Florida Administrative Code

(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 benefi…

(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 gen…

(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 limit…

(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 informatio…

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 t…

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 …

When it is determined a discharge was for misconduct connected with work, the following weeks of disqualification apply: (1) Extreme misconduct will warrant 27 to 52 weeks of disqualification. Extreme misconduct occurs when the claimant commits a felony in connection with work. (…

(1) A claimant will not be disqualified from receiving Reemployment Assistance benefits if the claimant is discharged from a private employer for the claimant's refusal to comply with the private employer's COVID-19 vaccination mandate and the private employer did not offer and p…

To be eligible for a claimed week of unemployment, a claimant must be: (1) Authorized to work in the United States; and, (2) Able to work and available for work during the major portion of the claimant's customary work week; and, (3) Actively seeking work in a manner customary to…

Pursuant to Section 443.091(1)(c), F.S.: (1) Approved training includes training authorized by Workforce Florida, Inc., a Regional Workforce Board, or Workforce Investment Board created pursuant to the Workforce Investment Act. (2) The Department shall not approve training unless…

(1) Definitions. For purposes of this section: (a) Debt means past-due, legally enforceable reemployment assistance debt. (b) Department means the Department of Economic Opportunity, the state agency charged with administering the Florida reemployment assistance program. (c) Indi…

(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. Depending on the type of claim being submitted, Florida's Online Reemployment…

Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.036, 443.221(3) FS. History-New 8-11-10, Amended 12-19-10, Formerly 60BB-3.0251, Repealed 5-3-15.

Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.091, 443.111, 443.151(6), 443.221(3) FS. History-New 8-11-10, Amended 12-19-10, Formerly 60BB-3.0252, Repealed 5-3-15.

Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.111, 443.191, 443.221(3) FS. History-New 8-11-10, Amended 12-19-10, Formerly 60BB-3.0253, Repealed 5-3-15.

Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.091, 443.101, 443.111, 443.151, 443.221(3) FS. History-New 8-11-10, Amended 12-19-10, 11-27-11, Formerly 60BB-3.0254, Repealed 5-3-15.

Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.036, 443.1115, 443.1117 FS. History-New 11-28-10, Formerly 60BB-3.0261, Repealed 5-3-15.

Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.091, 443.1115, 443.1117 FS. History-New 11-28-10, Amended 11-27-11, Formerly 60BB-3.0262, Repealed 5-3-15.

Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.091, 443.1115, 443.1117 FS. History-New 11-28-10, Amended 11-27-11, Formerly 60BB-3.0263, Repealed 5-3-15.

(1) One Stop Career Center Services. Reemployment services provided by One Stop Career Centers include: (a) Priority Reemployment Planning (PREP) for claimants who, without such assistance, are likely to exhaust unemployment compensation benefits prior to becoming reemployed, and…

Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.171(5), 443.1715(1), (2)(b)1. FS. History-New 6-4-06, Amended 8-14-08, 11-27-11, Formerly 60BB-3.029, Repealed 10-25-15.

(1) Any request for records made pursuant to Section 443.1715, F.S., by a claimant, or an employer, employer's workers' compensation carrier, or a representative of either, shall be submitted to the Department using the Certified Authorization for Release of Records Form, Form DE…

For the purpose of this rule, the following definitions apply: (1) "Affidavit of Separation" means the Affidavit of Separation, form CJSTC-61, revised August 12, 2021, effective 6/2022, promulgated by the Commission and that is completed by a Criminal Justice Agency when a Law En…

(1) To receive and retain a one-time recruitment bonus payment, a Newly Employed Officer must: (a) Obtain Certification for employment or appointment as a Law Enforcement Officer pursuant to Section 943.1395, F.S.; (b) Gain Full-time Employment as a Law Enforcement Officer with a…

The Department will develop an annual plan for the administration of the Program and distribution of bonus payments, as described in Section 445.08(4), F.S. The Department shall follow the annual plan for fiscal year 2022-2023 as submitted to the Governor's Office of Policy and B…

(1) A one-time recruitment bonus payment of up to $5,000 may be made to a Newly Employed Officer, contingent on legislative appropriation. The initial recruitment bonus payment shall be based on the Department's estimate of Newly Employed Officers for each fiscal year and shall b…

The Department will conduct audits of payments made to Newly Employed Officers to determine whether they remain eligible. These audits shall include a review of copies of Affidavits of Separation of Newly Employed Officers to be provided at least monthly to the Department by the …

(1) A recruitment bonus payment made pursuant to the Program must be reimbursed by the Law Enforcement Officer to the Department under either of the following circumstances: (a) When the Law Enforcement Officer voluntarily separates from employment with an Employing Agency as ind…

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(a), (b), (d) FS. History-New 5-22-80, Formerly 38E-5.01, 38E-5.001, 60BB-5.001, Amended 10-4-12, Repealed 12-6-16.

