Filing Claims and Providing Documentation, Continued Claims for Benefits, Short-Time Compensation Plan Application, Public Use Forms

 

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-3.024: Short-Time Compensation Plan Application
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. 33 No. 33, August 17, 2007 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 www.floridajobs.org/unemployment. Select “Internet Unemployment Compensation Claim Application (Initial Claim)”;

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

(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. 10/05), 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” (08/03), 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.

(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) Required Documentation.

(a) The claimant’s valid social security number and one other approved form of secondary identification must be provided at the time of filing. Approved secondary identifiers include:

1. Driver’s license issued by a state, possession of the United States, or a Canadian government authority, provided it contains a photograph or identifying information such as name, date of birth, sex, height, and address;

2. Documentation issued by a federal, state, or local government agency that contains a photograph or identifying information such as name, date of birth, sex, height, and address;

3. School identification (ID) card with photograph;

4. United States (U.S.) military ID card, dependent’s ID card, or U.S. Coast Guard Merchant Mariner card;

5. Native American tribal document;

6. U.S. Passport (unexpired or expired); or

7. Certificate of U.S. Citizenship or Certificate of Naturalization;

(b) Proof will be required if a claimant’s employment, social security number, or identity is in question. Circumstances requiring such documentation include, for example:

1. The Social Security Administration does not confirm the validity of the social security number;

2. A previous claim was filed using the same social security number by a person with another name;

3. The Agency receives information indicating fraudulent use of the social security number in question; or

4. Reasonable evidence, such as an unemployment compensation fraud detection crossmatch, that places in question the identity of the claimant or the validity of the claim.

(c) Documentation from the Immigration and Naturalization Service verifying authorization to work in the United States will be required from any alien whose work authorization cannot be identified using the Systematic Alien Verification for Entitlement (SAVE) system. Benefits will be delayed or denied only when neither primary nor secondary verification procedures verify the claimant’s authorization to work in the United States. A determination denying benefits due to the absence of authorization to work will be reconsidered when the claimant furnishes the required documentation.

(d) A military veteran filing a military claim will be required to furnish a copy of the Form DD-214 issued to the claimant by the military service at the time of discharge to establish service dates and nature of discharge when the branch of the military in which the claimant served does not promptly respond to the Agency’s request.

(e) An individual filing a claim based on federal civilian employment will be required to furnish a copy of Standard Form 50, Form W-2, or paystubs and Standard Form 8, received at the time of separation when the federal employer does not promptly respond to the Agency’s request.

(3) Registration for Work. The filing of an unemployment compensation claim also constitutes registration for job search and reemployment assistance with the One-Stop Career Center nearest the claimant’s address of record.

(4) Disclosure of Support Obligations. Each individual filing a new or additional claim for unemployment compensation must disclose at the time of filing whether he or she owes support obligations which are being enforced by the Florida Department of Revenue pursuant to 42 USC 503(e)(2)(A)(i) and 42 USC 654.

(5) Effective Date of Claim. Unless otherwise provided by Section 443.036(9), F.S., the effective date of an initial, additional or reopened claim will be the Sunday immediately preceding the filing date, with the following exceptions:

(a) Change of Calendar Quarter. When an initial claim is filed during a week in which a change of calendar quarter occurs, the claimant will have the option of filing the claim effective the beginning of the new calendar quarter.

(b) Group Filing. When arrangements for group filing are made, generally due to mass separation, labor dispute or implementation of a Short Time Compensation Plan, initial and additional claims will be backdated to the Sunday immediately preceding the date on which the unemployment began, provided the claimant reports in accordance with the group filing arrangements.

(c) Sunday Filing. Claims filed on a Sunday will be effective on the date of filing.

Specific Authority 443.1317(1)(b) FS. Law Implemented 443.036, 443.091, 443.101, 443.1116 FS. History–New 8-25-92, Amended ________.

 

60BB-3.015 Continued Claims for Benefits.

