Bill Text: FL S0728 | 2011 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Unemployment Compensation
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-05-03 - Read 2nd time -SJ 758 [S0728 Detail]
Download: Florida-2011-S0728-Comm_Sub.html
Bill Title: Unemployment Compensation
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-05-03 - Read 2nd time -SJ 758 [S0728 Detail]
Download: Florida-2011-S0728-Comm_Sub.html
Florida Senate - 2011 CS for SB 728 By the Committee on Commerce and Tourism; and Senator Detert 577-02013-11 2011728c1 1 A bill to be entitled 2 An act relating to unemployment compensation; amending 3 s. 213.053, F.S.; increasing the number of employer 4 payroll service providers who qualify for access to 5 unemployment tax information by filing a memorandum of 6 understanding; amending s. 443.036, F.S.; revising the 7 definitions for “available for work,” “earned income,” 8 “misconduct,” and “unemployment”; adding a definition 9 for “initial skills review”; amending s. 443.091, 10 F.S.; revising requirements for making continued 11 claims for benefits; requiring that an individual 12 claiming benefits report certain information and 13 participate in an initial skills review; providing an 14 exception; specifying criteria for determining an 15 applicant’s availability for work; amending s. 16 443.101, F.S.; clarifying “good cause” for voluntarily 17 leaving employment; specifying acts that are “gross 18 misconduct” for purposes of discharging an employee 19 and disqualifying him or her for benefits; revising 20 the criteria for determining suitable work to reduce 21 the number of weeks a person may receive benefits 22 before having to accept a job that pays a certain 23 amount; disqualifying a person for benefits due to the 24 receipt of severance pay; revising provisions relating 25 to the effect of criminal acts on eligibility for 26 benefits; disqualifying an individual for benefits for 27 any week he or she is incarcerated; amending s. 28 443.111, F.S.; conforming provisions to changes made 29 by the act; amending s. 443.1115, F.S.; conforming 30 cross-references; reviving, readopting, and amending 31 s. 443.1117, F.S., relating to temporary extended 32 benefits; providing for retroactive application; 33 providing for applicability relating to extended 34 benefits for certain weeks and for periods of high 35 unemployment; providing for applicability; amending s. 36 443.1216, F.S.; providing that employee leasing 37 companies may make a one-time election to report 38 leased employees under the respective unemployment 39 account of each leasing company client; providing 40 procedures and application for such election; 41 conforming a cross-reference; amending s. 443.141, 42 F.S.; providing an employer payment schedule for 2012, 43 2013, and 2014 contributions; requiring an employer to 44 pay a fee for paying contributions on a quarterly 45 schedule; providing penalties, interest, and fees on 46 delinquent contributions; amending s. 443.151, F.S.; 47 requiring claims to be submitted by electronic means; 48 conforming cross-references; specifying the allowable 49 forms of evidence in an appeal hearing; specifying the 50 judicial venue for filing a notice of appeal; 51 providing for repayment of benefits in cases of agency 52 error; amending s. 443.171, F.S.; specifying that 53 evidence of mailing an agency document creates a 54 rebuttable presumption; providing that the act 55 fulfills an important state interest; providing 56 effective dates. 57 58 Be It Enacted by the Legislature of the State of Florida: 59 60 Section 1. Subsection (4) of section 213.053, Florida 61 Statutes, as amended by chapter 2010-280, Laws of Florida, is 62 amended to read: 63 213.053 Confidentiality and information sharing.— 64 (4) The department, while providing unemployment tax 65 collection services under contract with the Agency for Workforce 66 Innovation through an interagency agreement pursuant to s. 67 443.1316, may release unemployment tax rate information to the 68 agent of an employer,whichagentprovides payroll services for 69 more than 100500employers, pursuant to the terms of a 70 memorandum of understanding. The memorandum of understanding 71 must state that the agent affirms, subject to the criminal 72 penalties contained in ss. 443.171 and 443.1715, that the agent 73 will retain the confidentiality of the information, that the 74 agent has in effect a power of attorney from the employer which 75 permits the agent to obtain unemployment tax rate information, 76 and that the agent shall provide the department with a copy of 77 the employer’s power of attorney upon request. 78 Section 2. Effective July 1, 2011, present subsections (26) 79 through (45) of section 443.036, Florida Statutes, are 80 redesignated as subsection (27) through (46) respectively, new 81 subsection (26) is added to that section, and present 82 subsections (6), (9), (16), (29), and (43) of that section are 83 amended, to read: 84 443.036 Definitions.—As used in this chapter, the term: 85 (6) “Available for work” means actively seeking and being 86 ready and willing to accept suitable workemployment. 87 (9) “Benefit year” means, for an individual, the 1-year 88 period beginning with the first day of the first week for which 89 the individual first files a valid claim for benefits and, 90 thereafter, the 1-year period beginning with the first day of 91 the first week for which the individual next files a valid claim 92 for benefits after the termination of his or her last preceding 93 benefit year. Each claim for benefits made in accordance with s. 94 443.151(2) is a valid claimunder this subsectionif the 95 individual was paid wages for insured work in accordance with s. 96 443.091(1)(g) and is unemployedas defined in subsection (43)at 97 the time of filing the claim. However, the Agency for Workforce 98 Innovation may adopt rules providing for the establishment of a 99 uniform benefit year for all workers in one or more groups or 100 classes of service or within a particular industry if the agency 101 determines, after notice to the industry and to the workers in 102 the industry and an opportunity to be heard in the matter, that 103 those groups or classes of workers in a particular industry 104 periodically experience unemployment resulting from layoffs or 105 shutdowns for limited periods of time. 106 (16) “Earned income” means gross remuneration derived from 107 work, professional service, or self-employment. The term 108 includes commissions, bonuses, back pay awards or back pay 109 settlements, front pay or front wages, and the cash value of all 110 remuneration paid in a medium other than cash. The term does not 111 include income derived from invested capital or ownership of 112 property. 113 (26) “Initial skills review” means an online education or 114 training program, such as that established under s. 1004.99, 115 which is approved by the Agency for Workforce Innovation and 116 designed to measure an individual’s mastery level of workplace 117 skills. 118 (30)(29)“Misconduct” includes, but is not limited to, the 119 following, which may not be construed in pari materia with each 120 other: 121 (a) Conduct demonstrating consciouswillful or wanton122 disregard of an employer’s interests and found to be a 123 deliberate violation or disregard of reasonablethestandards of 124 behavior which the employer has a right to expect of his or her 125 employee, including standards lawfully set forth in the 126 employer’s written rules of conduct; or 127 (b) Carelessness or negligence to a degree or recurrence 128 that manifests culpability or,wrongful intent,or evil design129 or shows an intentional and substantial disregard of the 130 employer’s interests or of the employee’s duties and obligations 131 to his or her employer. 