Bill Text: FL H7005 | 2011 | Regular Session | Engrossed

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Bill Title: Unemployment Compensation

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2011-05-06 - In returning messages [H7005 Detail]

Download: Florida-2011-H7005-Engrossed.html

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CS/CS/HB 7005

1	A bill to be entitled
2	An act relating to unemployment compensation; amending s.
3	213.053, F.S.; increasing the number of employer payroll
4	service providers who qualify for access to unemployment
5	tax information by filing a memorandum of understanding;
6	amending s. 443.031, F.S.; revising provisions relating to
7	statutory construction; amending s. 443.036, F.S.;
8	revising the definitions for "available for work,"
9	"misconduct," and "unemployment"; adding definitions for
10	"individual in continued reporting status" and "initial
11	skills review"; amending s. 443.091, F.S.; revising
12	requirements for making continued claims for benefits;
13	requiring that an individual claiming benefits report
14	certain information and participate in an initial skills
15	review; providing an exception; specifying criteria for
16	determining an applicant's availability for work; amending
17	s. 443.101, F.S.; clarifying "good cause" for voluntarily
18	leaving employment; disqualifying a person for benefits
19	due to the receipt of severance pay; revising provisions
20	relating to the effects of criminal acts on eligibility
21	for benefits; amending s. 443.111, F.S.; taking effect
22	August 1, 2011; reducing the amount and revising the
23	manner in which benefits are payable; eliminating payment
24	by mail; providing an exception; conforming provisions to
25	changes made by the act; amending s. 443.111, F.S.; taking
26	effect January 1, 2012; defining the term "Florida average
27	unemployment rate"; revising the number of available weeks
28	of unemployment benefits available; amending s. 443.041,
29	F.S.; conforming a cross-reference; amending s. 443.141,
30	F.S.; providing an employer payment schedule for 2012,
31	2013, and 2014 contributions; requiring an employer to pay
32	a fee for paying contributions on a quarterly schedule;
33	providing penalties, interest, and fees on delinquent
34	contributions; amending s. 443.151, F.S.; requiring claims
35	to be submitted by electronic means; revising allowable
36	forms of evidence in benefit appeals; revising the
37	judicial venue for reviewing commission orders; amending
38	s. 443.171, F.S.; specifying that evidence of mailing an
39	agency document is based on the date stated on the
40	document; reviving, readopting, and amending s. 443.1117,
41	F.S., relating to temporary extended benefits; providing
42	for retroactive application; establishing temporary state
43	extended benefits for weeks of unemployment; revising
44	definitions; providing for state extended benefits for
45	certain weeks and for periods of high unemployment;
46	providing severability; providing applicability; creating
47	s. 443.17161, F.S.; requiring the Agency for Workforce
48	Innovation to contract with one or more consumer-reporting
49	agencies to provide creditors, employers, and other
50	entities with a permissible purpose with secured
51	electronic access to employer-provided information
52	relating to the quarterly wages reports; providing
53	conditions; requiring consent from the applicant for
54	credit, employment, or other permitted purpose;
55	prescribing information that must be included in the
56	written consent; providing for confidentiality; limiting
57	use of the information released; providing for termination
58	of contracts under certain circumstances; requiring the
59	agency to establish minimum audit, security, net worth,
60	and liability insurance standards and other requirements
61	it considers necessary; providing that any revenues
62	generated from a contract with a consumer reporting agency
63	must be used to pay the entire cost of providing access to
64	the information; providing that any additional revenues
65	generated must be paid into the Administrative Trust Fund
66	of the Agency for Workforce Innovation or used for program
67	purposes; providing restrictions on the release of
68	information under the act; defining the terms "consumer-
69	reporting agency," "creditor," and "user"; providing
70	appropriations for purposes of implementation; providing
71	that the act fulfills an important state interest;
72	providing effective dates.
73
74	Be It Enacted by the Legislature of the State of Florida:
75
76	Section 1.  Subsection (4) of section 213.053, Florida
77	Statutes, is amended to read:
78	213.053  Confidentiality and information sharing.-
79	(4)  The department, while providing unemployment tax
80	collection services under contract with the Agency for Workforce
81	Innovation through an interagency agreement pursuant to s.
82	443.1316, may release unemployment tax rate information to the
83	agent of an employer who, which agent provides payroll services
84	for more than 100 500 employers, pursuant to the terms of a
85	memorandum of understanding. The memorandum of understanding
86	must state that the agent affirms, subject to the criminal
87	penalties contained in ss. 443.171 and 443.1715, that the agent
88	will retain the confidentiality of the information, that the
89	agent has in effect a power of attorney from the employer which
90	permits the agent to obtain unemployment tax rate information,
91	and that the agent shall provide the department with a copy of
92	the employer's power of attorney upon request.
93	Section 2.  Section 443.031, Florida Statutes, is amended
94	to read:
95	443.031  Rule of liberal construction.-This chapter shall
96	be liberally construed to accomplish its purpose to promote
97	employment security by increasing opportunities for reemployment
98	and to provide, through the accumulation of reserves, for the
99	payment of compensation to individuals with respect to their
100	unemployment. The Legislature hereby declares its intention to
101	provide for carrying out the purposes of this chapter in
102	cooperation with the appropriate agencies of other states and of
103	the Federal Government as part of a nationwide employment
104	security program, and particularly to provide for meeting the
105	requirements of Title III, the requirements of the Federal
106	Unemployment Tax Act, and the Wagner-Peyser Act of June 6, 1933,
107	entitled "An Act to provide for the establishment of a national
108	employment system and for cooperation with the states in the
109	promotion of such system, and for other purposes," each as
110	amended, in order to secure for this state and its citizens the
111	grants and privileges available under such acts. All doubts in
112	favor of a claimant of unemployment benefits who is unemployed
113	through no fault of his or her own. Any doubt as to the proper
114	construction of any provision of this chapter shall be resolved
115	in favor of conformity with such requirements federal law,
116	including, but not limited to, the Federal Unemployment Tax Act,
117	the Social Security Act, the Wagner-Peyser Act, and the
118	Workforce Investment Act.
119	Section 3.  Present subsections (26) through (45) of
120	section 443.036, Florida Statutes, are renumbered as subsections
121	(27) through (46), respectively, new subsection (26) is added to
122	that section, and present subsections (6), (9), (29), and (43)
123	of that section are amended, to read:
124	443.036  Definitions.-As used in this chapter, the term:
125	(6)  "Available for work" means actively seeking and being
126	ready and willing to accept suitable work employment.
127	(9)  "Benefit year" means, for an individual, the 1-year
128	period beginning with the first day of the first week for which
129	the individual first files a valid claim for benefits and,
130	thereafter, the 1-year period beginning with the first day of
131	the first week for which the individual next files a valid claim
132	for benefits after the termination of his or her last preceding
133	benefit year. Each claim for benefits made in accordance with s.
134	443.151(2) is a valid claim under this subsection if the
135	individual was paid wages for insured work in accordance with s.
136	443.091(1)(g) and is unemployed as defined in subsection (43) at
137	the time of filing the claim. However, the Agency for Workforce
138	Innovation may adopt rules providing for the establishment of a
139	uniform benefit year for all workers in one or more groups or
140	classes of service or within a particular industry if the agency
141	determines, after notice to the industry and to the workers in
142	the industry and an opportunity to be heard in the matter, that
143	those groups or classes of workers in a particular industry
144	periodically experience unemployment resulting from layoffs or
145	shutdowns for limited periods of time.
