April 09, 2020
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       Florida Senate - 2010                                    SB 2294
       
       
       
       By Senator Hill
       
       
       
       
       1-00667C-10                                           20102294__
    1                        A bill to be entitled                      
    2         An act relating to unemployment compensation; amending
    3         s. 443.036, F.S.; defining the terms “agency,”
    4         “alternative base period,” and “member of the
    5         individual’s immediate family”; redefining the term
    6         “base period”; amending s. 443.091, F.S.; revising the
    7         requirements for eligibility to receive benefits;
    8         prohibiting a determination of ineligibility based
    9         solely on the fact that the individual is available
   10         only for part-time work; providing for an alternative
   11         base period under certain circumstances; amending s.
   12         443.101, F.S.; revising the definition of “good
   13         cause”; prohibiting a determination of ineligibility
   14         based solely on the fact that the individual is
   15         available only for part-time work; amending ss.
   16         443.1216 and 443.131, F.S.; conforming cross
   17         references; amending s. 443.151, F.S.; requiring an
   18         employer to provide wage information to support an
   19         individual’s eligibility for benefits; authorizing the
   20         Agency for Workforce Innovation to accept an affidavit
   21         from the claimant to support eligibility for benefits;
   22         providing an effective date.
   23  
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Section 443.036, Florida Statutes, is amended to
   27  read:
   28         443.036 Definitions.—As used in this chapter, the term:
   29         (1) “Able to work” means physically and mentally capable of
   30  performing the duties of the occupation in which work is being
   31  sought.
   32         (2) “Agency” means the Agency for Workforce Innovation.
   33         (3)(2) “Agricultural labor” means any remunerated service
   34  performed:
   35         (a) On a farm, in the employ of any person, in connection
   36  with cultivating the soil or in connection with raising or
   37  harvesting any agricultural or horticultural commodity,
   38  including the raising, shearing, feeding, caring for, training,
   39  and management of livestock, bees, poultry, and fur-bearing
   40  animals and wildlife.
   41         (b) In the employ of the owner or tenant or other operator
   42  of a farm in connection with the operation, management,
   43  conservation, improvement, or maintenance of such farm and its
   44  tools and equipment, or in salvaging timber or clearing land of
   45  brush and other debris left by a hurricane if the major part of
   46  the service is performed on a farm.
   47         (c) In connection with the production or harvesting of any
   48  commodity defined as an agricultural commodity as defined in s.
   49  15(f) in s. 15(g) of the Agricultural Marketing Act, as amended,
   50  (46 Stat. 1550, s. 3; 12 U.S.C. s. 1141j); the ginning of
   51  cotton; or the operation or maintenance of ditches, canals,
   52  reservoirs, or waterways, not owned or operated for profit, used
   53  exclusively for supplying and storing water for farming
   54  purposes.
   55         (d)1. In the employ of the operator of a farm in handling,
   56  planting, drying, packing, packaging, processing, freezing,
   57  grading, storing, or delivering to storage or to market or to a
   58  carrier for transportation to market, in its unmanufactured
   59  state, any agricultural or horticultural commodity, but only if
   60  the operator produced more than one-half of the commodity for
   61  which the service is performed.
   62         2. In the employ of a group of operators of farms, or a
   63  cooperative organization of which the operators are members, in
   64  the performance of service described in subparagraph 1., but
   65  only if the operators produced more than one-half of the
   66  commodity for which the service is performed.
   67         3. Subparagraphs 1. and 2. do not apply to service
   68  performed in connection with commercial canning or commercial
   69  freezing or in connection with any agricultural or horticultural
   70  commodity after its delivery to a terminal market for
   71  distribution for consumption or in connection with grading,
   72  packing, packaging, or processing fresh citrus fruits.
   73         (e) On a farm operated for profit if the service is not in
   74  the course of the employer’s trade or business.
   75         (4)“Alternative base period” means the last four completed
   76  calendar quarters immediately preceding the first day of an
   77  individual’s benefit year.
   78         (5)(3) “American aircraft” means an aircraft registered
   79  under the laws of the United States.
   80         (6)(4) “American employer” means:
   81         (a) An individual who is a resident of the United States.
   82         (b) A partnership, if two-thirds or more of the partners
   83  are residents of the United States.
   84         (c) A trust, if each of the trustees is a resident of the
   85  United States.
   86         (d) A corporation organized under the laws of the United
   87  States or of any state.
   88         (7)(5) “American vessel” means a any vessel documented or
   89  numbered under the laws of the United States. The term includes
   90  a any vessel that is not neither documented or numbered under
   91  the laws of the United States or a, nor documented under the
   92  laws of any foreign country, if its crew is employed solely by
   93  one or more citizens or residents of the United States or
   94  corporations organized under the laws of the United States or of
   95  any state.
   96         (8)(6) “Available for work” means actively seeking and
   97  being ready and willing to accept suitable employment.
   98         (9)(7) “Base period” means the first four of the last five
   99  completed calendar quarters immediately preceding the first day
  100  of an individual’s benefit year. If the agency determines,
  101  pursuant to s. 443.091(1)(f), that an alternative base period
  102  will be used, the term has the same meaning as the alternative
  103  base period.
  104         (10)(8) “Benefits” means the money payable to an
  105  individual, as provided in this chapter, for his or her
  106  unemployment.
