DEPARTMENT OF ECONOMIC OPPORTUNITY
Division of Workforce Services
Final Order No. DEO-18-056
IN RE:
EMERGENCY FINAL ORDERDEO FINAL ORDER NO.: DEO-18-056
RELATING TO UNEMPLOYED
INDIVIDUALS ELIGIBLE TO RECEIVE
BENEFITS UNDER CHAPTER 443,
FLORIDA STATUTES, IN RESPONSE
TO HURRICANE MICHAEL
EMERGENCY FINAL ORDER
Pursuant to Sections 120.569(2)(n), 252.36, and 252.46, Florida Statutes, and upon consideration of the State of Florida Executive Order No. 18-276 and the following findings of fact, the State of Florida Department of Economic Opportunity (“Department”) enters this Emergency Final Order (“Order”), including Findings of Fact and Conclusions of Law, in response to the imminent or immediate danger to the public health, safety, and welfare of the citizens of the State of Florida posed by Hurricane Michael (hereinafter “the Hurricane”).
FINDINGS OF FACT
1. On October 7, 2018, by State of Florida Executive Order No. 18-276 (“Executive Order 18-276”), the Governor declared that a state of emergency exists throughout the State of Florida based upon the serious threat to the public health, safety, and welfare posed by the Hurricane.
2. The Department has the ultimate authority over the administration of Florida’s Reemployment Assistance (“RA”) Program pursuant to Sections 20.60(5)(c)(3) and 443.1317(1)(a), Florida Statutes, and Chapters 73B-10 and 73B-11, Florida Administrative Code.
3. On October 15, 2018, the Department publicly announced that Disaster Unemployment Assistance (“DUA”) was available to Florida businesses and residents whose employment or self-employment was lost or interrupted as a direct result of the Hurricane.
4. DUA is available for individuals who are eligible for regular RA benefits, pursuant to Chapter 443, Florida Statutes, but whose employment was lost or interrupted as a direct result of the Hurricane.
5. The online work registration and reporting requirements of Section 443.091(1)(b), Florida Statutes, generally apply to claimants seeking RA benefits.[i][1]
6. The work search requirement of Section 443.091(1)(d), Florida Statutes, generally applies to claimants seeking RA benefits.
7. The one week waiting period requirement of Section 443.091(1)(f), Florida Statutes, applies only to certain DUA claims.[ii][2]
8. Executive Order 18-276, recognizes that special duties and responsibilities rest upon some State, regional, and local agencies and other governmental bodies in responding to the emergency may require waiver or deviation from the statutes, rules, ordinances, and orders those agencies and governmental bodies administer. Pursuant to Executive Order 18-276, the Department, as a State agency, may suspend the provisions of any state statute or regulation prescribing the procedures for conduct of state business or the orders or rules of the Department, if strict compliance with the provisions of any such statute, order, or rule would in any way prevent, hinder, or delay necessary action in coping with the effects of the Hurricane.
9. The Department finds that the Hurricane creates a state of emergency threatening the public health, safety, and welfare throughout the State. As a result of the emergency and for the administration of DUA, it is necessary to immediately waive the online work registration and reporting requirements of Section 443.091(1)(b), Florida Statutes, the work search requirement of Section 443.091(1)(d), Florida Statutes, and the one week waiting period requirement of Section 443.091(1)(f), Florida Statutes, for DUA claims.
10. The Department finds that immediate, strict compliance with Sections 443.091(1)(b), 443.091(1)(d), and 443.091(1)(f), Florida Statutes, for DUA claims would prevent, hinder, or delay necessary action in coping with the emergency, and the actions authorized under this Order are narrowly tailored to address the immediate need for action and are procedurally appropriate under the circumstances.
CONCLUSIONS OF LAW
11. Based on the findings recited above, it is hereby concluded that the emergency caused by the Hurricane poses an immediate danger to the public health, safety, or welfare and requires an immediate order of the Department.
12. Pursuant to Executive Order 18-276 and Sections 120.569(2)(n), 252.36, and 252.46, Florida Statutes, the Executive Director, or designee, of the Department is authorized to issue this Emergency Final Order.