146	(26)  "Initial skills review" means an online education or
147	training program, such as that established under s. 1004.99,
148	that is approved by the Agency for Workforce Innovation and
149	designed to measure an individual's mastery level of workplace
150	skills.
151	(31)(29)  "Misconduct," irrespective of whether the
152	misconduct occurs at the workplace or during working hours,
153	includes, but is not limited to, the following, which may not be
154	construed in pari materia with each other:
155	(a)  Conduct demonstrating conscious willful or wanton
156	disregard of an employer's interests and found to be a
157	deliberate violation or disregard of the reasonable standards of
158	behavior which the employer expects has a right to expect of his
159	or her employee.; or
160	(b)  Carelessness or negligence to a degree or recurrence
161	that manifests culpability, or wrongful intent, or evil design
162	or shows an intentional and substantial disregard of the
163	employer's interests or of the employee's duties and obligations
164	to his or her employer.
165	(c)  Chronic absenteeism or tardiness in deliberate
166	violation of a known policy of the employer or one or more
167	unapproved absences following a written reprimand or warning
168	relating to more than one unapproved absence.
169	(d)  A willful and deliberate violation of a standard or
170	regulation of this state by an employee of an employer licensed
171	or certified by this state, which violation would cause the
172	employer to be sanctioned or have its license or certification
173	suspended by this state.
174	(e)  A violation of an employer's rule, unless the claimant
175	can demonstrate that:
176	1.  He or she did not know, and could not reasonably know,
177	of the rule's requirements;
178	2.  The rule is not lawful or not reasonably related to the
179	job environment and performance; or
180	3.  The rule is not fairly or consistently enforced.
181	(45)(43)  "Unemployment" or "unemployed" means:
182	(a)  An individual is "totally unemployed" in any week
183	during which he or she does not perform any services and for
184	which earned income is not payable to him or her. An individual
185	is "partially unemployed" in any week of less than full-time
186	work if the earned income payable to him or her for that week is
187	less than his or her weekly benefit amount. The Agency for
188	Workforce Innovation may adopt rules prescribing distinctions in
189	the procedures for unemployed individuals based on total
190	unemployment, part-time unemployment, partial unemployment of
191	individuals attached to their regular jobs, and other forms of
192	short-time work.
193	(b)  An individual's week of unemployment commences only
194	after his or her registration with the Agency for Workforce
195	Innovation as required in s. 443.091, except as the agency may
196	otherwise prescribe by rule.
197	Section 4.  Effective August 1, 2011, paragraphs (b), (c),
198	(d), and (f) of subsection (1) of section 443.091, Florida
199	Statutes, are amended to read:
200	443.091  Benefit eligibility conditions.-
201	(1)  An unemployed individual is eligible to receive
202	benefits for any week only if the Agency for Workforce
203	Innovation finds that:
204	(b)  She or he has registered with the agency for work and
205	subsequently reports to the one-stop career center as directed
206	by the regional workforce board for reemployment services. This
207	requirement does not apply to persons who are:
208	1.  Non-Florida residents;
209	2.  On a temporary layoff, as defined in s. 443.036(42);
210	3.  Union members who customarily obtain employment through
211	a union hiring hall; or
212	4.  Claiming benefits under an approved short-time
213	compensation plan as provided in s. 443.1116.
214	(c)  To make continued claims for benefits, she or he is
215	reporting to the Agency for Workforce Innovation in accordance
216	with this paragraph and agency its rules, and participating in
217	an initial skills review as directed by the agency. Agency These
218	rules may not conflict with s. 443.111(1)(b), which requires
219	including the requirement that each claimant continue to report
220	regardless of any pending appeal relating to her or his
221	eligibility or disqualification for benefits.
222	1.  For each week of unemployment claimed, each report
223	must, at a minimum, include the name, address, and telephone
224	number of each prospective employer contacted, or the date the
225	claimant reported to a one-stop career center, pursuant to
226	paragraph (d).
227	2.  The administrator or operator of the initial skills
228	review shall notify the agency when the individual completes the
229	initial skills review and report the results of the review to
230	the regional workforce board or the one-stop career center as
231	directed by the workforce board. The workforce board shall use
232	the initial skills review to develop a plan for referring
233	individuals to training and employment opportunities. The
234	failure of the individual to comply with this requirement will
235	result in the individual being determined ineligible for
236	benefits for the week in which the noncompliance occurred and
237	for any subsequent week of unemployment until the requirement is
238	satisfied. However, this requirement does not apply if the
239	individual is able to affirmatively attest to being unable to
240	complete such review due to illiteracy or a language impediment.
241	(d)  She or he is able to work and is available for work.
242	In order to assess eligibility for a claimed week of
243	unemployment, the agency shall develop criteria to determine a
244	claimant's ability to work and availability for work. A claimant
245	must be actively seeking work in order to be considered
246	available for work. This means engaging in systematic and
247	sustained efforts to find work, including contacting at least
248	five prospective employers for each week of unemployment
249	claimed. The agency may require the claimant to provide proof of
250	such efforts to the one-stop career center as part of
251	reemployment services. The agency shall conduct random reviews
252	of work search information provided by claimants. As an
253	alternative to contacting at least five prospective employers
254	for any week of unemployment claimed, a claimant may, for that
255	same week, report in person to a one-stop career center to meet
256	with a representative of the center and access reemployment
257	services of the center. The center shall keep a record of the
258	services or information provided to the claimant and shall
259	provide the records to the agency upon request by the agency.
260	However:
261	1.  Notwithstanding any other provision of this paragraph
262	or paragraphs (b) and (e), an otherwise eligible individual may
263	not be denied benefits for any week because she or he is in
264	training with the approval of the agency, or by reason of s.
265	443.101(2) relating to failure to apply for, or refusal to
266	accept, suitable work. Training may be approved by the agency in
267	accordance with criteria prescribed by rule. A claimant's
268	eligibility during approved training is contingent upon
269	satisfying eligibility conditions prescribed by rule.
270	2.  Notwithstanding any other provision of this chapter, an
271	otherwise eligible individual who is in training approved under
272	s. 236(a)(1) of the Trade Act of 1974, as amended, may not be
273	determined ineligible or disqualified for benefits due to her or
274	his enrollment in such training or because of leaving work that
275	is not suitable employment to enter such training. As used in
276	this subparagraph, the term "suitable employment" means work of
277	a substantially equal or higher skill level than the worker's
278	past adversely affected employment, as defined for purposes of
279	the Trade Act of 1974, as amended, the wages for which are at
280	least 80 percent of the worker's average weekly wage as
281	determined for purposes of the Trade Act of 1974, as amended.
282	3.  Notwithstanding any other provision of this section, an
283	otherwise eligible individual may not be denied benefits for any
284	week because she or he is before any state or federal court
285	pursuant to a lawfully issued summons to appear for jury duty.
286	(f)  She or he has been unemployed for a waiting period of
287	1 week. A week may not be counted as a week of unemployment
288	under this subsection unless:
289	1.  Unless It occurs within the benefit year that includes
290	the week for which she or he claims payment of benefits.
291	2.  If Benefits have been paid for that week.
292	3.  Unless The individual was eligible for benefits for
293	that week as provided in this section and s. 443.101, except for
294	the requirements of this subsection and of s. 443.101(5).
295	Section 5.  Effective August 1, 2011, paragraph (a) of
296	subsection (1) and subsections (2), (3), and (9) of section
297	443.101, Florida Statutes, are amended, and subsection (12) is
298	added to that section, to read:
299	443.101  Disqualification for benefits.-An individual shall
300	be disqualified for benefits:
301	(1)(a)  For the week in which he or she has voluntarily
302	left work without good cause attributable to his or her
303	employing unit or in which the individual has been discharged by
304	the employing unit for misconduct connected with his or her
305	work, based on a finding by the Agency for Workforce Innovation.
