The proposed amendments to the above referenced rules implement procedure and policy relating to the federally funded Extended Benefit Program authorized under Public Laws 110-252, 110-449, 111-118, 111-144, 111-157, and 111-205.

DEPARTMENT OF MANAGEMENT SERVICES
Agency for Workforce Innovation

Rule No.: RULE TITLE
60BB-3.0261: Definitions Relating to Extended Benefits
60BB-3.0262: Eligibility for Extended Benefits
60BB-3.0263: How to Apply for Extended Benefits
PURPOSE AND EFFECT: The proposed amendments to the above referenced rules implement procedure and policy relating to the federally funded Extended Benefit Program authorized under Public Laws 110-252, 110-449, 111-118, 111-144, 111-157, and 111-205.
SUMMARY: The proposed amendments incorporate changes set forth in Public Law 111-205 relating to the time period during which an individual may claim and receive Extended Benefits.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 443.1317(1)(b) FS.
LAW IMPLEMENTED: 443.036, 443.091, 443.1115, 443.1117 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: Friday, September 24, 2010, 4:00 p.m. – 5:00 p.m.
PLACE: Agency for Workforce Innovation, Room 110, 107 East Madison Street, Tallahassee, Florida 32399
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: 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], fax [phone], email [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

60BB-3.0261 Definitions Relating to Extended Benefits.

For the purposes of extended benefits payable under Section 443.1117, Florida Statutes, and Rules 60BB-3.0261 through 60BB-3.0263, F.A.C., the following definitions apply:

(1) Good job prospects: An individual has good job prospects if he or she has a definite return to work date within 4 weeks of the eligibility notices referred to in subsection 60BB-3.0263(2), F.A.C.

(2) Regular unemployment compensation: Benefits payable to an individual under Chapter 443, Florida Statutes, including benefits payable to federal civilian employees and to ex servicemembers under 5 U.S.C. 8501-8525, other than emergency unemployment compensation, trade readjustment allowance, disaster unemployment assistance, and extended unemployment compensation under Sections 443.1115 and 443.1117, Florida Statutes.

Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.036, 443.1115, 443.1117 FS. History–New_______.

 

60BB-3.0262 How to Apply for Extended Benefits.

(1) Initiating a Claim for Extended Benefits. The Agency will mail a Form AWI-UC310EB (07/10), 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. The online application report (AWI UCB-310EB-ONL (Rev. 2/10) Extended Benefit Online Application) 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 07/10) Information and Initial Claims 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:

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

(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 (07/10), Monetary Determination/Redetermination for Extended Benefits, which is hereby incorporated by reference into this rule, when the Agency:

1. Determines that the individual is eligible for extended benefits; or

2. Determines that the individual is ineligible for extended benefits because:

a. The individual has available credits remaining on a claim for regular benefits or emergency unemployment compensation; or

b. The individual’s claim for extended benefits was previously made in relation to the wrong regular unemployment claim.

(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 (07/10), Extended Benefits Determination of Eligibility, which is hereby incorporated by reference into this rule, when the individual:

1. Has not exhausted his or her regular benefits or emergency unemployment compensation;

2. Did not exhaust his or her regular benefits or emergency unemployment compensation during his or her eligibility period;

3. Has rights to regular or extended benefits available or is potentially eligible for such benefits under the law of any state (which shall include Puerto Rico, the U.S. Virgin Islands, or the District of Columbia); or

4. Is receiving compensation under the unemployment compensation law of Canada.

(c) Any notice mailed pursuant to this rule will be accompanied by an EB BRI (7/10), 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_________.

 

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. The individual may also file his or her report on a Form AWI UCB-60EB (07/10), Unemployment Compensation Benefit Weekly Claim Certification, or a Form AWI-UCB-60EBR (07/10) Information and Initial Claims Form for Retroactive Claims, 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 (AWI UCB-60EB-ONL (Rev. 08/10) Weekly Claim Certifications and AWI UCB-60EB-ONL (S) (Rev. 08/10), Certificaciones para Reclamaciones Semanales), the Form AWI UCB-60EB and the Form AWI UCB-60EBR are hereby incorporated by reference into this rule.

(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. 12/09), 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_______.

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], fax [phone], email [e-mail].
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Cynthia R. Lorenzo, Director, Agency for Workforce Innovation
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 24, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 6, 2010