reglab/statecodes huggingface dataset:
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-1 - WORKFORCE SERVICES; WORKFORCE PROGRAMS' GRIEVANCE, COMPLAINT, HEARING AND APPEAL PROCEDURES › Section 73B-1.017 - Contact Entities for Discrimination, Employment, Health and Safety, or Florida Law Violations and Complaints

Current through Reg. 50, No. 138; July 16, 2024
Florida Commission on Human Relations
Florida Law Violations
2009 Apalachee Pkwy.
Oakland Bldg., Suite 100
Tallahassee, Florida 32301-4857
(850)488-7082, (800)342-8170 (toll free), or
TTY (800)935-1339
U. S. Department of Labor
Civil Rights Center
Discrimination Complaints
200 Constitution Avenue, N.W.
Room N-4123
Washington, D.C. 20210
(202)693-6502 or TTY (202)693-6516
U.S. Equal Employment Opportunity Commission
							 (EEOC)
Employment Complaints
Miami District Office
One Biscayne Tower, Suite 2700
2 South Biscayne Boulevard
Miami, Florida 33131
(800)669-4000 or TTY
USDOL Occupational Safety and Health
							 Administration
Safety and Health Violations
200 Constitution Avenue, N.W.
Washington, D.C. 20210
(800)321-6742 or TTY (877)889-5627
EEOC
Tampa Area Office
501 East Polk Street, Suite 1000
Tampa, Florida 33602
(800)669-4000 or TTY (800)669-6820
USDOL Office of Inspector General
Office of Investigations
200 Constitution Avenue, N.W.
Room S5514
Washington, D.C. 20210
(202)693-5100
Rulemaking Authority
					 20.60,
					 120.54(6),
					 445.004 FS. Law Implemented
					 120.54(6),
					 445.023,
					 445.025,
					 445.028,
					 445.029,
					 445.030,
					 445.031,
					 445.032
					 FS.
New 4-3-02, Formerly
					 60BB-1.017.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-1 - WORKFORCE SERVICES; WORKFORCE PROGRAMS' GRIEVANCE, COMPLAINT, HEARING AND APPEAL PROCEDURES › Section 73B-1.018 - Other Legal Rights

Current through Reg. 50, No. 138; July 16, 2024
Nothing included in this rule precludes a grievant or
				  complainant from pursuing a remedy authorized under another federal, state, or
				  local law.
Rulemaking Authority 20.60,
					 120.54(6),
					 445.004 Law Implemented 120.54(6),
					 445.023,
					 445.025,
					 445.028,
					 445.029,
					 445.030,
					 445.031,
					 445.032
					 FS.
New 4-3-02, Formerly
					 60BB-1.018.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-4 - READY TO WORK PROGRAM › Section 73B-4.001 - Unique Abilities Partnership Program

Current through Reg. 50, No. 138; July 16, 2024
(1) A business may apply to the Department
				for designation as a Florida Unique Abilities Partner by submitting a completed
				Florida Unique Abilities Partner Program Application Form, UAP-1,
http://www.flrules.org/Gateway/reference.asp?No=Ref-07593
,
				effective date: December 2016, which is hereby adopted and incorporated by
				reference.
(2) An individual may
				nominate a business for designation as a Florida Unique Abilities Partner by
				submitting a completed Florida Unique Abilities Partner Program Nomination
				Form, UAP-2,
http://www.flrules.org/Gateway/reference.asp?No=Ref-07592
,
				effective date: December 2016, which is hereby adopted and incorporated by
				reference.
(3) The Florida Unique
				Abilities Partner Program Application and Nomination Forms are available at
www.FloridaJobs.org/uniqueabilities
,
				and may be submitted online at
www.FloridaJobs.org/uniqueabilities
,
				by electronic mail to: UniqueAbilitiesPartners@deo.myflorida.com, or by U.S.
				mail to: Unique Abilities Partner Program, Department of Economic Opportunity,
				107 East Madison Street, MSC G-229, Tallahassee, FL 32399.
Rulemaking Authority
					 413.801(10) FS.
					 Law Implemented 413.801
					 FS.
New 12-11-16.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-6 - EVERGLADES RESTORATION AGRICULTURAL COMMUNITY EMPLOYMENT TRAINING PROGRAM › Section 73B-6.001 - Everglades Restoration Agricultural Community Employment Training Program

