Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 36 No. 35, September 3, 2010 issue of the Florida Administrative Weekly.

Proposed Rule 60BB-3.0254, Florida Administrative Code, and one of the forms incorporated by reference into it, were the subject of a public hearing conducted by the Agency for Workforce Innovation on October 25. 2010. At the hearing, the Agency introduced testimony indicating that, due to a clerical error, language describing Tier II Emergency Unemployment Compensation appeared on the Form AWI-UCB11 EUC (Rev. 7/10), Emergency Unemployment Compensation Monetary Determination, which deals only with Tier I Emergency Unemployment Compensation.

The language on the form referenced above read: “The Unemployment Compensation Extension Act of 2010, P.L. 111-205, enacted on July 22, 2010, extends the time period during which an individual may qualify for and receive EUC. Under this law, an individual may establish eligibility for Tier II EUC for any week up to the week ending November 27, 2010. TIER II EUC benefits equal 54% of your regular state claim or 14 weeks of benefits, whichever is less.”

The testimony and documentary evidence presented at the October 25, 2010 public hearing establish that the language on the form should have read: “The Unemployment Compensation Extension Act of 2010, P.L. 111-205, enacted on July 22, 2010, extends the eligibility dates for EUC to claims filed by November 21, 2010. TIER I EUC benefits entitles you to 80% of your regular state claim or 20 weeks of benefits, whichever is less.”

The Agency has amended this form to reflect this change.

The Agency also proposes the following change to the iteration of Rule 60BB-3.0254, F.A.C., that appeared in the Notice of Change that appeared in the Vol. 36, No. 40, October 8, 2010 edition of Florida Administrative Weekly.

60BB-3.0254 How to Apply for Emergency Unemployment Compensation.

(1) through (3) No change.

(4) Notice of Determination.

(a) through (b) No change.

(c) Notice of the Agency’s determination of a claimant’s eligibility or ineligibility for emergency unemployment compensation under subsections (2) or (3) of Rule 60BB-3.0253, F.A.C., will be mailed to the claimant on a Form AWI-UCB11 EUC (Rev. 09/10 ~~7/10~~), Emergency Unemployment Compensation Monetary Determination, which is hereby incorporated by reference into this rule.

(d) through (f) No change.

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________.