Chapter 443 — Chapter 443
36 sections in this chapter.
Fla. Stat. § 443.011 Short title
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This chapter may be cited as the “Reemployment Assistance Program Law.”
Fla. Stat. § 443.012 Reemployment Assistance Appeals Commission
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(1) There is created within the Division of Workforce Services of the Department of Commerce a Reemployment Assistance Appeals Commission. The commission is composed of a chair and two other members appointed by the Governor, subject to confirmation by the Senate. Only one appoin…
Fla. Stat. § 443.031 Rule of liberal construction
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This chapter shall be liberally construed to accomplish its purpose to promote employment security by increasing opportunities for reemployment and to provide, through the accumulation of reserves, for the payment of compensation to individuals with respect to their unemployment.…
Fla. Stat. § 443.0315 Effect of finding, judgment, conclusion, or order in separate or subsequent action or proceeding; use as evidence
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Any finding of fact or law, judgment, conclusion, or final order made by a hearing officer, the commission, or any person with the authority to make findings of fact or law in any proceeding under this chapter is not conclusive or binding in any separate or subsequent action or p…
Fla. Stat. § 443.036 Definitions
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As used in this chapter, the term:(1) “Able to work” means physically and mentally capable of performing the duties of the occupation in which work is being sought.(2) “Agricultural labor” means any remunerated service performed:(a) On a farm, in the employ of any person, in conn…
Fla. Stat. § 443.041 Waiver of rights; fees; privileged communications
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(1) WAIVER OF RIGHTS VOID.—Any agreement by an individual to waive, release, or commute her or his rights to benefits or any other rights under this chapter is void. Any agreement by an individual in the employ of any person or concern to pay all or any portion of any employer’s …
Fla. Stat. § 443.051 Benefits not alienable; exception, child support intercept
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(1) DEFINITIONS.—As used in this section:(a) “Reemployment assistance” or “unemployment compensation” means any compensation payable under state law, including amounts payable pursuant to an agreement under any federal law providing for compensation, assistance, or allowances for…
Fla. Stat. § 443.061 Vested rights not created
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A right granted under this chapter is subject to amendment or repeal and does not create a vested right in any person.
Fla. Stat. § 443.071 Penalties
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(1) Any person who makes a false statement or representation, knowing it to be false, or knowingly fails to disclose a material fact to obtain or increase any benefits or other payment under this chapter or under an employment security law of any other state, of the Federal Gover…
Fla. Stat. § 443.091 Benefit eligibility conditions
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(1) An unemployed individual is eligible to receive benefits for any week only if the Department of Commerce finds that:(a) She or he has made a claim for benefits for that week in accordance with the rules adopted by the department.(b) She or he has completed the department’s on…
Fla. Stat. § 443.101 Disqualification for benefits
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An individual shall be disqualified for benefits:(1)(a) For the week in which he or she has voluntarily left work without good cause attributable to his or her employing unit or for the week in which he or she has been discharged by the employing unit for misconduct connected wit…
Fla. Stat. § 443.111 Payment of benefits
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(1) MANNER OF PAYMENT.—Benefits are payable from the fund in accordance with rules adopted by the Department of Commerce, subject to the following requirements:(a) Benefits are payable electronically, except that an individual being paid by paper warrant on July 1, 2011, may cont…
Fla. Stat. § 443.1113 Reemployment Assistance Claims and Benefits Information System
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(1) The Department of Commerce shall implement an integrated, modular system hosted in a cloud computing service, as defined in s. 282.0041, that provides for rapid provisioning of additional data processing when necessary. The system must support the efficient distribution of be…
Fla. Stat. § 443.1115 Extended benefits
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(1) DEFINITIONS.—As used in this section, the term:(a) “Extended benefit period” means a period that:1. Begins with the third week after a week for which there is a state “on” indicator; and2. Ends with either of the following weeks, whichever occurs later:a. The third week after…
Fla. Stat. § 443.1116 Short-time compensation
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(1) DEFINITIONS.—As used in this section, the term:(a) “Affected unit” means a specified plant, department, shift, or other definable unit of two or more employees designated by the employer to participate in a short-time compensation plan.(b) “Employer-sponsored training” means …
Fla. Stat. § 443.1118 Employer-assisted claims
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(1) DEFINITIONS.—For purposes of this section:(a) “Department” means the Department of Commerce.(b) “Employer-assisted claim” means an initial claim filed by an employer on behalf of its employees who are a part of a mass separation from the employer.(c) “Mass separation” means a…
Fla. Stat. § 443.121 Employing units affected
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(1) PERIODS OF LIABILITY.—(a) Any employing unit that is or becomes an employer subject to this chapter as described in s. 443.1215(1)(a), (1)(b), (1)(c), (1)(d), or (2) within any calendar year is subject to this chapter during the entire calendar year.(b) Any employing unit tha…
Fla. Stat. § 443.1215 Employers
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(1) Each of the following employing units is an employer subject to this chapter:(a) An employing unit that:1. In a calendar quarter during the current or preceding calendar year paid wages of at least $1,500 for service in employment; or2. For any portion of a day in each of 20 …
Fla. Stat. § 443.1216 Employment
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Employment, as defined in s. 443.036, is subject to this chapter under the following conditions:(1)(a) The employment subject to this chapter includes a service performed, including a service performed in interstate commerce, by:1. An officer of a corporation.2. An individual who…
