These Rules will be repealed because the federal program that is implemented by the Rules has expired.

 

DEPARTMENT OF ECONOMIC OPPORTUNITY

Division of Workforce Services

RULE NOS.:RULE TITLES:

73B-11.0251Definitions Relating to Emergency Unemployment Compensation

73B-11.0252Eligibility for Emergency Unemployment Compensation

73B-11.0253Emergency Unemployment Compensation Individual Accounts

73B-11.0254How to Apply for Emergency Unemployment Compensation

73B-11.0261Definitions Relating to Extended Benefits

73B-11.0262How to Apply for Extended Benefits

73B-11.0263Diligent Work Search Requirements

PURPOSE AND EFFECT: These Rules will be repealed because the federal program that is implemented by the Rules has expired.

SUMMARY: Repeal of all Rules.

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 Rules 73B-11.0251, 11.0252, 11.0253, 11.0254, 11.0261, 11.0262, and 11.0263, F.A.C. have 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: 443.036, 443.091, 443.101, 443.111, 443.151, 443.191, 443.221, 443.1115, 443.1117 FS.

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

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Michael Golen, 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-11.0251 Definitions Relating to Emergency Unemployment Compensation.

(1) Emergency Unemployment Compensation: A federally funded program created by Public Laws 110-252, 110-449, 111-5, 111-92, 111-118, 111-144, 111-157, and 111-205, and implemented in Florida through an agreement between the Department of Economic Opportunity and the United States Department of Labor which provides additional weeks of unemployment benefits to qualified individuals who have exhausted their rights to regular unemployment compensation on claims that were effective on or after May 2, 2006.

(2) Extended unemployment compensation: Benefits, including benefits payable to federal civilian employees and to ex-servicemembers under 5 U.S.C. ss. 8501-8525, that are payable to an individual under Sections 443.1115 or 443.1117, F.S.

(3) Qualifying benefit year: The benefit year established on a Florida claim for regular unemployment compensation which was effective on or after May 2, 2006, and is the basis of the individual’s eligibility for emergency unemployment compensation.

(4) Regular unemployment compensation: Benefits payable to an individual under Chapter 443, F.S., including benefits payable to federal civilian employees and to ex-servicemembers under 5 U.S.C. ss. 8501-8525, other than extended unemployment compensation under Section 443.1115, F.S.

Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.036, 443.221(3) FS. History–New 8-11-10, Amended 12-19-10, Formerly 60BB-3.0251, Repealed ________.

 

73B-11.0252 Eligibility for Emergency Unemployment Compensation.

(1) Eligibility Conditions. Emergency Unemployment Compensation is available to individuals who:

(a) Have exhausted all rights to regular unemployment compensation on a Florida claim with a benefit year that ended on or after May 1, 2007;

(b) Have no rights to unemployment compensation under any other state or federal law;

(c) Are not receiving compensation with respect to such week under the unemployment compensation law of Canada; and

(d) Are legally authorized to work in the United States.

(2) Exhaustion of Benefits. For purposes of this rule, an individual has exhausted all rights to regular unemployment compensation when that individual:

(a) Has received all regular unemployment compensation available on the qualifying benefit year; or

(b) Had rights to regular unemployment compensation on the qualifying benefit year, but has insufficient wage credits to establish a new benefit year for regular unemployment compensation.

(3) Exception to Exhaustion Requirement.

(a) Notwithstanding paragraph (1)(a) of this rule, and except as provided in paragraphs (3)(c)-(f) of this rule, the expiration of a qualifying benefit year during which the individual has earned sufficient wage credits to establish monetary eligibility for a new benefit year will not render the individual ineligible for emergency unemployment compensation if:

1. The individual has established entitlement to emergency unemployment compensation with respect to that qualifying benefit year;

2. The individual’s qualifying benefit year expired on or after July 23, 2010;

3. The individual has remaining entitlement to emergency unemployment compensation benefits with respect to that benefit year; and

4. The weekly benefit amount established under the new benefit year is at least either 25% or $100 less than the weekly benefit amount for the qualifying benefit year.

(b) If the criteria set forth in paragraph (3)(a) of this rule are satisfied, the Department shall establish a new benefit year for the individual, but shall defer payment of regular unemployment compensation for the new benefit year until all emergency unemployment compensation payable to the individual has been exhausted.

(c) If the Department receives information indicating that an individual who qualifies for an exception to the exhaustion requirement under paragraph (3)(a) of this rule has earned income in another state or in other states which would render the individual monetarily eligible for a claim for regular unemployment compensation in that state, the Department will mail the individual a Form AWI-UCB11-S EUC/CWC (09/10), Notice of Eligibility for Regular Benefits, which will instruct the claimant to notify the appropriate agency in the other state regarding a claim for benefits in that state. The Form AWI-UCB11-I EUC/CWC is hereby incorporated by reference into this rule.