Current through Reg. 50, No. 138; July 16, 2024
(1) Definitions. For purposes of this rule,
				the following definitions apply.
(a)
				"Applicant" means an individual that is seeking a tuition grant under the
				Program.
(b) "Application" means
				the Everglades Restoration Agricultural Community Employment and Training
				Program Tuition Grant Application or the Everglades Restoration Agricultural
				Community Employment and Training Program Employer-Based Training Grant
				Application and supporting documentation.
(c) "Department" means the Florida Department
				of Economic Opportunity.
(d)
				"Employer-Based Training Program" means a program that a Florida business is
				seeking to establish, or has already established, that provides training for
				in-demand, nonagricultural occupations for employees of the Florida
				business.
(e) "Employer-Based
				Training Program Grant" means funding for an Employer-Based Training
				Program.
(f) "In-demand
				Nonagricultural Occupation" means any occupation that does not fall within one
				of the following Standard Occupational Classification codes: 119013; 131074;
				191032; 451011; 452011; 452021; 452041; 452091; 452092; 452093; 452099; 454011;
				454021, or 454022.
(g) "Program"
				means the Everglades Restoration Agricultural Community Employment Training
				Program as codified in section
				446.71, Florida
				Statutes.
(h) "Requester of Funds"
				means a public or private technical or vocational training institution seeking
				a tuition grant on behalf of an eligible applicant or an employer seeking to
				establish, or which has already established, an employer-based training
				program.
(i) "Training Program"
				means a certificate or other program of study provided by a public or private
				university, college, or technical or vocational training institution that
				provides training for in-demand, nonagricultural occupations.
(j) "Training Provider" means a university,
				college, public or private technical or vocational training institution, a
				private training company or private instructor, or a company employee that is
				qualified to provide instruction that leads to a diploma or industry-recognized
				certificate.
(k) "Tuition Grant"
				means funding for an individual to participate in a Training
				Program.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-7 - WORK FORCE PLANS › Section 73B-7.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
For the purpose of this rule, the following definitions
				  apply:
(1) "CFR" means the Code of
				Federal Regulations.
(2) "Chief
				Local Elected Official" means chief elected official as defined in WIOA section
				3(9).
(3) "Department" means the
				Florida Department of Economic Opportunity.
(4) "Local Area" means a designated local
				workforce development area as defined in WIOA section 3(32).
(5) "Local Board" means a local workforce
				development board as defined in WIOA section 3(33).
(6) "Local Workforce Plan" means a local plan
				as defined in WIOA section 3(35).
(7) "State Board" means the state workforce
				development board as defined Section
				 445.002(4),
				F.S.
(8) "State Plan" used without
				further description, means the unified state plan as defined in WIOA section
				3(58).
(9) "Workforce Innovation
				and Opportunity Act (WIOA)" means the federal legislation that contains the
				framework for the national employment and training strategy,
				Public Law
				113-128, codified at
				Title 29 United States Code,
				§§
										3101
et
				seq.
Rulemaking Authority
					 445.003(7) FS.
					 Law Implemented 445.003(7)(a)
					 FS.
New 11-30-22.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-7 - WORK FORCE PLANS › Section 73B-7.002 - Plan Development

Current through Reg. 50, No. 138; July 16, 2024
(1) Each Local
				Board must, in partnership with the appropriate Chief Local Elected
				Official(s), develop and submit a comprehensive four-year Local Workforce Plan
				to the Department in accordance with WIOA section 108 and
				20 CFR
				679.550.
(2) At the end of the first two-year period
				of the four-year Local Workforce Plan, each Local Board, in partnership with
				the appropriate Chief Local Elected Official(s), must review the Local
				Workforce Plan, and prepare and submit modifications to the Local Workforce
				Plan to reflect the changes outlined in
				20 CFR
				679.580(b).
(3) The Local Board must adhere to the
				requirements set forth in 20
				CFR 679.550(b) regarding the
				Local Board's requirement to provide an opportunity for public comment on the
				development of the Local Workforce Plan, or subsequent modification, before
				submitting the Local Workforce Plan to the Department.
Rulemaking Authority
					 445.003(7) FS.
					 Law Implemented 445.003(7)(a)
					 FS.
New 11-30-22.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-7 - WORK FORCE PLANS › Section 73B-7.003 - Plan Content Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) The Local
				Workforce Plan must identify and describe the strategies, policies, procedures,
				operations, and local activities that are carried out in the Local Area,
				consistent with the State Plan.
(2)
				The contents of the Local Workforce Plan must align with the federal
				requirements prescribed by 20 CFR 679.560 and any additional
				information required by the State Plan, State Board, or the
				Department.
(3) The federal
				requirements for the contents of the Local Workforce Plan, and any additional
				information required by the State Plan, State Board, or the Department, will be
				outlined in local plan-related administrative policies and/or instructions
				issued by the Department to the Local Boards.
Rulemaking Authority
					 445.003(7) FS.
					 Law Implemented 445.003(7)(a)
					 FS.
New 11-30-22.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-7 - WORK FORCE PLANS › Section 73B-7.004 - Plan Submission