  107         (11)(9) “Benefit year” means, for an individual, the 1-year
  108  period beginning with the first day of the first week for which
  109  the individual first files a valid claim for benefits and,
  110  thereafter, the 1-year period beginning with the first day of
  111  the first week for which the individual next files a valid claim
  112  for benefits after the termination of his or her last preceding
  113  benefit year. Each claim for benefits made in accordance with s.
  114  443.151(2) is a valid claim” under this subsection if the
  115  individual was paid wages for insured work in accordance with
  116  the provisions of s. 443.091(1)(f) and is unemployed as defined
  117  in subsection (43) at the time of filing the claim. However, the
  118  agency for Workforce Innovation may adopt rules providing for
  119  the establishment of a uniform benefit year for all workers in
  120  one or more groups or classes of service or within a particular
  121  industry if when the agency determines, after notice to the
  122  industry and to the workers in the industry and an opportunity
  123  to be heard in the matter, that those groups or classes of
  124  workers in a particular industry periodically experience
  125  unemployment resulting from layoffs or shutdowns for limited
  126  periods of time.
  127         (12)(10) “Calendar quarter” means each period of 3
  128  consecutive calendar months ending on March 31, June 30,
  129  September 30, and December 31 of each year.
  130         (13)(11) “Casual labor” means labor that is occasional,
  131  incidental, or irregular, not exceeding 200 person-hours in
  132  total duration. As used in this subsection, the term “duration”
  133  means the period of time from the commencement to the completion
  134  of the particular job or project. Services performed by an
  135  employee for an his or her employer during a period of 1
  136  calendar month or any 2 consecutive calendar months, however,
  137  are deemed to be casual labor only if the service is performed
  138  on 10 or fewer calendar days, regardless of whether those days
  139  are consecutive. If any of the services performed by an
  140  individual on a particular labor project are not casual labor,
  141  each of the services performed by the individual on that job or
  142  project may not be deemed casual labor. Services must constitute
  143  casual labor and may not be performed in the course of the
  144  employer’s trade or business in order for those services to be
  145  exempt under this section.
  146         (14)(12) “Commission” means the Unemployment Appeals
  147  Commission.
  148         (15)(13) “Contributing employer” means an employer who is
  149  liable for contributions under this chapter.
  150         (16)(14) “Contribution” means a payment of payroll tax to
  151  the Unemployment Compensation Trust Fund which is required under
  152  this chapter to finance unemployment benefits.
  153         (17)(15) “Crew leader” means an individual who:
  154         (a) Furnishes individuals to perform service in
  155  agricultural labor for another person.
  156         (b) Pays, either on his or her own behalf or on behalf of
  157  the other person, the individuals furnished by him or her for
  158  the service in agricultural labor performed by those
  159  individuals.
  160         (c) Has not entered into a written agreement with the other
  161  person under which the individual is designated as an employee
  162  of the other person.
  163         (18)(16) “Earned income” means gross remuneration derived
  164  from work, professional service, or self-employment. The term
  165  includes commissions, bonuses, back pay awards, and the cash
  166  value of all remuneration paid in a medium other than cash. The
  167  term does not include income derived from invested capital or
  168  ownership of property.
  169         (19)(17) “Educational institution” means an institution,
  170  except for an institution of higher education:
  171         (a) In which participants, trainees, or students are
  172  offered an organized course of study or training designed to
  173  transfer to them knowledge, skills, information, doctrines,
  174  attitudes, or abilities from, by, or under the guidance of, an
  175  instructor or teacher;
  176         (b) Which That is approved, licensed, or issued a permit to
  177  operate as a school by the Department of Education or other
  178  governmental agency that is authorized within the state to
  179  approve, license, or issue a permit for the operation of a
  180  school; and
  181         (c) Which That offers courses of study or training which
  182  are academic, technical, trade, or preparation for gainful
  183  employment in a recognized occupation.
  184         (20)(18) “Employee leasing company” means an employing unit
  185  that has a valid and active license under chapter 468, and that
  186  maintains the records required by s. 443.171(5), and produces,
  187  in addition, is responsible for producing quarterly reports
  188  concerning the clients and the internal staff of the employee
  189  leasing company and the internal staff of the employee leasing
  190  company. As used in this subsection, the term “client” means a
  191  party who has contracted with an employee leasing company that
  192  provides to provide a worker, or workers, to perform services
  193  for the client. Leased employees include employees subsequently
  194  placed on the payroll of the employee leasing company on behalf
  195  of the client. An employee leasing company must notify the tax
  196  collection service provider within 30 days after the initiation
  197  or termination of the company’s relationship with a any client
  198  company under chapter 468.
  199         (21)(19) “Employer” means an employing unit subject to this
  200  chapter under s. 443.1215.
  201         (22)(20) “Employing unit” means an individual; an or type
  202  of organization, including a partnership, limited liability
  203  company, association, trust, estate, joint-stock company,
  204  insurance company, or corporation, whether domestic or foreign;
  205  the receiver, trustee in bankruptcy, trustee, or successor of
  206  any of the foregoing; or the legal representative of a deceased
  207  person, who which has or had in his or her its employ one or
  208  more individuals performing services for it within this state.
