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-10.036 - Reemployment Tax for Indian Tribes

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Each liable Tribe or tribal unit that elects to make reimbursements in lieu of
				contributions must submit a completed Form RT-28T Indian Tribe Election of
				Payment Method Under the Florida Reemployment Tax Law, in accordance with
				sections  443.1312 and
				 443.1315, F.S. The Tribe or
				tribal unit must also submit a surety bond on Form RT-40, Indian Tribe
				Reemployment Tax Surety Bond. The surety bond must be issued by a bonding
				company or insurance company authorized by the Department of Insurance to do
				business in this state. If the bond is signed by an out-of-state agent it must
				be countersigned by a Florida resident agent. The surety bond must be submitted
				on Form RT-40 within 90 days of the effective date of an Indian tribe or tribal
				unit's election to make reimbursements in lieu of contributions. The bond must
				be effective as of January 1 of that calendar year. DOR will not grant final
				approval of the election application until the bond is timely received and
				approved. The bond is to be conditioned upon the Indian tribe or tribal unit's
				timely compliance with the payment provisions of section
				 443.1315, F.S. Forms RT-28T and
				RT-40 are incorporated by reference in rule
				 73B-10.037, F.A.C.
(2) The bond will be duly executed by the
				principal and the surety. The amount of the bond will be calculated by
				determining the average amount of benefits charged to the applicant per quarter
				during the previous calendar year and multiplying that average by two. If there
				is insufficient employer history to determine the average, the amount of the
				bond will be thirty percent of the number of the applicant's employees,
				multiplied by three thousand dollars. DOR may review the bond annually to
				determine if there is a need to adjust the face amount. If DOR determines that
				the bond amount needs to be increased it will advise the Indian tribe or tribal
				unit which will have 90 days from the date of notification to increase the
				amount of the bond. DOR may seek recovery from the surety on the bond at any
				time subsequent to the failure of the Indian tribe or tribal unit to pay any
				bill within 30 days of the mailing date of the bill pursuant to section
				 443.1313, F.S.
(3) The bond will be effective until it is
				canceled. The surety company must give DOR at least 90 days written notice if
				it intends to cancel the surety bond. The cancellation will not be effective
				until 90 days after DOR receives written notice of the cancellation. Any
				cancellation of the bond will not affect any liability incurred or accrued
				prior to the effective date of the cancellation. Failure of the Indian tribe or
				tribal unit to have in effect a surety bond in the amount determined necessary
				by DOR will cause the Indian tribe or tribal unit to lose the option to make
				reimbursements in lieu of contributions effective the following calendar
				year.
Rulemaking Authority
					 443.1315(7),
					 443.1317 FS. Law Implemented
					 443.1315
					 FS.
New 7-29-03, Amended 7-18-06, Formerly 60BB-2.036, Amended
					 6-2-14.