The proposed changes to these rules would require that all initial and continued claims for unemployment compensation be made online, except in situations involving declared disaster or emergency, or the need for special assistance or accommodation ...

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-3.0254: How to Apply for Emergency Unemployment Compensation
60BB-3.0262: How to Apply for Extended Benefits
60BB-3.0263: Diligent Work Search Requirements
60BB-3.029: Public Use Forms
PURPOSE AND EFFECT: The proposed changes to these rules would require that all initial and continued claims for unemployment compensation be made online, except in situations involving declared disaster or emergency, or the need for special assistance or accommodation on the part of the claimant.
SUMMARY: The proposed amendment prescribes the online FLUID application as the means by which claims for unemployment compensation must be filed, except in cases involving declared disaster or emergency, or in which claimants require special assistance or accommodation. The proposed amendment also repeals Rule 60BB-3.0263, F.A.C., Diligent Work Search Requirements.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: 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. An SERC has not been prepared by the agency.
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: 443.1317(1)(b) FS.
LAW IMPLEMENTED: 443.091, 443.101, 443.111, 443.1115, 443.1116, 443.1117, 443.151, 443.171(5), 443.1715, 443.221(3) FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: Friday, July 22, 2011, 4:00 p.m., EDT
PLACE: Agency for Workforce Innovation, Law Library, 107 E. Madison Street, Tallahassee, Florida 32399-4128
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 48 hours before the workshop/meeting by contacting: Audrey Gaten, [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: John R. Perry, Assistant General Counsel, Agency for Workforce Innovation, 107 E. Madison Street, MSC 110, Tallahassee, Florida 32399-4128, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

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)”; or

(b) When unemployment results from a declared disaster or emergency and internet filing is impractical, or when the claimant needs special assistance or accommodation, by

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

(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), 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), 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) through (5) No change.

Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.036, 443.091, 443.101, 443.1116 FS. History–New 8-25-92, Formerly 38B-3.013, Amended 8-14-08,_________.

 

60BB-3.015 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 through agency-established systems including Internet at www.fluidnow.com, telephone, mail, or fax.

(b) In the event of a mass separation, labor dispute, disaster or emergency, or when special assistance or accommodation is required, claimants may be permitted or required to report in person at locations designated by the Agency or by using the AWI Form UCB-60 “Weekly Claim Certification” (Rev. 02/03), which. Continued claims can be filed on-line at www.fluidnow.com, or by calling 1(800)204-2418. The forms accessed by means of the toll-free number referred to above are incorporated by reference in paragraphs subsection 60BB-3.029(1)(q) and (r), F.A.C., 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 stop providing this notice 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) through (e) No change.

Rulemaking 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, Formerly 38B-3.015, Amended 8-14-08,_________.

 

60BB-3.0254 How to Apply for Emergency Unemployment Compensation

(1) Method of Application. Individuals whose regular unemployment compensation benefits are exhausted, whose benefit year expires between July 6, 2008 and May 29, 2010, or who are entitled to an augmentation of their emergency unemployment compensation accounts pursuant to Rule 60BB-3.0253, F.A.C., will receive notice regarding their eligibility or ineligibility for emergency unemployment compensation. Individuals who qualify for augmentation under any of the provisions set forth in subsections 60BB-3.0253(4)-(6), F.A.C., will be deemed eligible to receive these benefits without filing an application as long as they comply with the continued claims reporting requirements set forth in Rule 60BB-3.015, F.A.C. All other individuals who wish to receive emergency unemployment compensation must submit an application for benefits to the Agency for Workforce Innovation. An application may be submitted:

(a) Online by clicking on the “Internet Unemployment Compensation Claim Application (Initial Claim)” link to the Online Internet Unemployment Compensation Claim Application (11/07), or by clicking on the “Solicitud de Reclamo de Compensacion por Desempleo en el Internet (Reclamo Inicial)” link to the Online Internet Unemployment Compensation Claim Application (Spanish version) (11/07), which are incorporated by reference in paragraphs 60BB-3.029(1)(yy) and (zz), F.A.C., and which are available at https://www2.myflorida.com/fluid/; or

(b) When a declared disaster or emergency makes internet filing impractical, or when the claimant needs special assistance or accommodation, In writing on one of the forms listed in below subsection (2) of this rule, which are hereby incorporated by reference into this rule.

