Notice of Development of Rulemaking

DEPARTMENT OF MANAGEMENT SERVICES
Agency for Workforce Innovation
RULE NO: RULE TITLE
60BB-3.0251: Definitions Relating to Emergency Unemployment Compensation
60BB-3.0252: Emergency Unemployment Compensation
60BB-3.0253: Emergency Unemployment Compensation Individual Accounts
60BB-3.0254: How to Apply for Emergency Unemployment Compensation
60BB-3.0255: Applicability of Emergency Unemployment Compensation Rules
60BB-3.029: Public Use Forms
PURPOSE AND EFFECT: The new rules and rule amendments set forth in this Notice of Proposed Rule Development implement the procedures and policy relating to the federally funded Emergency Unemployment Compensation Program created by Public Law 110-252 and implemented in Florida through an agreement between the Agency for Workforce Innovation and the United States Department of Labor.
SUBJECT AREA TO BE ADDRESSED: Unemployment Compensation Claims and Benefits.
SPECIFIC AUTHORITY: 443.1317(1)(b) FS.
LAW IMPLEMENTED: 443.036, 443.091, 443.101, 443.111, 443.151, 443.171(5), 43.1715(1), 443.191, 443.221(3) FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: 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)245-7150

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

60BB-3.0251 Definitions Relating to Emergency Unemployment Compensation.

(1) Emergency Unemployment Compensation: A federally funded program created by Public Law 110-252 and implemented in Florida through an agreement between the Agency for Workforce Innovation and the United States Department of Labor which provides up to 13 weeks of unemployment benefits to qualified individuals who have exhausted their rights to regular unemployment compensation on claims that were effective on or after May 2, 2006.

(2) Extended unemployment compensation: Benefits, including benefits payable to federal civilian employees and to ex-servicemembers under 5 U.S.C. ss. 8501-8525, that are payable to an individual under Section 443.1115, Florida Statutes.

(3) Qualifying benefit year: The benefit year established on a Florida claim for regular unemployment compensation which was effective on or after May 2, 2006, and is the basis of the individual’s eligibility for emergency unemployment compensation.

(4) Regular unemployment compensation: Benefits payable to an individual under Chapter 443, Florida Statutes, including benefits payable to federal civilian employees and to ex servicemembers under 5 U.S.C. ss. 8501-8525, other than extended unemployment compensation under Section 443.1115, Florida Statutes.

Specific Authority 443.1317(1)(b) FS. Law Implemented 443.036, 443.221(3) FS. History–New_______.

 

60BB-3.0252 Emergency Unemployment Compensation

(1) Eligibility Conditions. Emergency Unemployment Compensation is available to individuals who:

(a) Have exhausted all rights to regular unemployment compensation on a Florida claim with a benefit year that ended on or after May 1, 2007;

(b) Have no rights to regular unemployment compensation or extended unemployment compensation under any other state or federal law;

(c) Are not receiving compensation with respect to such week under the unemployment compensation law of Canada; and

(d) Are legally authorized to work in the United States.

(2) Exhaustion of Benefits. For purposes of this rule, an individual has exhausted all rights to regular unemployment compensation when that individual:

(a) Has received all regular compensation available on the qualifying benefit year; or

(b) Had rights to regular unemployment compensation on the qualifying benefit year, but those rights were terminated because the benefit year ended.

(3) Amount Payable.

(a) The amount of emergency unemployment compensation payable to an individual for any week of total unemployment shall be equal to the amount of regular unemployment compensation payable during the individual’s qualifying benefit year for a week of total unemployment.

(b) The maximum amount of emergency unemployment compensation payable to any individual will not exceed the amount established for such individual in the emergency unemployment compensation account described in Rule 60BB-3.0253, F.A.C.

(4) Applicable Law. The terms and conditions of the law under which the individual claimed and received regular unemployment compensation shall apply to claims for and payment of emergency unemployment compensation.