Current through Reg. 50, No. 138; July 16, 2024
The Local Board will submit the Local Workforce Plan to the
				  Department in accordance with local plan-related administrative policies and/or
				  instructions issued by the Department. The administrative policies and/or
				  instructions will include the key dates and deadlines the Local Boards must
				  follow when submitting Local Workforce Plans to the
				  Department.
Rulemaking Authority
					 445.003(7) FS.
					 Law Implemented 445.003(7)(a)
					 FS.
New 11-30-22.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-7 - WORK FORCE PLANS › Section 73B-7.005 - Plan Review and Approval

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				Department will review the completed Local Workforce Plan, including plan
				modifications. The Local Workforce Plan will be reviewed for completeness and
				adherence to local plan development, content, and submission
				requirements.
(2) The Department
				will notify the Local Board in writing of any Local Workforce Plan deficiencies
				via email to the contact(s) identified in the Local Workforce Plan. The Local
				Board will be given a deadline by which to resolve any deficiencies.
(3) The Department will recommend approval of
				the Local Workforce Plan to the State Board, unless the Department notifies the
				Local Board in writing that:
(a) There are
				deficiencies in workforce investment activities that have been identified
				through audits, and the Local Area has not made acceptable progress in
				implementing plans to address the deficiencies;
(b) The Local Workforce Plan does not comply
				with applicable provisions of WIOA and the WIOA regulations, including the
				required consultations and public comment provisions, and the nondiscrimination
				requirements of  20 CFR Part 38  ; or
(c) The Local Workforce Plan does not align
				with the State Plan, including with regard to the alignment of the core
				programs to support the strategy identified in the State Plan in accordance
				with WIOA section 102(b)(1)(E) and
				20 CFR
				676.105.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-10 - UNEMPLOYMENT CLAIMS AND BENEFITS; FLORIDA UNEMPLOYMENT COMPENSATION TAX › Section 73B-10.022 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
For the purpose of administering chapter 443, F.S., the
				  following definitions apply:
(1)
				Address of record: The mailing address of a claimant, employing unit, or
				authorized representative, provided in writing to the Department of Economic
				Opportunity, and to which Department shall mail correspondence.
(2) Department: Department of Economic
				Opportunity.
(3) Cash Value of
				Board, Lodging, or Other Payment in Kind: When, pursuant to section
				 443.1217, F.S., board, lodging
				or other payments in kind are determined to be wages:
(a) The value of a place of residence is the
				greater of:
1. The amount agreed upon in the
				contract of hire; or
2. The fair
				market rental value of the property.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-10 - UNEMPLOYMENT CLAIMS AND BENEFITS; FLORIDA UNEMPLOYMENT COMPENSATION TAX › Section 73B-10.023 - General Reporting Information

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Filing date. The postmark date will be the filing date of any report, protest,
				appeal or other document mailed to the DEO or DOR. The term "postmark date"
				includes the postmark date affixed by the United States Postal Service or the
				date on which the document was delivered to an express service or delivery
				service for delivery to DEO or DOR. The date of receipt will be the filing date
				of any report, protest, appeal, or other document faxed to DEO or DOR. It is
				the responsibility of each employing unit to maintain a current address of
				record with DOR. It is the responsibility of each claimant to maintain a
				current address of record with DEO throughout the benefit year or extended
				benefit period.
(2) Filing method.
				Reports must be filed in the manner prescribed on the reporting form, including
				the worker's social security number when required. Reports filed by electronic
				means must be in compliance with Chapter 12-24, F.A.C., incorporated by
				reference.
(3) Reporting Wages
				Paid. Wages are considered paid when:
(a)
				Actually received by the worker; or
(b) Made available to be drawn upon by the
				worker; or
(c) Brought within the
				worker's control and disposition, even if not possessed by the
				worker.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-10 - UNEMPLOYMENT CLAIMS AND BENEFITS; FLORIDA UNEMPLOYMENT COMPENSATION TAX › Section 73B-10.024 - Employer Registration Reports and Determinations of Liability

Current through Reg. 50, No. 138; July 16, 2024
(1) Employer Registration Report.
(a) Each employing unit must file an employer
				registration report with DOR. Registration can be accomplished by either using
				the online registration system on DOR's website at floridarevenue.com, or by
				submitting a paper Form DR-1, Florida Business Tax Application, incorporated by
				reference in Rule  12A-1.097, F.A.C.
(b) The report must include the signature and
				title of a person legally authorized to act on behalf of the employing
				unit.
(c) The employer registration
				report must be filed by the last day of the month immediately following the end
				of the calendar quarter in which the employing unit commenced operations.
				Successor employers who wish to transfer employment records must comply with
				the requirements and time limits in Rule
				 73B-10.031,
				F.A.C.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-10 - UNEMPLOYMENT CLAIMS AND BENEFITS; FLORIDA UNEMPLOYMENT COMPENSATION TAX › Section 73B-10.025 - Reports Required of Liable Employers