  209         (a) Each individual employed to perform or to assist in
  210  performing the work of any agent or employee of an employing
  211  unit is deemed to be employed by the employing unit for the
  212  purposes of this chapter, regardless of whether the individual
  213  was hired or paid directly by the employing unit or by an agent
  214  or employee of the employing unit, if the employing unit had
  215  actual or constructive knowledge of the work.
  216         (b) Each individual performing services in this state for
  217  an employing unit maintaining at least two separate
  218  establishments in this state is deemed to be performing services
  219  for a single employing unit for the purposes of this chapter.
  220         (c) A person who is an officer of a corporation, or a
  221  member of a limited liability company classified as a
  222  corporation for federal income tax purposes, and who performs
  223  services for the corporation or limited liability company in
  224  this state, regardless of whether those services are continuous,
  225  is deemed an employee of the corporation or the limited
  226  liability company during all of each week of his or her tenure
  227  of office, regardless of whether he or she is compensated for
  228  those services. Services are presumed to be rendered for the
  229  corporation if in cases in which the officer is compensated by
  230  means other than dividends upon shares of stock of the
  231  corporation owned by him or her.
  232         (d) A limited liability company shall be treated as having
  233  the same status as it is classified for federal income tax
  234  purposes.
  235         (23)(21) “Employment” means a service subject to this
  236  chapter under s. 443.1216 which is performed by an employee for
  237  his or her employer the person employing him or her.
  238         (24)(22) “Farm” includes stock, dairy, poultry, fruit, fur
  239  bearing animal, and truck farms, plantations, ranches,
  240  nurseries, ranges, greenhouses or other similar structures used
  241  primarily for the raising of agricultural or horticultural
  242  commodities, and orchards.
  243         (25)(23) “Fund” means the Unemployment Compensation Trust
  244  Fund created under this chapter, into which all contributions
  245  and reimbursements required under this chapter are deposited and
  246  from which all benefits provided under this chapter are paid.
  247         (26)(24) “High quarter” means the quarter in an
  248  individual’s base period in which the individual has the
  249  greatest amount of wages paid, regardless of the number of
  250  employers paying wages in that quarter.
  251         (27)(25) “Hospital” means an establishment institution that
  252  is licensed as a hospital under chapter 395, certified, or
  253  approved by the Agency for Health Care Administration as a
  254  hospital.
  255         (28)(26) “Institution of higher education” means an
  256  educational institution that:
  257         (a) Admits as regular students only individuals having a
  258  certificate of graduation from a high school, or the recognized
  259  equivalent of a certificate of graduation;
  260         (b) Is legally authorized in this state to provide a
  261  program of education beyond high school;
  262         (c) Provides an educational program that for which it
  263  awards a bachelor’s or higher degree, or provides a program that
  264  is acceptable for full credit toward a bachelor’s or higher
  265  degree; a program of postgraduate or postdoctoral studies; or a
  266  program of training to prepare students for gainful employment
  267  in a recognized occupation; and
  268         (d) Is a public or other nonprofit institution.
  269  
  270  The term includes each community college and state university in
  271  this state, and any each other institution in this state
  272  authorized under s. 1005.03 to use the designation “college” or
  273  “university.under s. 1005.03.
  274         (29)(27) “Insured work” means employment for employers.
  275         (30)(28) “Leave of absence” means a temporary break in
  276  service to an employer, for a specified period of time, during
  277  which the employing unit guarantees the same or a comparable
  278  position to the worker at the expiration of the leave.
  279         (31)“Member of the individual’s immediate familymeans an
  280  individual’s spouse, parent, or minor child.
  281         (32)(29) “Misconduct” includes, but is not limited to, the
  282  following, which may not be construed in pari materia with each
  283  other:
  284         (a) Conduct demonstrating willful or wanton disregard of an
  285  employer’s interests and found to be a deliberate violation or
  286  disregard of the standards of behavior which the employer has a
  287  right to expect of his or her employee; or
  288         (b) Carelessness or negligence to a degree or recurrence
  289  that manifests culpability, wrongful intent, or evil design or
  290  shows an intentional and substantial disregard of the employer’s
  291  interests or of the employee’s duties and obligations to his or
  292  her employer.
  293         (33)(30) “Monetary determination” means a determination of
  294  whether and in what amount a claimant is eligible for benefits
  295  based on the claimant’s employment during the base period of the
  296  claim.
  297         (34)(31) “Nonmonetary determination” means a determination
  298  of the claimant’s eligibility for benefits based on an issue
  299  other than monetary entitlement and benefit overpayment.
  300         (35)(32) “Not in the course of the employer’s trade or
  301  business” means not promoting or advancing the trade or business
  302  of the employer.
  303         (36)(33) “One-stop career center” means a service site
  304  established and maintained as part of the one-stop delivery
  305  system under s. 445.009.
  306         (37)(34) “Pay period” means a period of 31 or fewer
  307  consecutive days for which a payment or remuneration is
  308  ordinarily made to the employee by the person employing him or
  309  her.
  310         (38)(35) “Public employer” means:
  311         (a) A state agency or political subdivision of the state;
  312         (b) An instrumentality that is wholly owned by one or more
  313  state agencies or political subdivisions of the state; or
  314         (c) An instrumentality that is wholly owned by one or more
  315  state agencies, political subdivisions, or instrumentalities of
  316  the state and one or more state agencies or political
  317  subdivisions of one or more other states.
