Florida Senate - 2023 SB 1518



By Senator Pizzo





37-01128-23 20231518__
1 A bill to be entitled
2 An act relating to reemployment assistance; amending
3 s. 443.036, F.S.; defining and revising terms for
4 purposes of the Reemployment Assistance Program Law;
5 amending s. 443.091, F.S.; revising requirements for
6 reemployment assistance benefits eligibility; creating
7 s. 443.092, F.S.; prohibiting the Department of
8 Economic Opportunity from denying a person
9 reemployment assistance solely on the basis of
10 pregnancy; amending s. 443.111, F.S.; requiring that
11 an alternative base period be used under certain
12 circumstances when calculating wages in determining
13 qualification for reemployment assistance benefits;
14 requiring the department to contact an individual’s
15 employer if certain wage information is unavailable
16 through specified means; specifying that wages that
17 fall within an alternative base period are not
18 available for reuse in subsequent benefit years;
19 requiring the department to adopt rules; revising the
20 weekly benefit amounts an individual may receive;
21 replacing the term “Florida average unemployment rate”
22 with “most recent monthly unemployment rate”; defining
23 the term “most recent unemployment rate”; increasing
24 the cap on the total benefit amount an individual is
25 entitled to receive during a benefit year; increasing
26 the duration of benefits; amending ss. 215.425,
27 443.1216, and 443.131, F.S.; conforming cross
28 references; reenacting ss. 443.041(2)(b) and
29 443.1116(6), (7), and (8)(a), F.S., relating to fees
30 and short-time compensation, respectively, to
31 incorporate the amendments made to s. 443.111, F.S.,
32 in references thereto; providing an effective date.
33
34 Be It Enacted by the Legislature of the State of Florida:
35
36 Section 1. Present subsections (3) through (46) of section
37 443.036, Florida Statutes, are redesignated as subsections (4)
38 through (47), respectively, a new subsection (3) is added to
39 that section, and present subsection (24) of that section is
40 amended, to read:
41 443.036 Definitions.—As used in this chapter, the term:
42 (3) “Alternative base period” means the four most recently
43 completed calendar quarters before an individual’s benefit year,
44 if such quarters qualify the individual for benefits and were
45 not previously used to establish a prior valid benefit year.
46 (25)(24) “High quarter” means the quarter in an
47 individual’s base period, or in the individual’s alternative
48 base period if an alternative base period is used for
49 determining benefits eligibility, in which the individual has
50 the greatest amount of wages paid, regardless of the number of
51 employers paying wages in that quarter.
52 Section 2. Paragraphs (d) and (g) of subsection (1) of
53 section 443.091, Florida Statutes, are amended to read:
54 443.091 Benefit eligibility conditions.—
55 (1) An unemployed individual is eligible to receive
56 benefits for any week only if the Department of Economic
57 Opportunity finds that:
58 (d) She or he is able to work and is available for work. In
59 order to assess eligibility for a claimed week of unemployment,
60 the department shall develop criteria to determine a claimant’s
61 ability to work and availability for work. A claimant must be
62 actively seeking work in order to be considered available for
63 work. This means engaging in systematic and sustained efforts to
64 find work, including contacting at least three five prospective
65 employers for each week of unemployment claimed. For the
66 purposes of meeting the requirements of this paragraph, a
67 claimant may contact a prospective employer by submitting a
68 resume to an employer through an online job search service. A
69 claimant who submits a resume to at least three employers
70 through an online job search service satisfies the work search
71 requirements of this paragraph. The department may require the
72 claimant to provide proof of such efforts to the one-stop career
73 center as part of reemployment services. A claimant’s proof of
74 work search efforts may not include the same prospective
75 employer at the same location in 3 consecutive weeks, unless the
76 employer has indicated since the time of the initial contact
77 that the employer is hiring. The department shall conduct random
78 reviews of work search information provided by claimants. As an
79 alternative to contacting at least three five prospective
80 employers for any week of unemployment claimed, a claimant may,
81 for that same week, report in person to a one-stop career center
82 to meet with a representative of the center and access
83 reemployment services of the center. The center shall keep a
84 record of the services or information provided to the claimant
85 and shall provide the records to the department upon request by
86 the department. However:
87 1. Notwithstanding any other provision of this paragraph or
88 paragraphs (b) and (e), an otherwise eligible individual may not
89 be denied benefits for any week because she or he is in training
90 with the approval of the department, or by reason of s.
91 443.101(2) relating to failure to apply for, or refusal to
92 accept, suitable work. Training may be approved by the
93 department in accordance with criteria prescribed by rule. A
94 claimant’s eligibility during approved training is contingent
95 upon satisfying eligibility conditions prescribed by rule.
