CHAPTER 60BB-3 FLORIDA UNEMPLOYMENT COMPENSATION CLAIMS AND BENEFITS

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1 CHAPTER 60BB-3 FLORIDA UNEMPLOYMENT COMPENSATION CLAIMS AND BENEFITS 60BB BB BB BB BB BB BB BB BB BB BB BB BB BB BB BB BB BB BB BB BB Definitions Maintaining an Address of Record Filing Claims and Providing Documentation Continued Claims for Benefits Monetary Determinations Nonmonetary Determinations Determinations Regarding Charges to Employer Accounts in Connection with Claims for Benefits Determinations Regarding Suitable Work Determinations Regarding Discharge for Misconduct Determinations Regarding Ability to Work and Availability for Work Determinations Regarding Approved Training Short-Time Compensation Plan Application Definitions Relating to Emergency Unemployment Compensation Eligibility for Emergency Unemployment Compensation Emergency Unemployment Compensation Individual Accounts How to Apply for Emergency Unemployment Compensation Definitions Relating to Extended Benefits How to Apply for Extended Benefits Diligent Work Search Requirements Reemployment Services Public Use Forms 60BB Definitions. In addition to the following definitions, the definitions contained in Rule 60BB-2.022, F.A.C., apply to this rule and are herein incorporated by reference. (1) Additional claim: A claim filed during an existing benefit year after a break in the claims series and intervening work. (2) Claimed week of unemployment: A week for which a certification for benefits was filed pursuant to Section (1)(b), F.S. (3) Continued claim: A certification for a week of unemployment made pursuant to Section , F.S., and subsequent to the filing of an initial, additional, or reopened claim. (4) Customary work week: The days during which work is usually performed in a particular industry or occupation. (5) Declared Disaster: A disaster declared by the President of the United States which designates the state or a portion of the state as eligible for Disaster Unemployment Assistance. (6) Filing Date: When reports, notices, applications, protests, and other documents are mailed to the Agency, the postmark date of the United States Postal Service will be considered the date of filing. When filing is made by a delivery service other than the United States Postal Service, the date of receipt by the Agency will be considered the date of filing. When faxed or transmitted electronically, the date of receipt by the Agency is considered the date of filing. When filed by Internet (at unemployment), the date the confirmation number is generated is considered the date of filing. The date that the automated application and an interview with an Agency representative are completed will be the filing date of a claim filed telephonically through Interactive Voice Response (IVR). (7) Flexible Week: A period of seven (7) consecutive calendar days designated by an employer pursuant to an approved Short Time Compensation Plan as its official work week for purposes of determining weekly eligibility for Short Time Compensation benefits pursuant to Section , F.S. A day will be counted in only one flexible week. (8) Gross earnings: Earned income as defined in Section (16), F.S. (9) Initial claim: A claim filed to establish a benefit year. (10) Mass Separation: The permanent or temporary separation on or about the same time of 50 or more workers from a single establishment.

2 (11) Notification: The mailing or delivery (in the absence of mailing) of a document by the Agency to a party s official address of record shall constitute notice. Where a party is represented by counsel or other duly authorized representative, notice to the representative will constitute notice to the party. (12) Reemployment Services: Job search assistance, job and vocational training referrals, employment counseling and testing, labor market information, employability skills enhancement, needs assessment, orientation, and other related services provided by One-Stop Career Centers operated by local regional workforce boards. (13) Re-opened claim: A re-application for benefits filed during an existing benefit year, after a break in reporting with no intervening work. (14) Report date: The date assigned by the Agency or its designee and communicated to the claimant to file a continued claim for benefits, participate in reemployment service activities, or provide information necessary to process a claim. (15) Waiting week: The first week claimed in a benefit year for which all claim requirements are met. No benefits are payable for the waiting week. (16) Week: Except for flexible weeks claimed under an approved Short Time Compensation Plan, the term week refers to the seven (7) calendar day period from Sunday through Saturday. A week shall be deemed to be in, within or during that benefit year which includes the greater part of such week. Rulemaking Authority (1)(b) FS. Law Implemented , , , (2), (3) FS. History New , Amended , Formerly 38B-3.011, Amended BB Maintaining an Address of Record. It is the responsibility of each claimant to maintain a current address of record with the Agency throughout the benefit year. It is the responsibility of each employer to maintain a current address of record with the Department at all times. Rulemaking Authority (1)(b) FS. Law Implemented FS. History New BB Filing Claims and Providing Documentation. (1) Approved Methods and Forms for Filing Florida Claims. Initial, additional, and reopened claims may be filed: (a) On the Internet at Select Internet Unemployment Compensation Claim Application (Initial Claim) ; (b) On the Agency s Interactive Voice Response System, (Call 1(800) toll-free to obtain filing information); (c) By mailing or faxing a completed claim application, which may be obtained by contacting the Agency toll-free at 1(800) These applications are: 1. AWI Form UC-310, Unemployment Compensation Application for Services (Rev. 10/07), incorporated by reference in Rule 60BB-3.029, F.A.C., is to be used by Florida residents who file by mail or fax; 2. Form IB-1, Initial Interstate Claim (10/07), incorporated by reference in Rule 60BB-3.029, F.A.C., is to be used by non- Florida residents who file by mail or fax; or (d) At a location which may be designated by the Agency when unemployment results from mass separation, labor dispute, declared disaster or emergency, or the claimant needs special assistance or accommodation. (2) Required Documentation. (a) The claimant s valid social security number and one other approved form of secondary identification must be provided at the time of filing. Approved secondary identifiers include: 1. Driver s license issued by a state, possession of the United States, or a Canadian government authority, provided it contains a photograph or identifying information such as name, date of birth, sex, height, and address; 2. Documentation issued by a federal, state, or local government agency that contains a photograph or identifying information such as name, date of birth, sex, height, and address; 3. School identification (ID) card with photograph; 4. United States (U.S.) military ID card, dependent s ID card, or U.S. Coast Guard Merchant Mariner card; 5. Native American tribal document; 6. U.S. Passport (unexpired or expired); or 7. Certificate of U.S. Citizenship or Certificate of Naturalization. (b) Proof will be required if a claimant s employment, social security number, or identity is in question. Circumstances requiring such documentation include, for example:

3 1. The Social Security Administration does not confirm the validity of the social security number; 2. A previous claim was filed using the same social security number by a person with another name; 3. The Agency receives information indicating fraudulent use of the social security number in question; or 4. Reasonable evidence, such as an unemployment compensation fraud detection crossmatch, that places in question the identity of the claimant or the validity of the claim. (c) Documentation from the Immigration and Naturalization Service verifying authorization to work in the United States will be required from any alien whose work authorization cannot be identified using the Systematic Alien Verification for Entitlement (SAVE) system. Benefits will be delayed or denied only when neither primary nor secondary verification procedures verify the claimant s authorization to work in the United States. A determination denying benefits due to the absence of authorization to work will be reconsidered when the claimant furnishes the required documentation. (d) A military veteran filing a military claim will be required to furnish a copy of the Form DD-214 issued to the claimant by the military service at the time of discharge to establish service dates and nature of discharge when the branch of the military in which the claimant served does not promptly respond to the Agency s request. (e) An individual filing a claim based on federal civilian employment will be required to furnish a copy of Standard Form 50, Form W-2, or paystubs and Standard Form 8, received at the time of separation when the federal employer does not promptly respond to the Agency s request. (3) Registration for Work. The filing of an unemployment compensation claim also constitutes registration for job search and reemployment assistance with the One-Stop Career Center nearest the claimant s address of record. (4) Disclosure of Support Obligations. Each individual filing a new or additional claim for unemployment compensation must disclose at the time of filing whether he or she owes support obligations which are being enforced by the Florida Department of Revenue pursuant to 42 USC 503(e)(2)(A)(i) and 42 USC 654. (5) Effective Date of Claim. Unless otherwise provided by Section (9), F.S., the effective date of an initial, additional or reopened claim will be the Sunday immediately preceding the filing date, with the following exceptions: (a) Change of Calendar Quarter. When an initial claim is filed during a week in which a change of calendar quarter occurs, the claimant will have the option of filing the claim effective the beginning of the new calendar quarter. (b) Group Filing. When arrangements for group filing are made, generally due to mass separation, labor dispute or implementation of a Short Time Compensation Plan, initial and additional claims will be backdated to the Sunday immediately preceding the date on which the unemployment began, provided the claimant reports in accordance with the group filing arrangements. (c) Sunday Filing. Claims filed on a Sunday will be effective on the date of filing. Rulemaking Authority (1)(b) FS. Law Implemented , , , FS. History New , Formerly 38B-3.013, Amended BB Continued Claims for Benefits. (1) Method of Filing Continued Claims. After filing an initial, additional or reopened claim, the claimant will be instructed and required to report bi-weekly for the duration of the unemployment through agency-established systems including Internet, telephone, mail, or fax. In the event of a mass separation, labor dispute, disaster or emergency, claimants may be permitted or required to report in person at locations designated by the Agency. Continued claims can be filed on-line at or by calling 1(800) The forms accessed by means of the toll free number referred to above are incorporated by reference in subsection 60BB-3.029(1), F.A.C., of this chapter. (2) Time Limit for Filing Continued Claims. (a) Scheduled Reports. Continued claims for benefits must be filed within 14 calendar days following the scheduled report date as shown on AWI Form UCB-60V (Rev. 06/04), incorporated by reference in Rule 60BB-3.029, F.A.C., the Internet Confirmation Page, or otherwise communicated to the claimant by the Agency. AWI Form UCB-60V will be mailed to the claimant within 14 days after an initial, additional or re-opened claim is filed and upon receipt of each bi-weekly claim thereafter. The Agency will discontinue mailing AWI Form UCB-60V when the claimant ceases to report, has no additional benefits or weeks to claim, or benefits were denied and no appeal is pending at the end of the appeal period. (b) Late Reports. If a report is not made within 14 days after the scheduled report date shown on AWI Form UCB-60V, the Internet Confirmation Page, or communicated to the claimant by an Agency representative, the claim will be re-opened effective the