Current through Reg. 50, No. 138; July 16, 2024
(1) Employer's Quarterly Reports.
(a) Each contributing and reimbursing
				employer must file quarterly reports on Form RT-6, Employer's Quarterly Report,
				incorporated by reference in Rule
				 73B-10.037, F.A.C., unless the
				employer solely employs workers who perform domestic services and has been
				approved by DOR to file reports annually pursuant to Section
				 443.131(1),
				F.S. Employers who employed 10 or more employees in any quarter during the
				preceding state fiscal year are required, pursuant to Section
				 443.163, F.S., to file the
				quarterly reports, including corrections to those reports, online on DOR's
				website at floridarevenue.com. Payrolling, as defined in Rule
				 73B-10.022, F.A.C., is not
				permitted. Employers that engage in payrolling are subject to the penalties set
				forth in Section  443.131(3)(g),
				F.S.
(b) Each quarterly report
				must:
1. Be filed with DOR by the last day of
				the month following the calendar quarter to which the report applies, except
				for reports filed by electronic means, which are to be filed as provided in
				Rule  73B-10.023, F.A.C. However, an
				employer reporting for the first time will have late penalty charges waived if
				the employer filed the required reports within 15 consecutive calendar days
				from the notification date of liability; and,
2. Be filed for each calendar quarter during
				which the employer was liable, even if no contributions are payable. If there
				was no employment during the calendar quarter to which the report applies, the
				report must be completed to so reflect; and,
3. Include wages paid at regular and
				irregular intervals during the calendar quarter; and,
4. Include commissions and bonuses and the
				cash value of all remuneration paid in any medium other than cash during the
				calendar quarter.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-10 - UNEMPLOYMENT CLAIMS AND BENEFITS; FLORIDA UNEMPLOYMENT COMPENSATION TAX › Section 73B-10.0251 - Services Performed On or In Connection with a Non-American Vessel or Aircraft

Current through Reg. 50, No. 138; July 16, 2024
(1) Applicability
				of exemption for services performed on or in connection with a non-American
				vessel or aircraft:
(a) Service performed by
				an employee during a reporting period on or in connection with a non-American
				vessel or a non-American aircraft is exempt from the definition of employment
				if such employee is employed by the employer on and in any way connected with
				the vessel or aircraft while it is outside the United States.
(b) The citizenship or residence of the
				employee and the place where the contract of service is entered into are
				immaterial for purposes of this exemption, and the citizenship or residence of
				the employer is material only in determining whether the vessel is American.
				Services performed within the United States on or in connection with a
				non-American vessel are exempted from employment if the employee is employed by
				the employer on and in connection with the vessel when it is outside the United
				States.
(c) Exempt services under
				this rule are not considered employment for reemployment tax purposes and shall
				not to be reported on the employer's quarterly report
				(RT-6).
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-10 - UNEMPLOYMENT CLAIMS AND BENEFITS; FLORIDA UNEMPLOYMENT COMPENSATION TAX › Section 73B-10.026 - Determinations to Liable Employers