96 2. Notwithstanding any other provision of this chapter, an
97 otherwise eligible individual who is in training approved under
98 s. 236(a)(1) of the Trade Act of 1974, as amended, may not be
99 determined ineligible or disqualified for benefits due to
100 enrollment in such training or because of leaving work that is
101 not suitable employment to enter such training. As used in this
102 subparagraph, the term “suitable employment” means work of a
103 substantially equal or higher skill level than the worker’s past
104 adversely affected employment, as defined for purposes of the
105 Trade Act of 1974, as amended, the wages for which are at least
106 80 percent of the worker’s average weekly wage as determined for
107 purposes of the Trade Act of 1974, as amended.
108 3. Notwithstanding any other provision of this section, an
109 otherwise eligible individual may not be denied benefits for any
110 week because she or he is before any state or federal court
111 pursuant to a lawfully issued summons to appear for jury duty.
112 4. Union members who customarily obtain employment through
113 a union hiring hall may satisfy the work search requirements of
114 this paragraph by reporting daily to their union hall.
115 5. The work search requirements of this paragraph do not
116 apply to persons who are unemployed as a result of a temporary
117 layoff or who are claiming benefits under an approved short-time
118 compensation plan as provided in s. 443.1116.
119 6. In small counties as defined in s. 120.52(19), a
120 claimant engaging in systematic and sustained efforts to find
121 work must contact at least two three prospective employers for
122 each week of unemployment claimed.
123 7. The work search requirements of this paragraph do not
124 apply to persons required to participate in reemployment
125 services under paragraph (e).
126 (g) She or he has been paid wages for insured work equal to
127 1.5 times her or his high quarter wages during her or his base
128 period, except that an unemployed individual is not eligible to
129 receive benefits if the base period wages are less than $3,400.
130 If an unemployed individual is ineligible for benefits based on
131 base period wages, his or her wages must be calculated using the
132 alternative base period and his or her claim shall be
133 established using such wages.
134 Section 3. Section 443.092, Florida Statutes, is created to
135 read:
136 443.092 Denial of reemployment assistance solely on the
137 basis of pregnancy prohibited.—The department may not deny a
138 person reemployment assistance solely on the basis of pregnancy.
139 Section 4. Subsections (2) and (3) and paragraphs (a), (b),
140 and (c) of subsection (5) of section 443.111, Florida Statutes,
141 are amended, and paragraph (b) of subsection (1) is republished,
142 to read:
143 443.111 Payment of benefits.—
144 (1) MANNER OF PAYMENT.—Benefits are payable from the fund
145 in accordance with rules adopted by the Department of Economic
146 Opportunity, subject to the following requirements:
147 (b) As required under s. 443.091(1), each claimant must
148 report at least biweekly to receive reemployment assistance
149 benefits and to attest to the fact that she or he is able and
150 available for work, has not refused suitable work, is seeking
151 work and has met the requirements of s. 443.091(1)(d), and, if
152 she or he has worked, to report earnings from that work. Each
153 claimant must continue to report regardless of any appeal or
154 pending appeal relating to her or his eligibility or
155 disqualification for benefits.
156 (2) QUALIFYING REQUIREMENTS.—
157 (a) To establish a benefit year for reemployment assistance
158 benefits, an individual must have:
159 1.(a) Wage credits in two or more calendar quarters of the
160 individual’s base period or alternative base period.
161 2.(b) Minimum total base period wage credits equal to the
162 high quarter wages multiplied by 1.5, but at least $3,400 in the
163 base period, or in the alternative base period if the
164 alternative base period is used for benefits eligibility.
165 (b)1. If a worker is ineligible for benefits based on base
166 period wages, wages for that worker must be calculated using an
167 alternative base period and the claim shall be established using
168 such wages.
169 2. If the wage information for an individual’s most
170 recently completed calendar quarter is unavailable to the
171 department from regular quarterly reports of systematically
172 accessible wage information, the department must promptly
173 contact the individual’s employer to obtain the wage
174 information.
175 3. Wages that fall within the alternative base period of
176 claims established under this paragraph are not available for
177 reuse in qualifying for any subsequent benefit years.
178 4. The department shall adopt rules to administer this
179 paragraph.
180 (3) WEEKLY BENEFIT AMOUNT.—
181 (a) Except as provided in paragraph (b), an individual’s
182 “weekly benefit amount” is an amount equal to one twenty-sixth
183 of the total wages for insured work paid during that quarter of
184 the base period in which the total wages paid were the highest,
185 but not less than $100 $32 or more than $375 $275. The weekly
186 benefit amount, if not a multiple of $1, is rounded downward to
187 the nearest full dollar amount. The maximum weekly benefit
188 amount in effect at the time the claimant establishes an
189 individual weekly benefit amount is the maximum benefit amount
190 applicable throughout the claimant’s benefit year.
