This amendment will implement the work registration and initial skills review requirements of Chapter 443, F.S.

 

DEPARTMENT OF ECONOMIC OPPORTUNITY
Division of Workforce Services

RULE NO.:RULE TITLE:
73B-11.015Continued Claims for Benefits
PURPOSE AND EFFECT: This amendment will implement the work registration and initial skills review requirements of Chapter 443, F.S.
SUMMARY: This rule will specify the process of claimants to complete the initial skill review and work registration requirements of Section 443.091, FS.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: This rule will require claimants to complete an initial skills review and register for work. This rule will not impact small businesses or increase regulatory costs.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 443.091(1)(a) and (c), 443.1317(1)(b), 443.151(2)(b) FS.
LAW IMPLEMENTED: 443.091(1), 443.111(1), 443.151(2) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: January 9, 2013, 3:00 p.m. – 4:00 p.m.
PLACE: Department of Economic Opportunity, 107 East Madison Street, Caldwell Building, Room 110, Tallahassee, Florida 32399-6545
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Peter Penrod, Assistant General Counsel, Department of Economic Opportunity, 107 East Madison Street, Caldwell Building, MSC 110, Tallahassee, Florida 32399-4120, [phone].. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Peter Penrod, Assistant General Counsel, Department of Economic Opportunity, 107 East Madison Street, Caldwell Building, MSC 110, Tallahassee, Florida 32399-4120, [phone].

THE FULL TEXT OF THE PROPOSED RULE IS:

73B-11.015 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 disaster or emergency, or when special assistance or accommodation as defined in paragraphs 73B-11.013(1)(c), F.A.C., is required, claimants may report in the manner set forth in paragraphs 73B-11.013(1)(d) and (e), F.A.C. or by using the AWI Form UCB-60 “Weekly Claim Certification” (Rev. 02/03), which is incorporated by reference in paragraph 73B-11.029(1)(q), F.A.C.

(2) Initial Skills Review. Unless exempted under s. 443.091(1)(b), F.S., or when special assistance or accommodation as defined in paragraphs 73B-11.013(1)(c), F.A.C., is required, the claimant must complete the initial skills review prior to completing his or her first continued claim.

(3) Work Registration. Unless exempted under s. 443.091(1)(b), F.S., or when special assistance or accommodation as defined in paragraphs 73B-11.013(1)(c), F.A.C., is required, the claimant must file a complete work registration on the Employ Florida Marketplace website, which may be accomplished by logging onto  http://www.employflorida.com . 

(a) To complete the work registration, the claimant must:

1. Provide a valid email address assigned to him or her;

2. Complete the Background Wizard; and

3. Create an Online Resume.

(b) The Background Wizard and Online Resume application may require the claimant to provide the following types of information:

1. Education History;

2. Occupational license or certification;

3. Skills and abilities;

4. Valid form of identification as defined in paragraphs 73B-11.013(2)(a), F.A.C.;

5. Employment history; and

6. References.

(4)(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 Department. The Department 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 a Department 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 Department to resubmit a continued claim for completion or correction, the scheduled report date will be extended to 14 days from the date the Department 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 Department 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 Department 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.

Rulemaking Authority 443.091(1)(a) and (c), 443.1317(1)(b), 443.151 (2)(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, 11-27-11, Formerly 60BB-3.015, Amended __________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Peter Penrod
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Hunting F. Deutsch
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 6, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 1, 2012