4 first day of the week in which a report is filed. Upon request, the claimant will be permitted to file a late report for weeks that were not claimed within the permissible time period and will be granted appeal rights to any resulting determination denying benefits for the weeks in question. (c) Resubmitted Continued Claim. When a claimant is directed by the Agency to resubmit a continued claim for completion or correction, the scheduled report date will be extended to 14 days from the date the Agency notifies the claimant that the claim was incomplete or incorrect. If the notification is mailed, the mailing date will be considered the date of notification. (d) Early Reports. The Agency may accept a continued claim certification prior to the scheduled report date provided each claimed week has ended. (e) Special Reports. At any time during the pendency of any claim for benefits, the Agency may make a written request for information or documentation from the claimant regarding any question whose resolution is necessary to ascertain the claimant s entitlement to benefits or the amount of any such benefits. The failure of the claimant to respond will result in a determination made from the available evidence. Rulemaking Authority (1)(b) FS. Law Implemented (1), (1), (2) FS. History New , Amended , Formerly 38B-3.015, Amended BB Monetary Determinations. (1) Computation of Wages. (a) All employment in the base period reported by an employer or determined by the Agency from available information shall be considered in computing the monetary eligibility of a claimant. (b) Assignment of Wages to Calendar Quarters. Wages will generally be counted as reported by the employer. Upon request by the claimant or employer and for the purpose of determining the claimant s weekly benefit amount and maximum available credits, wages may be assigned to the calendar quarter in which the wages were earned, but can be used in only one base period. (2) Notices to Employers. (a) The Agency will use AWI Form UCB-412, Determination Notice of Unemployment Compensation Claim Filed, (Rev. 04/07), incorporated by reference in Rule 60BB-3.029, F.A.C., to notify the claimant s most recent employing unit and each employer in the claimant s base period of each claim for benefits filed, pursuant to Section (3)(a), F.S. (b) The Agency will use AWI Form UCB-9 (Rev. 04/01), incorporated by reference in Rule 60BB-3.029, F.A.C., to request wage information regarding a specific claimant. If a timely response is not received, the claimant s monetary eligibility will be based on other evidence, including but not limited to an affidavit from the claimant. (3) Notices to Claimants. The Agency will issue a determination of monetary eligibility to each claimant on AWI Form UCB- 11, Wage Transcript and Determination, (Rev. 01/08), incorporated by reference in Rule 60BB-3.029, F.A.C., which will serve as notice to the claimant pursuant to Section (3)(a), F.S. Rulemaking Authority (1)(b) FS. Law Implemented , , , (3) FS. History New , Formerly 38B , Amended BB Nonmonetary Determinations. (1) Investigation of Issues. The Agency will investigate all issues that may affect a claimant s benefits. The Agency will make a reasonable attempt to contact all parties and obtain facts necessary to resolve nonmonetary issues. Contact methods include, but are not limited to, telephone, mail, and facsimile transmission. If it is determined that the claimant has satisfied the terms of a potential disqualification that would otherwise be imposed, no investigation need be conducted. However, a determination will be made pursuant to Rule 60BB-3.018, F.A.C., regarding charges to the employer s account. (2) Parties Entitled to Notice of Determination. Determinations will be issued to all parties entitled to notice on AWI Form UCB-45, Notice of Determination, (Rev. 02/08), incorporated by reference in Rule 60BB-3.029, F.A.C. (a) Claimants. A claimant is entitled to notice of any determination affecting his or her benefits. (b) Employers. Pursuant to Section (3), F.S., an employer entitled to notice is the employer: 1. From which the separation occurred, when job separation is the issue; 2. That offered work to the claimant; when failure to accept work is the issue; 3. Directly involved in the dispute, at whose factory, establishment or other premises the claimant is or was employed, when labor dispute is the issue;

5 4. By or on behalf of which such remuneration was paid, when wages in lieu of notice, retirement income, workers compensation or other remuneration is the issue; 5. Directly involved, when false or fraudulent representation to obtain or to increase benefits is the issue; or 6. Directly involved, when employment status, fraud, or overpayment resulting from improperly reported work or earnings is the issue. Rulemaking Authority (1)(b) FS. Law Implemented , , (3) FS. History New , Formerly 38B-3.017, Amended BB Determinations Regarding Charges to Employer Accounts in Connection with Claims for Benefits. (1) Employer Responsibilities. Except as otherwise specified in Sections (3)(a) and (9)(b), F.S., the Agency will not relieve an employer s account of charges for benefit payments unless the employer provides: (a) A telephone response to a request for information when the Agency initiated the telephone request as part of an investigation pursuant to subsection 60BB-3.017(1), F.A.C.; (b) A written response to a determination or claim notification; or (c) Written notification of a refusal to accept an offer of suitable work with that employer. (2) Determination Procedures. (a) Determinations affecting benefits will include a determination on charges to the employer s account when: 1. The employer meets the requirements for relief from charges; or 2. The employer account is subject to charges on the basis of the determination result. (b) A separate determination regarding employer charges will be issued when: 1. A previous nonmonetary determination did not address employer charges; and 2. The employer complies with the requirements of this rule. (c) A final determination regarding charges to an employer s account for a specified period of employment will also apply to any subsequent benefit year established. Rulemaking Authority (1)(b) FS. Law Implemented (3) FS. History New , Formerly 38B-3.018, Amended BB Determinations Regarding Suitable Work. In addition to the standards listed in Section (2), F.S., the following criteria will apply. Generally, work will not be considered suitable during the first 60 days a claimant is unemployed if the work: (1) Pays less than 90% of the claimant s average weekly wage during the base period; or (2) Would require a material change in occupation for the claimant. Rulemaking Authority (1)(b) FS. Law Implemented (1), (2) FS. History New , Formerly 38B-3.019, Amended BB Determinations Regarding Discharge for Misconduct. When it is determined a discharge was for misconduct connected with work, the following weeks of disqualification apply: (1) Extreme misconduct will warrant 27 to 52 weeks of disqualification. Extreme misconduct occurs when the claimant commits a felony in connection with work. (2) Serious misconduct will warrant 13 to 26 weeks of disqualification. Serious misconduct consists of the following: (a) Misdemeanor violations of the law, such as assault or disorderly conduct, that occur in connection with work; (b) Reporting to work under the improper influence of alcohol or drugs, or improper use of alcohol or drugs at work; (c) Willful, intentional or repeated carelessness or negligence in the performance of work which results in damage to equipment or material or jeopardizes the safety of others; or (d) Dishonest acts, such as lying, falsification of attendance records and misrepresentation of prior employment history. (3) General misconduct in connection with work will warrant 1 to 12 weeks of disqualification. General misconduct consists of all other misconduct, as that term is defined in Section (29), F.S., that is not addressed in subsections (1) and (2) of this rule. Examples of general misconduct are:

6 (a) Conflicts on the job for which the claimant is partially or totally responsible and which affect job performance of the claimant or other employees; (b) Chronic or unauthorized absenteeism or tardiness over which the claimant has control; (c) Conducting unauthorized personal activities during working hours; (d) Refusing to carry out or violating reasonable, lawful instructions; or (e) Violating reasonable and lawful company rules, after warning. Rulemaking Authority (1)(b) FS. Law Implemented (29), (1)(b), (9) FS. History New , Formerly 38B-3.020, Amended BB Determinations Regarding Ability to Work and Availability for Work. To be eligible for a claimed week of unemployment, a claimant must be: (1) Authorized to work in the United States; and (2) Able to work and available for work during the major portion of the claimant s customary work week; and (3) Actively seeking work in a manner customary to the occupation in which work is being sought. Factors to be considered in determining whether the claimant has conducted an active work search are: (a) The number of job contacts made by the claimant and the dates the contacts were made; and (b) Whether the type of work being sought is reasonable considering the claimant s background, training, abilities, and duration of unemployment; and (c) Whether the claimant possesses the necessary license, certification and tools to perform the type of work being sought; and (d) Whether the claimant is on a temporary layoff; and (e) Whether the claimant is on a seasonal layoff and resides in a geographical area in which no suitable off-season work prospects are available. (4) Free of unreasonable occupational restrictions regarding wages, hours, place and type of work in relation to the claimant s training, experience, work history, and local labor market conditions. (5) Free of personal circumstances which would substantially limit or restrict the claimant from conducting an active work search or accepting an offer of suitable work. Examples of such circumstances include: (a) Attendance at school or a training course during customary work hours unless the claimant continues to actively seek work and is willing to change or forego classes or training that interfere with the claimant s ability to accept work; (b) Absence from the local area unless the absence is for the primary purpose of seeking work or working; or (c) Domestic responsibilities and conditions which substantially interfere with the claimant s ability to seek and accept suitable work. (6) For any period in which the claimant is participating in training approved by the Agency as provided in Section (1)(c)2., F.S. and Rule 60BB-3.022, F.A.C., the claimant is exempt from the requirements set forth in subsections (2) through (5) of this rule. Rulemaking Authority (1)(b) FS. Law Implemented , FS. History New , Formerly 38B-3.021, Amended BB Determinations Regarding Approved Training. Pursuant to Section (1)(c), F.S.: (1) Approved training includes training authorized by Workforce Florida, Inc., a Regional Workforce Board, or Workforce Investment Board created pursuant to the Workforce Investment Act. (2) The Agency shall not approve training unless: (a) The claimant possesses aptitude and skills that can be usefully supplemented by the training; and (b) The labor market demands for the claimant s present skills are minimal; and (c) The training is a vocational, technical, intern, managerial, high school equivalency or academic program designed to prepare individuals for gainful employment; and (d) A reasonable expectation exists that the claimant will be employable upon completing the training; and (e) The training course or school is approved by the Florida Department of Education or other official governmental approving agency within the state where the training is being conducted. (3) To be eligible for benefits during a week of approved training, the claimant must:

7 (a) Furnish attendance reports from the training instructor or facility when requested by the Agency; and (b) Attend the scheduled training sessions(s). Continued unsatisfactory attendance may result in a withdrawal of the Agency s approval of the training. Rulemaking Authority (1)(b) FS. Law Implemented (1) FS. History New , Formerly 38B-3.022, Amended BB Short-Time Compensation Plan Application. Employers who wish to participate in the Short-Time Compensation program, pursuant to Section , F.S., must make application on AWI Form UCB/STC-3, Short-Time Compensation Plan Application, (11/01), incorporated by reference in Rule 60BB-3.029, F.A.C. Copies may be obtained on the internet at or by writing to: Agency for Workforce Innovation, P. O. Box 5350, Tallahassee, FL Rulemaking Authority (1)(b) FS. Law Implemented FS. History New BB Definitions Relating to Emergency Unemployment Compensation. (1) Emergency Unemployment Compensation: A federally funded program created by Public Laws , , 111-5, , , , , and , and implemented in Florida through an agreement between the Agency for Workforce Innovation and the United States Department of Labor which provides additional weeks of unemployment benefits to qualified individuals who have exhausted their rights to regular unemployment compensation on claims that were effective on or after May 2, (2) Extended unemployment compensation: Benefits, including benefits payable to federal civilian employees and to exservicemembers under 5 U.S.C. ss , that are payable to an individual under Sections or , F.S. (3) Qualifying benefit year: The benefit year established on a Florida claim for regular unemployment compensation which was effective on or after May 2, 2006, and is the basis of the individual s eligibility for emergency unemployment compensation. (4) Regular unemployment compensation: Benefits payable to an individual under