These rules are adopted to establish the procedures for hearings before the Office of Appeals on appeals of determinations and redeterminations as provided by the reemployment assistance law, and are intended to maintain substantial compliance with standards and guidance for such…

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(a), (b), (d) FS. History-New 5-22-80, Formerly 38E-5.02, 38E-5.002, 60BB-5.002, Repealed 12-6-16.

(1) A written statement that is responsive to and expresses disagreement with an adverse determination or redetermination shall constitute an appeal. A written statement that does not comply with this requirement is subject to dismissal as provided in Rule 73B-20.0221, F.A.C. (2)…

(1) Appeals or requests to reopen made pursuant to subsection 73B-20.017(4) or 73B-20.022(1), F.A.C., may be filed with the Office of Appeals: (a) Online via the Florida Department of Commerce RECONNECT system at http://www.floridajobs.org/Reemployment-Assistance-Service-Center o…

The following rules apply in computing any period of time stated in days as prescribed by Section 443.151(3), F.S., or allowed by this chapter. (1) Days shall be counted beginning with the day following the date of the distribution or mailing of a determination, redetermination, …

Rulemaking Authority, 443.012(11) FS. Law Implemented 443.151(4)(b)1., (d) FS. History-New 5-22-80, Formerly 38E-5.06, Amended 8-20-86, Formerly 38E-5.006, 60BB-5.006, Repealed 1-4-17.

(1) If it appears that the appeal initiating the proceedings was not filed within the time allowed by law, the appeals referee shall notify the parties that timeliness of the appeal shall be one of the issues to be considered at the hearing, except as provided in Section 443.151(…

(1) Any person compelled to appear, or who appears voluntarily, at any proceeding before an appeals referee may, at his or her own expense, be accompanied, represented or advised by an attorney or authorized representative. (2) Any attorney or authorized representative who repres…

Rulemaking Authority 443.012(11) FS. Law Implemented 443.041(2), 443.151(4)(d) FS. History-New 5-22-80, Formerly 38E-5.09, 38E-5.009, 60BB-5.009, Repealed 1-4-17.

If there are separate appeals which involve the same factual situation, similar issues of law or identity of parties, the Office of Appeals may schedule a consolidated hearing for the purpose of taking evidence and receiving argument with respect to all of the appeals; however, t…

If it appears that the determination of the rights of parties in a proceeding governed by these rules shall involve a determination of the substantial interests of persons who are not parties, the appeals referee may, upon motion of any party of record or upon the referee's own m…

(1) At any time prior to or during the course of a hearing governed by these rules, any party may move to disqualify the appeals referee on the grounds of bias, prejudice, or that the appeals referee is an interested party. (2) A disqualification motion shall be made a part of th…

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(a), (d) FS. History-New 5-22-80, Formerly 38E-5.13, 38E-5.013, 60BB-20.013, Repealed 1-4-17.

(1) Hearings shall be by telephone conference unless an in-person hearing is agreed upon by the parties and approved by the appeals referee. If an in-person hearing is held, it shall be conducted at one of the regularly established hearing locations. (2) The Office of Appeals sha…

(1) If any party wishes to submit written or other physical evidence, that party must arrange for delivery of copies to the appeals referee and other parties at least 24 hours prior to the scheduled date and time of hearing. In addition to ordinary delivery methods, delivery to t…

(1) The appeals referee shall, upon request of a party or upon the referee's own motion, continue a hearing for good cause. (2) Requests for continuance shall state the reasons therefor and must be made either in writing prior to the hearing or orally on the record at the hearing…

(1) Except as provided in Rule 73B-20.016, F.A.C., the appeals referee may, notwithstanding failure of a party to appear, proceed with the hearing. (2) Failure of the appellant to appear at the hearing shall constitute grounds for dismissal of the appeal. (3) Any party to a heari…

Parties may obtain discovery through the means and in the manner provided in Rules 1.280 through 1.390, Florida Rules of Civil Procedure. The appeals referee may issue appropriate orders to effectuate the purposes of discovery and to prevent delay, including orders shortening the…

(1) Subpoenas requiring the attendance of witnesses or production of records, files and memoranda from any place in the state at any designated place of hearing before the appeals referee for the purpose of taking the testimony of such witnesses or inspection of documents may be …

Rulemaking Authority 443.012(11) FS. Law Implemented 443.041(2)(a), 443.151(4)(d) FS. History-New 5-22-80, Formerly 38E-5.20, 38E-5.020, 60BB-5.020, Repealed 1-4-17.

Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(a), (b), (d), 443.171(5), (6) FS. History- New 5-22-80, Formerly 38E-5.21, Amended 8-20-86, Formerly 38E-5.021, 60BB-5.021, Repealed 12-6-16.