  318         (39)(36) “Reasonable assurance” means a written or verbal
  319  agreement, an agreement between an employer and a worker
  320  understood through tradition within the trade or occupation, or
  321  an agreement defined in an employer’s policy.
  322         (40)(37) “Reimbursement” means a payment of money to the
  323  Unemployment Compensation Trust Fund in lieu of a contribution
  324  which is required under this chapter to finance unemployment
  325  benefits.
  326         (41)(38) “Reimbursing employer” means an employer who is
  327  liable for reimbursements in lieu of contributions made under
  328  this chapter.
  329         (42)(39) “State” includes the states of the United States,
  330  the District of Columbia, Canada, the Commonwealth of Puerto
  331  Rico, and the Virgin Islands.
  332         (43)(40) “State law” means the unemployment insurance law
  333  of any state, approved by the United States Secretary of Labor
  334  under s. 3304 of the Internal Revenue Code of 1954.
  335         (44)(41) “Tax collection service provider” or “service
  336  provider” means the state agency providing unemployment tax
  337  collection services under contract with the agency for Workforce
  338  Innovation through an interagency agreement pursuant to s.
  339  443.1316.
  340         (45)(42) “Temporary layoff” means a job separation due to
  341  lack of work which does not exceed 8 consecutive weeks and which
  342  has a fixed or approximate return-to-work date.
  343         (46)(43) “Unemployment” or “unemployed” means:
  344         (a) An individual is “totally unemployed” in any week
  345  during which he or she does not perform any services and for
  346  which earned income is not payable to him or her. An individual
  347  is “partially unemployed” in any week of less than full-time
  348  work if the earned income payable to him or her for that week is
  349  less than his or her weekly benefit amount. The agency for
  350  Workforce Innovation may adopt rules prescribing distinctions in
  351  the procedures for unemployed individuals based on total
  352  unemployment, part-time unemployment, partial unemployment of
  353  individuals attached to their regular jobs, and other forms of
  354  short-time work.
  355         (b) An individual’s week of unemployment commences only
  356  after his or her registration with the agency for Workforce
  357  Innovation as required in s. 443.091, except as the agency may
  358  otherwise prescribe by rule.
  359         (47)(44) “Wages” means remuneration subject to this chapter
  360  under s. 443.1217.
  361         (48)(45) “Week” means a period of 7 consecutive days as
  362  defined in agency the rules of the Agency for Workforce
  363  Innovation. The agency for Workforce Innovation may by rule
  364  prescribe that a week is deemed to be “in,” “within,” or
  365  “during” the benefit year that contains the greater part of the
  366  week.
  367         Section 2. Paragraphs (c) and (f) of subsection (1) of
  368  section 443.091, Florida Statutes, are amended to read:
  369         443.091 Benefit eligibility conditions.—
  370         (1) An unemployed individual is eligible to receive
  371  benefits for any week only if the Agency for Workforce
  372  Innovation finds that:
  373         (c)1. She or he is able to work and is available for work.
  374  In order to assess eligibility for a claimed week of
  375  unemployment, the agency for Workforce Innovation shall develop
  376  criteria to determine a claimant’s ability to work and
  377  availability for work.
  378         1. Notwithstanding any provisions of this paragraph, an
  379  otherwise eligible individual may not be found ineligible for
  380  benefits solely because he or she is available for only part
  381  time work. For the purposes of this paragraph, “available for
  382  part-time work” means that the individual is available for the
  383  number of weekly hours that are comparable to the number of
  384  hours the individual worked during the majority of the base
  385  period.
  386         2. Notwithstanding any other provision of this paragraph,
  387  including an individual’s availability to work, or paragraphs
  388  (b) and (d), an otherwise eligible individual may not be denied
  389  benefits for any week because she or he is in training with the
  390  approval of the agency for Workforce Innovation, and such an
  391  individual may not be denied benefits for any week in which she
  392  or he is in training with the approval of the Agency for
  393  Workforce Innovation by reason of subparagraph 1. relating to
  394  availability for work, or by reason of s. 443.101(2) relating to
  395  failure to apply for, or refusal to accept, suitable work.
  396  Training may be approved by the agency for Workforce Innovation
  397  in accordance with criteria prescribed by rule. A claimant’s
  398  eligibility during approved training is contingent upon
  399  satisfying eligibility conditions prescribed by rule.
  400         3. Notwithstanding any other provision of this chapter, an
  401  otherwise eligible individual who is in training approved under
  402  s. 236(a)(1) of the Trade Act of 1974, as amended, may not be
  403  determined to be ineligible or disqualified for benefits due to
  404  with respect to her or his enrollment in such training or
  405  because of leaving work that is not suitable employment to enter
  406  such training. As used in this subparagraph, the term “suitable
  407  employment” means, for a worker, work of a substantially equal
  408  or higher skill level than the worker’s past adversely affected
  409  employment, as defined for purposes of the Trade Act of 1974, as
  410  amended, the wages for which are at least 80 percent of the
  411  worker’s average weekly wage as determined for purposes of the
  412  Trade Act of 1974, as amended.
  413         4. Notwithstanding any other provision of this section, an
  414  otherwise eligible individual may not be denied benefits for any
  415  week by reason of subparagraph 1. because she or he is before
  416  any federal or state court pursuant to a of the United States or
  417  any state under a lawfully issued summons to appear for jury
  418  duty.
