Bill Text: FL S1552 | 2011 | Regular Session | Introduced

Bill Title: Unemployment Compensation

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S1552 Detail]

Download: Florida-2011-S1552-Introduced.html
       Florida Senate - 2011                                    SB 1552
       By Senator Lynn
       7-01116A-11                                           20111552__
    1                        A bill to be entitled                      
    2         An act relating to unemployment compensation; amending
    3         s. 443.036, F.S.; defining the terms “community
    4         service” and “reemployment services”; amending s.
    5         443.091, F.S.; providing that an unemployed individual
    6         is eligible to receive benefits if he or she
    7         participates in a community service program
    8         administered by a regional workforce board;
    9         authorizing the Agency for Workforce Innovation to
   10         adopt rules; conforming a cross-reference; amending s.
   11         443.1216, F.S.; providing that community services are
   12         not covered by unemployment compensation; conforming
   13         cross-references; amending s. 443.131, F.S.;
   14         conforming cross-references; providing an effective
   15         date.
   17  Be It Enacted by the Legislature of the State of Florida:
   19         Section 1. Present subsections (13) through (36) of section
   20  443.036, Florida Statutes, are renumbered as subsections (14)
   21  through (37), respectively, present subsections (37) through
   22  (45) of that section are renumbered as subsections (39) through
   23  (47), respectively, and new subsections (13) and (38) are added
   24  to that section, to read:
   25         443.036 Definitions.—As used in this chapter, the term:
   26         (13) “Community service” means any program operated by a
   27  regional workforce board in which claimants volunteer to perform
   28  services for private nonprofit or public entities.
   29         (38) “Reemployment services” means job search assistance
   30  services, which include, but are not limited to, job referral
   31  and placement assistance; development of an employability
   32  development plan; provision of labor market information;
   33  assessment of skill levels, abilities, and aptitudes; career
   34  guidance when appropriate; job search workshops such as resume
   35  writing and interviewing classes; and referral to training as
   36  required.
   37         Section 2. Paragraphs (b) and (d) of subsection (1) of
   38  section 443.091, Florida Statutes, are amended to read:
   39         443.091 Benefit eligibility conditions.—
   40         (1) An unemployed individual is eligible to receive
   41  benefits for any week only if the Agency for Workforce
   42  Innovation finds that:
   43         (b) She or he has registered with the agency for work and
   44  subsequently reports to the one-stop career center as directed
   45  by the regional workforce board for reemployment services. This
   46  requirement does not apply to persons who are:
   47         1. Non-Florida residents;
   48         2. On a temporary layoff, as defined in s. 443.036(42);
   49         3. Union members who customarily obtain employment through
   50  a union hiring hall; or
   51         4. Claiming benefits under an approved short-time
   52  compensation plan as provided in s. 443.1116.
   53         (d) She or he is able to work and is available for work. In
   54  order to assess eligibility for a claimed week of unemployment,
   55  the agency shall develop criteria to determine a claimant’s
   56  ability to work and availability for work. However:
   57         1. Notwithstanding any other provision of this paragraph or
   58  paragraphs (b) and (e), an otherwise eligible individual may not
   59  be denied benefits for any week because she or he is in training
   60  with the approval of the agency, or by reason of s. 443.101(2)
   61  relating to failure to apply for, or refusal to accept, suitable
   62  work. Training may be approved by the agency in accordance with
   63  criteria prescribed by rule. A claimant’s eligibility during
   64  approved training is contingent upon satisfying eligibility
   65  conditions prescribed by rule.
   66         2. Notwithstanding any other provision of this chapter, an
   67  otherwise eligible individual who is in training approved under
   68  s. 236(a)(1) of the Trade Act of 1974, as amended, may not be
   69  determined ineligible or disqualified for benefits due to her or
   70  his enrollment in such training or because of leaving work that
   71  is not suitable employment to enter such training. As used in
   72  this subparagraph, the term “suitable employment” means work of
   73  a substantially equal or higher skill level than the worker’s
   74  past adversely affected employment, as defined for purposes of
   75  the Trade Act of 1974, as amended, the wages for which are at
   76  least 80 percent of the worker’s average weekly wage as
   77  determined for purposes of the Trade Act of 1974, as amended.