Current through Reg. 50, No. 138; July 16, 2024
(1) Notice
				of Benefits Paid and Charged, Invoiced, or Credited. A statement mailed to the
				employer within 30 days after the end of each calendar quarter will include the
				name and partial social security number of each claimant for whom benefits were
				charged, invoiced, or credited to the employer's account during the previous
				calendar quarter. Notification to contributing employers is provided on Form
				RT-1, Notice of Benefits Paid. Notification to reimbursing employers is
				provided on Form RT-29, Reemployment Tax Reimbursement Invoice.
(a) Requests for Redetermination. The
				information contained on the notification is conclusive and binding unless the
				employer files a written request for redetermination with DEO within 20 days of
				the mailing date of the notification. Such request will not serve to protest
				determinations, redeterminations, decisions, or orders issued pursuant to
				Section  443.151, F.S.
(b) Adjustment of Charges.
1. Contributing Employer. When DEO determines
				benefits charged to an employment record were paid in error or fraudulently
				obtained, the employment record will be adjusted to remove the erroneous
				charges. The credit will be applied to the calendar quarter during which the
				adjustment is made. However, when the employer timely protests the tax rate to
				DEO or DOR, or timely applies for a tax rate adjustment after determining the
				tax rate was adversely affected by the charge pursuant to Section
				 443.131(3)(i),
				F.S., the credit will be applied to the calendar year in which the benefit
				payments were charged.
2.
				Reimbursing Employer. When DEO determines benefits billed to a reimbursing
				employer were paid in error or fraudulently obtained, the amount recouped or
				recovered from the claimant by DEO will on a pro rata basis be credited to the
				reimbursing employer or refunded if the employer has no balance
				due.
(c) Appeals
				Regarding Charges to an Employer Account.
1.
				Any appeal from a determination or redetermination with respect to the payment
				of benefits which involves the issue of whether an employer's account will be
				charged as provided in Section
				 443.131(3)(a),
				F.S., and Rule 73B-10.018, F.A.C., will be heard and decided by an appeals
				referee, in accordance with the provisions of Chapter 73B-20, F.A.C.
2. When an appeal from a determination or
				redetermination is filed pursuant to Section
				 443.151(4)(b),
				F.S., involving the application of Section
				 443.101, F.S., the appeals
				referee will, in the same proceeding, hear and decide any collateral issue with
				respect to whether benefit payments made pursuant to the decision will be
				charged to the employer's account.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-10 - UNEMPLOYMENT CLAIMS AND BENEFITS; FLORIDA UNEMPLOYMENT COMPENSATION TAX › Section 73B-10.027 - Payment of Contributions

Current through Reg. 50, No. 138; July 16, 2024
(1) Remittance
				with Quarterly Reports. Payment is to be submitted concurrently with quarterly
				reports except for payment by electronic means which is to be submitted as
				provided in paragraph (2)(a), of this rule. Contributions are payable for each
				calendar quarter with respect to wages paid during such calendar quarter,
				except as otherwise provided in this rule and sections 443.1312-.1313,
				F.S.
(2) Due and Payable Dates.
(a) Except for payments remitted by
				electronic means, contributions for the quarter ending March 31 are due April
				30 and become delinquent on May 1; contributions for the quarter ending June 30
				are due July 31 and become delinquent on August 1; contributions for the
				quarter ending September 30 are due October 31 and become delinquent November
				1; contributions for the quarter ending December 31 are due January 31 and
				become delinquent February 1. Payments remitted by electronic funds transfer
				(EFT), Internet, or other electronic means must be in compliance with the rule
				provisions in chapter 12-24, F.A.C., incorporated herein by reference,
				regarding payment by electronic means.
(b) The first contribution payment of an
				employing unit which becomes an employer must include contributions for the
				entire period of liability. Payment is due by the last day of the month
				following the calendar quarter in which the employing unit:
1. Met the liability provisions of the law;
				or
2. Elected, with written
				approval by DOR, to become an
				employer.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-10 - UNEMPLOYMENT CLAIMS AND BENEFITS; FLORIDA UNEMPLOYMENT COMPENSATION TAX › Section 73B-10.028 - Delinquent Accounts

Current through Reg. 50, No. 138; July 16, 2024
(1) Application of
				Partial Payments. When a delinquency exists in the account of an employer not
				in bankruptcy and payment in an amount less than the total delinquency is
				remitted, DOR will apply the payment to the delinquency in such manner as the
				payer directs. In the absence of specific written directions from the employer,
				DOR will apply a partial payment to billed quarters of delinquency first to
				satisfy contributions, next interest, next penalty, next service fee, and then
				filing fee, in each quarter in full before application of the remainder of such
				payment to the next earlier quarter of delinquency. Once payment is applied
				pursuant to these rules, the application of payment will not be changed unless
				DOR made an application error.
(2)
				Billing. As provided in section 443.131(3)(h)1., F.S., the term "incurred by"
				will be applicable only after the indebtedness, determined in accordance with
				section  213.24, F.S., has been billed,
				but unpaid, for at least four (4) consecutive calendar quarters.
(3) Notice of Indebtedness Affecting Tax
				Rates.
(a) Notice of indebtedness will be
				issued by DOR. The notice will be mailed at least thirty days prior to the
				effective date of rating to each employer whose tax rate may be affected. Such
				indebtedness must be paid by the last day of the calendar quarter in which
				notification was mailed.
(b) An
				employer who is not notified of indebtedness because it was in an inactive
				status, as defined in section
				 443.121(4),
				F.S., will be notified of the indebtedness when it returns to active status and
				the indebtedness must be paid within 30 days of the mailing date of the
				notification.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-10 - UNEMPLOYMENT CLAIMS AND BENEFITS; FLORIDA UNEMPLOYMENT COMPENSATION TAX › Section 73B-10.029 - Changing Methods of Financing Benefit - Nonprofit and Governmental Employers