(2) Submitting Written Applications. To submit a written application for emergency unemployment compensation, the claimant must complete and submit one of the following forms:

1.(a) Form AWI-UC310EUC (Rev. 08/10), Application for Emergency Unemployment Compensation, which may be found at http://www.floridajobs.org/unemployment/EUC_09/EUC_app.pdf;

2.(b) Form AWI-UC310EUC (S) (Rev. 08/10), Solicitud de compensacion de emergencia por desempleo, which may be found at http://www.floridajobs.org/unemployment/EUC_09/EUC(s)_app.pdf; or

3.(c) Form AWI-UC310EUC (C) (Rev 08/10), Aplikasyon pou Aloksyon Chomaj sou Ka Dijans, which may be found at http://www.floridajobs.org/unemployment/EUC_09/EUC(c)_app.pdf.

(3) When filing a claim pursuant to paragraph (b), the Submitting Written Applications. The claimant must submit his or her application by mailing the completed form to the address set forth on the form and/or accompanying instructions, or by faxing the form to the Agency for Workforce Innovation, Unemployment Compensation Records Unit, [phone].

(2)(4) Notice of Determination.

(a) through (f) No change.

Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.091, 443,101, 443.111, 443.151, 443.221(3) FS. History–New 8-11-10, Amended 12-19-10,_________.

 

60BB-3.0262 How to Apply for Extended Benefits.

(1) Initiating a Claim for Extended Benefits.

(a) The Agency will mail a Form UCB-60 AWI-UC310EB (09/10), Application for Extended Benefits (EB), which is hereby incorporated by reference into this rule, to all individuals who exhaust their available emergency unemployment compensation. This form will advise the recipient that the application for extended benefits may be filed using the form or by applying online at http://www.floridajobs.org, using the The online application report (Form AWI-UCB-310EB-ONL (Rev. 09/2010) Extended Benefits Online Application), which is hereby incorporated by reference into this rule. When the individual is eligible for retroactive payment of extended benefits, the Agency will mail the claimant a Form AWI-UC310EBR (Rev 09-10) Information and Initial Claim Form for Retroactive Claims, which is hereby incorporated by reference into this rule. The Form AWI-UC310EB or Form AWI-UC310EBR may be submitted by:

(b) When a declared disaster or emergency makes internet filing impractical, or when the claimant needs special assistance or accommodation, the claimant may file a Form AWI-UC310EB (09/10), Application for Extended Benefits (EB), which is hereby incorporated by reference into this rule, by:

1.(a) Mailing the completed form to the Agency for Workforce Innovation, Unemployment Compensation Records Unit, P. O. Drawer 5700, Tallahassee, Florida 32314-5350.

2.(b) Faxing the form to the Agency for Workforce Innovation, Unemployment Compensation Records Unit, [phone].

(2) Notice of Determination.

(a) Notice of the Agency’s determination of an individual’s eligibility or ineligibility for extended benefits will be mailed to the individual on a Form AWI-UCB11 EB (Rev 12/10)(07/10), Monetary Determination/Redetermination for Extended Benefits (EB), which is hereby incorporated by reference into this rule, when the Agency:

1. through 2. No change.

(b) Notice of the Agency’s determination of an individual’s eligibility or ineligibility for extended benefits will be mailed to the individual on a Form AWI-UCB11-I EB (Rev 12/10)(07/10), Extended Benefits Determination of Eligibility, which is hereby incorporated by reference into this rule, when the individual:

1. through 4. No change.

(c) Any notice mailed pursuant to this rule will be accompanied by an EB BRI (12/10)(09/10), Extended Benefits Benefit Rights Information, which is hereby incorporated by reference into this rule.

Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.091, 443.1115, 443.1117 FS. History–New 11-28-10, Amended _______.

 

60BB-3.0263 Diligent Work Search Requirements.

(1) Claim Certification. Every two weeks, an individual determined to be eligible for extended benefits must report his or her work search activities. The individual may satisfy this requirement by reporting online at http://www.floridajobs.org/unemployment/EB/index.html, and clicking on the “Claim Your Weeks” icon. When a declared disaster or emergency makes internet filing impractical, or when the claimant needs special assistance or accommodation, the The individual may also file his or her report on a Form AWI UCB-60EB (6/11)(09/10), Unemployment Compensation Benefit Weekly Claim Certification, or a Form AWI-UCB60EBR (09/10) Retroactive Weekly Claim Certification Extended Benefits (EB), in the manner prescribed in paragraphs 60BB-3.0262(1)(a) and (b), F.A.C. The Agency mails the Form AWI UCB-60EB and the Form AWI UCB-60EBR to the claimant for this purpose. The online work search reports (Form AWI UCB-60EB-ONL (Rev 08/10) Weekly Claim Certifications and Form AWI UCB-60EB-ONL (S) (Rev 08/10), Certificaciones para Reclamaciones Semanales), and the Form AWI UCB-60EB (09/10), the Form AWI UCB-60EB and the Form AWI UCB-60EBR are hereby incorporated by reference into this rule and may be found at http://www.floridajobs.org/Unemployment/ucforms.html.