306	As used in this paragraph, the term "work" means any work,
307	whether full-time, part-time, or temporary.
308	1.  Disqualification for voluntarily quitting continues for
309	the full period of unemployment next ensuing after the
310	individual has left his or her full-time, part-time, or
311	temporary work voluntarily without good cause and until the
312	individual has earned income equal to or greater than in excess
313	of 17 times his or her weekly benefit amount. As used in this
314	subsection, the term "good cause" includes only that cause
315	attributable to the employing unit which would compel a
316	reasonable employee to cease working or attributable to which
317	consists of the individual's illness or disability requiring
318	separation from his or her work. Any other disqualification may
319	not be imposed. An individual is not disqualified under this
320	subsection for voluntarily leaving temporary work to return
321	immediately when called to work by the permanent employing unit
322	that temporarily terminated his or her work within the previous
323	6 calendar months, or. An individual is not disqualified under
324	this subsection for voluntarily leaving work to relocate as a
325	result of his or her military-connected spouse's permanent
326	change of station orders, activation orders, or unit deployment
327	orders.
328	2.  Disqualification for being discharged for misconduct
329	connected with his or her work continues for the full period of
330	unemployment next ensuing after having been discharged and until
331	the individual is reemployed and has earned income of at least
332	17 times his or her weekly benefit amount and for not more than
333	52 weeks that immediately following follow that week, as
334	determined by the agency in each case according to the
335	circumstances in each case or the seriousness of the misconduct,
336	under the agency's rules adopted for determinations of
337	disqualification for benefits for misconduct.
338	3.  If an individual has provided notification to the
339	employing unit of his or her intent to voluntarily leave work
340	and the employing unit discharges the individual for reasons
341	other than misconduct before the date the voluntary quit was to
342	take effect, the individual, if otherwise entitled, shall
343	receive benefits from the date of the employer's discharge until
344	the effective date of his or her voluntary quit.
345	4.  If an individual is notified by the employing unit of
346	the employer's intent to discharge the individual for reasons
347	other than misconduct and the individual quits without good
348	cause, as defined in this section, before the date the discharge
349	was to take effect, the claimant is ineligible for benefits
350	pursuant to s. 443.091(1)(d) for failing to be available for
351	work for the week or weeks of unemployment occurring before the
352	effective date of the discharge.
353	(2)  If the Agency for Workforce Innovation finds that the
354	individual has failed without good cause to apply for available
355	suitable work when directed by the agency or the one-stop career
356	center, to accept suitable work when offered to him or her, or
357	to return to the individual's customary self-employment when
358	directed by the agency, the disqualification continues for the
359	full period of unemployment next ensuing after he or she failed
360	without good cause to apply for available suitable work, to
361	accept suitable work, or to return to his or her customary self-
362	employment, under this subsection, and until the individual has
363	earned income of at least 17 times his or her weekly benefit
364	amount. The Agency for Workforce Innovation shall by rule adopt
365	criteria for determining the "suitability of work," as used in
366	this section. The Agency for Workforce Innovation In developing
367	these rules, the agency shall consider the duration of a
368	claimant's unemployment in determining the suitability of work
369	and the suitability of proposed rates of compensation for
370	available work. Further, after an individual has received 25
371	weeks of benefits in a single year, suitable work is a job that
372	pays the minimum wage and is 120 percent or more of the weekly
373	benefit amount the individual is drawing.
374	(a)  In determining whether or not any work is suitable for
375	an individual, the Agency for Workforce Innovation shall
376	consider the degree of risk involved to the individual's his or
377	her health, safety, and morals; the individual's his or her
378	physical fitness, and prior training,; the individual's
379	experience, and prior earnings,; his or her length of
380	unemployment, and prospects for securing local work in his or
381	her customary occupation; and the distance of the available work
382	from his or her residence.
383	(b)  Notwithstanding any other provisions of this chapter,
384	work is not deemed suitable and benefits may not be denied under
385	this chapter to any otherwise eligible individual for refusing
386	to accept new work under any of the following conditions:
387	1.  If The position offered is vacant due directly to a
388	strike, lockout, or other labor dispute.
389	2.  If The wages, hours, or other conditions of the work
390	offered are substantially less favorable to the individual than
391	those prevailing for similar work in the locality.
392	3.  If As a condition of being employed, the individual is
393	would be required to join a company union or to resign from or
394	refrain from joining any bona fide labor organization.
395	(c)  If the Agency for Workforce Innovation finds that an
396	individual was rejected for offered employment as the direct
397	result of a positive, confirmed drug test required as a
398	condition of employment, the individual is disqualified for
399	refusing to accept an offer of suitable work.
400	(3)  For any week with respect to which he or she is
401	receiving or has received remuneration in the form of:
402	(a)  Wages in lieu of notice.
403	(b)  Severance pay. The number of weeks that an
404	individual's severance pay disqualifies the individual is equal
405	to the amount of the severance pay divided by that individual's
406	average weekly wage received from the employer that paid the
407	severance pay, rounded down to the nearest whole number,
408	beginning with the week the individual is separated from
409	employment.
410	(c)(b)1.  Compensation for temporary total disability or
411	permanent total disability under the workers' compensation law
412	of any state or under a similar law of the United States.
413
414	2.  However, If the remuneration referred to in this subsection
415	paragraphs (a) and (b) is less than the benefits that would
416	otherwise be due under this chapter, an individual who is
417	otherwise eligible he or she is entitled to receive for that
418	week, if otherwise eligible, benefits reduced by the amount of
419	the remuneration.
420	(9)  If the individual was terminated from his or her work
421	for violation of any criminal law punishable by imprisonment, or
422	for any dishonest act, in connection with his or her work, as
423	follows:
424	(a)  If the Agency for Workforce Innovation or the
425	Unemployment Appeals Commission finds that the individual was
426	terminated from his or her work for violation of any criminal
427	law, under any jurisdiction, which was punishable by
428	imprisonment in connection with his or her work, and the
429	individual was convicted found guilty of the offense, made an
430	admission of guilt in a court of law, or entered a plea of
431	guilty or nolo contendere no contest, the individual is not
432	entitled to unemployment benefits for up to 52 weeks, pursuant
433	to under rules adopted by the agency for Workforce Innovation,
434	and until he or she has earned income of at least 17 times his
435	or her weekly benefit amount. If, before an adjudication of
436	guilt, an admission of guilt, or a plea of nolo contendere no
437	contest, the employer proves by competent substantial evidence
438	to shows the agency for Workforce Innovation that the arrest was
439	due to a crime against the employer or the employer's business,
440	customers, or invitees and, after considering all the evidence,
441	the Agency for Workforce Innovation finds misconduct in
442	connection with the individual's work, the individual is not
443	entitled to unemployment benefits.
444	(b)  If the Agency for Workforce Innovation or the
445	Unemployment Appeals Commission finds that the individual was
446	terminated from work for any dishonest act in connection with
447	his or her work, the individual is not entitled to unemployment
448	benefits for up to 52 weeks, pursuant to under rules adopted by
449	the Agency for Workforce Innovation, and until he or she has
450	earned income of at least 17 times his or her weekly benefit
451	amount. In addition, If the employer terminates an individual as
452	a result of a dishonest act in connection with his or her work
453	and the Agency for Workforce Innovation finds misconduct in
454	connection with his or her work, the individual is not entitled
455	to unemployment benefits.
