This rule will clarify the application of the section 443.1216(13)(b), Florida Statutes.

 

DEPARTMENT OF ECONOMIC OPPORTUNITY

Division of Workforce Services

RULE NO.:RULE TITLE:

73B-10.0251Services Performed on or in Connection with a Non-American Vessel or Aircraft

PURPOSE AND EFFECT: This rule will clarify the application of the section 443.1216(13)(b), Florida Statutes.

SUMMARY: This rule will clarify the application of the section 443.1216(13)(b), Florida Statutes.

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: The agency has performed a review of the statutory requirements and has determined that its proposed rule 73B-10.0251, has no adverse impact or regulatory costs which exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. The rules are therefore expected be able to take effect without the need of being ratified by the Legislature.

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: 443.1216(13)(b) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

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 10 days before the workshop/meeting by contacting: Craig Thomas, Office of General Counsel, Department of Economic Opportunity, 107 East Madison Street, MSC 110, Tallahassee, Florida 32399, [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: Craig Thomas, Office of General Counsel, Department of Economic Opportunity, 107 East Madison Street, MSC 110, Tallahassee, Florida 32399, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

73B-10.0251 Services performed on or in connection with a non-American vessel or aircraft.

(1) Applicability of exemption for services performed on or in connection with a non-American vessel or aircraft:

(a) Service performed by an employee during a reporting period on or in connection with a non-American vessel or a non-American aircraft is exempt from the definition of employment if such employee is employed by the employer on and in any way connected with the vessel or aircraft while it is outside the United States.

(b) The citizenship or residence of the employee and the place where the contract of service is entered into are immaterial for purposes of this exemption, and the citizenship or residence of the employer is material only in determining whether the vessel is American.  Services performed within the United States on or in connection with a non-American vessel are excepted from employment if the employee is employed by the employer on and in connection with the vessel when it is outside the United States.

(c) Exempt services under this rule are not considered employment for reemployment tax purposes and shall not to be reported on the employer’s quarterly report (RT-6).

(2) Definitions

(a) “Non-American aircraft” means any aircraft that is not an “American aircraft” as defined by §443.036(3).

(b) “Non-American vessel” means any vessel that is not an “American vessel” as defined in §443.036(5).

Rulemaking Authority 443.1317(1)(b), FS. Law Implemented 443.1216(13)(b), FS. History–New                              .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Craig Thomas, Office of General Counsel, Department of Economic Opportunity, 107 East Madison Street, MSC 110, Tallahassee, Florida 32399, [phone]

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jesse Panuccio

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 15, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 11, 2015