Fla. Admin. Code Title 73 — Department of Commerce

Division 73C Division of Community Development

Chapter 73C-1 BLACK BUSINESS LOAN PROGRAM

Fla. Admin. Code R. 73C-1.001 Definitions and Forms

The terms and phrases defined herein and used throughout section 288.7102, F.S., and chapter 73C-1, F.A.C., apply only during the fiscal year in which a Certified Applicant receives an award of funds under the Program. Terms and phrases not defined by statute or rule shall be construed according to their plain meaning.

(1) “Applicant” means a corporation registered in Florida that seeks certification or recertification to become a Recipient or a New Recipient of funds appropriated by the legislature for the purpose of providing loans, loan guarantees, or investments, in black business enterprises under the Program.

(2) “Application Period” means the annual period during which an Applicant may submit an application to the Department, which is May 1 through June 1 (or the next business day if June 1 is a Saturday, Sunday, or legal holiday) of each year.

(3) “Certified Applicant” means an Applicant that has received notice from the Department certifying that the Applicant is qualified to receive an award of funds under the Program.

(4) “Conflict Statement” means the Florida Department of Economic Opportunity Form DEO/CD 7102-3, http://www.flrules.org/Gateway/reference.asp?No=Ref-04103; effective date: June 25, 2014, which is hereby adopted and incorporated by reference.

(5) “Department” means the Department of Economic Opportunity, whose address is 107 East Madison Street, Caldwell Building, Tallahassee, Florida 32399-4128.

(6) “Direct Administrative Cost” means a Recipient’s expenses, as authorized and limited by section 288.7102(8)(c), F.S., which are made or incurred by a Recipient, in order to operate its business in compliance with the Program.

(7) “Direct Investment” means a Recipient’s purchase of stock, common or preferred, voting or nonvoting, in a black business enterprise.

(8) “Existing Recipient” is an Applicant that was a Recipient during the fiscal year immediately preceding the submittal of its Application for Recertification, Form DEO/CD 7102-2.

(9) “Instance(s) of Material Noncompliance” occur(s) when a financial audit reveals a violation of, or a failure by an Applicant to follow, the compliance requirements of state or federal law or the Applicant’s most recent fiscal year program agreement. An Instance of Material Noncompliance can occur through an individual violation, through the failure to follow compliance requirements, or can be aggregated with multiple violations or failures to follow compliance requirements. An audit which reveals or has a finding that is not specifically labeled as an Instance of Material Noncompliance shall be considered to be an Instance of Material Noncompliance if it otherwise meets this definition.

(10) “Material Weakness” occur(s) where a financial audit reveals an area of concern in a Recipient’s internal compliance controls such that the Department determines that there has been, will be, or that a Recipient cannot prevent, an Instance of Material Noncompliance. A Material Weakness also occurs where a financial audit reveals information, facts, or circumstances, that give rise to a concern regarding the entity’s business practices or financial stability that impairs the ability of the entity to implement the Program. An audit which reveals or has a finding that is not specifically labeled as a Material Weakness shall be considered to be a Material Weakness if it otherwise meets this definition.

(11) “New Recipient” is an Applicant that was not a Recipient during the fiscal year immediately preceding the submission of its Application for Certification, Form DEO/CD 7102-1.

(12) “Program” means the Black Business Loan Program as established in sections 288.7094 through 288.714, F.S.

(13) “Recipient” is a Certified Applicant that has entered into an agreement with the Department to receive funds under the Program.

(14) “Program Funds” or “State Funds” are all funds provided by the Department to a Recipient under the Program as well as all income and return of equity generated through the use of those funds. All such funds shall revert back to the Department, and all evidence of an obligation to repay Program Funds including, but not limited to, promissory notes, mortgages, stock certificates, judgments, and liens, shall be assigned to the Department should any of the following occur: expiration or termination of the agreement between the Department and a Recipient, decertification of a Recipient, denial of recertification of an Existing Recipient, or the Program is allowed to sunset or is repealed by the Florida Legislature.

(15) “Reasonable Profit(s)” means the direct administrative costs authorized by section 288.7102(8)(c), F.S., and which advanced the purpose of the Program as defined in section 288.7102(10), F.S., as well as those moneys collected through origination, closing, and servicing fees, charged by a Recipient and which are consistent with the industry standards for non-governmental lending. Money acquired by a Recipient through the charging of late fees or generated through the use of a collection agency do not fall under this definition.

(16) “Submit” or “Submitted” means the business date a document is received by the Department during normal business hours: Monday through Friday, 8:00 a.m. to 5:00 p.m. If a document is received after 5:00 p.m. or on a weekend or legal holiday, it shall be deemed submitted on the next business day (a day that is not a Saturday, Sunday or legal holiday).

(17) “Technical support” or “Technical Assistance” as authorized and limited by sections 288.7102(8)(c) and 288.714, F.S., means any support or assistance provided by a Recipient to a black business enterprise in furtherance of the intent and purpose of the Program. Any support or assistance provided by a Recipient must be specifically related to the Program. Support or assistance being undertaken on behalf of non-Program business does not qualify under this definition.

(18) “Unobligated Program Funds” are State Funds, as well as all Income from such funds, held by a Recipient, which are not currently obligated by a loan, loan guarantee, or Direct Investment under the Program.

History

• Rulemaking Authority 288.7102(7) FS. Law Implemented 288.7102 FS. History–New 9-1-08, Amended 10-10-10, Formerly 27M-3.001, Amended 6-25-14, 5-25-14.

Fla. Admin. Code R. 73C-1.002 Application Process

(1) This chapter applies to any Applicant, as defined in rule 73C-1.001, F.A.C., that is seeking to receive funds under the Program. An Applicant shall submit an Application for Certification or an Application for Recertification to the Department during the Application Period. The Department will only process complete submissions received, using the appropriate forms, as identified below, which are available from the Department of Economic Opportunity at 107 East Madison Street, Mail Station #160, Caldwell Building, Tallahassee, Florida 32399-4128, or by going to: http://sitefinity.floridajobs.org/business-growth-and-partnerships/for-businesses-and-entrepreneurs/business-resources/minority-owned-business-assistance:

(a) Application for Certification as a Recipient of Funds, Florida Department of Economic Opportunity Form DEO/CD 7102-1, http://www.flrules.org/Gateway/reference.asp?No=Ref-04106; effective date: June 25, 2014, which is hereby adopted and incorporated by reference.

(b) Application for Recertification as a Recipient of Funds, Florida Department of Economic Opportunity Form DEO/CD 7102-2, http://www.flrules.org/Gateway/reference.asp?No=Ref-04107; effective date: June 25, 2014, which is hereby adopted and incorporated by reference.

(2) An Applicant must submit its application using the application processes as provided in this chapter. Each application will be evaluated for completeness. No Applicant will receive certification until the Department is able to verify the requirements set forth in section 288.7102, F.S. Applicants must provide assistance to the Department when verification is necessary. Some examples of Applicant assistance are as follows:

(a) Provide more detailed information or explanation to the Department in writing; or

(b) Provide the methods of the calculations used in the application process;

(c) Discuss any concerns the Department may have with a submitted application.

(3) The Department shall process all applications submitted during the Application Period on or before July 31.

(4) If it is determined that an Applicant is ineligible to receive funds under the Program or if an application is found to be incomplete, the Department shall notify the Applicant in writing or via email, and shall identify the specific reasons for its determination or of what is missing from the application. This notice shall include ineligibility based on a determination that an Instance of Material Noncompliance or a Material Weakness exists.

(5) An Applicant that receives notice that it is ineligible or that its application is incomplete shall have an opportunity to cure any issue determined to exist, if possible, and shall submit a revised application to the Department no later than 10 business days prior to July 31. If an Applicant fails to submit a revised application within the required time, or if the revised application is incomplete, the Department shall deny the application.

(6) If the Department determines that all required information has been timely submitted by an Applicant, it shall deem the application complete and begin the process of approving or denying the application. In order for an application to be considered complete by the Department, all sections must be complete when the application, or a revised application pursuant to subsection (5), above, is received by the Department.

(7) When the Department approves an application it shall notify the Applicant either in writing or via email that the Applicant is now a Certified Applicant. In order to become a Recipient and receive funds under the Program a Certified Applicant shall do all of the following:

(a) Meet all of the requirements set forth in section 288.7102, F.S.

(b) Provide the Department with a Conflict Statement concerning the use of future funds received under the Program.

(c) Enter into an agreement with the Department.

(8) A Certified Applicant shall submit a signed agreement to the Department within 45 days after its receipt of the agreement. An extension of the 45 day deadline for the return of the agreement may be granted by the Department if good cause is provided by the Certified Applicant.

(9) Where the Department denies an application, it shall notify the Applicant either in writing or via email and shall identify the specific reasons for its denial. The Department’s denial decision shall be subject to review under chapter 120, F.S.

History

• Rulemaking Authority 288.7102(7) FS. Law Implemented 288.7102 FS. History–New 9-1-08, Amended 10-10-10, Formerly 27M-3.002, Amended 6-25-14, 8-25-14.

Fla. Admin. Code R. 73C-1.003 Program Implementation

In addition to the requirements set forth in section 288.7102, F.S., and this chapter, a Recipient must meet the performance conditions provided for in the agreement it enters into with the Department in order to remain qualified to receive funds under the Program. Any award of funds under the Program is conditioned upon their availability and upon a Certified Applicant’s execution of an agreement with the Department.

(1) Quarterly submission of a Conflict Statement.

(a) In addition to the requirements provided in section 288.714, F.S., all Recipients receiving funds under the Program shall provide the Department with a Conflict Statement quarterly. Upon the written request of a Recipient the Department may waive a conflict of interest if the following apply:

1. The nature of the conflict is fully disclosed;

2. The person or entity requesting the loan belongs to the group intended to be the beneficiaries of the loan program and the waiver will permit the person or entity to receive generally the same interests or benefits as are being made available or provided to the group as a whole; and,

3. The person who has the potential conflict of interest has withdrawn from all responsibility or participation in the loan decision-making process.

(b) Falsifying or misrepresenting information or the existence of a conflict within a Conflict Statement will be grounds for the immediate termination of the agreement by the Department and for the decertification of a Recipient. Any previously granted waivers by the Department of a conflict shall not exempt its disclosure in a Conflict Statement.

(2) Unobligated Program Funds shall be maintained by the Recipient in a separate interest bearing account subject to the terms and conditions of the agreement entered into with the Department to carry out the legislative intent and purposes of the Program.

(3) Quarterly Reports.

(a) In addition to the reporting requirements provided for in section 288.714, F.S., a Recipient’s quarterly report shall include a detailed summary of the Recipient’s performance duties imposed under the agreement it enters into with the Department.

(b) Based upon a Recipient’s quarterly report, the Department shall deny Direct Administrative Costs that do not advance the purpose of the Program as defined in section 288.7102(10), F.S. The Department’s denial shall be in writing and is subject to review under chapter 120, F.S.

(4) Technical Support and Technical Assistance.

(a) In the quarterly reports provided to the Department, and as further described in section 288.714, F.S., a Recipient shall describe the nature and amount of all Technical Support and Technical Assistance it has provided during that quarter to black business enterprises.

(b) Based upon a Recipient’s quarterly reporting of funds used as Technical Support and Technical Assistance, the Department shall deny funds so expended that do not advance the purpose of the Program as defined in section 288.7102(10), F.S. The Department’s denial shall be in writing and is subject to review under chapter 120, F.S.

(5) Financial Audits.

(a) The Department will evaluate all financial audits received pursuant to section 288.7102, F.S. in order to determine if an Instance of Material Noncompliance or a Material Weakness is revealed.

(b) If a financial audit received by the Department indicates or reveals an Instance of Material Noncompliance, a Material Weakness, or both, that cannot be cured within a reasonable time, the Department shall deny an application or terminate the agreement pursuant to its terms.

History

• Rulemaking Authority 288.714, 288.7102(7) FS. Law Implemented 288.714, 288.7102 FS. History–New 9-1-08, Amended 10-10-10, Formerly 27M-3.003, Amended 6-25-14, 8-25-14.

Chapter 73C-2 ECONOMIC GARDENING BUSINESS LOAN PILOT PROGRAM

Fla. Admin. Code R. 73C-2.001 Definitions and Forms

History

• Rulemaking Authority 288.1081(7) FS. Law Implemented 288.1081 FS. History–New 10-4-10, Formerly 27M-4.001, Repealed by Section 1(10), Chapter 2009-13, Laws of Florida.

Fla. Admin. Code R. 73C-2.002 Competitive Application for Selection as Loan Administrator

History

• Rulemaking Authority 288.1081(7) FS. Law Implemented 288.1081 FS. History–New 10-4-10, Formerly 27M-4.002, Repealed by Section 1(10), Chapter 2009-13, Laws of Florida.

Fla. Admin. Code R. 73C-2.003 Certification Decision

History

• Rulemaking Authority 288.1081(7) FS. Law Implemented 288.1081 FS. History–New 10-4-10, Formerly 27M-4.003, Repealed by Section 1(10), Chapter 2009-13, Laws of Florida.

Chapter 73C-21 COMMUNITY DEVELOPMENT; COMMUNITY SERVICES BLOCK GRANT

Fla. Admin. Code R. 73C-21.002 Definitions

History

• Rulemaking Authority 120.53, 163.03(3) FS. Law Implemented 120.53, 163.03(3) FS. History–New 11-8-82, Amended 2-29-84, Formerly 73C-21.02, Amended 10-23-89, 7-13-94, 12-17-95, 1-19-98, Formerly 9B-22.002, Repealed by Section 86, Chapter 2012-96, Laws of Florida, 4-6-12.

Fla. Admin. Code R. 73C-21.004 Community Services Block Grant Advisory Committee

History

• Rulemaking Authority 120.53, 163.03(3) FS. Law Implemented 163.03(3)(d) FS. History–New 11-8-82, Amended 2-29-84, Formerly 73C-21.04, Amended 10-23-89, 7-13-94, 12-17-95, Formerly 9B-22.004, Repealed by Section 86, Chapter 2012-96, Laws of Florida, 4-6-12.

Fla. Admin. Code R. 73C-21.006 Match Requirements

History

• Rulemaking Authority 120.53, 163.03(3) FS. Law Implemented 163.03(3)(d) FS. History–New 11-8-82, Amended 2-29-84, Formerly 73C-21.06, Amended 10-23-89, 7-13-94, 12-17-95, 1-19-98, Formerly 9B-22.006, Repealed by Section 86, Chapter 2012-96, Laws of Florida, 4-6-12.

Fla. Admin. Code R. 73C-21.007 Funds Distribution

History

• Rulemaking Authority 120.53, 163.03(3) FS. Law Implemented 163.03(3)(d) FS. History–New 11-8-82, Amended 2-29-84, Formerly 73C-21.07, Amended 10-23-89, 7-13-94, 12-17-95, 1-19-98, Formerly 9B-22.007, Repealed by Section 86, Chapter 2012-96, Laws of Florida, 4-6-12.

Fla. Admin. Code R. 73C-21.008 Contracting Procedures

History

• Rulemaking Authority 120.53, 163.03(3) FS. Law Implemented 163.03(3)(d) FS. History–New 11-8-82, Amended 2-29-84, Formerly 73C-21.08, Amended 10-23-89, 7-13-94, 12-17-95, Formerly 9B-22.008, Repealed by Section 86, Chapter 2012-96, Laws of Florida, 4-6-12.

Fla. Admin. Code R. 73C-21.011 Agency Board Requirements

History

• Rulemaking Authority 120.53, 163.03(3) FS. Law Implemented 163.03(3)(d) FS. History–New 12-17-95, Amended 1-19-98, Formerly 9B-22.011, Repealed by Section 86, Chapter 2012-96, Laws of Florida, 4-6-12.

Chapter 73C-22 COMMUNITY DEVELOPMENT; WEATHERIZATION ASSISTANCE PROGRAM

Fla. Admin. Code R. 73C-22.002 Definitions

History

• Rulemaking Authority 120.53(1), 163.03(3) FS. Law Implemented 163.03 FS. History–New 11-20-85, Formerly 9B-24.002, Repealed 7-23-13.

Fla. Admin. Code R. 73C-22.004 Distribution of Funds

History

• Rulemaking Authority 120.53(1), 163.03(3) FS. Law Implemented 163.03 FS. History–New 11-20-85, Formerly 9B-24.004, Repealed 7-23-13.

Fla. Admin. Code R. 73C-22.005 Subgrantees

History

• Rulemaking Authority 120.53(1), 163.03(3) FS. Law Implemented 163.03 FS. History–New 11-20-85, Formerly 9B-24.005, Repealed 7-23-13.

Fla. Admin. Code R. 73C-22.006 Policy Advisory Council

History

• Rulemaking Authority 120.53(1), 163.03(3) FS. Law Implemented 163.03 FS. History–New 11-20-85, Formerly 9B-24.006, Repealed 7-23-13.

Fla. Admin. Code R. 73C-22.007 Minimum Program Requirements and Policies

History

• Rulemaking Authority 120.53(1), 163.03(3) FS. Law Implemented 163.03 FS. History–New 11-20-85, Formerly 9B-24.007, Repealed 7-23-13.

Fla. Admin. Code R. 73C-22.008 Allowable Expenditures

History

• Rulemaking Authority 120.53(1), 163.03(3) FS. Law Implemented 163.03 FS. History–New 11-20-85, Formerly 9B-24.008, Repealed 7-23-13.

Fla. Admin. Code R. 73C-22.011 Standards and Techniques for Weatherization

History

• Rulemaking Authority 120.53(1), 163.03(3) FS. Law Implemented 163.03 FS. History–New 11-20-85, Formerly 9B-24.011, Repealed 7-23-13.

Fla. Admin. Code R. 73C-22.013 Monitoring, Training and Technical Assistance

History

• Rulemaking Authority 120.53(1), 163.03(3) FS. Law Implemented 163.03 FS. History–New 11-20-85, Formerly 9B-24.013, Repealed 7-23-13.

Fla. Admin. Code R. 73C-22.014 Required Records and Reports

History

• Rulemaking Authority 120.53(1), 163.03(3) FS. Law Implemented 163.03 FS. History–New 11-20-85, Formerly 9B-24.014, Repealed 7-23-13.

Fla. Admin. Code R. 73C-22.015 Weatherization Contracts and Amendments

History

• Rulemaking Authority 120.53(1), 163.03(3) FS. Law Implemented 163.03 FS. History–New 11-20-85, Formerly 9B-24.015, Repealed 7-23-13.

Fla. Admin. Code R. 73C-22.016 Forms

History

• Rulemaking Authority 120.53(1), 163.03(3) FS. Law Implemented 163.03 FS. History–New 11-20-85, Formerly 9B-24.16, Repealed 11-24-11.

Chapter 73C-23 COMMUNITY DEVELOPMENT; FLORIDA SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM

Fla. Admin. Code R. 73C-23.0030 Authority; Incorporation

History

• Rulemaking Authority 290.044, 290.046, 290.047, 290.048 FS. Law Implemented 290.042, 290.043, 290.044, 290.046, 290.047, 290.048 FS. History–New 5-27-18, Amended 11-3-22, Repealed 5-18-26.

Fla. Admin. Code R. 73C-23.0031 Definitions

Terms defined herein have the following meaning:

(1) “Application Cycle” means the period during which the Department will accept applications as specified in NOFA published in the Florida Administrative Register.

(2) “CDBG” means Community Development Block Grant.

(3) “Department” means the Florida Department of Commerce.

(4) “Household” means all individuals residing in a dwelling unit, regardless of their relationship.

(5) “Notice of Funding Availability” or “NOFA” means the notification released by the Department which announces the availability of federal funds, and which includes the application cycle starting date, the deadline date for application submission, and the allocations amounts for each grant program category.

(6) “Subgrant Agreement” means the contract that is executed between an Applicant and the Department to award CDBG funding for completing the activities that were included in the subrecipient’s application.

(7) “Subrecipient” means a unit of local government that has been awarded CDBG funding.

History

• Rulemaking Authority 290.048 FS. Law Implemented 290.042, 290.043, 290.048 FS. History–New 5-23-06, Amended 6-6-10, Formerly 9B-43.0031, Amended 4-21-15, 5-27-18, 11-3-22, 5-18-26.

Fla. Admin. Code R. 73C-23.0035 Eligibility

History

• Rulemaking Authority 290.048 FS. Law Implemented 290.043, 290.044 FS. History–New 4-21-15, Repealed 5-27-18.

Fla. Admin. Code R. 73C-23.0041 Application Process

(1) Funding Ceilings.

(a) Applications for Neighborhood Revitalization, Commercial Revitalization, and Housing Rehabilitation funding requests are limited to a maximum of $3,000,000.

(b) Applications for Economic Development funding requests are limited to a maximum of $5,000,000. The funding requested must either be based on the number of jobs to be created or retained pursuant to the Federal Public Benefit Standard, or based on the Urgent Need National Objective.

(c) The funding ceilings set forth in paragraphs (1)(a) and (1)(b) do not apply to projects that eliminate or mitigate conditions posing an immediate threat to public health, safety, or welfare. The Department will require supporting documentation to confirm eligibility under this subparagraph. A written waiver request explaining the condition, along with supporting documentation, must be submitted for consideration with the application. The applicant must demonstrate through supporting documentation that:

1. The condition constitutes a documented health, safety, or welfare hazard verified by a licensed engineer, public health official, or regulatory authority; and

2. The proposed activity is the most cost-effective means of eliminating or mitigating the threat to public health, safety, or welfare.

(2) Application Cycle and Competitive Selection Process

(a) The Department will announce an Application Cycle for a federal award by publishing a NOFA in the Florida Administrative Register and on its website The form, substance, and requirements for each Application Cycle will be set forth in each NOFA.

(b) The Department will review and score each application for completeness and accuracy, consistent with the requirements set forth in the NOFA.

(c) Applicants selected by the Department will receive funding until all funds are awarded. The Department may fund awards in whole or in part.

History

• Rulemaking Authority 290.044, 290.046, 290.047, 290.048 FS. Law Implemented 290.044, 290.046, 290.047, 290.0475 FS. History–New 5-23-06, Amended 2-26-07, 6-6-10, Formerly 9B-43.0041, Amended 4-21-15, 3-1-16, 5-27-18, 5-18-26.

Fla. Admin. Code R. 73C-23.0045 Specific Requirements for Neighborhood Revitalization, Commercial Revitalization and Housing Rehabilitation

History

• Rulemaking Authority 290.048 FS. Law Implemented 290.043, 290.044, 290.046, 290.047 FS. History–New 6-6-10, Formerly 9B-43.0045, Amended 4-21-15, Repealed 5-27-18.

Fla. Admin. Code R. 73C-23.0048 Specific Requirements for Economic Development

Prohibited Uses of Funds. Funds shall not be used for:

(1) Working capital, inventory or supplies.

(2) Grants to non-public entities.

(3) Purchasing assets from any entity if any corporate officer(s) or principal(s) of the Participating Party owns an interest in that entity.

(4) Building or developing infrastructure beyond that which is required as a prerequisite for the job creation by the Participating Party.

(5) Refinancing existing debt.

(6) Any other purpose not permissible under the Housing and Community Development Act of 1974 or any rules or guidance promulgated thereunder.

(7) Any other purpose deemed not permissible in a NOFA or in the Subgrant Agreement.

History

• Rulemaking Authority 290.048 FS. Law Implemented 290.043, 290.044, 290.046, 290.047 FS. History–New 4-21-15, Amended 5-27-18, 5-18-26.

Fla. Admin. Code R. 73C-23.0049 Funding for Special Economic Development Projects

History

• Rulemaking Authority 290.048 FS. Law Implemented 290.043, 290.044, 290.046 FS. History–New 4-21-15, Amended 5-27-18, Repealed 5-18-26.

Fla. Admin. Code R. 73C-23.0051 Grant Administration and Project Implementation

(1) Subgrant Agreement.

(a) After the Department approves an application, the Subrecipient shall enter into a Subgrant Agreement with the Department. The Subrecipient shall not receive any funds until a Subgrant Agreement is entered into between the Department and the Subrecipient.

(b) If a Subrecipient’s proposed modification to the Subgrant Agreement will result in a reduction of the number of beneficiaries or accomplishments listed in the original application, then the Subrecipient shall conduct a properly noticed public hearing on the proposed changes prior to submitting the modification request.

(c) Subrecipients shall monitor project activities to ensure compliance with time schedules, milestones, and other performance goals set forth in the Subgrant Agreements.

(2) Financial Management.

Subrecipients shall establish an appropriate financial management system for administering CDBG funds that comply with federal and state laws, rules, and regulations.

(3) Environmental Review.

Subrecipients must comply with the procedures set forth in 24 CFR Part 58, Environmental Review Procedures for Title I Community Development Block Grant Programs, and 40 CFR 1500-1508, National Environmental Policy Act Regulations.

(4) Procurement.

Procurement Policy. Each Subrecipient shall adopt and follow a local CDBG Procurement Policy that complies with the provisions of 2 CFR Part 200. For covered professional services contracts, the policy shall comply with Section 287.055, F.S. The policy shall also comply with Section 255.0525, F.S., when advertising for competitive bids or proposals for construction projects.

(5) Subgrant Agreement Closeout.

The Subrecipient must submit a Subgrant Agreement closeout package to the Department within 45 days of the contract termination or within 45 days of the completion of all activities.

(6) Program and Non-Program Income.

The Department is the final authority regarding determinations of program funds and program income. Program income must be used or disposed of consistent with the Subrecipient’s Subgrant Agreement including any survival provisions therein.

(7) Conflict of Interest.

No CDBG funds may be expended to assist or benefit any person with a conflict of interest as set forth in 24 CFR 570.489(h), or Section 112.3143, F.S., unless a waiver has been approved by the Department pursuant to 24 CFR 570.489(h)(4). Any funds to be expended without prior Departmental approval must be repaid by the Subrecipient.

(8) Architectural and Engineering Costs.

The maximum percentage of CDBG funds that may be spent on architectural and engineering design costs, excluding additional engineering services, shall be based on the total initial construction budget for eligible subgrant activities, which require architectural and engineering design. These costs shall not exceed the Rural Development/Rural Utility Service (RD/RUS) fee schedule in Florida. Architectural and engineering inspection services during construction shall not exceed the RD/RUS fee schedule in Florida and RUS Bulletin 1780-9 (rev. 6/2007), as set forth in Form COM-73C-23, Rural Development Rural Utility Service (RUS) Fee Schedule (effective date 04/2026), which is incorporated by reference and available at http://flrules.org/Gateway/reference.asp?No=Ref-19442.

(a) If more than one design professional is needed for an activity or activities (i.e., a landscape architect in addition to an engineer for sidewalk construction in a commercial revitalization project), the local government shall not exceed the appropriate RD/RUS fee curve for each activity covered by each design professional negotiated separately.

(b) For projects involving both Table I and II activities, engineering costs shall be pro-rated appropriately. Table I activities are: water facilities (treatment plants, tanks, or wells); sewer facilities (treatment plants); sewer lines (lines and lift stations); new sewage treatment plant; sewage treatment plant upgrades; new sewer lines and components; sewer line replacement; or sewer hookups. Table II activities are: building construction; water lines; flood and drainage; street improvements; parking facilities; relocation of utilities to underground; solid waste disposal; rehabilitation of commercial buildings; removal of architectural barriers in public buildings; historic rehabilitation and preservation; fire hydrants; fire protection; flood and drainage; hazard mitigation activities; parks or playgrounds; pedestrian malls/sidewalks; recreation/neighborhood center; removal of architectural barriers; senior center; temporary shelters; solid waste disposal; street improvements – new paving; or street improvements – repaving.

(c) For each additional engineering service and for preliminary engineering, the local government shall negotiate a reasonable fee for the service following procurement procedures in 2 CFR Part 200.

(d) Preliminary engineering costs not to exceed one-half of one percent of the estimated construction cost may be paid with CDBG funds over and above the amounts included the RD/RUS fee schedule.

(9) National Objective and Public Benefit Documentation.

(a) Achievement of national objectives. Applications must demonstrate that the proposed activities meet the national objectives criteria for compliance.

(b) Public Benefit Achievement. Determination of benefit to persons of low- to moderate-income is established through the following methods:

1. HUD Census Data – LMI benefit can be documented by using HUD-provided Census Data where the service area geographically corresponds with block groups, census tracts, or local government geographical limits. A jurisdiction-wide activity using census data rather than a survey to establish the national objective of benefit primarily to low- and moderate-income persons.

If a service area contains an entire block group or census tract and portions of other groups or tracts, the data from the block group or tract that is contained entirely in the service area can be used, but the remaining portion(s) of the service area must be surveyed to get LMI data.

2. Random Sample Survey Methodology – Applicants shall use a sample-based survey of the beneficiaries. The survey methodology must correspond with the random sampling requirements consistent with HUD’s most recent Community Planning and Development Notice for establishing guidelines for conducting income surveys to determine the percentage of low-and moderate-income persons in the service area of a CDBG funded activity. The survey methodology must include a confidence level of 95%.

(10) Beneficiaries of Public Improvements.

(a) CDBG-funded activities may not extend beyond the location of the last LMI beneficiary, except where it is required for sound engineering, operation, or design reasons as certified by a licensed engineer.

(b) Where hookups or connections are required as a condition for beneficiary access to a CDBG funded public improvement, fees shall not be charged to low- or moderate-income beneficiaries. Low, and moderate-income beneficiaries in Neighborhood Revitalization project service areas with hookups as an activity shall be hooked up unless the beneficiary, or property owner in cases of rental property, provides written refusals.

(c) For non-LMI beneficiaries required to pay a one-time fee (i.e., assessment, impact fee) for connection or access to the CDBG funded public improvement, and charged a periodic service fee (i.e., water bill, sewer bill), the proposed non-LMI beneficiaries will be advised of the estimated cost of the one-time fee. The Subrecipient shall notify all beneficiaries in writing of the estimated amount of any periodic service fee. The application narrative must outline the estimated costs to be paid by non-LMI beneficiaries.

(d) Surveyed beneficiaries shall be advised of both fees in writing prior to application submission. If census data is used, a random sample representing ten percent of the beneficiaries must be advised in writing prior to application submission.

History

• Rulemaking Authority 290.048 FS. Law Implemented 290.044, 290.046, 290.047, 290.0475 FS. History–New 5-23-06, Amended 2-26-07, 6-6-10, Formerly 9B-43.0051, Amended 4-21-15, 3-1-16, 5-27-18, 5-18-26.

Fla. Admin. Code R. 73C-23.0061 Emergency Set-aside Assistance

History

• Rulemaking Authority 290.044 FS. Law Implemented 290.044 FS. History–New 5-23-06, Amended 6-6-10, Formerly 9B-43.0061, Amended 4-21-15, 5-27-18, Repealed 5-18-26.

Fla. Admin. Code R. 73C-23.0071 Section 108 Loans

History

• Rulemaking Authority 290.048 FS. Law Implemented 290.0455 FS. History–New 5-23-06, Amended 6-6-10, Formerly 9B-43.0071, Amended 4-21-15, Repealed 5-27-18.

Fla. Admin. Code R. 73C-23.0081 Nonrecurring CDBG Funding

History

• Rulemaking Authority 290.046(2)(b)2., 290.48 FS. Law Implemented 290.043 FS. History–New 6-6-10, Formerly 9B-43.0081, Amended 4-21-15, 5-27-18, Repealed 5-18-26.