132 (44)(43)“Unemployment” or “unemployed” means: 133 (a) An individual is “totally unemployed” in any week 134 during which he or she does not perform any services and for 135 which earned income is not payable to him or her. An individual 136 is “partially unemployed” in any week of less than full-time 137 work if the earned income payable to him or her for that week is 138 less than his or her weekly benefit amount. The Agency for 139 Workforce Innovation may adopt rules prescribing distinctions in 140 the procedures for unemployed individuals based on total 141 unemployment, part-time unemployment, partial unemployment of 142 individuals attached to their regular jobs, and other forms of 143 short-time work. 144 (b) An individual’s week of unemployment commences only 145 afterhis or herregistration with the Agency for Workforce 146 Innovation as required in s. 443.091, except as the agency may147otherwise prescribe by rule. 148 Section 3. Effective July 1, 2011, paragraphs (b), (c), 149 (d), and (f) of subsection (1) of section 443.091, Florida 150 Statutes, are amended to read: 151 443.091 Benefit eligibility conditions.— 152 (1) An unemployed individual is eligible to receive 153 benefits for any week only if the Agency for Workforce 154 Innovation finds that: 155 (b) She or he has registered with the agency for work and 156 subsequently reports to the one-stop career center as directed 157 by the regional workforce board for reemployment services. This 158 requirement does not apply to persons who are: 159 1. Non-Florida residents; 160 2. On a temporary layoff, as defined in s.443.036(42); 161 3. Union members who customarily obtain employment through 162 a union hiring hall; or 163 4. Claiming benefits under an approved short-time 164 compensation plan as provided in s. 443.1116. 165 (c) To make continued claims for benefits, she or he is 166 reporting to the Agency for Workforce Innovation in accordance 167 with this paragraph and agencyitsrules, and participating in 168 an initial skills review as directed by the agency. AgencyThese169 rules may not conflict with s. 443.111(1)(b), which requires 170including the requirementthat each claimant continue to report 171 regardless of any pending appeal relating to her or his 172 eligibility or disqualification for benefits. 173 1. For each week of unemployment claimed, each report must, 174 at a minimum, include the name, address, and telephone number of 175 each prospective employer contacted pursuant to paragraph (d). 176 2. The administrator or operator of the initial skills 177 review shall notify the agency when the individual completes the 178 initial skills review and report the results of the review to 179 the regional workforce board or the one-stop career center as 180 directed by the workforce board. The workforce board shall use 181 the initial skills review to develop a plan for referring 182 individuals to training and employment opportunities. The 183 failure of the individual to comply with this requirement will 184 result in the individual being determined ineligible for 185 benefits for the week in which the noncompliance occurred and 186 for any subsequent week of unemployment until the requirement is 187 satisfied. However, this requirement does not apply if the 188 individual is able to affirmatively attest to being unable to 189 complete such review due to illiteracy or a language impediment. 190 (d) She or he is able to work and is available for work. In 191 order to assess eligibility for a claimed week of unemployment, 192 the agency shall develop criteria to determine a claimant’s 193 ability to work and availability for work. A claimant must be 194 actively seeking work in order to be considered available for 195 work. This means engaging in systematic and sustained efforts to 196 find work, including contacting at least five prospective 197 employers for each week of unemployment claimed. The agency may 198 require the claimant to provide proof of such efforts to the 199 one-stop career center as part of reemployment services. The 200 agency shall conduct random reviews of work search information 201 provided by claimants. However: 202 1. Notwithstanding any other provision of this paragraph or 203 paragraphs (b) and (e), an otherwise eligible individual may not 204 be denied benefits for any week because she or he is in training 205 with the approval of the agency, or by reason of s. 443.101(3) 206443.101(2)relating to failure to apply for, or refusal to 207 accept, suitable work. Training may be approved by the agency in 208 accordance with criteria prescribed by rule. A claimant’s 209 eligibility during approved training is contingent upon 210 satisfying eligibility conditions prescribed by rule. 211 2. Notwithstanding any other provision of this chapter, an 212 otherwise eligible individual who is in training approved under 213 s. 236(a)(1) of the Trade Act of 1974, as amended, may not be 214 determined ineligible or disqualified for benefits due toher or215hisenrollment in such training or because of leaving work that 216 is not suitable employment to enter such training. As used in 217 this subparagraph, the term “suitable employment” means work of 218 a substantially equal or higher skill level than the worker’s 219 past adversely affected employment, as defined for purposes of 220 the Trade Act of 1974, as amended, the wages for which are at 221 least 80 percent of the worker’s average weekly wage as 222 determined for purposes of the Trade Act of 1974, as amended. 223 3. Notwithstanding any other provision of this section, an 224 otherwise eligible individual may not be denied benefits for any 225 week because she or he is before any state or federal court 226 pursuant to a lawfully issued summons to appear for jury duty. 227 (f) She or he has been unemployed for a waiting period of 1 228 week. A week may not be counted as a week of unemployment under 229 this subsection unless: 230 1.UnlessIt occurs within the benefit year that includes 231 the week for which she or he claims payment of benefits. 232 2.IfBenefits have been paid for that week. 233 3.UnlessThe individual was eligible for benefits for that 234 week as provided in this section and s. 443.101, except for the 235 requirements of this subsection andofs. 443.101(6)443.101(5). 236 Section 4. Effective July 1, 2011, paragraph (a) of 237 subsection (1) and present subsections (2), (3), (9), and (11) 238 of section 443.101, Florida Statutes, are amended, present 239 subsections (2) through (11) of that section are redesignated as 240 subsections (3) through (13), respectively, and new subsections 241 (2) and (12) are added to that section, to read: 242 443.101 Disqualification for benefits.—An individual shall 243 be disqualified for benefits: 244 (1)(a) For the week in which he or she has voluntarily left 245 work without good cause attributable to his or her employing 246 unit orin which the individualhas been discharged by the 247 employing unit for misconduct connected with his or her work, 248 based on a finding by the Agency for Workforce Innovation. As 249 used in this paragraph, the term “work” means any work, whether 250 full-time, part-time, or temporary. 