9090081, 60BBER10-3 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 9090081

Notice of Emergency Rule

Department:

DEPARTMENT OF MANAGEMENT SERVICES

Division:

Agency for Workforce Innovation

Overview

RULE:

60BBER10-3	Eligibility for Emergency Unemployment Compensation
60BBER10-4	Emergency Unemployment Compensation Individual Accounts

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

Florida’s unemployment rate is currently 11.5%, with over a million Floridians out of work. Many of these individuals have exhausted their regular unemployment benefits. Currently, 292,000 Floridians are eligible to receive funded Emergency Unemployment Compensation. Approximately 235,000 more Floridians may become eligible for funded Emergency Unemployment Compensation before the end of November, 2010. 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.
The proposed emergency rules amend existing rules (Rules 60BB-3.0251-60BB-3.0254, F.A.C.) that implement procedure and policy relating to the federally funded Emergency Unemployment Compensation Program authorized under Public Laws 110-252, 110-449, 111-5, 111-92, 111-118, 111-144, and 111-157. The most recent of these federal laws, the Unemployment Compensation Extension Act of 2010 (Public Law 111-205), extends the time period during which an individual may claim and receive Emergency Unemployment Compensation and, in many cases, enhances the amount of weekly benefits an individual may receive if he or she is still receiving such benefits more than one year after the claim for regular unemployment compensation is filed.
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 be implemented immediately, without the delay attendant with regular rulemaking procedures. The Agency is currently pursuing the regular rulemaking process for incorporating these 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 Emergency Unemployment Compensation program applicants under state law and under the terms of the governing agreement with the United States Department of Labor. The Agency crafted the proposed rules to comply with the new federal legislation, controlling state law, and existing federal standards.

SUMMARY:

The new rules extend the time period during which an individual may claim and receive Emergency Unemployment Compensation and, in many cases, enhance the amount of weekly benefits an individual may receive if he or she is still receiving such benefits more than one year after the claim for regular unemployment compensation is filed.

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=60BBER10-3&PDate=9/10/2010&Section=4

REFERENCE MATERIALS:

No reference(s).

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