(2) Work Search Requirements. Except as provided in subsection (3) of this rule, any eligible individual must conduct at least two work search activities on separate days per week.

(3) Good Job Prospects. Individuals who have been determined to have good job prospects, as defined in subsection 60BB-3.0261(1), F.A.C.:

(a) Are not required to seek other employment, except as provided by subsection (4) of this rule.

(b) Must list, in the Work Search Record portion of the report required in subsection (1) of this rule, the name and address of the employer to which the individual expects to report to work, and the date such work is expected to begin.

(4) Additional Reporting Requirement for Individuals with Good Job Prospects. If, after four weeks of extended benefits, an individual determined to have good job prospects remains unemployed, the Agency will mail him or her an AWI-Form UCB231EB (Rev 09/10), Unemployment Compensation Extended Benefits (EB) Eligibility Review Questionnaire, which is hereby incorporated by reference into this rule. The individual shall fill out and return this form within ten days of the mailing date, in the manner prescribed in paragraphs 60BB-3.0262(1)(a) and (b), F.A.C.

(5) Failure to Comply. Failure to comply with the requirements of this rule will result in the individual’s disqualification from receiving extended benefits until:

(a) Four weeks have passed since the noncompliance; and

(b) The individual has earned wages that equal four times his or her weekly benefit amount.

Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.091, 443.1115, 443.1117 FS. History–New 11-28-10, 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 – “Employee’s or Employer’s Authorization and Request for Wage Records” (New 02/06), which is available at the Agency’s Internet site at http://www.floridajobs.org/unemployment/uc_emp_forms.html.

(b) AWI Form AWA-01 – “Notarized Authorization for Release of Records” (Rev. 03/05), which is available at the Agency’s Internet site at http://www.floridajobs.org/unemployment/uc_emp_forms.html.

(c) IB-1 – “Initial Interstate Claim” (Rev. 10/07), which may be found by going to the Agency’s Internet site at http://www.floridajobs.org/unemployment/uc_claimbooklet.html and clicking on the “Florida Unemployment Compensation Claims Services/Claim Book” link.

(d) IB-1(S) – “Initial Interstate Claim” (Spanish version) (Rev. 10/07), which may be found by going to the Agency’s 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 Agency’s 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) AWI Form UC-310 – “Unemployment Compensation Application for Services” (Rev. 10/07) which may be found by going to the Agency’s Internet site at http://www.floridajobs.org/unemployment/uc_claimbooklet.html and clicking on the “Florida Unemployment Compensation Claims Services/ Claim Book” 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 Agency’s 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 Agency’s 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) AWI Form UC-310 Supplement (Rev. 10/07) which may be found by going to the Agency’s Internet site at http://www.floridajobs.org/unemployment/uc_claimbooklet.html 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 Agency’s 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 Agency’s 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) AWI Form UCB/STC-3 – “Short Time Compensation Plan Application” (Rev. 11/01).

(m) AWI Form UCB-9 (04/01).

(n) AWI Form UCB-11 – “Wage Transcript and Determination” (Rev. 01/08).

(o) AWI Form UCB-34 (09/01).

(p) AWI Form UCB-45 – “Notice of Determination” (Rev. 02/08).

(q) AWI Form UCB-60 – “Weekly Claim Certification” (Rev. 02/03).

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

(r)(s) AWI Form UCB-121E (01/07).

(s)(t) Employer Notification Letter (01/07).

(t)(u) AWI Form UCB-200 “Unemployment Compensation Fact-Finding Statement” (06/08).

(u)(v) AWI Form UCB-200LD “Labor Dispute” (06/08).

(v)(w) AWI Form UCB-201 (06/08).

(w)(x) AWI Form UCB-202 (06/08).

(x)(y) AWI Form UCB-204 (06/08).

(y)(z) AWI Form UCB-205 (06/08).

(z)(aa) AWI Form UCB-205SIF (06/08).

(aa)(bb) AWI Form UCB-206 “Reporting Requirements” (06/08).

(bb)(cc) AWI Form UCB-207 “Unemployment Compensation Fact-Finding Statement” (06/08).

(cc)(dd) AWI Form UCB-208 “Voluntary Leaving” (06/08).

(dd)(ee) AWI Form UCB-209 “Employment Status” (06/08).

(ee)(ff) AWI Form UCB-209L (06/08).

