HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 1289 Verification of Reemployment Assistance Benefit Eligibility
SPONSOR(S): Commerce Committee, Regulatory Reform & Economic Development Subcommittee, Abbott
TIED BILLS: IDEN./SIM. BILLS: SB 1260
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development 8 Y, 5 N, As CS Bauldree Anstead
Subcommittee
2) Infrastructure & Tourism Appropriations 8 Y, 4 N McAuliffe Davis
Subcommittee
3) Commerce Committee 10 Y, 6 N, As CS Bauldree Hamon
SUMMARY ANALYSIS
The Federal-State Unemployment Insurance Program is administered as a partnership between the federal
government and state governments, providing unemployment benefits to eligible workers who are unemployed
through no fault of their own and who meet the requirements of state law. The Department of Commerce
(department) is responsible for administering Florida’s reemployment assistance program. To receive weekly
benefits, a claimant must meet certain monetary and non-monetary eligibility requirements.
The bill revises reemployment assistance eligibility requirements. The bill adds more conditions that can
disqualify an individual from receiving benefits including:
 Failing to contact the required number of employers per week, in accordance with s. 443.091, F.S.;
 Failing to appear on three or more occasions for a scheduled job interview;
 Failing to accept suitable work; or
 Failing to return to the individual’s self-employment when directed by the department, or when recalled
to work by their former employer after a temporary layoff.
The bill requires the department to maintain a web page and e-mail address for employers to report known or
suspected violations, and notify employers of the web page and e-mail address.
Under the bill, the department must, for the initial claim for benefits made by a claimant and as necessary to
verify a claimant’s eligibility for benefits, cross-check the information contained in the claim with information in
the database of the Systematic Alien Verification for Entitlements Program (SAVE) established by the United
States Bureau of Citizenship and Immigration Services. Additionally, the bill requires the department to verify
the identity of each claimant who applies for reemployment assistance benefits before paying any benefits to
that individual, and to weekly cross-check the information contained in the claim with various specified national
and state databases.
The bill requires the department, in consultation with other specified state agencies, implement an automated
consumer-first workforce system that improves coordination among required one-stop partners and is
necessary for the efficient and effective operation and management of the workforce development system.
The bill does not have a fiscal impact on state or local government revenues or local government expenditures.
The bill may have an indeterminate negative fiscal impact on state expenditures. See Fiscal Analysis &
Economic Impact Statement.
The bill provides an effective date of July 1, 2024.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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 FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Unemployment Compensation
The Federal-State Unemployment Insurance Program provides unemployment benefits to eligible
workers who are unemployed through no-fault of their own (as determined under state law) and who
meet the requirements of state law.1 The program is administered as a partnership between the federal
government and the states.2 The individual states collect unemployment compensation payroll taxes on
a quarterly basis, which are used to pay benefits, while the Internal Revenue Service collects an annual
federal payroll tax under the Federal Unemployment Tax Act (FUTA). 3 FUTA collections go to the
states for costs of administering state unemployment compensation and job service programs. In
addition, FUTA pays one-half of the cost of extended unemployment benefits (during periods of high
unemployment) and provides for a fund from which states may borrow, if necessary, to pay benefits. 4
States are permitted to set benefit eligibility requirements, the amount and duration of benefits, and the
state tax structure, as long as state law does not conflict with FUTA or Social Security Act
requirements. Florida’s program was created by the Legislature in 1937. 5 The Department of
Commerce6 (department) is the current agency responsible for administering Florida’s laws, primarily
through its Division of Workforce Services. The department contracts with the Florida Department of
Revenue (DOR) to provide unemployment tax collections services. 7
Florida Reemployment Assistance Benefits
In Florida, which rebranded the unemployment compensation program as the reemployment assistance
program in 2012,8 a qualified claimant may receive benefits equal to 25 percent of wages, not to
exceed $6,325 in a benefit year.9 Benefits range from a minimum of $32 per week to a maximum
weekly benefit amount10 of $275, for a maximum of between 12 weeks and 23 weeks,11 depending on
the claimant’s length of prior employment and wages earned and the unemployment rate. 12
The maximum available weeks is set at the beginning of the year and applies for the entire calendar
1
U.S. Department of Labor, State Unemployment Insurance Benefits, available at https://oui.doleta.gov/unemploy/uifactsheet.asp (last visited Feb.
8, 2024).
2
There are 53 programs, including the 50 states, Puerto Rico, the Virgin Islands, and the District of Columbia. U.S. Department of Labor,
Unemployment Compensation, Federal – State Partnership, available at https://oui.doleta.gov/unemploy/pdf/partnership.pdf (last visited Feb. 8,
2024).
