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The Florida Statutes

The 2009 Florida Statutes

Title XXXI
LABOR
Chapter 443
UNEMPLOYMENT COMPENSATION
View Entire Chapter
Section 443.1117, Florida Statutes 2009

1443.1117  Temporary extended benefits.--

(1)  APPLICABILITY OF EXTENDED BENEFITS STATUTE.--Except when the result is inconsistent with the other provisions of this section, the provisions of s. 443.1115(3), (4), (6), and (7) apply to all claims covered by this section.

(2)  DEFINITIONS.--For the purposes of this section, the term:

(a)  "Regular benefits" and "extended benefits" have the same meaning as in s. 443.1115.

(b)  "Eligibility period" means the period consisting of the weeks in an individual's benefit year or emergency benefit period which begin in an extended benefit period and, if the benefit year or emergency benefit period ends within that extended benefit period, any subsequent weeks beginning in that period.

(c)  "Emergency benefits" means Emergency Unemployment Compensation paid pursuant to Pub. L. No. 110-252, Pub. L. No. 110-449, and Pub. L. No. 111-5.

(d)  "Extended benefit period" means a period that:

1.  Begins with the third week after a week for which there is a state "on" indicator; and

2.  Ends with any of the following weeks, whichever occurs later:

a.  The third week after the first week for which there is a state "off" indicator;

b.  The 13th consecutive week of that period.

However, an extended benefit period may not begin by reason of a state "on" indicator before the 14th week after the end of a prior extended benefit period that was in effect for this state.

(e)  "Emergency benefit period" means the period during which an individual receives emergency benefits as defined in paragraph (c).

(f)  "Exhaustee" means an individual who, for any week of unemployment in her or his eligibility period:

1.  Has received, before that week, all of the regular benefits and emergency benefits, if any, available under this chapter or any other law, including dependents' allowances and benefits payable to federal civilian employees and ex-servicemembers under 5 U.S.C. ss. 8501-8525, in the current benefit year or emergency benefit period that includes that week. For the purposes of this subparagraph, an individual has received all of the regular benefits and emergency benefits, if any, available although, as a result of a pending appeal for wages paid for insured work which were not considered in the original monetary determination in the benefit year, she or he may subsequently be determined to be entitled to added regular benefits;

2.  Had a benefit year which expired before that week, and was paid no, or insufficient, wages for insured work on the basis of which she or he could establish a new benefit year that includes that week; and

3.a.  Has no right to unemployment benefits or allowances under the Railroad Unemployment Insurance Act or other federal laws as specified in regulations issued by the United States Secretary of Labor; and

b.  Has not received and is not seeking unemployment benefits under the unemployment compensation law of Canada; but if an individual is seeking those benefits and the appropriate agency finally determines that she or he is not entitled to benefits under that law, she or he is considered an exhaustee.

(g)  "State 'on' indicator" means, with respect to weeks of unemployment beginning on or after February 1, 2009, and ending on or before December 12, 2009, the occurrence of a week in which the average total unemployment rate, seasonally adjusted, as determined by the United States Secretary of Labor, for the period consisting of the most recent 3 months for which data for all states are published by the United States Department of Labor:

1.  Equals or exceeds 110 percent of the average of those rates for the corresponding 3-month period ending in each of the preceding 2 calendar years; and

2.  Equals or exceeds 6.5 percent.

(h)  "High unemployment period" means, with respect to weeks of unemployment beginning on or after February 1, 2009, and ending on or before December 12, 2009, any week in which the average total unemployment rate, seasonally adjusted, as determined by the United States Secretary of Labor, for the period consisting of the most recent 3 months for which data for all states are published by the United States Department of Labor:

1.  Equals or exceeds 110 percent of the average of those rates for the corresponding 3-month period ending in each of the preceding 2 calendar years; and

2.  Equals or exceeds 8 percent.

(i)  "State 'off' indicator" means the occurrence of a week in which there is no state "on" indicator or which does not constitute a high unemployment period.

(3)  TOTAL EXTENDED BENEFIT AMOUNT.--Except as provided in 2subsection (5):

(a)  For any week for which there is an "on" indicator pursuant to 3paragraph (2)(g), the total extended benefit amount payable to an eligible individual for her or his applicable benefit year is the lesser of:

1.  Fifty percent of the total regular benefits payable under this chapter in the applicable benefit year; or

2.  Thirteen times the weekly benefit amount payable under this chapter for a week of total unemployment in the applicable benefit year.

(b)  For any high unemployment period as defined in 4paragraph (2)(h), the total extended benefit amount payable to an eligible individual for her or his applicable benefit year is the lesser of:

1.  Eighty percent of the total regular benefits payable under this chapter in the applicable benefit year; or

2.  Twenty times the weekly benefit amount payable under this chapter for a week of total unemployment in the applicable benefit year.

(4)  EFFECT ON TRADE READJUSTMENT.--Notwithstanding any other provision of this chapter, if the benefit year of an individual ends within an extended benefit period, the number of weeks of extended benefits the individual is entitled to receive in that extended benefit period for weeks of unemployment beginning after the end of the benefit year, except as provided in this section, is reduced, but not to below zero, by the number of weeks for which the individual received, within that benefit year, trade readjustment allowances under the Trade Act of 1974, as amended.

History.--s. 4, ch. 2009-99.

1Note.--

A.  Section 4, ch. 2009-99, provides for creation of s. 443.1117 "[e]ffective [June 1, 2009], and retroactive to February 1, 2009, and expiring January 2, 2010."

B.  Section 5, ch. 2009-99, provides that "[t]he provisions of s. 443.1117, Florida Statutes, as created by this act, apply only to claims for weeks of unemployment, in which an exhaustee establishes entitlement to extended benefits pursuant to that section, established for the period between February 22, 2009, and January 2, 2010."

2Note.--Subsection (5) does not exist; the intended reference may be to subsection (4).

3Note.--Substituted by the editors for a reference to paragraph (3)(g), which does not exist; paragraph (2)(g) defines the term "state 'on' indicator."

4Note.--Substituted by the editors for a reference to paragraph (3)(h), which does not exist; paragraph (2)(h) defines the term "high unemployment period."

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