Fla. Admin. Code R. 73C-23.0082 Subgrant Closeout

(1) At the time of submission of the closeout report, the Subrecipient must have available documentation which verifies its certification that all activities have been completed, inspected and approved by all parties prior to the Subgrant Agreement end date and submission of the administrative closeout.

(2) An administrative closeout may only occur when the Subrecipient has no funds on hand. All funds drawn from the Department and not expended must be returned to the Department prior to closeout.

(3) Upon completion of the activities contained in the CDBG Subgrant Agreement, the Subrecipient shall submit to the Department a closeout package which gives the final statement of costs, certifies that the project and all non-administrative activities are completed and accepted, certifies that all costs except those reflected on the closeout forms have been paid and reports demographics of the program’s beneficiaries.

(4) When housing assistance is provided, the closeout documents must include a list of the households assisted by the contract. Additional information required by HUD may be requested by the Department at any time.

(5) For activities where hookups or connections are required for beneficiary access to the public improvement, evidence at the time of closeout must show:

(a) The total number of persons in all households in the service area;

(b) The number of low- and moderate-income persons in households connected to the infrastructure; and,

(c) Projects required to meet the LMI national objective must document that the number of LMI persons in households connected to the infrastructure divided by the total number of beneficiaries in the service area equals at least 51 percent or higher or the percentage required by HUD at the time of the application.

(6) The closeout documents must contain original electronic or physical signatures.

(7) All closeout documentation is due within 45 days after completion of activities or expiration or termination of the Subgrant Agreement.

(8) The administrative closeout package which must be received by the Department no later than 5:00 p.m. (Eastern Time) on the business day prior to the advertised opening of the application cycle. The Department will either:

(a) Approve the closeout request and provide an administrative closeout notification, or

(b) If there are unresolved issues with the subgrant, provide a Notice of Outstanding Closeout Issues (NOCISS). If the Subrecipient receives a NOCISS letter, it must respond to the issues, and the response must be received by the Department at least 10 days before the Application Cycle deadline. If the response resolves the issues in the NOCISS letter, the subrecipient shall be eligible to apply for funding.

History

• Rulemaking Authority 290.048 FS. Law Implemented 290.046 FS. History–New 5-27-18, Amended 5-18-26.

Chapter 73C-24 SPECIAL DISTRICT ACCOUNTABILITY PROGRAM

Fla. Admin. Code R. 73C-24.003 Fee Schedule, Annual Invoicing, Data Updating, and Updating of the Special District Database

(1) On or about October 1 of each year the Department shall provide notice to and collect the information listed below from the registered agent of each active special district listed on the Official List of Special Districts. When a special district files with the Department for the first time, the Department shall provide notice to and collect the information listed below from the registered agent of the special district, or an appropriate contact person if a registered agent has not yet been appointed:

(a) The registered agent’s name (if appointed);

(b) If due, the official website address for the special district and the registered office (if one has been designated) address, telephone number, fax number, and email address;

(c) The independent or dependent status of the special district, as defined by Section 189.012, F.S.;

(d) The date of establishment and creation document, as amended, if not previously filed with the Department;

(e) The boundary map, as amended, specifically identifying the special district if not previously filed with the Department;

(f) A complete list of all counties in which the special district has jurisdiction;

(g) The local governing authority or governing body of each unit of local general-purpose government in which the special district has jurisdiction;

(h) The special purpose of the special district;

(i) The specific section of Florida Statute authorizing the special district;

(j) The governing body selection process;

(k) Whether the special district has authority to issue bond debt; and,

(l) The revenue source or sources.

(2) Within 60 days of the Department’s notice, the registered agent shall submit all of the information listed in paragraphs (1)(a)-(l) to the Department at the following address: Florida Department of Economic Opportunity, Bureau of Budget Management, 107 East Madison Street, MSC #120, Tallahassee, Florida 32399. Any information that has changed since the previous year, shall be indentified in the information submitted to the Department.

(3) Within 60 days of the invoice date, the special district shall comply with the following fee schedule by submitting payment online or to the address listed in subsection (2):

(a) $150.00 from new independent and dependent special districts created between October 1 and December 31 of the fiscal year billing period.

(b) $125.00 from new independent and dependent special districts created between January 1 and March 31 of the fiscal year billing period.

(c) $100.00 from new independent and dependent special districts created between April 1 and June 30 of the fiscal year billing period.

(d) $75.00 from new independent and dependent special districts created between July 1 and September 30 of the fiscal year billing period.

(e) Zero annual fee from any independent or dependent special district that meets all of the following conditions:

1. The special district is in compliance with its Annual Financial Reporting requirement to the Department of Financial Services,

2. The special district reported $3,000.00 or less in revenues to the Department of Financial Services on its Annual Financial Report for the most recent fiscal year in which complete annual data is available from the Department of Financial Services, or as a newly created special district or a special district not required to file an Annual Financial Report, has submitted a current income statement verifying $3,000.00 or less in revenues for the current fiscal year,

3. The special district is not a component unit of a general purpose local government as determined by the special district and its Certified Public Accountant; and,

4. The special district’s registered agent has successfully complied with subsections (1) and (2) of this rule, and the Department has determined that the special district meets the conditions for a zero annual fee.

(f) $175.00 from all other independent and dependent special districts, invoiced annually on or about October 1 and due within 60 days.

(4) If the Department determines that a special district did not meet all of the conditions listed in subparagraph (3)(e)1.-4. of this rule, the Department shall notify the registered agent of the special district and payment shall be due as originally invoiced.

(5) If a special district fails to comply with the fee schedule set forth by this rule, the special district shall be subject to a fine within the limits set for the in Section 189.018, F.S. The total fee and fine is due within 30 days of the invoice date. The Department shall, at least 30 days prior to the due date, send any late fee invoice by regular mail to the registered agent of the special district. The Department shall use the post-marked date of a special district’s payment as a determination of whether a special district complies with the fee schedule by the due date. The Department shall report each special district in noncompliance with its fee requirements to the Office of the Comptroller for further action.

(6) The Department shall rountinely update it’s database with information received from the registered agent or appropriate contact person of each special district.

History

• Rulemaking Authority 189.017, 189.018 FS. Law Implemented 189.018, 189.064, 189.601 FS. History–New 5-1-90, Amended 3-14-91, 12-3-91, 8-10-97, 3-17-99, 3-1-03, 9-26-07, Formerly 9B-50.003, Amended 2-17-15, 1-31-17, 10-26-21.

Fla. Admin. Code R. 73C-24.004 Updating of the Special District Database

History

• Rulemaking Authority 189.017 FS. Law Implemented 189.061, 189.064 FS. History–New 5-1-90, Amended 8-10-97, 3-17-99, 3-1-03, Formerly 9B-50.004, Amended 2-17-15, Repealed 1-31-17.

Chapter 73C-25 COMMUNITY DEVELOPMENT; LOW INCOME EMERGENCY HOME REPAIR PROGRAM

Fla. Admin. Code R. 73C-25.001 Definitions

History

• Rulemaking Authority 120.53(1), 163.03 FS. Law Implemented 420.36 FS. History–New 3-10-94, Formerly 9B-57.001, Repealed 5-29-17.

Fla. Admin. Code R. 73C-25.004 Grantee Eligibility

History

• Rulemaking Authority 120.53(1), 163.03 FS. Law Implemented 420.36 FS. History–New 3-10-94, Formerly 9B-57.004, Repealed 5-29-17.

Fla. Admin. Code R. 73C-25.005 Distribution of Funds

History

• Rulemaking Authority 120.53(1), 163.03 FS. Law Implemented 420.36 FS. History–New 3-10-94, Formerly 9B-57.005, Repealed 5-29-17.

Fla. Admin. Code R. 73C-25.006 Grantee Selection Process

History

• Rulemaking Authority 120.53(1), 163.03 FS. Law Implemented 420.36 FS. History–New 3-10-94, Formerly 9B-57.006, Repealed 5-29-17.

Fla. Admin. Code R. 73C-25.007 Eligible Projects

History

• Rulemaking Authority 120.53(1), 163.03 FS. Law Implemented 420.36 FS. History–New 3-10-94, Formerly 9B-57.007, Repealed 5-29-17.

Fla. Admin. Code R. 73C-25.008 Allowable Expenditures

History

• Rulemaking Authority 120.53(1), 163.03 FS. Law Implemented 420.36 FS. History–New 3-10-94, Formerly 9B-57.008, Repealed 5-29-17.

Fla. Admin. Code R. 73C-25.009 Allowable Repairs

History

• Rulemaking Authority 120.53(1), 163.03 FS. Law Implemented 420.36 FS. History–New 3-10-94, Formerly 9B-57.009, Repealed 5-29-17.

Fla. Admin. Code R. 73C-25.010 Match Requirements and Sources

History

• Rulemaking Authority 120.53(1), 163.03 FS. Law Implemented 420.36 FS. History–New 3-10-94, Formerly 9B-57.010, Repealed 5-29-17.

Fla. Admin. Code R. 73C-25.011 Standards of Work

History

• Rulemaking Authority 120.53(1), 163.03 FS. Law Implemented 420.36 FS. History–New 3-10-94, Formerly 9B-57.011, Repealed 5-29-17.

Fla. Admin. Code R. 73C-25.012 Program Beneficiary Eligibility

History

• Rulemaking Authority 120.53(1), 163.03 FS. Law Implemented 420.36 FS. History–New 3-10-94, Formerly 9B-57.012, Repealed 5-29-17.

Fla. Admin. Code R. 73C-25.013 Monitoring and Technical Assistance

History

• Rulemaking Authority 120.53(1), 163.03 FS. Law Implemented 420.36 FS. History–New 3-10-94, Formerly 9B-57.013, Repealed 5-29-17.

Fla. Admin. Code R. 73C-25.014 Contracts and Amendments

History

• Rulemaking Authority 120.53(1), 163.03 FS. Law Implemented 420.36 FS. History–New 3-10-94, Formerly 9B-57.014, Repealed 5-29-17.

Chapter 73C-26 COMMUNITY DEVELOPMENT; LOW-INCOME ENERGY ASSISTANCE

Fla. Admin. Code R. 73C-26.020 Definitions

(1) “Act” means Title XXVI of the Omnibus Budget Reconciliation Act of 1981, Public Law 97-35, as amended [42 U.S.C. Sections 8621-8630] and [45 CFR Part 96, Subpart H, Sections 96.80-96.89], all of which are incorporated by reference herein.

(2) “Department” or “DEO” means the Florida Department of Economic Opportunity.

(3) “Home Energy Crisis” means the situation existing when a household does not have or is in immediate danger of losing home energy for heating or cooling per 42 U.S.C. 8622(6), or there exists an immediate threat to life or health due to the lack of home energy.

(4) “Household” means a person or group of persons residing together in the same dwelling as one economic unit.

(5) “LIHEAP” means the Low-Income Home Energy Assistance Program authorized under the Act, and administered by DEO.

(6) “Poverty Income Guidelines” means the federal poverty guidelines established by the U.S. Department of Health and Human Services and published annually in the Federal Register.

(7) “Subgrant Agreement” means the written contract between the Department and a recipient party, which sets forth the services to be provided with the subgrant funds.

(8) “Subrecipient” is a unit of local government or a not-for-profit organization receiving LIHEAP financial assistance under a subgrant agreement from the Department.

History

• Rulemaking Authority 409.508 FS. Law Implemented 409.508 FS. History–New 11-30-08, Formerly 9B-65.020.

Fla. Admin. Code R. 73C-26.021 Distribution of Funds

Based on the availability of federal LIHEAP funds each year, the distribution of funds shall be made as follows:

(1) The Department shall retain no more than 3 percent of the total LIHEAP funds received from the federal government for the state administration of the program.

(2) With the approval of the U.S. Department of Health and Human Services, the Department will designate up to the maximum allowed in the Act for weatherization and other energy-related home repair for low-income households.

(3) The Department will provide 6 percent of the total LIHEAP funds to the Department of Elder Affairs to provide assistance under LIHEAP to low-income households that include at least one member age 60 years of age or older.

(4) The Department will reserve 2% of the annual LIHEAP amount designated for pass-through to the Subrecipients to be used in case of a weather-related, supply shortage or economic emergency. These funds will be retained by the Department each year until December 15. If a state or federal emergency is declared by the President, the Governor or the Executive Director of the Department prior to December 15, then the funds will be released for use for LIHEAP eligible activities in response to the emergency. After December 15, if no emergency has been declared, the Department will release these funds for energy benefits. When funds are distributed for an emergency, the terms of the executive order will determine the allowable expenditures of the funds, based on the nature of the emergency. Any additional emergency funds will be added to the existing contracts of the Subrecipients affected by the emergency.

(5) The balance of the LIHEAP funds shall be awarded through an allocation plan for statewide distribution of the funds based in part on the percentage of poverty population and the climate zone of each county. Notice shall be sent annually by email to each Subrecipient. For any county not served by a LIHEAP provider, a public hearing must be held to select a new LIHEAP provider in accordance with the requirements of the Act [42 U.S.C. §8624].

(6) Funds distributed by the Department to Subrecipients which have not been expended at the end of the contract period shall be returned to the Department at the time of close-out.

(7) Subrecipients shall be offered an annual subgrant until they either voluntarily withdraw from the program or are defunded for cause.

(8) When it is necessary to designate a new LIHEAP Subrecipient, the process shall be publicly announced and noticed and shall conform to the requirements of the Act.

History

• Rulemaking Authority 409.508 FS. Law Implemented 409.508 FS. History–New 11-30-08, Formerly 9B-65.021.

Fla. Admin. Code R. 73C-26.022 Energy Assistance Benefits and Energy Payments

(1) The number, nature and amount of energy benefits will be set by DEO in accordance with the federal requirements of the Act and adjusted annually based on funding availability. DEO will notify the Subrecipients in writing at the address stated in the Subgrant Agreement.

(2) The following maximum benefits will be available to eligible households:

(a) One non-crisis benefit per 12 month period;

(b) One summer home energy crisis benefit between April 1 and September 30 each year; and,

(c) One winter home energy crisis benefit between October 1 and March 31 each year.

(3) Based on local need for LIHEAP services and other non-LIHEAP energy assistance resources in their service area, the Subrecipient may limit benefits to less than those stated in subsection (2), above.

(4) In the event of an emergency as described in subsection 73C-26.021(4), F.A.C., the Department will allow expenditures of the funds in which the benefits may exceed those given in subsection 73C-26.022(2), F.A.C.

(5) The Subgrantee shall make energy payments directly to the vendor on behalf of the eligible client. Only in cases where the Subgrantee cannot negotiate direct payment to the vendor will payment to the client be made in the form of a two party check payable to the client and vendor.

(6) The household must provide proof that it is responsible for paying the home energy cost. Fuel or energy types include electricity, fuel oil, kerosene, wood, natural gas, liquid propane or liquid propane gas. If the name on the bill/receipt is different from that of any member of the household, the relationship of the applicant to the fuel purchaser must be explained in the LIHEAP client files.

History

• Rulemaking Authority 409.508 FS. Law Implemented 409.508 FS. History–New 11-30-08, Formerly 9B-65.022, Amended 4-25-17.

Fla. Admin. Code R. 73C-26.023 Client Eligibility and Appeals Process

(1) Client eligibility will be determined based on the requirements of the Act and rule chapter 73C-26, F.A.C.

(2) The household must reside in Florida at the time of application.

(3) A household must apply for assistance from the LIHEAP Subrecipient which is designated to provide services in the county in which the household is located at the time of application.

(4) The applicant is not eligible for assistance if home energy costs are totally included in the rent and the applicant has no obligation to pay any portion of the energy costs.

(5) The following income factors shall be used to calculate client eligibility:

(a) The gross income of all household members is added together to determine eligibility and the level of assistance;

(b) Medicare premiums paid or deducted from Social Security and Railroad Retirement benefits are included in the gross income;

(c) All income received during the twelve-month period prior to the month of application must be verified. If verified income is not available for the entire twelve month period before the month of application, then a shorter period may be used to project estimated annual income. The income amount used must reflect the current economic status of the applicant;

(d) Annual income limits by household size shall be 150 percent of the federally established poverty income guidelines adjusted annually as published in the Federal Register;

(e) Within 30 days of the publication of the federal poverty income guidelines, DEO will send notice of the revised income limits and their effective date to all Subrecipients;

(f) Any applicant who reports income of less than 50 percent of the current poverty income guidelines and does not receive food stamps must explain how basic living expenses are being provided;

(g) If an applicant fails to provide a reasonable explanation of how the household’s basic needs are or were met during the two months prior to application, the applicant will be denied services; and,

(h) If an applicant cannot document household income and does not receive food stamps, the Subrecipient shall accept a signed self-declaration of income statement that adequately explains exceptional circumstances and gives the amount of their income.

(6) Priority will be given to those applicants with the “highest home energy needs and lowest household income.” This will be determined by taking into account both the energy burden as defined in 42 U.S.C. 8622(2) and the unique situation of a household that results from having members of vulnerable populations, including children 5 years and younger, the disabled, and frail older individuals.

(7) The following types of households/individuals will not be eligible to receive assistance from this program:

(a) A student living in a dormitory; and,

(b) A resident of a group living facility or a member of a private home whose cost of residence is at least partially paid through any foster care or residential program administered by the State.

(8) Determination of eligibility will be made without discrimination as to race, color, sex, age, handicap, religion, national origin or political belief.

(9) Notice of whether an applicant is eligible to receive assistance must be sent to the applicant by first class mail or hand delivery.

(a) If the applicant is eligible, the notice will state the amount of the LIHEAP benefit payment and name of the utility vendor.

(b) Any Applicant denied LIHEAP services must be provided a written notice of the denial. At a minimum, the written Notice of Denial and Appeals shall contain the reason for the denial; under what circumstances the client may reapply; what information or documentation is needed for the person to reapply; and the name, telephone number and address to whom the re-application or appeal must be sent.

(10) Subgrantees are required to have written applicant appeal procedures which satisfy the requirements of 42 U.S.C. §8624(b)(13). Appeal provisions must be posted in a prominent place in the office visible to all applicants.

History

• Rulemaking Authority 409.508 FS. Law Implemented 409.508 FS. History–New 11-30-08, Formerly 9B-65.023, Amended 4-25-17.

Fla. Admin. Code R. 73C-26.024 Energy Payments

History

• Rulemaking Authority 409.508 FS. Law Implemented 409.508 FS. History–New 11-30-08, Formerly 9B-65.024, Repealed 4-25-17.

Fla. Admin. Code R. 73C-26.025 Hearings

History

• Rulemaking Authority 409.508 FS. Law Implemented 409.508 FS. History–New 11-30-08, Formerly 9B-65.025, Repealed 4-25-17.

Chapter 73C-27 COMMUNITY DEVELOPMENT; URBAN INFILL AND REDEVELOPMENT ASSISTANCE GRANT PROGRAM

Fla. Admin. Code R. 73C-27.001 Purpose

History

• Rulemaking Authority 163.2523 FS. Law Implemented 163.2511, 163.2514, 163.2517, 163.2520, 163.2523, 163.2526 FS. History–New 7-25-00, Formerly 9B-69.001, Repealed by Section 1, Chapter 2012-90, Laws of Florida, 7-1-12.

Fla. Admin. Code R. 73C-27.002 Definitions

History

• Rulemaking Authority 163.2523 FS. Law Implemented 163.2511, 163.2514, 163.2517, 163.2520, 163.2523, 163.2526 FS. History–New 7-25-00, Formerly 9B-69.002, Repealed by Section 1, Chapter 2012-90, Laws of Florida, 7-1-12.

Fla. Admin. Code R. 73C-27.003 Funding Availability and Allocation

History

• Rulemaking Authority 163.2523 FS. Law Implemented 163.2511, 163.2514, 163.2517, 163.2520, 163.2523, 163.2526 FS. History–New 7-25-00, Formerly 9B-69.003, Repealed by Section 1, Chapter 2012-90, Laws of Florida, 7-1-12.

Fla. Admin. Code R. 73C-27.004 Grant Application Process and Application Deadlines

History

• Rulemaking Authority 163.2523 FS. Law Implemented 163.2511, 163.2514, 163.2517, 163.2520, 163.2523, 163.2526 FS. History–New 7-25-00, Formerly 9B-69.004, Repealed by Section 1, Chapter 2012-90, Laws of Florida, 7-1-12.

Fla. Admin. Code R. 73C-27.005 Planning Grant

History

• Rulemaking Authority 163.2523 FS. Law Implemented 163.2511, 163.2514, 163.2517, 163.2520, 163.2523, 163.2526 FS. History–New 7-25-00, Formerly 9B-69.005, Repealed by Section 1, Chapter 2012-90, Laws of Florida, 7-1-12.

Fla. Admin. Code R. 73C-27.006 Planning Grant Scoring Criteria

History

• Rulemaking Authority 163.2523 FS. Law Implemented 163.2511, 163.2514, 163.2517, 163.2520, 163.2523, 163.2526 FS. History–New 7-25-00, Formerly 9B-69.006, Repealed by Section 1, Chapter 2012-90, Laws of Florida, 7-1-12.

Fla. Admin. Code R. 73C-27.007 Implementation Grants

History

• Rulemaking Authority 163.2523 FS. Law Implemented 163.2511, 163.2514, 163.2517, 163.2520, 163.2523, 163.2526 FS. History–New 7-25-00, Formerly 9B-69.007, Repealed by Section 1, Chapter 2012-90, Laws of Florida, 7-1-12.

Fla. Admin. Code R. 73C-27.008 Implementation Grant Scoring Criteria

History

• Rulemaking Authority 163.2523 FS. Law Implemented 163.2511, 163.2514, 163.2517, 163.2520, 163.2523, 163.2526 FS. History–New 7-25-00, Formerly 9B-69.008, Repealed by Section 1, Chapter 2012-90, Laws of Florida, 7-1-12.

Fla. Admin. Code R. 73C-27.009 Contracts

History

• Rulemaking Authority 163.2523 FS. Law Implemented 163.2511, 163.2514, 163.2517, 163.2520, 163.2523, 163.2526 FS. History–New 7-25-00, Formerly 9B-69.009, Repealed by Section 1, Chapter 2012-90, Laws of Florida, 7-1-12.

Fla. Admin. Code R. 73C-27.010 Monitoring and Reporting Requirements

History

• Rulemaking Authority 163.2523 FS. Law Implemented 163.2511, 163.2514, 163.2517, 163.2520, 163.2523, 163.2526 FS. History–New 7-25-00, Formerly 9B-69.010, Repealed by Section 1, Chapter 2012-90, Laws of Florida, 7-1-12.

Chapter 73C-40 COMMUNITY PLANNING: RULES OF PROCEDURE AND PRACTICE PERTAINING TO DEVELOPMENTS OF REGIONAL IMPACT

Fla. Admin. Code R. 73C-40.001 Definitions

History

• Rulemaking Authority 380.032(2)(a), 380.06(23)(a) FS. Law Implemented 380, 380.031, 380.06(1), (23) FS. History–New 4-12-81, Amended 5-4-83, Formerly 27F-1.01, 9B-16.01, Amended 11-20-90, 2-21-01, Formerly 9J-2.001, Repealed 7-13-17.

Fla. Admin. Code R. 73C-40.010 Forms

History

• Rulemaking Authority 380.032(2)(a), 380.06(15)(c)4., (19)(f)1., (23)(a), (c)2., (26) FS. Law Implemented 380.031(13), 380.06(4)-(10), (15)(c)4., (18), (19), (23)(c)2., (26) FS. History–New 4-12-81, Amended 5-4-83, Formerly 27F-1.31, 9B-16.17, 9J-2.017, Amended 11-20-90, 3-23-94, 2-21-01, 6-1-03, Formerly 9J-2.010, Repealed 7-13-17.

Fla. Admin. Code R. 73C-40.015 Clearance Letters

History

• Rulemaking Authority 380.032(2)(a), 380.06(23)(a), 380.0651(4)(f) FS. Law Implemented 380.032(2), 380.06(4)(i), 380.0651(4) FS. History–New 11-20-90, Amended 6-1-03, Formerly 9J-2.015, Repealed by Ch. 2018-158, L.O.F. 4-6-18.

Fla. Admin. Code R. 73C-40.016 Binding Letters of Interpretation

History

• Rulemaking Authority 380.032(2)(a), 380.06(23)(a) FS. Law Implemented 380.032, 380.06(1), (2)(c), (d), (e), (4), (20), 380.0651 FS. History–New 4-12-81, Amended 5-4-83, Formerly 27F-1.16, 9B-16.16, Amended 11-20-90, 2-21-01, 6-1-03, Formerly 9J-2.0016, Amended 7-13-17, Repealed by Ch. 2018-158, L.O.F. 4-6-18.

Fla. Admin. Code R. 73C-40.0185 Preliminary Development Agreements

History

• Rulemaking Authority 380.032(2)(a), 380.06(23)(a) FS. Law Implemented 380.032(3), 380.06(8), 380.0651(4) FS. History–New 1-29-86, Amended 7-2-86, 11-20-90, 2-21-01, 6-1-03, Formerly 9J-2.0185, Amended 7-13-17, Repealed by Ch. 2018-158, L.O.F. 4-6-18.

Fla. Admin. Code R. 73C-40.021 Preparation, Filing, and Review of Applications for Development Approval

History

• Rulemaking Authority 380.032(2)(a), 380.06(23)(a), (b) FS. Law Implemented 380.06(5)-(7), (9), (10), (12), (21)-(23), (25), 380.061 FS. History–New 5-4-83, Formerly 9B-16.21, Amended 11-20-90, 2-21-01, Formerly 9J-2.021, Amended 7-13-17, Repealed by Ch. 2018-158, L.O.F. 4-6-18.

Fla. Admin. Code R. 73C-40.022 Filing the Application for Development Approval

History

• Rulemaking Authority 380.032(2)(a), 380.06(23)(a) FS. Law Implemented 380.06(5)-(7), (9), (10), (21), (22), (25), 380.061 FS. History–New 7-7-76, Amended 5-4-83, Formerly 27F-1.20, 9B-16.22, Amended 11-20-90, 2-21-01, Formerly 9J-2.022, Repealed 7-13-17.

Fla. Admin. Code R. 73C-40.024 Regional Report and Recommendations

History

• Rulemaking Authority 380.032(2)(a), 380.06(23)(a), (b) FS. Law Implemented 380.06(12) FS. History–New 7-7-76, Amended 5-4-83, Formerly 27F-1.22, 9B-16.24, Amended 11-20-90, 2-21-01, 6-1-03, Formerly 9J-2.024, Repealed 7-13-17.

Fla. Admin. Code R. 73C-40.025 Local Government Development Orders

History

• Rulemaking Authority 380.032(2)(a), 380.06(19)(f)1., (23)(a) FS. Law Implemented 380.06(5)(a)1., (13), (14), (15), (17), (18), (19) FS. History–New 7-7-76, Amended 5-4-83, 7-7-85, Formerly 22F-1.23, 27F-1.23, 9B-16.25, 9J-2.25, Amended 11-20-90, 2-21-01, 6-1-03, Formerly 9J-2.025, Amended 7-13-17, Repealed by Ch. 2018-158, L.O.F. 4-6-18.

Fla. Admin. Code R. 73C-40.0251 Abandonment of Development Orders

History

• Rulemaking Authority 380.032(2)(a), 380.06(23)(a), (26) FS. Law Implemented 380.06(2), (26) FS. History–New 3-10-91, Amended 2-21-01, 6-1-03, Formerly 9J-2.0251, Amended 7-13-17, Repealed by Ch. 2018-158, L.O.F. 4-6-18.

Fla. Admin. Code R. 73C-40.0252 Development of Regional Impact Review Fee Rule

History

• Rulemaking Authority 380.032(2)(a), 380.06(23)(a), (d) FS. Law Implemented 380.06(23)(d) FS. History–New 11-14-90, Amended 2-21-01, 5-22-05, Formerly 9J-2.0252, Repealed by Ch. 2018-158, L.O.F. 4-6-18.

Fla. Admin. Code R. 73C-40.0256 Hurricane Preparedness Policy Rule; Special Hurricane Preparedness Districts

History

• Rulemaking Authority 380.032(2)(a), 380.06(23)(a), (b), (c)1. FS. Law Implemented 380.06(23)(b) FS. History–New 11-30-88, Amended 7-11-90, Amended 2-21-01, Formerly 9J-2.0256, Amended 7-13-17, Repealed by Ch. 2018-158, L.O.F. 4-6-18.

Fla. Admin. Code R. 73C-40.0257 Special Hurricane Preparedness Districts for Developments of Regional Impact

History

• Rulemaking Authority 380.032(2)(a), 380.06(23)(a), (b), (c)1. FS. Law Implemented 380.06, 380.06(23)(b) FS. History–New 11-30-88, Amended 7-11-90, 2-21-01, Formerly 9J-2.0257, Repealed 7-13-17.

Fla. Admin. Code R. 73C-40.027 Monitoring and Enforcement

History

• Rulemaking Authority 380.032(2), 380.06(23) FS. Law Implemented 380.06(15), (17)-(19), 380.11 FS. History–New 5-4-83, Formerly 9B-16.27, Amended 11-20-90, 6-1-03, Formerly 9J-2.027, Repealed by Ch. 2018-158, L.O.F. 4-6-18.

Fla. Admin. Code R. 73C-40.0275 Aggregation Rule

History

• Rulemaking Authority 380.032(2)(a), 380.06(23)(a), 380.0651(4)(f) FS. Law Implemented 380.0651(4) FS. History–New 2-2-89, Amended 2-21-01, Formerly 9J-2.0275, Repealed by Ch. 2018-158, L.O.F. 4-6-18.

Fla. Admin. Code R. 73C-40.028 Alternative Review Procedures

History

• Rulemaking Authority 380.032(2), 380.06(21)(c), (23) FS. Law Implemented 380.06(21), (22) FS. History–New 7-7-76, Amended 5-4-83, Formerly 27F-1.24, 9B-16.28, Amended 11-20-90, Formerly 9J-2.028, Amended 7-13-17, Repealed by Ch. 2018-158, L.O.F. 4-6-18.

Fla. Admin. Code R. 73C-40.029 Downtown Development of Regional Impact Alternative Review Procedure

History

• Rulemaking Authority 380.032(2), 380.06(23) FS. Law Implemented 380.06(22) FS. History–New 5-4-83, Formerly 9B-16.29, Amended 11-20-90, 6-1-03, Formerly 9J-2.029, Repealed 7-13-17.

Fla. Admin. Code R. 73C-40.040 The Application of State, Regional and Local Plans in DRI Uniform Standard Rules

History

• Rulemaking Authority 380.032(2)(a), 380.06(23)(a), (c)1. FS. Law Implemented 380.021, 380.06, 380.06(23)(b), (c)1., 380.065, 380.07 FS. History–New 3-23-94, Amended 2-21-01, Formerly 9J-2.040, Repealed by Ch. 2018-158, L.O.F. 4-6-18.

Fla. Admin. Code R. 73C-40.041 Listed Plant and Wildlife Resources Uniform Standard Rule

History

• Rulemaking Authority 380.032(2), 380.06(23) FS. Law Implemented 380.021, 380.06, 380.065, 380.07 FS. History–New 4-25-94, Amended 6-1-03, Formerly 9J-2.041, Repealed by Ch. 2018-158, L.O.F. 4-6-18.

Fla. Admin. Code R. 73C-40.043 Archaeological and Historical Resources Uniform Standard Rule

History

• Rulemaking Authority 380.032(2)(a), 380.06(23)(a), (c)1. FS. Law Implemented 380.021, 380.06, 380.065, 380.07 FS. History–New 3-23-94, Amended 2-21-01, 6-1-03, Formerly 9J-2.043, Repealed by Ch. 2018-158, L.O.F. 4-6-18.