   78         3. Notwithstanding any other provision of this section, an
   79  otherwise eligible individual may not be denied benefits for any
   80  week because she or he is before any state or federal court
   81  pursuant to a lawfully issued summons to appear for jury duty.
   82         4. Notwithstanding any other provision of this section, an
   83  otherwise eligible individual may not be denied benefits for any
   84  week because she or he is participating in a community service
   85  program administered by a regional workforce board during a
   86  period of elevated unemployment that begins after July 2, 2011.
   87         a. For the purposes of this subparagraph, a period of
   88  elevated unemployment:
   89         (I) Begins with the first day of the week following the 8th
   90  consecutive week during which the average total unemployment
   91  rate, as determined by the United States Secretary of Labor,
   92  equals or exceeds 9 percent; and
   93         (II) Ends with the first day of the week following the 8th
   94  consecutive week that the average total unemployment rate is
   95  less than 9 percent.
   96         b. The community service performed by a claimant may not
   97  exceed 20 hours per week.
   98         c. A participant in a community service program under this
   99  paragraph shall be deemed an employee of the state for purposes
  100  of workers’ compensation coverage. In determining the average
  101  weekly wage, any remuneration the participant may receive in
  102  connection with the community service is considered a gratuity
  103  and the participant is not entitled to any benefits otherwise
  104  payable under s. 440.15, regardless of whether the participant
  105  is receiving wages and remuneration from other employment with
  106  another employer and regardless of his or her future wage
  107  earning capacity.
  108         5.The agency may adopt rules as necessary to administer
  109  this paragraph.
  110         Section 3. Paragraph (a) of subsection (1) and paragraph
  111  (f) of subsection (13) of section 443.1216, Florida Statutes,
  112  are amended, and paragraph (z) is added to subsection (13) of
  113  that section, to read:
  114         443.1216 Employment.—Employment, as defined in s. 443.036,
  115  is subject to this chapter under the following conditions:
  116         (1)(a) The employment subject to this chapter includes a
  117  service performed, including a service performed in interstate
  118  commerce, by:
  119         1. An officer of a corporation.
  120         2. An individual who, under the usual common-law rules
  121  applicable for in determining the employer-employee
  122  relationship, is an employee. However, if whenever a client who,
  123  as defined in s. 443.036(18), which would otherwise be
  124  designated as an employing unit has contracted with an employee
  125  leasing company to supply it with workers, those workers are
  126  considered employees of the employee leasing company. An
  127  employee leasing company may lease corporate officers of the
  128  client to the client and other workers to the client, except as
  129  prohibited by regulations of the Internal Revenue Service.
  130  Employees of an employee leasing company must be reported under
  131  the employee leasing company’s tax identification number and
  132  contribution rate for work performed for the employee leasing
  133  company.
  134         a. In addition to any other report required to be filed by
  135  law, an employee leasing company shall submit a report to the
  136  Labor Market Statistics Center within the Agency for Workforce
  137  Innovation which includes each client establishment and each
  138  establishment of the employee leasing company, or as otherwise
  139  directed by the agency. The report must include the following
  140  information for each establishment:
  141         (I) The trade or establishment name;
  142         (II) The former unemployment compensation account number,
  143  if available;
  144         (III) The former federal employer’s identification number
  145  (FEIN), if available;
  146         (IV) The industry code recognized and published by the
  147  United States Office of Management and Budget, if available;
  148         (V) A description of the client’s primary business activity
  149  in order to verify or assign an industry code;
  150         (VI) The address of the physical location;
  151         (VII) The number of full-time and part-time employees who
  152  worked during, or received pay that was subject to unemployment
  153  compensation taxes for, the pay period including the 12th of the
  154  month for each month of the quarter;
  155         (VIII) The total wages subject to unemployment compensation
  156  taxes paid during the calendar quarter;
  157         (IX) An internal identification code to uniquely identify
  158  each establishment of each client;
  159         (X) The month and year that the client entered into the
  160  contract for services; and
  161         (XI) The month and year that the client terminated the
  162  contract for services.