251 1. Disqualification for voluntarily quitting continues for 252 the full period of unemployment next ensuing after the 253 individual has left his or her full-time, part-time, or 254 temporary work voluntarily without good cause and until the 255 individual has earned income equal to or greater thanin excess256of17 times his or her weekly benefit amount. As used in this 257 subsection, the term “good cause” includes only that cause 258 attributable to the employing unit which would compel a 259 reasonable individual to cease working or attributable towhich260consists ofthe individual’s illness or disability requiring 261 separation from his or her work. Any other disqualification may 262 not be imposed. An individual is not disqualifiedunder this263subsectionfor voluntarily leaving temporary work to return 264 immediately when called to work by the permanent employing unit 265 that temporarily terminated his or her work within the previous 266 6 calendar months, or. An individual is not disqualified under267this subsectionfor voluntarily leaving work to relocate as a 268 result of his or her military-connected spouse’s permanent 269 change of station orders, activation orders, or unit deployment 270 orders. 271 2. Disqualification for being discharged for misconduct 272 connected with his or her work continues for the full period of 273 unemployment next ensuing after having been discharged and until 274 the individual is reemployed and has earned income of at least 275 17 times his or her weekly benefit amount and for not more than 276 52 weeksthatimmediately followingfollowthat week, as 277 determined by the agency in each case according to the 278 circumstancesin each caseor the seriousness of the misconduct, 279 under the agency’s rules adopted for determiningdeterminations280ofdisqualification for benefits for misconduct. 281 3. If an individual has provided notification to the 282 employing unit of his or her intent to voluntarily leave work 283 and the employing unit discharges the individual for reasons 284 other than misconduct before the date the voluntary quit was to 285 take effect, the individual, if otherwise entitled, shall 286 receive benefits from the date of the employer’s discharge until 287 the effective date of his or her voluntary quit. 288 4. If an individual is notified by the employing unit of 289 the employer’s intent to discharge the individual for reasons 290 other than misconduct and the individual quits without good 291 cause, as defined in this section,before the date the discharge 292 was to take effect, the claimant is ineligible for benefits 293 pursuant to s. 443.091(1)(d) for failing to be available for 294 work for the week or weeks of unemployment occurring before the 295 effective date of the discharge. 296 (2) For the week the individual has been discharged by the 297 employing unit for gross misconduct, based on a finding by the 298 Agency for Workforce Innovation. Disqualification for being 299 discharged for gross misconduct continues for the full period of 300 unemployment next ensuing after having been discharged and until 301 the individual is reemployed and has earned income of at least 302 17 times his or her weekly benefit amount. As used in this 303 subsection, the term “gross misconduct” means any of the 304 following: 305 (a) Willful or reckless damage to an employer’s property 306 which results in damage of more than $50. 307 (b) Theft of the property of an employer, a customer, or an 308 invitee of the employer. 309 (c) Violation of an employer’s policy relating to the 310 consumption of alcohol or drugs on the employer property, being 311 under the influence of alcohol or drugs on employer property, or 312 using alcohol or drugs while on the job or on duty. As used in 313 this paragraph, the term “alcohol or drugs” has the same meaning 314 as in s. 440.102(1)(c). 315 (d) Failure to comply with an employer’s drug and alcohol 316 testing and use policies while on the job or on duty. 317 (e) Failure to comply with applicable state or federal drug 318 and alcohol testing and use regulations, including, but not 319 limited to, 49 C.F.R. part 40 and part 382 of the Federal Motor 320 Carrier Safety Regulations, while on the job or on duty, and 321 regulations applicable to employees performing transportation 322 and other safety-sensitive job functions as defined by the 323 Federal Government. 324 (f) Criminal assault or battery of another employee or of a 325 customer or invitee of the employer. 326 (g) Abuse of a patient, resident, disabled person, elderly 327 person, or child in her or his professional care. 328 (h) Insubordination, which is defined as the willful 329 failure to comply with a lawful, reasonable order of a 330 supervisor which is directly related to the employee’s 331 employment as described in an applicable written job 332 description, the written rules of conduct, or other lawful 333 directive of the employer. The employee must have received at 334 least one written warning from the employer before being 335 discharged from employment. 336 (i) Willful neglect of duty directly related to the 337 employee’s employment as described in an applicable written job 338 description or written rules of conduct. The employee must have 339 received at least one written warning from the employer before 340 being discharged from employment. 341 (j) Failure to maintain a license, registration, or 342 certification required by law in order for the employee to 343 perform her or his assigned job duties as described in an 344 written job description. 345 (3)(2)If the Agency for Workforce Innovation finds that 346 the individual has failed without good cause to apply for 347 available suitable workwhen directed by the agency or the one348stop career center, to accept suitable work when offered to him 349 or her, or to return to the individual’s customary self 350 employment when directed by the agency, the disqualification 351 continues for the full period of unemployment next ensuing after 352 he or she failed without good cause to apply for available 353 suitable work, to accept suitable work, or to return to his or 354 her customary self-employment,under this subsection,and until 355 the individual has earned income of at least 17 times his or her 356 weekly benefit amount. The Agency for Workforce Innovation shall 357 by rule adopt criteria for determining the “suitability of 358 work,” as used in this section.The agency for Workforce359InnovationIn developing these rules, the agency shall consider 360 the duration of a claimant’s unemployment in determining the 361 suitability of work and the suitability of proposed rates of 362 compensation for available work. Further, after an individual 363 has received 1925weeks of benefits in a single year, suitable 364 work is a job that pays the minimum wage and is 120 percent or 365 more of the weekly benefit amount the individual is drawing. 366 (a) In determining whether or not any work is suitable for 367 an individual, the agencyfor Workforce Innovationshall 368 consider the degree of riskinvolvedto the individual’shis or369herhealth, safety, and morals; the individual’shis or her370 physical fitness,andprior training,; the individual’s371 experience,andprior earnings,; his or herlength of 372 unemployment, and prospects for securing local work in his or 373 her customary occupation; and the distance of the available work 374 from his or her residence. 