Fla. Admin. Code R. 73C-40.044 Hazardous Material Usage, Potable Water, Wastewater, and Solid Waste Facilities Uniform Standard Rule

History

• Rulemaking Authority 380.032(2)(a), 380.06(23)(a), (c)1. FS. Law Implemented 380.021, 380.06, 380.065, 380.07 FS. History–New 4-25-94, Amended 2-21-01, 6-1-03, Formerly 9J-2.044, Repealed by Ch. 2018-158, L.O.F. 4-6-18.

Fla. Admin. Code R. 73C-40.045 Transportation Uniform Standard Rule

History

• Rulemaking Authority 380.032(2)(a), 380.06(23)(a), (c)1. FS. Law Implemented 380.021, 380.06, 380.061, 380.065, 380.07 FS. History–New 3-23-94, Amended 2-21-01, 6-1-03, Formerly 9J-2.045, Repealed by Ch. 2018-158, L.O.F. 4-6-18.

Fla. Admin. Code R. 73C-40.046 Air Quality Uniform Standard Rule

History

• Rulemaking Authority 380.032(2)(a), 380.06(23)(a), (c)1. FS. Law Implemented 380.021, 380.06, 380.065, 380.07 FS. History–New 3-23-94, Amended 2-21-01, 6-1-03, Formerly 9J-2.046, Repealed by Ch. 2018-158, L.O.F. 4-6-18.

Fla. Admin. Code R. 73C-40.048 Adequate Housing Uniform Standard Rule

History

• Rulemaking Authority 380.032(2)(a), 380.06(23)(a), (c)1. FS. Law Implemented 380.021, 380.06, 380.065, 380.07 FS. History–New 3-23-94, Amended 2-21-01, 6-1-03, Formerly 9J-2.048, Repealed by Ch. 2018-158, L.O.F. 4-6-18.

Chapter 73C-41 COMMUNITY PLANNING; GOVERNING THE PROCEDURE FOR THE SUBMITTAL AND REVIEW OF LOCAL GOVERNMENT COMPREHENSIVE PLANS AND AMENDMENTS

Fla. Admin. Code R. 73C-41.019 Actions for Review of Local Government Land Development Regulations

(1) Reasonable Grounds. If the Department has reasonable grounds to believe that a local government has failed to adopt one or more of the regulations required by section 163.3202, F.S., the Department shall mail a certified letter, return receipt requested, to the chief local elected official requiring the local government to transmit two copies of its adopted regulations, including regulations of other agencies if incorporated into the local government’s regulations, to the Department of Economic Opportunity, Division of Community Development, within 30 calendar days from receipt of the letter from the Department. The regulations submitted must include copies of any separate adopting or enabling legislation. All copies of regulations and legislation must be certified as true and correct copies of the originals by the city or county clerk.

(a) The Department shall consider that reasonable grounds exist only if the Department of Economic Opportunity, Division of Community Development, has received a letter stating facts which show that the local government has completely failed to adopt one or more of the regulations required by section 163.3202(2), F.S., within one year after submission of its revised comprehensive plan for review pursuant to section 163.3191, F.S. The letter shall include the name, address, telephone number and signature of the sender and shall provide any relevant background documentation and specific reasons for the assertion that the required regulations have not been adopted.

(b) The local government shall respond to the Department’s letter within 30 calendar days from receipt of the letter indicating either:

1. The regulations have been adopted, and submit two copies of the required regulations, including copies of any separate adopting or enabling legislation, to the Department of Economic Opportunity, Division of Community Development. All copies of regulations and legislation must be certified as true and correct copies of the originals by the city or county clerk; or

2. The actions the local government has already taken or will take to develop and adopt the required regulations and shall include a schedule approved by formal action of the local governing body for adoption of the regulations. The schedule must provide for the adoption of the required regulations within 120 calendar days from receipt of the Department’s initial letter requesting copies of the regulations. The local government may request an extension of time from the Department during the 120 day period. If the local government requests an extension of the 120 days, the Department must grant or deny the extension within 14 calendar days of receipt of the request. The Department shall not grant an extension unless substantial evidence exists that the local government is unable to adopt the regulations within the 120 day period. Upon adoption of the regulations pursuant this subsection, the local government shall transmit the adopted regulations in accordance with subparagraph (2)(b)1.

(2) Once the local government transmits the adopted regulations, as provided above, the Department shall have 30 calendar days from receipt of the regulations to determine whether the local government has totally complied with the requirements of section 163.3202, F.S.

(3) Upon receipt of the adopted regulations, the Department shall consult with appropriate local government officials during this period to assure that the local government has opportunities to discuss any of the regulations in question. The review shall be for the sole purpose of determining whether or not the required regulations have been adopted, and shall not address the consistency of the regulations with the plan. The Department shall review regulations of any other agency utilized as an integral part of the development approval process and incorporated into the single land development code.

(4) If the Department determines that the local government has adopted all of the required regulations, the Department will notify the chief local elected official and initiating party in writing within 30 calendar days of the Department’s receipt of the regulations from the local government.

(5) If the Department determines that the local government has completely failed to adopt one or more of the regulations required by section 163.3202, F.S., the Department shall notify the chief local elected official and initiating party in writing within 30 calendar days of receipt of the regulations for review from the local government.

(a) The letter to the local government shall be certified, return receipt requested. In its notification letter, the Department will specify which of the required regulations have not been adopted and the justification for the Department’s determination.

(b) The local government shall have 90 calendar days from receipt of the Department’s notification letter to adopt the required regulations. The local government may request an extension of time from the Department during the 90 day period. If the local government requests an extension of the 90 days, the Department must grant or deny the extension within 14 calendar days of receipt of the request. The Department shall not grant an extension unless substantial evidence exists that the local government is unable to adopt the regulations within the 90 day period.

(c) If the local government does not provide to the Department copies of the regulations in question or a letter and approved schedule stating the local government will adopt the regulations within the required time period, the Department shall institute an action in circuit court to require adoption of these regulations, if they have not been adopted. The Department shall also institute such an action if the local government fails to adopt the regulations in accordance with the schedule it provides to the Department, or within the additional time agreed to by the Department.

History

• Rulemaking Authority 163.3202(5) FS. Law Implemented 163.3202 FS. History–New 11-6-96, Amended 4-8-99, 11-24-02, 5-12-10, Formerly 9J-11.019, Amended 7-13-17.

Fla. Admin. Code R. 73C-41.020 Action to Review Land Development Regulations

History

• Rulemaking Authority 163.3202(5) FS. Law Implemented 163.3202 FS. History–New 11-6-96, Amended 4-8-99, 11-24-02, 6-30-05, Formerly 9J-11.020, Repealed 7-13-17.

Fla. Admin. Code R. 73C-41.021 Action if Local Government Has Failed to Adopt the Required Land Development Regulations

History

• Rulemaking Authority 163.3202(5) FS. Law Implemented 163.3202 FS. History–New 11-6-96, Amended 4-8-99, 5-12-10, Formerly 9J-11.021, Repealed 7-13-17.

Chapter 73C-42 COMMUNITY PLANNING; RULES OF PROCEDURE AND PRACTICE PERTAINING TO FLORIDA QUALITY DEVELOPMENTS

Fla. Admin. Code R. 73C-42.002 Definitions

History

• Rulemaking Authority 380.032(2)(a), 380.061(8)(b) FS. Law Implemented 380.061 FS. History–New 1-23-90, Amended 3-1-01, Formerly 9J-28.002, Repealed by Chapter 2018-158, L.O.F.

Fla. Admin. Code R. 73C-42.005 Notices, Agenda, Conduct of Proceedings

History

• Rulemaking Authority 380.032(2)(a), 380.061(8)(b) FS. Law Implemented 380.061 FS. History–New 1-23-90, Amended 3-1-01, Formerly 9J-28.005, Repealed 4-25-17.

Fla. Admin. Code R. 73C-42.006 Application Forms

History

• Rulemaking Authority 380.032(2)(a), 380.061(4), (8)(b) FS. Law Implemented 380.061, 380.061(4) FS. History–New 1-23-90, Amended 3-1-01, Formerly 9J-28.006, Repealed 7-3-17.

Fla. Admin. Code R. 73C-42.007 Preliminary Development Agreements

History

• Rulemaking Authority 380.061(8)(b) FS. Law Implemented 380.06(8)(c), 380.061 FS. History–New 1-23-90, Formerly 9J-28.007, Repealed by Chapter 2018-158, L.O.F.

Fla. Admin. Code R. 73C-42.008 General Requirements

History

• Rulemaking Authority 380.061(8)(b) FS. Law Implemented 380.061 FS. History–New 1-23-90, Formerly 9J-28.008, Repealed 4-25-17.

Fla. Admin. Code R. 73C-42.009 Requirements for Designation as a Florida Quality Development

History

• Rulemaking Authority 380.032(2)(a), 380.061(3), (8)(b) FS. Law Implemented 380.061, 380.061(3) FS. History–New 1-23-90, Amended 3-1-01, Formerly 9J-28.009, Repealed by Chapter 2018-158, L.O.F.

Fla. Admin. Code R. 73C-42.010 Preapplication and Application Procedures

History

• Rulemaking Authority 380.032(2)(a), 380.061(4), (8)(b) FS. Law Implemented 380.061(5)(b), (6) FS. History–New 1-23-90, Formerly 9J-28.010, Amended 7-3-17, Repealed by Chapter 2018-158, L.O.F.

Fla. Admin. Code R. 73C-42.011 Filing the Application for Development Designation

History

• Rulemaking Authority 380.032(2)(a), 380.061, 380.061(8)(b) FS. Law Implemented 380.061, 380.061(5)(b), (6) FS. History–New 1-23-90, Amended 3-1-01, Formerly 9J-28.011, Repealed 7-3-17.

Fla. Admin. Code R. 73C-42.012 Development-of-Regional-Impact Conversion

History

• Rulemaking Authority 380.061(8)(b) FS. Law Implemented 380.061 FS. History–New 1-23-90, Formerly 9J-28.012, Repealed by Chapter 2018-158, L.O.F.

Fla. Admin. Code R. 73C-42.013 Designation or Non-Designation of Proposed Development by Reviewing Entities

History

• Rulemaking Authority 380.061(8)(b) FS. Law Implemented 380.061 FS. History–New 1-23-90, Formerly 9J-28.013, Repealed 4-25-17.

Fla. Admin. Code R. 73C-42.020 Duties of Review Board Staff

History

• Rulemaking Authority 380.032(2)(a), 380.061(6)(d), (8)(b) FS. Law Implemented 380.061, 380.061(6)(a) FS. History–New 1-23-90, Amended 3-1-01, Formerly 9J-28.020, Repealed 4-25-17.

Fla. Admin. Code R. 73C-42.023 Florida Quality Development Orders

History

• Rulemaking Authority 380.032(2)(a), 380.061(8)(b) FS. Law Implemented 380.061 FS. History–New 1-23-90, Amended 3-1-01, Formerly 9J-28.023, Amended 7-3-17, Repealed by Chapter 2018-158, L.O.F.

Fla. Admin. Code R. 73C-42.024 Substantial Change

History

• Rulemaking Authority 380.061(8)(b) FS. Law Implemented 380.061 FS. History–New 1-23-90, Formerly 9J-28.024, Repealed 7-3-17.

Fla. Admin. Code R. 73C-42.025 Monitoring and Enforcement

History

• Rulemaking Authority 380.061(8)(b) FS. Law Implemented 380.061 FS. History–New 1-23-90, Formerly 9J-28.025, Repealed by Chapter 2018-158, L.O.F.

Chapter 73C-43 COMMUNITY PLANNING; LOCAL GOVERNMENT COMPREHENSIVE PLANNING CERTIFICATION PROGRAM

Fla. Admin. Code R. 73C-43.001 Purpose and Definitions

(1) This rule chapter sets forth procedures governing local government applications for participation in the Local Government Comprehensive Planning Certification Program and the review and evaluation of those applications by the Department of Economic Opportunity, Division of Community Development.

(2) Definitions:

(a) “Agreement” means a written instrument between the Department and one or more local governments that certifies all or part of the local government(s) and includes the components specified in section 163.3246(5), F.S.

(b) “Applicant” means one or more local governments that submit an application for certification pursuant to the Local Government Comprehensive Planning Certification Program.

(c) “Application” means a written request for certification in which an applicant provides all necessary information and documentation to demonstrate that it meets the eligibility criteria of section 163.3246(2), F.S., and that the area sought to be certified meets the criteria of section 163.3246(5), F.S.

(d) “Certification” means the selection of local governments for participation in the Local Government Comprehensive Planning Certification Program by execution of a written Agreement.

(e) “Local Government Comprehensive Planning Certification Program” means the program established in section 163.3246, F.S.

History

• Rulemaking Authority 163.3246(6) FS. Law Implemented 163.3246 FS. History–New 12-22-02, Formerly 9J-35.001, Amended 4-25-17.

Fla. Admin. Code R. 73C-43.002 Definitions

History

• Rulemaking Authority 163.3246(6) FS. Law Implemented 163.3246 FS. History–New 12-22-02, Formerly 9J-35.002, Repealed 4-25-17.

Fla. Admin. Code R. 73C-43.003 Application for Certification

(1) Application Period. Local governments may submit applications for certification only during the period beginning January 5 (or the first business day following January 5) and ending February 4 (or the first business day following February 4) each year. Applications received prior to 8:00 a.m. (EST) January 5 or after 5:00 p.m. (EST) February 4 will not be considered for certification in the subsequent state fiscal year and will be returned to the applicant local government(s), unless the applicant has been previously determined to be eligible for certification.

(2) Application Submission.

(a) Applications for certification shall be submitted in accordance with sections 163.3246(2) and (4), F.S., and must provide all information and address all eligibility criteria listed in those sections.

(b) Applications shall be mailed or delivered to: Plan Review and Processing Administrator, Florida Department of Economic Opportunity, Division of Community Development, 107 East Madison Street, MSC #160, Caldwell Building, Tallahassee, Florida 32399-6545. Facsimile transmissions will not be accepted.

(c) Applications must be transmitted by cover letter on the applicant’s letterhead. This cover letter must bear an original signature by the chief elected official or designee, must affirm the accuracy of the information contained in the application, and must identify the employee or representative who will serve as the contact person for the applicant.

(d) Applicants must submit three (3) complete sets of application materials, at least one of which must contain a cover letter with an original signature.

(3) Application Review.

(a) Each application shall be time and date stamped when received by the Plan Review and Processing Administrator.

(b) The identified contact person for each applicant will be notified in writing of the receipt and timeliness of the application.

(c) Within ninety (90) days of receipt, the Division shall submit a written assessment of each application to each applicant. The assessment will state whether the application demonstrates that the applicant meets the eligibility criteria of section 163.3246(2), F.S., and whether the area sought to be certified meets the criteria of section 163.3246(5), F.S. The assessment will describe the basis for finding that the applicant does or does not meet the eligibility criteria, and the basis for finding that the area does or does not qualify for certification. Each applicant shall be provided a copy of the assessment.

(d) Within thirty (30) days of the date of an assessment indicating one or more eligibility criteria have not been satisfied, the applicant may submit written explanations of information contained in its application to demonstrate that the application meets the questioned criteria. Such clarifying information may be submitted only in response to the Division’s assessment. No new information may be submitted.

(4) Identification of Eligible Applicants.

(a) After expiration of the 30-day period to submit such information, and no later than 45 days after receipt of any information submitted pursuant to paragraph (3)(d) of this rule, the Director of the Division of Community Development shall determine whether the application demonstrates that the applicant meets the eligibility criteria of section 163.3246(2), F.S., and whether the area sought to be certified meets the criteria of section 163.3246(5), F.S.

(b) The Division shall prioritize applications meeting eligibility criteria in the order received pursuant to the process identified in paragraph 73C-43.003(3)(a), F.A.C. Local governments submitting the first eight qualifying applications will be eligible to become certified in any fiscal year.

(c) The Division shall notify each applicant whether its application satisfies eligibility criteria and whether it is included among the eight applicants selected to become certified.

History

• Rulemaking Authority 163.3246(6) FS. Law Implemented 163.3246 FS. History–New 12-22-02, Formerly 9J-35.003, Amended 4-25-17.

Fla. Admin. Code R. 73C-43.004 Application Submission

History

• Rulemaking Authority 163.3246(6) FS. Law Implemented 163.3246 FS. History–New 12-22-02, Formerly 9J-35.004, Repealed 4-25-17.

Fla. Admin. Code R. 73C-43.005 Application Review

History

• Rulemaking Authority 163.3246(6) FS. Law Implemented 163.3246 FS. History–New 12-22-02, Transferred 9J-35.005, Repealed 4-25-17.

Fla. Admin. Code R. 73C-43.006 Identification of Eligible Applicants

History

• Rulemaking Authority 163.3246(6) FS. Law Implemented 163.3246 FS. History–New 12-22-02, Formerly 9J-35.006, Repealed 4-25-17.

Fla. Admin. Code R. 73C-43.007 Certification Agreement

(1) Following the selection of applications described above, the Division shall certify all or part of each selected local government through a written agreement containing the components specified in section 163.3246(5), F.S.

(2) If an applicant selected for certification in rule 73C-43.006, F.A.C., chooses not to become certified or is disqualified through a challenge filed under section 120.569, F.S., or the Division and a selected applicant fail to reach an agreement, the Division shall offer the next eligible applicant, as determined pursuant to subsection 73C-43.006(2), F.A.C., the opportunity to become certified through a written agreement.

(3) Local government applications that meet eligibility criteria but are not included in the first eight for which agreements are executed in a fiscal year will be given highest priority, in the order received, for certification in the subsequent fiscal year. Local governments wishing to retain such priority shall, during the application period described in rule 73C-43.003, F.A.C, submit the following to the Plan Review and Processing Administrator pursuant to rule 73C-43.004, F.A.C.:

(a) A letter of intent to renew the application, which is submitted on the applicant’s letterhead and signed by the chief elected official or designee;

(b) Documentation of the public hearing on the renewal of the application held pursuant to section 163.3246(2)(d), F.S.; and,

(c) Three (3) complete sets of materials that provide the information needed to update the application to reflect any changes within the jurisdiction, including amendments to the local government comprehensive plan or implementing regulations that were adopted subsequent to the submittal of the original application.

(d) Updated comment letters regarding the appropriateness of the proposed certification from the state and regional review agencies.

History

• Rulemaking Authority 163.3246(6) FS. Law Implemented 163.3246 FS. History–New 12-22-02, Formerly 9J-35.007.

Chapter 73C-44 COMMUNITY PLANNING; DEVELOPMENT ORDER REQUIREMENTS FOR AREAS OF CRITICAL STATE CONCERN

Fla. Admin. Code R. 73C-44.002 Development Orders

(1) Local governments located in Areas of Critical State Concern are required to issue and to render to the Department of Economic Opportunity (department) development orders pursuant to sections 380.05, and 380.07, F.S. Examples of actions for which these sections require issuance and rendition of a development order include, but are not limited to:

(a) Zoning;

(b) Rezoning;

(c) Special use or special exception;

(d) Variance;

(e) Plat approval;

(f) Major development review;

(g) Community impact assessment;

(h) Building permit;

(i) Fill permit;

(j) Excavation permit;

(k) Landclearing or landscaping permit;

(l) Any change or amendment to a previously issued development order;

(m) Any other action having the effect of permitting development as defined in section 380.04, F.S.

(2) A development order issued for any action described in subsection 73C-44.002(1), F.A.C., is the written recordation of the action, identified as such by the local government, and includes all exhibits, applications or documents attached to or incorporated by reference in the written recordation of the action. It shall be signed by a member of the official body issuing the order, or an authorized representative of the body, and certified as being a complete, accurate copy of the order including all attachments, plans, and written materials.

(3) The Department may, on its own initiative or at the request of an affected governmental entity, provide in writing that particular types of local government development orders or categories of local government development orders shall be exempt from the requirements of this rule.

(4) The term development orders shall not include procedural or preliminary administrative rulings by a local government official or local government body which do not have the effect of permitting development as defined in section 380.04, F.S.

History

• Rulemaking Authority 380.07 FS. Law Implemented 380.05 FS. History–New 4-17-85, Formerly 9J-1.002.

Fla. Admin. Code R. 73C-44.003 Rendition

(1) As used in this chapter, rendition or rendering means issuance of a written development order and transmittal by the local government of the order together with all pertinent attachments to the Department and to any other recipients specified by statutes, rules or ordinances related to the Area of Critical State Concern. Transmittal of a complete development order shall be made by hand delivery or by U.S. Mail addressed to the Tallahassee Office of the Division of Community Development, 107 East Madison Street, MSC #160, Caldwell Building, Tallahassee, Florida 32399-6545, or to any field office, employee or agent of the Department specified in writing by the Department. The postmark date on mail sent certified return receipt shall be prima facie evidence of transmittal by mail to the Department or other specified recipients. The dated signature of a department employee shall be prima facie evidence of transmittal to the Department by hand delivery on that date.

(2) Development orders shall not be rendered until the time within which to file any local administrative appeals pursuant to local ordinances has expired. If no local administrative appeal is filed, a development order shall be rendered within five days after expiration of the applicable appeal period. If a local administrative appeal is filed, the development order shall be rendered within five days after resolution of the local administrative appeal and expiration of any subsequently applicable appeal periods authorized by local ordinances.

(3) A development order shall not take effect or be acted upon by the developer until 45 days after rendition, unless a later date is specified in the order, and the effectiveness of a development order shall be stayed by the filing of a notice of appeal pursuant to section 380.07, F.S. Whenever possible, local governments shall issue concurrently all local permits or development orders that may be applicable to the proposed development.

History

• Rulemaking Authority 380.07 FS. Law Implemented 380.05 FS. History–New 4-17-85, Formerly 9J-1.003.

Chapter 73C-45 COMMUNITY PLANNING; REGULATIONS FOR THE GREEN SWAMP AREA OF CRITICAL STATE CONCERN, POLK COUNTY

Fla. Admin. Code R. 73C-45.013 Rejection of Polk County Ordinance 95-69 Adopting Land Development Regulations Applicable to the Green Swamp Area of Critical State Concern

History

• Rulemaking Authority 380.05(6), (11) FS. Law Implemented 380.05(6), (11) FS. History–New 7-7-96, Formerly 9J-9.013, Repealed by operation of law, Chapter 97-253, L.O.F., May 30, 1997.

Chapter 73C-46 COMMUNITY PLANNING; REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN, MONROE COUNTY

Fla. Admin. Code R. 73C-46.003 Approval of Portions of Monroe County Comprehensive Plan

History

• Rulemaking Authority 380.05(14) FS. Law Implemented 380.05(6), (8), (14) FS. History–New 9-15-86, Formerly 9J-14.003, Repealed by operation of law, Chapter 97-253, L.O.F., May 30, 1997.

Fla. Admin. Code R. 73C-46.004 Approval of Portions of the Monroe County Land Development Regulations

History

• Rulemaking Authority 380.05(14) FS. Law Implemented 380.05(6), (8), (14) FS. History–New 9-15-86, Formerly 9J-14.004, Repealed by operation of law, Chapter 97-253, L.O.F., May 30, 1997.

Fla. Admin. Code R. 73C-46.006 Approval of Amendments to the Monroe County Land Development Regulations

History

• Rulemaking Authority 380.0552(9) FS. Law Implemented 380.0552(9) FS. History–New 6-27-88, Amended 8-7-89, 1-23-97, Formerly 9J-14.006, Repealed by operation of law, Chapter 97-253, L.O.F., May 30, 1997.

Fla. Admin. Code R. 73C-46.0071 Rejection of Amendments to Monroe County’s Land Development Regulations

History

• Rulemaking Authority 380.0552(9) FS. Laws Implemented 380.0552(9) FS. History–New 1-23-97, Formerly 9J-14.0071, Repealed by operation of law, Chapter 97-253, L.O.F., May 30, 1997.

Fla. Admin. Code R. 73C-46.0081 Approval of Amendments to the Monroe County Comprehensive Plan

History

• Rulemaking Authority 380.0552(9) FS. Law Implemented 380.0552(9) FS. History–New 1-23-97, Formerly 9J-14.0081, Repealed by operation of law, Chapter 97-253, L.O.F., May 30, 1997.

Fla. Admin. Code R. 73C-46.0091 Rejection of Amendments to the Monroe County Comprehensive Plan

History

• Rulemaking Authority 380.0552(9) FS. Law Implemented 380.0552(7), (9) FS. History–New 1-23-97, Formerly 9J-14.0091, Repealed by operation of law, Chapter 97-253, L.O.F., May 30, 1997.

Fla. Admin. Code R. 73C-46.020 Purpose and Effect

History

• Rulemaking Authority 380.0552(9) FS. Law Implemented 380.0552(2), (7), (9) FS. History–New 1-4-96, Formerly 9J-14.020, Repealed by operation of law, Chapter 97-253, L.O.F., May 30, 1997.

Fla. Admin. Code R. 73C-46.021 Rejection of a Portion of Section 8 of Monroe County Ordinance 016-1993, Placing Conditions on the Adoption of the Monroe County Comprehensive Plan

History

• Rulemaking Authority 380.0552(9) FS. Law Implemented 380.0552(2), (7), (9) FS. History–New 1-4-96, Formerly 9J-14.021, Repealed by operation of law, Chapter 97-253, L.O.F., May 30, 1997.

Fla. Admin. Code R. 73C-46.022 Approval and Rejection of Portions of Monroe County Comprehensive Plan

History

• Rulemaking Authority 380.05552(9) FS. Law Implemented 380.0552(2), (7), (9) FS. History–New 1-4-96, Formerly 9J-14.022, Repealed by operation of law, Chapter 97-253, L.O.F., May 30, 1997.

Fla. Admin. Code R. 73C-46.034 Rejection of Monroe County Ordinance 031-1995

History

• Rulemaking Authority 380.0552(9) FS. Law Implemented 380.0552(7), (9) FS. History–New 2-19-96, Formerly 9J-14.034, Repealed by operation of law, Chapter 97-253, L.O.F., May 30, 1997.

Chapter 73C-47 COMMUNITY PLANNING; APPROVAL OF PORTIONS OF THE CITY OF KEY COLONY BEACH COMPREHENSIVE PLAN

Fla. Admin. Code R. 73C-47.003 Approval of Portions

History

• Rulemaking Authority 380.05(14) FS. Law Implemented 380.05(6), (8), (14) FS. History–New 2-18-87, Formerly 9J-17.003, Repealed by operation of law, Chapter 97-253, L.O.F., May 30, 1997.

Chapter 73C-48 COMMUNITY PLANNING; REGULATIONS FOR THE CITY OF KEY WEST AREA OF CRITICAL OF STATE CONCERN

Fla. Admin. Code R. 73C-48.004 Supersession of Original Regulations

History

• Rulemaking Authority 380.05(10) FS. Law Implemented 380.05(10) FS. History–New 4-12-88, Formerly 9J-22.004, Repealed 6-27-18.

Fla. Admin. Code R. 73C-48.005 Approval of Amendments to the City of Key West Land Development Regulations

History

• Rulemaking Authority 380.05(6), (10) FS. Law Implemented 380.05(6), (10) FS. History–New 10-26-88, Amended 12-4-96, Formerly 9J-22.005, Repealed 6-27-18.

Fla. Admin. Code R. 73C-48.024 Rejection of Amendments to the City of Key West Land Development Regulations

History

• Rulemaking Authority 380.05(6), (10), (11) FS. Law Implemented 380.05(11) FS. History–New 10-5-94, Amended 12-4-96, Formerly 9J-22.0024, Repealed 6-27-18.

Fla. Admin. Code R. 73C-48.032 Rejection of a Portion of the City of Key West’s Land Development Regulation (Ordinance No. 95-31)

History

• Rulemaking Authority 380.05(6), (10), (11) FS. Law Implemented 380.05(11) FS. History–New 3-20-96, Formerly 9J-22.032, Repealed 6-27-18.

Chapter 73C-49 COMMUNITY PLANNING - SCHEDULE FOR LOCAL GOVERNMENTS EVALUATION AND APPRAISAL NOTIFICATION LETTER

Fla. Admin. Code R. 73C-49.001 Purpose and Effect; Schedule

(1) The purpose of this chapter is to establish the due dates for the evaluation and appraisal notification letter to be submitted by the local governing body and sent to the department pursuant to Section 163.3191(1), F.S. The evaluation and appraisal notification letter is the principal process for updating local comprehensive plans to reflect changes in state requirements in Chapter 163, Part II, F.S., since the last update of the comprehensive plan. The schedule divides the workload for the department over the submittal period and meets the required local governments deadlines set in Section 163.3191, F.S. Local governments which fail to submit the notification letter by their scheduled due date are subject to provisions of Section 163.3191(4), F.S.

