Emergency Unemployment Compensation

DEPARTMENT OF MANAGEMENT SERVICES
Agency for Workforce Innovation

RULE NO: RULE TITLE
60BBER08-1: Emergency Unemployment Compensation
SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE: The rate of unemployment in the State of Florida has risen dramatically since January 2007. Between January and May 2007, 245,653 individuals filed claims for unemployment benefits. During the same period in 2008, 346,202 individuals filed claims, representing an increase of 41%. Under Florida law, a claimant may receive up to 26 weeks of unemployment compensation within a one year period. Unfortunately, as many as 488,650 recipients of unemployment compensation have exhausted their regular benefits and may be eligible for additional benefits under recently enacted federal legislation. These figures are representative of the situation faced by other states nationwide. To address this situation and for other purposes, Congress passed a Supplemental Appropriations Act (Public Law 110-252). Title IV of the Act creates the Emergency Unemployment Compensation program, which authorizes states that enter into agreements with the United States Department of Labor to pay up to an additional 13 weeks of benefits to recipients of unemployment compensation who have exhausted all rights to regular compensation under state law. Florida has entered into such an agreement with the United States Department of Labor. In order to determine which individuals are eligible for benefits and provide compensation to them as quickly as possible, it is necessary that the use of the application forms incorporated by reference into this emergency rule be implemented immediately, without the delay attendant with regular rulemaking procedures. The Agency will immediately begin the regular rulemaking process for incorporating these forms and procedures into its current claims rules, found in Chapter 60BB-3, Florida Administrative Code.
REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES: The forms incorporated by reference provide the most efficient means of providing unemployment benefits to those individuals that are entitled to them. In adopting these forms, the Agency has acted to ensure that all procedural remedies available to recipients of regular state unemployment compensation will be available to Emergency Unemployment Compensation program applicants under state law and under the terms of the governing agreement with the United States Department of Labor. The Agency modeled the proposed rule after existing rules, after giving due consideration to public comment received during the latest amendment to Chapter 60BB-3, Florida Administrative Code, regarding the best means of making the application process accessible to persons with Limited English Proficiency.
SUMMARY: This rule prescribes and incorporates by reference the forms to be used to apply for emergency unemployment compensation.
THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: John R. Perry, Assistant General Counsel, 107 East Madison Street, MSC 110, Tallahassee, Florida 32399-4128, [phone]

THE FULL TEXT OF THE EMERGENCY RULE IS:

60BBER08-1  Emergency Unemployment Compensation.

(1) Individuals wishing to receive Extended Unemployment Compensation benefits must submit an application for benefits to the Agency for Workforce Innovation.  An application may be submitted:

(a) Online, or

(b) In writing on one of the forms listed in subparagraphs (6)(a), (b), or (c) below.

(2) To apply online an individual must visit the website: http://www.floridajobs.org/unemployment/uc_emp_claims.html, click on the Emergency Unemployment Compensation (EUC) link, and follow the instructions provided in the Online Internet Unemployment Compensation Claim Application (Rev. 07/08) or Online Internet Unemployment Compensation Claim Application (Spanish Version) (Rev. 07/08).

(3) To submit a written application, the claimant must complete one of the forms listed in paragraph (6)(a),(b), or (c) below and either:

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

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

(4) A copy of the application forms listed in subparagraphs (6)(a),(b), or (c) below may be obtained by:

(a) Mailing a written request to the Agency for Workforce Innovation, Unemployment Compensation Records Unit, P. O. Drawer 5750, Tallahassee, Florida 32314-5750;

(b) Faxing a written request to the Agency for Workforce Innovation, Unemployment Compensation Records Unit at [phone];

(c) Downloading from the Agency website at http://www.floridajobs.org/unemployment/uc_claims_app_forms.html; or

(d) Calling the Agency for Workforce Innovation, Unemployment Compensation Records Unit at [phone].

(5) Notice of the Agency’s determination of a claimant’s eligibility or ineligibility for Extended Unemployment Compensation will be mailed to the claimant on a Form AWI-UCB11 EUC (07/08). If, however, the claimant is deemed ineligible because his claim for regular unemployment benefits was filed on or after May 7, 2006, notice of this determination will be mailed to the claimant on a Form AWI-UCB11-1 EUC (07/08).

(6) The following forms are hereby incorporated by reference into this rule:

(a) Form AWI-UC310EUC (Rev. 07/08).

(b) Formulario AWI-UC310EUCS (Rev. 07/08).

(c) Form AWI-UCB310EUCC (Rev. 07/08).

(d) Form AWI-UCB11 EUC (07/08).

(e)  Form AWI-UCB11-1 EUC (07/08).

(f) Online Internet Unemployment Compensation Claim Application (Rev. 07/08).

(g) Online Internet Unemployment Compensation Claim Application (Spanish version) (Rev. 07/08).

Specific Authority 443.1317(1)(b) FS. Law Implemented 443.091, 443.101, 443.111 FS. History–New 8-12-08.

THIS RULE TAKES EFFECT UPON BEING FILED WITH THE DEPARTMENT OF STATE UNLESS A LATER TIME AND DATE IS SPECIFIED IN THE RULE.
EFFECTIVE DATE: August 12, 2008