Filing Claims and Providing Documentation, Monetary Determinations, Nonmonetary Determinations, Public Use Forms
- RULE NO: RULE TITLE
60BB-3.013: Filing Claims and Providing Documentation
60BB-3.016: Monetary Determinations
60BB-3.017: Nonmonetary Determinations
60BB-3.029: Public Use FormsNOTICE OF CHANGENotice 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. 32 No. 50, December 15, 2006 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 Internet Unemployment Compensation Claim Application (Initial Claim);
(b) On the Agencys Interactive Voice Response System, (Call 1(800)204-2418 toll-free to obtain 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. 10/07
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 (10/07
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;. or(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 claimants 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. Drivers 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, dependents 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 claimants 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 claimants 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 Agencys 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 Agencys 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 claimants 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. HistoryNew 8-25-92, Amended__________.
60BB-3.016 Monetary Determinations.
(1) Computation of Wages.
(a) All employment in the base period reported by an employer or determined by the Agency from available information shall be considered in computing the monetary eligibility of a claimant.
(b) Assignment of Wages to Calendar Quarters. Wages will generally be counted as reported by the employer. Upon request by the claimant or employer and for the purpose of determining the claimants weekly benefit amount and maximum available credits, wages may be assigned to the calendar quarter in which the wages were earned, but can be used in only one base period.
(2) Notices to Employers.
(a) The Agency will use AWI Form UCB-412, Determination Notice of Unemployment Compensation Claim Filed, (Rev. 04/07), incorporated by reference in Rule 60BB-3.029, F.A.C., to notify the claimants most recent employing unit and each employer in the claimants base period of each claim for benefits filed, pursuant to Section 443.151(3)(a), F.S.
(b) The Agency will use AWI Form UCB-9 (Rev. 04/01), incorporated by reference in Rule 60BB-3.029, F.A.C., to request wage information regarding a specific claimant. If a timely response is not received, the claimants monetary eligibility will be based on other evidence, including but not limited to an affidavit from the claimant.
(3) Notices to Claimants. The Agency will issue a determination of monetary eligibility to each claimant on AWI Form UCB-11, Wage Transcript and Determination, (Rev. 01/08
04), incorporated by reference in Rule 60BB-3.029, F.A.C., which will serve as notice to the claimant pursuant to Section 443.151(3)(a), F.S.Specific Authority 443.1317(1)(b) FS. Law Implemented 443.036, 443.091, 443.101, 443.151(3) FS. HistoryNew 8-25-92, Amended_________.
60BB-3.017 Nonmonetary Determinations.
(1) Investigation of Issues. The Agency will investigate all issues that may affect a claimants benefits. The Agency will make a reasonable attempt to contact all parties and obtain facts necessary to resolve nonmonetary issues. Contact methods include, but are not limited to, telephone, mail, e-mail and facsimile transmission. If it is determined that the claimant has satisfied the terms of a potential disqualification that would otherwise be imposed, no investigation need be conducted. However, a determination will be made pursuant to Rule 60BB-3.018, F.A.C., regarding charges to the employers account.
(2) Parties Entitled to Notice of Determination. Determinations will be issued to all parties entitled to notice on AWI Form UCB-45, Notice of Determination, (Rev. 02/08
05), incorporated by reference in Rule 60BB-3.029, F.A.C.(a) Claimants. A claimant is entitled to notice of any determination affecting his or her benefits.
(b) Employers. Pursuant to Section 443.151(3), F.S., an employer entitled to notice is the employer:
1. From which the separation occurred, when job separation is the issue;
2. That offered work to the claimant; when failure to accept work is the issue;
3. Directly involved in the dispute, at whose factory, establishment or other premises the claimant is or was employed, when labor dispute is the issue;
4. By or on behalf of which such remuneration was paid, when wages in lieu of notice, retirement income, workers compensation or other remuneration is the issue;
5. Directly involved, when false or fraudulent representation to obtain or to increase benefits is the issue; or
6. Directly involved, when employment status, fraud, or overpayment resulting from improperly reported work or earnings is the issue.
Specific Authority 443.1317(1)(b) FS. Law Implemented 443.091, 443.101, 443.151(3) FS. HistoryNew 8-25-92, 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 Employees or Employers Authorization and Request for Wage Records (New 02/06), which is available at the Agencys Internet site at http://www.floridajobs.org/unemployment/uc_emp_forms.html
, or as provided in subsection (2) of this rule.(b) AWI Form AWA-01 Notarized Authorization for Release of Records (Rev. 03/05), which is available at the Agencys Internet site at http://www.floridajobs.org/unemployment/uc_emp_forms.html
, or as provided in subsection (2) of this rule.(c) IB-1 Initial Interstate Claim (Rev. 10/07
08/03), which may be found by going tois available atthe Agencys Internet site at http://www.floridajobs.org/unemployment/uc_claimbooklet.html and clicking on the Florida Unemployment Compensation Claims Services/ Claim BookYour Weeks link.(d) IB-1(S) Initial Interstate Claim (Spanish version) (Rev. 10/07), which may be found by going to the Agencys 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 Agencys 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)
(d)AWI Form UC-310 Unemployment Compensation Application for Services (Rev. 10/0705) which. This formmayalsobe found by going to in the Florida Unemployment Compensation Claims Book, which is available atthe Agencys Internet site at http://www.floridajobs.org/unemployment/uc_claimbooklet.html and clicking on the Florida Unemployment Compensation Claims Services/Claim BookYour Weeks 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 Agencys 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 Agencys 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)
(e)AWI Form UC-310 Supplement (Rev. 10/0708/03) which may be found by going to the Agencys Internet site at http://www.floridajobs.org/unemployment/uc_claimbooklet.ht ml 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 Agencys 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 Agencys 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)
(f)AWI Form UCB/STC-3 Short Time Compensation Plan Application (Rev. 11/01)(m)
(g)AWI Form UCB-9 (04/01)(n)
(h)AWI Form UCB-11 Wage Transcript and Determination (Rev. 01/0804)(o) AWI Form UCB-34 (09/01).