Current through Reg. 50, No. 138; July 16, 2024
(1) A non-profit or
				public employer will be assigned the applicable initial tax when changing from
				the reimbursing method to the contributing method of reporting. Experience as a
				reimbursing employer will not be used to determine the tax rate.
(2) A non-profit or public employer changing
				from the reimbursing to the contributing method of financing benefits must
				continue reimbursing the fund for benefits that are based on wages paid as a
				reimbursing employer. The requirement to remit taxes with quarterly reports
				begins on the effective date of the election to contribute.
(3) When a non-profit or public employer
				changes from the contributing to the reimbursing method of financing benefits
				and returns to the contributing method, the employment records in the prior
				contributing period will be used in computing a benefit
				ratio.
Rulemaking Authority
					 443.1317 FS. Law Implemented
					 443.131,
					 443.1312,
					 443.1313
					 FS.
New 8-25-92, Formerly 38B-2.029, Amended 1-19-03, 7-18-06,
					 Formerly 60BB-2.029.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-10 - UNEMPLOYMENT CLAIMS AND BENEFITS; FLORIDA UNEMPLOYMENT COMPENSATION TAX › Section 73B-10.031 - Succession and Transfer of Reemployment Experience

Current through Reg. 50, No. 138; July 16, 2024
(1) Commencement Date and Records Regarding
				All Successions.
(a) A succession commences
				when all or part of a trade or business is transferred from one employer to
				another. If a transfer of workforce is involved, the succession commences when
				any of the transferred workers begin working for the successor
				employer.
(b) Each employing unit
				must keep complete, true and accurate records of any transfer or acquisition of
				a trade or business or portion thereof and make those records available to DOR
				upon request.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-10 - UNEMPLOYMENT CLAIMS AND BENEFITS; FLORIDA UNEMPLOYMENT COMPENSATION TAX › Section 73B-10.032 - Employing Unit Records

Current through Reg. 50, No. 138; July 16, 2024
(1) Retention
				of Records. Each employing unit will maintain all records pertaining to
				remuneration for services performed. Such records must be maintained for a
				period of five years following the calendar year in which the services were
				rendered and must also be made available to DEO or DOR upon request. If the
				records are maintained outside of Florida, a resident agent must be designated
				in Florida, through which the records may be obtained by DEO or DOR.
(2) Record Contents. Records must contain
				true and accurate information regarding each worker as follows:
(a) Name and social security number;
				and,
(b) Place of employment within
				the State. For the purpose of this rule, the place of employment is to be
				recorded as the county in Florida in which the work was performed. The place of
				employment of a worker who performed work in more than one county is to be
				recorded as the county in Florida which serves as the worker's base of
				operation; or, if the worker has no base of operations in Florida, the place of
				employment is to be recorded as the State of Florida at large; and,
(c) Beginning and ending dates of each pay
				period and dates on which work was performed during each pay period;
				and,
(d) Amount of remuneration
				paid to each worker for each pay period and dates of payment. If paid on an
				hourly or piece rate basis, the records must state for each day the
				remuneration earned on such basis and the date of payment. If paid on an hourly
				basis, the number of hours worked in each pay period must be recorded;
				and,
(e) Date(s) hired, re-hired,
				and returned to work after temporary separation from work, and the date(s) of
				separation; and,
(f) Special
				payments of any kind. All special payments, including bonuses, gifts, prizes,
				etc., must be recorded separately. The record must include the amount of money
				payments, reasonable cash value of other remuneration, the nature of such
				payments and, if appropriate, the period during which services were performed
				for such payments; and,
(g) The
				address of each location where payroll records are
				maintained.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-10 - UNEMPLOYMENT CLAIMS AND BENEFITS; FLORIDA UNEMPLOYMENT COMPENSATION TAX › Section 73B-10.035 - Protests of Liability, Assessment, Reimbursements, and Tax Rate - Special Deputy Hearings

Current through Reg. 50, No. 138; July 16, 2024
(1) Filing a
				Protest. Protests of determinations of liability, assessments, reimbursement
				requirements, and tax rates are filed by writing to DOR in the time and manner
				prescribed on the determination document. Upon receipt of a written protest,
				DOR will issue a redetermination if appropriate. If a redetermination is not
				issued, the letter of protest, determination, and all relevant documentation
				will be forwarded to the Office of Appeals, Special Deputy Section, in DEO for
				resolution.
(2) Each protest is to
				contain:
(a) The employer account number
				assigned to the Petitioner by DOR;
(b) The name, address, and telephone number
				of the Petitioner; the name, address, and telephone number of the Petitioner's
				representative, if any, which will be the address for service during the course
				of the proceeding; and an explanation of how the Petitioner's substantial
				interests will be affected by DOR's determination;
(c) A statement of when and how the
				Petitioner received notice of DOR's determination;
(d) A statement of all disputed issues of
				material fact. If there are none, the petition should so indicate;
(e) A concise statement of the ultimate facts
				alleged, including the specific facts the Petitioner contends warrant reversal
				or modification of the determination;
(f) A statement of the specific rules or
				statutes the Petitioner contends require reversal or modification of the
				determination; and,
(g) A statement
				of the relief sought by the Petitioner.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-11 - UNEMPLOYMENT CLAIMS AND BENEFITS; FLORIDA UNEMPLOYMENT COMPENSATION CLAIMS AND BENEFITS › Section 73B-11.012 - Maintaining an Address of Record

