(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 continue to be paid in that manner until the expiration of the claim. The department may develop a system for the payment of benefits by electronic funds transfer, including, but not limited to, debit cards, electronic payment cards, or any other means of electronic payment that the department deems to be commercially viable or cost-effective. Commodities or services related to the development of such a system shall be procured by competitive solicitation, unless they are purchased from a state term contract pursuant to s. 287.056. The department shall adopt rules necessary to administer this paragraph.
(b) As required under s. 443.091(1), each claimant must report at least biweekly to receive reemployment assistance benefits and to attest to the fact that she or he is able and available for work, has not refused suitable work, is seeking work and has met the requirements of s. 443.091(1)(d), and, if she or he has worked, to report earnings from that work. Each claimant must continue to report regardless of any appeal or pending appeal relating to her or his eligibility or disqualification for benefits.
(2) QUALIFYING REQUIREMENTS.—To establish a benefit year for reemployment assistance benefits, an individual must have:
(a) Wage credits in two or more calendar quarters of the individual’s base period.
(b) Minimum total base period wage credits equal to the high quarter wages multiplied by 1.5, but at least $3,400 in the base period.
(3) WEEKLY BENEFIT AMOUNT.—An individual’s “weekly benefit amount” is an amount equal to one twenty-sixth of the total wages for insured work paid during that quarter of the base period in which the total wages paid were the highest, but not less than $32 or more than $275. The weekly benefit amount, if not a multiple of $1, is rounded downward to the nearest full dollar amount. The maximum weekly benefit amount in effect at the time the claimant establishes an individual weekly benefit amount is the maximum benefit amount applicable throughout the claimant’s benefit year.
(4) WEEKLY BENEFIT FOR UNEMPLOYMENT.—
(a) Total.—Each eligible individual who is totally unemployed in any week is paid for the week a benefit equal to her or his weekly benefit amount.
(b) Partial.—Each eligible individual who is partially unemployed in any week is paid for the week a benefit equal to her or his weekly benefit less that part of the earned income, if any, payable to her or him for the week which is in excess of 8 times the federal hourly minimum wage. These benefits, if not a multiple of $1, are rounded downward to the nearest full dollar amount.
(5) DURATION OF BENEFITS.—
(a) As used in this section, the term “Florida average unemployment rate” means the average of the 3 months for the most recent third calendar year quarter of the seasonally adjusted statewide unemployment rates as published by the Department of Commerce.
(b) Each otherwise eligible individual is entitled during any benefit year to a total amount of benefits equal to 25 percent of the total wages in his or her base period, not to exceed $6,325 or the product arrived at by multiplying the weekly benefit amount with the number of weeks determined in paragraph (c), whichever is less. However, the total amount of benefits, if not a multiple of $1, is rounded downward to the nearest full dollar amount. These benefits are payable at a weekly rate no greater than the weekly benefit amount.
(c) For claims submitted during a calendar year, the duration of benefits is limited to:
1. Twelve weeks if this state’s average unemployment rate is at or below 5 percent.
2. An additional week in addition to the 12 weeks for each 0.5 percent increment in this state’s average unemployment rate above 5 percent.
3. Up to a maximum of 23 weeks if this state’s average unemployment rate equals or exceeds 10.5 percent.
(d) For the purposes of this subsection, wages are counted as “wages for insured work” for benefit purposes with respect to any benefit year only if the benefit year begins after the date the employing unit by whom the wages were paid has satisfied the conditions of this chapter for becoming an employer.
(e) If the remuneration of an individual is not based upon a fixed period or duration of time or if the individual’s wages are paid at irregular intervals or in a manner that does not extend regularly over the period of employment, the wages for any week or for any calendar quarter for the purpose of computing an individual’s right to employment benefits only are determined in the manner prescribed by rule. These rules, to the extent practicable, must secure results reasonably similar to those that would prevail if the individual were paid her or his wages at regular intervals.
Supreme Court of Florida | Filed: Nov 23, 2005 | Docket: 1187243
Cited 5 times | Published
...Commission's dissatisfaction with the Third District rulings in Savage and Dines, to expressly provide for continued filings by claimants while their appeals are pending. Ch.2003-36, § 23, at 282, Laws of Fla.; see also id. § 25, at 292 (amending § 443.111(1)(b), Fla....
...Without an estoppel argument by the appellant or the concession of "no prejudice" by the appellee, the majority's abrogation of these unambiguous statutory requirements during the pendency of an appeal is improper. The primary statutory provisions at issue are sections 443.091 and 443.111, Florida Statutes (2000)....