(5) False Statements or Misrepresentations. Any person who makes, or causes another to make, a false statement or representation of a material fact, or who knowingly fails, or causes another to fail, to disclose a material fact, with the result that any individual receives an amount of emergency unemployment compensation to which that individual was not entitled, shall be disqualified from receiving emergency unemployment compensation under this rule in accordance with Section 443.101(6), Florida Statutes.

(6) Overpayments. Any person who receives emergency unemployment compensation to which he is not entitled shall repay any such overpayment to the Agency for Workforce Innovation. The requirement to repay the overpayment will not be waived.

(a) The Agency may recoup any such overpayments by deducting 50 percent of the weekly benefit amount from any future payments until the overpayment is repaid in full.

(b) Recoupment of overpayments from future benefits may occur at any time during the 3-year period after the date the individual received the payment of the emergency unemployment compensation to which he was not entitled.

(c) No waiver of such recoupment may occur except as permitted by Section 443.151(6)(c), Florida Statutes.

(7) Finality of Determination Required. No repayment shall be required, and no deduction will be made, until the determination of overpayment becomes final. A determination is final when the individual has:

(a) Been given proper notice of the determination;

(b) Had an opportunity for a fair hearing before an appeals referee; and

(c) Waived or exhausted his legal remedies.

(8) Appeals of Overpayment Determinations. Any determination by the Agency under this rule shall be subject to review as prescribed in Chapter 60BB-5, Florida Administrative Code.

Specific Authority 443.1317(1)(b) FS. Law Implemented 443.091, 443.101, 443.111, 443.151(6), 443.221(3) FS. History– New________.

 

60BB-3.0253 Emergency Unemployment Compensation Individual Accounts.

(1) For each eligible individual who files an application for emergency unemployment compensation, the Agency for Workforce Innovation will establish an emergency unemployment compensation account with respect to that individual’s benefit year.

(2) The amount established in an account under subsection (1) of this rule shall be equal to the lesser of:

(a) 50 percent of the total amount of regular unemployment compensation payable to the individual during his or her benefit year, or

(b) 13 times the individual’s average weekly benefit amount for the benefit year.

(3) An individual who has a balance remaining in his or her individual account as of March 28, 2009, shall continue to receive emergency unemployment compensation from such balance for any week beginning after that date for which he or she meets the eligibility requirements of this rule, except that no compensation shall be payable for any week beginning after June 30, 2009.

Specific Authority 443.1317(1)(b) FS. Law Implemented 443.111, 443.191, 443.221(3) FS. History–New_________.

 

60BB-3.0254 How to Apply for Emergency Unemployment Compensation.

(1) Method of Application. Individuals whose regular unemployment compensation benefits are exhausted or whose benefit year expires between July 6, 2008 and March 28, 2009, will receive notice regarding their eligibility for emergency unemployment compensation and will receive these benefits without filing an application as long as they comply with the continued claims reporting requirements set forth in Rule 60BB-3.015, Florida Administrative Code. All other individuals who wish to receive emergency unemployment compensation must submit an application for benefits to the Agency for Workforce Innovation. Applications must be filed by March 28, 2009. An application may be submitted:

(a) Online by using the Online Internet Unemployment Compensation Claim Application (07/08), or the Online Internet Unemployment Compensation Claim Application (Spanish version) (07/08), which are incorporated by reference in paragraphs 60BB-3.029(1)(fff) and (ggg), F.A.C., and which are available at www.fluidnow.com.

(b) In writing on one of the following forms, which are incorporated by reference in paragraphs 60BB-3.029(1)(l)-(m), Florida Administrative Code, and which are available at www.floridajobs.org/unemployment/uc_emp_claims.html:

(i) Form AWI-UC310EUC (Rev. 07/08);

(ii) Formulario AWI-UC310EUCS (Rev. 07/08), or

(iii) Fom AWI-UCB310EUCC (Rev. 07/08); or

(c) By telephone at (800)204-2418.