375 (b) Notwithstanding any other provisions of this chapter, 376 work is not deemed suitable and benefits may not be deniedunder377this chapterto any otherwise eligible individual for refusing 378 to accept new work under any of the following conditions: 379 1.IfThe position offered is vacant due directly to a 380 strike, lockout, or other labor dispute. 381 2.IfThe wages, hours, or other conditions of the work 382 offered are substantially less favorable to the individual than 383 those prevailing for similar work in the locality. 384 3.IfAs a condition of being employed, the individual is 385would berequired to join a company union or to resign from or 386 refrain from joining any bona fide labor organization. 387 (c) If the agencyfor Workforce Innovationfinds that an 388 individual was rejected for offered employment as the direct 389 result of a positive, confirmed drug test required as a 390 condition of employment, the individual is disqualified for 391 refusing to accept an offer of suitable work. 392 (4)(3)For any week with respect to which he or she is 393 receiving or has received remuneration in the form of: 394 (a) Wages in lieu of notice. 395 (b) Severance pay. The number of weeks that an individual’s 396 severance pay disqualifies the individual is equal to the amount 397 of the severance pay divided by the individual’s average weekly 398 wage received from the employer that paid the severance pay, 399 rounded down to the nearest whole number, beginning with the 400 week the individual separated from that employer. 401 (c)(b)1.Compensation for temporary total disability or 402 permanent total disability under the workers’ compensation law 403 of any state or under a similar law of the United States. 404 4052.However, if the remuneration referred to in paragraphs (a), 406and(b), and (c) is less than the benefits that would otherwise 407 be due under this chapter, an individual who is otherwise 408 eligiblehe or sheis entitled to receive for that week, if409otherwise eligible,benefits reduced by the amount of the 410 remuneration. 411 (10)(9)If the individual was terminated fromhis or her412 workfor violation of any criminal law punishable by413imprisonment, or for any dishonest act, in connection with his414or her work, as follows: 415 (a) If the Agency for Workforce Innovation or the 416 Unemployment Appeals Commission finds that the individual was 417 terminated fromhis or herwork for violation of any criminal 418 law, under any jurisdiction, which waspunishable by419imprisonmentin connection with his or her work or affected his 420 or her ability to perform work, and the individual was 421 convicted, or entered a plea of guilty or nolo contenderefound422guilty of the offense, made an admission of guilt in a court of423law, or entered a plea of no contest, the individual is not 424 entitled to unemployment benefits for up to 52 weeks, pursuant 425 tounderrules adopted by the agencyfor Workforce Innovation, 426 and until he or she has earned income of at least 17 times his 427 or her weekly benefit amount. If, before an adjudication of 428 guilt, an admission of guilt, or a plea of nolo contendereno429contest, the employer proves by competent, substantial evidence 430 toshowsthe agencyfor Workforce Innovationthat the arrest was 431 due to a crime against the employer or the employer’s business, 432 customers, or inviteesand, after considering all the evidence,433the Agency for Workforce Innovation finds misconduct in434connection with the individual’s work, the individual is not 435 entitled to unemployment benefits. 436 (b) If the Agency for Workforce Innovation or the 437 Unemployment Appeals Commission finds that the individual was 438 terminated from work for any dishonest act in connection with 439 his or her work, the individual is not entitled to unemployment 440 benefits for up to 52 weeks, pursuant tounderrules adopted by 441 the agencyfor Workforce Innovation, and until he or she has 442 earned income of at least 17 times his or her weekly benefit 443 amount.In addition,If the employer terminates an individual as 444 a result of a dishonest act in connection with his or her work 445 and the agencyfor Workforce Innovationfinds misconduct in 446 connection with his or her work, the individual is not entitled 447 to unemployment benefits. 448 449 IfWith respect toan individual is disqualified for benefits, 450 the account of the terminating employer, if the employer is in 451 the base period, is noncharged at the time the disqualification 452 is imposed. 453 (12) For any week in which the individual is unavailable 454 for work due to incarceration or imprisonment. 455 (13)(11)If an individual is discharged from employment for 456 drug use as evidenced by a positive, confirmed drug test as 457 provided in paragraph (1)(d), or is rejected for offered 458 employment because of a positive, confirmed drug test as 459 provided in paragraph (3)(c)(2)(c), test results and chain of 460 custody documentation provided to the employer by a licensed and 461 approved drug-testing laboratory is self-authenticating and 462 admissible in unemployment compensation hearings, and such 463 evidence creates a rebuttable presumption that the individual 464 used, or was using, controlled substances, subject to the 465 followingconditions: 466 (a) To qualify for the presumptiondescribed in this467subsection, an employer must have implemented a drug-free 468 workplace program under ss. 440.101 and 440.102,andmustsubmit 469 proof that the employer has qualified for the insurance 470 discounts provided under s. 627.0915, as certified by the 471 insurance carrier or self-insurance unit. In lieu of these 472 requirements, an employer who does not fit the definition of 473 “employer” in s. 440.102 may qualify for the presumption if the 474 employer is in compliance with equivalent or more stringent 475 drug-testing standards established by federal law or regulation. 476 (b) Only laboratories licensed and approved as provided in 477 s. 440.102(9), or as provided by equivalent or more stringent 478 licensing requirements established by federal law or regulation 479 may perform the drug tests. 480 (c) Disclosure of drug test results and other information 481 pertaining to drug testing of individuals who claim or receive 482 compensation under this chapter isshall begoverned by s. 483 443.1715. 484 Section 5. Effective July 1, 2011, paragraph (b) of 485 subsection (1) of section 443.111, Florida Statutes, is amended 486 to read: 487 443.111 Payment of benefits.— 488 (1) MANNER OF PAYMENT.—Benefits are payable from the fund 489 in accordance with rules adopted by the Agency for Workforce 490 Innovation, subject to the following requirements: 491 (b) As required under s. 443.091(1), each claimant must 492 reportin the manner prescribed by the agency for Workforce493Innovation to certify for benefits that are paid and must494continue to reportat least biweekly to receive unemployment 495 benefits and to attest to the fact that she or he is able and 496 available for work, has not refused suitable work, is seeking 497 work and has contacted at least five prospective employers for 498 each week of unemployment claimed, and, if she or he has worked, 499 to report earnings from that work. Each claimant must continue 500 to report regardless of any appeal or pending appeal relating to 501 her or his eligibility or disqualification for benefits. 502 Section 6. Effective July 1, 2011, paragraph (c) of 503 subsection (3) of section 443.1115, Florida Statutes, is amended 504 to read: 505 443.1115 Extended benefits.— 506 (3) ELIGIBILITY REQUIREMENTS FOR EXTENDED BENEFITS.