(2) Local governing bodies shall submit their evaluation and appraisal notification letter to the Department of Economic Opportunity, Bureau of Community Planning, Caldwell Building, 107 East Madison Street, MSC 160, Tallahassee, FL 32399-6545, Attention Plan Processing Unit, in accordance with the schedule set forth below, and on the same day and month every seven years thereafter:

LOCAL

GOVERNMENT

NOTIFICATION

DUE DATE

ALACHUA CITY

1/1/2019

ALACHUA COUNTY

4/1/2018

ALFORD

1/1/2020

ALTAMONTE SPRINGS

10/1/2017

ALTHA

5/1/2021

ANNA MARIA

12/1/2021

APALACHICOLA

2/1/2019

APOPKA

8/1/2017

ARCADIA

2/1/2019

ARCHER

12/1/2020

ASTATULA

2/1/2020

ATLANTIC BEACH

3/1/2017

ATLANTIS

11/1/2020

AUBURNDALE

11/1/2017

AVENTURA

1/1/2021

AVON PARK

3/1/2022

BAKER COUNTY

4/1/2018

BAL HARBOUR

1/1/2020

BALDWIN

6/1/2018

BARTOW

10/1/2017

BASCOM

2/1/2020

BAY COUNTY

10/1/2023

BAY HARBOR ISLAND

2/1/2019

BAY LAKE

7/1/2017

BELL

11/1/2021

BELLE GLADE

2/1/2022

BELLE ISLE

2/1/2017

BELLEAIR

2/1/2022

BELLEAIR BEACH

2/1/2022

BELLEAIR BLUFFS

2/1/2022

BELLEAIR SHORE

3/1/2022

BELLEVIEW

6/1/2020

BEVERLY BEACH

11/1/2020

BISCAYNE PARK

10/1/2017

BLOUNTSTOWN

3/1/2019

BOCA RATON

10/1/2017

BONIFAY

7/1/2022

BONITA SPRINGS

4/1/2023

BOWLING GREEN

10/1/2020

BOYNTON BEACH

8/1/2022

BRADENTON

9/1/2023

BRADENTON BEACH

7/1/2018

BRADFORD COUNTY

8/1/2018

BRANFORD

12/1/2020

BREVARD COUNTY

12/1/2023

BRINY BREEZES

4/1/2019

BRISTOL

11/1/2020

BRONSON

5/1/2019

BROOKER

4/1/2021

BROOKSVILLE

1/1/2023

BROWARD COUNTY

12/1/2020

BUNNELL

12/1/2020

BUSHNELL

6/1/2021

CALHOUN COUNTY

6/1/2019

CALLAHAN

11/1/2019

CALLAWAY

4/1/2023

CAMPBELLTON

5/1/2020

CAPE CANAVERAL

10/1/2017

CAPE CORAL

10/1/2021

CARRABELLE

4/1/2019

CARYVILLE

10/1/2017

CASSELBERRY

7/1/2023

CEDAR KEY

8/1/2023

CENTER HILL

7/1/2021

CENTURY

10/1/2019

CHARLOTTE COUNTY

4/1/2021

CHATTAHOOCHEE

12/1/2022

CHIEFLAND

5/1/2017

CHIPLEY

8/1/2019

CINCO BAYOU

8/1/2023

CITRUS COUNTY

7/1/2020

CLAY COUNTY

10/1/2023

CLEARWATER

12/1/2022

CLERMONT

10/1/2021

CLEWISTON

3/1/2021

CLOUD LAKE

3/1/2022

COCOA

10/1/2017

COCOA BEACH

1/1/2021

COCONUT CREEK

5/1/2022

COLEMAN

8/1/2021

COLLIER COUNTY

1/1/2021

COLUMBIA COUNTY

7/1/2019

COOPER CITY

12/1/2021

CORAL GABLES

11/1/2023

CORAL SPRINGS

8/1/2020

COTTONDALE

6/1/2020

CRESCENT CITY

6/1/2021

CRESTVIEW

5/1/2017

CROSS CITY

2/1/2019

CRYSTAL RIVER

6/1/2018

CUTLER BAY

4/1/2021

DADE CITY

4/1/2017

DANIA BEACH

2/1/2023

DAVENPORT

10/1/2017

DAVIE

8/1/2023

DAYTONA BEACH

10/01/2023

DAYTONA BEACH SHORES

1/1/2024

DEBARY

10/1/2017

DEERFIELD BEACH

5/1/2021

DEFUNIAK SPRINGS

10/1/2017

DELAND

11/1/2023

DELRAY BEACH

12/1/2022

DELTONA

10/1/2017

DESOTO COUNTY

9/1/2020

DESTIN

1/1/2019

DIXIE COUNTY

11/1/2020

DORAL

6/1/2018

DUNDEE

10/1/2017

DUNEDIN

12/1/2022

DUNNELLON

12/1/2021

DUVAL/JACKSONVILLE

11/1/2023

EAGLE LAKE

5/1/2018

EATONVILLE

12/1/2021

EBRO

10/1/2017

EDGEWATER

4/1/2018

EDGEWOOD

8/1/2019

EL PORTAL

3/1/2019

ESCAMBIA COUNTY

6/1/2017

ESTO

4/1/2020

EUSTIS

11/1/2017

EVERGLADES CITY

3/1/2019

FANNING SPRINGS

2/1/2021

FELLSMERE

7/1/2020

FERNANDINA BEACH

9/1/2019

FLAGLER BEACH

1/1/2019

FLAGLER COUNTY

12/1/2018

FLORIDA CITY

1/1/2022

FORT LAUDERDALE

5/1/2022

FORT MEADE

10/1/2020

FORT MYERS

9/1/2021

FORT MYERS BEACH

8/1/2023

FORT PIERCE

2/1/2018

FORT WALTON BEACH

1/1/2018

FORT WHITE

10/1/2020

FRANKLIN COUNTY

5/1/2023

FREEPORT

4/1/2019

FROSTPROOF

11/1/2017

FRUITLAND PARK

11/1/2021

GADSDEN COUNTY

5/1/2019

GAINESVILLE

5/1/2019

GILCHRIST COUNTY

9/1/2020

GLADES COUNTY

6/1/2017

GLEN RIDGE

2/1/2023

GLEN ST. MARY

12/1/2019

GOLDEN BEACH

8/1/2023

GOLF

6/1/2021

GRACEVILLE

3/1/2022

GRAND RIDGE

7/1/2020

GRANT-VALKARIA

4/1/2018

GREEN COVE SPRINGS

9/1/2018

GREENACRES

9/1/2022

GREENSBORO

1/1/2021

GREENVILLE

2/1/2021

GREENWOOD

8/1/2020

GRETNA

1/1/2021

GROVELAND

10/1/2017

GULF BREEZE

12/1/2018

GULF COUNTY

12/1/2023

GULFPORT

4/1/2023

GULFSTREAM

7/1/2023

HAINES CITY

1/1/2018

HALLANDALE BEACH

9/1/2023

HAMILTON COUNTY

11/1/2019

HAMPTON

6/1/2021

HARDEE COUNTY

10/1/2017

HASTINGS

3/1/2019

HAVANA

1/1/2021

HAVERHILL

4/1/2016

HAWTHORNE

12/1/2021

HENDRY COUNTY

10/1/2017

HERNANDO COUNTY

12/1/2019

HIALEAH

8/1/2021

HIALEAH GARDENS

5/1/2021

HIGH SPRINGS

6/1/2020

HIGHLAND BEACH

1/1/2018

HIGHLAND PARK

11/1/2017

HIGHLANDS COUNTY

9/1/2017

HILLCREST HEIGHTS

2/1/2020

HILLIARD

1/1/2020

HILLSBORO BEACH

4/1/2017

HILLSBOROUGH COUNTY

6/1/2022

HOLLY HILL

9/1/2017

HOLLYWOOD

2/1/2022

HOLMES BEACH

2/1/2023

HOLMES COUNTY

3/1/2020

HOMESTEAD

7/1/2023

HORSESHOE BEACH

4/1/2019

HOWEY-IN-THE-HILLS

10/1/2017

HYPOLUXO

1/1/2023

INDIALANTIC

11/1/2023

INDIAN CREEK VILLAGE

12/1/2019

INDIAN HARBOUR BEACH

10/1/2017

INDIAN RIVER COUNTY

10/1/2017

INDIAN RIVER SHORES

10/1/2017

INDIAN ROCKS BEACH

4/1/2017

INDIAN SHORES

7/1/2022

INGLIS

7/1/2017

INTERLACHEN

8/1/2021

INVERNESS

4/1/2022

ISLAMORADA

12/1/2022

JACKSON COUNTY

11/1/2017

JACKSONVILLE BEACH

5/1/2020

JACOB CITY

8/1/2020

JASPER

3/1/2020

JAY

11/1/2019

JEFFERSON COUNTY

11/1/2023

JENNINGS

6/1/2020

JUNO BEACH

5/1/2019

JUPITER

6/1/2022

JUPITER INLET COLONY

9/1/2022

JUPITER ISLAND

5/1/2018

KENNETH CITY

5/1/2022

KEY BISCAYNE

7/1/2018

KEY COLONY BEACH

7/1/2021

KEY WEST

1/1/2019

KEYSTONE HEIGHTS

6/1/2018

KISSIMMEE

8/1/2017

LABELLE

10/1/2018

LA CROSSE

4/1/2021

LADY LAKE

5/1/2020

LAFAYETTE COUNTY

11/1/2019

LAKE ALFRED

10/1/2017

LAKE BUENA VISTA

7/1/2017

LAKE BUTLER

8/1/2021

LAKE CITY

4/1/2021

LAKE CLARKE SHORES

6/1/2023

LAKE COUNTY

5/1/2017

LAKE HAMILTON

5/1/2018

LAKE HELEN

7/1/2019

LAKE MARY

7/1/2017

LAKE PARK

10/1/2022

LAKE PLACID

1/1/2020

LAKE WALES

6/1/2019

LAKE WORTH

10/1/2023

LAKELAND

8/1/2017

LANTANA

6/1/2023

LARGO

12/1/2022

LAUDERDALE-BY-THE-SEA

9/1/2022

LAUDERDALE LAKES

5/1/2018

LAUDERHILL

6/1/2013

LAUREL HILL

6/1/2018

LAWTEY

7/1/2014

LAYTON

2/1/2022

LAZY LAKE

3/1/2019

LEE TOWN

3/1/2021

LEE COUNTY

5/1/2021

LEESBURG

9/1/2021

LEON/TALLAHASSEE

1/1/2023

LEVY COUNTY

12/1/2022

LIBERTY COUNTY

8/1/2020

LIGHTHOUSE POINT

6/1/2023

LIVE OAK

3/1/2021

LONGBOAT KEY

12/1/2021

LONGWOOD

6/1/2023

LOXAHATCHEE GROVES

8/1/2021

LYNN HAVEN

2/1/2017

MACCLENNY

10/1/2017

MADEIRA BEACH

5/1/2022

MADISON CITY

3/1/2021

MADISON COUNTY

5/1/2020

MAITLAND

9/1/2017

MALABAR

8/1/2023

MALONE

8/1/2020

MANALAPAN

3/1/2022

MANATEE COUNTY

12/1/2020

MANGONIA PARK

5/1/2019

MARATHON

1/1/2019

MARCO ISLAND

3/1/2022

ARGATE

1/1/2024

MARIANNA

8/1/2019

MARINELAND

10/1/2019

MARION COUNTY

2/1/2018

MARTIN COUNTY

12/1/2023

MARY ESTHER

3/1/2017

MASCOTTE

9/1/2020

MAYO

10/1/2020

MCINTOSH

5/1/2021

MEDLEY

2/1/2023

MELBOURNE

1/1/2024

MELBOURNE BEACH

10/1/2017

MELBOURNE VILLAGE

8/1/2012

MEXICO BEACH

6/1/2019

MIAMI

11/1/2022

MIAMI BEACH

4/1/2018

MIAMI GARDENS

4/1/2021

MIAMI LAKES

9/1/2019

MIAMI SHORES

7/1/2022

MIAMI SPRINGS

8/1/2016

MIAMI-DADE COUNTY

12/1/2019

MICANOPY

5/1/2021

MIDWAY

1/1/2021

MILTON

1/1/2020

MINNEOLA

9/1/2020

MIRAMAR

6/1/2017

MONROE COUNTY

5/1/2021

MONTICELLO

9/1/2020

MONTVERDE

10/1/2020

MOORE HAVEN

9/1/2017

MOUNT DORA

4/1/2019

MULBERRY

4/1/2019

NAPLES

9/1/2023

NASSAU COUNTY

10/1/2017

NEPTUNE BEACH

11/1/2018

NEW PORT RICHEY

12/1/2021

NEW SMYRNA BEACH

4/1/2018

NEWBERRY

7/1/2021

NICEVILLE

10/1/2017

NORTH BAY

12/1/2021

NORTH LAUDERDALE

5/1/2022

NORTH MIAMI

12/1/2021

NORTH MIAMI BEACH

4/1/2018

NORTH PALM BEACH

1/1/2024

NORTH PORT

12/1/2022

NORTH REDINGTON BEACH

11/1/2021

NOMA

4/1/2020

OAK HILL

7/1/2019

OAKLAND

9/1/2019

OAKLAND PARK

12/1/2021

OCALA

8/1/2019

OCEAN BREEZE PARK

3/1/2020

OCEAN RIDGE

4/1/2017

OCOEE

1/1/2020

OKALOOSA COUNTY

10/1/2023

OKEECHOBEE CITY

9/1/2019

OKEECHOBEE COUNTY

5/1/2019

OLDSMAR

8/1/2022

OPA-LOCKA

2/1/2019

ORANGE CITY

1/1/2018

ORANGE COUNTY

5/1/2023

ORANGE PARK

1/1/2024

ORCHID

10/1/2020

ORLANDO

6/1/2023

ORMOND BEACH

6/1/2017

OSCEOLA COUNTY

8/1/2017

OTTER CREEK

6/1/2019

OVIEDO

11/1/2017

PAHOKEE

9/1/2023

PALATKA

7/1/2022

PALM BAY

3/1/2021

PALM BEACH TOWN

4/1/2023

PALM BEACH COUNTY

11/1/2019

PALM BEACH GARDENS

12/1/2022

PALM BEACH SHORES

12/1/2017

PALM COAST

2/1/2021

PALM SHORES

9/1/2017

PALM SPRINGS

11/1/2023

PALMETTO

11/1/2017

PALMETTO BAY

3/1/2021

PANAMA CITY

8/1/2017

PANAMA CITY BEACH

12/1/2023

PARKER

9/1/2017

PARKLAND

8/1/2022

PASCO COUNTY

6/1/2020

PAXTON

5/1/2019

PEMBROKE PARK

8/1/2020

PEMBROKE PINES

10/1/2021

PENNEY FARMS

11/1/2017

PENSACOLA

11/1/2018

PERRY

7/1/2020

PIERSON

11/1/2019

PINECREST

5/1/2018

PINELLAS COUNTY

3/1/2022

PINELLAS PARK

6/1/2023

PLANT CITY

4/1/2023

PLANTATION

11/1/2020

POLK CITY

6/1/2020

POLK COUNTY

8/1/2017

POMONA PARK

10/1/2021

POMPANO BEACH

1/1/2024

PONCE DE LEON

4/1/2020

PONCE INLET

11/1/2022

PORT ORANGE

10/1/2017

PORT RICHEY

11/1/2022

PORT ST. JOE

3/1/2017

PORT ST. LUCIE

9/1/2019

PUNTA GORDA

11/1/2022

PUTNAM COUNTY

10/1/2017

QUINCY

1/1/2022

RAIFORD

9/1/2021

REDDICK

9/1/2021

REDINGTON BEACH

12/1/2022

REDINGTON SHORES

1/1/2023

REEDY CREEK

7/1/2017

RIVIERA BEACH

7/1/2017

ROCKLEDGE

2/1/2018

ROYAL PALM BEACH

4/1/2023

SAFETY HARBOR

4/1/2022

SAN ANTONIO

9/1/2016

SANFORD

11/1/2023

SANIBEL

8/1/2021

SANTA ROSA COUNTY

12/1/2023

SARASOTA CITY

12/1/2022

SARASOTA COUNTY

4/1/2020

SATELLITE BEACH

12/1/2023

SEA RANCH LAKES

10/1/2019

SEBASTIAN

8/1/2019

SEBRING

10/1/2017

SEMINOLE CITY

3/1/2018

SEMINOLE COUNTY

12/1/2022

SEWALL’S POINT

4/1/2020

SHALIMAR

9/1/2019

SNEADS

8/1/2020

SOUTH BAY

4/1/2018

SOUTH DAYTONA

5/1/2017

SOUTH MIAMI

4/1/2017

SOUTH PALM BEACH

12/1/2022

SOUTH PASADENA

3/1/2022

SOUTHWEST RANCHES

12/1/2023

SOPCHOPPY

12/1/2019

SPRINGFIELD

8/1/2017

ST. AUGUSTINE

12/1/2018

ST. AUGUSTINE BEACH

4/1/2018

ST. CLOUD

2/1/2021

ST. JOHNS COUNTY

8/1/2017

ST. LEO

8/1/2023

ST. LUCIE COUNTY

10/1/2017

ST. LUCIE VILLAGE

7/1/2020

ST. MARKS

1/1/2018

ST. PETERSBURG

5/1/2023

ST. PETE BEACH

7/1/2023

STARKE

9/1/2020

STUART

6/1/2019

SUMTER COUNTY

9/1/2019

SUNNY ISLES BEACH

12/1/2021

SUNRISE

7/1/2023

SURFSIDE

1/1/2024

SUWANNEE COUNTY

6/1/2019

SWEETWATER

7/1/2018

TAMARAC

6/1/2022

TAMPA

2/1/2023

TARPON SPRINGS

8/1/2023

TAVARES

7/1/2021

TAYLOR COUNTY

6/1/2017

TEMPLE TERRACE

6/1/2023

TEQUESTA

2/1/2023

TITUSVILLE

6/1/2017

TREASURE ISLAND

11/1/2019

TRENTON

11/1/2021

UMATILLA

3/1/2020

UNION COUNTY

10/1/2021

VALPARAISO

2/1/2019

VENICE

6/1/2017

VERNON

10/1/2017

VERO BEACH

2/1/2022

VIRGINIA GARDENS

8/1/2023

VOLUSIA COUNTY

11/1/2022

WAKULLA COUNTY

5/1/2017

WALDO

9/1/2021

WALTON COUNTY

3/1/2018

WASHINGTON COUNTY

10/1/2017

WAUCHULA

10/1/2018

WAUSAU

10/1/2017

WEBSTER

1/1/2019

WEEKI WACHEE

4/1/2019

WELAKA

10/1/2021

WELLINGTON

7/1/2023

WEST MELBOURNE

10/1/2017

WEST MIAMI

10/1/2022

WEST PALM BEACH

12/1/2022

WEST PARK

6/1/2021

WESTON

1/1/2023

WESTVILLE

4/1/2020

WEWAHITCHKA

10/1/2018

WHITE SPRINGS

7/1/2020

WILDWOOD

2/1/2020

WILLISTON

7/1/2017

WILTON MANORS

6/1/2017

WINDERMERE

6/1/2017

WINTER GARDEN

6/1/2017

WINTER HAVEN

10/1/2018

WINTER PARK

2/1/2023

WINTER SPRINGS

9/1/2023

WORTHINGTON SPRINGS

10/1/2014

YANKEETOWN

7/1/2019

ZEPHYRHILLS

9/1/2017

ZOLFO SPRINGS

5/1/2022

History

• Rulemaking Authority 163.3191(5) FS. Law Implemented 163.3191 FS. History–New 9-26-12, Amended 4-30-17.

Fla. Admin. Code R. 73C-49.002 Schedule

History

• Rulemaking Authority 163.3191(1), 163.3191(5) FS. Law Implemented 163.3191 FS. History–New 9-26-12, Repealed 4-30-17.

Chapter 73C-50 Broadband Opportunity Program

Fla. Admin. Code R. 73C-50.001 Authority; Incorporation

(1) In addition to complying with Section 288.9962, F.S., recipients of funds from the Broadband Opportunity Program shall comply with the Coronavirus State and Local Fiscal Recovery Funds (SLFRF) requirements identified in Title 31 Code of Federal Regulations (CFR) Part 35 (7-1-2021 Edition), http://www.flrules.org/Gateway/reference.asp?No=Ref-14934, as amended by 87 Fed Reg. 4338 (Jan. 27, 2022), https://www.flrules.org/Gateway/reference.asp?No=Ref-14935, adopted and incorporated herein by reference for use throughout this chapter and available at the Florida Office of Broadband’s website, www.floridajobs.org/broadband.com.

(2) In instances where the SLFRF provisions differ from the requirements of the Broadband Opportunity Program, the SLFRF provisions shall prevail.

(3) The following forms are adopted and incorporated herein by reference. The forms are also available at the Office’s website, www.floridajobs.org/broadband.com.

(a) Broadband Opportunity Program Grant Application, effective 11/2022, https://www.flrules.org/Gateway/reference.asp?No=Ref-14932.

(b) Broadband Opportunity Program Scoring and Evaluation Criteria, effective 11/2022, https://www.flrules.org/Gateway/reference.asp?No=Ref-14933.

History

• Rulemaking Authority 288.9961(5)(d), 288.9962(5) FS. Law Implemented 288.9962 FS. History–New 11-30-22.

Fla. Admin. Code R. 73C-50.002 Definitions

The terms used in this part are defined as follows:

(1) “Applicant” means an applicant for funding under the Broadband Opportunity Program.

(2) “Broadband Internet Service Provider” or “Provider” means a provider of the services defined in Section 288.9961(2)(a), F.S.

(3) “Program” means the Broadband Opportunity Program, established within the Florida Office of Broadband for the purpose of expanding broadband Internet service to unserved, underserved and rural areas of the state.

(4) “Rural” means a rural community as defined in Section 288.0656, F.S.

History

• Rulemaking Authority 288.9961(5)(d) FS. Law Implemented 288.9962 FS. History–New 11-30-22.

Fla. Admin. Code R. 73C-50.003 Application Requirements and Process

(1) This rule applies to Applicants seeking grant funding under the Program.

(2) The Program is a cost reimbursement program. Therefore, funding will be provided at regular intervals to grant recipients after expenses have been incurred to reimburse for those expenses. The period(s) when reimbursement may be requested and the methods to request reimbursement will be set forth in the grant agreement between the Office and awardee and follow all statutory requirements.

(3) Applicants eligible for grant awards from the Program are listed in Section 288.9962(3), F.S.

(4) To be considered for grant funding under the Program, Applicants must show community support from the local community within and near the project area and/or engagement with the county’s Local Technology Planning Team when submitting a Broadband Opportunity Program Grant Application, which is incorporated by reference in Rule 73C-50.001, F.A.C., and available on the Office’s website, www.floridajobs.org/broadband, to the Office within the noticed application window.

(5) Applications will be accepted for at least seven and no more than 45 days from the date the application window opens. The application window opening and closing dates will be noticed in the Florida Administrative Register and also announced on the Office’s website, www.floridajobs.org/broadband, at least five days before the opening date of the application window. Within three business days of the application window closing date, the Office will post the list of submitted potential projects to begin the 45-day challenge window.

(6) Applications shall be submitted to the Office using the Broadband Opportunity Program Grant Application. Any and all confidential business information or proprietary information provided on the Broadband Opportunity Program Grant Application and/or supporting documentation provided along with the application must be identified upon submission and a redacted copy of the same material provided to the Office concurrent with when the claim of confidentiality or proprietary protection is asserted. Each individual portion of the redacted copy that the Applicant asserts as confidential must contain a citation to the specific law making the content of the redacted portion confidential.

(7) Applications must be received by the Office by 5:00 p.m. (Eastern Time) on the closing date of the application window. Late applications may not be reviewed unless funding remains after all eligible applications have been funded. Whether or not a late application will be reviewed will be based on the total dollars requested by all Applicants from the Program for all eligible projects as compared to the total funding appropriated to the Office for the Program.

(8) Applications should be submitted through the portal on the Office’s website, www.floridajobs.org/broadband. The Office will also accept applications submitted via mail or hand-delivery to the Department of Economic Opportunity, Florida Office of Broadband, 107 East Madison Street, Mail Station #160, Caldwell Building, Tallahassee, Florida 32399-4128, or via e-mail to Broadband@deo.myflorida.com.

(9) The Office will not process applications that are not submitted using the Broadband Opportunity Program Grant Application.

History

• Rulemaking Authority 288.9961(5)(d) FS. Law Implemented 288.9961(4)(b), 288.9962 FS. History–New 11-30-22.

Fla. Admin. Code R. 73C-50.004 Application Review

(1) Within three business days after the close of the application window, the Office will publish a list of the proposed unserved areas to be served, the proposed broadband Internet speeds of the areas to be served, and a service map of the proposed project areas at www.floridajobs.org/broadband.

(2) Thereafter, the Office shall conduct an initial review of all applications for completeness, accuracy, and applicant eligibility. Applications which meet these three criteria will be evaluated and scored pursuant to the Broadband Opportunity Program Scoring and Evaluation Criteria, incorporated by reference in Rule 73C-50.001, F.A.C., and also available at the Office’s website, www.floridajobs.org/broadband.

(3) After the initial review of the application, the Office will notify the applicant, in writing, of any conditions that must be met to cure application deficiencies to complete the application. The Applicant will then be allowed 15 calendar days from the date on the notice to correct the deficiency or deficiencies identified in the notice and to resubmit the deficient portions of the application. The date of resubmission is the date a complete submission is received by the Office. After full, timely resubmission to cure any application deficiencies, the Office will review the resubmission following the same steps and procedure under this section, beginning at subsection (2) above.

(4) Applications received after the resubmission deadline or which do not correct the application deficiency or deficiencies may not be further evaluated. Whether or not a late application will be reviewed will be based on the total dollars requested by all Applicants from the Program for all eligible projects as compared to the total funding appropriated to the Office for the Program.

(5) Applications are considered complete when timely submitted to the Office with all questions on the Broadband Opportunity Program Grant Application answered and all required information and supporting documentation provided.

History

• Rulemaking Authority 288.9961(5)(d) FS. Law Implemented 288.9962 FS. History–New 11-30-22.

Fla. Admin. Code R. 73C-50.005 Application Challenge Process

(1) A Broadband Internet Service Provider that provides existing service in or adjacent to a proposed project area may submit a challenge to an application. The Provider may challenge all or a portion of a proposed project area.

(2) Challenges must be submitted within 45 days of the Office’s publication of the list of the proposed unserved areas to be served. Challenges must be in writing, with an affirmative certification by the Provider of the accuracy of the information asserted, including a Geographic Information Systems map of the challenged area, and containing detailed information demonstrating one or more of the three factors set forth in Section 288.9962(6)(c), F.S. The Provider must also submit any other documentation to support the challenge.

(3) Challenges may be submitted to the Department of Economic Opportunity, Florida Office of Broadband, 107 East Madison Street, Mail Station #160, Caldwell Building, Tallahassee, Florida 32399-4128, or via e-mail at Broadband@deo.myflorida.com. Any and all confidential business information or proprietary information must be identified upon submission and a redacted copy of the same material provided to the Office concurrent with the claim of confidentiality or proprietary protection. Each individual portion of the redacted copy that the broadband Internet service Provider asserts as confidential must contain a citation to the specific law making the content of the redacted portion confidential.

(4) Within three business days of receiving a timely challenge, the Office will notify the Applicant, in writing, and provide a copy of the challenge. The Applicant shall have 30 calendar days from the date on the notice of challenge to respond, and the Applicant’s application will be placed in pending status.

(5) The Applicant’s response must address, in detail, each factor identified in the challenge and include concise statements of the Applicant’s position regarding each factor. The response must also state with specificity the Applicant’s reason(s) the challenge is not valid and include any supporting documentation. If the Applicant and challenging entity can mutually settle the challenge, the settlement must be submitted to the Office, in writing, within 30 days of the challenge notification.

(6) The Office shall evaluate challenges in accordance with Section 288.9962(6)(e) and (f), F.S. The Office shall have 30 calendar days to review an Applicant’s response and issue a written determination granting or denying the challenge. When a challenge is granted for only a portion of the proposed project area, the Office shall award a grant to the unchallenged and unserved portion of the grant application.

(7) The Office shall publish a list of all grant applications received and all written challenges and the results of those challenges on its website at www.floridajobs.org/broadband in accordance with Section 288.9962(10), F.S.

History

• Rulemaking Authority 288.9961(5)(d) FS. Law Implemented 288.9962 FS. History–New 11-30-22.

Fla. Admin. Code R. 73C-50.006 Evaluation Criteria

(1) Applications shall be evaluated and scored based on the specific criteria and quantitative scoring system set forth in the Broadband Opportunity Program Scoring and Evaluation Criteria, incorporated by reference in Rule 73C-50.001, F.A.C., and available on the Office’s website at www.floridajobs.org/broadband, in the following categories:

(a) Broadband Impact

(b) Network Scalability

(c) Project Viability and Sustainability

(d) Economic Distress

(e) Funding Sources and Community Support

(f) Alignment with State Strategic Plan

(g) Project Readiness

(h) Affordability and Adoption Assistance

(2) The sum of the numerical scores awarded to the Applicant under each category shall be the total numerical score for the Applicant.

(3) Applicants with the highest numerical rankings will be selected for funding.

(4) The number of Applicants funded will be determined by the total available funding.

History

• Rulemaking Authority 288.9961(5)(d) FS. Law Implemented 288.9962 FS. History–New 11-30-22.

Fla. Admin. Code R. 73C-50.007 Grant Awards

(1) Eligible Applicants must obtain a minimum evaluation score of 130 points to be considered for funding; however, this does not guarantee an award.

(2) Funding under the Program shall be awarded in accordance with Section 288.9962(8), F.S.

(3) Grant awards shall not exceed $5 million for a single project.

(4) Grant awards may not fund more than 50 percent of the total cost of the project, when combined with any state or local funds.

(5) Successful Applicants will be notified in writing and will be required to enter into a written grant agreement with the Office according to the terms and conditions specified in Section 288.9962(9), F.S. and in accordance with all other applicable laws. The successful Applicant shall not receive any funding from the Program until the Office and successful Applicant enter into a grant agreement.

(6) All grant funds awarded must be fully obligated by December 31, 2024, and expended by December 31, 2026.

(7) Of the total appropriated dollars, and after subtracting any allowable administrative funds, the Office will initially set aside 40 percent for eligible project applications within a rural community. If all set aside dollars are not awarded, the set aside will no longer apply and all remaining dollars will be awardable to eligible project applications.

History

• Rulemaking Authority 288.9961(5)(d) FS. Law Implemented 288.9962 FS. History–New 11-30-22.

Chapter 73C-60 COMMUNITY PLANNING; PURCHASE OF REAL PROPERTY ON OR AROUND MILITARY INSTALLATIONS OR CRITICAL INFRASTRUCTURE FACILITIES BY FOREIGN PRINCIPALS

Fla. Admin. Code R. 73C-60.001 Definitions

For the purpose of administering section 692.203, F.S., and these rules, the following definitions apply:

(1) “Clear and present danger” means an immediate danger to the public health, safety, or welfare or other substantial loss to the state.

(2) For the purpose of interpreting the definition of “foreign principal” in section 692.201(4), F.S., “controlling interest” has the same meaning as defined in section 287.138(1)(a), F.S.

(3) For the purpose of administering section 692.203(1), F.S., “controlling interest in real property” means any interest other than a lease which gives the foreign principal both of the following rights, whether or not the rights are exercised or shared concurrently with any other person, and whether or not the underlying real property is subject to an easement or other encumbrance:

(a) The right to improve or develop the real property; and

(b) The right to attach fixed or immovable structures or objects to the real property.

(4) “De minimis indirect interest” means:

(a) Any interest that is the result of the foreign principal’s ownership of either:

1. Registered equities in a publicly traded company owning the land and such ownership interest is less than 5 percent of any class of registered equities or less than 5 percent in the aggregate in multiple classes of registered equities; or

2. An interest that is not a controlling interest as defined in section 287.138(1)(a), F.S., in an entity controlled by a company that is both registered with the United States Securities and Exchange Commission as an investment advisor under the Investment Advisers Act of 1940, as amended, and is not a foreign entity.

(b) Any passive ownership interest of a foreign principal in an entity, provided that the foreign principal does not possess, by virtue of that ownership interest or otherwise, the power to direct or cause the direction of the management or policies of the entity with respect to the interest in real property.

(5) “Department” means the Florida Department of Commerce.

(6) “Directly own” means the foreign principal holds equitable or legal title to the real property in their own name.

(7) “Domicile” means the place where the individual is physically present and intends to remain permanently or indefinitely.

(8)“Foreign principal” has the same meaning as defined in section 692.201(4), F.S. Individuals approved by the federal government to participate in the EB-5 Program are excluded from this definition.

(9)“Indirectly own” means the foreign principal has an interest in an entity that has equitable or legal title to the real property; or the foreign principal has an interest in the real property, but the equitable or legal title to the real property is held by another entity or individual.

(10) “Interest in real property” means all or part of an equitable or legal title to the real property and does not include a lease.

(11) “Official documentation” means documentation issued by U.S. Citizenship and Immigration Services.

(12) “Own” means to have equitable or legal title to the real property.

History

• Rulemaking Authority 692.203(10) FS. Law Implemented 692.203 FS. History–New 1-4-24.

Fla. Admin. Code R. 73C-60.002 Real Estate Transactions Prior to July 1, 2023

A foreign principal that executed a contract for the purchase of real property in the State of Florida prior to July 1, 2023, may own or acquire the real property that is the subject of the contract on or after July 1, 2023. Such real property must be registered with the Department in accordance with rule 73C-60.003, F.A.C.

History

• Rulemaking Authority 692.203(10) FS. Law Implemented 692.203 FS. History–New 1-4-24.

Fla. Admin. Code R. 73C-60.003 Registration

(1) The Department will provide a means, accessible through the Department’s website at www.floridajobs.org, for individuals to determine the proximity of real property to a military installation or a critical infrastructure facility in Florida.