Current through Reg. 50, No. 138; July 16, 2024
It is the responsibility of each claimant to maintain a
				  current address of record with the Department of Economic Opportunity
				  throughout the benefit year. It is the responsibility of each employer to
				  maintain a current address of record with the Department of Revenue at all
				  times.
Rulemaking Authority
					 443.1317(1)(b)
					 FS. Law Implemented 443.151
					 FS.
New 8-14-08, Formerly
					 60BB-3.012.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-11 - UNEMPLOYMENT CLAIMS AND BENEFITS; FLORIDA UNEMPLOYMENT COMPENSATION CLAIMS AND BENEFITS › Section 73B-11.013 - Filing Claims and Providing Documentation

Current through Reg. 50, No. 138; July 16, 2024
(1) This rule provides the approved methods
				and forms for 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
. Depending on the
				type of claim being submitted, Florida's Online Reemployment Assistance System
				will require responses to questions as herein incorporated by reference
https://www.flrules.org/Gateway/reference.asp?No=Ref-05888
.
(2) 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
				Reemployment Assistance Claim may be filed by contacting the Department of
				Economic Opportunity toll-free at 1(800)204-2418.
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;
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;
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-11 - UNEMPLOYMENT CLAIMS AND BENEFITS; FLORIDA UNEMPLOYMENT COMPENSATION CLAIMS AND BENEFITS › Section 73B-11.015 - Continued Claims for Benefits

Current through Reg. 50, No. 138; July 16, 2024
(1) Method
				of Filing Continued Claims.
(a) After filing
				an initial, additional, initial interstate, or reopened claim, a 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 at
www.FloridaJobs.org
. Depending on the type of
				claim being submitted, Florida's Online Reemployment Assistance System will
				require responses to questions as incorporated by reference in rule
				 73B-11.013, F.A.C.
(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(800)204-2418.
(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-05572
;
				effective date: October 25, 2015, which is hereby adopted and incorporated by
				reference. This form can be obtained at
www.FloridaJobs.org
.
(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 to the Department
				at the Caldwell Building, 107 East Madison Street, Tallahassee, Florida
				32399.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-11 - UNEMPLOYMENT CLAIMS AND BENEFITS; FLORIDA UNEMPLOYMENT COMPENSATION CLAIMS AND BENEFITS › Section 73B-11.0151 - Employer Responses to Claims Notices and Requests for Information

Current through Reg. 50, No. 138; July 16, 2024
(1) Notice to Employers.
(a) Monetary Determinations. The Department
				will provide notice of any monetary determination to each 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-11.016, F.A.C. Unless
				exempted, employer responses must be submitted using Florida's Online
				Reemployment Assistance System at
www.FloridaJobs.org
, through which employer
				will be linked to the Unemployment Insurance State Information Data Exchange
				System (UI SIDES) as well as the Unemployment Insurance State Information Data
				Exchange System Electronic Response (SIDES E-Response). Depending on the type
				of claim being submitted, Florida's Online Reemployment Assistance System will
				require responses to questions as incorporated by reference in rule
				 73B-11.013, F.A.C.
(b) Nonmonetary Determinations. The
				Department will provide notice of any nonmonetary determination to each
				employing unit entitled to such notice pursuant to section
				 443.151(3),
				F.S., and rule  73B-11.017, F.A.C. Unless
				exempted, employer responses must be submitted using Florida's Online
				Reemployment Assistance System at
www.FloridaJobs.org
, through which employer
				will be linked to the Unemployment Insurance State Information Data Exchange
				System (UI SIDES) as well as the Unemployment Insurance State Information Data
				Exchange System Electronic Response (SIDES E-Response).
(c) Requests for Information. When additional
				information is necessary from the employer regarding wage history, separation
				information, or employment history, the Department will notify the employer of
				this need. Unless exempted, employer responses must be submitted using
				Florida's Online Reemployment Assistance System at
www.FloridaJobs.org
, through which
				employer will be linked to the Unemployment Insurance State Information Data
				Exchange System (UI SIDES) as well as the Unemployment Insurance State
				Information Data Exchange System Electronic Response (SIDES E-Response). If a
				timely response is not received, a determination may be based on other
				evidence, including but not limited to information provided by the
				claimant.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-11 - UNEMPLOYMENT CLAIMS AND BENEFITS; FLORIDA UNEMPLOYMENT COMPENSATION CLAIMS AND BENEFITS › Section 73B-11.0155 - Payment of Benefits