(2) Submitting Written Applications. To submit a written application, the claimant must complete, as applicable, the Form AWI-UC310EUC (Rev. 07/08), Formulario AWI-UC310EUCS (Rev. 07/08), or the Fom AWI-UCB310EUCC (Rev. 07/08), and either:

(a) Mail the completed form to the Agency for Workforce Innovation, Unemployment Compensation Records Unit, P. O. Drawer 5350, Tallahassee, Florida 32314-5350; or

(b) Fax the form to the Agency for Workforce Innovation, Unemployment Compensation Records Unit, (850)921-3938.

(3) Notice of Determination.

(a) Notice of the Agency’s determination of a claimant’s eligibility or ineligibility for emergency unemployment compensation will be mailed to the claimant on a Form AWI-UCB11 EUC (07/08).

(b) Notice of ineligibility will be mailed to the claimant on a Form AWI-UCB11-1 EUC (07/08) in all cases in which the claimant did not have a valid claim for regular unemployment compensation effective on or after May 2, 2006.

Specific Authority 443.1317(1)(b) FS. Law Implemented 443.091, 443.101, 443.111, 443.151, 443.221(3) FS. History–New__________.

 

60BB-3.0255 Applicability of Emergency Unemployment Compensation Rules.

Emergency unemployment compensation is payable for weeks that begin on or after July 6, 2008. No new emergency unemployment accounts shall be established for weeks ending after March 28, 2009, and no emergency unemployment compensation shall be paid for weeks beginning after June 30, 2009.

Specific Authority 443.1317(1)(b) FS. Law Implemented 443.191, 443.221(3) FS. History–New_________.

 

60BB-3.029 Public Use Forms.

(1) The following forms and instructions are used by the Agency for Workforce Innovation in its dealings with the public in the administration of the unemployment compensation program, and are incorporated by reference:

(a) AWI Form ERWC – “Employee’s or Employer’s Authorization and Request for Wage Records” (New 02/06), which is available at the Agency’s Internet site at http://www.floridajobs.org/unemployment/uc_emp_forms.html.

(b) AWI Form AWA-01 – “Notarized Authorization for Release of Records” (Rev. 03/05), which is available at the Agency’s Internet site at http://www.floridajobs.org/unemployment/uc_emp_forms.html.

(c) IB-1 – “Initial Interstate Claim” (Rev. 10/07), which may be found by going to the Agency’s Internet site at http://www.floridajobs.org/unemployment/uc_claimbooklet.html and clicking on the “Florida Unemployment Compensation Claims Services/ Claim Book” link.

(d) IB-1(S) – “Initial Interstate Claim” (Spanish version) (Rev. 10/07), which may be found by going to the Agency’s Internet site at http://www.floridajobs.org/unemployment/uc_claimbooklet.html and clicking on the link beginning with the phrase “Haga clic aqui para acceder”.

(e) IB-1(C) – “Initial Interstate Claim” (Creole version) (Rev. 10/07), which may be found by going to the Agency’s Internet site at http://www.floridajobs.org/unemployment/uc_claimbooklet.html and clicking on the link beginning with the phrase “Chwazi sa a pou”.

(f) AWI Form UC-310 – “Unemployment Compensation Application for Services” (Rev. 10/07) which may be found by going to the Agency’s Internet site at http://www.floridajobs.org/unemployment/uc_claimbooklet.html and clicking on the “Florida Unemployment Compensation Claims Services/ Claim Book” link.

(g) AWI Form UC-310(S) – “Unemployment Compensation Application for Services” (Spanish version) (Rev. 10/07) which may be found by going to the Agency’s Internet site at http://www.floridajobs.org/unemployment/uc_claimbooklet.html and clicking on the link beginning with the phrase “Haga clic aqui para acceder”.

(h) AWI Form UC-310(C) – “Unemployment Compensation Application for Services” (Creole version) (Rev. 10/07) which may be found by going to the Agency’s Internet site at http://www.floridajobs.org/unemployment/uc_claimbooklet.html and clicking on the link beginning with the phrase “Chwazi sa a pou”.

