The purpose of the rule is to incorporate updated forms into the rule, eliminate references to obsolete forms, and to clarify how the remaining forms are to be used.

 

DEPARTMENT OF ECONOMIC OPPORTUNITY

Division of Workforce Services

RULE NOS.: RULE TITLES:

73B-11.013Filing Claims and Providing Documentation

73B-11.015Continued Claims for Benefits

73B-11.016Monetary Determinations

73B-11.017Nonmonetary Determinations

73B-11.024Short-Time Compensation Plan Application

PURPOSE AND EFFECT: The purpose of the rule is to incorporate updated forms into the rule, eliminate references to obsolete forms, and to clarify how the remaining forms are to be used.

SUMMARY: Incorporation of updated forms and clarification of their use.

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-11.013, 73B-11.015, 73B-11.016, 73B-11.017, and 73B-11.024, 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: 443.091(1)(a), (c), 443.1317(1)(b), 443.151(2)(b), FS.

LAW IMPLEMENTED: 443.036, 443.091(1), 443.101, 443.111(1), 443.151(2), (3), 443.1116, 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-11.013 Filing Claims and Providing Documentation.

(1) This Rule provides the approved Approved Methods and Forms for filing Filing Florida Reemployment Assistance Claims. Initial, additional, initial interstate, and reopened claims must be filed and submitted using Florida’s Online Reemployment Assistance System at www.FloridaJobs.org. may be filed:

(a) On the Internet at www.FloridaJobs.org. Select “File a Reemployment Assistance Claim”; or

(2)(b) When a declared disaster or emergency, or system unavailability, makes the Florida Online Reemployment Assistance System unavailable, internet filing impractical, or when a the claimant needs special assistance or accommodation, a Reemployment Assistance Claim may be filed by contacting by filing a completed claim application, which may be obtained by contacting the Department of Economic Opportunity toll-free at 1 [phone]. These applications are:

(3) (c) For the purposes of this Rule, paragraphs (b) and (e), a claimant needs special assistance or accommodation when she or he:

(a) 1. Is legally prohibited from using a computer;

(b) 2. Has an a physical or visual impairment which makes her or him unable to use a computer; or

(c) 3. Is unable to read or write effectively in a language in which the Online Reemployment Assistance System makes available. Internet application is available.

(4) When a declared disaster or emergency makes the Florida Online Reemployment Assistance System unavailable the Department of Economic Opportunity may also make the following Forms available for filing a Florida Reemployment Assistance Claim:

(a) Florida residents may use the following Forms:

1. Reemployment Assistance Application for Services, Form DEO RA-310, http://www.flrules.org/Gateway/reference.asp?No=Ref-          ; effective date:        , 2015, which is hereby adopted and incorporated by reference.

2. Reemployment Assistance Application for Services (Spanish version), Form DEO RA-310(S), http://www.flrules.org/Gateway/reference.asp?No=Ref-     ; effective date:        , 2015, which is hereby adopted and incorporated by reference.

3. Reemployment Assistance Application for Services (Creole version), Form DEO RA-310(C), http://www.flrules.org/Gateway/reference.asp?No=Ref-     ; effective date:        , 2015, which is hereby adopted and incorporated by reference.

1. AWI Form UC-310, “Unemployment Compensation Application for Services” (Rev. 10/07), AWI Form UC-310(S) “Unemployment Compensation Application for Services” (Spanish version) (Rev. 10/7), or AWI Form UC-310(C) “Unemployment Compensation Application for Services” (Creole version) (Rev. 10/7), which are incorporated by reference in Rule 73B-11.029, F.A.C., are to be used by Florida residents;

(b) Non-Florida residents may use the following Forms:

1. Initial Interstate Claim, Form DEO IB-1, http://www.flrules.org/Gateway/reference.asp?No=Ref-     ; effective date:        , 2015, which is hereby adopted and incorporated by reference.

2. Initial Interstate Claim (Spanish version), Form DEO IB-1(S),

http://www.flrules.org/Gateway/reference.asp?No=Ref-     ; effective date:        , 2015, which is hereby adopted and incorporated by reference.

3. IB-1(C) Initial Interstate Claim (Creole version), Form DEO IB-1(C),

http://www.flrules.org/Gateway/reference.asp?No=Ref-     ; effective date:        , 2015, which is hereby adopted and incorporated by reference.