— 507 (c)1. An individual is disqualified from receiving extended 508 benefits if the Agency for Workforce Innovation finds that, 509 during any week of unemployment in her or his eligibility 510 period: 511 a. She or he failed to apply for suitable work or, if 512 offered, failed to accept suitable work, unless the individual 513 can furnish to the agency satisfactory evidence that her or his 514 prospects for obtaining work in her or his customary occupation 515 within a reasonably short period are good. If this evidence is 516 deemed satisfactoryfor this purpose, the determination of 517 whether any work is suitable for the individual shall be made in 518 accordance with the definition of suitable work in s. 443.101(3) 519443.101(2). This disqualification begins with the week the 520 failure occurred and continues until she or he is employed for 521 at least 4 weeks and receives earned income of at least 17 times 522 her or his weekly benefit amount. 523 b. She or he failed to furnish tangible evidence that she 524 or he actively engaged in a systematic and sustained effort to 525 find work. This disqualification begins with the week the 526 failure occurred and continues until she or he is employed for 527 at least 4 weeks and receives earned income of at least 4 times 528 her or his weekly benefit amount. 529 2. Except as otherwise provided in sub-subparagraph 1.a., 530 as used in this paragraph, the term “suitable work” means any 531 work within the individual’s capabilities to perform, if: 532 a. The gross average weekly remuneration payable for the 533 work exceeds the sum of the individual’s weekly benefit amount 534 plus the amount, if any, of supplemental unemployment benefits, 535 as defined in s. 501(c)(17)(D) of the Internal Revenue Code of 536 1954, as amended, payable to the individual for that week; 537 b. The wages payable for the work equal the higher of the 538 minimum wages provided by s. 6(a)(1) of the Fair Labor Standards 539 Act of 1938, without regard to any exemption, or the state or 540 local minimum wage; and 541 c. The work otherwise meets the definition of suitable work 542 in s. 443.101(3)443.101(2)to the extent that the criteria for 543 suitability are not inconsistent with this paragraph. 544 Section 7. Notwithstanding the expiration date contained in 545 section 1 of chapter 2010-90, Laws of Florida, operating 546 retroactive to December 17, 2010, and expiring January 4, 2012, 547 section 443.1117, Florida Statutes, is revived, readopted, and 548 amended to read: 549 443.1117 Temporary extended benefits.— 550 (1) APPLICABILITY OF EXTENDED BENEFITS STATUTE.—Except if 551 the result is inconsistent withtheother provisions of this 552 section, s. 443.1115(2), (3), (4), (6), and (7) apply to all 553 claims covered by this section. 554 (2) DEFINITIONS.—As used inFor the purposes ofthis 555 section, the term: 556 (a) “Regular benefits” and “extended benefits” have the 557 same meaning as in s. 443.1115. 558 (b) “Eligibility period” means the weeks in an individual’s 559 benefit year or emergency benefit period which begin in an 560 extended benefit period and, if the benefit year or emergency 561 benefit period ends within that extended benefit period, any 562 subsequent weeks beginning in that period. 563 (c) “Emergency benefits” means Emergency Unemployment 564 Compensation paid pursuant to Pub. L. No. 110-252, Pub. L. No. 565 110-449, Pub. L. No. 111-5, Pub. L. No. 111-92,andPub. L. No. 566 111-118, Pub. L. No. 111-144,andPub. L. No. 111-157, Pub. L. 567 No. 111-205, and Pub. L. No. 111-312. 568 (d) “Extended benefit period” means a period that: 569 1. Begins with the third week after a week for which there 570 is a state “on” indicator; and 571 2. Ends with any of the following weeks, whichever occurs 572 later: 573 a. The third week after the first week for which there is a 574 state “off” indicator; 575 b. The 13th consecutive week of that period. 576 577 However, an extended benefit period may not begin by reason of a 578 state “on” indicator before the 14th week after the end of a 579 prior extended benefit period that was in effect for this state. 580 (e) “Emergency benefit period” means the period during 581 which an individual receives emergency benefitsas defined in582paragraph (c). 583 (f) “Exhaustee” means an individual who, for any week of 584 unemployment in her or his eligibility period: 585 1. Has received, before that week, all of the regular 586 benefits and emergency benefits, if any, available under this 587 chapter or any other law, including dependents’ allowances and 588 benefits payable to federal civilian employees and ex 589 servicemembers under 5 U.S.C. ss. 8501-8525, in the current 590 benefit year or emergency benefit period that includes that 591 week. For the purposes of this subparagraph, an individual has 592 received all of the regular benefits and emergency benefits, if 593 any, available even ifalthough, as a result of a pending appeal 594 for wages paid for insured work which were not considered in the 595 original monetary determination in the benefit year, she or he 596 may subsequently be determined to be entitled to added regular 597 benefits; 598 2. Had a benefit year thatwhichexpired before that week, 599 and was paid no, or insufficient, wages for insured work on the 600 basis of which she or he could establish a new benefit year that 601 includes that week; and 602 3.a. Has no right to unemployment benefits or allowances 603 under the Railroad Unemployment Insurance Act or other federal 604 laws as specified in regulations issued by the United States 605 Secretary of Labor; and 606 b. Has not received and is not seeking unemployment 607 benefits under the unemployment compensation law of Canada; but 608 if an individual is seeking those benefits and the appropriate 609 agency finally determines that she or he is not entitled to 610 benefits under that law, she or he is considered an exhaustee. 611 (g) “State ‘on’ indicator” means, with respect to weeks of 612 unemploymentbeginning on or after February 1, 2009, andending 613 on or before December 10, 2011May 8, 2010, the occurrence of a 614 week in which the average total unemployment rate, seasonally 615 adjusted, as determined by the United States Secretary of Labor, 616 for the most recent 3 months for which data for all states are 617 published by the United States Department of Labor: 618 1. Equals or exceeds 110 percent of the average of those 619 rates for the corresponding 3-month period ending in any or all 620eachof the preceding 32calendar years; and 621 2. Equals or exceeds 6.5 percent. 622 (h) “High unemployment period” means, with respect to weeks 623 of unemploymentbeginning on or after February 1, 2009, and624 ending on or before December 10, 2011May 8, 2010, any week in 625 which the average total unemployment rate, seasonally adjusted, 626 as determined by the United States Secretary of Labor, for the 627 most recent 3 months for which data for all states are published 628 by the United States Department of Labor: 629 1. Equals or exceeds 110 percent of the average of those 630 rates for the corresponding 3-month period ending in any or all 631eachof the preceding 32calendar years; and 632 2. Equals or exceeds 8 percent. 633 (i) “State ‘off’ indicator” means the occurrence of a week 634 in which there is no state “on” indicator or which does not 635 constitute a high unemployment period. 636 (3) TOTAL EXTENDED BENEFIT AMOUNT.