Fla. Stat. § 443.1217 Wages
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(1) The wages subject to this chapter include all remuneration for employment, including commissions, bonuses, back pay awards, and the cash value of all remuneration paid in any medium other than cash. The reasonable cash value of remuneration in any medium other than cash must …
Fla. Stat. § 443.131 Contributions
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(1) PAYMENT OF CONTRIBUTIONS.—Contributions accrue and are payable by each employer for each calendar quarter he or she is subject to this chapter for wages paid during each calendar quarter for employment. Contributions are due and payable by each employer to the tax collection …
Fla. Stat. § 443.1312 Reimbursements; nonprofit organizations
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Benefits paid to employees of nonprofit organizations shall be financed in accordance with this section.(1) DEFINITION.—As used in this section, the term “nonprofit organization” means an organization or group of organizations exempt from the federal income tax under s. 501(c)(3)…
Fla. Stat. § 443.1313 Public employers; reimbursements; election to pay contributions
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Benefits paid to employees of a public employer, as defined in s. 443.036, based on service described in s. 443.1216(2) shall be financed in accordance with this section.(1) PAYMENT OF REIMBURSEMENTS.—(a) Unless an election is made under subsection (2), each public employer shall…
Fla. Stat. § 443.1315 Treatment of Indian tribes
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(1) As used in this section, the term:(a) “Employer” means any Indian tribe for which service in employment as defined by this chapter is performed.(b) “Employment” means service performed in the employ of an Indian tribe, as defined by s. 3306(u) of the Federal Unemployment Tax …
Fla. Stat. § 443.1316 Reemployment assistance tax collection services; interagency agreement
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(1) The Department of Commerce shall contract with the Department of Revenue, through an interagency agreement, to perform the duties of the tax collection service provider and provide other reemployment assistance tax collection services under this chapter. Under the interagency…
Fla. Stat. § 443.1317 Rulemaking authority; enforcement of rules
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(1) DEPARTMENT OF COMMERCE.—(a) Except as otherwise provided in s. 443.012, the Department of Commerce has ultimate authority over the administration of the Reemployment Assistance Program.(b) The department may adopt rules under ss. 120.536(1) and 120.54 to administer the provis…
Fla. Stat. § 443.141 Collection of contributions and reimbursements
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(1) PAST DUE CONTRIBUTIONS AND REIMBURSEMENTS; DELINQUENT, ERRONEOUS, INCOMPLETE, OR INSUFFICIENT REPORTS.—(a) Interest.—Contributions or reimbursements unpaid on the date due bear interest at the rate of 1 percent per month through December 31, 2014. Beginning January 1, 2015, t…
Fla. Stat. § 443.151 Procedure concerning claims
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(1) POSTING OF INFORMATION.—(a) Each employer must post and maintain in places readily accessible to individuals in her or his employ printed statements concerning benefit rights, claims for benefits, and other matters relating to the administration of this chapter as the Departm…
Fla. Stat. § 443.163 Electronic reporting and remitting of contributions and reimbursements
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(1) An employer may file any report and remit any contributions or reimbursements required under this chapter by electronic means. The Department of Commerce or the state agency providing reemployment assistance tax collection services shall adopt rules prescribing the format and…
Fla. Stat. § 443.171 Department of Commerce and commission; powers and duties; records and reports; proceedings; state-federal cooperation
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(1) POWERS AND DUTIES.—The Department of Commerce shall administer this chapter. The department may employ persons, make expenditures, require reports, conduct investigations, and take other action necessary or suitable to administer this chapter. The department shall annually su…
Fla. Stat. § 443.1715 Disclosure of information; confidentiality
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(1) RECORDS AND REPORTS.—Information revealing an employing unit’s or individual’s identity obtained from the employing unit or any individual under the administration of this chapter, and any determination revealing that information, is confidential and exempt from s. 119.07(1) …
Fla. Stat. § 443.17161 Authorized electronic access to employer information
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(1) Notwithstanding any other provision of this chapter, the Department of Commerce shall contract with one or more consumer reporting agencies to provide users with secured electronic access to employer-provided information relating to the quarterly wages report submitted in acc…
Fla. Stat. § 443.181 Public employment service
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(1) The one-stop delivery system established under s. 445.009 is this state’s public employment service as part of the national system of public employment offices established under 29 U.S.C. s. 49. The Department of Commerce, under policy direction from the state board as define…
Fla. Stat. § 443.191 Unemployment Compensation Trust Fund; establishment and control
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(1) There is established, as a separate trust fund apart from all other public funds of this state, an Unemployment Compensation Trust Fund, which shall be administered by the Department of Commerce exclusively for the purposes of this chapter. The fund must consist of:(a) All co…
Fla. Stat. § 443.211 Employment Security Administration Trust Fund; appropriation; reimbursement
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(1) EMPLOYMENT SECURITY ADMINISTRATION TRUST FUND.—There is created in the State Treasury the “Employment Security Administration Trust Fund.” All moneys deposited into this fund remain continuously available to the Department of Commerce for expenditure in accordance with this c…
Fla. Stat. § 443.221 Reciprocal arrangements
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(1)(a) The Department of Commerce or its tax collection service provider may enter into reciprocal arrangements with other states or with the Federal Government, or both, for considering services performed by an individual for a single employing unit for which services are perfor…