  419         (f) She or he has been paid wages for insured work equal to
  420  1.5 times her or his high quarter wages during her or his base
  421  period, except that an unemployed individual is not eligible to
  422  receive benefits if the base period wages are less than $3,400.
  423  If the individual is ineligible for benefits calculated on a
  424  base period wage, wages must be calculated using an alternative
  425  base period and the claimant must have the opportunity to choose
  426  whether to establish a claim using such wages. Wages can be
  427  calculated for an alternative base period only if the base
  428  period wages are inadequate to establish eligibility under this
  429  paragraph and only for benefit years that begin on or after
  430  January 1, 2010. Wages used to establish a monetarily eligible
  431  benefit year may not be used to establish monetary eligibility
  432  in a subsequent benefit year.
  433         Section 3. Paragraph (a) of subsection (1) and paragraph
  434  (a) of subsection (2) of section 443.101, Florida Statutes, are
  435  amended to read:
  436         443.101 Disqualification for benefits.—An individual shall
  437  be disqualified for benefits:
  438         (1)(a) For the week in which he or she has voluntarily left
  439  his or her work without good cause attributable to his or her
  440  employing unit or in which the individual has been discharged by
  441  his or her employing unit for misconduct connected with his or
  442  her work, based on a finding by the agency for Workforce
  443  Innovation. As used in this paragraph, the term “work” means any
  444  work, whether full-time, part-time, or temporary.
  445         1. Disqualification for voluntarily quitting continues for
  446  the full period of unemployment next ensuing after he or she has
  447  left his or her full-time, part-time, or temporary work
  448  voluntarily without good cause and until the individual has
  449  earned income equal to or in excess of 17 times his or her
  450  weekly benefit amount. As used in this subsection, the term
  451  “good cause” includes only that cause attributable to the
  452  employing unit or which consists of illness or disability of the
  453  individual requiring separation from his or her work. Any other
  454  disqualification may not be imposed. An individual is not
  455  disqualified under this subsection for voluntarily leaving
  456  temporary work to return immediately when called to work by the
  457  permanent employing unit that temporarily terminated his or her
  458  work within the previous 6 calendar months. For benefit years
  459  beginning on or after July 1, 2004, an individual is not
  460  disqualified under this subsection for voluntarily leaving work
  461  to relocate as a result of his or her military-connected
  462  spouse’s permanent change of station orders, activation orders,
  463  or unit deployment orders.
  464         2. Disqualification for being discharged for misconduct
  465  connected with his or her work continues for the full period of
  466  unemployment next ensuing after having been discharged and until
  467  the individual has become reemployed and has earned income of at
  468  least 17 times his or her weekly benefit amount and for not more
  469  than 52 weeks that immediately follow that week, as determined
  470  by the agency for Workforce Innovation in each case according to
  471  the circumstances in each case or the seriousness of the
  472  misconduct, under the agency’s rules for determining adopted for
  473  determinations of disqualification for benefits for misconduct.
  474         3. If When an individual has provided notification to the
  475  employing unit of his or her intent to voluntarily leave work
  476  and the employing unit discharges the individual for reasons
  477  other than misconduct prior to the date the voluntary quit was
  478  to take effect, the individual, if otherwise entitled, shall
  479  will receive benefits from the date of the employer’s discharge
  480  until the effective date of his or her voluntary quit.
  481         4. If When an individual is notified by the employing unit
  482  of the employer’s intent to discharge the individual for reasons
  483  other than misconduct and the individual quits without good
  484  cause before, as defined in this section, prior to the date the
  485  discharge was to take effect, the claimant is ineligible for
  486  benefits pursuant to s. 443.091(1)(c)1. for failing to be
  487  available for work for the week or weeks of unemployment
  488  occurring prior to the effective date of the discharge.
  489         5.As used in this paragraph, the term “good cause” means:
  490         a.Cause attributable to the employing unit or an illness
  491  or disability that requires separation from work;
  492         b.Domestic violence, as defined in s. 741.28, and verified
  493  by reasonable and confidential documentation that causes the
  494  individual to reasonably believe that continued employment will
  495  jeopardize the individual’s safety and the safety of a member of
  496  his or her immediate family;
  497         c.Illness or disability of a member of the individual’s
  498  immediate family; or
  499         d.The individual’s need to accompany her or his spouse if
  500  the spouse’s relocation resulted from a change in the spouse’s
  501  employment and the relocation makes it impractical for the
  502  individual to commute to her or his workplace.