—Except as provided in 637 subsection (4): 638 (a) For any week for which there is an “on” indicator 639 pursuant to paragraph (2)(g), the total extended benefit amount 640 payable to an eligible individual for her or his applicable 641 benefit year is the lesser of: 642 1. Fifty percent of the total regular benefits payable 643 under this chapter in the applicable benefit year; or 644 2. Thirteen times the weekly benefit amount payable under 645 this chapter for a week of total unemployment in the applicable 646 benefit year. 647 (b) For any high unemployment period, the total extended 648 benefit amount payable to an eligible individual for her or his 649 applicable benefit year is the lesser of: 650 1. Eighty percent of the total regular benefits payable 651 under this chapter in the applicable benefit year; or 652 2. Twenty times the weekly benefit amount payable under 653 this chapter for a week of total unemployment in the applicable 654 benefit year. 655 (4) EFFECT ON TRADE READJUSTMENT.—Notwithstanding any other 656 provision of this chapter, if the benefit year of an individual 657 ends within an extended benefit period, the number of weeks of 658 extended benefits the individual is entitled to receive in that 659 extended benefit period for weeks of unemployment beginning 660 after the end of the benefit year, except as provided in this 661 section, is reduced, but not to below zero, by the number of 662 weeks for which the individual received, within that benefit 663 year, trade readjustment allowances under the Trade Act of 1974, 664 as amended. 665 Section 8. The provisions of s. 443.1117, Florida Statutes, 666 as revived, readopted, and amended by this act, apply only to 667 claims for weeks of unemployment in which an exhaustee 668 establishes entitlement to extended benefits pursuant to that 669 section which are established for the period between December 670 17, 2010, and January 4, 2012. 671 Section 9. Effective July 1, 2011, paragraph (a) of 672 subsection (1) and paragraph (f) of subsection (13) of section 673 443.1216, Florida Statutes, are amended to read: 674 443.1216 Employment.—Employment, as defined in s. 443.036, 675 is subject to this chapter under the following conditions: 676 (1)(a) The employmentsubject to this chapterincludes a 677 service performed, including a service performed in interstate 678 commerce, by: 679 1. An officer of a corporation. 680 2. An individual who, under the usual common-law rules 681 applicable in determining the employer-employee relationship, is 682 an employee. However, ifwhenevera client,as defined in s.683443.036(18),which would otherwise be designated as an employing 684 unit, has contracted with an employee leasing company to supply 685 it with workers, those workers are considered employees of the 686 employee leasing company and must be reported under the leasing 687 company’s tax identification number and contribution rate for 688 work performed for the leasing company. 689 a. However, except for the internal employees of an 690 employee leasing company, a leasing company may make a one-time 691 election to report and pay contributions for all leased 692 employees under the respective unemployment account of each 693 client of the leasing company. This election applies only to 694 contributions for unemployment. 695 (I) The election applies to all of the leasing company’s 696 current and future clients. 697 (II) The leasing company must notify the Agency for 698 Workforce Innovation or the tax collection service provider of 699 its election by August 1, and such election applies to reports 700 and contributions for the first quarter of the following 701 calendar year. The notification must include: 702 (A) A list of each client company and its unemployment 703 account number; 704 (B) A list of each client company’s current and previous 705 employees and their respective social security numbers for the 706 prior 3 state fiscal years; 707 (C) All wage data and benefit charges for the prior 3 state 708 fiscal years. 709 (III) Subsequent to such election, the employee leasing 710 company may not change its reporting method. 711 (IV) The employee leasing company must file a Florida 712 Department of Revenue Employer’s Quarterly Report (UCT-6) for 713 each client company and pay all contributions by approved 714 electronic means. 715 (V) For the purposes of calculating experience rates, the 716 election is treated like a total or partial succession, 717 depending on the percentage of employees leased. If the client 718 company leases only a portion of its employees from the leasing 719 company, the client company shall continue to report the 720 nonleased employees under its tax rate based on the experience 721 of the nonleased employees. 722 (VI) This sub-subparagraph applies to all employee leasing 723 companies, including each leasing company that is a group member 724 or group leader of an employee leasing company group licensed 725 pursuant to chapter 468. The election is binding on all employee 726 leasing companies and their related enterprises, subsidiaries, 727 or other entities that share common ownership, management, or 728 control with the leasing company. The election is also binding 729 on all clients of the leasing company for as long as a written 730 agreement is in effect between the client and the leasing 731 company pursuant to s. 468.525(3)(a). If the relationship 732 between the leasing company and the client terminates, the 733 client retains the wage and benefit history experienced under 734 the leasing company. 735 b. An employee leasing company may lease corporate officers 736 of the client to the client and other workers to the client, 737 except as prohibited by regulations of the Internal Revenue 738 Service.Employees of an employee leasing company must be739reported under the employee leasing company’s tax identification740number and contribution rate for work performed for the employee741leasing company.742 c.a.In addition to any other report required to be filed 743 by law, an employee leasing company shall submit a report to the 744 Labor Market Statistics Center within the Agency for Workforce 745 Innovation which includes each client establishment and each 746 establishment of theemployeeleasing company, or as otherwise 747 directed by the agency. The report must include the following 748 information for each establishment: 749 (I) The trade or establishment name; 750 (II) The former unemployment compensation account number, 751 if available; 752 (III) The former federal employer’s identification number 753 (FEIN), if available; 754 (IV) The industry code recognized and published by the 755 United States Office of Management and Budget, if available; 756 (V) A description of the client’s primary business activity 757 in order to verify or assign an industry code; 758 (VI) The address of the physical location; 759 (VII) The number of full-time and part-time employees who 760 worked during, or received pay that was subject to unemployment 761 compensation taxes for, the pay period including the 12th of the 762 month for each month of the quarter; 763 (VIII) The total wages subject to unemployment compensation 764 taxes paid during the calendar quarter; 765 (IX) An internal identification code to uniquely identify 766 each establishment of each client; 767 (X) The month and year that the client entered into the 768 contract for services; and 769 (XI) The month and year that the client terminated the 770 contract for services. 