Current through Reg. 50, No. 138; July 16, 2024
(1) Benefits To Be
				Paid Electronically. The Department will pay benefits by means of a Department
				issued debit card or by electronic funds transfer (EFT). Except as provided by
				subsection (2), benefits will be paid only by debit card or EFT.
(2) The Department will not pay benefits by
				paper warrant except when:
(a) Circumstances
				exist which make payment by debit card or EFT impractical or illegal;
				or
(b) The claimant received
				payment by paper warrant for the week ending July 2, 2011, in which case, he or
				she may continue to receive payment in that manner until the expiration of the
				claim.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-11 - UNEMPLOYMENT CLAIMS AND BENEFITS; FLORIDA UNEMPLOYMENT COMPENSATION CLAIMS AND BENEFITS › Section 73B-11.016 - Monetary Determinations

Current through Reg. 50, No. 138; July 16, 2024
(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.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-11 - UNEMPLOYMENT CLAIMS AND BENEFITS; FLORIDA UNEMPLOYMENT COMPENSATION CLAIMS AND BENEFITS › Section 73B-11.017 - Nonmonetary Determinations

Current through Reg. 50, No. 138; July 16, 2024
(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.
				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.
(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.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-11 - UNEMPLOYMENT CLAIMS AND BENEFITS; FLORIDA UNEMPLOYMENT COMPENSATION CLAIMS AND BENEFITS › Section 73B-11.018 - Determinations Regarding Charges to Employer Accounts in Connection with Claims for Benefits

Current through Reg. 50, No. 138; July 16, 2024
(1) Employer
				Responsibilities. Except as otherwise specified in sections
				 443.131(3)(a) 
				and  443.101(9)(b),
				F.S., the Department will not relieve an employer's account of charges for
				benefit payments unless the employer provides:
(a) A telephone response to a request for
				information when the Department initiated the telephone request as part of an
				investigation pursuant to subsection
				 73B-11.017(1),
				F.A.C.;
(b) A written response to a
				determination or claim notification; or
(c) Written notification of a refusal to
				accept an offer of suitable work with that employer.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-11 - UNEMPLOYMENT CLAIMS AND BENEFITS; FLORIDA UNEMPLOYMENT COMPENSATION CLAIMS AND BENEFITS › Section 73B-11.019 - Determinations Regarding Suitable Work

Current through Reg. 50, No. 138; July 16, 2024
In addition to the standards listed in section
				   443.101(2),
				  F.S., the following criteria will apply. Generally, work will not be considered
				  suitable during the first 60 days a claimant is unemployed if the work:
(1) Pays less than 90% of the claimant's
				average weekly wage during the base period; or
(2) Would require a material change in
				occupation for the claimant.
Rulemaking Authority 443.131(3)(a)3.,
					 443.1317(1)(b)
					 FS. Law Implemented 443.091(1),
					 443.101(2)
					 FS.
New 8-25-92, Formerly 38B-3.019, Amended 8-14-08, Formerly
					 60BB-3.019.
Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-11 - UNEMPLOYMENT CLAIMS AND BENEFITS; FLORIDA UNEMPLOYMENT COMPENSATION CLAIMS AND BENEFITS › Section 73B-11.0191 - Determinations Regarding Suitable Work Requiring Compliance with a COVID-19 Vaccination Mandate

Current through Reg. 50, No. 138; July 16, 2024
In addition to the standards listed in Section
				   443.101(2),
				  F.S., the following criteria will apply. Work will not be considered suitable
				  if the work is for:
(1) An educational
				institution, as that term is defined in Section
				 112.0441(1)(b),
				F.S., or a governmental entity, as that term is defined in Section
				 112.0441(1)(c),
				F.S., and the educational institution or governmental entity imposes a COVID-19
				vaccination mandate as a condition of employment; or
(2) A private employer that imposes a
				COVID-19 vaccination mandate as a condition of employment, and the private
				employer does not offer the exemptions listed in section
				 381.00317(1),
				F.S.
Rulemaking Authority
					 112.0441(4),
					 381.00317(6)
					 FS. Law Implemented 112.0441(3),
					 381.00317(5)
					 FS.
New 5-18-22.