(p)
(i)AWI Form UCB-45 Notice of Determination (Rev. 02/0805)(q) AWI Form UCB-60 Weekly Claim Certification (Rev. 02/03)
(r)
(j)AWI Form UCB-60V (Rev. 06/04)(s) AWI Form UCB-121E (01/07)
(t) Employer Notification Letter (01/07)
(u) AWI Form UCB-200 Unemployment Compensation Fact-Finding Statement (09/01)
(v) AWI Form UCB-200LD Labor Dispute (03/00)
(w) AWI Form UCB-201 (09/01)
(x) AWI Form UCB-202 (09/01)
(y) AWI Form UCB-204 (09/01)
(z) AWI Form UCB-205 (09/01)
(aa) AWI Form UCB-205SIF (01/04)
(bb) AWI Form UCB-206 Reporting Requirements (09/01)
(cc) AWI Form UCB-207 Unemployment Compensation Fact-Finding Statement (09/01)
(dd) AWI Form UCB-208 Voluntary Leaving (09/01)
(ee) AWI Form UCB-209 Employment Status (09/01)
(ff) AWI Form UCB-209L (09/01)
(gg) AWI Form UCB-209S Suspension (09/01)
(hh) AWI Form UCB-211 School Attendance/Training (09/01)
(ii) AWI Form UCB-219 Reemployment Services Eligibility Issues (03/03)
(jj) AWI Form UCB-221 Worker Profiling and Reemployment Services Assessment (06/01)
(kk) AWI Form UCB-231 Claimants Eligibility Review Questionnaire (09/03)
(ll)
(k)AWI Form UCB-412 Determination Notice of Unemployment Claim Filed (Rev. 04/07)(mm)
(l)Form AWI-UCW4VT (Rev. 10/0711/06), which may be found by going to the Agencys Internet site at http://www.floridajobs.org/unemployment/uc_claimbooklet.html and clicking on the Florida Unemployment Compensation Claims Services/Claim Book link.(nn)
(m)Form AWI-UCW4VFL (S) (Rev. 10/0711/06), which may be found by going to the Agencys 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.(oo)
(n)Form AWI-UCW4VFL (C) (Rev. 10/0711/06), which may be found by going to the Agencys Internet site at http://www.floridajobs.org/unemployment/uc_claimbooklet.html and clicking on the link beginning with the phrase Chwazi sa a pou.(pp)
(o)Form AWI-UC20A (Rev. 10/0711/06), which may be found by going to the Agencys Internet site at http://www.floridajobs.org/unemployment/uc_bri.html and clicking on the Florida Unemployment Compensation Program/Benefit Rights link.(qq)
(p)Form AWI-UC20A (S) (Rev. 10/0711/06), which may be found by going to the Agencys Internet site at http://www.floridajobs.org/unemployment/uc_bri.html and clicking on the link beginning with the phrase Oprima aqui para recibir.(rr)
(q)Form AWI-UC20A (C) (Rev. 10/0711/06), which may be found by going to the Agencys Internet site at http://www.floridajobs.org/unemployment/uc_bri.html and clicking on the link beginning with the phrase Pou ou ka itilize.(ss)
(r)UC Bulletin 1E (Rev. 10/0704/05), which may be found by going to the Agencys Internet site at http://www.floridajobs.org/unemployment/uc_bri.html and clicking on the Florida Unemployment Compensation Program/Benefit Rights link.(tt) UC Bulletin 1S (Rev. 10/07), which may be found by going to the Agencys Internet site at http://www.floridajobs.org/unemployment/uc_bri.html and clicking on the link beginning with the phrase Oprima aqui para recibir.
(uu) UC Bulletin 1C (Rev. 10/07), which may be found by going to the Agencys Internet site at http://www.floridajobs.org/unemployment/uc_bri.html and clicking on the link beginning with the phrase Pou ou ka itilize.
(vv) UC100T (Rev. 10/07), which may be found by going to the Agencys Internet site at http://www.floridajobs.org/unemployment/uc_claimbooklet.html and clicking on the Unemployment Compensation Claims Services/Claim Book link.
(ww) UC100FL(S) (Rev. 10/07), which may be found by going to the Agencys 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.
(xx) UC100FL(C) (Rev. 10/07), which may be found by going to the Agencys Internet site at http://www.floridajobs.org/unemployment/uc_claimbooklet.html and clicking on the link beginning with the phrase Chwazi sa a pou.
(yy)
(s)Online Internet Unemployment Compensation Claim Application (11/07November 2000), which is available at www.fluidnow.com.(zz) Online Internet Unemployment Compensation Claim Application (Spanish version) (11/07), which is available at www.fluidnow.com.
(aaa)
(t)DetailedSystem Design, Appendix B (Interactive Voice Response Script) (January 23, 2008August 12, 2002)(bbb)
(u)Continued Claims Detailed System Design, Appendix C: IVR Script (Interactive Voice Response Script) (January 23, 2008June 12, 2007)(ccc) AWI Form UCS-6061 Independent Contractor Analysis (Rev. 11/05)
(2) These forms may also 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 Agencys UC Records Unit at
(850)921-9327 or(850)921-3912;(c) Calling the UC Records Unit at (850)921-3470.
Specific Authority 443.1317(1)(b) FS. Law Implemented 443.171(5), 443.1715(1), (2)(b)1. FS. HistoryNew 6-4-06. Amended_________.