3
FUTA is codified at 26 U.S.C. § 3301-3309.
4
U.S. Department of Labor, Unemployment Insurance Tax Topic, available at
https://oui.doleta.gov/unemploy/uitaxtopic.asp#:~:text=FUTA%20taxes%20are%20calculated%20by,times%20the%20employer's%20taxable%20wa
ges.&text=Employers%20who%20pay%20their%20state,tax%20paid%20to%20the%20state, (last visited Feb. 2, 2024).
5
Ch. 18402, Laws of Fla.
6
Chapter 443, F.S., refers to the department as the “Department of Economic Opport unity”, however, HB 5 in 2023 changed the name of the
department to the “Department of Commerce” and authorized the Division of Law Revision to update the name of the department t hroughout the
Florida Statutes. Ch. 2023-173, Laws of Fla.
7
S. 443.1316, F.S.
8
Ch. 2012-30, Laws of Fla.
9
S. 443.111(5), F.S. The maximum amount of benefits available is calculated by multiplying an individual’s weekly benefit amount by the number
of available benefit weeks.
10
Pursuant to section 443.111(3), F.S., the “weekly benefit amount,” is an amount equal to one twenty -sixth of the total wages for insured work paid
during the quarter of the base period where the wages paid were highest.
11
S. 443.111(5)(c), F.S. If the average unemployment rate for the 3 months in the most recent third calendar year quarter is at or below 5 percent,
then the maximum weeks of benefits available is 12; for each 0.5 percent that the unemployment rate is above 5 percent, an additional week of
benefits becomes available up to 23 weeks at an unemployment rate of 10.5 percent. On January 1, 2021, the maximum weeks of benefits increased
from 12 weeks to 19 weeks based on the three month average of July, August, and September of 2020, which was 8.7 percent.
12
The average weekly benefit amount for the first three quarters of 2023 was: first quarter – $259; second quarter – $261; and third quarter – $260.
U.S. Department of Labor, Unemployment Insurance Data, run report for Florida, available at
https://oui.doleta.gov/unemploy/data_summary/DataSum.asp , (last visited Feb. 8, 2024).
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 year. The maximum available weeks is based upon the average seasonally adjusted statewide
unemployment rate for the months of July, August, and September. 13 If the average rate for that most
recent third calendar year quarter is at or below five percent, then the maximum weeks of benefits
available is 12 weeks. For each 0.5 percent increase in the unemployment rate, an additional week of
benefits is added to the maximum duration.
To receive benefits, a claimant must meet certain monetary and non-monetary eligibility requirements.
Key eligibility requirements involve a claimant’s earnings during a certain period of time, the manner in
which the claimant became unemployed, and the claimant’s efforts to find new employment.14
Benefit Eligibility Conditions
A claimant must meet certain requirements in order to be eligible for benefits for each week of
unemployment. Generally, these include efforts related to finding new employment, such as:15
 Completing the department’s online work registration; 16
 Reporting to the One-Stop Career Center when directed to do so by the local CareerSource
board;
 Being able to and available for work;17
 Contacting at least 5 prospective employers each week or going to the One-Stop Career Center
for reemployment services; and
 Participating in reemployment services.
For each week of benefits claimed, a claimant must submit to the department the name, address, and
telephone number of each prospective employer contacted.18 A claimant must be actively seeking work
to be considered available for work. “This means engaging in systematic and sustained efforts to find
work, including contacting at least five prospective employers for each week of unemployment claimed”
or three prospective employers for individuals who live in small counties. 19 Proof of work search efforts
cannot include the same prospective employer at the same location in three consecutive weeks, unless
in the meantime the employer has indicated that it is hiring. The department conducts random audits of
the submitted information to verify that claimants are meeting these requirements.
The requirement to be available for work and able to work applies to an individual during the major
portion of the individual’s customary work week. Consequently, individuals whose benefits are not
based on full-time work are not required to seek or be available to accept full-time work.20
An individual must make a thorough and continued effort to obtain work and take positive actions to
become reemployed. To aid unemployed individuals, free reemployment services and assistance are
available.21
The department’s website provides links to local, state, and national employment databases and to
resources for job training or further educational opportunities. The One-Stop Career Centers provide
job search counseling and workshops, occupational and labor market information, referral to potential
13
S. 443.111(5)(c), F.S. Typically in the calculation of monthly unemployment rates, a rate is published about midway through the following month
and the revised rate is published about midway through the next month. See The Department of Commerce, Unemployment – Local Area
Unemployment Statistics (LAUS) – Release Schedule, (2021), available at
http://lmsresources.labormarketinfo.com/library/DataReleaseSchedule.pdf, (last visited Feb. 2, 2024).