456
457	If With respect to an individual is disqualified for benefits,
458	the account of the terminating employer, if the employer is in
459	the base period, is noncharged at the time the disqualification
460	is imposed.
461	(12)  For any week in which the individual is unavailable
462	for work due to incarceration or imprisonment.
463	Section 6.  Effective August 1, 2011, subsection (1) of
464	section 443.111, Florida Statutes, is amended to read:
465	443.111  Payment of benefits.-
466	(1)  MANNER OF PAYMENT.-Benefits are payable from the fund
467	in accordance with rules adopted by the Agency for Workforce
468	Innovation, subject to the following requirements:
469	(a)  Benefits are payable by mail or electronically, except
470	that an individual being paid by paper warrant on July 1, 2011,
471	may continue to be paid in that manner until the expiration of
472	the claim. Notwithstanding s. 409.942(4), the agency may develop
473	a system for the payment of benefits by electronic funds
474	transfer, including, but not limited to, debit cards, electronic
475	payment cards, or any other means of electronic payment that the
476	agency deems to be commercially viable or cost-effective.
477	Commodities or services related to the development of such a
478	system shall be procured by competitive solicitation, unless
479	they are purchased from a state term contract pursuant to s.
480	287.056. The agency shall adopt rules necessary to administer
481	this paragraph the system.
482	(b)  As required under s. 443.091(1), each claimant must
483	report in the manner prescribed by the agency for Workforce
484	Innovation to certify for benefits that are paid and must
485	continue to report at least biweekly to receive unemployment
486	benefits and to attest to the fact that she or he is able and
487	available for work, has not refused suitable work, is seeking
488	work and has contacted at least five prospective employers or
489	reported in person to a one-stop career center for reemployment
490	services for each week of unemployment claimed, and, if she or
491	he has worked, to report earnings from that work. Each claimant
492	must continue to report regardless of any appeal or pending
493	appeal relating to her or his eligibility or disqualification
494	for benefits.
495	Section 7.  Effective January 1, 2012, subsection (5) of
496	section 443.111, Florida Statutes, is amended to read:
497	443.111  Payment of benefits.-
498	(5)  DURATION OF BENEFITS.-
499	(a)  As used in this section, the term "Florida average
500	unemployment rate" means the average of the 3 months for the
501	most recent third calendar year quarter of the seasonally
502	adjusted statewide unemployment rates as published by the Agency
503	for Workforce Innovation.
504	(b)1.  Each otherwise eligible individual is entitled
505	during any benefit year to a total amount of benefits equal to
506	25 percent of the total wages in his or her base period, not to
507	exceed $6,325 or the product arrived at by multiplying the
508	weekly benefit amount with the number of weeks determined in
509	paragraph (c), whichever is less $7,150. However, the total
510	amount of benefits, if not a multiple of $1, is rounded downward
511	to the nearest full dollar amount. These benefits are payable at
512	a weekly rate no greater than the weekly benefit amount.
513	(c)  For claims submitted during a calendar year, the
514	duration of benefits is limited to:
515	1.  Twelve weeks if this state's average unemployment rate
516	is at or below 5 percent.
517	2.  An additional week in addition to the 12 weeks for each
518	0.5 percent increment in this state's average unemployment rate
519	above 5 percent.
520	3.  Up to a maximum of 23 weeks if this state's average
521	unemployment rate equals or exceeds 10.5 percent.
522	(d)2.  For the purposes of this subsection, wages are
523	counted as "wages for insured work" for benefit purposes with
524	respect to any benefit year only if the benefit year begins
525	after the date the employing unit by whom the wages were paid
526	has satisfied the conditions of this chapter for becoming an
527	employer.
528	(e)(b)  If the remuneration of an individual is not based
529	upon a fixed period or duration of time or if the individual's
530	wages are paid at irregular intervals or in a manner that does
531	not extend regularly over the period of employment, the wages
532	for any week or for any calendar quarter for the purpose of
533	computing an individual's right to employment benefits only are
534	determined in the manner prescribed by rule. These rules, to the
535	extent practicable, must secure results reasonably similar to
536	those that would prevail if the individual were paid her or his
537	wages at regular intervals.
538	Section 8.   Effective January 1, 2012, paragraph (b) of
539	subsection (2) of section 443.041, Florida Statutes, is amended
540	to read:
541	443.041  Waiver of rights; fees; privileged
542	communications.-
543	(2)  FEES.-
544	(b)  An attorney at law representing a claimant for
545	benefits in any district court of appeal of this state or in the
546	Supreme Court of Florida is entitled to counsel fees payable by
547	the Agency for Workforce Innovation as set by the court if the
548	petition for review or appeal is initiated by the claimant and
549	results in a decision awarding more benefits than provided in
550	the decision from which appeal was taken. The amount of the fee
551	may not exceed 50 percent of the total amount of regular
552	benefits permitted under s. 443.111(5)(b)(a) during the benefit
553	year.
554	Section 9.  Effective upon this act becoming a law, for tax
555	rates effective on or after January 1, 2012, paragraphs (b) and
556	(e) of subsection (3) of section 443.131, Florida Statutes, are
557	amended to read:
558	443.131  Contributions.-
559	(3)  VARIATION OF CONTRIBUTION RATES BASED ON BENEFIT
560	EXPERIENCE.-
561	(b)  Benefit ratio.-
562	1.  As used in this paragraph, the term "annual payroll"
563	means the calendar quarter taxable payroll reported to the tax
564	collection service provider for the quarters used in computing
565	the benefit ratio. The term does not include a penalty resulting
566	from the untimely filing of required wage and tax reports. All
567	of the taxable payroll reported to the tax collection service
568	provider by the end of the quarter preceding the quarter for
569	which the contribution rate is to be computed must be used in
570	the computation.
571	2.  As used in this paragraph, the term "benefits charged
572	to the employer's employment record" means the amount of
573	benefits paid to individuals multiplied by:
574	a.  For benefits paid prior to July 1, 2007, 1.
575	b.  For benefits paid during the period beginning on July
576	1, 2007, and ending March 31, 2011, 0.90.
577	c.  For benefits paid after March 31, 2011, 1.
578	3.2.  For each calendar year, the tax collection service
579	provider shall compute a benefit ratio for each employer whose
580	employment record was chargeable for benefits during the 12
581	consecutive quarters ending June 30 of the calendar year
582	preceding the calendar year for which the benefit ratio is
583	computed. An employer's benefit ratio is the quotient obtained
584	by dividing the total benefits charged to the employer's
585	employment record during the 3-year period ending June 30 of the
586	preceding calendar year by the total of the employer's annual
587	payroll for the 3-year period ending June 30 of the preceding
588	calendar year. The benefit ratio shall be computed to the fifth
589	decimal place and rounded to the fourth decimal place.
590	4.3.  The tax collection service provider shall compute a
591	benefit ratio for each employer who was not previously eligible
592	under subparagraph 3. 2., whose contribution rate is set at the
593	initial contribution rate in paragraph (2)(a), and whose
594	employment record was chargeable for benefits during at least 8
595	calendar quarters immediately preceding the calendar quarter for
596	which the benefit ratio is computed. The employer's benefit
597	ratio is the quotient obtained by dividing the total benefits
598	charged to the employer's employment record during the first 6
599	of the 8 completed calendar quarters immediately preceding the
600	calendar quarter for which the benefit ratio is computed by the
601	total of the employer's annual payroll during the first 7 of the
602	9 completed calendar quarters immediately preceding the calendar
603	quarter for which the benefit ratio is computed. The benefit
604	ratio shall be computed to the fifth decimal place and rounded
605	to the fourth decimal place and applies for the remainder of the
606	calendar year. The employer must subsequently be rated on an
607	annual basis using up to 12 calendar quarters of benefits
608	charged and up to 12 calendar quarters of annual payroll. That
609	employer's benefit ratio is the quotient obtained by dividing
610	the total benefits charged to the employer's employment record
611	by the total of the employer's annual payroll during the
612	quarters used in his or her first computation plus the
613	subsequent quarters reported through June 30 of the preceding
614	calendar year. Each subsequent calendar year, the rate shall be
615	computed under subparagraph 3. 2. The tax collection service
616	provider shall assign a variation from the standard rate of
617	contributions in paragraph (c) on a quarterly basis to each
618	eligible employer in the same manner as an assignment for a
619	calendar year under paragraph (e).