Chapter 443, F.S., including benefits payable to federal civilian employees and to ex-servicemembers under 5 U.S.C. ss , other than extended unemployment compensation under Section , F.S. Rulemaking Authority (1)(b) FS. Law Implemented , (3) FS. History New , Amended BB Eligibility for Emergency Unemployment Compensation. (1) Eligibility Conditions. Emergency Unemployment Compensation is available to individuals who: (a) Have exhausted all rights to regular unemployment compensation on a Florida claim with a benefit year that ended on or after May 1, 2007; (b) Have no rights to unemployment compensation under any other state or federal law; (c) Are not receiving compensation with respect to such week under the unemployment compensation law of Canada; and (d) Are legally authorized to work in the United States. (2) Exhaustion of Benefits. For purposes of this rule, an individual has exhausted all rights to regular unemployment compensation when that individual: (a) Has received all regular unemployment compensation available on the qualifying benefit year; or (b) Had rights to regular unemployment compensation on the qualifying benefit year, but has insufficient wage credits to establish a new benefit year for regular unemployment compensation. (3) Exception to Exhaustion Requirement. (a) Notwithstanding paragraph (1)(a) of this rule, the expiration of a qualifying benefit year during which the individual has earned sufficient wage credits to establish monetary eligibility for a new benefit year will not render the individual ineligible for emergency unemployment compensation if: 1. The individual has established entitlement to emergency unemployment compensation with respect to that qualifying benefit year; 2. The individual s qualifying benefit year expired on or after July 23, 2010; 3. The individual has remaining entitlement to emergency unemployment compensation benefits with respect to that benefit year; and

8 4. The weekly benefit amount established under the new benefit year is at least either 25% or $100 less than the weekly benefit amount for the qualifying benefit year. (b) If the criteria set forth in paragraph (3)(a) of this rule are satisfied, the Agency shall establish a new benefit year for the individual, but shall defer payment of regular unemployment compensation for the new benefit year until all emergency unemployment compensation payable to the individual has been exhausted. (c) If the Agency receives information indicating that an individual who qualifies for an exception to the exhaustion requirement under paragraph (3)(a) of this rule has earned income in another state or in other states which would render the individual monetarily eligible for a claim for regular unemployment compensation in that state, the Agency will mail the individual a Form AWI-UCB11- S EUC/CWC (09/10), Notice of Eligibility for Regular Benefits, which will instruct the claimant to notify the appropriate agency in the other state regarding a claim for benefits in that state. The Form AWI-UCB11-I EUC/CWC is hereby incorporated by reference into this rule. (d) The Agency will lift the suspension if the individual files a claim for benefits with the other state as directed on the Form AWI-UCB11-I EUC/CWC, and 1. The other state communicates to the Agency that it has determined that the weekly benefit amount for a claim for regular unemployment compensation in that state is at least either 25% or $100 less than the weekly benefit amount under the individual s EUC claim in Florida; or 2. After twenty eight days have elapsed since the mailing date on the Form AWI-UCB11-I EUC/CWC, the other state has not communicated to the Agency its determination regarding the individual s entitlement to regular unemployment compensation in that state. (e) If the Agency lifts the suspension of the Florida EUC benefits, it will resume paying such benefits to the individual and will also pay the individual benefits for any weeks to which the individual is otherwise entitled that occur during the period of suspension. (f) If the other state determines that the weekly benefit amount for a claim for regular unemployment compensation in that state is greater than either 25% or $100 less than the weekly benefit amount under the individual s EUC claim in Florida, the Agency will cease paying on the EUC claim. If, at the time the regular unemployment compensation claim in the other state is exhausted, the individual is still entitled to EUC benefits, the Agency will resume payment of EUC benefits. (4) Amount Payable. (a) The amount of emergency unemployment compensation payable to an individual for any week of total unemployment will be equal to the amount of regular unemployment compensation payable during the individual s qualifying benefit year for a week of total unemployment. (b) The maximum amount of emergency unemployment compensation payable to any individual will not exceed the amount established for such individual in the emergency unemployment compensation account described in Rule 60BB , F.A.C. (5) Applicable Law. The terms and conditions of the law under which the individual claimed and received regular unemployment compensation will apply to claims for and payment of emergency unemployment compensation. (6) Overpayments. An individual who receives emergency unemployment compensation to which he is not entitled will repay any such overpayment to the Agency for Workforce Innovation. The requirement to repay the overpayment will not be waived. (a) The Agency may recoup any such overpayments by deducting 50 percent of the weekly benefit amount from any future payments until the overpayment is repaid in full. (b) Recoupment of overpayments from future benefits may occur at any time during the 3-year period after the date the individual received the payment of the emergency unemployment compensation to which he was not entitled. (c) No waiver of such recoupment may occur except as permitted by Section (6)(c), F.S. Rulemaking Authority (1)(b) FS. Law Implemented , , (6), (3) FS. History New , Amended BB Emergency Unemployment Compensation Individual Accounts. (1) Establishment of Account. Persons deemed eligible under Rule 60BB , F.A.C., will be paid from emergency unemployment compensation accounts established for each individual with respect to that individual s benefit year. (2) Eligibility Established Prior to November 23, The emergency unemployment compensation accounts of individuals whose period of eligibility began between July 6, 2008 and November 22, 2008, will be augmented as provided in this subsection.