(ff)(gg) AWI Form UCB-209S “Suspension” (06/08).

(gg)(hh) AWI Form UCB-211 “School Attendance/Training” (06/08).

(hh)(ii) AWI Form UCB-219 “Reemployment Services Eligibility Issues” (06/08).

(ii)(jj) AWI Form UCB-221 “Worker Profiling and Reemployment Services Assessment” (06/01).

(jj)(kk) AWI Form UCB-231 “Claimant’s Eligibility Review Questionnaire” (06/08).

(kk)(ll) AWI Form UCB-412 – “Determination Notice of Unemployment Claim Filed” (Rev. 07/11)(Rev. 04/07).

(ll)(mm) Form AWI-UCW4VT (Rev. 10/07), which may be found by going to the Agency’s Internet site at http://www.floridajobs.org/unemployment/uc_claimbooklet.html and clicking on the “Florida Unemployment Compensation Claims Services/Claim Book” link.

(mm)(nn) Form AWI-UCW4VFL (S) (Rev. 10/07), which may be found by going to the Agency’s 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”.

(nn)(oo) Form AWI-UCW4VFL (C) (Rev. 10/07), which may be found by going to the Agency’s Internet site at http://www.floridajobs.org/unemployment/uc_claimbooklet.html and clicking on the link beginning with the phrase “Chwazi sa a pou”.

(oo)(pp) Form AWI-UC20A (Rev. 10/07), which may be found by going to the Agency’s Internet site at http://www.floridajobs.org/unemployment/uc_bri.html and clicking on the “Florida Unemployment Compensation Program/Benefit Rights” link.

(pp)(qq) Form AWI-UC20A (S) (Rev. 10/07), which may be found by going to the Agency’s Internet site at http://www.floridajobs.org/unemployment/uc_bri.html and clicking on the link beginning with the phrase “Oprima aqui para recibir”.

(qq)(rr) Form AWI-UC20A (C) (Rev. 10/07), which may be found by going to the Agency’s Internet site at http://www.floridajobs.org/unemployment/uc_bri.html and clicking on the link beginning with the phrase “Pou ou ka itilize”.

(rr)(ss) UC Bulletin 1E (Rev. 10/07), which may be found by going to the Agency’s Internet site at http://www.floridajobs.org/unemployment/uc_bri.html and clicking on the “Florida Unemployment Compensation Program/Benefit Rights” link.

(ss)(tt) UC Bulletin 1S (Rev. 10/07), which may be found by going to the Agency’s Internet site at http://www.floridajobs.org/unemployment/uc_bri.html and clicking on the link beginning with the phrase “Oprima aqui para recibir”.

(tt)(uu) UC Bulletin 1C (Rev. 10/07), which may be found by going to the Agency’s Internet site at http://www.floridajobs.org/unemployment/uc_bri.html and clicking on the link beginning with the phrase “Pou ou ka itilize”.

(uu)(vv) UC100T (Rev. 10/07), which may be found by going to the Agency’s Internet site at http://www.floridajobs.org/unemployment/uc_claimbooklet.html and clicking on the “Unemployment Compensation Claims Services/Claim Book” link.

(vv)(ww) UC100FL(S) (Rev. 10/07), which may be found by going to the Agency’s 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”.

(ww)(xx) UC100FL(C) (Rev. 10/07), which may be found by going to the Agency’s Internet site at http://www.floridajobs.org/unemployment/uc_claimbooklet.html and clicking on the link beginning with the phrase “Chwazi sa a pou”.

(xx)(yy) Online Internet Unemployment Compensation Claim Application (11/07), which is available at www.fluidnow.com.

(yy)(zz) Online Internet Unemployment Compensation Claim Application (Spanish version) (11/07), which is available at www.fluidnow.com.

(aaa) Continued Claims Detailed System Design, Appendix B: IVR Script (Interactive Voice Response Script) (January 23, 2008).

(bbb) Detail System Design, Appendix C (Interactive Voice Response Script) (January 23, 2008).

(zz)(ccc) AWI Form UCS-6061 “Independent Contractor Analysis” (Rev. 11/05).

(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].

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

Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.171(5), 443.1715(1), (2)(b)1. FS. History–New 6-4-06, Amended 8-14-08,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: John R. Perry, Assistant General Counsel, Agency for Workforce Innovation, Office of General Counsel, 107 East Madison Street, MSC 110, Tallahassee, Florida 32399-4128, [phone]
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Cynthia R. Lorenzo, Director, Agency for Workforce Innovation, 107 East Madison Street, Tallahassee, Florida 32399-4128
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 22, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June 3, 2011