  503         (2) If the Agency for Workforce Innovation finds that the
  504  individual has failed without good cause to apply for available
  505  suitable work when directed by the agency or the one-stop career
  506  center, to accept suitable work when offered to him or her, or
  507  to return to the individual’s customary self-employment when
  508  directed by the agency, the disqualification continues for the
  509  full period of unemployment next ensuing after he or she failed
  510  without good cause to apply for available suitable work, to
  511  accept suitable work, or to return to his or her customary self
  512  employment, under this subsection, and until the individual has
  513  earned income at least 17 times his or her weekly benefit
  514  amount. The Agency for Workforce Innovation shall by rule adopt
  515  criteria for determining the “suitability of work,” as used in
  516  this section. The Agency for Workforce Innovation in developing
  517  these rules shall consider the duration of a claimant’s
  518  unemployment in determining the suitability of work and the
  519  suitability of proposed rates of compensation for available
  520  work. Further, after an individual has received 25 weeks of
  521  benefits in a single year, suitable work is a job that pays the
  522  minimum wage and is 120 percent or more of the weekly benefit
  523  amount the individual is drawing.
  524         (a) In determining whether or not any work is suitable for
  525  an individual, the agency for Workforce Innovation shall
  526  consider the degree of risk involved to his or her health,
  527  safety, and morals; the individual’s his or her physical
  528  fitness, and prior training,; the individual’s experience, and
  529  prior earnings,; his or her length of unemployment, and
  530  prospects for securing local work in his or her customary
  531  occupation; and the distance of the available work from his or
  532  her residence. An unemployed individual may not be disqualified
  533  for benefits solely because he or she is available for only
  534  part-time work. For the purposes of this paragraph, “available
  535  for part-time work” means that the individual is available for
  536  the number of weekly hours that are comparable to the number of
  537  hours the individual worked during the majority of the base
  538  period.
  539         Section 4. Paragraph (a) of subsection (1) and paragraph
  540  (f) of subsection (13) of section 443.1216, Florida Statutes,
  541  are amended to read:
  542         443.1216 Employment.—Employment, as defined in s. 443.036,
  543  is subject to this chapter under the following conditions:
  544         (1)(a) The employment subject to this chapter includes a
  545  service performed, including a service performed in interstate
  546  commerce, by:
  547         1. An officer of a corporation.
  548         2. An individual who, under the usual common-law rules
  549  applicable for in determining the employer-employee
  550  relationship, is an employee. However, if whenever a client who,
  551  as defined in s. 443.036(18), which would otherwise be
  552  designated as an employing unit has contracted with an employee
  553  leasing company to supply it with workers, those workers are
  554  considered employees of the employee leasing company. An
  555  employee leasing company may lease corporate officers of the
  556  client to the client and other workers to the client, except as
  557  prohibited by regulations of the Internal Revenue Service.
  558  Employees of an employee leasing company must be reported under
  559  the employee leasing company’s tax identification number and
  560  contribution rate for work performed for the employee leasing
  561  company.
  562         a. In addition to any other report required to be filed by
  563  law, an employee leasing company shall submit a report to the
  564  Labor Market Statistics Center within the agency for Workforce
  565  Innovation which includes each client establishment and each
  566  establishment of the employee leasing company, or as otherwise
  567  directed by the agency. The report must include the following
  568  information for each establishment:
  569         (I) The trade or establishment name;
  570         (II) The former unemployment compensation account number,
  571  if available;
  572         (III) The former federal employer’s identification number
  573  (FEIN), if available;
  574         (IV) The industry code recognized and published by the
  575  United States Office of Management and Budget, if available;
  576         (V) A description of the client’s primary business activity
  577  in order to verify or assign an industry code;
  578         (VI) The address of the physical location;
  579         (VII) The number of full-time and part-time employees who
  580  worked during, or received pay that was subject to unemployment
  581  compensation taxes for, the pay period including the 12th of the
  582  month for each month of the quarter;
  583         (VIII) The total wages subject to unemployment compensation
  584  taxes paid during the calendar quarter;
  585         (IX) An internal identification code to uniquely identify
  586  each establishment of each client;
  587         (X) The month and year that the client entered into the
  588  contract for services; and
  589         (XI) The month and year that the client terminated the
  590  contract for services.
  591         b. The report shall be submitted electronically or as in a
  592  manner otherwise prescribed by the agency and for Workforce
  593  Innovation in the format specified by the Bureau of Labor
  594  Statistics of the United States Department of Labor for its
  595  Multiple Worksite Report for Professional Employer
  596  Organizations. The report must be provided quarterly to the
  597  Labor Market Statistics Center within the agency for Workforce
  598  Innovation, or as otherwise directed by the agency, and must be
  599  filed by the last day of the month immediately following the end
  600  of the calendar quarter. The information required in sub-sub
  601  subparagraphs a.(X) and (XI) need be provided only in the
  602  quarter in which the contract to which it relates was entered
  603  into or terminated. The sum of the employment data and the sum
  604  of the wage data in the this report must match the employment
  605  and wages reported in the unemployment compensation quarterly
  606  tax and wage report. A report is not required for any calendar
  607  quarter preceding the third calendar quarter of 2010.
  608         c. The agency for Workforce Innovation shall adopt rules as
  609  necessary to administer this subparagraph, and may administer,
  610  collect, enforce, and waive the penalty imposed by s.
  611  443.141(1)(b) for the report required by this subparagraph.
  612         d. For the purposes of this subparagraph, the term
  613  “establishment” means any location where business is conducted
  614  or where services or industrial operations are performed.
  615         3. An individual other than an individual who is an
  616  employee under subparagraph 1. or subparagraph 2., who performs
  617  services for remuneration for any person:
  618         a. As an agent-driver or commission-driver engaged in
  619  distributing meat products, vegetable products, fruit products,
  620  bakery products, beverages other than milk, or laundry or
  621  drycleaning services for his or her principal.