620	(e)  Assignment of variations from the standard rate.-
621	1.  As used in this paragraph, the terms "total benefit
622	payments," "benefits paid to an individual," and "benefits
623	charged to the employment record of an employer" mean the amount
624	of benefits paid to individuals multiplied by:
625	a.  For benefits paid prior to July 1, 2007, 1.
626	b.  For benefits paid during the period beginning on July
627	1, 2007, and ending March 31, 2011, 0.90.
628	c.  For benefits paid after March 31, 2011, 1.
629	2.  For the calculation of contribution rates effective
630	January 1, 2010, and thereafter:
631	a.1.  The tax collection service provider shall assign a
632	variation from the standard rate of contributions for each
633	calendar year to each eligible employer. In determining the
634	contribution rate, varying from the standard rate to be assigned
635	each employer, adjustment factors computed under sub-sub-
636	subparagraphs (I)-(IV) sub-subparagraphs a.-d. are added to the
637	benefit ratio. This addition shall be accomplished in two steps
638	by adding a variable adjustment factor and a final adjustment
639	factor. The sum of these adjustment factors computed under sub-
640	sub-subparagraphs (I)-(IV) sub-subparagraphs a.-d. shall first
641	be algebraically summed. The sum of these adjustment factors
642	shall next be divided by a gross benefit ratio determined as
643	follows: Total benefit payments for the 3-year period described
644	in subparagraph (b)3. (b)2. are charged to employers eligible
645	for a variation from the standard rate, minus excess payments
646	for the same period, divided by taxable payroll entering into
647	the computation of individual benefit ratios for the calendar
648	year for which the contribution rate is being computed. The
649	ratio of the sum of the adjustment factors computed under sub-
650	sub-subparagraphs (I)-(IV) sub-subparagraphs a.-d. to the gross
651	benefit ratio is multiplied by each individual benefit ratio
652	that is less than the maximum contribution rate to obtain
653	variable adjustment factors; except that if the sum of an
654	employer's individual benefit ratio and variable adjustment
655	factor exceeds the maximum contribution rate, the variable
656	adjustment factor is reduced in order for the sum to equal the
657	maximum contribution rate. The variable adjustment factor for
658	each of these employers is multiplied by his or her taxable
659	payroll entering into the computation of his or her benefit
660	ratio. The sum of these products is divided by the taxable
661	payroll of the employers who entered into the computation of
662	their benefit ratios. The resulting ratio is subtracted from the
663	sum of the adjustment factors computed under sub-sub-
664	subparagraphs (I)-(IV) sub-subparagraphs a.-d. to obtain the
665	final adjustment factor. The variable adjustment factors and the
666	final adjustment factor must be computed to five decimal places
667	and rounded to the fourth decimal place. This final adjustment
668	factor is added to the variable adjustment factor and benefit
669	ratio of each employer to obtain each employer's contribution
670	rate. An employer's contribution rate may not, however, be
671	rounded to less than 0.1 percent.
672	(I)a.  An adjustment factor for noncharge benefits is
673	computed to the fifth decimal place and rounded to the fourth
674	decimal place by dividing the amount of noncharge benefits
675	during the 3-year period described in subparagraph (b)3. (b)2.
676	by the taxable payroll of employers eligible for a variation
677	from the standard rate who have a benefit ratio for the current
678	year which is less than the maximum contribution rate. For
679	purposes of computing this adjustment factor, the taxable
680	payroll of these employers is the taxable payrolls for the 3
681	years ending June 30 of the current calendar year as reported to
682	the tax collection service provider by September 30 of the same
683	calendar year. As used in this sub-sub-subparagraph sub-
684	subparagraph, the term "noncharge benefits" means benefits paid
685	to an individual from the Unemployment Compensation Trust Fund,
686	but which were not charged to the employment record of any
687	employer.
688	(II)b.  An adjustment factor for excess payments is
689	computed to the fifth decimal place, and rounded to the fourth
690	decimal place by dividing the total excess payments during the
691	3-year period described in subparagraph (b)3. (b)2. by the
692	taxable payroll of employers eligible for a variation from the
693	standard rate who have a benefit ratio for the current year
694	which is less than the maximum contribution rate. For purposes
695	of computing this adjustment factor, the taxable payroll of
696	these employers is the same figure used to compute the
697	adjustment factor for noncharge benefits under sub-sub-
698	subparagraph (I) sub-subparagraph a. As used in this sub-
699	subparagraph, the term "excess payments" means the amount of
700	benefits charged to the employment record of an employer during
701	the 3-year period described in subparagraph (b)3. (b)2., less
702	the product of the maximum contribution rate and the employer's
703	taxable payroll for the 3 years ending June 30 of the current
704	calendar year as reported to the tax collection service provider
705	by September 30 of the same calendar year. As used in this sub-
706	sub-subparagraph sub-subparagraph, the term "total excess
707	payments" means the sum of the individual employer excess
708	payments for those employers that were eligible for assignment
709	of a contribution rate different from the standard rate.
710	(III)c.  With respect to computing a positive adjustment
711	factor:
712	(A)(I)  Beginning January 1, 2012, if the balance of the
713	Unemployment Compensation Trust Fund on September 30 of the
714	calendar year immediately preceding the calendar year for which
715	the contribution rate is being computed is less than 4 percent
716	of the taxable payrolls for the year ending June 30 as reported
717	to the tax collection service provider by September 30 of that
718	calendar year, a positive adjustment factor shall be computed.
719	The positive adjustment factor is computed annually to the fifth
720	decimal place and rounded to the fourth decimal place by
721	dividing the sum of the total taxable payrolls for the year
722	ending June 30 of the current calendar year as reported to the
723	tax collection service provider by September 30 of that calendar
724	year into a sum equal to one-third of the difference between the
725	balance of the fund as of September 30 of that calendar year and
726	the sum of 5 percent of the total taxable payrolls for that
727	year. The positive adjustment factor remains in effect for
728	subsequent years until the balance of the Unemployment
729	Compensation Trust Fund as of September 30 of the year
730	immediately preceding the effective date of the contribution
731	rate equals or exceeds 5 percent of the taxable payrolls for the
732	year ending June 30 of the current calendar year as reported to
733	the tax collection service provider by September 30 of that
734	calendar year.
735	(B)(II)  Beginning January 1, 2015, and for each year
736	thereafter, the positive adjustment shall be computed by
737	dividing the sum of the total taxable payrolls for the year
738	ending June 30 of the current calendar year as reported to the
739	tax collection service provider by September 30 of that calendar
740	year into a sum equal to one-fourth of the difference between
741	the balance of the fund as of September 30 of that calendar year
742	and the sum of 5 percent of the total taxable payrolls for that
743	year. The positive adjustment factor remains in effect for
744	subsequent years until the balance of the Unemployment
745	Compensation Trust Fund as of September 30 of the year
746	immediately preceding the effective date of the contribution
747	rate equals or exceeds 4 percent of the taxable payrolls for the
748	year ending June 30 of the current calendar year as reported to
749	the tax collection service provider by September 30 of that
750	calendar year.