14
See S. 443.101, F.S.
15
S. 443.091(1), F.S.,
16
See S. 443.091(1)(b), F.S., and Employ Florida, available at https://www.employflorida.com/vosnet/Default.aspx, (last visited Feb. 8, 2024).
Employ Florida M arketplace is a partnership of Workforce Florida, Inc., and the Department of Commerce. It provides job-matching and workforce
resources.
17
“Able to work” means physically and mentally capable of performing the duties of the occupation in which work is being sought. “Available for
work” means actively seeking and being ready and willing to accept suitable work. See S. 443.036(1) and (6), F.S. See also R. 73B-11.021(2), F.A.C.
18
S. 449.091(1)(c)1., F.S.
19
S. 443.091(1)(d), F.S. A “small county” is a county that has an unincarcerated population of 75,000 or less. S. 120.52(19), F.S.
20
R. 73B-11.021(2), F.A.C.
21
R. 73B-11.011(12), F.A.C. “Reemployment services” is defined as job search assistance, job and vocational training referrals, employment
counseling and testing, labor market information, employability skills enhancement, needs assessment, orientation, and other related services
provided by One-Stop Career Centers operated by local regional workforce boards.
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 employers, and job training assistance. Claimants may also receive an e-mail from the Employ Florida
Marketplace with information about employment services or available jobs. Additionally, a claimant may
be selected to participate in reemployment assistance services, such as the Reemployment Services
and Eligibility Assessment (RESEA) program, designed to address the reemployment needs of
claimants.22 Current law requires the department to offer an online assessment aimed at identifying an
individuals’ skills, abilities, and career aptitude and provides that the skills assessment must be
voluntary.23 This online assessment must be made available to any person seeking services from a
One-Stop Career Center or from a local workforce development board. 24
Currently, if you are a non-resident of Florida you are exempt from having to complete the department’s
online work registration and reporting to the one-stop career center as directed by the local workforce
development board for reemployment services.
Disqualification for Reemployment Assistance Benefits
Current law specifies the circumstances under which an individual would be disqualified from receiving
benefits. These circumstances include:25
 Voluntarily leaving work without good cause, or being discharged by his or her employing unit
for misconduct connected with the work;26
 Failing to apply for available suitable work when directed by the department or the One-Stop
Career Center, to accept suitable work when offered, or to return to suitable self-employment
when directed to do so;27
 Making false or fraudulent representations in filing for benefits;
 Being discharged from employment due to drug use or rejection from a job offer for failing a
drug test; and
 Becoming unavailable for work due to incarceration or imprisonment.
Current law also specifies the duration of the disqualification and the requirements for requalification for
an individual’s next benefit claim, depending on the reason for the disqualification. 28
Effect of the Bill
The bill provides that it may be cited as the “Promoting Work, Deterring Fraud Act of 2024.”
The bill amends the disqualification for benefits provisions in current law to add the following conditions
that can disqualify an individual from receiving benefits:
 Failing to contact the required number of employers per week, in accordance with s. 443.091,
F.S.;
 Failing to appear on three or more occasions for a scheduled job interview;
 Failing to accept suitable work; or
 Failing to return to the individual’s self-employment when directed by the department, or when
recalled to work by their former employer after a temporary layoff.
Under the bill, the department must, for the initial claim for benefits made by a claimant and as
necessary to verify a claimant’s eligibility for benefits, cross-check the information contained in the
22
RESEA services may include an orientation, initial assessment, labor market information, employability development plan, and work search
services. The Department of Commerce, Program Description, available at https://floridajobs.org/office-directory/division-of-workforce-
services/workforce-programs/reemployment-services-and-eligibility-assessment-program, (last visited Feb. 8, 2024). R. 73B-3.028, F.A.C., provides
more information on reemployment services and requirements for participation.
23
S. 443.091, F.S.
24
Id.
25
S. 443.101, F.S.
26
An individual is not disqualified for voluntarily leaving temporary work to return to full time work, or to relocate with his or her military spouse
due to relocation orders, or due to circumstances related to domestic violence.
27
S. 443.101(2), F.S.
28
S. 443.091, F.S.
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 claim with information in the database of the Systematic Alien Verification for Entitlements Program
(SAVE) established by the United States Bureau of Citizenship and Immigration Services. 29
The b