Notice of Development of Rulemaking

DEPARTMENT OF MANAGEMENT SERVICES
Agency for Workforce Innovation
RULE NO.: RULE TITLE:
60BB-3.013: Filing Claims and Providing Documentation
60BB-3.015: Continued Claims for Benefits
60BB-3.0254: How to Apply for Emergency Unemployment Compensation
60BB-3.0262: How to Apply for Extended Benefits
60BB-3.0263: Diligent Work Search Requirements
60BB-3.029: Public Use Forms
PURPOSE AND EFFECT: The proposed changes to these rules would require that all initial and continued claims for unemployment compensation be made online, except in situations involving declared disaster or emergency, or the need for special assistance or accommodation on the part of the claimant.
SUBJECT AREA TO BE ADDRESSED: Unemployment Compensation Claims and Benefits.
RULEMAKING AUTHORITY: 443.1317(1)(b) FS.
LAW IMPLEMENTED: 443.091, 443.101, 443.111, 443.1115, 443.1116, 443.1117, 443.151, 443.171(5), 443.1715, 443.221(3) FS.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: Friday, June 17, 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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, 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 PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

60BB-3.013 Filing Claims and Providing Documentation.

(1) Approved Methods and Forms for Filing Florida Claims. Initial, additional, and reopened claims may be filed:

(a) On the Internet at www.fluidnow.com. Select “Internet Unemployment Compensation Claim Application (Initial Claim)”; or

(b) When unemployment results from a declared disaster or emergency and internet filing is impractical, or when the claimant needs special assistance or accommodation, by

(b) On the Agency’s Interactive Voice Response System, (Call 1(800)204-2418 toll-free to obtain filing information);

(c) By mailing or faxing a completed claim application, which may be obtained by contacting the Agency toll-free at 1(800)204-2418. These applications are:

1. AWI Form UC-310, “Unemployment Compensation Application for Services” (Rev. 10/07), incorporated by reference in Rule 60BB-3.029, F.A.C., is to be used by Florida residents who file by mail or fax;

2. Form IB-1, “Initial Interstate Claim” (10/07), incorporated by reference in Rule 60BB-3.029, F.A.C., is to be used by non-Florida residents who file by mail or fax; or

(d) At a location which may be designated by the Agency when unemployment results from mass separation, labor dispute, declared disaster or emergency, or the claimant needs special assistance or accommodation.

(2) through (5) No change.

Rulemaking Specific Authority 443.1317(1)(b) FS. Law Implemented 443.036, 443.091, 443.101, 443.1116 FS. History–New 8-25-92, Formerly 38B-3.013, Amended 8-14-08,________.

 

60BB-3.015 Continued Claims for Benefits.

(1) Method of Filing Continued Claims.

(a) After filing an initial, additional or reopened claim, the claimant will be instructed and required to report bi-weekly for the duration of the unemployment by through agency-established systems including Internet at www.fluidnow.com, telephone, mail, or fax.

(b) In the event of a mass separation, labor dispute, disaster or emergency, or when special assistance or accommodation is required, claimants may be permitted or required to report in person at locations designated by the Agency or by using the AWI Form UCB-60 “Weekly Claim Certification” (Rev. 02/03) or the AWI Form UCB-60V “Weekly Claim Certification” (Rev. 06/04), which. Continued claims can be filed on-line at www.fluidnow.com, or by calling 1(800)204-2418. The forms accessed by means of the toll-free number referred to above are incorporated by reference in paragraphs subsection 60BB-3.029(1)(q) and (r), F.A.C., of this chapter.

(2) No change.

Rulemaking Specific Authority 443.1317(1)(b) FS. Law Implemented 443.091(1), 443.111(1), 443.151(2) FS. History–New 8-25-92, Formerly 38B-3.015, Amended 4-1-96, 8-14-08,________.

 

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

(1) Method of Application. Individuals whose regular unemployment compensation benefits are exhausted, whose benefit year expires between July 6, 2008 and May 29, 2010, or who are entitled to an augmentation of their emergency unemployment compensation accounts pursuant to Rule 60BB-3.0253, F.A.C., will receive notice regarding their eligibility or ineligibility for emergency unemployment compensation. Individuals who qualify for augmentation under any of the provisions set forth in subsections 60BB-3.0253(4)-(6), F.A.C., will be deemed eligible to 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, F.A.C. All other individuals who wish to receive emergency unemployment compensation must submit an application for benefits to the Agency for Workforce Innovation. An application may be submitted:

(a) Online by clicking on the “Internet Unemployment Compensation Claim Application (Initial Claim)” link to the Online Internet Unemployment Compensation Claim Application (11/07), or by clicking on the “Solicitud de Reclamo de Compensacion por Desempleo en el Internet (Reclamo Inicial)” link to the Online Internet Unemployment Compensation Claim Application (Spanish version) (11/07), which are incorporated by reference in paragraphs 60BB-3.029(1)(yy) and (zz), F.A.C., and which are available at: https://www2.myflorida.com/fluid/; or

(b) When a declared disaster or emergency makes internet filing impractical, or when the claimant needs special assistance or accommodation, In writing on one of the forms listed in below subsection (2) of this rule, which are hereby incorporated by reference into this rule.

