DEPARTMENT OF ECONOMIC OPPORTUNITY
Division of Workforce Services
Final Order No. DEO-18-062
IN RE:
EMERGENCY FINAL ORDER DEO FINAL ORDER NO.: DEO-18-062
RELATING TO UNEMPLOYED
INDIVIDUALS ELIGIBLE TO RECEIVE
BENEFITS UNDER CHAPTER 443,
FLORIDA STATUTES, IN RESPONSE
TO HURRICANE MICHAEL
EMERGENCY FINAL ORDER
AMENDING DEO FINAL ORDER NO. DEO-18-056
Pursuant to subsection 120.569(2)(n), and Sections 252.36, and 252.46, Florida Statutes, and upon consideration of the State of Florida Executive Order Nos. 18-276 and 18-277 (collectively the “Executive Orders”) and the following findings of fact, the State of Florida Department of Economic Opportunity (Department) enters this Emergency Final Order Amending DEO Final Order No. DEO-18-056 (this “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. The Department has the ultimate authority over the administration of Florida’s Reemployment Assistance (“RA”) Program pursuant to subparagraph 20.60(5)(c)(3) and paragraph 443.1317(1)(a), Florida Statutes, and Chapters 73B-10 and 73B-11, Florida Administrative Code.
2. By and through the Executive Orders the Governor has 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.
3. On October 15, 2018, the Department publicly announced that Disaster Unemployment Assistance (“DUA”) was available to Florida residents whose employment or self-employment was lost or interrupted as a direct result of the Hurricane.
4. On October 15, 2018, the Department also issued Emergency Final Order No. 18-056 (the “Emergency Final Order”) which waived certain portions of section 443.091, Florida Statutes, for applicants for DUA claims.
5. DUA is available for individuals whose employment was lost or interrupted as a direct result of the Hurricane and who are not eligible for regular RA benefits, pursuant to Chapter 443, Florida Statutes. This benefit covers individuals who would not typically be eligible for regular RA benefits.
6. DUA is not available for individuals whose employment was lost or interrupted as a direct result of the Hurricane but who are eligible for regular RA benefits, pursuant to Chapter 443, Florida Statutes. The one week waiting period requirement pursuant to paragraph 443.091(1)(f), Florida Statutes, generally applies to individuals who are eligible for regular RA benefits.[1]
7. The online work registration and reporting requirements of paragraph 443.091(1)(b), Florida Statutes, generally apply to claimants seeking DUA and regular RA benefits.[2]
8. The work search requirements of paragraph 443.091(1)(d), Florida Statutes, generally apply to claimants seeking DUA and regular RA benefits.
9. Special duties and responsibilities rest upon some State, regional, and local agencies and other governmental bodies in responding to emergencies, and such response may require waiver or deviation from the statutes, rules, ordinances, and orders those agencies and governmental bodies administer. Pursuant to the Executive Orders, the Department, as a State agency, may suspend the provisions of any regulatory statute 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.
10. 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: (a) the online work registration and reporting requirements of paragraph 443.091(1)(b), Florida Statutes, for DUA and regular RA claims; (b) the work search requirement of paragraph 443.091(1)(d), Florida Statutes, for DUA and regular RA claims, which shall apply retroactively for regular RA claims back to the regular RA benefit week beginning October 7, 2018, and which shall apply for DUA claims beginning on October 15, 2018; and (c) the one week waiting period requirement pursuant to paragraph 443.091(1)(f), Florida Statutes, for regular RA claims.
11. The Department finds that immediate, strict compliance with paragraphs 443.091(1)(b) and 443.091(1)(d), Florida Statutes, for DUA and regular RA claims and paragraph 443.091(1)(f), Florida Statutes, for regular RA 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.
12. On November 13, 2018, the Department received authorization from the United States Department of Labor to extend the application period for DUA claims until December 7, 2018.
CONCLUSIONS OF LAW
13. 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.
14. Pursuant to the Executive Orders and paragraph 120.569(2)(n) and Sections 252.36, and 252.46, Florida Statutes, the Executive Director, or designee, of the Department is authorized to issue this Order amending Final Order No. DEO-18-056.
15. The waiver of paragraphs 443.091(1)(b) and 443.091(1)(d), Florida Statutes, for DUA and regular RA claims, and paragraph 443.091(1)(f), Florida Statutes, for regular RA claims, and the extension effectuated by this Order, are required so as not to prevent, hinder, or delay necessary action in coping with the emergency caused by the Hurricane.
THEREFORE, IT IS ORDERED that the online work registration and reporting requirements of paragraph 443.091(1)(b), Florida Statutes, and the work search requirement of paragraph 443.091(1)(d), Florida Statutes, are hereby waived for DUA and regular RA claims. The one week waiting period requirement pursuant to paragraph 443.091(1)(f), Florida Statutes, is hereby waived for regular RA claims. This Order shall take effect immediately upon execution by the Executive Director, or designee, and shall expire on December 7, 2018, unless modified or extended by further order.
DONE AND ORDERED on this 13th day of November, 2018, in Tallahassee, Florida.
FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY
/s/
Cissy Proctor, Executive Director, 107 E. Madison St., Tallahassee, Florida 32399
Filed on this 13th day of November, 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 SUBSECTION 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.
[1] Any individual who is eligible for regular RA benefits is not eligible for DUA benefits. However, if an individual’s unemployment was caused by the Hurricane and that individual exhausts the regular RA benefits for which that individual was eligible, then that individual may be eligible to receive DUA benefits.
[2] The online work registration and reporting requirements in paragraph 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 paragraph 443.091(1)(b), Florida Statutes.