...r work at, and thereafter continued to report at the Unemployment Appeals Commission; and (c) is able to work and available to work. If a claimant satisfies these benefit eligibility conditions, payment of benefits is made in the manner set forth in section 443.111....
...ons. Every UC claimant must (1) report at least biweekly; and (2) "attest to the fact that she or he is able and available for work, has not refused suitable work, and is seeking work and, if she or he has worked, to report earnings from such work." § 443.111(1)(b)....
District Court of Appeal of Florida | Filed: Jan 18, 1994 | Docket: 1353083
Cited 5 times | Published
...Appellant, clearly entitled to benefits because of the termination of her full-time employment, accepted a part-time job to try to make ends meet. Assuming that the earnings from that part-time employment met the threshold, their receipt would reduce the amount of benefits to which appellant would otherwise be entitled. § 443.111(3), Fla....
District Court of Appeal of Florida | Filed: Jul 29, 1994 | Docket: 1371167
Cited 4 times | Published
...benefits. The appellant subsequently took a part time job with Bern's. Although not disclosed in the record, it appears that the earnings from the part time job reduced the amount of full time benefits to which the appellant was otherwise entitled. § 443.111(3), Fla....
District Court of Appeal of Florida | Filed: Nov 13, 2003 | Docket: 1762671
Cited 2 times | Published
...He started working part-time at Sears in May 2001 and continued there until October 2001; he then worked part-time at Home Depot from October 2001 until March 2002. He began working full-time for another employer in April 2002. During his part-time employment, Mr. Doig collected a reduced benefit. See § 443.111(4)(b), Fla....
...Appellant, clearly entitled to benefits because of the termination of her full-time employment, accepted a part-time job to try to make ends meet. Assuming that the earnings from that part-time employment met the threshold, their receipt would reduce the amount of benefits to which appellant would be otherwise entitled. § 443.111(3), Fla....
District Court of Appeal of Florida | Filed: Sep 21, 2001 | Docket: 1673243
Cited 1 times | Published
...In fairness to the UAC, the problem with the Neese opinion is that it mandated a remedy not specified in the statutes. The statutory methods for calculating benefits allowed an offset for other partial employment but made no provision for an offset for other partial employment that the individual voluntarily quit. See § 443.111(3)(b), Fla....
...employment and did not provide for a "partial reduction" penalty. The disqualification imposed a severe penalty upon individuals who became unemployed voluntarily, but the Legislature provided an incentive for part-time workers to continue working. Section 443.111(4)(b), Florida Statutes, provides that "each eligible individual who is partially unemployed in any week shall be paid with respect to such week a benefit in an amount equal to her or his weekly benefit less that part of the earned in...
...policies discussed in Neese and believes that it would be beneficial if the legislature at least considered and debated an amendment to implement that decision. To accomplish that goal or to modify the proposal contained in the body of this opinion, section 443.111(1)(4)(a) could be amended to state: (4) WEEKLY BENEFIT FOR UNEMPLOYMENT....
District Court of Appeal of Florida | Filed: Mar 6, 1991 | Docket: 1242492
Cited 1 times | Published
...ould be a deterrent to part-time employment. Another reason the UCL should not be interpreted so as to discourage part-time employment is that a claimant's weekly benefit amount is reduced by his part-time income. § 443.04, Fla. Stat. (1979). [ See § 443.111(3)(b) (1989)]....
...uneration from her substitute teaching while looking for full-time work has not been attached to a "regular employer" and is thus entitled to unemployment benefits under the statute, reduced of course by any income earned in substitute teaching. See § 443.111(3)(b) (1989)....
District Court of Appeal of Florida | Filed: Feb 23, 2012 | Docket: 2413988
Published
..."Each eligible individual who is partially unemployed in any week is paid for the week a benefit equal to her or his weekly benefit less that part of the earned income, if any, payable to her or him for the week which is in excess of 8 times the federal hourly minimum wage." § 443.111(4)(b), Fla....
...A claimant "must report in the manner prescribed by the Agency for Workforce Innovation" and must "continue to report at least biweekly ... to attest to the fact that she or he is able and available for work, has not refused suitable work, is seeking work, and, if she or he has worked, to report earnings from that work." § 443.111(1)(b), Fla....
District Court of Appeal of Florida | Filed: Aug 20, 1997 | Docket: 64775459
Published
amendments became effective on July 1, 1996. See § 443.111, Fla. Stat. (Supp.1996). . The "base period”
This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.