  622         b. As a traveling or city salesperson engaged on a full
  623  time basis in the solicitation on behalf of, and the
  624  transmission to, his or her principal of orders from
  625  wholesalers, retailers, contractors, or operators of hotels,
  626  restaurants, or other similar establishments for merchandise for
  627  resale or supplies for use in their business operations. This
  628  sub-subparagraph does not apply to an agent-driver, or a
  629  commission-driver, or and does not apply to sideline sales
  630  activities performed on behalf of a person other than the
  631  salesperson’s principal.
  632         4. The services described in subparagraph 3. are employment
  633  subject to this chapter only if:
  634         a. The contract of service contemplates that substantially
  635  all of the services are to be performed personally by the
  636  individual;
  637         b. The individual does not have a substantial investment in
  638  facilities used in connection with the services, other than
  639  facilities used for transportation; and
  640         c. The services are not in the nature of a single
  641  transaction that is not part of a continuing relationship with
  642  the person for whom the services are performed.
  643         (13) The following are exempt from coverage under this
  644  chapter:
  645         (f) Service performed in the employ of a public employer as
  646  defined in s. 443.036, except as provided in subsection (2), and
  647  service performed in the employ of an instrumentality of a
  648  public employer as described in s. 443.036(38)(b) or (c) s.
  649  443.036(35)(b) or (c), to the extent that the instrumentality is
  650  immune under the United States Constitution from the tax imposed
  651  by s. 3301 of the Internal Revenue Code for that service.
  652         Section 5. Paragraph (f) of subsection (3) of section
  653  443.131, Florida Statutes, is amended to read:
  654         443.131 Contributions.—
  655         (3) VARIATION OF CONTRIBUTION RATES BASED ON BENEFIT
  656  EXPERIENCE.—
  657         (f) Transfer of employment records.—
  658         1. For the purposes of this subsection, two or more
  659  employers who are parties to a transfer of business or the
  660  subject of a merger, consolidation, or other form of
  661  reorganization, effecting a change in legal identity or form,
  662  are deemed a single employer and are considered to be one
  663  employer with a continuous employment record if the tax
  664  collection service provider finds that the successor employer
  665  continues to carry on the employing enterprises of all of the
  666  predecessor employers, and that the successor employer has paid
  667  all contributions required of and due from all of the
  668  predecessor employers, and has assumed liability for all
  669  contributions that may become due from all of the predecessor
  670  employers. In addition, An employer may not be considered a
  671  successor under this subparagraph if the employer purchases a
  672  company with a lower rate into which employees with job
  673  functions unrelated to the business endeavors of the predecessor
  674  are transferred for the purpose of acquiring the low rate and
  675  avoiding payment of contributions. As used in this paragraph,
  676  Notwithstanding s. 443.036(16) s. 443.036(14), the term
  677  “contributions,as used in this paragraph, means all
  678  indebtedness to the tax collection service provider, including,
  679  but not limited to, interest, penalty, collection fee, and
  680  service fee.
  681         2. A successor employer must accept the transfer of all of
  682  the predecessor employers’ employment records within 30 days
  683  after the date of the official notification of liability by
  684  succession. If a predecessor employer has unpaid contributions
  685  or outstanding quarterly reports, the successor employer must
  686  pay the total amount with certified funds within 30 days after
  687  the date of the notice listing the total amount due. After the
  688  total indebtedness is paid, the tax collection service provider
  689  shall transfer the employment records of all of the predecessor
  690  employers to the successor employer’s employment record. The tax
  691  collection service provider shall determine the contribution
  692  rate of the combined successor and predecessor employers upon
  693  the transfer of the employment records, as prescribed by rule,
  694  in order to calculate any change in the contribution rate
  695  resulting from the transfer of the employment records.
  696         3.2. Regardless of whether a predecessor employer’s
  697  employment record is transferred to a successor employer under
  698  this paragraph, the tax collection service provider shall treat
  699  the predecessor employer, if he or she subsequently employs
  700  individuals, as an employer without a previous employment record
  701  or, if his or her coverage is terminated under s. 443.121, as a
  702  new employing unit.
  703         4.3. The state agency providing unemployment tax collection
  704  services may adopt rules governing the partial transfer of
  705  experience rating when an employer transfers an identifiable and
  706  segregable portion of his or her payrolls and business to a
  707  successor employing unit. As a condition of each partial
  708  transfer, these rules must require the following to be filed
  709  with the tax collection service provider: an application by the
  710  successor employing unit, an agreement by the predecessor
  711  employer, and the evidence required by the tax collection
  712  service provider to show the benefit experience and payrolls
  713  attributable to the transferred portion through the date of the
  714  transfer. These rules must provide that the successor employing
  715  unit, if not an employer subject to this chapter, becomes an
  716  employer as of the date of the transfer and that the transferred
  717  portion of the predecessor employer’s employment record is
  718  removed from the employment record of the predecessor employer.