(2) Registration for Real Property Owned or Acquired Prior to July 1, 2023

(a) A foreign principal who owns or acquires an interest, other than a de minimis indirect interest, in real property on or within 10 miles of any military installation or critical infrastructure facility in Florida prior to July 1, 2023, must register with the Department in accordance with this rule.

(b) A foreign principal must register with the Department on or before December 31, 2023, to be deemed timely registered.

(c) A foreign principal who registers after January 31, 2024, shall be deemed late and will have fines assessed in accordance with rule 73C-60.005, F.A.C.

(3) Registration for Real Property Purchased on or After July 1, 2023, as Authorized Under Section 692.203(4), F.S.

(a) A foreign principal who is a natural person who purchases, other than a de minimis indirect interest, one residential real property that is 2 acres or less and is on or within 10 miles of any military installation or critical infrastructure facility in Florida but is not on or within 5 miles of any military installation on or after July 1, 2023, must register with the Department within 30 days after the property is owned or acquired.

(b) If the foreign principal who is a natural person purchases the real property between July 1, 2023, and the effective date of this rule, the foreign principal will have 30 days from the effective date of this rule to register with the Department to be deemed timely registered.

(4) Registration for Real Property Acquired on or After July 1, 2023, as Authorized Under Section 692.203(5), F.S.

(a) A foreign principal who acquires real property or any interest therein, other than a de minimis indirect interest, on or after July 1, 2023, by devise or descent, through the enforcement of security interests, or through the collection of debts, must register with the Department within 30 days after the property is owned or acquired by the foreign principal.

(b) If the foreign principal acquired the real property or any interest therein between July 1, 2023, and the effective date of this rule, the foreign principal will have 30 days from the effective date of this rule to register with the Department to be deemed timely registered.

(c) The foreign principal must submit an updated registration Form COM-73C-60, Foreign Principal Real Property Registration Form, effective 01/2024, which is incorporated by reference and available at http://flrules.org/Gateway/reference.asp?No=Ref-16302 or, when available, using the online registration system on the Department’s website at http://www.floridajobs.org, within three years of acquiring the real property demonstrating the sale, transfer, or other divestment of such real property.

(d) A foreign principal who registers more than 30 days after the real property is owned or acquired shall be deemed late and will have fines assessed in accordance with rule 73C-60.005, F.A.C.

(5) Registration for Real Estate Contracts

(a) A foreign principal who obtains equitable title by executing a real estate contract with the obligation of closing to obtain legal title within 90 days shall register the real property that is the subject of the contract within 30 days of acquiring legal title. A foreign principal who obtains equitable title by executing a real estate contract without the obligation of closing to obtain legal title within 90 days shall register the real property that is the subject of the contract within 120 days of acquiring equitable title.

(6) Registration Method

(a) Each foreign principal who is required to register their real property with the Department must do so either by utilizing and submitting Form COM-73C-60, Foreign Principal Real Property Registration Form, effective 01/2024, which is incorporated by reference and available on the internet at: http://flrules.org/Gateway/reference.asp?No=Ref-16302 or, when available, using the online registration system on the Department’s website at http://www.floridajobs.org.

(7) Updated Registrations

(a) A foreign principal must update their registration with the Department if any of the following occur:

1. The foreign principal sold the real property;

2. The foreign principal no longer owns the real property;

3. The foreign principal’s real property is no longer within 10 miles of any military installation or critical infrastructure facility in Florida;

4. The foreign principal no longer has any interest in the real property; or

5. The foreign principal no longer meets the definition of a foreign principal as that term is defined in section 692.201, F.S.

(b) A foreign principal’s registration must be updated by either submitting Form COM-73C-60, Foreign Principal Real Property Registration Form, effective 01/2024, which is incorporated by reference and available at http://flrules.org/Gateway/reference.asp?No=Ref-16302 or, when available, using the online registration system on the Department’s website at http://www.floridajobs.org.

(c) A foreign principal who fails to file an updated registration as required by this rule is not subject to the penalties imposed by section 692.203, F.S., or Department of Commerce Rules 73C-60.005 and 73C-60.006, F.A.C.

(8) The prohibition and registration requirements prescribed by section 692.203, F.S., shall not apply with respect to any interest that is a de minimis indirect interest.

History

• Rulemaking Authority 692.203(10) FS. Law Implemented 692.203 FS. History–New 1-4-24.

Fla. Admin. Code R. 73C-60.004 Computation of Time

In computing the 30 days prescribed in section 692.203(3)(b), F.S., and these rules, the day of the act from which the period of time begins to run will not be included. The last day of the period must be included unless it is a Saturday, Sunday, or legal holiday as prescribed by section 110.117, F.S., in which event the period shall run until the end of the next business day.

History

• Rulemaking Authority 692.203(10) FS. Law Implemented 692.203 FS. History–New 1-4-24.

Fla. Admin. Code R. 73C-60.005 Fines

(1) The Department will impose a $1,000 fine against the foreign principal for each day that the registration is late. Except as provided in section 692.203(3)(b), F.S., the registration will be deemed late if it is filed more than 30 days after the real property is owned or acquired by the foreign principal.

(2) The Department will issue a notice of violation to any foreign principal found in violation of section 692.203(3), F.S., prior to final agency action. Such notice will include hearing rights pursuant to section 120.569, F.S.

(3) Fines imposed are due and payable to the Department within 30 days of entry of the final order unless otherwise stated in the final order.

History

• Rulemaking Authority 692.203(10) FS. Law Implemented 692.203 FS. History–New 1-4-24.

Fla. Admin. Code R. 73C-60.006 Liens

The Department may place a lien on the foreign principal’s real property for any fines that are not paid within 30 days of entry of the final order unless otherwise stated in the final order.

History

• Rulemaking Authority 692.203(10) FS. Law Implemented 692.203 FS. History–New 1-4-24.

Fla. Admin. Code R. 73C-60.007 Rebuttable Presumption

(1) A closing agent who relies on and maintains the affidavit specified in section 692.203(6), F.S., has established a rebuttable presumption that the closing agent did not have actual knowledge that the real estate transaction violated section 692.203, F.S.

(2) A seller of real property who relies on and maintains the affidavit specified in section 692.203(6), F.S., has established a rebuttable presumption that the seller did not have actual knowledge that the real estate transaction violated section 692.203, F.S.

History

• Rulemaking Authority 692.203(10) FS. Law Implemented 692.203 FS. History–New 1-4-24.

Chapter 73C-61 COMMUNITY PLANNING; PURCHASE OR ACQUISITION OF REAL PROPERTY BY THE PEOPLE'S REPUBLIC OF CHINA

Fla. Admin. Code R. 73C-61.001 Definitions

For the purpose of administering section 692.204, F.S., and these rules, the following definitions apply:

(1) “Clear and present danger” means an immediate danger to the public health, safety, or welfare or other substantial loss to the state.

(2) For the purpose of interpreting section 692.204(1)(a)5., F.S., “controlling interest” has the same meaning as defined in section 287.138(1)(a), F.S.

(3) For the purpose of administering section 692.204(1)(a), F.S., “controlling interest in real property” means any interest other than a lease which gives the PRC principal both of the following rights, whether or not the rights are exercised or shared concurrently with any other person, and whether or not the underlying real property is subject to an easement or other encumbrance:

(a) The right to improve or develop the real property; and

(b) The right to attach fixed or immovable structures or objects to the real property.

(4) “De minimis indirect interest” means:

(a) Any interest that is the result of the PRC principal’s ownership of either:

1. Registered equities in a publicly traded company owning the land and such ownership interest is less than 5 percent of any class of registered equities or less than 5 percent in the aggregate in multiple classes of registered equities; or

2. An interest that is not a controlling interest as defined in section 287.138(1)(a), F.S., in an entity controlled by a company that is both registered with the United States Securities and Exchange Commission as an investment advisor under the Investment Advisers Act of 1940, as amended, and is not a foreign entity.

(b) Any passive ownership interest of a PRC principal in an entity, provided that the PRC principal does not possess, by virtue of that ownership interest or otherwise, the power to direct or cause the direction of the management or policies of the entity with respect to the interest in real property.

(5) “Department” means the Florida Department of Commerce.

(6) “Directly own” means the PRC principal holds equitable or legal title to the real property in their own name.

(7) “Domicile” means the place where the individual is physically present and intends to remain permanently or indefinitely.

(8)“Indirectly own” means the PRC principal has an interest in an entity that has equitable or legal title to the real property; or the PRC principal has an interest in the real property, but the equitable or legal title to the real property is held by another entity or individual.

(9) “Interest in real property” means all or part of an equitable or legal title to the real property and does not include a lease.

(10) “Military installation” has the same meaning as defined in section 692.201(5), F.S.

(11) “Official documentation” means documentation issued by U.S. Citizenship and Immigration Services.

(12) “Own” means to have equitable or legal title to the real property.

(13) “People’s Republic of China (PRC) principal” means any person or entity, other than an individual approved by the federal government to participate in the EB-5 Program, that is:

(a) The People’s Republic of China, the Chinese Communist Party, or any official or member of the People’s Republic of China or the Chinese Communist Party;

(b) Any other political party or member of a political party or a subdivision of a political party in the People’s Republic of China;

(c) A partnership, an association, a corporation, an organization, or any other combination of persons organized under the laws of or having its principal place of business in the People’s Republic of China, or a subsidiary of such entity;

(d) Any person who is domiciled in the People’s Republic of China and who is not a citizen or lawful permanent resident of the United States; or

(e) Any person, entity, or collection of persons or entities described in paragraphs (a) through (d) having a controlling interest in a partnership, association, corporation, organization, trust, or any other legal entity or subsidiary formed for the purpose of owning real property in this state.

History

• Rulemaking Authority 692.204(10) FS. Law Implemented 692.204 FS. History–New 2-6-25.

Fla. Admin. Code R. 73C-61.002 Real Estate Transactions Prior to July 1, 2023

A PRC principal that executed a contract for the purchase of real property in the State of Florida prior to July 1, 2023, may own or acquire the real property that is the subject of the contract on or after July 1, 2023. Such real property must be registered with the Department in accordance with Rule 73C-61.003, F.A.C.

History

• Rulemaking Authority 692.204(10) FS. Law Implemented 692.204 FS. History–New 2-6-25.

Fla. Admin. Code R. 73C-61.003 Registration

(1) The Department will provide a means, accessible through the Department’s website at www.floridajobs.org, for individuals to determine the proximity of real property to a military installation or a critical infrastructure facility in Florida.

(2) Any interest in real property registered by a PRC principal in accordance with Rule 73C-60.003, F.A.C., is not required to be registered pursuant to this rule.

(3) Registration for Real Property Owned or Acquired Prior to July 1, 2023

A PRC principal who owns or acquires an interest, other than a de minimis indirect interest, in real property in Florida prior to July 1, 2023, must register with the Department within 30 days of the effective date of this rule. A PRC principal who fails to register within 30 days of the effective date of this rule will have fines assessed in accordance with Rule 73C-61.005, F.A.C.

(4) Registration for Real Property Purchased on or After July 1, 2023, as Authorized Under Section 692.204(2), F.S.

(a) A PRC principal who is a natural person who purchases, other than a de minimis indirect interest, one residential real property that is 2 acres or less and is not on or within 5 miles of any military installation in the state of Florida on or after July 1, 2023, must register with the Department within 30 days after the property is owned or acquired.

(b) If the PRC principal who is a natural person purchases the real property between July 1, 2023, and the effective date of this rule, the PRC principal will have 30 days from the effective date of this rule to register with the Department to be deemed timely registered.

(5) Registration for Real Property Acquired on or After July 1, 2023, as Authorized Under Section 692.204(5), F.S.

(a) A PRC principal who acquires real property or any interest therein, other than a de minimis indirect interest, on or after July 1, 2023, by devise or descent, through the enforcement of security interests, or through the collection of debts, must register with the Department within 30 days after the property is owned or acquired by the person or entity.

(b) If the PRC principal acquired the real property or any interest therein between July 1, 2023, and the effective date of this rule, the PRC principal will have 30 days from the effective date of this rule to register with the Department to be deemed timely registered.

(c) The PRC principal must submit an updated registration Form COM-73C-61, Foreign Principal Real Property Registration Form, effective 02/2025, which is incorporated by reference and available at http://flrules.org/Gateway/reference.asp?No=Ref-17320 or, by using the online registration system on the Department’s website at http://www.floridajobs.org, within three years of acquiring the real property demonstrating the sale, transfer, or other divestment of such real property. For purposes of Form COM-73C-61, the phrase “foreign principal” means the same as the term “PRC principal”.

(d) A PRC principal who registers more than 30 days after the real property is owned or acquired shall be deemed late and will have fines assessed in accordance with Rule 73C-61.005, F.A.C.

(6) Registration for Real Estate Contracts

A PRC principal who obtains equitable title by executing a real estate contract with the obligation of closing to obtain legal title within 90 days shall register the real property that is the subject of the contract within 30 days of acquiring legal title. A PRC principal who obtains equitable title by executing a real estate contract without the obligation of closing to obtain legal title within 90 days shall register the real property that is the subject of the contract within 120 days of acquiring equitable title.

(7) Registration Method

Each PRC principal who is required to register their real property with the Department must do so either by utilizing and submitting Form COM-73C-61, Foreign Principal Real Property Registration Form, effective 02/2025, which is incorporated by reference and available on the internet at: http://flrules.org/Gateway/reference.asp?No=Ref-17320 or by using the online registration system on the Department’s website at http://www.floridajobs.org.

(8) Updated Registrations

(a) A PRC principal must update their registration with the Department if any of the following occur:

1. The PRC principal sold the real property;

2. The PRC principal no longer owns the real property;

3. The PRC principal no longer has any interest in the real property; or

4. The PRC principal no longer meets the definition of a PRC principal as that term is defined in subsection 73C-61.001(13).

(b) A PRC principal’s registration must be updated by either submitting Form COM-73C-61, Foreign Principal Real Property Registration Form, effective 02/2025, which is incorporated by reference and available at http://flrules.org/Gateway/reference.asp?No=Ref-17320 or by using the online registration system on the Department’s website at http://www.floridajobs.org.

(c) A PRC principal who fails to file an updated registration as required by this rule is not subject to the penalties imposed by section 692.204, F.S., or Department of Commerce Rules 73C-61.005 and 73C-61.006, F.A.C.

(9) The prohibition and registration requirements prescribed by section 692.204, F.S., shall not apply with respect to any interest that is a de minimis indirect interest.

History

• Rulemaking Authority 692.204(10) FS. Law Implemented 692.204 FS. History–New 2-6-25.

Fla. Admin. Code R. 73C-61.004 Computation of Time

In computing the 30 days prescribed in section 692.204(4)(b), F.S., and these rules, the day of the act from which the period of time begins to run will not be included. The last day of the period must be included unless it is a Saturday, Sunday, or legal holiday as prescribed by section 110.117, F.S., in which event the period shall run until the end of the next business day.

History

• Rulemaking Authority 692.204(10) FS. Law Implemented 692.204 FS. History–New 2-6-25.

Fla. Admin. Code R. 73C-61.005 Fines

(1) The Department will impose a $1,000 fine against the PRC principal for each day that the registration is late. Except as provided in section 692.204(4)(b), F.S., the registration will be deemed late if it is filed more than 30 days after the real property is owned or acquired by the PRC principal.

(2) The Department will issue a notice of violation to any PRC principal found in violation of section 692.204(4), F.S., prior to final agency action. Such notice will include hearing rights pursuant to section 120.569, F.S.

(3) Fines imposed are due and payable to the Department within 30 days of entry of the final order unless otherwise stated in the final order.

History

• Rulemaking Authority 692.204(10) FS. Law Implemented 692.204 FS. History–New 2-6-25.

Fla. Admin. Code R. 73C-61.006 Liens

The Department may place a lien on the PRC principal’s real property for any fines that are not paid within 30 days of entry of the final order unless otherwise stated in the final order.

History

• Rulemaking Authority 692.204(10) FS. Law Implemented 692.204 FS. History–New 2-6-25.

Fla. Admin. Code R. 73C-61.007 Rebuttable Presumption

(1) A closing agent who relies on and maintains the affidavit specified in section 692.204(6), F.S., has established a rebuttable presumption that the closing agent did not have actual knowledge that the real estate transaction violated section 692.204, F.S.

(2) A seller of real property who relies on and maintains the affidavit specified in section 692.204(6), F.S., has established a rebuttable presumption that the seller did not have actual knowledge that the real estate transaction violated section 692.204, F.S.

History

• Rulemaking Authority 692.204(10) FS. Law Implemented 692.204 FS. History–New 2-6-25.

Chapter 73C-62 COMMUNITY PLANNING; UTILITY RELOCATION REIMBURSEMENT GRANT PROGRAM

Fla. Admin. Code R. 73C-62.001 Definitions

For the purpose of administering section 337.4031, F.S., and these rules, the following definitions apply:

(1) “Administrative costs” means expenses related to the general management or overhead of the Provider’s business that are not directly attributable to the physical relocation of the Provider’s facility. Administrative costs include, but are not limited to, salaries, office expenses, accounting, legal services, and indirect costs associated with the Provider’s overall operations rather than the relocation project itself.

(2) “Authority” means a county or municipality having jurisdiction and control of the rights-of-way of any public road.

(3) “Complete Application” means a submitted application that contains all of the information and documentation required by Rule 73C-62.003 F.A.C.

(4) “Department” means the Florida Department of Commerce.

(5) “Directly Attributable” means costs that are a necessary and reasonable consequence of the physical relocation of the Provider’s facility as requested by a county or municipal authority and that would not have been incurred but for the relocation. The term includes only those expenses that are directly and demonstrably caused by the relocation activity and excludes Administrative Costs.

(6) “Eligible Costs” means actual, prudent, reasonable, and documented expenses directly attributable to the physical relocation of facilities required by a county or municipal authority. Eligible Costs do not include Administrative Costs.

(7) “Facility” or “Facilities” means a Provider’s permitted infrastructure within a planned or existing right-of-way of a public road or publicly owned rail corridor in Florida which requires relocation at the request of a county or municipal authority.

(8) “Provider” means a provider of communications services, as defined in section 202.11, F.S., that is subject to Chapter 202, F.S.

History

• Rulemaking Authority 337.4031(3) FS. Law Implemented 337.4031 FS. History–New 4-21-26.

Fla. Admin. Code R. 73C-62.002 Eligibility Criteria for Reimbursement

(1) To be eligible for reimbursement under section 337.4031, F.S., a Provider must:

(a) Lawfully operate and maintain a facility within the right-of-way of a public road or publicly owned rail corridor at the time relocation is requested by a county or municipal authority.

(b) Provide the written request from the county or municipal authority requiring relocation of the Provider’s facility in connection with a project located in a planned or existing right-of-way of a public road or publicly owned rail corridor.

(c) Submit a complete application and documentation sufficient to establish the Eligible Costs requested by the Provider are eligible.

(d) Request reimbursement for work completed on or after October 1, 2025.

(2) The following expenses are not eligible for reimbursement:

(a) Betterments, upgrades, or improvements to the facility not required by the relocation.

(b) Routine maintenance or repair costs.

(c) Administrative Costs or general business expenses of the Provider.

(d) Costs not supported by documentation.

(e) Costs incurred prior to receipt of a request to relocate the Provider’s facility.

(f) Costs for a relocation completed prior to October 1, 2025.

History

• Rulemaking Authority 337.4031(3) FS. Law Implemented 337.4031 FS. History–New 4-21-26.

Fla. Admin. Code R. 73C-62.003 Application Requirements

(1) To be considered for reimbursement, a Provider must submit a complete application to the Department using Form COM-73C-URRGP-001, Utility Relocation Reimbursement Grant Program Application (effective date 04/2026), which is incorporated by reference and available online at: http://flrules.org/Gateway/reference.asp?No=Ref-19153. Applications, and accompanying documentation listed in subsection (2), must be completed and submitted electronically via the Department’s Broadband Grant Portal located at https://floridacommerce.my.site.com/OfficeofBroadband/s/. Providers must establish a user account within the Department’s Broadband Grant Portal prior to submitting an application. Applications submitted by any method other than through the Department’s Broadband Grant Portal will not be accepted. All inquiries regarding the Utility Relocation Reimbursement Grant Program or application process should be directed to URRGP@commerce.fl.gov.

(2) A complete application must include, at a minimum:

(a) A copy of the written notice from the county or municipal authority requiring the facility relocation, which must identify the public road improvement project necessitating the work.

(b) Detailed, itemized invoices from all third-party vendors, contractors, and engineers involved in the physical relocation of the facility.

(c) Legible proof of payment for all submitted invoices, such as cancelled checks or bank transaction statements.

(d) A detailed ledger of internal costs, including labor and equipment usage, directly attributable to the physical relocation of the facility, if applicable.

(e) A signed certification from an officer or authorized agent of the Provider attesting that the costs submitted are Eligible Costs.

(f) A sworn affidavit, executed under penalty of perjury, attesting that the Provider is not a “foreign entity” as defined in section 288.0071, F.S. The affidavit must be submitted using Form COM-73C-URRGP-002, Foreign Entity Compliance (effective date 04/2026), which is incorporated by reference and available online at: http://flrules.org/Gateway/reference.asp?No=Ref-19154.

(g) A signed application certification statement submitted using Form COM-73C-URRGP-003, Application Certification Statement (effective date 04/2026), which is incorporated by reference and available online at: http://flrules.org/Gateway/reference.asp?No=Ref-19155.

(h) Upon request by the Department, other supporting documentation necessary to verify the eligibility of the facility relocation and its costs, such as engineering diagrams, right-of-way permits, or detailed cost breakdowns for internally sourced labor and equipment.

History

• Rulemaking Authority 337.4031(3) FS. Law Implemented 337.4031 FS. History–New 4-21-26.

Fla. Admin. Code R. 73C-62.004 Application Review and Reimbursement

(1) The Department shall review complete applications in the order they are received. An application is deemed complete when the Department determines that all required information and documentation has been provided to the Department.

(2) The Department will notify the Provider of any deficiencies in the application. The Provider must cure any deficiencies identified by the Department for the application to be considered complete. The Department shall not approve an incomplete application.

(3) The Department shall approve a complete application, and provide reimbursement subject to the availability of funds, within 90 days after receipt of the complete application by the Department. The Department’s failure to act within the 90-day period does not constitute approval of the application.

(4) Subject to the availability of funds and Legislative appropriation:

(a) The Department shall provide funds in an amount equal to the Provider’s reimbursement request.

(b) If sufficient funds are not available to fully reimburse an approved Provider, the Department may provide full reimbursement to a later approved Provider for whom sufficient funds are available to reimburse in full.

(c) An approved Provider that does not receive funding due to insufficient funds will remain in the disbursement queue and will receive full reimbursement once additional funding becomes available.

History

• Rulemaking Authority 337.4031(3) FS. Law Implemented 337.4031 FS. History–New 4-21-26.

Division 73A Division of Economic Development

Chapter 73A-1 TRAVEL AND ENTERTAINMENT

Fla. Admin. Code R. 73A-1.001 Purpose and Scope

(1) The Department shall reimburse travel expenses, as that term is defined in section 288.1253(1), F.S., to the Governor, the Lieutenant Governor, security staff of the Governor or Lieutenant Governor, the Commissioner of Film and Entertainment, and staff of the Office of Film and Entertainment for all travel expenses or entertainment expenses incurred by the individual solely and exclusively in connection with the performance of statutory duties of the Office of Film and Entertainment.

(2) All travel must be preapproved by the Department. Requests for travel preapproval shall be made by completing and submitting DEO Form Travel-01, Authorization to Incur Travel Expenses, effective October 2016, which is incorporated herein. Copies of DEO Form Travel-01 are available and/or can be accessed at http://www.flrules.org/Gateway/reference.asp?No=Ref-09417 or may be obtained by submitting a request to: State of Florida Department of Economic Opportunity, Office of Film and Entertainment, 107 East Madison Street, Caldwell Building, Tallahassee, Florida 32399-6545. Documentation justifying the reason for travel must be attached.

(3) Claims for reimbursement of travel expenses shall be made by completing and submitting DEO Form Travel-02, the Voucher for Reimbursement of Travel Expenses, effective October 2016, which is incorporated by reference herein. This form can be accessed at http://www.flrules.org/Gateway/reference.asp?No=Ref-09418 or may be obtained by submitting a request to: State of Florida Department of Economic Opportunity, Office of Film and Entertainment, 107 East Madison Street, Caldwell Building, Tallahassee, Florida 32399-6545. Documentation justifying travel expenditures must be attached, such as paid receipts or other proof of expenditure as prescribed by the Chief Financial Officer.

(4) For purposes of reimbursement, the computation of travel time, the rate of per diem and subsistence allowance, and other reimbursable expenses shall be determined as set forth in section 112.061, F.S., and chapter 69I-42, F.A.C.

(5) The manner of travel that is reimbursable is governed by section 112.061, F.S., and rules 69I-42.007-.009, F.A.C.

(6) Claims for reimbursement of entertainment expenses may be made contemporaneous with the request for travel reimbursement. For purposes of this section, “entertainment expenses” are defined as the actual, necessary, and reasonable costs incurred during the active conduct of business with anyone defined in section 288.125, F.S., with the main purpose being or having more than a general expectation of deriving a specific business benefit.

(7) The Commissioner of Film and Entertainment or his/her designee shall review all claims for reimbursement of entertainment expenses to ensure the expense(s) are in conformity with this definition prior to authorizing reimbursement.

History

• Rulemaking Authority 288.1253(2) FS. Law Implemented 288.1253 FS. History–New 2-21-02, Formerly 27M-1.001, Amended 6-11-18.

Fla. Admin. Code R. 73A-1.002 General Policy

History

• Rulemaking Authority 288.1253(2) FS. Law Implemented 288.1253 FS. History–New 2-21-02, Formerly 27M-1.002, Repealed 6-11-18.

Fla. Admin. Code R. 73A-1.003 Definitions

History

• Rulemaking Authority 288.1253(2) FS. Law Implemented 288.1253 FS. History–New 2-21-02, Formerly 27M-1.003, Repealed 6-11-18.

Fla. Admin. Code R. 73A-1.004 Planning and Approving Travel

History

• Rulemaking Authority 288.1253(2) FS. Law Implemented 288.1253 FS. History–New 2-21-02, Formerly 27M-1.004, Repealed 6-11-18.

Fla. Admin. Code R. 73A-1.005 Special Conditions of Travel

History

• Rulemaking Authority 288.1253(2) FS. Law Implemented 288.1253 FS. History–New 2-21-02, Formerly 27M-1.005, Repealed 6-11-18.

Fla. Admin. Code R. 73A-1.006 Rates of Payment

History

• Rulemaking Authority 288.1253(2) FS. Law Implemented 288.1253 FS. History–New 2-21-02, Formerly 27M-1.006, Repealed 6-11-18.

Fla. Admin. Code R. 73A-1.007 Transportation

History

• Rulemaking Authority 288.1253(2) FS. Law Implemented 288.1253 FS. History–New 2-21-02, Formerly 27M-1.007, Repealed 6-11-18.

Fla. Admin. Code R. 73A-1.008 Incidental Expenses

History

• Rulemaking Authority 288.1253(2) FS. Law Implemented 288.1253 FS. History–New 2-21-02, Formerly 27M-1.008, Repealed 6-11-18.

Fla. Admin. Code R. 73A-1.009 Advance Travel

History

• Rulemaking Authority 288.1253(2) FS. Law Implemented 288.1253 FS. History–New 2-21-02, Formerly 27M-1.009, Repealed 6-11-18.

Fla. Admin. Code R. 73A-1.010 Special Provisions for Educational Conferences and Conventions

History

• Rulemaking Authority 288.1253(2) FS. Law Implemented 288.1253 FS. History–New 2-21-02, Formerly 27M-1.010, Repealed 6-11-18.

Fla. Admin. Code R. 73A-1.011 Entertainment Expenses

History

• Rulemaking Authority 288.1253(2) FS. Law Implemented 288.1253 FS. History–New 2-21-02, Formerly 27M-1.011, Repealed 6-11-18.

Fla. Admin. Code R. 73A-1.012 Operational and Promotional Advances

History

• Rulemaking Authority 288.1253(2) FS. Law Implemented 288.1253 FS. History–New 2-21-02, Formerly 27M-1.012, Repealed 6-11-18.

Fla. Admin. Code R. 73A-1.013 Complimentary Goods and Services

(1) Prior to accepting or using any complimentary travel, accommodations, meeting space, meals, equipment, transportation, or any other goods or services, the employee or representative must obtain authorization from the Department. To obtain authorization, the employee or representative must submit a written request with information and/or documentation that includes a detailed description of the offer, to include dates, itinerary, locations, and source of origin, to the Commissioner of Film and Entertainment. Submissions may be mailed to: State of Florida Department of Economic Opportunity, Office of Film and Entertainment, 107 East Madison Street, Caldwell Building, Tallahassee, Florida 32399-6545. All submissions must contain a statement that the expenses were actually incurred as necessary travel or entertainment expenses in the performance of official duties of the Office of Film and Entertainment and a written declaration as to the truth and correctness of every material matter.

(2) Upon receipt, the Commissioner of Film and Entertainment or his/her designee will review the submission and make a determination as to whether the offered goods or services are necessary or beneficial to the performance of the duties and purpose of the Office of Film and Entertainment. If determined to be necessary or beneficial, the information and/or documentation will be forwarded by the Office of Film and Entertainment to the Department’s designated Ethics Officer who will review the material and make a determination as to whether the request in any way conflicts with chapter 112, F.S. If the offered goods or services are determined not to be necessary or beneficial after review by the Commissioner of Film and Entertainment or his/her designee, the request will not be forwarded for review by the Department’s Ethics Officer. The Office of Film and Entertainment and the Department’s Ethics Officer or designee may require the requesting employee or representative to provide additional information and documentation as necessary to conduct the review.

The Department’s decision to authorize or deny the request will be communicated, in writing, to the requesting employee or representative. All Department decisions on such requests are final.

History

• Rulemaking Authority 288.1253(2) FS. Law Implemented 288.1253 FS. History–New 2-21-02, Formerly 27M-1.013, Amended 6-11-18.

Fla. Admin. Code R. 73A-1.014 Receipts

History

• Rulemaking Authority 288.1253(2) FS. Law Implemented 288.1253 FS. History–New 2-21-02, Formerly 27M-1.014, Repealed 6-11-18.

Fla. Admin. Code R. 73A-1.015 Exemption from State Contract Rates

History

• Rulemaking Authority 288.1253(2) FS. Law Implemented 288.1253 FS. History–New 2-21-02, Formerly 27M-1.015, Repealed 6-11-18.

Chapter 73A-2 SPORTS INDUSTRY

Fla. Admin. Code R. 73A-2.001 Major League Baseball Spring Training Baseball Franchise Certifications

(1) The application period for certification under either Section 288.11621 or 288.11631, F.S, shall begin upon notice published in the Department in the Florida Administrative Register. In order to be considered for certification, an applicant must submit all information required under either Sections 288.11621(2)(a) and (2)(b), or Sections 288.11631(2)(a) and (2)(b), F.S., to the Florida Sports Foundation. The information should be divided into sections, based on the requirements set forth in either Section 288.11621 or 288.11631, F.S. The applicant must submit an original, and three copies, of all information to the Florida Sports Foundation at the following address in order for an applicant to be considered for certification:

Florida Sports Foundation

Attention: President

101 N. Monroe Street, Suite 1000

Tallahassee, FL 32301

Phone: (850)922-4493

(2) The Florida Sports Foundation shall not provide an applicant’s submitted information to the Department for review until it confirms that applicant has submitted all information required by subsection (1) of this rule. The Florida Sports Foundation shall forward all information submitted by the applicant, together with a confirmation of completeness, no later than 30 business days after receipt of all information required by subsection (1) of this rule.