2. Form IB-1, “Initial Interstate Claim” (10/07), Form IB-1(S) “Initial Interstate Claim” (Spanish version) (Rev. 10/07), or Form IB-1(C) “Initial Interstate Claim” (Creole version) (Rev. 10/7), which are incorporated by reference in Rule 73B-11.029, F.A.C., are to be used by non-Florida residents;

(5) When the above-noted Forms are being used, a claimant may submit a completed Form as follows:

(d) In a declared disaster or emergency which makes internet filing impractical, the claimant may submit a paper application by:

(a) 1. Mailing it to the Department of Economic Opportunity, Reemployment Assistance Unemployment Compensation Records Unit, P. O. Drawer 5750, Tallahassee, Florida 32314-5750; or

(b) 2. Faxing it to the Department of Economic Opportunity, Unemployment Compensation Records Unit, [phone]; or

(b)3. Delivering it in person at a location designated by the Department.

(e) Claimants who need special assistance or accommodation may submit a paper application in the manner set forth in subparagraphs (d)1. and 2.

(6)(2) Required Documentation

(a) The claimant’s valid social security number and one other approved form of secondary identification must be provided at the time of filing. Approved secondary identifiers include:

1. Driver’s license issued by a state, possession of the United States, or a Canadian government authority;, provided it contains a photograph or identifying information such as name, date of birth, sex, height, and address;

2. Documentation issued by a federal, state, or local government agency that contains a photograph or identifying information such as name, date of birth, sex, height, and address;

3. School identification (ID) card with photograph;

4. United States (U.S.) military ID card, dependent’s ID card, or U.S. Coast Guard Merchant Mariner card;

5. Native American tribal document;

6. U.S. Passport (unexpired or expired); or

7. Certificate of U.S. Citizenship or Certificate of Naturalization.

(b) Proof will be required if a claimant’s employment, social security number, or identity is in question. Circumstances requiring such documentation include, for example:

1. The Social Security Administration does not confirm the validity of the social security number;

2. A previous claim was filed using the same social security number by a person with another name;

3. The Department receives information indicating fraudulent use of the social security number in question; or

4. Reasonable evidence, such as a Reemployment Assistance an unemployment compensation fraud detection cross match, that places in question the identity of the claimant or the validity of the claim.

(c) Documentation from the Immigration and Naturalization Service verifying authorization to work in the United States will be required from any alien whose work authorization cannot be identified using the Systematic Alien Verification for Entitlement (SAVE) system. Benefits will be delayed or denied only when neither primary nor secondary verification procedures verify the claimant’s authorization to work in the United States. A determination denying benefits due to the absence of authorization to work will be reconsidered when the claimant furnishes the required documentation.

(d) A military veteran filing a military claim will be required to furnish a copy of the Form DD-214 issued to the claimant by the military service at the time of discharge to establish service dates and nature of discharge when the branch of the military in which the claimant served does not promptly respond to the Department’s request.

(e) An individual filing a claim based on federal civilian employment will be required to furnish a copy of Standard Form 50, Form W-2, or paystubs and Standard Form 8, received at the time of separation when the federal employer does not promptly respond to the Department’s request.

(7)(3) Disclosure of Support Obligations.  Each individual filing a new or additional claim for Reemployment Assistance unemployment compensation must disclose at the time of filing whether he or she owes support obligations which are being enforced by the Florida Department of Revenue pursuant to 42 USC 503(e)(2)(A)(i) and 42 USC 654.

(8)(4) Effective Date of Claim.  Unless otherwise provided by Section 443.036(9), F.S., the effective date of an initial, additional or reopened claim will be the Sunday immediately preceding the filing date, with the following exceptions:

(a) Change of Calendar Quarter. When an initial claim is filed during a week in which a change of calendar quarter occurs, the claimant will have the option of filing the claim effective the beginning of the new calendar quarter.

(b) Group Filing. When arrangements for group filing are made, generally due to mass separation, labor dispute or implementation of a Short Time Compensation Plan, initial and additional claims will be backdated to the Sunday immediately preceding the date on which the unemployment began, provided the claimant reports in accordance with the group filing arrangements.

(c) Sunday Filing. Claims filed on a Sunday will be effective on the date of filing.

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, 11-27-11, Formerly 60BB-3.013, Amended 2-13-13, _________________.

 

73B-11.015 Continued Claims for Benefits.

(1) Method of Filing Continued Claims.

(a) After filing an initial, additional, initial interstate, or reopened claim, a the claimant will be instructed and required to report their continued claim bi-weekly for the duration of the unemployment by using the Florida Online Reemployment Assistance System Internet at www.FloridaJobs.org. www.fluidnow.com.

(b) When a declared disaster or emergency, or system unavailability, makes the Florida Online Reemployment Assistance System unavailable, or when a claimant needs special assistance or accommodation, a continued claim may be filed by contacting the Department of Economic Opportunity toll-free at 1 [phone].