(i) AWI Form UC-310 Supplement (Rev. 10/07) which may be found by going to the Agency’s Internet site at http://www.floridajobs.org/unemployment/uc_claimbooklet.html and clicking on the “Florida Unemployment Compensation Claims Services/Claim Book” link.

(j) AWI Form UC-310(S) Supplement (Rev. 10/07) which may be found by going to the Agency’s Internet site at http://www.floridajobs.org/unemployment/uc_claimbooklet.html and clicking on the link beginning with the phrase “Haga clic aqui para acceder”.

(k) AWI Form UC-310(C) Supplement (Rev. 10/07) which may be found by going to the Agency’s Internet site at http://www.floridajobs.org/unemployment/uc_claimbooklet.html and clicking on the link beginning with the phrase “Chwazi sa a pou”.

(l) Form AWI-UC310EUC (Rev. 07/08)

(m) Formulario AWI-UC310EUCS (Rev. 07/08)

(n) Fom AWI-UCB310EUCC (Rev. 07/08)

(o)(l) AWI Form UCB/STC-3 – “Short Time Compensation Plan Application” (Rev. 11/01).

(p)(m) AWI Form UCB-9 (04/01).

(q)(n) AWI Form UCB-11 – “Wage Transcript and Determination” (Rev. 01/08).

(r) Form AWI-UCB11 EUC (07/08)

(s) Form AWI-UCB11 EUC Spanish/Creole Insert (09/08)

(t) Form AWI-UCB11-1 EUC (07/08)

(u) Form AWI-UCB11-1 EUC (Spanish Version) (07/08)

(v) Form AWI-UCB11-1 EUC (Creole Version) (07/08)

(w)(o) AWI Form UCB-34 (09/01).

(x)(p) AWI Form UCB-45 – “Notice of Determination” (Rev. 02/08).

(y)(q) AWI Form UCB-60 – “Weekly Claim Certification” (Rev. 02/03).

(z)(r) AWI Form UCB-60V (Rev. 06/04).

(aa)(s) AWI Form UCB-121E (01/07).

(bb)(t) Employer Notification Letter (01/07).

(cc)(u) AWI Form UCB-200 “Unemployment Compensation Fact-Finding Statement” (06/08).

(dd)(v) AWI Form UCB-200LD “Labor Dispute” (06/08).

(ee)(w) AWI Form UCB-201 (06/08).

(ff)(x) AWI Form UCB-202 (06/08).

(gg)(y) AWI Form UCB-204 (06/08).

(hh)(z) AWI Form UCB-205 (06/08).

(ii)(aa) AWI Form UCB-205SIF (06/08).

(jj)(bb) AWI Form UCB-206 “Reporting Requirements” (06/08).

(kk)(ee) AWI Form UCB-207 “Unemployment Compensation Fact-Finding Statement” (06/08).

(jj)(dd) AWI Form UCB-208 “Voluntary Leaving” (06/08).

(ll)(ee) AWI Form UCB-209 “Employment Status” (06/08).

(mm)(ff) AWI Form UCB-209L (06/08).

(nn)(gg) AWI Form UCB-209S “Suspension” (06/08).

(oo)(hh) AWI Form UCB-211 “School Attendance/Training” (06/08).

(pp)(ii) AWI Form UCB-219 “Reemployment Services Eligibility Issues” (06/08).

(qq)(jj) AWI Form UCB-221 “Worker Profiling and Reemployment Services Assessment” (06/01).

(rr)(kk) AWI Form UCB-231 “Claimant’s Eligibility Review Questionnaire” (06/08).

(ss)(ll) AWI Form UCB-412 – “Determination Notice of Unemployment Claim Filed” (Rev. 04/07).

(tt)(mm) Form AWI-UCW4VT (Rev. 10/07), which may be found by going to the Agency’s Internet site at: http://www.floridajobs.org/unemployment/uc_claimbooklet.html and clicking on the “Florida Unemployment Compensation Claims Services / Claim Book” link.