  719  For each calendar year after the date of the transfer of the
  720  employment record in the records of the tax collection service
  721  provider, the service provider shall compute the contribution
  722  rate payable by the successor employer or employing unit based
  723  on his or her employment record, combined with the transferred
  724  portion of the predecessor employer’s employment record. These
  725  rules may also prescribe what contribution rates are payable by
  726  the predecessor and successor employers for the period between
  727  the date of the transfer of the transferred portion of the
  728  predecessor employer’s employment record in the records of the
  729  tax collection service provider and the first day of the next
  730  calendar year.
  731         5.4. This paragraph does not apply to an employee leasing
  732  company and client contractual agreement as defined in s.
  733  443.036. The tax collection service provider shall, if the
  734  contractual agreement is terminated or the employee leasing
  735  company fails to submit reports or pay contributions as required
  736  by the service provider, treat the client as a new employer
  737  without previous employment record unless the client is
  738  otherwise eligible for a variation from the standard rate.
  739         Section 6. Subsection (3) of section 443.151, Florida
  740  Statutes, is amended to read:
  741         443.151 Procedure concerning claims.—
  742         (3) DETERMINATION.—
  743         (a) In general.—The agency for Workforce Innovation shall
  744  promptly make an initial determination for each claim filed
  745  under subsection (2). The determination must include a statement
  746  of whether and in what amount the claimant is entitled to
  747  benefits, and, if denied in the event of a denial, must state
  748  the reasons for the denial. A determination for the first week
  749  of a benefit year must also include a statement of whether the
  750  claimant was paid the wages required under s. 443.091(1)(f) and,
  751  if so, the first day of the benefit year, the claimant’s weekly
  752  benefit amount, and the maximum total amount of benefits payable
  753  to the claimant for a benefit year. The agency for Workforce
  754  Innovation shall promptly notify the claimant, the claimant’s
  755  most recent employing unit, and all employers whose employment
  756  records are liable for benefits under the determination of the
  757  initial determination. The determination is final unless within
  758  20 days after the mailing of the notices to the parties’ last
  759  known addresses, or in lieu of mailing, within 20 days after the
  760  delivery of the notices, an appeal or written request for
  761  reconsideration is filed by the claimant or other party entitled
  762  to notice.
  763         (b)Determinations involving an alternative base period.In
  764  the case of a claim for benefits involving an alternative base
  765  period under s. 443.091(1)(f), if the agency is unable to access
  766  wage information through the database of its tax collection
  767  service provider, the agency shall request the information from
  768  the employer by mail. The employer must provide the requested
  769  information within 10 days after the agency mails the request.
  770  If wage information is unavailable, the agency may base the
  771  determination on an affidavit submitted by the individual
  772  attesting to her or his wages for those calendar quarters. The
  773  individual must furnish payroll information, if available, in
  774  support of the affidavit. Benefits based on an alternative base
  775  period must be adjusted if the quarterly report of wage
  776  information received from the employer under s. 443.141 results
  777  in a change in the monetary determination.
  778         (c)(b)Determinations in labor dispute cases.If a Whenever
  779  any claim involves a labor dispute described in s. 443.101(4),
  780  the agency for Workforce Innovation shall promptly assign the
  781  claim to a special examiner who shall make a determination on
  782  the issues involving unemployment due to the labor dispute. The
  783  special examiner shall make the determination after an
  784  investigation, as necessary. The claimant or another party
  785  entitled to notice of the determination may appeal a
  786  determination under subsection (4).
  787         (d)(c)Redeterminations.—
  788         1. The agency for Workforce Innovation may reconsider a
  789  determination if when it finds an error or if when new evidence
  790  or information pertinent to the determination is discovered
  791  after a prior determination or redetermination. A
  792  redetermination may not be made more than 1 year after the last
  793  day of the benefit year unless a the disqualification for making
  794  a false or fraudulent representation in s. 443.101(6) is
  795  applicable, in which case the redetermination may be made within
  796  2 years after the false or fraudulent representation. The agency
  797  for Workforce Innovation must promptly give notice of
  798  redetermination to the claimant and to any employers entitled to
  799  notice in the manner prescribed in this section for the notice
  800  of an initial determination.
  801         2. If the amount of benefits is increased by the
  802  redetermination, an appeal of the redetermination based solely
  803  on the increase may be filed as provided in subsection (4). If
  804  the amount of benefits is decreased by the redetermination, the
  805  redetermination may be appealed by the claimant when a
  806  subsequent claim for benefits is affected in amount or duration
  807  by the redetermination. If the final decision on the
  808  determination or redetermination to be reconsidered was made by
  809  an appeals referee, the commission, or a court, the agency for
  810  Workforce Innovation may apply for a revised decision from the
  811  body or court that made the final decision.
  812         2.Unless it is withdrawn, If an appeal of an original
  813  determination that is pending when a redetermination is issued,
  814  the appeal unless withdrawn is treated as an appeal from the
  815  redetermination.
  816         (e)(d)Notice of determination or redetermination.—Notice
  817  of any monetary or nonmonetary determination or redetermination
  818  under this chapter, together with the reasons for the
  819  determination or redetermination, must be promptly given to the
  820  claimant and to any employer entitled to notice in the manner
  821  provided in this subsection. The agency for Workforce Innovation
  822  shall adopt rules prescribing the manner and procedure by which
  823  employers within the base period of a claimant become entitled
  824  to notice.
  825         Section 7. This act shall take effect July 1, 2010.

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