Bill Text: FL S0726 | 2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Reemployment Assistance Appeals Commission

Spectrum: Bipartisan Bill

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

Download: Florida-2014-S0726-Introduced.html

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       Florida Senate - 2014                                     SB 726
       
       
        
       By Senator Detert
       
       
       
       
       
       28-00857B-14                                           2014726__
    1                        A bill to be entitled                      
    2         An act relating to the Reemployment Assistance Appeals
    3         Commission; amending s. 443.012, F.S.; revising
    4         membership requirements of the commission; removing a
    5         provision requiring payment of a daily stipend for
    6         certain commissioners; providing an effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Section 443.012, Florida Statutes, is amended to
   11  read:
   12         443.012 Reemployment Assistance Appeals Commission.—
   13         (1) CREATION.—The Reemployment Assistance Appeals
   14  Commission There is created within the Division of Workforce
   15  Services of the Department of Economic Opportunity a
   16  Reemployment Assistance Appeals Commission. The commission is
   17  composed of a chair and two other members appointed by the
   18  Governor, subject to confirmation by the Senate. Only one
   19  appointee may be a representative of employers, as demonstrated
   20  by his or her previous vocation, employment, or affiliation; and
   21  only one appointee may be a representative of employees, as
   22  demonstrated by his or her previous vocation, employment, or
   23  affiliation.
   24         (2) MEMBERS.—
   25         (a) Except for the chair, the terms of the members serving
   26  as of July 1, 2014, shall expire on September 30, 2014.
   27  Beginning October 1, 2014, the commission shall be composed of
   28  nine members, consisting of the following:
   29         1. When the term of the chair serving as of July 1, 2014,
   30  expires, a chair, who shall be appointed by the Governor,
   31  subject to confirmation by the Senate, for a term of 4 years.
   32  The chair must have the qualifications required by law for a
   33  judge of the circuit court.
   34         2. Eight members appointed by the Governor, subject to
   35  confirmation by the Senate, for a term of 2 years,
   36  notwithstanding s. 20.052(4)(c). Four members shall be appointed
   37  from a list submitted by the President of the Senate which may
   38  include only members of the even-numbered regional workforce
   39  boards under s. 445.007(1). Four members shall be appointed from
   40  a list submitted by the Speaker of the House of Representatives
   41  which may include only members of the odd-numbered regional
   42  workforce boards under s. 445.007(1). Each list must include at
   43  least twice the number of persons as positions required to be
   44  filled. However, to stagger the terms of the initial
   45  appointments, two members appointed from the list submitted by
   46  the President of the Senate and two members appointed from the
   47  list submitted by the Speaker of the House of Representatives
   48  shall be appointed to a term of 1 year and may be reappointed
   49  for an additional term of 2 years.
   50         (b) Only one member may be appointed from an individual
   51  regional workforce board at a time. An individual regional
   52  workforce board may not be represented by an appointee more than
   53  once within a 6-year period.
   54         (c) A vacancy for the unexpired term of a member shall be
   55  filled in the same manner as the original appointment.
   56         (d)(a) The chair:
   57         1. Shall devote his or her entire time to commission duties
   58  and Is responsible for the administrative functions of the
   59  commission.
   60         2.(b) May The chair has authority to appoint a general
   61  counsel and other personnel to carry out the duties and
   62  responsibilities of the commission.
   63         3.(c) Shall devote his or her entire time to commission
   64  duties The chair must have the qualifications required by law
   65  for a judge of the circuit court and may not engage in any other
   66  business vocation or employment.
   67         4. Notwithstanding any other law, the chair shall be paid a
   68  salary equal to that paid under state law to a judge of the
   69  circuit court.
   70         (e)(d) The remaining members shall be paid a stipend of
   71  $100 for each day they are engaged in the work of the
   72  commission. The chair and other members are entitled to be
   73  reimbursed for travel expenses, as provided in s. 112.061.
   74         (e) The total salary of the chair and the travel expenses
   75  of the chair and other members each member of the commission
   76  shall be paid from the Employment Security Administration Trust
   77  Fund.
   78         (3) HEARINGS.—
   79         (a) The presence of four members, in addition to the chair,
   80  constitutes a quorum of the commission.
   81         (b) A member may not take part in a discussion,
   82  deliberation, or action on a matter in which he or she is an
   83  interested party or has a conflict of interest as defined in s.
   84  112.312.
   85         (2) The members of the commission shall be appointed to
   86  staggered terms of 4 years each. A vacancy for the unexpired
   87  term of a member shall be filled in the same manner as the
   88  original appointment. The presence of two members constitutes a
   89  quorum for any called meeting of the commission.
   90         (4)(3) AUTHORITY, POWERS, AND DUTIES.—The commission has
   91  all authority, powers, and duties, and responsibilities relating
   92  to reemployment assistance appeal proceedings under this
   93  chapter.
   94         (a)(4) The property, personnel, and appropriations relating
   95  to the specified authority, powers, and duties, and
   96  responsibilities of the commission shall be provided to the
   97  commission by the Department of Economic Opportunity.
   98         (5) The commission is not subject to control, supervision,
   99  or direction by the Department of Economic Opportunity in
  100  performing its powers or duties under this chapter.
  101         (b)(6) The commission may do any of the following:
  102         1. Make expenditures, including expenditures for personal
  103  services and rent, for law books, books of reference,
  104  periodicals, furniture, equipment, and supplies, and for
  105  printing and binding as necessary in exercising its authority
  106  and powers and carrying out its duties and responsibilities. All
  107  such expenditures of the commission shall be allowed and paid as
  108  provided in s. 443.211 upon the presentation of itemized
  109  vouchers approved by the chair.
  110         2.(7) The commission may Charge fees for publications,
  111  subscriptions, and copies of records and documents. These fees
  112  must be deposited into in the Employment Security Administration
  113  Trust Fund.
  114         3. Adopt rules under ss. 120.536(1) and 120.54 to
  115  administer the provisions of law conferring duties upon it.
  116         (c)(8) The commission shall do all of the following:
  117         1. Maintain and keep open during reasonable business hours
  118  an office in Tallahassee for the purpose of transacting its
  119  business, at which office the commission shall keep its official
  120  records and papers. The offices shall be furnished and equipped
  121  by the commission. The commission may hold sessions and conduct
  122  hearings at any place within the state.
  123         2.(9) The commission shall Prepare and submit a budget
  124  covering the necessary administrative cost of the commission.
  125         3.(10) The commission shall Have a seal for authenticating
  126  its orders, awards, and proceedings, upon which shall be
  127  inscribed the words “State of Florida–Reemployment Assistance
  128  Appeals Commission–Seal,” and it shall be judicially noticed.
  129         (11) The commission has authority to adopt rules under ss.
  130  120.536(1) and 120.54 to administer the provisions of law
  131  conferring duties upon it.
  132         (d)(12) Orders of the commission relating to reemployment
  133  assistance under this chapter are subject to review only by
  134  notice of appeal to the district courts of appeal in the manner
  135  provided in s. 443.151(4)(e).
  136         Section 2. This act shall take effect July 1, 2014.