  163         b. The report shall be submitted electronically or as in a
  164  manner otherwise prescribed by the Agency for Workforce
  165  Innovation and in the format specified by the Bureau of Labor
  166  Statistics of the United States Department of Labor for its
  167  Multiple Worksite Report for Professional Employer
  168  Organizations. The report must be provided quarterly to the
  169  Labor Market Statistics Center within the Agency for Workforce
  170  Innovation, or as otherwise directed by the agency, and must be
  171  filed by the last day of the month immediately following the end
  172  of the calendar quarter. The information required in sub-sub
  173  subparagraphs a.(X) and (XI) need be provided only in the
  174  quarter in which the contract to which it relates was entered
  175  into or terminated. The sum of the employment data and the sum
  176  of the wage data in the this report must match the employment
  177  and wages reported in the unemployment compensation quarterly
  178  tax and wage report. A report is not required for any calendar
  179  quarter preceding the third calendar quarter of 2010.
  180         c. The Agency for Workforce Innovation shall adopt rules as
  181  necessary to administer this subparagraph, and may administer,
  182  collect, enforce, and waive the penalty imposed by s.
  183  443.141(1)(b) for the report required by this subparagraph.
  184         d. For the purposes of this subparagraph, the term
  185  “establishment” means any location where business is conducted
  186  or where services or industrial operations are performed.
  187         3. An individual other than an individual who is an
  188  employee under subparagraph 1. or subparagraph 2., who performs
  189  services for remuneration for any person:
  190         a. As an agent-driver or commission-driver engaged in
  191  distributing meat products, vegetable products, fruit products,
  192  bakery products, beverages other than milk, or laundry or
  193  drycleaning services for his or her principal.
  194         b. As a traveling or city salesperson engaged on a full
  195  time basis in the solicitation on behalf of, and the
  196  transmission to, his or her principal of orders from
  197  wholesalers, retailers, contractors, or operators of hotels,
  198  restaurants, or other similar establishments for merchandise for
  199  resale or supplies for use in their business operations. This
  200  sub-subparagraph does not apply to an agent-driver, or a
  201  commission-driver, or and does not apply to sideline sales
  202  activities performed on behalf of a person other than the
  203  salesperson’s principal.
  204         4. The services described in subparagraph 3. are employment
  205  subject to this chapter only if:
  206         a. The contract of service contemplates that substantially
  207  all of the services are to be performed personally by the
  208  individual;
  209         b. The individual does not have a substantial investment in
  210  facilities used in connection with the services, other than
  211  facilities used for transportation; and
  212         c. The services are not in the nature of a single
  213  transaction that is not part of a continuing relationship with
  214  the person for whom the services are performed.
  215         (13) The following are exempt from coverage under this
  216  chapter:
  217         (f) Service performed in the employ of a public employer as
  218  defined in s. 443.036, except as provided in subsection (2), and
  219  service performed in the employ of an instrumentality of a
  220  public employer as described in s. 443.036(36)(b) or (c) s.
  221  443.036(35)(b) or (c), to the extent that the instrumentality is
  222  immune under the United States Constitution from the tax imposed
  223  by s. 3301 of the Internal Revenue Code for that service.
  224         (z) Service performed as part of a community service
  225  program under s. 443.091(1)(d)4.