(b) In the event of a disaster or emergency, or when special assistance or accommodation as defined in paragraphs 73B-11.013(1)(c), F.A.C., is required, claimants may report in the manner set forth in paragraphs 73B-11.013(1)(d) and (e), F.A.C. or by using the AWI Form UCB-60 “Weekly Claim Certification” (Rev. 02/03), which is incorporated by reference in paragraph 73B-11.029(1)(q), F.A.C.

(c) For the purposes of this Rule, a claimant needs special assistance or accommodation when she or he:

1. Is legally prohibited from using a computer;

2. Has an impairment which makes her or him unable to use a computer; or

3. Is unable to read or write effectively in a language in which the Online Reemployment Assistance System makes available.

(d) When a declared disaster or emergency makes the Florida Online Reemployment Assistance System unavailable the Department of Economic Opportunity may make the following Form available for filing a continued claim: Weekly Claim Certification, Form DEO RAB-60, http://www.flrules.org/Gateway/reference.asp?No=Ref-     ; effective date:        , 2015, which is hereby adopted and incorporated by reference.

(e) When the above-noted Form is being used, a claimant may submit the completed Form as follows:

1. Mailing it to the Department of Economic Opportunity, Reemployment Compensation Records Unit, P.O. Drawer 5750, Tallahassee, Florida 32314-5750; or

2. Delivering it in person at a location designated by the Department.

(2) Work Registration. Unless exempted under Section 443.091(1)(b), F.S., or when special assistance or accommodation as defined above in paragraph 73B-11.013(1)(c), F.A.C., is required, a the claimant must file a complete work registration on the Employ Florida Marketplace website, which may be accomplished by logging onto http://www.employflorida.com.

(a) To complete the work registration, the claimant must:

1. Provide a valid email address assigned to him or her;

2. Complete the Background Wizard; and

3. Create an Online Resume.

(b) The Background Wizard and Online Resume application may require the claimant to provide the following types of information:

1. Education History;

2. Occupational license or certification;

3. Skills and abilities;

4. Valid form of identification as defined in paragraph 73B-11.013(2)(a), F.A.C.;

5. Employment history; and

6. References.

(c) Valid form of identification include the claimant’s valid social security number and one other approved form of secondary identification including:

1. Driver’s license issued by a state, possession of the United States, or a Canadian government authority; provided it contains a photograph or identifying information such as name, date of birth, sex, height, and address;

2. Documentation issued by a federal, state, or local government agency that contains a photograph or identifying information such as name, date of birth, sex, height, and address;

3. School identification (ID) card with photograph;

4. United States (U.S.) military ID card, dependent’s ID card, or U.S. Coast Guard Merchant Mariner card;

5. Native American tribal document;

6. U.S. Passport (unexpired or expired); or

7. Certificate of U.S. Citizenship or Certificate of Naturalization.

(3) Time Limit for Filing Continued Claims.

(a) Scheduled Reports. Continued claims for benefits must be filed within 7 14 calendar days following the scheduled report date as shown on the Online Reemployment Assistance System Internet Confirmation Page, or otherwise communicated to the claimant by the Department. The Department will stop providing this notice 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 7 14 days after the scheduled report date shown on the Online Reemployment Assistance System Internet Confirmation Page, or communicated to the claimant by a Department 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) Resubmitted Continued Claim. When a claimant is directed by the Department to resubmit a continued claim for completion or correction, the scheduled report date will be extended to 7 14 days from the date the Department notifies the claimant that the claim was incomplete or incorrect. If the notification is mailed, the mailing date will be considered the date of notification.

(d) Early Reports. The Department may accept a continued claim certification prior to the scheduled report date provided each claimed week has ended.

(e) Special Reports. At any time during the pendency of any claim for benefits, the Department may make a written request in writing or by e-mail for information or documentation from the claimant regarding any question whose resolution is necessary to ascertain the claimant’s entitlement to benefits or the amount of any such benefits. The failure of the claimant to respond will result in a determination made from the available evidence.

Rulemaking Authority 443.091(1)(a), (c), 443.1317(1)(b), 443.151(2)(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, 11-27-11, Formerly 60BB-3.015, Amended 2-13-13, 9-15-14, ______________.

 

73B-11.016 Monetary Determinations.

(1) Computation of Wages.

(a) All employment in the base period reported by an employer or determined by the Department from available information shall be considered in computing the monetary eligibility of a claimant.

(b) Assignment of Wages to Calendar Quarters. Wages will generally be counted as reported by the employer. Upon request by the claimant or employer and for the purpose of determining the claimant’s weekly benefit amount and maximum available credits, wages may be assigned to the calendar quarter in which the wages were earned, but can be used in only one base period.

(2) Notices to Employers.

