August8, 1974 __ .--
TO: CLINT SCHULTZ, DIRECTOR, DIVISION OF ADMINISTRATION
FROM: JAY T. AHERN, STAFF ATTORNEY.a-
RE: Chapter 74-198, Section 443.05(n) & (o)
Unemployment Compensation Law
Pursuant to a request from your department, I find the above law applies
to the Southwest Florida Water Management District.
On June 17, 1974 the Governor signed into law HB 4122 which.amended
Section 443.05(n) and (o) making the Florida Unemployment Compensation
Law applicable to services of employees of political subdivisions and
any instrumentality of the State. The law only applies to services
performed after December 31, 1973.
It is my opinion that the District although created under Chapter 61-691
as a public corporation is a Dolitiral _sUhribdi n i .ar instrumentalitv
S of the State. A political subdivision has been defined to include the
( District and should not need a specific statutory reference herein.
Thus, the District should comply with the above law. I enclose a copy
of the law.for your assistance.
cc: Donald R. Feaster
.4yyron G. Gibbons
7 R HB 4122
/ (Regular Session 1974)
By Committee on Commerce and Representatives Martinez and
Section 5. This act shall take effect July 1, 1974.
Redefines -"employment," for purposes of unemployment compen-
sation coverage, to include service performed after December 31,
1973, in the employ of political subdivisions or instrumentali- 1
ties thereof except by elected officials or officials compensated
on a fee basis.
Increases the maximum "Oeukly benefit amount" allowable to
any jiid L idual from $64 to $74;
Provides for the financing of benefits paid to employees of
political subdivisions or instrumentalities thereof by reimburse-
:.r(nt to the Unemploy.cnt C6mpensation Trust Fund by the several
Empowers the Division of Employmont Security of the Depart-
t..nt of Cc.-.crce, rai.er tnar tlbe IndusLrial Relations Commission,
to adopt. rules and 'c:.ulations pursuant to chapter 120, which are
":l .-.scry for the adminicrration of the Unemployment Compensation
A bill to be entitled
An act relating to unemployment compensation;
amending 5443.03(5) (n), Florida Statutes, 1973,
and adding paragraph (o) thereto; providing
coverage for community college and local govern-
ment employees; amending S443.04(2) (a), Florida
Statutes, 1973, providing for an increase of the
maximum weekly benefit amount; adding subsection
(6) to S443.08, providing for reimbursement of
benefits paid to employees of political subdi-
visions; amending S443.12(2), Florida Statutes,
1973, providing clarification of rule-making
authority; providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Paragraph (n) of subsection (5) of section
443.03, Florida Statutes, 1973, is amended, and paragraph (o)
is added to said section to read:
*443.03 Definitions.--As used in this chapter, unless
the context clearly requires otherwise:
(5) "Employment," subject to the other provisions of
this chapter, means any service performed by an employee for the
person employing him.
(n) The term "employment" shall include service perform-
ed after December 31, 1971, in the employ of this state or any
of its wholly owned instrumentalities; provided, that reimburse-
CODING: Vords in rek twreuh type are deletions from exiting law; wordsWii reL are additions.
ment payments for benefits paid to individuals based on wages
paid by the state for service-other than for hospitals or in-
stitutions of higher education shall be required only for
benefits paid after January 1, 1972. This paragraph shall not
be deemed to cover service performed in the employ of this.
state by an elected official or an official compensated on a
fee basis or service performed on an unemployment work relief
project undertaken by this state.7-er-serviee-peerfored-in-the
(o) The term employmentt" shall include service per-
formed after December 31, 1973, in the employ of any political
subdivision of this state or any instrumentality thereof. This
paragraph shall not be deemed to cover service performed in the
employ of said political subdivisions or instrumentalities by
elected officials or officials compensated on a fee basis.
Section 2. Paragraph (a) of subsection (2) of section
443.04, Florida Statutes, 1973, is amended to read:
4,43.04 Payment of benefits.--
(2) WEEKLY BENEFIT AMOUNT.--
(a) An individual's "weekly benefit amount" shall be
an amount equal to one half of his average weekly wages, but
not less than ten dollars or more than seventy-four sixty-eeur
dollars ($74). Such weekly benefit amount, if not a multiple
of one dollar, shall be rounded. off to the next higher multiple
of one dollar.
Section 3. Section 443.08, Florida Statutes is amended
by creating a hew subsection (6) to read:
(6) Benefits paid to employees of any political subdi-
vision of this state, or of any instrumentality thereof, based
upon service as defined in paragraph 443.03(5) (o) shall be
financed in accordance with this subsection.
(a) In lieu of contributions required of employers
under.this chapter, the several political subdivisions of this
state shall pay into the unemployment compensation trust fund
an amount equivalent to the amount-of regular benefits and the
state's share of extended benefits paid to individuals based
upon wages paid for service defined in said paragraph
(b) The provisions of paragraphs (b), (d) and (e) of
subsection (4) hereof, relating to reimbursement payments,
allocation of. benefit costs, and group accounts with respect to
non-profit organizations shall be applicable also, as far as
practicable, with respect to the duties of any political
subdivision or instrumentality thereof as an "employer."
Section 4. Subsection (2) of section 443.12, Florida
Statutes, 1973, is amended to read:
443.12 Division and commission; powers, duties, etc.;
rules and regulations; personnel; advisory councils; records and
reports; cooperation, etc.--
(2) RULES AND REGULATIONS.--
(a) The division eemmission shall have the power and
authority to adopt, amend, or rescind, pursuant to chapter 120,
such rules and regulations as are necessary for the administra-
tion of this chapterT-and-shali-haven-an-effiia-see-whieh
(b) The commission shall have an official seal which
shall be judicially noticed.