9090372, 60BBER10-5 - Florida Administrative Rules, Law, Code, Register

Home

Florida Department of State and Division of Library and Information Services

Notice: 9090372

Notice of Emergency Rule

Department:

DEPARTMENT OF MANAGEMENT SERVICES

Division:

Agency for Workforce Innovation

Overview

RULE:

60BBER10-5	Definitions Relating to Extended Benefits
60BBER10-6	How to Apply for Extended Benefits
60BBER10-7	Diligent Work Search Requirements

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE:

With unemployment currently at 11.5%, over a million Floridians are unemployed. Of these, many have exhausted their regular unemployment benefits. With so many unemployed Floridians deprived of any income, it is vital that the State of Florida enable them to benefit from all available unemployment compensation programs.
The Federal-State Extended Unemployment Compensation Act of 1970 (P.L. 91-373) provides partial federal funding for states to administer an Extended Benefit Program. Under this program, states with extremely high unemployment rates may pay Extended Benefits to persons who exhaust their regular unemployment compensation without becoming reemployed. Over the last year and a half, Congress has addressed the nation’s record unemployment by enacting Public Laws 111-5, 111-118, 111-144, and 111-157, which enabled more states to qualify for such funding and raised the federal funding level to 100% of benefits paid. These laws, however, only did not fund payment of Extended Benefits any weeks of unemployment ending after June 5, 2010.
Fortunately, the Unemployment Compensation Extension Act of 2010 (Public Law 111-205), extends the time period during which an individual may claim and receive Extended Benefits until December 2010. Currently, approximately 22,500 Floridians are receiving Extended Benefits. Approximately 235,000 more Floridians may become eligible for Extended Benefits before the end of November, 2010. In Executive Order 10-170, Governor Charlie Crist directed the Agency to pay Extended Benefits to all unemployed Floridians who are eligible to receive such benefits. It is essential to the welfare and economic security of these Floridians and in the best interest of the State of Florida that these benefits be paid in a timely manner.
In order to determine which individuals are eligible for benefits under the new federal law and provide compensation to them as quickly as possible, it is necessary that the processes set forth in this emergency rule, and the forms incorporated by reference, be implemented immediately, without the delay attendant with regular rulemaking procedures. The Agency is currently pursuing the regular rulemaking process for incorporating these forms and procedures into its current claims rules, found in Chapter 60BB-3, Florida Administrative Code.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES:

The rules under development by the Agency provide the most efficient means of providing unemployment benefits to those individuals that are entitled to them. In adopting these rules, the Agency has acted to ensure that all procedural remedies available to recipients of regular state unemployment compensation will be available to Extended Benefit program applicants under state law. The Agency crafted the proposed rules to comply with the new federal legislation, controlling state law, and existing federal standards.

SUMMARY:

The new rules define terms used in connection with the Extended Benefit Program, describe the application process, and notify individuals of the program’s diligent work search requirements.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

John R. Perry, Assistant General Counsel, 107 East Madison Street, MSC 110, Tallahassee, Florida 32399-4128, (850)245-7150, fax (850)921-3230, email john.perry@flaawi.com

PRINT PUBLISH DATE:

9/10/2010 Vol. 36/36

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=60BBER10-5&PDate=9/10/2010&Section=4

REFERENCE MATERIALS:

No reference(s).

Under Florida law, E-mail addresses are public records. If you do not want your E-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.