9 (a) The amount established in an account under this subsection will equal the lesser of: percent of the total amount of regular unemployment compensation payable to the individual during his or her benefit year; or times the individual s average weekly benefit amount for the benefit year. (b) Benefits under this subsection may be paid only for weeks of unemployment beginning on or after July 6, (c) If the individual exhausts these benefits before November 23, 2008, no further benefits may be paid to the individual except as provided in subsections (3), (4), (5), and (6) of this rule. (3) Tier One. (a) Tier One benefits may be paid only for weeks of unemployment beginning on or after November 23, (b) The emergency unemployment compensation account of each individual whose period of eligibility began after November 22, 2008, will be augmented with an amount equal to the lesser of: percent of the total amount of regular unemployment compensation payable to the individual during his or her benefit year; or times the individual s average weekly benefit amount for the benefit year. (c) The emergency unemployment compensation account of an individual whose period of eligibility began before November 23, 2008 will, if the individual remains otherwise eligible, receive an additional augmentation equal to the amount previously paid under paragraph (b) of this subsection minus the amount actually received under subsection (2). (d) Tier One benefits may be paid only in cases in which an individual s regular unemployment compensation benefits are exhausted by the week ending November 20, (4) Tier Two. (a) The emergency unemployment compensation account of an individual who receives benefits pursuant to subsection (3) of this rule will receive an additional augmentation pursuant to paragraph (b) of this subsection if: 1. The individual exhausts all Tier One benefits by the week ending November 27, 2010; 2. The individual remains otherwise eligible. (b) Amount Added to Account. The amount established in an account under this subsection will equal the lesser of: percent of the total amount of regular unemployment compensation payable to the individual during his or her benefit year; or times the individual s average weekly benefit amount for the benefit year. (c) Tier two benefits may be paid only for weeks of unemployment beginning on or after November 23, (5) Tier Three. (a) The emergency unemployment compensation account of an individual who receives benefits pursuant to subsection (4) of this rule will receive an additional augmentation pursuant to paragraph (b) of this subsection if: 1. The individual exhausts all Tier Two benefits by the week ending November 27, 2010; 2. The individual remains otherwise eligible; and 3. During or after the week these benefits are exhausted, but no later than the week ending November 27, 2010, one of the following circumstances occur: a. The rate of insured unemployment for the current week and the immediately preceding 12 weeks equals or exceeds 4 percent; or b. The average rate of total unemployment, seasonally adjusted, for the most recent 3 month period for which data for all States are published equals or exceeds 6 percent. (b) The amount established in an account under this subsection will equal the lesser of: percent of the total amount of regular unemployment compensation payable to the individual during his or her benefit year; or times the individual s average weekly benefit amount for the benefit year. (c) Tier Three benefits may be paid only for weeks of unemployment beginning on or after November 8, (6) Tier Four. (a) The emergency unemployment compensation account of an individual who receives benefits pursuant to subsection (5) of this rule will receive an additional augmentation pursuant to paragraph (b) of this subsection if: 1. The individual exhausts all Tier Three benefits by the week ending November 27, 2010;

10 2. The individual remains otherwise eligible; and 3. During or after the week these benefits are exhausted, but no later than the week ending November 27, 2010, one of the following circumstances occur: a. The rate of insured unemployment for the current week and the immediately preceding 12 weeks equals or exceeds 6 percent; or b. The average rate of total unemployment, seasonally adjusted, for the most recent 3 month period for which data for all States are published equals or exceeds 8.5 percent. (b) The amount established in an account under this subsection will equal the lesser of: percent of the total amount of regular unemployment compensation payable to the individual during his or her benefit year; or 2. 6 times the individual s average weekly benefit amount for the benefit year. (c) Tier Four benefits may be paid only for weeks of unemployment beginning on or after November 8, (7) Termination of Emergency Unemployment Compensation. An individual who has a balance remaining in his or her individual account as of November 27, 2010, will continue to receive emergency unemployment compensation from such balance for any week beginning after that date for which he or she meets the eligibility requirements of this rule, except that no compensation will be payable for any week beginning after April 30, Rulemaking Authority (1)(b) FS. Law Implemented , , (3) FS. History New , Amended BB How to Apply for Emergency Unemployment Compensation. (1) Method of Application. Individuals whose regular unemployment compensation benefits are exhausted, whose benefit year expires between July 6, 2008 and May 29, 2010, or who are entitled to an augmentation of their emergency unemployment compensation accounts pursuant to Rule 60BB , F.A.C., will