191 (b) If an individual’s weekly benefit calculated pursuant
192 to paragraph (a) would result in a weekly benefit amount of less
193 than $100, the individual’s weekly benefit amount may not exceed
194 one-thirteenth of the total wages for insured work paid during
195 the quarter of the base period in which the total wages paid
196 were the highest or $100, whichever is less.
197 (5) DURATION OF BENEFITS.—
198 (a) As used in this section, the term “most recent monthly
199 Florida average unemployment rate” means the most recently
200 available month’s average of the 3 months for the most recent
201 third calendar year quarter of the seasonally adjusted statewide
202 unemployment rate rates as published by the Department of
203 Economic Opportunity.
204 (b) Each otherwise eligible individual is entitled during
205 any benefit year to a total amount of benefits equal to 25
206 percent of the total wages in his or her base period, not to
207 exceed $9,375 $6,325 or the product arrived at by multiplying
208 the weekly benefit amount with the number of weeks determined in
209 paragraph (c), whichever is less. However, the total amount of
210 benefits, if not a multiple of $1, is rounded downward to the
211 nearest full dollar amount. These benefits are payable at a
212 weekly rate no greater than the weekly benefit amount.
213 (c) For claims submitted during a month calendar year, the
214 duration of benefits is limited to:
215 1. Fourteen Twelve weeks if this state’s most recent
216 monthly average unemployment rate is at or below 5 percent.
217 2. An additional week in addition to the 14 12 weeks for
218 each 0.5 percent increment in this state’s most recent monthly
219 average unemployment rate above 5 percent.
220 3. Up to a maximum of 25 23 weeks if this state’s most
221 recent monthly average unemployment rate equals or exceeds 10.5
222 percent.
223 Section 5. Paragraph (a) of subsection (4) of section
224 215.425, Florida Statutes, is amended to read:
225 215.425 Extra compensation claims prohibited; bonuses;
226 severance pay.—
227 (4)(a) On or after July 1, 2011, a unit of government that
228 enters into a contract or employment agreement, or renewal or
229 renegotiation of an existing contract or employment agreement,
230 that contains a provision for severance pay with an officer,
231 agent, employee, or contractor must include the following
232 provisions in the contract:
233 1. A requirement that severance pay provided may not exceed
234 an amount greater than 20 weeks of compensation.
235 2. A prohibition of provision of severance pay when the
236 officer, agent, employee, or contractor has been fired for
237 misconduct, as defined in s. 443.036(30) s. 443.036(29), by the
238 unit of government.
239 Section 6. Paragraph (a) of subsection (1) and paragraph
240 (f) of subsection (13) of section 443.1216, Florida Statutes,
241 are amended to read:
242 443.1216 Employment.—Employment, as defined in s. 443.036,
243 is subject to this chapter under the following conditions:
244 (1)(a) The employment subject to this chapter includes a
245 service performed, including a service performed in interstate
246 commerce, by:
247 1. An officer of a corporation.
248 2. An individual who, under the usual common-law rules
249 applicable in determining the employer-employee relationship, is
250 an employee. However, whenever a client, as defined in s.
251 443.036(19) s. 443.036(18), which would otherwise be designated
252 as an employing unit has contracted with an employee leasing
253 company to supply it with workers, those workers are considered
254 employees of the employee leasing company. An employee leasing
255 company may lease corporate officers of the client to the client
256 and other workers to the client, except as prohibited by
257 regulations of the Internal Revenue Service. Employees of an
258 employee leasing company must be reported under the employee
259 leasing company’s tax identification number and contribution
260 rate for work performed for the employee leasing company.
261 a. However, except for the internal employees of an
262 employee leasing company, each employee leasing company may make
263 a separate one-time election to report and pay contributions
264 under the tax identification number and contribution rate for
265 each client of the employee leasing company. Under the client
266 method, an employee leasing company choosing this option must
267 assign leased employees to the client company that is leasing
268 the employees. The client method is solely a method to report
269 and pay unemployment contributions, and, whichever method is
270 chosen, such election may not impact any other aspect of state
271 law. An employee leasing company that elects the client method
272 must pay contributions at the rates assigned to each client
273 company.
274 (I) The election applies to all of the employee leasing
275 company’s current and future clients.
276 (II) The employee leasing company must notify the
277 Department of Revenue of its election by July 1, 2012, and such
278 election applies to reports and contributions for the first
279 quarter of the following calendar year. The notification must
280 include:
281