771 d.b.The report shall be submitted electronically or in a 772 manner otherwise prescribed by the Agency for Workforce 773 Innovation in the format specified by the Bureau of Labor 774 Statistics of the United States Department of Labor for its 775 Multiple Worksite Report for Professional Employer 776 Organizations. The report must be provided quarterly to the 777 Labor Market Statistics Center within the agencyfor Workforce778Innovation, or as otherwise directed by the agency, and must be 779 filed by the last day of the month immediately following the end 780 of the calendar quarter. The information required in sub-sub 781 subparagraphs c.(X) and (XI)a.(X) and (XI)need be provided 782 only in the quarter in which the contract to which it relates 783 was entered into or terminated. The sum of the employment data 784 and the sum of the wage data in this report must match the 785 employment and wages reported in the unemployment compensation 786 quarterly tax and wage report. A report is not required for any 787 calendar quarter preceding the third calendar quarter of 2010. 788 e.c.The Agency for Workforce Innovation shall adopt rules 789 as necessary to administer this subparagraph, and may 790 administer, collect, enforce, and waive the penalty imposed by 791 s. 443.141(1)(b) for the report required by this subparagraph. 792 f.d.For the purposes of this subparagraph, the term 793 “establishment” means any location where business is conducted 794 or where services or industrial operations are performed. 795 3. An individual other than an individual who is an 796 employee under subparagraph 1. or subparagraph 2., who performs 797 services for remuneration for any person: 798 a. As an agent-driver or commission-driver engaged in 799 distributing meat products, vegetable products, fruit products, 800 bakery products, beverages other than milk, or laundry or 801 drycleaning services for his or her principal. 802 b. As a traveling or city salesperson engaged on a full 803 time basis in the solicitation on behalf of, and the 804 transmission to, his or her principal of orders from 805 wholesalers, retailers, contractors, or operators of hotels, 806 restaurants, or other similar establishments for merchandise for 807 resale or supplies for use in their business operations. This 808 sub-subparagraph does not apply to an agent-driver or a 809 commission-driver and does not apply to sideline sales 810 activities performed on behalf of a person other than the 811 salesperson’s principal. 812 4. The services described in subparagraph 3. are employment 813 subject to this chapter only if: 814 a. The contract of service contemplates that substantially 815 all of the services are to be performed personally by the 816 individual; 817 b. The individual does not have a substantial investment in 818 facilities used in connection with the services, other than 819 facilities used for transportation; and 820 c. The services are not in the nature of a single 821 transaction that is not part of a continuing relationship with 822 the person for whom the services are performed. 823 (13) The following are exempt from coverage under this 824 chapter: 825 (f) Service performed in the employ of a public employer as 826 defined in s. 443.036, except as provided in subsection (2), and 827 service performed in the employ of an instrumentality of a 828 public employer as described in s. 443.036(36)(b)443.036(35)(b)829 or (c), to the extent that the instrumentality is immune under 830 the United States Constitution from the tax imposed by s. 3301 831 of the Internal Revenue Code for that service. 832 Section 10. Present paragraph (f) of subsection (1) of 833 section 443.141, Florida Statutes, is redesignated as paragraph 834 (g), and a new paragraph (f) is added to that subsection, to 835 read: 836 443.141 Collection of contributions and reimbursements.— 837 (1) PAST DUE CONTRIBUTIONS AND REIMBURSEMENTS; DELINQUENT, 838 ERRONEOUS, INCOMPLETE, OR INSUFFICIENT REPORTS.— 839 (f) Payments for 2012, 2013, and 2014 Contributions.—For an 840 annual administrative fee not to exceed $5, a contributing 841 employer may pay its quarterly contributions due for wages paid 842 in the first three quarters of 2012, 2013, and 2014 in equal 843 installments if those contributions are paid as follows: 844 1. For contributions due for wages paid in the first 845 quarter of each year, one-fourth of the contributions due must 846 be paid on or before April 30, one-fourth must be paid on or 847 before July 31, one-fourth must be paid on or before October 31, 848 and one-fourth must be paid on or before December 31. 849 2. In addition to the payments specified in subparagraph 850 1., for contributions due for wages paid in the second quarter 851 of each year, one-third of the contributions due must be paid on 852 or before July 31, one-third must be paid on or before October 853 31, and one-third must be paid on or before December 31. 854 3. In addition to the payments specified in subparagraphs 855 1. and 2., for contributions due for wages paid in the third 856 quarter of each year, one-half of the contributions due must be 857 paid on or before October 31, and one-half must be paid on or 858 before December 31. 859 4. The annual administrative fee assessed for electing to 860 pay under the installment method shall be collected at the time 861 the employer makes the first installment payment each year. The 862 fee shall be segregated from the payment and deposited into the 863 Operating Trust Fund of the Department of Revenue. 864 5. Interest does not accrue on any contribution that 865 becomes due for wages paid in the first three quarters of each 866 year if the employer pays the contribution in accordance with 867 subparagraphs 1.-4. Interest and fees continue to accrue on 868 prior delinquent contributions and commence accruing on all 869 contributions due for wages paid in the first three quarters of 870 each year which are not paid in accordance with subparagraphs 871 1.-3. Penalties may be assessed in accordance with this chapter. 872 The contributions due for wages paid in the fourth quarter of 873 2012, 2013, and 2014 are not affected by this paragraph and are 874 due and payable in accordance with this chapter. 875 Section 11. Effective July 1, 2011, paragraph (a) of 876 subsection (2), paragraphs (d) and (e) of subsection (3), and 877 paragraphs (b) and (e) of subsection (4) of section 443.151, 878 Florida Statutes, are amended, present paragraphs (c) through 879 (f) of subsection (6) of that section are redesignated as 880 paragraphs (d) through (g), respectively, and a new paragraph 881 (c) is added to that subsection, to read: 882 443.151 Procedure concerning claims.— 883 (2) FILING OF CLAIM INVESTIGATIONS; NOTIFICATION OF 884 CLAIMANTS AND EMPLOYERS.— 885 (a) In general.—Initial and continued claims for benefits 886 must be made by approved electronic means and in accordance with 887therules adopted by the Agency for Workforce Innovation. The 888 agency must notify claimants and employers regarding monetary 889 and nonmonetary determinations of eligibility. Investigations of 890 issues raised in connection with a claimant which may affect a 891 claimant’s eligibility for benefits or charges to an employer’s 892 employment record shall be conducted by the agency through 893 written, telephonic, or electronic means as prescribed by rule. 894 (3) DETERMINATION OF ELIGIBILITY.— 895 (d) Determinations in labor dispute cases.