13. The waiver of Sections 443.091(1)(b), 443.091(1)(d), and 443.091(1)(f), Florida Statutes, for DUA claims is required so as not to prevent, hinder, or delay necessary action in coping with the emergency.
THEREFORE, IT IS ORDERED that the online work registration and reporting requirements of Section 443.091(1)(b), Florida Statutes, the work search requirement of Section 443.091(1)(d), Florida Statutes, and the one week waiting period requirement of Section 443.091(1)(f), Florida Statutes, are hereby waived for DUA claims. This Emergency Final Order shall take effect immediately upon execution by the Executive Director, or designee, and shall expire on November 14, 2018, unless modified or extended by further order.
DONE AND ORDERED on this 15 day of October, 2018, in Tallahassee, Florida.
FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY
/s/
Cissy Proctor
Executive Director
107 E. Madison St.
Tallahassee, Florida 32399
Filed on this 15th day of October, 2018, with the designated Agency Clerk, receipt of which is hereby acknowledged.
/s/
Stephanie Webster
Agency Clerk
NOTICE OF RIGHT TO APPEAL
THIS FINAL ORDER CONSTITUTES FINAL AGENCY ACTION UNDER CHAPTER 120, FLORIDA STATUTES. A PARTY WHO IS ADVERSELY AFFECTED BY FINAL AGENCY ACTION IS ENTITLED TO JUDICIAL REVIEW IN ACCORDANCE WITH SECTION 120.68, FLORIDA STATUTES, AND FLORIDA RULES OF APPELLATE PROCEDURE 9.030(B)(1)(c) AND 9.110.
TO INITIATE AN APPEAL OF THIS FINAL AGENCY ACTION, A NOTICE OF APPEAL MUST BE FILED WITH THE DEPARTMENT’S AGENCY CLERK, AGENCY.CLERK@DEO.MYFLORIDA.COM, 107 EAST MADISON STREET, CALDWELL BUIDLING, MSC 110, TALLAHASSEE, FLORIDA 32399-4128, WITHIN THIRTY (30) CALENDAR DAYS OF THE DATE THIS FINAL AGENCY ACTION IS FILED WITH THE AGENCY CLERK, AS INDICATED ABOVE. A DOCUMENT IS FILED WHEN IT IS RECEIVED BY THE AGENCY CLERK. THE NOTICE OF APPEAL MUST BE SUBSTANTIALLY IN THE FORM PRESCRIBED BY FLORIDA RULE OF APPELLATE PROCEDURE 9.900(a). A COPY OF THE NOTICE OF APPEAL MUST ALSO BE FILED WITH THE DISTRICT COURT OF APPEAL AND MUST BE ACCOMPANIED BY THE FILING FEE SPECIFIED IN SECTION 35.22(3), FLORIDA STATUTES.
AN ADVERSELY AFFECTED PARTY WAIVES THE RIGHT TO JUDICIAL REVIEW IF THE NOTICE OF APPEAL IS NOT TIMELY FILED WITH BOTH THE DEPARTMENT’S AGENCY CLERK AND THE APPROPRIATE DISTRICT COURT OF APPEAL.
[i] The online work registration and reporting requirement in Section 443.091(1)(b), Florida Statutes, generally do not apply to persons falling within one or more of the five enumerated categories in that section. This Order and the waiver effectuated hereby does not affect those exemptions as they currently exist in Section 443.091(1)(b), Florida Statutes.
[ii] The one week waiting period requirement for DUA benefits pursuant to Section 443.091(1)(f), Florida Statutes, does not apply to individuals who would not typically be eligible for regular RA benefits (i.e., individuals who are self-employed or someone who was getting ready to start a job but was unable to because of the Hurricane). The one week waiting period requirement generally applies to individuals who meet the eligibility requirements listed in Section 443.091, Florida Statutes, which requires an individual to have been unemployed for a waiting period of one week. See Section 443.091(1)(f), Florida Statutes.