751	(IV)d.  If, beginning January 1, 2015, and each year
752	thereafter, the balance of the Unemployment Compensation Trust
753	Fund as of September 30 of the year immediately preceding the
754	calendar year for which the contribution rate is being computed
755	exceeds 5 percent of the taxable payrolls for the year ending
756	June 30 of the current calendar year as reported to the tax
757	collection service provider by September 30 of that calendar
758	year, a negative adjustment factor must be computed. The
759	negative adjustment factor shall be computed annually beginning
760	on January 1, 2015, and each year thereafter, to the fifth
761	decimal place and rounded to the fourth decimal place by
762	dividing the sum of the total taxable payrolls for the year
763	ending June 30 of the current calendar year as reported to the
764	tax collection service provider by September 30 of the calendar
765	year into a sum equal to one-fourth of the difference between
766	the balance of the fund as of September 30 of the current
767	calendar year and 5 percent of the total taxable payrolls of
768	that year. The negative adjustment factor remains in effect for
769	subsequent years until the balance of the Unemployment
770	Compensation Trust Fund as of September 30 of the year
771	immediately preceding the effective date of the contribution
772	rate is less than 5 percent, but more than 4 percent of the
773	taxable payrolls for the year ending June 30 of the current
774	calendar year as reported to the tax collection service provider
775	by September 30 of that calendar year. The negative adjustment
776	authorized by this section is suspended in any calendar year in
777	which repayment of the principal amount of an advance received
778	from the federal Unemployment Compensation Trust Fund under 42
779	U.S.C. s. 1321 is due to the Federal Government.
780	(V)e.  The maximum contribution rate that may be assigned
781	to an employer is 5.4 percent, except employers participating in
782	an approved short-time compensation plan may be assigned a
783	maximum contribution rate that is 1 percent greater than the
784	maximum contribution rate for other employers in any calendar
785	year in which short-time compensation benefits are charged to
786	the employer's employment record.
787	(VI)f.  As used in this subsection, "taxable payroll" shall
788	be determined by excluding any part of the remuneration paid to
789	an individual by an employer for employment during a calendar
790	year in excess of the first $7,000. Beginning January 1, 2012,
791	"taxable payroll" shall be determined by excluding any part of
792	the remuneration paid to an individual by an employer for
793	employment during a calendar year as described in s.
794	443.1217(2). For the purposes of the employer rate calculation
795	that will take effect in January 1, 2012, and in January 1,
796	2013, the tax collection service provider shall use the data
797	available for taxable payroll from 2009 based on excluding any
798	part of the remuneration paid to an individual by an employer
799	for employment during a calendar year in excess of the first
800	$7,000, and from 2010 and 2011, the data available for taxable
801	payroll based on excluding any part of the remuneration paid to
802	an individual by an employer for employment during a calendar
803	year in excess of the first $8,500.
804	b.2.  If the transfer of an employer's employment record to
805	an employing unit under paragraph (f) which, before the
806	transfer, was an employer, the tax collection service provider
807	shall recompute a benefit ratio for the successor employer based
808	on the combined employment records and reassign an appropriate
809	contribution rate to the successor employer effective on the
810	first day of the calendar quarter immediately after the
811	effective date of the transfer.
812	Section 10.  Present paragraph (f) of subsection (1) of
813	section 443.141, Florida Statutes, is redesignated as paragraph
814	(g), and new paragraph (f) is added to that subsection to read:
815	443.141  Collection of contributions and reimbursements.-
816	(1)  PAST DUE CONTRIBUTIONS AND REIMBURSEMENTS; DELINQUENT,
817	ERRONEOUS, INCOMPLETE, OR INSUFFICIENT REPORTS.-
818	(f)  Payments for 2012, 2013, and 2014 Contributions.-For
819	an annual administrative fee not to exceed $5, a contributing
820	employer may pay its quarterly contributions due for wages paid
821	in the first three quarters of 2012, 2013, and 2014 in equal
822	installments if those contributions are paid as follows:
823	1.  For contributions due for wages paid in the first
824	quarter of each year, one-fourth of the contributions due must
825	be paid on or before April 30, one-fourth must be paid on or
826	before July 31, one-fourth must be paid on or before October 31,
827	and one-fourth must be paid on or before December 31.
828	2.  In addition to the payments specified in subparagraph
829	1., for contributions due for wages paid in the second quarter
830	of each year, one-third of the contributions due must be paid on
831	or before July 31, one-third must be paid on or before October
832	31, and one-third must be paid on or before December 31.
833	3.  In addition to the payments specified in subparagraphs
834	1. and 2., for contributions due for wages paid in the third
835	quarter of each year, one-half of the contributions due must be
836	paid on or before October 31, and one-half must be paid on or
837	before December 31.
838	4.  The annual administrative fee assessed for electing to
839	pay under the installment method shall be collected at the time
840	the employer makes the first installment payment each year. The
841	fee shall be segregated from the payment and deposited into the
842	Operating Trust Fund of the Department of Revenue.
843	5.  Interest does not accrue on any contribution that
844	becomes due for wages paid in the first three quarters of each
845	year if the employer pays the contribution in accordance with
846	subparagraphs 1.-4. Interest and fees continue to accrue on
847	prior delinquent contributions and commence accruing on all
848	contributions due for wages paid in the first three quarters of
849	each year which are not paid in accordance with subparagraphs
850	1.-3. Penalties may be assessed in accordance with this chapter.
851	The contributions due for wages paid in the fourth quarter of
852	2012, 2013, and 2014 are not affected by this paragraph and are
853	due and payable in accordance with this chapter.
854	Section 11.   Effective August 1, 2011, paragraph (a) of
855	subsection (2) and paragraphs (b) and (e) of subsection (4) of
856	section 443.151, Florida Statutes, are amended to read:
857	443.151  Procedure concerning claims.-
858	(2)  FILING OF CLAIM INVESTIGATIONS; NOTIFICATION OF
859	CLAIMANTS AND EMPLOYERS.-
860	(a)  In general.-Initial and continued claims for benefits
861	must be made by approved electronic means and in accordance with
862	the rules adopted by the Agency for Workforce Innovation. The
863	agency must notify claimants and employers regarding monetary
864	and nonmonetary determinations of eligibility. Investigations of
865	issues raised in connection with a claimant which may affect a
866	claimant's eligibility for benefits or charges to an employer's
867	employment record shall be conducted by the agency through
868	written, telephonic, or electronic means as prescribed by rule.
869	(4)  APPEALS.-
870	(b)  Filing and hearing.-
871	1.  The claimant or any other party entitled to notice of a
872	determination may appeal an adverse determination to an appeals
873	referee within 20 days after the date of mailing of the notice
874	to her or his last known address or, if the notice is not
875	mailed, within 20 days after the date of delivering delivery of
876	the notice.
877	2.  Unless the appeal is untimely or withdrawn or review is
878	initiated by the commission, the appeals referee, after mailing
879	all parties and attorneys of record a notice of hearing at least
880	10 days before the date of hearing, notwithstanding the 14-day
881	notice requirement in s. 120.569(2)(b), may only affirm, modify,
882	or reverse the determination. An appeal may not be withdrawn
883	without the permission of the appeals referee.
884	3.  However, if when an appeal appears to have been filed
885	after the permissible time limit, the Office of Appeals may
886	issue an order to show cause to the appellant which requires,
887	requiring the appellant to show why the appeal should not be
888	dismissed as untimely. If the appellant does not, within 15 days
889	after the mailing date of the order to show cause, the appellant
890	does not provide written evidence of timely filing or good cause
891	for failure to appeal timely, the appeal shall be dismissed.