(3) The Department shall evaluate applicant information that is submitted to the Department by the Florida Sports Foundation. No applicant shall become a certified applicant until the Department verifies that the applicant meets the requirements set forth in either Section 288.11621(2) or 288.11631(2), F.S. Applicants must provide additional documentation and assistance to the Department or to the Florida Sports Foundation when any verification, additional information, or modification is deemed necessary by the Department or the Florida Sports Foundation.

(4) If the Department verifies that the applicant has met all requirements set forth in either Section 288.11621(2) or 288.11631(2), F.S., the Department shall notify the applicant in writing that it will become a certified applicant contingent upon the applicant entering into an agreement as required by Sections 288.11621(2)(c) and 288.11631(2)(c), F.S.

(5) If the Department denies an applicant’s request for certification, the Department shall issue to the applicant a determination denying the request for certification.

(6) A certified applicant may request decertification by sending a written request to the Department at the following address:

ATTN: Major League Baseball Spring Training Program

Florida Department of Economic Opportunity

107 East Madison Street, Mail Station 80

Caldwell Building

Tallahassee, Florida 32399-4120

The Department shall review the request for decertification, and if allowable considering any bonds that have been issued, will send the certified applicant a notice of decertification.

(7) If the Department intends to decertify a certified applicant pursuant to Section 288.11621(5) or 288.11631(5), F.S., it shall mail the certified applicant a notice of intent to decertify. The notice shall include the reason for decertification.

(a) A certified applicant has 60 days after it receives a notice of intent to decertify from the Department to petition for review of the decertification. The petition must set forth the reasons that applicant believes it should not be decertified, including any applicable supporting documentation.

(b) The Department shall conduct a review of the petition and, within 45 days after receipt of the petition, notify the certified applicant of the outcome of its review.

(c) If the Department determines after its review of a petition that the certified applicant should not be decertified, the Department shall issue a notice of revocation of its intent to decertify to the certified applicant.

(d) If the Department determines after its review of the petition that the certified applicant should be decertified, the department shall issue a final determination decertifying the certified applicant. The Department’s final determination shall be subject to review under chapter 120, F.S.

History

• Rulemaking Authority 288.11621, 288.11631 FS. Law Implemented 288.11621, 288.11631 FS. History–New 2-12-07, Formerly 27M-2.001, Amended 4-30-13, 3-12-17.

Fla. Admin. Code R. 73A-2.002 Decertification and Decertification Review for Spring Training Baseball Facilities

History

• Rulemaking Authority 288.11621(8) FS. Law Implemented 288.11621(5) FS. History–New 4-30-13, Repealed 3-12-17.

Fla. Admin. Code R. 73A-2.003 Certification for the Retention of Major League Baseball Spring Training Baseball Franchises

History

• Rulemaking Authority 288.11631(6) FS. Law Implemented 288.11631(2) FS. History‒New 2-12-14, Repealed 3-12-17.

Fla. Admin. Code R. 73A-2.004 Decertification and Decertification Review for the Retention of Major League Baseball Spring Training Baseball Franchises

History

• Rulemaking Authority 288.11631(6) FS. Law Implemented 288.11631 FS. History‒New 2-12-14, Repealed 3-12-17.

Fla. Admin. Code R. 73A-2.005 Professional Sports Franchises

(1) The application period for those applying for certification to receive funding as a facility for a new or retained professional sports franchise pursuant to Section 288.1162, F.S., shall begin upon notice published by the Department in the Florida Administrative Register. In order to be considered for certification, an applicant must submit all information required under Section 288.1162(4), F.S., to the Florida Sports Foundation as indicated in the published notice.

(2) An original hard copy and two electronic copies on CD of all information submitted pursuant to subsection (1) of this rule, must be submitted to the Florida Sports Foundation at the following address in order for an applicant to be considered for certification:

Florida Sports Foundation

Attention: President

101 N. Monroe Street, Suite 1000

Tallahassee, FL 32301

Phone: (850)922-4493

(3)(a) Each applicant’s submitted information will be evaluated by the Department and no applicant will receive certification until the Department is able to verify and the applicant is able to meet the requirements set forth in Section 288.1162(4), F.S. Applicants must provide assistance to the Department and to the Florida Sports Foundation when verification is necessary.

(b) The Department may use the following methods of verifying the information submitted by an applicant:

1. Request more detailed information or explanation from the applicant in writing.

2. Examine all methods of the calculation used by an applicant.

3. Meet and/or discuss concerns with an applicant or its designated authority.

(4) Upon the Florida Sports Foundation’s receipt of the information required pursuant to subsection (1) of this rule, it will evaluate the submitted information and make a recommendation to the Department of whether an applicant has met the certification criteria set forth in Section 288.1162(4), F.S.

(5) No later than 30 business days after receipt of the information required pursuant to subsection (1) of this rule, the Florida Sports Foundation shall complete its evaluation and forward the submitted information, along with its recommendation, to the Department.

(6) No later than 30 business days after the Department’s receipt of the applicant’s information and the recommendation of the Florida Sports Foundation, the Department will review and evaluate the applicant’s submitted information. Following the Department’s review, it will notify the applicant as to the status of its request for certification.

(7) If an applicant’s request for certification is approved by the Department the applicant will be notified that it is now an applicant certified as a facility for a new or retained professional sports franchise.

(8) If an applicant’s request for certification is not approved by the Department, the applicant will be notified and provided with the Department’s specific reasons for not approving the applicant’s certification.

(9) If an applicant petitions the Department for review of its decision to not certify, the petition must be provided in writing to the Department at the following address: Division of Strategic Business Development, 107 East Madison Street, Mail Station 80, Caldwell Building, Tallahassee, Florida 32399. A petition must include the specific findings of fact which refute the Department’s enumerated findings provided to the applicant and must contain all supporting documentation.

(10) Upon receipt of the petition for review, the Department shall conduct a review of the applicant’s challenge compared to its original findings. The Florida Sports Foundation may provide a recommendation to the Department during this review.

(11) The outcome of the Department’s review is subject to review under Chapter 120, F.S.

(12) Pursuant to Sections 11.45(9)(b) and 288.1162(7), F.S., the Department may request the Auditor General to provide technical advice on financial and accounting systems, procedures, and related matters, having to do with distributions made to a professional sports franchise.

History

• Rulemaking Authority 288.1162(2) FS. Law Implemented 212.20(6)(d)6.b., 288.1162 FS. History–New 6-2-14.

Fla. Admin. Code R. 73A-2.006 Motorsports Entertainment Complex Certification

(1) The application period for those applying for certification to receive funding as a motorsports entertainment complex pursuant to Section 288.1171, F.S., shall begin upon notice published by the Department in the Florida Administrative Register. In order to be considered for certification, an applicant must submit all information required under Section 288.1171(3), F.S., to the Florida Sports Foundation as indicated in the published notice.

(2) An original hard copy and two electronic copies on CD or flash drive, of all information submitted pursuant to subsection (1) of this rule must be submitted to the Florida Sports Foundation at the following address in order for an applicant to be considered for certification:

Florida Sports Foundation

Attention: President

101 N. Monroe Street, Suite 1000

Tallahassee, FL 32301

Phone: (850)922-4493

Fax: (850)922-0482

(3)(a) Each applicant’s submitted information will be evaluated by the Department and no applicant will receive certification until the Department is able to verify and the applicant is able to meet the requirements set forth in section 288.1171(3), F.S. Applicants must provide assistance to the Department and to the Florida Sports Foundation when verification is necessary.

(b) The Department may use the following methods of verifying the information submitted by an applicant:

1. Request more detailed information or explanation from the applicant in writing.

2. Examine all methods of the calculation used by an applicant.

3. Meet and/or discuss concerns with an applicant or its designated authority.

(4) Upon the Florida Sports Foundation’s receipt of the information required pursuant to subsection (1) of this rule, it will evaluate the submitted information and make a recommendation to the Department of whether an applicant has met the certification criteria set forth in Section 288.1171(3), F.S.

(5) No later than 30 business days after receipt of the information required pursuant to subsection (1) of this rule, the Florida Sports Foundation shall complete its evaluation and forward the submitted information, along with its recommendation, to the Department.

(6) No later than 30 business days after the Department’s receipt of the applicant’s information and the recommendation of the Florida Sports Foundation, the Department will review and evaluate the applicant’s submitted information. Following the Department’s review, but not later than 120 days after the application was filed by the applicant, the Department will notify the applicant as to the status of its request for certification.

(7) If an applicant’s request for certification is approved the Department shall:

(a) Notify the applicant of its certification by an official letter granting certification.

(b) Notify the Department of Revenue of the applicant’s certification by providing it with a copy of the applicant’s official letter granting certification.

(8) If an applicant’s request for certification is not approved by the Department, within 10 days of the Department’s decision the applicant will be notified and provided with the Department’s specific reasons for not approving the applicant’s certification.

(9) If an applicant petitions the Department for review of its decision to not certify, the petition must be provided in writing within 30 days of the Department’s decision to the Department at the following address: Division of Strategic Business Development, 107 East Madison Street, Mail Station 80, Caldwell Building, Tallahassee, Florida 32399. A petition must include the specific findings of fact which refute the Department’s enumerated findings provided to the applicant and must contain all supporting documentation.

(10) Upon receipt of the petition for review, the Department shall conduct a review of the applicant’s challenge compared to its original findings. The Florida Sports Foundation may provide a recommendation to the Department during this review.

(11) The outcome of the Department’s review is subject to review under chapter 120, F.S.

History

• Rulemaking Authority 288.1171(2) FS. Law Implemented 218.64, 288.1171 FS. History–New 6-2-14.

Fla. Admin. Code R. 73A-2.007 Sports Development Program

History

• Rulemaking Authority 288.11625(14) FS. Law Implemented 288.11625 FS. History–New 6-21-16, Repealed pursuant to Section 120.536, F.S., 7-1-21

Chapter 73A-3 ENTERTAINMENT INDUSTRY FINANCIAL INCENTIVE PROGRAM

Fla. Admin. Code R. 73A-3.001 Definitions and Forms

This section defines terms and phrases used throughout chapter 73A-3, F.A.C. In this chapter, terms and phrases shall have the meanings defined in section 288.1254, F.S., or in this section. Terms and phrases not defined by statute or rule shall be construed according to their plain meaning, and in all cases with the objective of advancing the purpose of the rule in which they appear. All referenced forms are available on the internet at http://www.filminflorida.com or may be obtained from OFE.

(1) “Act” means section 28 of chapter 2010-147, Laws of Florida, codified at section 288.1254, F.S., (formerly known as the Don Davis Entertainment Industry Economic Development Act, chapter 2007-125, Laws of Florida).

(2) “Agreement” means the standard “Assurance of Compliance Agreement” form OTTED 1254-1 (12/10).

(3) “Applicant” means a Production company that seeks qualification and certification under the Act for allocation and award of tax credits.

(4) “Application” means the standard “Florida Entertainment Industry Financial Incentive Application” form OTTED 1254-2 (12/10).

(5) “Award Letter” means the standard “Florida Entertainment Industry Financial Incentive Program Award Decision Letter” form OTTED 1254-3 (12/10), signed by DEO and provided to the Certified Production.

(6) “Certification Letter” means the standard “Florida Entertainment Industry Financial Incentive Program Certification Decision Letter” form OTTED 1254-4 (12/10), signed by DEO and provided to the Certified Production.

(7) “Commercial and Music Video Queue” means the queue of Certified Productions, other than those eligible for the General Production Queue or the Independent and Emerging Media Production Queue.

(8) “Declaration of Florida Residency Form” means the standard “Florida Entertainment Industry Financial Incentive Program Declaration of Florida Residency” form OTTED 1254-5 (12/10).

(9) “Florida Worker” means a person who is either:

(a) A legal resident of the State, as demonstrated by a valid Florida driver’s license or other State-issued identification accompanied by a completed and signed Declaration of Florida Residency Form; or

(b) A student enrolled full-time in a film-and-entertainment-related course of study at an institution of higher education in the State.

(10) “Florida Qualified Vendor” means a vendor or supplier in the State that is registered with the Department of State or the Department of Revenue, has a physical location in the State, and employs one or more Florida Workers (when provided services include personal services or labor, only personal services or labor provided by Florida Workers will qualify).

(11) “General Production Queue” means the queue of Certified Productions, other than those eligible for the Commercial and Music Video Queue or the Independent and Emerging Media Production Queue.

(12) “Independent and Emerging Media Queue” means the queue of Certified Productions, other than those eligible for the General Production Queue or the Commercial and Music Video Queue.

(13) “OFE” means the Office of Film and Entertainment, whose address is: The Capitol, 400 S. Monroe Street, Tallahassee, Florida 32399.

(14) “Department” means Department of Economic Opportunity whose address is 107 East Madison Street, Caldwell Building, Tallahassee, Florida 32399-4120.

(15) “Program” means the Entertainment Industry Financial Incentive Program established by the Act.

(16) “Qualification and Recommendation Memo” means the standard “Florida Entertainment Industry Financial Incentive Program Qualification and Recommendation” form OTTED 1254-6 (12/10), submitted to the Department by the OFE Director (Film Commissioner).

(17) “Queue” means one or all, as the context makes clear, of the General Production Queue, the Commercial and Music Video Queue, or the Independent and Emerging Media Queue.

(18) “Reasonable Schedule” means that the Recipient maintains its production schedule as provided to OFE, which includes beginning principal photography or the production project in the State no more than forty-five (45) calendar days before or after the principal photography or project start date indicated in the Application.

(19) “Recipient” means an Applicant that, after a certification process, the Department certifies to receive Program credits and that enters into an Agreement with OFE.

(20) “Request for Confidentiality Form” means the standard “Florida Entertainment Industry Financial Incentive Program Request for Confidentiality” form OTTED 1254-7 (12/10).

(21) “Summary Statement” means the standard “Florida Entertainment Industry Financial Incentive Program Summary Statement” form OTTED 1254-8 (12/10).

(22) “State” means the State of Florida, either as a political entity or in the sense of geographical boundaries, as made clear from the context.

(23) “Tax Credit Election Form” means the standard “Florida Entertainment Industry Financial Incentive Program Tax Credit Election” form OTTED 1254-9 (12/10).

(24) “Tax Credit Transfer Form” means the standard “Florida Entertainment Industry Financial Incentive Program Tax Credit Transfer” form OTTED 1254-10 (12/10).

History

• Rulemaking Authority 288.1254(8) FS. Law Implemented 288.1254 FS. History–New 12-30-10, Formerly 27M-5.001.

Fla. Admin. Code R. 73A-3.002 Application Process

History

• Rulemaking Authority 288.1254(8) FS. Law Implemented 288.1254(3) FS. History–New 12-30-10, Formerly 27M-5.002, Repealed 2-14-17.

Fla. Admin. Code R. 73A-3.003 Qualification Process

History

• Rulemaking Authority 288.1254(8) FS. Law Implemented 288.1254(3), 288.1254(4) FS. History–New 12-30-10, Formerly 27M-5.003, Repealed 2-14-17.

Fla. Admin. Code R. 73A-3.004 Certification Decision Process

History

• Rulemaking Authority 288.1254(8) FS. Law Implemented 288.1254(3) FS. History–New 12-30-10, Formerly 27M-5.004, Repealed 2-14-17.

Fla. Admin. Code R. 73A-3.005 Verification of Actual Qualified Expenditures

(1) After all Qualified Expenditures have been made, the Certified Production shall hire an independent Florida-based and Florida-licensed Certified Public Accountant (CPA) of the Certified Production’s choosing, at the Certified Production’s expense, to verify the Qualified Expenditures.

(2) After the CPA verifies the actual Qualified Expenditures, the Certified Production Company shall submit to OFE a final report, which shall include:

(a) The CPA’s compliance audit.

(b) A letter from the CPA outlining its verification procedures.

(c) Proof the CPA has been fully paid. Such payment shall not be considered a Qualified Expenditure.

(d) A final report on the agreed upon procedures by the CPA determining the amount of Qualified Expenditures incurred by the Certified Production.

(e) Qualified Expenditures broken out by type: accounts payable to Florida Qualified Vendors, petty cash, and Florida Worker payroll (the latter being provided as separate files for the cast, crew, and extras and including Declaration of Florida Residency Forms, OTTED 1254-5 (12/10), which is hereby incorporated by reference)).

(f) A completed Summary Statement (form OTTED 1254-8 (12/10), which is hereby incorporated by reference) signed by an authorized officer of the Certified Production company.

(g) A copy of all data substantiating the Qualified Expenditures (receipts, invoices, cancelled checks, payroll records, etc.). Any substantiation which OFE considers not a Qualified Expenditure will be returned to the Certified Production Company for written rebuttal. If no written rebuttal is received within 10 business days, the expenses will not be considered a Qualified Expenditure. If written rebuttal is submitted within the required 10 business days, OFE will review the written rebuttal and, in the event OFE’s decision remains the same, the rebuttal will be referred to the Department for final determination.

History

• Rulemaking Authority 288.1254(8) FS. Law Implemented 288.1254(3) FS. History–New 12-30-10, Formerly 27M-5.005.

Fla. Admin. Code R. 73A-3.006 Withdrawal of Tax Credit Eligibility

The Department shall withdraw the tax credit eligibility of a Certified Production that does not continue on a Reasonable Schedule. Failure to provide information requested by the Department to demonstrate progression on a Reasonable Schedule shall result in certification being withdrawn and the loss of tax credit eligibility.

History

• Rulemaking Authority 288.1254(8) FS. Law Implemented 288.1254(4)(c) FS. History–New 12-30-10, Formerly 27M-5.006.

Fla. Admin. Code R. 73A-3.007 Award of Tax Credit

(1) OFE shall review the accountant’s final report, submitted under subsection 73A-3.005(2), F.A.C., and then report to the Department the final verified amount of actual Qualified Expenditures made by the Certified Production.

(2) The Department shall determine and approve the final tax credit award amount to each Certified Production. The Department shall document its award using the Award Letter (form OTTED 1254-3 (12/10), which is hereby incorporated by reference), the original of which the Department shall send to each Qualified Applicant, with a copy to the Department of Revenue.

(3) The final tax credit award amount may not exceed the maximum tax credit award amount certified, neither per fiscal year nor in the aggregate. The Award Letter shall specify the fiscal year(s) in which the awarded credits may be applied against tax liability.

(4) Awarded tax credits may later be revoked or forfeited as provided in section 288.1254(9), F.S.

(5) Award decisions shall be subject to review under chapter 120, F.S.

History

• Rulemaking Authority 288.1254(8) FS. Law Implemented 288.1254(3)(f), 288.1254(9) FS. History–New 12-30-10, Formerly 27M-5.007.

Fla. Admin. Code R. 73A-3.008 Election of Tax Credits

(1) Within fourteen (14) days after receipt of the Award Letter, the awardee shall file with the Department a completed Tax Credit Election Form (form OTTED 1254-9 (12/10), which is hereby incorporated by reference), which shall constitute an irrevocable election to apply the tax credit against taxes due under chapter 220, F.S., against taxes collected or accrued under chapter 212, F.S., or against a stated combination of the two taxes.

(2) Within fourteen (14) days after the Department receives a completed Tax Credit Election Form, the Department shall provide a copy of the form to the Department of Revenue.

History

• Rulemaking Authority 288.1254(8) FS. Law Implemented 288.1254(4)(d) FS. History–New 12-30-10, Formerly 27M-5.008.

Fla. Admin. Code R. 73A-3.009 Transfer of Tax Credits

(1) A Recipient electing to transfer credits shall apply for the transfer using the Tax Credit Transfer Form (form OTTED 1254-10 (12/10), which is hereby incorporated by reference).

(2) Within fourteen (14) days after the receipt of a completed Tax Credit Transfer Form, the Department shall determine whether transfer is authorized under section 288.1254(5), F.S., and, if it so authorized, provide a copy of the form to the Department of Revenue.

History

• Rulemaking Authority 288.1254(8) FS. Law Implemented 288.1254(5) FS. History–New 12-30-10, Formerly 27M-5.009.

Chapter 73A-4 APPORTIONMENT BY SALES FACTOR

Fla. Admin. Code R. 73A-4.001 Definitions and Forms

The following capitalized terms have the meanings indicated. Referenced forms are available on the Internet at http://www.floridajobs.org or may be obtained from the Division.

(1) “Applicant” means a taxpayer that applies to qualify as eligible to apportion its adjusted federal income under section 220.153, F.S.

(2) “Application” means the “Apportionment by Sales Factor Application” form DSBD 153-2, http://www.flrules.org/Gateway/reference.asp?No=Ref-02874, effective 4/2012, which is hereby incorporated by reference.

(3) “Division” means the Department of Economic Opportunity, Division of Strategic Business Development, which is located at the address: 107 East Madison Street, Mail Station 80, Caldwell Building, Tallahassee, Florida 32399.

(4) “Notice of Intent” means the “Notice of Intent to Apply for Apportionment by Sales Factor” form DSBD 153-1, http://www.flrules.org/Gateway/reference.asp?No=Ref-02873, effective 4/2012, which is hereby incorporated by reference.

History

• Rulemaking Authority 220.153(5) FS. Law Implemented 220.153 FS. History–New 7-30-13.

Fla. Admin. Code R. 73A-4.002 Qualification Process

(1) An Applicant must submit a Notice of Intent, form DSBD 153-1, to the Division in order to commence the two year period for measuring qualified capital expenditures.

(2) The Division shall acknowledge in writing receipt of the Applicant’s Notice of Intent to apply and specify that the two year period for submitting the Application has commenced.

(3) The Division shall have ten (10) business days to review each Application for completeness and to notify any Applicant in writing if the Division determines that it is incomplete. The Division’s notice shall specify the reasons for its determination, and the Applicant shall have fifteen (15) business days after receipt of such notice to submit a revised Application to the Division. If the Applicant fails to submit a revised Application within the required time, the Division shall notify the Applicant in writing that it is not approved. The Division shall notify the Florida Department of Revenue of any approved Application.

History

• Rulemaking Authority 220.153(5) FS. Law Implemented 220.153 FS. History–New 7-30-13.

Chapter 73A-5 SPACEFLIGHT BUSINESS TAX CREDIT PROGRAM

Fla. Admin. Code R. 73A-5.001 Applicability and Limitations

History

• Rulemaking Authority 220.194(8) FS. Law Implemented 220.194 FS. History–New 1-1-14, Repealed 2-24-21.

Fla. Admin. Code R. 73A-5.002 Definitions

History

• Rulemaking Authority 220.194(8) FS. Law Implemented 220.194 FS. History‒New 1-1-14, Repealed 2-24-21.

Fla. Admin. Code R. 73A-5.003 Tables

History

• Rulemaking Authority 220.194(8) FS. Law Implemented 220.194 FS. History‒New 1-1-14, Repealed 2-24-21.

Fla. Admin. Code R. 73A-5.004 Application for approval Process

History

• Rulemaking Authority 220.194(8) FS. Law Implemented 220.194 FS. History‒New 1-1-14, Repealed 2-24-21.

Fla. Admin. Code R. 73A-5.005 Application for Certification Process

History

• Rulemaking Authority 220.194(8) FS. Law Implemented 220.194 FS. History‒New 1-1-14, Repealed 2-24-21.

Fla. Admin. Code R. 73A-5.006 Revocation or Modification of Certification to Take or Transfer Tax Credits

History

• Rulemaking Authority 220.194(8) FS. Law Implemented 220.194 FS. History‒New 1-1-14, Repealed 2-24-21.

Chapter 73A-7 RURAL COMMUNITY INVESTMENT PROGRAM

Fla. Admin. Code R. 73A-7.001 Definitions

(1) Applicability of statutory definitions. The definitions in section 288.062, F.S., apply to these rules. For the purpose of administering section 288.062, F.S., and these rules, the following additional definitions apply:

(a) “Average Salary” means the arithmetic mean of annualized cash wages for all Full-Time Employment Positions employed at any time during the Reporting Period, excluding employer-paid benefits and payroll taxes. For partial-year employment, cash wages are annualized based on wages paid during the period of employment.

(b) “Capital Investment” means a commitment of financial resources, such as cash, equipment, buildings, or land, made to acquire, improve, or expand an eligible business.

(c) “Completed Application” means an application on either Form COM-73-001, Application for Certification as a Rural Fund (effective date 04/2026), which is incorporated by reference and available online at: http://flrules.org/Gateway/reference.asp?No=Ref-19141, or in the Department’s electronic system that contains all elements required by section 288.062(3), F.S., subsection 73A-7.002(2), F.A.C., and includes all attachments and supporting documentation required to be deemed complete.

(d) “County Attribution” means the Florida county of the employee’s primary work location. For employees who work remotely, County Attribution is the physical address on file for payroll purposes.

(e) “Days” means business days unless otherwise stated.

(f) “Department” means the Florida Department of Commerce.

(g) “Eligible Business” means a business that, at the time a rural fund initially invests in the business:

1. Has fewer than 250 employees;

2. Has its principal business operations located in this state;

3. Has its principal business operations located in a rural community in this state, unless this requirement is waived by the department pursuant to section 288.062(8), F.S.; and

4. Is not a foreign entity as defined in section 288.0071, F.S.

(h) “Executive Officer” means the chairman of the board of directors, chief executive officer, chief financial officer, president, vice chairman, or executive vice president.

(i) “Equity Investment” means the purchase of ownership interests in an eligible business.

(j) “Full-Time Employment Position” means for purposes of reporting under these rules, a position requiring at least 35 hours of work per week for a 12-month period.

(k) “Investor” means taxpayer as that term is defined in section 288.062(2)(m), F.S.

(l) “Jobs” Created means new Full-Time Employment Positions established and filled by the eligible business during the Reporting Period which did not exist as of the first day of the Reporting Period. Transfers of existing positions between locations are not counted as jobs created unless the transfer results in a net increase in positions in this state.

(m) “Primary Residence” means the dwelling where an employee regularly lives as their main home. It is the place the employee intends to return after work, and it is the address used for tax filings, driver’s license, voter registration, or other official records.

(n) “Program” means the Rural Community Investment Program.

(o) “Reporting Period” means, for reports required by section 288.062(11), F.S., the 12-month period beginning on the day after the prior anniversary of the Credit Certification Date and ending on the day before the current anniversary.

(p) “Revenue Impact Assessment” means the analysis described in section 288.062(3)(e), F.S. The assessment should include methodologies, assumptions, and data sources sufficient to permit verification; upon request, the preparer must provide such information to the Department.

(q) “Salary Range” means, for all Full-Time Employment Positions employed at any time during the Reporting Period, the lowest and highest annualized cash wages paid, excluding employer-paid benefits and payroll taxes.

History

• Rulemaking Authority 288.062(13) FS. Law Implemented 288.062 FS. History–New 4-22-26.

Fla. Admin. Code R. 73A-7.002 Applications

(1) Application Period. Applications for certification will open on November 1, 2025, and will remain open until the maximum amount of investment authority permitted by section 288.062, F.S., is reached.

(2) Application. Applicants must complete and submit Form COM-73-001, Application for Certification as a Rural Fund (effective date 04/2026), which is incorporated by reference and available online at: http://flrules.org/Gateway/reference.asp?No=Ref-19142, and accompanying documents. Applications must be submitted electronically to RCIP@commerce.fl.gov or via the application portal identified on the Department’s website. An application is received on the date, hour and minute recorded by the Department’s server of record, Eastern Time (U.S.). Accompanying documents include:

(a) The investment authority sought by the applicant.

(b) A copy of the applicant’s license as a rural business investment company under 7 U.S.C. § 2009cc or as a small business investment under 15 U.S.C. § 681, and a certificate submitted on Form COM-73-002, Investment License Certification Statement (effective date 04/2026), which is incorporated by reference and available online at: http://flrules.org/Gateway/reference.asp?No=Ref-19143, and executed by an executive officer of the applicant attesting that such license remains in effect and has not been revoked.

(c) Evidence that, as of the date the application is submitted, the applicant has invested through itself, or together and with its affiliates that at least $100 million in nonpublic companies located in counties within the United States with a population of less than 75,000 as of the United States Decennial Census of 2020.

1. The applicant must provide proof of the $100 million investment amount by providing bank statements reflecting outgoing funds tied to the investment, audited financial statements of the applicant showing the $100 million investment, or purchase/loan agreement with the investment amounts clearly stated.

2. The applicant must provide the name of the nonpublic companies, the amount of investment provided to each nonpublic company, and the county and state in which the nonpublic companies have their principal business operations in.

3. The applicant must provide an attestation via a notarized affidavit submitted on Form COM-73-003 (effective date 04/2026), Affidavit of Investment, which is incorporated by reference and available online at: http://flrules.org/Gateway/reference.asp?No=Ref-19144, signed by an executive officer of the applicant that the applicant has invested at least $100 million in nonpublic companies located in counties within the United States with a population of less than 75,000 as of the United States Decennial Census of 2020.

(d) An estimate of the total number of new annual jobs that will be created and total jobs retained over the life of the program in the state because of the applicant’s proposed eligible investments.

(e) A business plan that includes a revenue impact assessment projecting state and local tax revenues to be generated, as well as state expenditures to be reduced, by the applicant’s proposed eligible investments, which is prepared by a nationally recognized third-party independent economic forecasting firm using a dynamic economic forecasting model that analyzes the applicant’s business plan over the 10 years after the date the application is submitted to the Department. The revenue impact assessment must result in a positive fiscal impact to the state over the 10-year period. The assessment must verify that the positive economic impact will exceed the cumulative amount of the applicant’s requested tax credit. The assessment must include accounting for the costs for existing state tax incentives utilized by potentially eligible businesses. The business plan must also include information on how the applicant will ensure that at least 70 percent of the eligible investments will be made to rural communities.

(f) Organization chart showing the ownership structure and relationship for the rural fund, its affiliates, and its investors.

(g) Affidavit submitted using Form COM-73-004 (effective date 04/2026), Foreign Entity Compliance, which is incorporated by reference and available online at: http://flrules.org/Gateway/reference.asp?No=Ref-19145, and signed by an executive officer of the applicant under penalty of perjury attesting that the applicant is not a foreign entity in accordance with section 288.0071, F.S.

(h) Names of the executive officers of the applicant and the affiliates of the applicant.

(i) If the applicant has or will have employees working in the State, a copy of the applicant’s signed E-Verify Memorandum of Understanding with the U.S Department of Homeland Security.

(j) A signed application certification statement submitted using Form COM-73-005 (effective date 04/2026), Application for Certification Statement, which is incorporated by reference and available online at: http://flrules.org/Gateway/reference.asp?No=Ref-19147, and signed by an executive officer of the applicant.

(k) Any other information requested by the Department.

(3) Complete Application. An application will be deemed complete when the Department determines that all required information and documentation has been provided to the Department. The Department may request additional information from the applicant. The applicant will have 10 calendar days to submit additional information requested by the Department. An application will be deemed incomplete if the additional information requested is not provided within 10 calendar days of the Department’s request. The 60-day review period will not commence until the Department receives all information necessary to constitute a completed application. If the Department requests additional information after the 60-day period has begun, the running of the 60-day period is tolled from the date of the Department’s request until the applicant provides the requested information. The Department’s failure to act within the 60-day period does not constitute approval of the application.