(d) The Department will lift the suspension if the individual files a claim for benefits with the other state as directed on the Form AWI-UCB11-I EUC/CWC, and

1. The other state communicates to the Department that it has determined that the weekly benefit amount for a claim for regular unemployment compensation in that state is at least either 25% or $100 less than the weekly benefit amount under the individual’s EUC claim in Florida; or

2. After twenty eight days have elapsed since the mailing date on the Form AWI-UCB11-I EUC/CWC, the other state has not communicated to the Department its determination regarding the individual’s entitlement to regular unemployment compensation in that state.

(e) If the Department lifts the suspension of the Florida EUC benefits, it will resume paying such benefits to the individual and will also pay the individual benefits for any weeks to which the individual is otherwise entitled that occur during the period of suspension.

(f) If the other state determines that the weekly benefit amount for a claim for regular unemployment compensation in that state is greater than either 25% or $100 less than the weekly benefit amount under the individual’s EUC claim in Florida, the Department will cease paying on the EUC claim. If, at the time the regular unemployment compensation claim in the other state is exhausted, the individual is still entitled to EUC benefits, the Department will resume payment of EUC benefits.

(4) Amount Payable.

(a) The amount of emergency unemployment compensation payable to an individual for any week of total unemployment will be equal to the amount of regular unemployment compensation payable during the individual’s qualifying benefit year for a week of total unemployment.

(b) The maximum amount of emergency unemployment compensation payable to any individual will not exceed the amount established for such individual in the emergency unemployment compensation account described in Rule 73B-11.0253, F.A.C.

(5) Applicable Law. The terms and conditions of the law under which the individual claimed and received regular unemployment compensation will apply to claims for and payment of emergency unemployment compensation.

(6) Overpayments. An individual who receives emergency unemployment compensation to which he is not entitled will repay any such overpayment to the Department of Economic Opportunity. The requirement to repay the overpayment will not be waived.

(a) The Department may recoup any such overpayments by deducting 50 percent of the weekly benefit amount from any future payments until the overpayment is repaid in full.

(b) Recoupment of overpayments from future benefits may occur at any time during the 3-year period after the date the individual received the payment of the emergency unemployment compensation to which he was not entitled.

(c) No waiver of such recoupment may occur except as permitted by Section 443.151(6)(c), F.S.

Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.091, 443.111, 443.151(6), 443.221(3) FS. History–New 8-11-10, Amended 12-19-10, Formerly 60BB-3.0252, Repealed             .

 

73B-11.0253 Emergency Unemployment Compensation Individual Accounts.

(1) Establishment of Account. Persons deemed eligible under Rule 73B-11.0252, F.A.C., will be paid from emergency unemployment compensation accounts established for each individual with respect to that individual’s benefit year.

(2) Eligibility Established Prior to November 23, 2008. The emergency unemployment compensation accounts of individuals whose period of eligibility began between July 6, 2008 and November 22, 2008, will be augmented as provided in this subsection.

(a) The amount established in an account under this subsection will equal the lesser of:

1. 50 percent of the total amount of regular unemployment compensation payable to the individual during his or her benefit year; or

2. 13 times the individual’s average weekly benefit amount for the benefit year.

(b) Benefits under this subsection may be paid only for weeks of unemployment beginning on or after July 6, 2008.

(c) If the individual exhausts these benefits before November 23, 2008, no further benefits may be paid to the individual except as provided in subsections (3), (4), (5), and (6) of this rule.

(3) Tier One.

(a) Tier One benefits may be paid only for weeks of unemployment beginning on or after November 23, 2008.

(b) The emergency unemployment compensation account of each individual whose period of eligibility began after November 22, 2008, will be augmented with an amount equal to the lesser of:

1. 80 percent of the total amount of regular unemployment compensation payable to the individual during his or her benefit year; or

2. 20 times the individual’s average weekly benefit amount for the benefit year.

(c) The emergency unemployment compensation account of an individual whose period of eligibility began before November 23, 2008 will, if the individual remains otherwise eligible, receive an additional augmentation equal to the amount previously paid under paragraph (b) of this subsection minus the amount actually received under subsection (2).

(d) Tier One benefits may be paid only in cases in which an individual’s regular unemployment compensation benefits are exhausted by the week ending November 20, 2010.

(4) Tier Two.