892	4.  If When an appeal involves a question of whether
893	services were performed by a claimant in employment or for an
894	employer, the referee must give special notice of the question
895	and of the pendency of the appeal to the employing unit and to
896	the Agency for Workforce Innovation, both of which become
897	parties to the proceeding.
898	5.a.  Any part of the evidence may be received in written
899	form, and all testimony of parties and witnesses shall be made
900	under oath.
901	b.  Irrelevant, immaterial, or unduly repetitious evidence
902	shall be excluded, but all other evidence of a type commonly
903	relied upon by reasonably prudent persons in the conduct of
904	their affairs is admissible, whether or not such evidence would
905	be admissible in a trial in state court.
906	c.  Hearsay evidence may be used for the purpose of
907	supplementing or explaining other evidence, or to support a
908	finding if it would be admissible over objection in civil
909	actions. Notwithstanding s. 120.57(1)(c), hearsay evidence may
910	support a finding of fact if:
911	(I)  The party against whom it is offered has a reasonable
912	opportunity to review such evidence prior to the hearing; and
913	(II)  The appeals referee or special deputy determines,
914	after considering all relevant facts and circumstances, that the
915	evidence is trustworthy and probative and that the interests of
916	justice are best served by its admission into evidence.
917	6.5.  The parties must be notified promptly of the
918	referee's decision. The referee's decision is final unless
919	further review is initiated under paragraph (c) within 20 days
920	after the date of mailing notice of the decision to the party's
921	last known address or, in lieu of mailing, within 20 days after
922	the delivery of the notice.
923	(e)  Judicial review.-Orders of the commission entered
924	under paragraph (c) are subject to review only by notice of
925	appeal in the district court of appeal in the appellate district
926	in which a claimant resides or the job separation arose or in
927	the appellate district where the order was issued the issues
928	involved were decided by an appeals referee. However, if the
929	notice of appeal is filed solely with the commission, the appeal
930	shall be filed in the district court of appeal in the appellate
931	district in which the order was issued. Notwithstanding chapter
932	120, the commission is a party respondent to every such
933	proceeding. The Agency for Workforce Innovation may initiate
934	judicial review of orders in the same manner and to the same
935	extent as any other party.
936	Section 12.  Section (10) is added to section 443.171,
937	Florida Statutes, to read:
938	443.171  Agency for Workforce Innovation and commission;
939	powers and duties; records and reports; proceedings; state-
940	federal cooperation.-
941	(10)  EVIDENCE OF MAILING.-A mailing date on any notice,
942	determination, decision, order, or other document mailed by the
943	Agency for Workforce Innovation or its tax collection service
944	provider pursuant to this chapter creates a rebuttable
945	presumption that such notice, determination, order, or other
946	document was mailed on the date indicated.
947	Section 13.  Notwithstanding the expiration date contained
948	in section 1 of chapter 2010-90, Laws of Florida, operating
949	retroactive to June 2, 2010, and expiring January 4, 2012,
950	section 443.1117, Florida Statutes, is revived, readopted, and
951	amended to read:
952	443.1117  Temporary extended benefits.-
953	(1)  APPLICABILITY OF EXTENDED BENEFITS STATUTE.-Except if
954	the result is inconsistent with other provisions of this
955	section, s. 443.1115(2), (3), (4), (6), and (7) apply to all
956	claims covered by this section.
957	(2)  DEFINITIONS.-As used in For the purposes of this
958	section, the term:
959	(a)  "Regular benefits" and "extended benefits" have the
960	same meaning as in s. 443.1115.
961	(b)  "Eligibility period" means the weeks in an
962	individual's benefit year or emergency benefit period which
963	begin in an extended benefit period and, if the benefit year or
964	emergency benefit period ends within that extended benefit
965	period, any subsequent weeks beginning in that period.
966	(c)  "Emergency benefits" means Emergency Unemployment
967	Compensation paid pursuant to Pub. L. No. 110-252, Pub. L. No.
968	110-449, Pub. L. No. 111-5, Pub. L. No. 111-92, Pub. L. No. 111-
969	118, Pub. L. No. 111-144, and Pub. L. No. 111-157, Pub. L. No.
970	111-205, and Pub. L. No. 111-312.
971	(d)  "Extended benefit period" means a period that:
972	1.  Begins with the third week after a week for which there
973	is a state "on" indicator; and
974	2.  Ends with any of the following weeks, whichever occurs
975	later:
976	a.  The third week after the first week for which there is
977	a state "off" indicator; or
978	b.  The 13th consecutive week of that period.
979
980	However, an extended benefit period may not begin by reason of a
981	state "on" indicator before the 14th week after the end of a
982	prior extended benefit period that was in effect for this state.
983	(e)  "Emergency benefit period" means the period during
984	which an individual receives emergency benefits as defined in
985	paragraph (c).
986	(f)  "Exhaustee" means an individual who, for any week of
987	unemployment in her or his eligibility period:
988	1.  Has received, before that week, all of the regular
989	benefits and emergency benefits, if any, available under this
990	chapter or any other law, including dependents' allowances and
991	benefits payable to federal civilian employees and ex-
992	servicemembers under 5 U.S.C. ss. 8501-8525, in the current
993	benefit year or emergency benefit period that includes that
994	week. For the purposes of this subparagraph, an individual has
995	received all of the regular benefits and emergency benefits, if
996	any, available even if although, as a result of a pending appeal
997	for wages paid for insured work which were not considered in the
998	original monetary determination in the benefit year, she or he
999	may subsequently be determined to be entitled to added regular
1000	benefits;
1001	2.  Had a benefit year that which expired before that week,
1002	and was paid no, or insufficient, wages for insured work on the
1003	basis of which she or he could establish a new benefit year that
1004	includes that week; and
1005	3.a.  Has no right to unemployment benefits or allowances
1006	under the Railroad Unemployment Insurance Act or other federal
1007	laws as specified in regulations issued by the United States
1008	Secretary of Labor; and
1009	b.  Has not received and is not seeking unemployment
1010	benefits under the unemployment compensation law of Canada; but
1011	if an individual is seeking those benefits and the appropriate
1012	agency finally determines that she or he is not entitled to
1013	benefits under that law, she or he is considered an exhaustee.
1014	(g)  "State 'on' indicator" means, with respect to weeks of
1015	unemployment beginning on or after February 1, 2009, and ending
1016	on or before December 10, 2011 May 8, 2010, the occurrence of a
1017	week in which the average total unemployment rate, seasonally
1018	adjusted, as determined by the United States Secretary of Labor,
1019	for the most recent 3 months for which data for all states are
1020	published by the United States Department of Labor:
1021	1.  Equals or exceeds 110 percent of the average of those
1022	rates for the corresponding 3-month period ending in any or all
1023	each of the preceding 3 2 calendar years; and
1024	2.  Equals or exceeds 6.5 percent.
1025	(h)  "High unemployment period" means, with respect to
1026	weeks of unemployment beginning on or after February 1, 2009,
1027	and ending on or before December 10, 2011 May 8, 2010, any week
1028	in which the average total unemployment rate, seasonally
1029	adjusted, as determined by the United States Secretary of Labor,
1030	for the most recent 3 months for which data for all states are
1031	published by the United States Department of Labor:
1032	1.  Equals or exceeds 110 percent of the average of those
1033	rates for the corresponding 3-month period ending in any or all
1034	each of the preceding 3 2 calendar years; and
1035	2.  Equals or exceeds 8 percent.