(4) Amendments. An application cannot be amended once it has been submitted to the Department other than for the Department’s request for additional information. An applicant may withdraw and resubmit its application if the applicant needs to amend its application. An applicant must notify the Department in writing of its intent to withdraw its application.

(5) Upon receipt of an application for certification of a rural fund, the Department shall review the application for completeness and compliance with section 288.062(3), F.S., and subsection (2) of this rule.

(6) Failure to complete and submit any of the documents listed in subsection (2) of this rule will result in the application being deemed incomplete.

(7) Within 60 days after receipt of a completed application, the Department shall approve or deny the application.

History

• Rulemaking Authority 288.062(13) FS. Law Implemented 288.062 FS. History–New 4-22-26.

Fla. Admin. Code R. 73A-7.003 Certification

(1) The Department will certify rural funds in the order completed applications were received or deemed received by the Department. Applications accepted by the Department on the same day will be considered as submitted simultaneously. The Department will certify applications submitted simultaneously in proportionate percentages based on the ratio of the amount of investment authority requested in an application to the total amount of investment authority requested in all applications submitted simultaneously. Completed applications “received on the same day” are those received between 12:00:00 a.m. and 11:59:59 p.m., Eastern Standard Time, on the same calendar day. The Department shall cumulatively certify up to $140 million in investment authority during the existence of the Program.

(2) Applications shall be denied if:

(a) The applicant fails to satisfy all statutory requirements;

(b) The applicant fails to demonstrate that the applicant’s revenue impact assessment will result in a positive economic impact on the state of Florida over a ten-year period that exceeds the cumulative amount of tax credits that would be issued to the applicant if the application were approved; or

(c) The Department has already approved the maximum amount of investment authority of $140 million.

(3) The Department will provide written notice of certification to the applicant within 60 days of receipt of a completed application. The Department’s certification will:

(a) Certify the applicant as the rural fund.

(b) Certify the amount of the rural fund’s investment authority. The rural fund’s investment authority will be established by the Department.

(c) Certify the amount of tax credits available to persons who make investor contributions in the rural fund. The certified tax credits must equal 25% of the rural investment authority authorized by the Department in the notice of certification.

(d) Include a statement that tax credits may not be taken against state tax liability until the rural fund receives a final order from the Department.

History

• Rulemaking Authority 288.062(13) FS. Law Implemented 288.062 FS. History–New 4-22-26.

Fla. Admin. Code R. 73A-7.004 Tax Credits

(1) Within 90 calendar days of the applicant receiving the Department’s notification of certification, the rural fund shall collect all investor contributions. The investor contributions collected must equal the investment authority specified in the Department’s notification of certification to the applicant.

(2) If the rural fund does not receive investor contributions in an amount equal to its investment authority within 90 calendar days after receiving the notification of certification, the Department will revoke the rural fund’s certification. A revoked certification shall revert to the Department and shall be reissued pro rata to each rural fund that was awarded less than the investment authority for which it applied and then to new applicants in accordance with the application process.

(3) Within 95 calendar days after certification, the rural fund must file Form COM-73-006 (effective date 04/2026), Investor Contributions Notice, which is incorporated by reference and available online at: http://flrules.org/Gateway/reference.asp?No=Ref-19148, with the Department electronically to RCIP@commerce.fl.gov, which must include:

(a) The total amount of investor contributions collected;

(b) The date on which each investor contribution was collected;

(c) For each investor, the investor’s legal name, taxpayer identification number, and amount contributed to the rural fund;

(d) Evidence of receipt of the rural fund receiving investor contributions, such as bank statements or other financial institution documentation acceptable to the Department;

(e) The name, mailing address, and tax identification number of each investor who is eligible to claim a tax credit and the amount of credits that may be claimed by each investor;

(f) An affidavit submitted using Form COM-73-004 (effective date 04/2026), Foreign Entity Compliance, which is incorporated by reference and available online at: http://flrules.org/Gateway/reference.asp?No=Ref-19146, and signed by executive officer from each investor attesting, under penalty of perjury, that the investor is not a foreign entity in accordance with section 288.0071, F.S.; and

(g) Any other information required by the Department.

(4) The rural fund’s failure to timely transmit complete documentation shall result in revocation of the rural fund’s certification. A revoked certification shall revert to the Department and shall be reissued pro rata to each rural fund that was awarded less than the investment authority for which it applied and then to new applicants in accordance with the application process.

(5) Final Orders Certifying Tax Credits. After the Department timely receives the rural fund’s Form COM-73-006 (effective date, 04/2026), Investor Contributions Notice, which is incorporated by reference and available online at: http://flrules.org/Gateway/reference.asp?No=Ref-19148, and complete, supporting documentation, the Department shall issue a final order. The Department’s final order will include:

(a) The taxpayer’s legal name;

(b) The taxpayer’s identification number;

(c) The amount of tax credit certified;

(d) The Credit Certification Date; and

(e) A reference to the applicable rural fund certification.

The Department will transmit a copy of the final order to the Department of Revenue and to the rural fund. The rural fund is responsible for providing the final order to the taxpayers listed in the final order.

(6) Investor Contribution Records. Rural funds must maintain documentation for each investor contribution, including bank wire confirmations or canceled checks and an executed agreement for the equity or debt instrument.

(7) Transfer of Tax Credits. A taxpayer must notify the Department of its intent to transfer any earned credit under section 288.062(6)(b)2., F.S., to an affiliate of the rural fund within 30 calendar days of the transfer.

(8) Request for Written Opinion. A rural fund may request a written opinion from the Department as to whether a business the rural fund proposes to invest in meets the definition of eligible business as defined in section 288.062(2)(d), F.S. The Department will issue a written determination to the rural fund within 15 days after the Department receives the request. If the rural fund submits insufficient information for the Department to make a determination, the Department will issue an inconclusive determination letter. The rural fund must submit its request using Form COM-73-007 (effective date 04/2026), Eligible Business Determination Form, which is incorporated by reference and available online at: http://flrules.org/Gateway/reference.asp?No=Ref-19149. The request for written opinion shall include the following documentation:

(a) Information proving that the business maintains its principal business operations in a rural community, as defined in section 288.062(2)(j), F.S., in the state.

(b) Information proving that the business has fewer than 250 Full-Time Equivalent Employees.

(c) The location where at least 60 percent of the business’s employees work.

(d) Physical locations of the business and any related business under the same federal employer identification number.

(e) Type of investment- capital or equity.

(f) Amount that a rural fund is considering investing in the business.

(g) The federal employer identification number of each business planned to receive an eligible investment.

(h) Annual payroll at each location if the determination of eligibility will be based on payroll. If determination will not be based on payroll, this is not needed.

(i) Information sufficient to identify any affiliates of the business.

(9) Claiming Credits.

(a) Upon receipt of a final order from the Department, a taxpayer earns a vested right to a credit against such entity’s state tax liability that may be utilized in each of the tax years containing the first through fifth credit certification date of such investment in an amount equal to the applicable percentage set forth below for such credit certification date multiplied by the purchase price paid to the rural fund for the investment. The applicable percentages that may be claimed are:

1. Credit Allowance Year Number 1 – 20 percent;

2. Credit Allowance Year Number 2 – 20 percent;

3. Credit Allowance Year Number 3 – 20 percent;

4. Credit Allowance Year Number 4 – 20 percent; and

5. Credit Allowance Year Number 5 – 20 percent.

(b) The amount of the credit claimed by a taxpayer or transferee shall not exceed the amount of such entity’s state tax liability for the tax year for which the credit is claimed. Any amount of credit that a taxpayer or transferee is prohibited from claiming in a taxable year may be carried forward for use in a subsequent taxable year until the tax year containing the 11th credit certification date.

History

• Rulemaking Authority 288.062(13) FS. Law Implemented 288.062 FS. History–New 4-22-26.

Fla. Admin. Code R. 73A-7.005 Revocation

(1) The Department will recapture, from a taxpayer, the credit allowed under section 288.062, F.S., if:

(a) The rural fund does not invest 60 percent of its investment authority in eligible businesses in the state of Florida before the rural fund’s second credit certification date;

(b) The rural fund does not invest 100 percent of its investment authority in eligible businesses before its third credit certification date, with at least 70 percent of such eligible investments made in a rural community;

(c) Should the rural fund fail to meet the conditions of paragraph (1)(b) in any year after the rural fund’s third credit certification date and until the rural fund exits the Program in accordance with section 288.062(10), F.S., the Department shall recapture credits based upon the following schedule:

1. If the rural fund fails to invest or fails to maintain investment authority in eligible businesses at a percentage of at least 90 percent, all credits will be subject to recapture.

2. If the rural fund fails to invest or fails to maintain investment authority in eligible businesses at a percentage above 90 percent, but below 100 percent, the percentage subject to recapture will be equal to the amount by which the rural fund failed to achieve 100 percent investment.

(d) The rural fund, before exiting the Program in accordance with section 288.062(10), F.S., makes a distribution or payment that results in the rural fund having less than 100 percent of its investment authority invested in eligible businesses;

(e) The rural fund invests in an eligible business that directly, or indirectly through an affiliate, owns, has the right to acquire an ownership interest in, makes a loan to, or makes an investment in the rural fund of an affiliate of the rural fund or an investor in the rural fund;

(f) The rural fund submitted false or misleading, or materially incomplete information in its application or in subsequent reports; or

(g) The rural fund does not submit a report required by section 288.062, F.S., these rules, or submits incomplete information in the reports.

(2) Enforcement of the recapture provisions of paragraphs (a), (b), (c), (d), (e), (f), and (g) of subsection (1) herein shall be subject to a six-month cure period. No recapture shall occur until the rural fund has received notice of noncompliance and has been afforded six months from the date of receipt of such notice to cure the noncompliance. The Department will also provide notice of noncompliance to the taxpayer(s) or transferee, as applicable, and the Department of Revenue. The Department’s notice of noncompliance will identify the statutory or rule provision at issue, the facts constituting the deficiency, the corrective action required, and the six-month cure deadline.

(3) The Department must issue a final order recapturing the tax credits if the rural fund fails to cure a deficiency by the 6-month cure deadline.

(4) A revoked tax credit shall not be claimed, transferred, or carried forward.

History

• Rulemaking Authority 288.062(13) FS. Law Implemented 288.062 FS. History–New 4-22-26.

Fla. Admin. Code R. 73A-7.006 Waiver

(1) The Department will consider a waiver request under section 288.062(8), F.S., from a rural fund. The rural fund must provide evidence to the Department that the business is located on land classified as agricultural under section 193.461, F.S., or that the primary residence of a majority of the business’s employees is in a rural community as defined in section 288.062(2)(j), F.S.

(a) The rural fund must provide official property tax statements, online records from the applicable county property appraiser’s office, recorded deed, or recorded plat map as evidence that the business is located on land classified as agricultural.

(b) The rural fund must provide copies of driver’s licenses, voter registration cards, lease or mortgage statements, tax statements, recorded deeds, online records from the applicable county property appraiser’s office, or utility bills that show the business’s employee’s primary residence is in a rural community. The rural fund must provide this documentation for a majority of the business’s employees as evidence that the employees’ primary residence is in a rural community. Majority of the business’s employees means more than 50 percent of all full-time employees have their primary residence in a rural community.

(2) Effect of waiver. A waiver granted under section 288.062(8), F.S., does not alter the requirement in section 288.062, F.S., that at least 70 percent of the investment authority be invested in rural communities.

History

• Rulemaking Authority 288.062(13) FS. Law Implemented 288.062 FS. History–New 4-22-26.

Fla. Admin. Code R. 73A-7.007 Program Exit

(1) Application to exit. A rural fund may apply to exit the Program by submitting Form COM-73-008 (effective date 04/2026), Rural Fund Exit Application, which is incorporated by reference and available online at: http://flrules.org/Gateway/reference.asp?No=Ref-19150, electronically to RCIP@commerce.fl.gov to the Department on or after the sixth anniversary of its Credit Certification Date.

(2) The Department shall review each application to determine whether credits have been recaptured, whether the rural fund has received a notice of recapture that has not been cured, and whether there are any carryover credits or unused credits remaining.

(3) The Department shall approve or deny the completed application within 15 days after the Department’s receives a completed Form COM-73-008 (effective date 04/2026), Rural Fund Exit Application, which is incorporated by reference and available online at: http://flrules.org/Gateway/reference.asp?No=Ref-19150. Denial notices shall include the reason(s) for the determination.

History

• Rulemaking Authority 288.062(13) FS. Law Implemented 288.062 FS. History–New 4-22-26.

Fla. Admin. Code R. 73A-7.008 Reporting

(1) The rural fund shall submit to the Department a report on or before the 15th business day after the second and third Credit Certification Dates. The reports shall be submitted electronically to RCIP@commerce.fl.gov in the format specified on Form COM-73-009 (effective date 04/2026), Annual and Final Report, which is incorporated by reference and available online at: http://flrules.org/Gateway/reference.asp?No=Ref-19151, and include the information required by section 288.062(11)(a), F.S. Such report shall include the following for each eligible business:

(a) The name of each eligible business who received an eligible investment and the amount of eligible investment received;

(b) The county of each eligible business receiving an eligible investment;

(c) The percentage of eligible investments made in rural communities;

(d) The names of the eligible businesses located in rural communities that received eligible investments and the amount of eligible investment received;

(e) Financial documentation that the rural fund has invested the amounts required in section 288.062(7)(a), F.S. Acceptable financial documentation includes bank statements, wire transfers, or canceled checks.

(f) Bank statements of such rural fund evidencing each eligible investment;

(g) If requested of the Department, a copy of the written opinion of the Department that such business was an eligible business at the time of such eligible investment, or evidence that the Department failed to respond to a request for eligibility within 15 days of such request (as evidenced by a signed certification of the fund manager of such request and the Department’s failure to respond), as applicable;

(h) The number of jobs created as a result of each eligible investment;

(i) The number of jobs retained as a result of each eligible investment;

(j) An affidavit, using Form COM-73-010 (effective date 04/2026), Affidavit for Jobs Retained, which is incorporated by reference and available online at: http://flrules.org/Gateway/reference.asp?No=Ref-19152, from each eligible business’s chief executive officer providing that the jobs retained would have been eliminated but for the initial eligible investment;

(k) The average annual salary of jobs created as a result of each eligible investment;

(l) The average annual salary of jobs retained as a result of each eligible investment;

(m) The median salary of jobs created as a result of each eligible investment;

(n) The median salary of jobs retained as a result of each eligible investment;

(o) The salary range of jobs created as a result of each eligible investment;

(p) The salary range of jobs retained as a result of each eligible investment;

(q) The eligible businesses revenue or profit before the eligible investment;

(r) The eligible businesses revenue or profit after the eligible investment;

(s) Documentation of all distributions during the rural fund’s first two years related to the reasonable costs and expenses of forming, syndicating, managing, and operating the rural fund. Such distributions include reasonable and necessary fees paid for professional services, including legal and accounting services, related to the formation and operation of the rural fund; and

(t) Any additional information requested by the Department.

(2) On or before the fourth Credit Certification Date and annually thereafter until Program exit the rural fund shall submit to the Department a report on or before the 15th business day after the second and third Credit Certification Dates. The reports shall be submitted electronically to RCIP@commerce.fl.gov in the format specified on Form COM-73-009 (effective date 04/2026), Annual and Final Report, which is incorporated by reference and available online at: http://flrules.org/Gateway/reference.asp?No=Ref-19151, and include the information required by section 288.062(11)(b), F.S. Such report shall include:

(a) The name of each eligible business who received an eligible investment and the amount of eligible investment received;

(b) The county of each eligible business receiving an eligible investment;

(c) The percentage of eligible investments made in rural communities;

(d) The names of the eligible businesses located in rural communities that received eligible investments and the amount of eligible investment received;

(e) Financial documentation that the rural fund has invested the amounts required in section 288.062(7)(a), F.S. Acceptable financial documentation includes bank statements, wire transfers, or canceled checks;

(f) Bank statements of such rural fund evidencing each eligible investment;

(g) If requested of the Department, a copy of the written opinion of the Department that such business was an eligible business at the time of such eligible investment, or evidence that the Department failed to respond to a request for eligibility within 15 days of such request (as evidenced by a signed certification of the fund manager of such request and the Department’s failure to respond), as applicable;

(h) The number of jobs created as a result of each eligible investment;

(i) The number of jobs retained as a result of each eligible investment;

(j) An affidavit from each eligible business’s chief executive officer providing that the jobs retained would have been eliminated but for the initial eligible investment;

(k) The average annual salary of jobs created as a result of each eligible investment;

(l) The average annual salary of jobs retained as a result of each eligible investment;

(m) The median salary of jobs created as a result of each eligible investment;

(n) The median salary of jobs retained as a result of each eligible investment;

(o) The salary range of jobs created as a result of each eligible investment;

(p) The salary range of jobs retained as a result of each eligible investment;

(q) The eligible businesses revenue or profit before the eligible investment;

(r) The eligible businesses revenue or profit after the eligible investment;

(s) Documentation of all distributions during the rural fund’s third, fourth, and fifth years related to the reasonable costs and expenses of forming, syndicating, managing, and operating the rural fund. Such distributions include reasonable and necessary fees paid for professional services, including legal and accounting services, related to the formation and operation of the rural fund; and

(t) Any additional information requested by the Department.

(3) A rural fund must, upon the Department’s request, provide the following to the Department:

(a) A schedule showing compliance with the 60% and 100% investment thresholds as of the second and third anniversaries of the Credit Certification Date;

(b) A maintenance schedule demonstrating that at least 70% of investment authority remains invested thereafter; and

(c) If any eligible investment is repaid or sold, documentation showing reinvestment within 12 months after receipt of capital or by the end of the following calendar year, whichever is later. Acceptable documentation includes, but is not limited to, bank statements, wire confirmations, general ledger extracts, cap tables, payoff statements, or executed agreements.

History

• Rulemaking Authority 288.062(13) FS. Law Implemented 288.062 FS. History–New 4-22-26.

Division 73B Division of Workforce Services

Chapter 73B-1 WORKFORCE SERVICES; WORKFORCE PROGRAMS’GRIEVANCE, COMPLAINT, HEARING AND APPEAL PROCEDURES

Fla. Admin. Code R. 73B-1.001 Definitions

Terms are used herein as defined in the referenced substantive laws and regulations. In addition, the following definitions shall apply:

(1) One-Stop is a term used to describe the federal workforce strategy that is the backbone of the Workforce Innovation and Opportunity Act (WIOA). The foundation of the concept is that all services needed to assist people in obtaining gainful employment will be offered at one location.

(2) Party means any person whose substantial interest is being determined in the proceeding, or any other person, entity or public body entitled to and makes an appearance in the proceeding, pursuant to Temporary Assistance for Needy Families (TANF) statute, WIOA or Chapter 120, F.S.

(3) Temporary Assistance for Needy Families (TANF), as codified at 42 United States Code (USC) §§601-619, is the federal program under which benefits are provided to needy families pursuant to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), Public Law 104-193. The work activity and training and support services component of TANF is administered by CareerSource Florida, Inc., and the Department of Economic Opportunity, pursuant to chapter 445, F.S.

(4) Wagner-Peyser Act is the federally funded nationwide employment program, as codified at Title 29 USC, §§49 et seq.

(5) Welfare-to-Work (WtW) is a federally funded program, encompassed within TANF, which provides transitional assistance to assist public assistance recipients and other eligible persons move into unsubsidized employment and economic self-sufficiency. The legislation creating and funding the program is found at 42 USC §603.

(6) Welfare Transition (WT) is an initiative of the State of Florida encompassed with the Florida Workforce Innovation Act, Senate Bill 2050, effective October 1, 2000, as amended. This program substantially redefined Florida’s welfare delivery system by replacing the former WAGES program with the Welfare Transition (WT) program. This legislation also consolidates and streamlines the state workforce and welfare support services programs under one board, CareerSource Florida, Inc. (CSF) and administered by the Department of Economic Opportunity. The WT program is TANF funded.

(7) Welfare Transition Services are those workforce services provided to current or former recipients of temporary cash assistance under Chapter 414, F.S. The transitional benefits and services are more particularly identified in sections 445.028-.032, F.S.

(8) Workforce Innovation and Opportunity Act (WIOA) is the federal legislation that contains the framework for the national employment and training strategy, Public Law 113-128, codified at Title 29 United States Code, §§3101 et seq.

History

• Rulemaking Authority 20.60, 120.54(6), 445.004 FS. Law Implemented 120.54(6), 445.023, 445.025, 445.028, 445.029, 445.030, 445.031, 445.032, 446.50 FS. History–New 4-3-02, Formerly 60BB-1.001.

Fla. Admin. Code R. 73B-1.002 Filing Grievances and Complaints

(1) This rule shall apply to the filing of grievances related to the Wagner-Peyser (WP), Welfare-to-Work (WtW), Welfare Transition (WT), and WIA programs, except that grievances alleging discrimination, employment, and health and safety violations shall be filed or mailed directly to the appropriate federal agency as allowed by federal regulation. The addresses of the federal agencies are found in rule 73B-1.017, F.A.C. A copy of the complaint or alleged violation report shall also be mailed to the Department of Economic Opportunity (DEO), Office of General Counsel, The Caldwell Building, MSC #110, 107 E. Madison Street, Tallahassee, Florida 32399-4128. Alternatively, the original complaint may be filed with DEO at the foregoing address. Upon receipt, DEO shall forward the complaint to the proper federal agency. Notwithstanding the foregoing, WtW participants in work activities may file grievances regarding health and safety violations and gender discrimination complaints, with the appropriate RWB or DEO. Such WtW grievances will be processed in accordance with the RWB or state procedure.

(2) Any participant or other interested party adversely affected by a decision or action within the local workforce system, including decisions by One-Stop partners and service providers, has the right to file a grievance and complaint with the regional workforce board (RWB).

(3) TANF cash assistance eligibility or benefit entitlement grievances and complaints shall be filed with the local Department of Children and Families (DCF) office, the state agency responsible for the administration of the cash assistance part of TANF.

(4) Grievances and complaints shall be filed at the State level only when based upon actions or decisions made by DEO, the State recipient and administrative entity. Any grievance and complaint filed with an inappropriate entity will be forwarded to the proper entity or agency for action. The sixty (60) day timeframe to handle the grievance will start upon receipt of grievance and complaint.

(5) A grievance or complaint may be filed by regular employees regarding displacement by a WIA, WT, or WtW program participant and by program participants regarding displacement. Displacement action prohibitions and available relief specifications are described in WIA at 20 CFR 667.270, in TANF at 45 CFR 261.70, and in WtW at 20 CFR 645.265.

(6) All local workforce grievances and complaints shall be filed with the relevant regional workforce boards (RWBs) using their established procedures. The exception to this is the Job Corps grievances that are processed according to requirements of 20 CFR 670.990.

(7) DCF has assigned to WFI and DEO the responsibility for providing a grievance process for TANF participants when filing grievances related to the delivery of support services and benefits, including transitional benefits, that are related to work activities and are delivered within the context of the Workforce Innovation Act.

History

• Rulemaking Authority 20.60, 120.54(6), 445.004 FS. Law Implemented 120.54(6), 445.023, 445.025, 445.028, 445.029, 445.030, 445.031, 445.032 FS. History–New 4-3-02, Formerly 60BB-1.002.

Fla. Admin. Code R. 73B-1.003 WIA, WT and WtW Hearing and Appeals Chart

The terms “complaint” and “grievance” are used interchangeably. The chart below summarizes and identifies the WIA, WT, and WtW grievances, complaints, and hearing and appeal actions that shall be filed with the regional workforce board (RWB), the Department of Economic Opportunity (DEO), or U. S. Department of Labor (USDOL), as appropriate according to rule chapter 73B, F.A.C.

Hearing/Appeal Issue

Local Hearing/

Appeal

State Hearing/

Appeal

Federal Hearing/

Appeal

Denial or Termination of Eligibility as a Training Provider (WIA)

Yes

Yes

No

Denial of Eligibility as an OJT or Customized Training Provider by a One-Stop Operator (WIA)

Yes

Yes

No

RWB Substantial Violation (WIA)

No

Yes

Yes

RWB Performance Failure/Sanctions (WIA)

No

Yes

Yes

Participant Sanctioned for Using Controlled Substances (WIA)

Yes

Yes

No

WtW Gender Discrimination

Yes

Yes

Yes

WtW Health and Safety Complaint

Yes

Yes

Yes

Displacement of Regular Employee or Program Participant (WIA, WT, WtW)

Yes

Yes

Yes

Sanction for Non-Compliance with Work Activities (WT/TANF)

Yes

Yes

No

History

• Rulemaking Authority 20.60, 120.54(6), 445.004 FS. Law Implemented 120.54(6), 445.023, 445.025, 445.028, 445.029, 445.030, 445.031, 445.032 FS. History–New 4-3-02, Formerly 60BB-1.003.

Fla. Admin. Code R. 73B-1.004 Process for Filing Grievances and Complaints with RWBs

(1) The WIA, WT and WtW laws and regulations require that the One-Stop partners, service providers, participants, and other interested parties affected by the local Workforce/One-Stop System have the right to file a grievance and complaint.

(2) These grievances and complaints shall be filed at the local level using the procedures established by the individual RWB.

(3) The RWB shall receive, review, and attempt to informally resolve the initial WIA, WT, and WtW grievance and complaint. If the grievance and complaint cannot be resolved informally, then a hearing shall be held and a decision issued within the required sixty (60) calendar days from receipt of complaint or grievance.

History

• Rulemaking Authority 20.60, 120.54(6), 445.004 FS. Law Implemented 120.54(6), 445.023, 445.025, 445.028, 445.029, 445.030, 445.031, 445.032 FS. History–New 4-3-02, Formerly 60BB-1.004.

Fla. Admin. Code R. 73B-1.005 Grievance and Complaint Hearing Process at RWB Level

(1) After the RWB has received and reviewed the complaint, the local Workforce Board shall schedule a hearing, and notify the grievant or complainant by certified mail, return receipt, at a minimum of fifteen (15) calendar days prior to the hearing. The hearing notice shall advise the following:

(a) The date, time, and place of the hearing;

(b) The pertinent sections of the WIA, WT and WtW, or any other federal regulations involved;

(c) Affected parties may present witnesses or documentary evidence at the hearing;

(d) Affected parties may be represented at the hearing by an attorney or other representative; and,

(e) The RWB shall issue its decision within sixty (60) calendar days from receipt of the grievance or complaint.

(2) The hearing shall be conducted as prescribed in the procedures established by the appropriate RWB. However, a complainant who alleges a labor standard violation has the option to submit the complaint for binding arbitration, if the collective bargaining agreement covers the parties involved.

History

• Rulemaking Authority 20.60, 120.54(6), 445.004 FS. Law Implemented 120.54(6), 445.023, 445.025, 445.028, 445.029, 445.030, 445.031, 445.032 FS. History–New 4-3-02, Formerly 60BB-1.005.

Fla. Admin. Code R. 73B-1.006 The Appeal of RWB Decisions or Lack of Action

(1) If the RWB has: a) conducted a hearing but the grievant or complainant is dissatisfied with or has been adversely affected by the decision; b) not conducted a hearing within the sixty (60) calendar days from receipt of the grievance and complaint; or c) conducted the hearing but has not issued a decision within the mandated sixty (60) calendar day timeframe, then the grievant or complainant may file an appeal with the Department of Economic Opportunity (DEO).

(2) The appeal shall be concise and shall not exceed five pages, not including exhibits and attachments, and shall be filed with DEO, Office of General Counsel, 107 East Madison Street, MSC 110, Tallahassee, Florida 32399-4128.

(3) The appeal request shall state the facts, and identify the laws, procedures and other information the grievant or complainant believes to be relevant for review. The appeal must be filed with DEO within thirty (30) calendar days of receipt of the RWB’s decision or within thirty (30) calendar days after the required 60 calendar day timeframe for the RWB to act has elapsed.

(4) The request shall specifically identify the grievant’s or complainant’s address where official notices will be mailed and telephone number where the grievant or complainant can be reached between 7:30 a.m. and 5:30 p.m.

(5) DEO can remand the grievance and complaint back to the RWB to hold a hearing or impose other remedies to resolve the grievance and complaint.

History

• Rulemaking Authority 20.60, 120.54(6), 445.004 FS. Law Implemented 120.54(6), 445.023, 445.025, 445.028, 445.029, 445.030, 445.031, 445.032 FS. History–New 4-3-02, Formerly 60BB-1.006.

Fla. Admin. Code R. 73B-1.007 Appeal and Review of RWB Decisions by the State

(1) This section applies to appeals of RWB decisions filed with DEO.

(2) Within five (5) working days of receipt of an appeal notice, the DEO agency head or his or her designee shall notify each party that an appeal has been filed. Each party shall have fifteen (15) calendar days from the date of the notice to submit written argument and provide supporting documentation. Only unaltered, verbatim transcripts of the original hearing evidence and other proof introduced at the initial hearing will be considered for purposes of the appeal.

(3) Subject to section 57.081, F.S., the party submitting the transcript shall bear all expenses of the transcription and deliver a copy of the transcript to the agency head and the opposing party. If a stenographer authorized to administer oaths has not recorded the proceedings and prepared the transcript, an exact copy of the tape recording, video, or other recording must also be delivered to the agency head and the parties, along with the transcript. The party submitting the transcript and the recording must include a certification that the transcript is verbatim and the recording is of the entire proceeding and has not been altered. The agency head will not consider a transcript when the foregoing procedure has not been followed.

(4) A party desiring exemption from the subsection (3), above, shall file a certification of indigency as prescribed in Section 57.081, F.S. The certification shall be filed with Department of Economic Opportunity, Agency Clerk, Office of the General Counsel, 107 E. Madison Street, MSC #110, Tallahassee, Florida 32399-4128.

(5) Upon receipt of the certification, the Agency Clerk shall obtain the transcript from the RWB.

(6) Agency decisions shall be issued as follows:

(a) Based upon the review of the record, the agency head or his or her designee shall issue a decision within sixty (60) calendar days of receipt of the request for review.

(b) Except a decision shall be issued within 30 calendar days of receipt of a complaint or grievance related to WtW activies that involves: gender discrimination, as prescribed in 20 CFR 645.255(b); health and safety standards established under State and Federal laws that are applicable to similarly employed employees, of the same employer, who are not participants in WtW programs, as prescribed at 20 CFR 645.260; or displacement of WtW participants or regular employees, as prescribed at 20 CFR 645.265.

History

• Rulemaking Authority 20.60, 120.54(6), 445.004 FS. Law Implemented 120.54(6), 445.023, 445.025, 445.028, 445.029, 445.030, 445.031, 445.032 FS. History–New 4-3-02, Formerly 60BB-1.007.

Fla. Admin. Code R. 73B-1.008 State Level Original Grievance and Complaint Hearing Process for WIA, WT and WtW Programs

(1) Any individual or entity, including the RWB, adversely affected by a decision or action by DEO may file a grievance or complaint. The grievance or complaint shall be filed with Department of Economic Opportunity, Office of General Counsel, 107 E. Madison Street, MSC #110, Tallahassee, Florida 32399-4128.

(2) At the state level, the agency head or his or her designee is the presiding officer and shall conduct all hearings of original state level complaints.

