Current through Reg. 50, No. 187; September 24, 2024
(1) This rule provides the approved methods
and forms for filing Florida Reemployment Assistance Claims. Initial,
additional, initial interstate, and reopened claims must be filed and submitted
using Florida's Online Reemployment Assistance System at
www.FloridaJobs.org. Depending on the
type of claim being submitted, Florida's Online Reemployment Assistance System
will require responses to questions as herein incorporated by reference
https://www.flrules.org/Gateway/reference.asp?No=Ref-05888.
(2) When a declared disaster or emergency, or
system unavailability makes the Florida Online Reemployment Assistance System
unavailable, or when a claimant needs special assistance or accommodation, a
Reemployment Assistance Claim may be filed by contacting the Department of
Economic Opportunity toll-free at 1(800)204-2418.
1. AWI Form UC-310, "Unemployment
Compensation Application for Services" (Rev. 10/07), AWI Form UC-310(S)
"Unemployment Compensation Application for Services" (Spanish version) (Rev.
10/7), or AWI Form UC-310(C) "Unemployment Compensation Application for
Services" (Creole version) (Rev. 10/7), which are incorporated by reference in
rule 73B-11.029, F.A.C., are to be
used by Florida residents;
2. Form
IB-1, "Initial Interstate Claim" (10/07), Form IB-1(S) "Initial Interstate
Claim" (Spanish version) (Rev. 10/07), or Form IB-1(C) "Initial Interstate
Claim" (Creole version) (Rev. 10/7), which are incorporated by reference in
rule 73B-11.029, F.A.C., are to be
used by non-Florida residents;
(3) For the purposes of this rule, a claimant
needs special assistance or accommodation when she or he:
(a) Is legally prohibited from using a
computer;
(b) Has an impairment
which makes her or him unable to use a computer; or
(c) Is unable to read or write effectively in
a language in which the Online Reemployment Assistance System makes
available.
(4) When a
declared disaster or emergency makes the Florida Online Reemployment Assistance
System unavailable the Department of Economic Opportunity may also make the
following forms available for filing a Florida Reemployment Assistance Claim:
(a) Florida residents may use the following
forms which are available at
www.FloridaJobs.org:
1. Reemployment Assistance Application for
Services, Form DEO RA-310,
http://www.flrules.org/Gateway/reference.asp?No=Ref-05578;
effective date: October 25, 2015, which is hereby adopted and incorporated by
reference.
2. Reemployment
Assistance Application for Services (Spanish version), Form DEO RA-310(S),
http://www.flrules.org/Gateway/reference.asp?No=Ref-05577;
effective date: October 25, 2015, which is hereby adopted and incorporated by
reference.
3. Reemployment
Assistance Application for Services (Creole version), Form DEO RA-310(C),
http://www.flrules.org/Gateway/reference.asp?No=Ref-05576;
effective date: October 25, 2015, which is hereby adopted and incorporated by
reference.
(b)
Non-Florida residents may use the following forms which are available at
www.FloridaJobs.org:
1. Initial Interstate Claim, Form DEO IB-1,
http://www.flrules.org/Gateway/reference.asp?No=Ref-05573,
effective date: October 25, 2015, which is hereby adopted and incorporated by
reference.
2. Initial Interstate
Claim (Spanish version), Form DEO IB-1(S),
http://www.flrules.org/Gateway/reference.asp?No=Ref-05575;
effective date: October 25, 2015, which is hereby adopted and incorporated by
reference.
3. IB-1(C) Initial
Interstate Claim (Creole version), Form DEO IB-1(C),
http://www.flrules.org/Gateway/reference.asp?No=Ref-05574;
effective date: October 25, 2015, which is hereby adopted and incorporated by
reference.
(5)
When the above-noted forms are being used, a claimant may submit a completed
form as follows:
(a) Mailing it to the
Department of Economic Opportunity, Reemployment Assistance Records Unit, P.O.
Drawer 5750, Tallahassee, Florida 32314-5750; or
(b) Delivering it in person to the Department
at the Caldwell Building, 107 East Madison Street, Tallahassee, Florida
32399.
(6) 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 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:
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 Department receives information
indicating fraudulent use of the social security number in question;
or
4. Reasonable evidence, such as
a Reemployment Assistance 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
Department'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 Department's request.
(7) Disclosure of Support Obligations. Each
individual filing a new or additional claim for Reemployment Assistance 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.
(8) Effective Date of Claim. Unless otherwise
provided by section 443.036(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
443.1317(1)(b)
FS. Law Implemented 443.036,
443.091,
443.101,
443.1116
FS.
New 8-25-92, Formerly 38B-3.013, Amended 8-14-08, 11-27-11,
Formerly 60BB-3.013, Amended 2-13-13,
10-25-15.