(a) The emergency unemployment compensation account of an individual who receives benefits pursuant to subsection (3) of this rule will receive an additional augmentation pursuant to paragraph (b) of this subsection if:

1. The individual exhausts all Tier One benefits by the week ending November 27, 2010;

2. The individual remains otherwise eligible.

(b) Amount Added to Account. The amount established in an account under this subsection will equal the lesser of:

1. 54 percent of the total amount of regular unemployment compensation payable to the individual during his or her benefit year; or

2. 14 times the individual’s average weekly benefit amount for the benefit year.

(c) Tier two benefits may be paid only for weeks of unemployment beginning on or after November 23, 2008.

(5) Tier Three.

(a) The emergency unemployment compensation account of an individual who receives benefits pursuant to subsection (4) of this rule will receive an additional augmentation pursuant to paragraph (b) of this subsection if:

1. The individual exhausts all Tier Two benefits by the week ending November 27, 2010;

2. The individual remains otherwise eligible; and

3. During or after the week these benefits are exhausted, but no later than the week ending November 27, 2010, one of the following circumstances occur:

a. The rate of insured unemployment for the current week and the immediately preceding 12 weeks equals or exceeds 4 percent; or

b. The average rate of total unemployment, seasonally adjusted, for the most recent 3 month period for which data for all States are published equals or exceeds 6 percent.

(b) The amount established in an account under this subsection will equal the lesser of:

1. 50 percent of the total amount of regular unemployment compensation payable to the individual during his or her benefit year; or

2. 13 times the individual’s average weekly benefit amount for the benefit year.

(c) Tier Three benefits may be paid only for weeks of unemployment beginning on or after November 8, 2009.

(6) Tier Four.

(a) The emergency unemployment compensation account of an individual who receives benefits pursuant to subsection (5) of this rule will receive an additional augmentation pursuant to paragraph (b) of this subsection if:

1. The individual exhausts all Tier Three benefits by the week ending November 27, 2010;

2. The individual remains otherwise eligible; and

3. During or after the week these benefits are exhausted, but no later than the week ending November 27, 2010, one of the following circumstances occur:

a. The rate of insured unemployment for the current week and the immediately preceding 12 weeks equals or exceeds 6 percent; or

b. The average rate of total unemployment, seasonally adjusted, for the most recent 3 month period for which data for all States are published equals or exceeds 8.5 percent.

(b) The amount established in an account under this subsection will equal the lesser of:

1. 24 percent of the total amount of regular unemployment compensation payable to the individual during his or her benefit year; or

2. 6 times the individual’s average weekly benefit amount for the benefit year.

(c) Tier Four benefits may be paid only for weeks of unemployment beginning on or after November 8, 2009.

(7) Termination of Emergency Unemployment Compensation. An individual who has a balance remaining in his or her individual account as of November 27, 2010, will continue to receive emergency unemployment compensation from such balance for any week beginning after that date for which he or she meets the eligibility requirements of this rule, except that no compensation will be payable for any week beginning after April 30, 2011.

Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.111, 443.191, 443.221(3) FS. History–New 8-11-10, Amended 12-19-10, Formerly 60BB-3.0253, Repealed           .

 

73B-11.0254 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 73B-11.0253, 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 73B-11.0253(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 73B-11.015, F.A.C. All other individuals who wish to receive emergency unemployment compensation must submit an application for benefits to the Department of Economic Opportunity. 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 73B-11.029(1)(xx) and (yy), F.A.C., and which are available at https://www2.myflorida.com/fluid/; or

(b) In the manner set forth in paragraphs 73B-11.013(1)(d) and (e), F.A.C., when a declared disaster or emergency makes internet filing impractical, or when the claimant needs special assistance or accommodation as defined in paragraph 73B-11.013(1)(c), F.A.C., using one of the forms listed below, which are hereby incorporated by reference into this rule.

1. 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. 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. 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.

(2) Notice of Determination.

(a) Notice of ineligibility for cases in which a claimant does not exhaust his or her regular benefits by the week ending November 20, 2010, will be mailed to the claimant on a Form AWI-UCB11 EXH (08/10), Notice of EUC Ineligibility, Form AWI-UCB11 EXH (S) (08/10), Aviso de no Eligibilidad para EUC, or a Form AWI-UCB11 EXH (C) (08/10), Avi Si Ou Pa Kalifye Pou EUC, which are hereby incorporated by reference into this rule.

(b) Notice of ineligibility for cases in which the claimant does not meet the eligibility requirements of Rule 73B-11.0252, F.A.C., will be mailed to the claimant on a Form AWI-UCB11-I EUC (10/09), Emergency Unemployment Compensation Monetary Determination, which is hereby incorporated by reference into this rule.

(c) Notice of the Department’s determination of a claimant’s eligibility or ineligibility for emergency unemployment compensation under subsection (2) or (3) of Rule 73B-11.0253, F.A.C., will be mailed to the claimant on a Form AWI-UCB11 EUC (09/10), Emergency Unemployment Compensation Monetary Determination Tier I, which is hereby incorporated by reference into this rule.