(1) Method of Filing Continued Claims. 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 through agency-established systems including Internet, telephone, mail, or fax. In the event of a mass separation, labor dispute, disaster or emergency, claimants may be permitted or required to report in person at locations designated by the Agency. Continued claims can be filed on-line at www.fluidnow.com, www.floridajobs.com, at www.floridajobs.org/unemployment, or by calling 1(800)204-2418. The forms accessible at the website are incorporated by reference in Rule 60BB-3.029(1)(r) of this Chapter. The forms accessed by means of the toll free number referred to above are incorporated by reference in subsection 60BB-3.029(1)(s) 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 AWI Form UCB-60V (Rev. 06/04), incorporated by reference in Rule 60BB-3.029, F.A.C., the Internet Confirmation Page, or otherwise communicated to the claimant by the Agency. AWI Form UCB-60V will be mailed to the claimant within 14 days after an initial, additional or re-opened claim is filed and upon receipt of each bi-weekly claim thereafter. The Agency will discontinue mailing AWI Form UCB-60V 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 AWI Form UCB-60V, 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) Resubmitted Continued Claim. When a claimant is directed by the Agency to resubmit a continued claim for completion or correction, the scheduled report date will be extended to 14 days from the date the Agency notifies the claimant that the claim was incomplete or incorrect. If the notification is mailed, the mailing date will be considered the date of notification.

(d) Early Reports. The Agency may accept a continued claim certification prior to the scheduled report date provided each claimed week has ended.

(e) Special Reports. At any time during the pendency of any claim for benefits, the Agency may make a written request for information or documentation from the claimant regarding any question whose resolution is necessary to ascertain the claimant’s entitlement to benefits or the amount of any such benefits. The failure of the claimant to respond will result in a determination made from the available evidence.

Specific 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, ________.

 

60BB-3.024 Short-Time Compensation Plan Application.

Employers who wish to participate in the Short-Time Compensation program, pursuant to Section 443.1116, F.S., must make application on AWI Form UCB/STC-3, “Short-Time Compensation Plan Application,” (11/01), incorporated by reference in Rule 60BB-3.029, F.A.C. Copies may be obtained on the internet at http://www.floridajobs.org/ unemployment/uc_prog_stc.html, www.floridajobs.org or by writing to: Agency for Workforce Innovation, P. O. Box 5350; Tallahassee, FL 32314-5350.

Specific Authority 443.1317(1)(b) FS. Law Implemented 443.1116 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 version date 02/06), which is available at the Agency’s Internet site at http://www.floridajobs.org/unemployment/uc_emp_forms.html, or as provided in subsection (2)(b) of this rule.

(b) AWI Form AWA-01 – “Notarized Authorization for Release of Records” (Rev. version date 03/2005), which is available at the Agency’s Internet site at http://www.florida jobs.org/unemployment/uc_emp_forms.html, or as provided in subsection (2) of this rule.

(c) IB-1 – “Initial Interstate Claim” (Rev. 08/03), which is available at the Agency’s Internet site online at http://www. floridajobs.org/unemployment/uc_claimbooklet.html and clicking on the “Claim Your Weeks” link.

(d) AWI Form UC-310 – “Unemployment Compensation Application for Services” (Rev. 10/05). This form may also be found in the Florida Unemployment Compensation Claims Book, which is available at the Agency’s Internet site online at: http://www.floridajobs.org/unemployment/uc_claimbooklet.ht ml http://www.floridajobs.org/unemployment/claimsservices and clicking on the “Claim Your Weeks” link.

(e) AWI Form UC-310 Supplement (Rev. 08/03).

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

(g)(f) AWI Form UCB-9 (04/01).

(h)(g) AWI Form UCB-11 – “Wage Transcript and Determination” (Rev. 01/04).

(i)(h) AWI Form UCB-45 – “Notice of Determination” (Rev. 02/05).

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

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

(l)(k) Form AWI-UCW4VT (Rev. 11/06).

(m)(l) Form AWI-UCW4VFL (S) (Rev. 11/06).

(n)(m) Form AWI-UCW4VFL (C) (Rev. 11/06).

(o)(n) Form AWI-UC20A (Rev. 11/06).

(p)(o) Form AWI-UC20A (S) (Rev. 11/06).

(q)(p) Form AWI-UC20A (C) (Rev. 11/06).

(r)(q) UC Bulletin 1 (Rev. 04/05).

(s)(r) Online Internet Unemployment Compensation Claim Application (November 2000), which is available at www.fluidnow.com the Agency’s Internet site listed in subsection (3) of this rule.

(t)(s) Detailed System Design, Appendixces B and C (Interactive Voice Response Script) (August 12, 2002 May 2003).

(u) Detailed System Design, Appendix C (Interactive Voice Response Script) (June 12, 2007).

(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 [phone] or [phone];

(c) Calling the UC Records Unit at [phone].

(3) Forms and other information about the unemployment compensation program can be found on the Agency’s Internet site at www.floridajobs.org/unemployment/.

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 ________.