  226         Section 4. Paragraph (f) of subsection (3) of section
  227  443.131, Florida Statutes, is amended to read:
  228         443.131 Contributions.—
  231         (f) Transfer of employment records.—
  232         1. For the purposes of this subsection, two or more
  233  employers who are parties to a transfer of business or the
  234  subject of a merger, consolidation, or other form of
  235  reorganization, effecting a change in legal identity or form,
  236  are deemed a single employer and are considered to be one
  237  employer with a continuous employment record if the tax
  238  collection service provider finds that the successor employer
  239  continues to carry on the employing enterprises of all of the
  240  predecessor employers, and that the successor employer has paid
  241  all contributions required of and due from all of the
  242  predecessor employers, and has assumed liability for all
  243  contributions that may become due from all of the predecessor
  244  employers. In addition, An employer may not be considered a
  245  successor under this subparagraph if the employer purchases a
  246  company with a lower rate into which employees with job
  247  functions unrelated to the business endeavors of the predecessor
  248  are transferred for the purpose of acquiring the low rate and
  249  avoiding payment of contributions. As used in this paragraph,
  250  Notwithstanding s. 443.036(15) s. 443.036(14), the term
  251  “contributions,as used in this paragraph, means all
  252  indebtedness to the tax collection service provider, including,
  253  but not limited to, interest, penalty, collection fee, and
  254  service fee.
  255         2. A successor employer must accept the transfer of all of
  256  the predecessor employers’ employment records within 30 days
  257  after the date of the official notification of liability by
  258  succession. If a predecessor employer has unpaid contributions
  259  or outstanding quarterly reports, the successor employer must
  260  pay the total amount with certified funds within 30 days after
  261  the date of the notice listing the total amount due. After the
  262  total indebtedness is paid, the tax collection service provider
  263  shall transfer the employment records of all of the predecessor
  264  employers to the successor employer’s employment record. The tax
  265  collection service provider shall determine the contribution
  266  rate of the combined successor and predecessor employers upon
  267  the transfer of the employment records, as prescribed by rule,
  268  in order to calculate any change in the contribution rate
  269  resulting from the transfer of the employment records.
  270         3.2. Regardless of whether a predecessor employer’s
  271  employment record is transferred to a successor employer under
  272  this paragraph, the tax collection service provider shall treat
  273  the predecessor employer, if he or she subsequently employs
  274  individuals, as an employer without a previous employment record
  275  or, if his or her coverage is terminated under s. 443.121, as a
  276  new employing unit.
  277         4.3. The state agency providing unemployment tax collection
  278  services may adopt rules governing the partial transfer of
  279  experience rating when an employer transfers an identifiable and
  280  segregable portion of his or her payrolls and business to a
  281  successor employing unit. As a condition of each partial
  282  transfer, these rules must require the following to be filed
  283  with the tax collection service provider: an application by the
  284  successor employing unit, an agreement by the predecessor
  285  employer, and the evidence required by the tax collection
  286  service provider to show the benefit experience and payrolls
  287  attributable to the transferred portion through the date of the
  288  transfer. These rules must provide that the successor employing
  289  unit, if not an employer subject to this chapter, becomes an
  290  employer as of the date of the transfer and that the transferred
  291  portion of the predecessor employer’s employment record is
  292  removed from the employment record of the predecessor employer.
  293  For each calendar year after the date of the transfer of the
  294  employment record in the records of the tax collection service
  295  provider, the service provider shall compute the contribution
  296  rate payable by the successor employer or employing unit based
  297  on his or her employment record, combined with the transferred
  298  portion of the predecessor employer’s employment record. These
  299  rules may also prescribe what contribution rates are payable by
  300  the predecessor and successor employers for the period between
  301  the date of the transfer of the transferred portion of the
  302  predecessor employer’s employment record in the records of the
  303  tax collection service provider and the first day of the next
  304  calendar year.
  305         5.4. This paragraph does not apply to an employee leasing
  306  company and client contractual agreement as defined in s.
  307  443.036. The tax collection service provider shall, if the
  308  contractual agreement is terminated or the employee leasing
  309  company fails to submit reports or pay contributions as required
  310  by the service provider, treat the client as a new employer
  311  without previous employment record unless the client is
  312  otherwise eligible for a variation from the standard rate.
  313         Section 5. This act shall take effect July 1, 2011.