1036	(i)  "State 'off' indicator" means the occurrence of a week
1037	in which there is no state "on" indicator or which does not
1038	constitute a high unemployment period.
1039	(3)  TOTAL EXTENDED BENEFIT AMOUNT.-Except as provided in
1040	subsection (4):
1041	(a)  For any week for which there is an "on" indicator
1042	pursuant to paragraph (2)(g), the total extended benefit amount
1043	payable to an eligible individual for her or his applicable
1044	benefit year is the lesser of:
1045	1.  Fifty percent of the total regular benefits payable
1046	under this chapter in the applicable benefit year; or
1047	2.  Thirteen times the weekly benefit amount payable under
1048	this chapter for a week of total unemployment in the applicable
1049	benefit year.
1050	(b)  For any high unemployment period, the total extended
1051	benefit amount payable to an eligible individual for her or his
1052	applicable benefit year is the lesser of:
1053	1.  Eighty percent of the total regular benefits payable
1054	under this chapter in the applicable benefit year; or
1055	2.  Twenty times the weekly benefit amount payable under
1056	this chapter for a week of total unemployment in the applicable
1057	benefit year.
1058	(4)  EFFECT ON TRADE READJUSTMENT.-Notwithstanding any
1059	other provision of this chapter, if the benefit year of an
1060	individual ends within an extended benefit period, the number of
1061	weeks of extended benefits the individual is entitled to receive
1062	in that extended benefit period for weeks of unemployment
1063	beginning after the end of the benefit year, except as provided
1064	in this section, is reduced, but not to below zero, by the
1065	number of weeks for which the individual received, within that
1066	benefit year, trade readjustment allowances under the Trade Act
1067	of 1974, as amended.
1068	Section 14.  The provisions of s. 443.1117, Florida
1069	Statutes, as revived, readopted, and amended by this act, apply
1070	only to claims for weeks of unemployment in which an exhaustee
1071	establishes entitlement to extended benefits pursuant to that
1072	section which are established for the period between June 2,
1073	2010, and January 4, 2012.
1074	Section 15.  If any provision of this act or its
1075	application to any person or circumstance is held invalid, the
1076	invalidity does not affect other provisions or applications of
1077	the act which can be given effect without the invalid provision
1078	or application, and to this end the provisions of this act are
1079	severable.
1080	Section 16.  Section 443.17161, Florida Statutes, is
1081	created to read:
1082	443.17161  Authorized electronic access to employer
1083	information.-
1084	(1)  Notwithstanding any other provision of this chapter,
1085	the Agency for Workforce Innovation shall contract with one or
1086	more consumer-reporting agencies to provide users with secured
1087	electronic access to employer-provided information relating to
1088	the quarterly wages report submitted in accordance with the
1089	state's unemployment compensation law. The access is limited to
1090	the wage reports for the appropriate amount of time for the
1091	purpose the information is requested.
1092	(2)  Users must obtain consent in writing or by electronic
1093	signature from an applicant for credit, employment, or other
1094	permitted purposes. Any written or electronic signature consent
1095	from an applicant must be signed and must include the following:
1096	(a)  Specific notice that information concerning the
1097	applicant's wage and employment history will be released to a
1098	consumer-reporting agency;
1099	(b)  Notice that the release is made for the sole purpose
1100	of reviewing the specific application for credit, employment, or
1101	other permitted purpose made by the applicant;
1102	(c)  Notice that the files of the Agency for Workforce
1103	Innovation or its tax collection service provider containing
1104	information concerning wage and employment history which is
1105	submitted by the applicant or his or her employers may be
1106	accessed; and
1107	(d)  A listing of the parties authorized to receive the
1108	released information.
1109	(3)  Consumer-reporting agencies and users accessing
1110	information under this section must safeguard the
1111	confidentiality of the information. A consumer-reporting agency
1112	or user may use the information only to support a single
1113	transaction for the user to satisfy its standard underwriting or
1114	eligibility requirements or for those requirements imposed upon
1115	the user, and to satisfy the user's obligations under applicable
1116	state or federal laws, rules, or regulations.
1117	(4)  If a consumer-reporting agency or user violates this
1118	section, the Agency for Workforce Innovation shall, upon 30 days
1119	written notice to the consumer-reporting agency, terminate the
1120	contract established between the Agency for Workforce Innovation
1121	and the consumer-reporting agency or require the consumer-
1122	reporting agency to terminate the contract established between
1123	the consumer-reporting agency and the user under this section.
1124	(5)  The Agency for Workforce Innovation shall establish
1125	minimum audit, security, net-worth, and liability-insurance
1126	standards, technical requirements, and any other terms and
1127	conditions considered necessary in the discretion of the state
1128	agency to safeguard the confidentiality of the information
1129	released under this section and to otherwise serve the public
1130	interest. The Agency for Workforce Innovation shall also
1131	include, in coordination with any necessary state agencies,
1132	necessary audit procedures to ensure that these rules are
1133	followed.
1134	(6)  In contracting with one or more consumer-reporting
1135	agencies under this section, any revenues generated by the
1136	contract must be used to pay the entire cost of providing access
1137	to the information. Further, in accordance with federal
1138	regulations, any additional revenues generated by the Agency for
1139	Workforce Innovation or the state under this section must be
1140	paid into the Administrative Trust Fund of the Agency for
1141	Workforce Innovation for the administration of the unemployment
1142	compensation system or be used as program income.
1143	(7)  The Agency for Workforce Innovation may not provide
1144	wage and employment history information to any consumer-
1145	reporting agency before the consumer-reporting agency or
1146	agencies under contract with the Agency for Workforce Innovation
1147	pay all development and other startup costs incurred by the
1148	state in connection with the design, installation, and
1149	administration of technological systems and procedures for the
1150	electronic-access program.
1151	(8)  The release of any information under this section must
1152	be for a purpose authorized by and in the manner permitted by
1153	the United States Department of Labor and any subsequent rules
1154	or regulations adopted by that department.
1155	(9)  As used in this section, the term:
1156	(a)  "Consumer-reporting agency" has the same meaning as
1157	that set forth in the Federal Fair Credit Reporting Act, 15
1158	U.S.C. s. 1681a.
1159	(b)  "Creditor" has the same meaning as that set forth in
1160	the Federal Fair Debt Collection Practices Act, 15 U.S.C. ss.
1161	1692 et seq.
1162	(c)  "User" means a creditor, employer, or other entity
1163	with a permissible purpose that is allowed under the Federal
1164	Fair Credit Reporting Act, 15 U.S.C. ss. 1681 et seq. to access
1165	the data contained in the wage reports though a consumer-
1166	reporting agency.
1167	Section 17.  There is appropriated to the Department of
1168	Revenue $9,600 of nonrecurring funds from the Federal Grants
1169	Trust Fund for Fiscal Year 2011-2012 to implement the provisions
1170	of this act. There is appropriated to the Agency for Workforce
1171	Innovation $9,600 of nonrecurring funds from Employment Security
1172	Trust Fund for Fiscal Year 2011-2012 to be used to contract with
1173	the Department of Revenue for services as required to implement
1174	this act. For the 2011-2012 fiscal year, the sum of $242,300 in
1175	nonrecurring funds is appropriated from the Operating Trust Fund
1176	to the Administration of Unemployment Compensation Tax Special
1177	Category in the Department of Revenue to be used to implement
1178	this act.
1179	Section 18.  The Legislature finds that this act fulfills
1180	an important state interest.
1181	Section 19.  Except as otherwise expressly provided in this
1182	act, this act shall take effect upon becoming a law.
1183

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