Notice of Change/Withdrawal

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
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 37 No. 26, July 1, 2011 issue of the Florida Administrative Weekly.

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 “File a Claim” “Internet Unemployment Compensation Claim Application (Initial Claim)”; or

(b) When unemployment results from a declared disaster or emergency makes and internet filing is impractical, or when the claimant needs special assistance or accommodation, by filing 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), AWI Form UC-310(S) “Unemployment Compensation Application for Services” (Spanish version) (Rev. 10/7), or AWI Form UC-310(C) “Unemployment Compensation Application for Services” (Creole version) (Rev. 10/7), which are incorporated by reference in Rule 60BB-3.029, F.A.C., are is to be used by Florida residents;

2. Form IB-1, “Initial Interstate Claim” (10/07), Form IB-1(S) “Initial Interstate Claim” (Spanish version) (Rev. 10/07), or Form IB-1(C) “Initial Interstate Claim” (Creole version) (Rev. 10/7), which are incorporated by reference in Rule 60BB-3.029, F.A.C., are is to be used by non-Florida residents.

(c) For the purposes of paragraphs (b) and (e), a claimant needs special assistance or accommodation when she or he:

1. Is legally prohibited from using a computer;

2. Has a physical or visual impairment which makes her or him unable to use a computer; or

3. Is unable to read or write effectively in a language in which the Internet application is available.

(d) In a declared disaster or emergency which makes internet filing impractical, the claimant may submit a paper application by:

1. Mailing it to the Agency for Workforce Innovation, Unemployment Compensation Records Unit, P.O. Drawer 5700, Tallahassee, Florida 32314-5350;

2. Faxing it to the Agency for Workforce Innovation, Unemployment Compensation Records Unit, (850)921-3912; or

3. Delivering it in person at a location designated by the Agency.

(e) Claimants who need special assistance or accommodation may submit a paper application in the manner set forth in subparagraphs (d)1. and 2.

(2) through (5) No change.

Rulemaking 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 Internet at www.fluidnow.com.

(b) In the event of a declared disaster or emergency, or when special assistance or accommodation as defined in paragraph 60BB-3.013(1)(c), F.A.C., is required, claimants may be permitted to report in the manner set forth in paragraphs 60BB-3.013(1)(d) and (e), F.A.C., in person at locations designated by the Agency or by using the AWI Form UCB-60 “Weekly Claim Certification” (Rev. 02/03), which is are incorporated by reference in paragraphs 60BB-3.029(1)(q) and (r), F.A.C., of this chapter.

(2) Time Limit for Filing Continued Claims.

(a) Scheduled Reports. Continued claims for benefits must be filed within 14 calendar days following the scheduled report date as shown on the Internet Confirmation Page, or otherwise communicated to the claimant by the Agency. The Agency will stop providing this notice when the claimant ceases to report, has no additional benefits or weeks to claim, or benefits were denied and no appeal is pending at the end of the appeal period.

(b) Late Reports. If a report is not made within 14 days after the scheduled report date shown on the Internet Confirmation Page, or communicated to the claimant by an Agency representative, the claim will be re-opened effective the first day of the week in which a report is filed. Upon request, the claimant will be permitted to file a late report for weeks that were not claimed within the permissible time period and will be granted appeal rights to any resulting determination denying benefits for the weeks in question.

(c) through (e) No change.

Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.091(1), 443.111(1), 443.151(2) FS. History–New 8-25-92, Amended 4-1-96, Formerly 38B-3.015, Amended 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) In the manner set forth in paragraphs 60BB-3.013(1)(d) and (e), F.A.C., when When a declared disaster or emergency makes internet filing impractical, or when the claimant needs special assistance or accommodation as defined in paragraph 60BB-3.013(1)(c), F.A.C., using on one of the forms listed below, which are hereby incorporated by reference into this rule.

1. 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. 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. 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.

When filing a claim pursuant to paragraph (b), 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) 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-60 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 online at http://www.floridajobs.org, using the online application (Form AWI-UCB-310EB-ONL (Rev. 09/2010) Extended Benefits Online Application), which is hereby incorporated by reference into this rule.

(b) When a declared disaster or emergency makes internet filing impractical, or when the claimant needs special assistance or accommodation as defined in paragraph 60BB-3.013(1)(c), F.A.C., the claimant may file a Form AWI-UC310EB (09/10), Application for Extended Benefits (EB), which is hereby incorporated by reference into this rule, in the manner set forth in paragraphs 60BB-3.013(1)(d) and (e), F.A.C. by:

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

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

(2) Notice of Determination.

(a) Notice of the Agency’s determination of an individual’s eligibility or ineligibility for extended benefits will be mailed to the individual on a Form AWI-UCB11 EB (Rev. 08/11) (Rev 12/10), Monetary Determination/Redetermination for Extended Benefits (EB), which is hereby incorporated by reference into this rule, when the Agency:

1. through 2. No change.

(b) Notice of the Agency’s determination of an individual’s eligibility or ineligibility for extended benefits will be mailed to the individual on a Form AWI-UCB11-I EB (Rev 12/10), Extended Benefits Determination of Eligibility, which is hereby incorporated by reference into this rule, when the individual:

1. through 4. No change.

(c) Any notice mailed pursuant to this rule will be accompanied by an EB BRI (08/11) (12/10), Extended Benefits Benefit Rights Information, which is hereby incorporated by reference into this rule.

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.

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 as defined in paragraph 60BB-3.013(1)(c), F.A.C., the individual may also file his or her report on a Form AWI UCB-60EB (12/10) (6/11), Unemployment Compensation Benefit Weekly Claim Certification in the manner prescribed in paragraph 60BB-3.0262(1)(b), F.A.C. 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 (12/10) (09/10), are hereby incorporated by reference into this rule and may be found at http://www.floridajobs.org/Unemployment/ucforms.html.

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-121E (01/07).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(kk) AWI Form UCB-412 – “Determination Notice of Unemployment Claim Filed” (Rev. 07/11).

(ll) 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.

(mm) 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”.

(nn) 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”.

(oo) 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.

(pp) 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”.

(qq) 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”.

(rr) 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.

(ss) 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”.

(tt) 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”.

(uu) 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.

(vv) 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”.

(ww) 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”.

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

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

(zz) 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 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, Amended_________.