(uu)(nn) Form AWI-UCW4VFL (S) (Rev. 10/07), which may be found by going to the Agency’s Internet site at http://www.floridajobs.org/unemployment/uc_claimbooklet.html and clicking on the link beginning with the phrase “Haga clic aqui para acceder”.

(vv)(oo) Form AWI-UCW4VFL (C) (Rev. 10/07), which may be found by going to the Agency’s Internet site at http://www.floridajobs.org/unemployment/uc_claimbooklet.html and clicking on the link beginning with the phrase “Chwazi sa a pou”.

(ww)(pp) Form AWI-UC20A (Rev. 10/07), which may be found by going to the Agency’s Internet site at http://www.floridajobs.org/unemployment/uc_bri.html and clicking on the “Florida Unemployment Compensation Program/Benefit Rights” link.

(xx)(qq) Form AWI-UC20A (S) (Rev. 10/07), which may be found by going to the Agency’s Internet site at http://www.floridajobs.org/unemployment/uc_bri.html and clicking on the link beginning with the phrase “Oprima aqui para recibir”.

(yy)(rr) Form AWI-UC20A (C) (Rev. 10/07), which may be found by going to the Agency’s Internet site at http://www.floridajobs.org/unemployment/uc_bri.html and clicking on the link beginning with the phrase “Pou ou ka itilize”.

(zz)(ss) UC Bulletin 1E (Rev. 10/07), which may be found by going to the Agency’s Internet site at http://www.floridajobs.org/unemployment/uc_bri.html and clicking on the “Florida Unemployment Compensation Program/Benefit Rights” link.

(aaa)(tt) UC Bulletin 1S (Rev. 10/07), which may be found by going to the Agency’s Internet site at http://www.floridajobs.org/unemployment/uc_bri.html and clicking on the link beginning with the phrase “Oprima aqui para recibir”.

(bbb)(uu) UC Bulletin 1C (Rev. 10/07), which may be found by going to the Agency’s Internet site at http://www.floridajobs.org/unemployment/uc_bri.html and clicking on the link beginning with the phrase “Pou ou ka itilize”.

(ccc)(vv) UC100T (Rev. 10/07), which may be found by going to the Agency’s Internet site at http://www.floridajobs.org/unemployment/uc_claimbooklet.html and clicking on the “Unemployment Compensation Claims Services/Claim Book” link.

(ddd)(ww) UC100FL(S) (Rev. 10/07), which may be found by going to the Agency’s Internet site at http://www.floridajobs.org/unemployment/uc_claimbooklet.htm l and clicking on the link beginning with the phrase “Haga clic aqui para acceder”.

(eee)(xx) UC100FL(C) (Rev. 10/07), which may be found by going to the Agency’s Internet site at http://www.floridajobs.org/unemployment/uc_claimbooklet.html and clicking on the link beginning with the phrase “Chwazi sa a pou”.

(fff)(yy) Online Internet Unemployment Compensation Claim Application (07/08 11/07), which is available at www.fluidnow.com.

(ggg)(zz) Online Internet Unemployment Compensation Claim Application (Spanish version) (07/08 11/07), which is available at www.fluidnow.com.

(hhh)(aaa) Continued Claims Detailed System Design, Appendix B: IVR Script (Interactive Voice Response Script) (January 23, 2008).

(iii)(bbb) Detail System Design, Appendix C (Interactive Voice Response Script) (January 23, 2008).

(jjj)(ccc) AWI Form UCS-6061 “Independent Contractor Analysis” (Rev. 11/05).

(2) These forms may be obtained by:

(a) Writing to the Agency for Workforce Innovation, Unemployment Compensation Records Unit, P. O. Drawer 5750, Tallahassee, FL 32314-5750.

(b) Faxing a request to the Agency’s UC Records Unit at (850)921-3912.

(c) Calling the UC Records Unit at (850)921-3470.

Specific Authority 443.1317(1)(b) FS. Law Implemented 443.171(5), 443.1715(1), (2)(b)1., 443.221(3) FS. History–New 6-4-06, Amended 8-14-08,________.