(d) Notice of the Department’s determination of a claimant’s eligibility or ineligibility for emergency unemployment compensation under paragraph (4)(b) of Rule 73B-11.0253, F.A.C., will be mailed to the claimant:

1. On a Form AWI-UCB11 EUC-2 (Rev. 7/10) Emergency Unemployment Compensation Monetary Determination Tier II, which is hereby incorporated by reference into this rule, when the claimant exhausts his Tier One benefits; or

2. On a Form AWI-UCB11 EUC-2R (12/09), Emergency Unemployment Compensation Tier II Monetary Determination, which is hereby incorporated by reference into this rule, when the claimant:

a. Claimed weeks on a Florida claim for extended benefits in a state in which extended benefits are not payable;

b. Received extended benefit payments for any week ending on or after November 14, 2009; or

c. Was determined to be entitled to an additional week of Tier Two benefits under the augmentation authorized by Public Law 111-92 for any week ending on or after November 14, 2009.

(e) Notice of the Department’s determination of a claimant’s eligibility or ineligibility for emergency unemployment compensation under subsection (5) of Rule 73B-11.0253, F.A.C., will be mailed to the claimant on a Form AWI-UCB11 EUC3 (Rev. 7/10) Emergency Unemployment Compensation Monetary Determination Tier III, which is hereby incorporated by reference into this rule.

(f) Notice of the Agency’s determination of a claimant’s eligibility or ineligibility for emergency unemployment compensation under subsection (6) of Rule 73B-11.0253, F.A.C., will be mailed to the claimant on a Form AWI-UCB11 EUC4 (Rev. 7/10), Emergency Unemployment Compensation Monetary Determination Tier IV, which is hereby incorporated by reference into this rule.

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, 11-27-11, Formerly 60BB-3.0254, Repealed     ___.

 

73B-11.0261 Definitions Relating to Extended Benefits.

For the purposes of extended benefits payable under Section 443.1117, F.S., and Rules 73B-11.0261-.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 73B-11.0263(2), F.A.C.

(2) Regular unemployment compensation: Benefits payable to an individual under Chapter 443, F.S., including benefits payable to federal civilian employees and to ex-service members 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, F.S.

Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.036, 443.1115, 443.1117 FS. History–New 11-28-10, Formerly 60BB-3.0261, Repealed             .

 

73B-11.0262 How to Apply for Extended Benefits.

(1) Initiating a Claim for Extended Benefits.

(a) The Department will mail a Form UCB-60, 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 online at http://www.floridajobs.org, using the online application (Form AWI-UCB-310EB-ONL (Rev. 09/2010) Extended Benefits Online Application), which is hereby incorporated by reference into this rule.

(b) When a declared disaster or emergency makes internet filing impractical, or when the claimant needs special assistance or accommodation as defined in paragraph 73B-11.013(1)(c), F.A.C., the claimant may file a Form AWI-UC310EB (09/10), Application for Extended Benefits (EB), which is hereby incorporated by reference into this rule, in the manner set forth in paragraphs 73B-11.013(1)(d) and (e), F.A.C.

(2) Notice of Determination.

(a) Notice of the Department’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. 08/11), Monetary Determination/Redetermination for Extended Benefits (EB), http://www.flrules.org/Gateway/refernce.asp?No=Ref-00724, which is hereby incorporated by reference into this rule, when the Department:

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 Department’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), Extended Benefits Determination of Eligibility, http://www.flrules.org/Gateway/refernce.asp?No=Ref-00726, 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 (08/11), Extended Benefits Benefit Rights Information, http://www.flrules.org/Gateway/refernce.asp?No=Ref-00728, 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 11-27-11, Formerly 60BB-3.0262, Repealed              .

 

73B-11.0263 Diligent Work Search Requirements.

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 as defined in paragraph 73B-11.013(1)(c), F.A.C., the individual may also file his or her report on a Form AWI UCB-60EB (Rev. 12/10), Unemployment Compensation Benefit Weekly Claim Certification, http://www.flrules.org/Gateway/refernce.asp?No=Ref-00722 in the manner prescribed in paragraphs 73B-11.0262(1)(b), F.A.C. 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 (Rev. 12/10), are hereby incorporated by reference into this rule and may be found at http://www.floridajobs.org/Unemployment/ucforms.html.

Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.091, 443.1115, 443.1117 FS. History–New 11-28-10, Amended 11-27-11, Formerly 60BB-3.0263, Repealed                 .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Michael Golen, Office of General Counsel

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 2, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 3, 2015