 public employer as described in s. 443.036(36)(b) or (c)s.221443.036(35)(b) or (c), to the extent that the instrumentality is 222 immune under the United States Constitution from the tax imposed 223 by s. 3301 of the Internal Revenue Code for that service. 224 (z) Service performed as part of a community service 225 program under s. 443.091(1)(d)4. 226 Section 4. Paragraph (f) of subsection (3) of section 227 443.131, Florida Statutes, is amended to read: 228 443.131 Contributions.— 229 (3) VARIATION OF CONTRIBUTION RATES BASED ON BENEFIT 230 EXPERIENCE.— 231 (f) Transfer of employment records.— 232 1. For the purposes of this subsection, two or more 233 employers who are parties to a transfer of business or the 234 subject of a merger, consolidation, or other form of 235 reorganization, effecting a change in legal identity or form, 236 are deemed a single employer and are considered to be one 237 employer with a continuous employment record if the tax 238 collection service provider finds that the successor employer 239 continues to carry on the employing enterprises of all of the 240 predecessor employers,and that the successor employerhas paid 241 all contributions required of and due from all of the 242 predecessor employers, and has assumed liability for all 243 contributions that may become due from all of the predecessor 244 employers.In addition,An employer may not be considered a 245 successor under this subparagraph if the employer purchases a 246 company with a lower rate into which employees with job 247 functions unrelated to the business endeavors of the predecessor 248 are transferred for the purpose of acquiring the low rate and 249 avoiding payment of contributions.As used in this paragraph,250 Notwithstanding s. 443.036(15)s.443.036(14), the term 251 “contributions,” as used in this paragraph, means all 252 indebtedness to the tax collection service provider, including, 253 but not limited to, interest, penalty, collection fee, and 254 service fee. 255 2. A successor employer must accept the transfer of all of 256 the predecessor employers’ employment records within 30 days 257 after the date of the official notification of liability by 258 succession. If a predecessor employer has unpaid contributions 259 or outstanding quarterly reports, the successor employer must 260 pay the total amount with certified funds within 30 days after 261 the date of the notice listing the total amount due. After the 262 total indebtedness is paid, the tax collection service provider 263 shall transfer the employment records of all of the predecessor 264 employers to the successor employer’s employment record. The tax 265 collection service provider shall determine the contribution 266 rate of the combined successor and predecessor employers upon 267 the transfer of the employment records, as prescribed by rule, 268 in order to calculate any change in the contribution rate 269 resulting from the transfer of the employment records. 270 3.2.Regardless of whether a predecessor employer’s 271 employment record is transferred to a successor employer under 272 this paragraph, the tax collection service provider shall treat 273 the predecessor employer, if he or she subsequently employs 274 individuals, as an employer without a previous employment record 275 or, if his or her coverage is terminated under s. 443.121, as a 276 new employing unit. 277 4.3.The state agency providing unemployment tax collection 278 services may adopt rules governing the partial transfer of 279 experience rating when an employer transfers an identifiable and 280 segregable portion of his or her payrolls and business to a 281 successor employing unit. As a condition of each partial 282 transfer, these rules must require the following to be filed 283 with the tax collection service provider: an application by the 284 successor employing unit, an agreement by the predecessor 285 employer, and the evidence required by the tax collection 286 service provider to show the benefit experience and payrolls 287 attributable to the transferred portion through the date of the 288 transfer. These rules must provide that the successor employing 289 unit, if not an employer subject to this chapter, becomes an 290 employer as of the date of the transfer and that the transferred 291 portion of the predecessor employer’s employment record is 292 removed from the employment record of the predecessor employer. 293 For each calendar year after the date of the transfer of the 294 employment record in the records of the tax collection service 295 provider, the service provider shall compute the contribution 296 rate payable by the successor employer or employing unit based 297 on his or her employment record, combined with the transferred 298 portion of the predecessor employer’s employment record. These 299 rules may also prescribe what contribution rates are payable by 300 the predecessor and successor employers for the period between 301 the date of the transfer of the transferred portion of the 302 predecessor employer’s employment record in the records of the 303 tax collection service provider and the first day of the next 304 calendar year. 305 5.4.This paragraph does not apply to an employee leasing 306 company and client contractual agreementas defined in s.307443.036. The tax collection service provider shall, if the 308 contractual agreement is terminated or the employee leasing 309 company fails to submit reports or pay contributions as required 310 by the service provider, treat the client as a new employer 311 without previous employment record unless the client is 312 otherwise eligible for a variation from the standard rate. 313 Section 5. This act shall take effect July 1, 2011.