receive notice regarding their eligibility or ineligibility for emergency unemployment compensation. Individuals who qualify for augmentation under any of the provisions set forth in subsections 60BB (4)-(6), F.A.C., will be deemed eligible to receive these benefits without filing an application as long as they comply with the continued claims reporting requirements set forth in Rule 60BB-3.015, F.A.C. All other individuals who wish to receive emergency unemployment compensation must submit an application for benefits to the Agency for Workforce Innovation. An application may be submitted: (a) Online by clicking on the Internet Unemployment Compensation Claim Application (Initial Claim) link to the Online Internet Unemployment Compensation Claim Application (11/07), or by clicking on the Solicitud de Reclamo de Compensacion por Desempleo en el Internet (Reclamo Inicial) link to the Online Internet Unemployment Compensation Claim Application (Spanish version) (11/07), which are incorporated by reference in paragraphs 60BB-3.029(1)(yy) and (zz), F.A.C., and which are available at or (b) In writing on one of the forms listed in subsection (2) of this rule, which are hereby incorporated by reference into this rule. (2) Submitting Written Applications. To submit a written application for emergency unemployment compensation, the claimant must complete and submit one of the following forms: (a) Form AWI-UC310EUC (Rev. 08/10), Application for Emergency Unemployment Compensation, which may be found at (b) Form AWI-UC310EUC (S) (Rev. 08/10), Solicitud de compensacion de emergencia por desempleo, which may be found at or (c) Form AWI-UC310EUC (C) (Rev 08/10), Aplikasyon pou Aloksyon Chomaj sou Ka Dijans, which may be found at (3) Submitting Written Applications. The claimant must submit his or her application by mailing the completed form to the address set forth on the form and/or accompanying instructions, or by faxing the form to the Agency for Workforce Innovation, Unemployment Compensation Records Unit, (850) (4) Notice of Determination. (a) Notice of ineligibility for cases in which a claimant does not exhaust his or her regular benefits by the week ending November 20, 2010, will be mailed to the claimant on a Form AWI-UCB11 EXH (08/10), Notice of EUC Ineligibility, Form AWI- UCB11 EXH (S) (08/10), Aviso de no Eligibilidad para EUC, or a Form AWI-UCB11 EXH (C) (08/10), Avi Si Ou Pa Kalifye Pou EUC, which are hereby incorporated by reference into this rule.

11 (b) Notice of ineligibility for cases in which the claimant does not meet the eligibility requirements of Rule 60BB , F.A.C., will be mailed to the claimant on a Form AWI-UCB11-I EUC (10/09), Emergency Unemployment Compensation Monetary Determination, which is hereby incorporated by reference into this rule. (c) Notice of the Agency s determination of a claimant s eligibility or ineligibility for emergency unemployment compensation under subsection (2) or (3) of Rule 60BB , F.A.C., will be mailed to the claimant on a Form AWI-UCB11 EUC (09/10), Emergency Unemployment Compensation Monetary Determination Tier I, which is hereby incorporated by reference into this rule. (d) Notice of the Agency s determination of a claimant s eligibility or ineligibility for emergency unemployment compensation under paragraph (4)(b) of Rule 60BB , F.A.C., will be mailed to the claimant: 1. On a Form AWI-UCB11 EUC-2 (Rev. 7/10) Emergency Unemployment Compensation Monetary Determination Tier II, which is hereby incorporated by reference into this rule, when the claimant exhausts his Tier One benefits; or 2. On a Form AWI-UCB11 EUC-2R (12/09), Emergency Unemployment Compensation Tier II Monetary Determination, which is hereby incorporated by reference into this rule, when the claimant: a. Claimed weeks on a Florida claim for extended benefits in a state in which extended benefits are not payable; b. Received extended benefit payments for any week ending on or after November 14, 2009; or c. Was determined to be entitled to an additional week of Tier Two benefits under the augmentation authorized by Public Law for any week ending on or after November 14, (e) Notice of the Agency s determination of a claimant s eligibility or ineligibility for emergency unemployment compensation under subsection (5) of Rule 60BB , F.A.C., will be mailed to the claimant on a Form AWI-UCB11 EUC3 (Rev. 7/10) Emergency Unemployment Compensation Monetary Determination Tier III, which is hereby incorporated by reference into this rule. (f) Notice of the Agency s determination of a claimant s eligibility or ineligibility for emergency unemployment compensation under subsection (6) of Rule 60BB , F.A.C., will be mailed to the claimant on a Form AWI-UCB11 EUC4 (Rev. 7/10), Emergency Unemployment Compensation Monetary Determination Tier IV, which is hereby incorporated by reference into this rule. Rulemaking Authority (1)(b) FS. Law Implemented , , , , (3) FS. History New , Amended BB Definitions Relating to Extended Benefits. For the purposes of extended benefits payable under Section , F.S., and Rules 60BB through 60BB , F.A.C., the following definitions apply: (1) Good job prospects: An individual has good job prospects if he or she has a definite return to work date within 4 weeks of the eligibility notices referred to in subsection 60BB (2), F.A.C. (2) Regular unemployment compensation: Benefits payable to an individual under Chapter 443, F.S., including benefits payable to federal civilian employees and to ex-service members under 5 U.S.C , other than emergency unemployment compensation, trade readjustment allowance, disaster unemployment assistance, and extended unemployment compensation