(2) Submitting Written Applications. To submit a written application for emergency unemployment compensation, the claimant must complete and submit one of the following forms:

1.(a) Form AWI-UC310EUC (Rev. 08/10), Application for Emergency Unemployment Compensation, which may be found at: http://www.floridajobs.org/unemployment/EUC_09/EUC_app.pdf;

2.(b) Form AWI-UC310EUC (S) (Rev. 08/10), Solicitud de compensacion de emergencia por desempleo, which may be found at: http://www.floridajobs.org/unemployment/EUC_09/EUC(s)_app.pdf; or

3.(c) Form AWI-UC310EUC (C) (Rev 08/10), Aplikasyon pou Aloksyon Chomaj sou Ka Dijans, which may be found at: http://www.floridajobs.org/unemployment/EUC_09/EUC(c)_app.pdf.

(3) When filing a claim pursuant to paragraph (b), the Submitting Written Applications. The claimant must submit his or her application by mailing the completed form to the address set forth on the form and/or accompanying instructions, or by faxing the form to the Agency for Workforce Innovation, Unemployment Compensation Records Unit, (850)921-3938.

(2)(4) Notice of Determination.

(a) through (f) No change.

Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.091, 443.101, 443.111, 443.151, 443.221(3) FS. History–New 8-11-10, Amended 12-19-10,________.

 

60BB-3.0262 How to Apply for Extended Benefits.

(1) Initiating a Claim for Extended Benefits.

(a) The Agency will mail a Form UCB-60V AWI-UC310EB (09/10), Application for Extended Benefits (EB), which is hereby incorporated by reference into this rule, to all individuals who exhaust their available emergency unemployment compensation. This form will advise the recipient that the application for extended benefits may be filed using the form or by applying online at: http://www.floridajobs.org, using the The online application report (Form AWI-UCB-310EB-ONL (Rev. 09/2010) Extended Benefits Online Application), which is hereby incorporated by reference into this rule. When the individual is eligible for retroactive payment of extended benefits, the Agency will mail the claimant a Form AWI-UC310EBR (Rev 09-10) Information and Initial Claim Form for Retroactive Claims, which is hereby incorporated by reference into this rule. The Form AWI-UC310EB or Form AWI-UC310EBR may be submitted by:

(b) When a declared disaster or emergency makes internet filing impractical, or when the claimant needs special assistance or accommodation, the claimant may file a Form AWI-UC310EB (09/10), Application for Extended Benefits (EB), which is hereby incorporated by reference into this rule, by

1.(a) Mailing the completed form to the Agency for Workforce Innovation, Unemployment Compensation Records Unit, P. O. Drawer 5700, Tallahassee, Florida 32314-5350.

2.(b) Faxing the form to the Agency for Workforce Innovation, Unemployment Compensation Records Unit, (850)922-0107.

(2) No change.

Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.091, 443.1115, 443.1117 FS. History–New 11-28-10, Amended________.

 

60BB-3.0263 Diligent Work Search Requirements.

(1) Claim Certification. Every two weeks, an individual determined to be eligible for extended benefits must report his or her work search activities. The individual may satisfy this requirement by reporting online at http://www.floridajobs.org/unemployment/EB/index.html, and clicking on the “Claim Your Weeks” icon. When a declared disaster or emergency makes internet filing impractical, or when the claimant needs special assistance or accommodation, the The individual may also file his or her report on a Form AWI UCB-60EB (09/10), Unemployment Compensation Benefit Weekly Claim Certification, or a Form AWI-UCB60EBR (09/10) Retroactive Weekly Claim Certification Extended Benefits (EB), in the manner prescribed in paragraphs 60BB-3.0262(1)(a) and (b), F.A.C. The Agency mails the Form AWI UCB-60EB and the Form AWI UCB-60EBR to the claimant for this purpose. The online work search reports (Form AWI UCB-60EB-ONL (Rev 08/10) Weekly Claim Certifications and Form AWI UCB-60EB-ONL (S) (Rev 08/10), Certificaciones para Reclamaciones Semanales), and the Form AWI UCB-60EB (09/10), the Form AWI UCB-60EB and the Form AWI UCB-60EBR are hereby incorporated by reference into this rule and may be found at http://www.floridajobs.org/Unemployment/ucforms.htm.

(2) through (5) No change.

Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.091, 443.1115, 443.1117 FS. History–New 11-28-10, Amended________.

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(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.

(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”.

(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”.

(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.

(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”.

(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”.

(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.

(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”.

(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”.

(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.

(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.html and clicking on the link beginning with the phrase “Haga clic aqui para acceder”.

(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”.

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

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

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

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

(bbb)(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.

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