Title: Reemployment Assistance Appeals Commission

Summary: Revises membership requirements of commission; removes provision requiring payment of daily stipend for certain commissioners.

Full Text:
An act relating to the Reemployment Assistance Appeals Commission; amending s. 443.012, F.S.; revising membership requirements of the commission; removing a provision requiring payment of a daily stipend for certain commissioners; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 443.012, Florida Statutes, is amended to read: 443.012 Reemploym ent Assistance Appeals Commission.-(1) CREATION.-The Reemployment Assistance Appeals Commission There is created within the Division of Workforce Services of the Department of Economic Opportunity a Reemployment Assistance Appeals Commission. The commis sion is composed of a chair and two other members appointed by the Governor, subject to confirmation by the Senate. Only one appointee may be a representative of employers, as demonstrated by his or her previous vocation, employment, or affiliation; and only one appointee may be a representative of employees, as demonstrated by his or her previous vocation, employment, or affiliation.(2) MEMBERS.-(a) Except for the chair, the terms of the members serving as of July 1, 2014, shall expire on September 0, 2014. HB 1097 2014 Beginning October 1, 2014, the commission shall be composed of nine members, consisting of the following: 1. When the term of the chair serving as of July 1, 2014, expires, a chair, who shall be appointed by the Governor, subject to confirmation by the Senate, for a term of years. The chair must have the qualifications required by law for a judge of the circuit court. 2. Eight members appointed by the Governor, subject to confirmation by the Senate, for a term of years, notwithstanding s. 0.052(4)(c). Four members shall be appointed from a list submitted by the President of the Senate which may include only members of the even-numbered regional workforce boards under s. 445.007(1). Four members shall be appointed from a list submitted by th eSpeaker of the House of Representatives which may include only members of the odd-numbered regional workforce boards under s. 445.007(1). Each list must include at least twice the number of persons as positions required to be filled. However, to stagger the terms of the initial appointments, two members appointed from the list submitted by the President of the Senate and two members appointed from the list submitted by the Speaker of the House of Representatives shall be appointed to a term of year and may be reappointed for an additional term of years. (b) Only one member may be appointed from an individual regional workforce board at a time. An individual regional workforce board may not be represented by an appointee more than HB 1097 2014 once within a-year period. (c) A vacancy for the unexpired term of a member shall be filled in the same manner as the original appointment. (d)(a) The chair:1. Shall devote his or her entire time to commission duties and Is responsible for the administrative function sof the commission. 2.(b) May The chair has authority to appoint a general counsel and other personnel to carry out the duties and responsibilities of the commission. 3.(c) Shall devote his or her entire time to commission duties The chair must have the qualifications required by law for a judge of the circuit court and may not engage in any other business vocation or employment. 4. Notwithstanding any other law, the chair shall be paid a salary equal to that paid under state law to a judge of the circuit court. (e)(d) The remaining members shall be paid a stipend of $100 for each day they are engaged in the work of the commission. The chair and other members are entitled to be reimbursed for travel expenses, as provided in s. 112.061. (e) The total salary of the chair and the travel expenses of the chair and other members each member of the commission shall be paid from the Employment Security Administration Trust Fund. (3) HEARINGS.- HB 1097 2014 (a) The presence of four members, in addition to the chair, constitutes a quorum of the commission. (b) A member may not take part in a discussion, deliberation, or action on a matter in which he or she is an interested party or has a conflict of interest as defined in s. 112.312. (2) The members of the commis sion shall be appointed to staggered terms of years each. A vacancy for the unexpired term of a member shall be filled in the same manner as the original appointment. The presence of two members constitutes a quorum for any called meeting of the commissi on. (4)(3) AUTHORITY, POWERS, AND DUTIES.-The commission has all authority, powers, and duties, and responsibilities relating to reemployment assistance appeal proceedings under this chapter. (a)(4) The property, personnel, and appropriations relating to the specified authority, powers, and duties, and responsibilities of the commission shall be provided to the commission by the Department of Economic Opportunity. (5) The commission is not subject to control, supervision, or direction by the Department of Economic Opportunity in performing its powers or duties under this chapter. (b)(6) The commission may do any of the following: 1. Make expenditures, including expenditures for personal services and rent, for law books, books of reference, periodicals, furniture, equipment, and supplies, and for HB 1097 2014 printing and binding as necessary in exercising its authority and powers and carrying out its duties and responsibilities. All such expenditures of the commission shall be allowed and paid as provided in s. 443.211 upon the presentation of itemized vouchers approved by the chair. 2.(7) The commission may Charge fees for publications, subscriptions, and copies of records and documents. These fees must be deposited into in the Employment Security Administration Trust Fund. 3. Adopt rules under ss. 120.536(1) and 120.54 to administer the provisions of law conferring duties upon it. (c)(8) The commission shall do all of the following: 1. Maintain and keep open during reasonable business hours an office in Tallahassee for the purpose of transacting its business, at which office the commission shall keep its official records and papers. The offices shall be furnished and equipped by the commission. The co mmission may hold sessions and conduct hearings at any place within the state. 2.(9) The commission shall Prepare and submit a budget covering the necessary administrative cost of the commission. 3.(10) The commission shall Have a seal for authenticati ng its orders, awards, and proceedings, upon which shall be inscribed the words "State of Florida  Reemployment Assistance Appeals Commission  Seal," and it shall be judicially noticed. (11) The commission has authority to adopt rules under ss. 120.536(1) and 120.54 to administer the provisions of law HB 1097 2014 conferring duties upon it. (d)(12) Orders of the commission relating to reemployment assistance under this chapter are subject to review only by notice of appeal to the district courts of appeal in the manne rprovided in s. 443.151(4)(e). Section 2. This act shall take effect July 1, 2014.