(a) The Department will use AWI Form UCB-412, “Determination Notice of Unemployment Compensation Claim Filed,” (Rev. 04/07), incorporated by reference in Rule 73B-11.029, F.A.C., to notify the claimant’s most recent employing unit and each employer in the claimant’s base period of each claim for benefits filed, pursuant to Section 443.151(3)(a), F.S., and Rule 73B-11.0151, F.A.C.

(b) The Department will use AWI Form UCB-9 (Rev. 04/01), incorporated by reference in Rule 73B-11.029, F.A.C., to request wage information regarding a specific claimant. If a timely response is not received, the claimant’s monetary eligibility will be based on other evidence, including but not limited to an affidavit from the claimant.

(3) Notices to Claimants. The Department will issue a determination of monetary eligibility to each claimant on AWI Form UCB-11, “Wage Transcript and Determination form, ” (Rev. 01/08), incorporated by reference in Rule 73B-11.029, F.A.C., which will serve as notice to the claimant pursuant to Section 443.151(3)(a), F.S.

Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.036, 443.091, 443.101, 443.151(3) FS. History–New 8-25-92, Formerly 38B-3.016, Formerly 60BB-3.016, Amended 8-14-08, __________________.

73B-11.017 Nonmonetary Determinations.

(1) Investigation of Issues. The Department will investigate all issues that may affect a claimant’s benefits. The Department will make a reasonable attempt to contact all parties and obtain facts necessary to resolve nonmonetary issues. Contact methods include, but are not limited to, telephone, mail, and e-mail and facsimile transmission. If it is determined that the claimant has satisfied the terms of a potential disqualification that would otherwise be imposed, no investigation need be conducted. However, a determination will be made pursuant to Rule 73B-11.018, F.A.C., regarding charges to the employer’s account.

(2) Parties Entitled to Notice of Determination. Determinations will be issued to all parties entitled to notice. on AWI Form UCB-45, “Notice of Determination”, (Rev. 02/08), incorporated by reference in Rule 73B-11.018, F.A.C.

(a) Claimants. A claimant is entitled to notice of any determination affecting his or her benefits.

(b) Employers. Pursuant to Section 443.151(3), F.S., an employer entitled to notice is the employer:

1. From which the separation occurred, when job separation is the issue;

2. That offered work to the claimant; when failure to accept work is the issue;

3. Directly involved in the dispute, at whose factory, establishment or other premises the claimant is or was employed, when labor dispute is the issue;

4. By or on behalf of which such remuneration was paid, when wages in lieu of notice, severance pay, retirement income, workers’ compensation or other remuneration is the issue;

5. Directly involved, when false or fraudulent representation to obtain or to increase benefits is the issue; or

6. Directly involved, when employment status, fraud, or overpayment resulting from improperly reported work or earnings is the issue.

Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.091, 443.101, 443.151(3) FS. History–New 8-25-92, Formerly 38B-3.017, Formerly 60BB-3.017, Amended 8-14-08, _______________.

 

Substantial rewording of Rule 73B-11.024 follows.  See Florida Administrative Code for present text.)

73B-11.024 Short-Time Compensation Plan Application.

(1) Employers who wish to participate in the Short-Time Compensation program, pursuant to Section 443.1116, F.S., must apply using Florida’s Online Reemployment Assistance System at www.FloridaJobs.org.

(2) When a declared disaster or emergency makes the Florida Online Reemployment Assistance System unavailable, internet application impractical, or when a the employer needs special assistance or accommodation, Employers who wish to participate in the Short-Time Compensation program may do so by contacting the Department of Economic Opportunity toll-free at 1[phone].

(3) For the purposes of this Rule, an employer needs special assistance or accommodation when she or he:

(a) Is legally prohibited from using a computer;

(b) Has an impairment which makes her or him unable to use a computer; or

(c) Is unable to read or write effectively in a language in which the Online Reemployment Assistance System makes available.

(4) When a declared disaster or emergency makes the Florida Online Reemployment Assistance System unavailable the Department of Economic Opportunity may also make available the Short-Time Compensation Plan Application, Form DEO RAB/STC-3, http://www.flrules.org/Gateway/reference.asp?No=Ref-     ; effective date:        , 2015, which is hereby adopted and incorporated by reference, and which is available on the Department’s website at www.FloridaJobs.org. 

(5) When the above-noted Form is being used, an employer may submit it as follows:

(a) By contacting the Department toll-free at 1[phone].

(b) Mailing it to the Department of Economic Opportunity, Reemployment Assistance Records Unit, P. O. Drawer 5750, Tallahassee, Florida 32314-5750; or

(c) Delivering it in person at a location designated by the Department.

Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.1116 FS. History–New 8-14-08, Formerly 60BB-3.024, Amended____________.

 

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: June 4, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 27, 2015