—If aWhenever896anyclaim involves a labor dispute described in s. 443.101(5) 897443.101(4), the Agency for Workforce Innovation shall promptly 898 assign the claim to a special examiner who shall make a 899 determination on the issues involving unemployment due to the 900 labor dispute. The special examiner shall make the determination 901 after an investigation, as necessary. The claimant or another 902 party entitled to notice of the determination may appeal a 903 determination under subsection (4). 904 (e) Redeterminations.— 905 1. The Agency for Workforce Innovation may reconsider a 906 determination if it finds an error or if new evidence or 907 information pertinent to the determination is discovered after a 908 prior determination or redetermination. A redetermination may 909 not be made more than 1 year after the last day of the benefit 910 year unless the disqualification for making a false or 911 fraudulent representation under s. 443.101(7)443.101(6)is 912 applicable, in which case the redetermination may be made within 913 2 years after the false or fraudulent representation. The agency 914 must promptly give notice of redetermination to the claimant and 915 to any employers entitled to notice in the manner prescribed in 916 this section for the notice of an initial determination. 917 2. If the amount of benefits is increased by the 918 redetermination, an appeal of the redetermination based solely 919 on the increase may be filed as provided in subsection (4). If 920 the amount of benefits is decreased by the redetermination, the 921 redetermination may be appealed by the claimant if a subsequent 922 claim for benefits is affected in amount or duration by the 923 redetermination. If the final decision on the determination or 924 redetermination to be reconsidered was made by an appeals 925 referee, the commission, or a court, the Agency for Workforce 926 Innovation may apply for a revised decision from the body or 927 court that made the final decision. 928 3. If an appeal of an original determination is pending 929 when a redetermination is issued, the appeal, unless withdrawn, 930 is treated as an appeal from the redetermination. 931 (4) APPEALS.— 932 (b) Filing and hearing.— 933 1. The claimant or any other party entitled to notice of a 934 determination may appeal an adverse determination to an appeals 935 referee within 20 days after the date of mailingofthe notice 936 to her or his last known address or, if the notice is not 937 mailed, within 20 days after the date of deliveringdelivery of938 the notice. 939 2. Unless the appeal is untimely or withdrawn, or review is 940 initiated by the commission, the appeals referee, after mailing 941 all parties and attorneys of record a notice of hearing at least 942 10 days before the date of hearing, notwithstanding the 14-day 943 notice requirement in s. 120.569(2)(b), may only affirm, modify, 944 or reverse the determination. An appeal may not be withdrawn 945 without the permission of the appeals referee. 946 3. However, ifwhenan appeal appears to have been filed 947 after the permissible time limit, the Office of Appeals may 948 issue an order to show cause to the appellant which requires,949requiringthe appellant to show why the appeal should not be 950 dismissed as untimely. Ifthe appellant does not, within 15 days 951 after the mailing date of the order to show cause, the appellant 952 does not provide written evidence of timely filing or good cause 953 for failure to appeal timely, the appeal shall be dismissed. 954 4. IfWhenan appeal involves a question of whether 955 services were performed by a claimant in employment or for an 956 employer, the referee must give special notice of the question 957 and of the pendency of the appeal to the employing unit and to 958 the Agency for Workforce Innovation, both of which become 959 parties to the proceeding. 960 5. Any part of the evidence may be received in written 961 form, and all testimony of parties and witnesses must be made 962 under oath. 963 a. Irrelevant, immaterial, or unduly repetitious evidence 964 shall be excluded, but all other evidence of a type commonly 965 relied upon by reasonably prudent persons in the conduct of 966 their affairs is admissible, whether or not such evidence would 967 be admissible in a trial in state court. 968 b. Hearsay evidence may be used for the purpose of 969 supplementing or explaining other evidence, or to support a 970 finding if it would be admissible over objection in civil 971 actions. Notwithstanding s. 120.57(1)(c), hearsay evidence may 972 support a finding of fact if: 973 (I) The party against whom it is offered has a reasonable 974 opportunity to review it before the hearing; and 975 (II) The appeals referee or special deputy determines, 976 after considering all relevant facts and circumstances, that the 977 evidence is trustworthy and probative and that the interests of 978 justice are best served by its admission into evidence. 979 6.5.The parties must be notified promptly of the referee’s 980 decision. The referee’s decision is final unless further review 981 is initiated under paragraph (c) within 20 days after the date 982 of mailing notice of the decision to the party’s last known 983 address or, in lieu of mailing, within 20 days after the 984 delivery of the notice. 985 (e) Judicial review.—Orders of the commission entered under 986 paragraph (c) are subject to review only by notice of appeal in 987 the district court of appealin the appellate district in which988the issues involved were decided by an appeals referee. If the 989 notice of appeal is filed by the claimant, it must be filed in 990 the appellate district in which the claimant resides. If the 991 notice of appeal is filed by the employer, it must be filed in 992 the appellate district in which the business is located. 993 However, if the claimant does not reside in this state or the 994 business is not located in this state, the notice of appeal must 995 be filed in the appellate district in which the order was 996 issued. Notwithstanding chapter 120, the commission is a party 997 respondent to every such proceeding. The Agency for Workforce 998 Innovation may initiate judicial review of orders in the same 999 manner and to the same extent as any other party. 1000 (6) RECOVERY AND RECOUPMENT.— 1001 (c) Any person who, by reason other than fraud, receives 1002 benefits under this chapter for which she or he is not entitled 1003 due to the failure of the Agency for Workforce Innovation to 1004 make and provide notice of a nonmonetary determination under 1005 paragraph (3)(c) within 30 days after filing a new claim, is 1006 liable for repaying up to 5 weeks of benefits received to the 1007 agency on behalf of the trust fund or may have those benefits 1008 deducted from any future benefits payable to her or him under 1009 this chapter. 1010 Section 12. Subsection (10) is added to section 443.171, 1011 Florida Statutes, to read: 1012 443.171 Agency for Workforce Innovation and commission; 1013 powers and duties; records and reports; proceedings; state 1014 federal cooperation.— 1015 (10) EVIDENCE OF MAILING.—A mailing date on any notice, 1016 determination, decision, order, or other document mailed by the 1017 Agency for Workforce Innovation or its tax collection service 1018 provider pursuant to this chapter creates a rebuttable 1019 presumption that such notice, determination, order, or other 1020 document was mailed on the date indicated. 1021 Section 13. The Legislature finds that this act fulfills an 1022 important state interest. 1023 Section 14. Except as otherwise expressly provided in this 1024 act, this act shall take effect upon becoming a law.