under Sections and , F.S. Rulemaking Authority (1)(b) FS. Law Implemented , , FS. History New BB How to Apply for Extended Benefits. (1) Initiating a Claim for Extended Benefits. The Agency will mail a Form AWI-UC310EB (09/10), Application for Extended Benefits (EB), which is hereby incorporated by reference into this rule, to all individuals who exhaust their available emergency unemployment compensation. This form will advise the recipient that the application for extended benefits may be filed using the form or by applying online at The online application report (Form AWI-UCB-310EB-ONL (Rev. 09/2010) Extended Benefits Online Application) is hereby incorporated by reference into this rule. When the individual is eligible for retroactive payment of extended benefits, the Agency will mail the claimant a Form AWI-UC310EBR (Rev 09-10) Information and Initial Claim Form for Retroactive Claims, which is hereby incorporated by reference into this rule. The Form AWI-UC310EB or Form AWI-UC310EBR may be submitted by: (a) Mailing the completed form to the Agency for Workforce Innovation, Unemployment Compensation Records Unit, P. O. Drawer 5700, Tallahassee, Florida

12 (b) Faxing the form to the Agency for Workforce Innovation, Unemployment Compensation Records Unit, (850) (2) Notice of Determination. (a) Notice of the Agency s determination of an individual s eligibility or ineligibility for extended benefits will be mailed to the individual on a Form AWI-UCB11 EB (07/10), Monetary Determination/Redetermination for Extended Benefits (EB), which is hereby incorporated by reference into this rule, when the Agency: 1. Determines that the individual is eligible for extended benefits; or 2. Determines that the individual is ineligible for extended benefits because: a. The individual has available credits remaining on a claim for regular benefits or emergency unemployment compensation; or b. The individual s claim for extended benefits was previously made in relation to the wrong regular unemployment claim. (b) Notice of the Agency s determination of an individual s eligibility or ineligibility for extended benefits will be mailed to the individual on a Form AWI-UCB11-I EB (07/10), Extended Benefits Determination of Eligibility, which is hereby incorporated by reference into this rule, when the individual: 1. Has not exhausted his or her regular benefits or emergency unemployment compensation; 2. Did not exhaust his or her regular benefits or emergency unemployment compensation during his or her eligibility period; 3. Has rights to regular or extended benefits available or is potentially eligible for such benefits under the law of any state (which shall include Puerto Rico, the U.S. Virgin Islands, or the District of Columbia); or 4. Is receiving compensation under the unemployment compensation law of Canada. (c) Any notice mailed pursuant to this rule will be accompanied by an EB BRI (09/10), Extended Benefits Benefit Rights Information, which is hereby incorporated by reference into this rule. Rulemaking Authority (1)(b) FS. Law Implemented , , FS. History New BB Diligent Work Search Requirements. (1) Claim Certification. Every two weeks, an individual determined to be eligible for extended benefits must report his or her work search activities. The individual may satisfy this requirement by reporting online at unemployment/eb/index.html, and clicking on the Claim Your Weeks icon. The individual may also file his or her report on a Form AWI-UCB60EB (09/10), Unemployment Compensation Benefit Weekly Claim Certification, or a Form AWI-UCB60EBR (09/10) Retroactive Weekly Claim Certification Extended Benefits (EB), in the manner prescribed in paragraphs 60BB (1)(a) and (b), F.A.C. The Agency mails the Form AWI-UCB60EB and the Form AWI-UCB60EBR to the claimant for this purpose. The online work search reports (Form AWI-UCB60EBONL (Rev 08/10) Weekly Claim Certifications and Form AWI-UCB60EB-ONL (S) (Rev 08/10), Certificaciones para Reclamaciones Semanales), the Form AWI-UCB60EB and the Form AWI-UCB60EBR are hereby incorporated by reference into this rule. (2) Work Search Requirements. Except as provided in subsection (3) of this rule, any eligible individual must conduct at least two work search activities on separate days per week. (3) Good Job Prospects. Individuals who have been determined to have good job prospects, as defined in subsection 60BB (1), F.A.C.: (a) Are not required to seek other employment, except as provided by subsection (4) of this rule. (b) Must list, in the Work Search Record portion of the report required in subsection (1) of this rule, the name and address of the employer to which the individual expects to report to work, and the date such work is expected to begin. (4) Additional Reporting Requirement for Individuals with Good Job Prospects. If, after four weeks of extended benefits, an individual determined to have good job prospects remains unemployed, the Agency will mail him or her an Form AWI-UCB231EB (Rev 09/10), Unemployment Compensation Extended Benefits (EB) Eligibility Review Questionnaire, which is hereby incorporated by reference into this rule. The individual shall fill out and return this form within ten days of the mailing date, in the manner prescribed in paragraphs 60BB (1)(a) and (b), F.A.C. (5) Failure to Comply. Failure to comply with the requirements of this rule will result in the individual s disqualification from receiving extended benefits until: (a) Four weeks have passed since the noncompliance; and (b) The individual has earned wages that equal four times his or her weekly benefit amount. Rulemaking Authority (1)(b) FS. Law Implemented , , FS. History New