Notice of Proposed Rule

DEPARTMENT OF MANAGEMENT SERVICES
Agency for Workforce Innovation
RULE NO.: RULE TITLE:
60BB-3.0155: Payment of Benefits
PURPOSE AND EFFECT: The proposed new rule requires that unemployment benefits be paid by debit card or electronic funds transfer, except in limited circumstances.
SUMMARY: The proposed amendment eliminates the practice of payment by paper warrants except in cases in which circumstances exist which make payment by debit card or EFT impractical or illegal or when the claimant was receiving payment by paper warrant for the week ending July 2, 2011.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 443.1317(1)(b) FS.
LAW IMPLEMENTED: 443.1115, 443.1117 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: Friday, October 28, 2011, 3:00 p.m., EDT
PLACE: Agency for Workforce Innovation, Law Library, 107 E. Madison Street, Tallahassee, Florida 32399-4128
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: John R. Perry, Assistant General Counsel, Agency for Workforce Innovation, 107 E. Madison Street, MSC 110, Tallahassee, Florida 32399-4128, (850)245-7152

THE FULL TEXT OF THE PROPOSED RULE IS:

60BB-3.0155 Payment of Benefits.

(1) Benefits To Be Paid Electronically. The Agency will pay benefits by means of an Agency issued debit card or by electronic funds transfer (EFT). Except as provided by subsection (2), benefits will be paid only by debit card or EFT.

(2) The Agency will not pay benefits by paper warrant except when.

(a) Circumstances exist which make payment by debit card or EFT impractical or illegal; or

(b) The claimant received payment by paper warrant for the week ending July 2, 2011, in which case, he or she may continue to receive payment in that manner until the expiration of the claim.

(3) At the time of application, the claimant will make an election to receive payment by debit card or EFT. If requested by the claimant, the Agency will change the method of payment from EFT to debit card or from debit card to EFT.

Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.111(1)(a)  FS. History–New_______.


NAME OF PERSON ORIGINATING PROPOSED RULE: John R. Perry, Assistant General Counsel, Agency for Workforce Innovation, Office of General Counsel, 107 East Madison Street, MSC 110, Tallahassee, Florida 32399-4128, (850)245-7152
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Cynthia R. Lorenzo
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 2, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 1, 2011