Title: Opinion File 74-83 thru 74-85
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 Material Information
Title: Opinion File 74-83 thru 74-85
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Buddy Blain's Collections - Opinion File 74-83 thru 74-85
General Note: Box 14, Folder 4 ( Opinion File 1974 - 1975 - 1974-1975 ), Item 27
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003399
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text






August8, 1974 __ .--
MEMORANDUM

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.

JTA:1d

Enclosure
cc: Donald R. Feaster
Ton Mullin
.4yyron G. Gibbons







7 R HB 4122
/ (Regular Session 1974)

By Committee on Commerce and Representatives Martinez and
Easley


Section 5. This act shall take effect July 1, 1974.


LEGISLATIVE SUMMARY
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
political subdivisions.

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
Law. .


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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-


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CODING: Vords in rek twreuh type are deletions from exiting law; wordsWii reL are additions.


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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

empesy-ef-any-paliteal-subdivisien-eo-this-state-or-any

i&nreereneetaiy-ehereeef

(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:

443.08 Contributions.--


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(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

443.03(5) (o).

(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

shai~-be-udic aiey-neteed.

(b) The commission shall have an official seal which
shall be judicially noticed.


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