(3) The agency head of the Department of Economic Opportunity, or his or her designee, will hear initial complaints or grievances regarding actions taken or decisions made by the state administrative agency. Upon receipt, the state shall review and attempt to informally resolve the WIA, WT, or WtW grievance and complaint. The agency head or his or her designee will review the grievance and complaint and contact the grievant or complainant within five (5) working days of receipt of complaint. The agency head or designee shall contact the parties and proceed with the informal resolution process.

(4) If the grievance or complaint cannot be resolved informally, then the agency head or designee will act as presiding officer and hear the grievance or complaint.

(5) The hearing notice shall be provided at least fifteen (15) calendar days prior to the hearing and shall advise the following:

(a) The date, time, and place of the hearing;

(b) The pertinent sections of the WIA, WT, and WtW, or any other federal regulations involved;

(c) Affected parties may present witnesses or documentary evidence at the hearing;

(d) Affected parties may be represented at the hearing by an attorney or other representative; and,

(e) The parties will receive the decision within sixty (60) calendar days from receipt of the grievance or complaint, except as prescribed in rule paragraph (7)(b), below.

(6) The hearing shall be conducted in compliance with uniform rules of procedure contained in chapter 28-106, parts I, II, and III, F.A.C., incorporated herein by reference. A copy of those rules may be obtained from the Department of Economic Opportunity, Office of General Counsel, 107 E. Madison Street, MSC #110, Tallahassee, Florida 32399-4128.

(7) Hearings shall be scheduled as follows:

(a) Except as provided in paragraph (7)(b), the Presiding Officer will schedule a hearing, complete the hearing, and issue a decision within the required sixty (60) calendar days of receipt of complaint or grievance.

(b) A decision shall be issued within 30 calendar days of receipt of a complaint or grievance related to WtW activities and that involves: gender discrimination, as prescribed in 20 CFR 645.255(b); health and safety standards established under State and Federal law that are applicable to similarly employed employees, of the same employer, who are not participants in WtW programs, as prescribed at 20 CFR 645.260; or displacement of WtW participants or regular employees, as prescribed at 20 CFR 645.265.

(8) Individuals with a disability needing special accommodations shall call the Agency Clerk at (850)717-8531, at a minimum of five (5) working days prior to the hearing and indicate what special accommodations are needed in order to participate in the hearing.

History

• Rulemaking Authority 20.60, 120.54(6), 445.004 FS. Law Implemented 120.54(6), 445.023, 445.025, 445.028, 445.029, 445.030, 445.031, 445.032 FS. History–New 4-3-02, Formerly 60BB-1.008.

Fla. Admin. Code R. 73B-1.009 Remedies

(1)(a) As specified in 42 USCA section 603(a)(5)(I)(iv), the remedies that may be imposed under WtW complaints relating to displacement, health and safety, and gender discrimination shall include:

1. Suspension or termination of payments under the WtW program;

2. Prohibition of placement of participant with an employer that has violated any of the prohibitions against: gender discrimination, as prescribed in 20 CFR 645.255(b); health and safety standards established under State and Federal law which are applicable to similarly employed employees, of the same employer, who are not participants in WtW programs, as prescribed at 20 CFR 645.260; and displacement of other employees, as prescribed at 20 CFR 645.265; and,

3. Where applicable, reinstatement of an employee, payment of lost wages and benefits, and reestablishment of other relevant terms, conditions, and privileges of employment, where applicable; and,

4. Where appropriate, other equitable relief.

(b) As specified in 29 USCA section 2931, the remedies that may be imposed under WIA for a violation of any requirement of WIA shall be limited:

1. To suspension or termination of payments under this chapter;

2. To prohibition of placement of a participant with an employer that has violated any requirement under this chapter;

3. Where applicable, to reinstatement of an employee, payment of lost wages and benefits, and reestablishment of other relevant terms, conditions, and privileges of employment; and,

4. Where appropriate, to other equitable relief.

(2) Other WIA, WT, and WtW grievance and complaint remedies including other equitable relief to be imposed as appropriate.

History

• Rulemaking Authority 20.60, 120.54(6), 445.004 FS. Law Implemented 120.54(6), 445.023, 445.025, 445.028, 445.029, 445.030, 445.031, 445.032 FS. History–New 4-3-02, Formerly 60BB-1.009.

Fla. Admin. Code R. 73B-1.010 Judicial Appeal of a Final State Agency Decision

(1) A grievant or complainant may appeal a final order issued by DEO if the grievant or complainant is dissatisfied with or has been adversely affected by the final decision.

(2) A judicial appeal must be filed within thirty (30) calendar days of the rendition of the state’s decision. The final order issued by DEO shall be dated on the day it is mailed. The period for judicial review will run from the date the order is mailed. The final order shall include a notice of the opportunity to file for judicial review, including directions for filing the appeal. Rules 9.110 and 9.190, Florida Rules of Appellate Procedure, set forth the procedures for an individual to appeal a final state agency decision or action.

(3) The appeal shall be commenced by filing a notice of appeal conforming to the requirements of Rule 9.110(d), Florida Rules of Appellate Procedure, accompanied with the appropriate filing fee.

(4) The notice of appeal shall be filed with the Agency Clerk, Department of Economic Opportunity, Office of General Counsel, 107 E. Madison Street, MSC #110, Tallahassee, Florida 32399-4128.

History

• Rulemaking Authority 20.60, 120.54(6), 445.004 FS. Law Implemented 120.54(6), 445.023, 445.025, 445.028, 445.029, 445.030, 445.031, 445.032 FS. History–New 4-3-02, Formerly 60BB-1.010.

Fla. Admin. Code R. 73B-1.012 Federal Level Appeal Process

(1) As an alternate to filing an appeal under rule 73B-1.010, F.A.C., within sixty (60) days of the receipt of the final decision by the state agency, the party which such decision has adversely impacted may appeal to the Secretary of the United States Department of Labor, U.S. Department of Labor, 200 Constitution Ave., N.W., Washington D.C., 20210. A copy of the appeal must be simultaneously provided to the appropriate USDOL Regional Administrator and the opposing party.

(2) As provided in the WIA regulations, 20 CFR Section 667.610, if the RWB or the state has not issued a decision within the required sixty (60) calendar day timeframe, the grievant or complainant can file an appeal with the USDOL. The appeal must be filed with USDOL no later than one hundred and twenty (120) calendar days of the filing of the grievance with the State, or the filing of the appeal of a local grievance with the State. A copy of the appeal must be simultaneously provided to the appropriate Regional Administrator and the opposing party.

(3)(a) A local area that has been found in substantial violation of WIA Title I, pursuant to 20 CFR 667.650, and which has received a notice from the Governor that either all or part of the local plan will be revoked or that a reorganization will occur, has the right to appeal such sanctions to the Secretary of the U.S. Department of Labor under WIA Section 184 (b).

(b) These appeals shall be filed no later than thirty (30) days after receipt of written notification of the revoked plan or imposed reorganization. A copy of the appeal must be simultaneously provided to the Governor, in care of the Executive Director, and to the Agency Clerk, Department of Economic Opportunity, Office of General Counsel, 107 E. Madison Street, MSC #110, Tallahassee, Florida 32399-4128.

(c) The Request for Review or Appeal must be submitted by certified mail, return receipt to: Secretary, U.S. Department of Labor, Washington, D.C. 20210, Attention ASET.

History

• Rulemaking Authority 20.60, 120.54(6), 445.004 FS. Law Implemented 120.54(6), 445.023, 445.025, 445.028, 445.029, 445.030, 445.031, 445.032 FS. History–New 4-3-02, Formerly 60BB-1.012.

Fla. Admin. Code R. 73B-1.013 Complaint Procedures Related to Wagner-Peyser Job Service Activities

(1) Background and Underlying State and Federal Policy. Federal regulations at 20 CFR Part 658, Subpart E, provide that each state shall establish and maintain a job service complaint system, which includes procedures at the local, State and Federal levels.

(2) As provided in 29 CFR Part 34, Wagner-Peyser participants have the right to file discrimination complaints against the Department of Economic Opportunity (DEO) or its employees or complaints alleging discrimination by an employer, as follows:

(a) Complaints involving an employer in another state or another state agency;

(b) Complaints involving more than one office, another One-Stop Center, or statewide system;

(c) Complaints involving the violation of the Job Service Regulations by an office or One-Stop Center;

(d) Complaints involving the violation of an employment related law by an employer; and,

(e) Complaints involving a violation of the terms and conditions of a job order by an employer.

(3) Complaints filed by Migrant and Seasonal Farm Workers (MSFWs). The RWB shall attempt to resolve the MSFW complaint. If the MSFW complaint cannot be resolved within five (5) working days of receipt of complaint by the RWB, the complaint form and copies of all documents in the complaint file shall be forwarded to the Senior Monitor Advocate, 107 E. Madison Street, MSC #G-229, Tallahassee, Florida 32399-4137, with a copy to the Agency Clerk, Department of Economic Opportunity, Office of the General Counsel, 107 E. Madison Street, MSC #110, Tallahassee, Florida 32399-4128.

(4) As required by 20 CFR Section 658.514, non-job service related complaints including employment, discrimination, and health and safety shall be forwarded as soon as possible after being received at the local level. These complaints shall be sent to: Department of Economic Opportunity, Office of General Counsel, 107 E. Madison Street, MSC #110, Tallahassee, Florida 32399-4128 or to the appropriate federal agency with a copy of the complaint sent to DEO Office of General Counsel. Rule 73B-1.017, F.A.C., contains a list of workforce related federal agencies and addresses.

(5) Job-service (JS) complaints as defined in 20 CFR 658.401 are: (i) Complaints against an employer about the specific job to which the applicant was referred by the JS involving violations of the terms and conditions of the job order or employment-related law (employer-related complaint); and (ii) complaints about Job Service actions or omissions under JS regulations (agency-related complaints). All other complaints are non-job service complaints. JS complaint procedures are not applicable to complaints related to the Unemployment Compensation program. Complaints alleging violations of the Unemployment Compensation program are to be processed as required by laws and regulations related to the Unemployment Compensation program.

(6) The original JS complaint must be filed within one year of the alleged occurrence.

History

• Rulemaking Authority 20.60, 445.004 FS. Law Implemented 120.54(6), 445.023, 445.025, 445.028, 445.029, 445.030, 445.031, 445.032 FS. History–New 4-3-02, Formerly 60BB-1.013.

Fla. Admin. Code R. 73B-1.014 Regional Workforce Board/Career Center and Migrant and Seasonal Farm Workers Complaint and Resolution Procedures

(1) Complaints related to Wagner Peyser (WP) and Migrant and Seasonal Farm Workers (MSFW) are handled by the Career Center Manager/Complaint Specialist. The Manager/Complaint Specialist will maintain a separate file for each complaint and enter the complaint on the Complaint Log. The local Regional Workforce Board (RWB) will attempt to resolve all WP and MSFW related complaints.

(2) The complaint is resolved when the complainant is satisfied with the outcome; the complainant chooses not to elevate the complaint to the next level; or when the complainant has not responded within twenty (20) business days after correspondence has been mailed for WP complaints and within forty (40) business days for MSFW complaints.

(3) If resolution has not been achieved to the satisfaction of the complainant within 15 working days after receipt of the complaint, or 5 working days with respect to complaints filed by or on behalf of MSFWs, then the complaint and associated file documents shall be forwarded to the Agency Clerk, Department of Economic Opportunity, Office of General Counsel, 107 E. Madison Street, MSC #110, Tallahassee, Florida 32399-4128. However, if the Career Center Manager/Complaint Specialist for the local RWB has made a written request for information related to the complaint then these time periods shall not apply until the complainant’s response is received.

(4) Within five (5) business days after the end of the quarter, the local Career Center Manager will mail the Complaint Logs to the Senior Monitor Advocate at the address included above.

(5) MSFW complaints involving an allegation of noncompliance with assurances regarding wage and hour law or other employment conditions are to be forwarded to the nearest USDOL Wage and Hour office. The local USDOL office nearest you may be found at the USDOL web site: http://www.dol.gov/whd/america2.htm.

(6) For MSFW violations of Occupational Safety and Health Administration (OSHA) Directives, complaints should be forwarded to USDOL, Occupational Safety and Health Administration, at the address shown in rule 73B-1.017, F.A.C.

(7) As identified in 20 CFR 658.501(a), any of the following is a basis for discontinuation of services to employers:

(a) Employer submits and refuses to alter or withdraw job orders containing specifications which are contrary to employment related laws;

(b) Employer submits job order and refuses to provide assurances that the jobs offered are in compliance with employment related laws, or to withdraw such job orders;

(c) Employer is found through field checks or otherwise to have either misrepresented the terms or conditions of employment specified on the job order or failed to comply fully with assurances made on the job orders;

(d) The Career Center is notified by an enforcement agency that a final determination has found that the employer has violated an employment related law and notificaton of this final determination has been provided to the Career Center by that enforcement agency;

(e) Employer, following investigation of complaint, is found to have violated Wagner Peyser regulations pursuant to 20 CFR 658.416(d)(4);

(f) Employer refuses to accept qualified workers referred through the clearance system;

(g) Employer refuses to cooperate in field checks conducted pursuant to 20 CFR 653.503; or

(h) Employer repeatedly causes discontinuation of services proceedings to be initiated.

History

• Rulemaking Authority 445.004(5)(c) FS. Law Implemented 445.004(5)(b) FS. History–New 4-3-02, Formerly 60BB-1.014, Amended 3-4-15.

Fla. Admin. Code R. 73B-1.015 Reporting Criminal Fraud and Abuse, Discrimination, Health and Safety, and Employment Complaints and Violations

(1) Criminal fraud and abuse, discrimination, health and safety, and employment, complaints that violate federal laws, regulations, and directives are handled differently than the program related complaints/grievances handled by local and state hearing and appeal procedures.

(2) Reporting Criminal Fraud and Abuse.

(a) The process for filing complaints and reports of criminal fraud and abuse are prescribed in 20 CFR 667.630. Complaints/reports shall be reported immediately to the USDOL Office of Inspector General, Office of Investigations, Room S5514, 200 Constitution Avenue, N.W., Washington, DC 20210.

(b) The complaint or report can also be mailed to the USDOL South East Regional Inspector General for Investigations, Office of Investigations, Sam Nunn Atlanta Federal Center, 61 Forsyth Street, S.W., Suite 6T1, Atlanta, Georgia 30303 with a copy simultaneously provided to the Employment and Training Administration.

(c) Reports or complaints alleging criminal fraud and abuse may also be reported through USDOL’s Hotline at 1(800)347-3756.

History

• Rulemaking Authority 20.60, 120.54(6), 445.004 FS. Law Implemented 120.54(6), 445.023, 445.025, 445.028, 445.029, 445.030, 445.031, 445.032 FS. History–New 4-3-02, Formerly 60BB-1.015.

Fla. Admin. Code R. 73B-1.016 Reporting WIA, WT, WtW, and Wagner-Peyser Discrimination Complaints

(1) WIA Section 20 CFR 667.275(a) requires that recipients of WIA funds comply with federal nondiscrimination and other applicable equal opportunity laws. (See WIA Section 188 and 29 CFR part 37.)

(2) Guidance, found at 20 CFR 645.255, provides that participants in Welfare-to-Work programs have the same rights that apply to any federal, state or local law that prohibits discrimination. Guidance, found at 20 CFR 652.8(j), prohibits discrimination against applicants for or recipients of Wagner-Peyser program services.

(3) Under Wagner-Peyser, discrimination complaints may be filed directly with a local-office equal opportunity representative, when such has been designated and trained, with the state agency having administrative responsibility for Wagner-Peyser programs, or with the Civil Rights Center, U.S. Department of Labor. (Reference: 20 CFR 658.411)

(4) As provided by Section 760.06, F.S., employees or applicants may also choose to file employment complaints with the Florida Commission on Human Relations.

History

• Rulemaking Authority 20.60, 120.54(6), 445.004 FS. Law Implemented 120.54(6), 445.023, 445.025, 445.028, 445.029, 445.030, 445.031, 445.032 FS. History–New 4-3-02, Formerly 60BB-1.016.

Fla. Admin. Code R. 73B-1.017 Contact Entities for Discrimination, Employment, Health and Safety, or Florida Law Violations and Complaints

Florida Commission on Human Relations

Florida Law Violations

2009 Apalachee Pkwy.

Oakland Bldg., Suite 100

Tallahassee, Florida 32301-4857

(850)488-7082, (800)342-8170 (toll free), or

TTY (800)935-1339

U. S. Department of Labor

Civil Rights Center

Discrimination Complaints

200 Constitution Avenue, N.W.

Room N-4123

Washington, D.C. 20210

(202)693-6502 or TTY (202)693-6516

U.S. Equal Employment Opportunity Commission (EEOC)

Employment Complaints

Miami District Office

One Biscayne Tower, Suite 2700

2 South Biscayne Boulevard

Miami, Florida 33131

(800)669-4000 or TTY

USDOL Occupational Safety and Health Administration

Safety and Health Violations

200 Constitution Avenue, N.W.

Washington, D.C. 20210

(800)321-6742 or TTY (877)889-5627

EEOC

Tampa Area Office

501 East Polk Street, Suite 1000

Tampa, Florida 33602

(800)669-4000 or TTY (800)669-6820

USDOL Office of Inspector General

Office of Investigations

200 Constitution Avenue, N.W.

Room S5514

Washington, D.C. 20210

(202)693-5100

History

• Rulemaking Authority 20.60, 120.54(6), 445.004 FS. Law Implemented 120.54(6), 445.023, 445.025, 445.028, 445.029, 445.030, 445.031, 445.032 FS. History–New 4-3-02, Formerly 60BB-1.017.

Fla. Admin. Code R. 73B-1.018 Other Legal Rights

Nothing included in this rule precludes a grievant or complainant from pursuing a remedy authorized under another federal, state, or local law.

History

• Rulemaking Authority 20.60, 120.54(6), 445.004 Law Implemented 120.54(6), 445.023, 445.025, 445.028, 445.029, 445.030, 445.031, 445.032 FS. History–New 4-3-02, Formerly 60BB-1.018.

Chapter 73B-4 READY TO WORK PROGRAM

Fla. Admin. Code R. 73B-4.001 Unique Abilities Partnership Program

History

• Rulemaking Authority 413.801(10) FS. Law Implemented 413.801 FS. History–New 12-11-16, Transferred to 65G-16.002.

Chapter 73B-6 Everglades Restoration Agricultural Community Employment Training Program

Fla. Admin. Code R. 73B-6.001 Everglades Restoration Agricultural Community Employment Training Program

(1) Definitions. For purposes of this rule, the following definitions apply.

(a) “Applicant” means an individual that is seeking a tuition grant under the Program.

(b) “Application” means the Everglades Restoration Agricultural Community Employment and Training Program Tuition Grant Application or the Everglades Restoration Agricultural Community Employment and Training Program Employer-Based Training Grant Application and supporting documentation.

(c) “Department” means the Florida Department of Economic Opportunity.

(d) “Employer-Based Training Program” means a program that a Florida business is seeking to establish, or has already established, that provides training for in-demand, nonagricultural occupations for employees of the Florida business.

(e) “Employer-Based Training Program Grant” means funding for an Employer-Based Training Program.

(f) “In-demand Nonagricultural Occupation” means any occupation that does not fall within one of the following Standard Occupational Classification codes: 119013; 131074; 191032; 451011; 452011; 452021; 452041; 452091; 452092; 452093; 452099; 454011; 454021, or 454022.

(g) “Program” means the Everglades Restoration Agricultural Community Employment Training Program as codified in section 446.71, Florida Statutes.

(h) “Requester of Funds” means a public or private technical or vocational training institution seeking a tuition grant on behalf of an eligible applicant or an employer seeking to establish, or which has already established, an employer-based training program.

(i) “Training Program” means a certificate or other program of study provided by a public or private university, college, or technical or vocational training institution that provides training for in-demand, nonagricultural occupations.

(j) “Training Provider” means a university, college, public or private technical or vocational training institution, a private training company or private instructor, or a company employee that is qualified to provide instruction that leads to a diploma or industry-recognized certificate.

(k) “Tuition Grant” means funding for an individual to participate in a Training Program.

(2) Eligibility.

(a) To be eligible for a Tuition Grant, an Applicant must:

1. Be a citizen of the United States (U.S.) or a non-citizen whose status permits employment in the U.S.;

2. Currently reside, and have resided for at least three of the last five immediately preceding years, in Hendry or Palm Beach Counties; and

3. Enrolled with a Training Provider for an in-demand nonagricultural occupation at the time the Application is submitted to the Department.

(b) To be eligible for an Employer-Based Training Program Grant, the Employer-Based Training Program must:

1. Be conducted within the State of Florida;

2. Provide skills training or retooling in nonagricultural occupations;

3. Lead to employment in nonagricultural occupations;

4. Provide training for an in-demand nonagricultural occupation through a Training Provider; and

5. Secure matching contributions for the Employer-Based Training Program Grant amount sought.

(3) Application Process.

(a) Application Cycle.

1. Unless otherwise directed by budgetary or administrative constraints, the Department will initiate an application cycle to receive applications for the Program. The application cycle will be open for 45 days, and may be initiated by the Department multiple times throughout any fiscal year, based on availability of funding. Each 45-day cycle is the time period during which the Department will accept applications. If the 45th day of the cycle falls on a weekend or state holiday, the cycle shall be extended to the next business day.

2. The Department will announce the Application Cycle by posting a notice on the Department’s website and by publishing a Notice of Funding Availability in the Florida Administrative Register.

(b) Tuition Grant Application.

1. A Requester of Funds must submit the Everglades Restoration Agricultural Employment Training Program Tuition Grant Application, Form ERACETP-01, to the Department. Form ERACETP-01 is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-10132; effective date (October 2018), which is hereby adopted and incorporated by reference and is also available on the Department’s website at www.floridajobs.org/ERACETP.

2. A Training Program must apply for a Tuition Grant on the Applicant’s behalf.

3. Form ERACETP-01 and supporting documentation must be submitted to the Department by either by electronic mail to: ERACETP@deo.myflorida.com or by U.S. mail to: Department of Economic Opportunity, Everglades Restoration Agricultural Community Employment Training Program, 107 E. Madison Street, MSC G-229, Tallahassee, Florida 32399.

(c) Employer-Based Training Grant Application.

1. A Requester of Funds must submit the Everglades Restoration Agricultural Employment Training Program Employer-Based Training Grant Application, Form ERACETP-02, to the Department. Form ERACETP-02 is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-10133; effective date (October 2018), which is hereby adopted and incorporated by reference and is also available on the Department’s website at www.floridajobs.org/ERACETP.

2. Form ERACETP-02 and supporting documentation must be submitted to the Department by either by electronic mail to: ERACETP@deo.myflorida.com or by U.S. mail to: Department of Economic Opportunity, Everglades Restoration Agricultural Community Employment Training Program, 107 E. Madison Street, MSC G-229, Tallahassee, Florida 32399.

(d) Application Review.

1. Applicants residing, or Employer Based Training Programs, in Palm Beach or Hendry County will receive priority for funding consideration.

2. Employer Based Training Programs in Collier, Glades, Highlands, or Okeechobee Counties will receive second priority for funding consideration.

3. The Department must review each Application to determine whether it contains all required information and meets Program eligibility requirements. The Department will notify any Requester of Funds in writing if the Department determines that its Application is incomplete or additional documentation is needed.

(4) Grant Administration.

(a) Use of Funds.

1. Tuition Grants may cover the costs of completing a certificate and/or other program of study provided by a public or private technical or vocational training institution. The certificates and programs of study must provide training for in-demand nonagricultural occupations. Such costs include student fees, computer access fees, and other fees assessed by the Training Provider directly related to the Applicant’s ability to participate in and complete the Training Program.

2. Employer-Based Training Program Grants may only cover program costs or be used for purposes that are directly associated with the Training Program or Employer-Based Training Program.

(b) Distribution of Funds. Any award of funds under the Program is conditioned upon their appropriation, availability, and upon execution of an agreement with the Department pursuant to section 446.71(5), Florida Statutes.

1. The Department may award a Tuition Grant for up to 100 percent of the tuition amount requested in the Application. However, a Tuition Grant may not be issued for expenses covered by federal or state financial aid or other grant or scholarship funding.

2. The Department may award an Employer-Based Training Program located in Baker, Bradford, Calhoun, Collier, Columbia, Desoto, Dixie, Franklin, Gadsden, Gilchrist, Glades, Gulf, Hamilton, Hardee, Hendry, Highlands, Holmes, Jackson, Jefferson, Lafayette, Levy, Liberty, Madison, Okeechobee, Palm Beach, Putnam, Suwannee, Taylor, Union, Wakulla, Walton, or Washington counties an Employer-Based Training Program Grant of up to 100 percent of the Employer-Based Training Programs’ total costs. Eligible Employer-Based Training Programs not located in one of the counties listed above may be awarded an Employer-Based Training Program Grant up to 50 percent of the Employer-Based Training Programs’ total costs.

History

• Rulemaking Authority 446.71(8) FS. Law Implemented 446.71 FS. History–New 12-30-18.

Chapter 73B-7 Work Force Plans

Fla. Admin. Code R. 73B-7.001 Definitions

For the purpose of this rule, the following definitions apply:

(1) “CFR” means the Code of Federal Regulations.

(2) “Chief Local Elected Official” means chief elected official as defined in WIOA section 3(9).

(3) “Department” means the Florida Department of Economic Opportunity.

(4) “Local Area” means a designated local workforce development area as defined in WIOA section 3(32).

(5) “Local Board” means a local workforce development board as defined in WIOA section 3(33).

(6) “Local Workforce Plan” means a local plan as defined in WIOA section 3(35).

(7) “State Board” means the state workforce development board as defined Section 445.002(4), F.S.

(8) “State Plan” used without further description, means the unified state plan as defined in WIOA section 3(58).

(9) “Workforce Innovation and Opportunity Act (WIOA)” means the federal legislation that contains the framework for the national employment and training strategy, Public Law 113-128, codified at Title 29 United States Code, §§3101 et seq.

History

• Rulemaking Authority 445.003(7) FS. Law Implemented 445.003(7)(a) FS. History‒New 11-30-22.

Fla. Admin. Code R. 73B-7.002 Plan Development

(1) Each Local Board must, in partnership with the appropriate Chief Local Elected Official(s), develop and submit a comprehensive four-year Local Workforce Plan to the Department in accordance with WIOA section 108 and 20 CFR 679.550.

(2) At the end of the first two-year period of the four-year Local Workforce Plan, each Local Board, in partnership with the appropriate Chief Local Elected Official(s), must review the Local Workforce Plan, and prepare and submit modifications to the Local Workforce Plan to reflect the changes outlined in 20 CFR 679.580(b).

(3) The Local Board must adhere to the requirements set forth in 20 CFR 679.550(b) regarding the Local Board’s requirement to provide an opportunity for public comment on the development of the Local Workforce Plan, or subsequent modification, before submitting the Local Workforce Plan to the Department.

History

• Rulemaking Authority 445.003(7) FS. Law Implemented 445.003(7)(a) FS. History‒New 11-30-22.

Fla. Admin. Code R. 73B-7.003 Plan Content Requirements

(1) The Local Workforce Plan must identify and describe the strategies, policies, procedures, operations, and local activities that are carried out in the Local Area, consistent with the State Plan.

(2) The contents of the Local Workforce Plan must align with the federal requirements prescribed by 20 CFR 679.560 and any additional information required by the State Plan, State Board, or the Department.

(3) The federal requirements for the contents of the Local Workforce Plan, and any additional information required by the State Plan, State Board, or the Department, will be outlined in local plan-related administrative policies and/or instructions issued by the Department to the Local Boards.

History

• Rulemaking Authority 445.003(7) FS. Law Implemented 445.003(7)(a) FS. History‒New 11-30-22.

Fla. Admin. Code R. 73B-7.004 Plan Submission

The Local Board will submit the Local Workforce Plan to the Department in accordance with local plan-related administrative policies and/or instructions issued by the Department. The administrative policies and/or instructions will include the key dates and deadlines the Local Boards must follow when submitting Local Workforce Plans to the Department.

History

• Rulemaking Authority 445.003(7) FS. Law Implemented 445.003(7)(a) FS. History‒New 11-30-22.

Fla. Admin. Code R. 73B-7.005 Plan Review and Approval

(1) The Department will review the completed Local Workforce Plan, including plan modifications. The Local Workforce Plan will be reviewed for completeness and adherence to local plan development, content, and submission requirements.

(2) The Department will notify the Local Board in writing of any Local Workforce Plan deficiencies via email to the contact(s) identified in the Local Workforce Plan. The Local Board will be given a deadline by which to resolve any deficiencies.

(3) The Department will recommend approval of the Local Workforce Plan to the State Board, unless the Department notifies the Local Board in writing that:

(a) There are deficiencies in workforce investment activities that have been identified through audits, and the Local Area has not made acceptable progress in implementing plans to address the deficiencies;

(b) The Local Workforce Plan does not comply with applicable provisions of WIOA and the WIOA regulations, including the required consultations and public comment provisions, and the nondiscrimination requirements of 20 CFR Part 38; or

(c) The Local Workforce Plan does not align with the State Plan, including with regard to the alignment of the core programs to support the strategy identified in the State Plan in accordance with WIOA section 102(b)(1)(E) and 20 CFR 676.105.

(4) The Local Workforce Plan, including plan modifications, will be considered approved upon written notice by the Department advising of State Board approval or 90 days after the Department receives the Local Workforce Plan, or plan modification, unless, in accordance with 20 CFR 679.570, the Department identifies, in writing, any unresolved deficiencies referenced in paragraphs 73B-7.005(3)(a)-(c), F.A.C.

History

• Rulemaking Authority 445.003(7) FS. Law Implemented 445.003(7)(a) FS. History‒New 11-30-22.

Chapter 73B-10 UNEMPLOYMENT CLAIMS AND BENEFITS; FLORIDA UNEMPLOYMENT COMPENSATION TAX

Fla. Admin. Code R. 73B-10.022 Definitions

For the purpose of administering Chapter 443, F.S., the following definitions apply:

(1) Address of record: The mailing address of a claimant, employing unit, or authorized representative, provided in writing to the Department of Economic Opportunity, and to which Department shall mail correspondence.

(2) Department: Department of Economic Opportunity.

(3) Cash Value of Board, Lodging, or Other Payment in Kind: When, pursuant to Section 443.1217, F.S., board, lodging or other payments in kind are determined to be wages:

(a) The value of a place of residence is the greater of:

1. The amount agreed upon in the contract of hire; or

2. The fair market rental value of the property.

(b) The value of lodging includes the cost of utilities, such as heat, electricity, gas, water, and sewer service.

(c) The value of meals is as agreed upon in the contract of hire or, where no such agreement exists, at the same rate provided for State of Florida Class C travel subsistence as defined in Section 112.061(6)(b), F.S.

(4) Casual Labor: In accordance with 26 C.F.R. §31.3306(c)(3)-1, services performed for a corporation do not come within the casual labor exception provided in Section 443.1216(13)(s), F.S.

(5) Computation of time: In computing any period of time prescribed, calendar days are counted; the date of issuance of a notice is not counted. The last day of the period is counted unless it is a Saturday, Sunday, or holiday; in which event the period will run until the end of the next day that is not a Saturday, Sunday, or holiday. Holidays are those dates designated by Sections 110.117(1) and (2), F.S., and any other day that the offices of the United States Postal Service are closed.

(6) DOR: The Department of Revenue, which pursuant to Section 443.1316, F.S., is designated as the tax collection service provider for DEO.

(7) Payrolling: As used in Rule 73B-10.025, F.A.C., “payrolling” refers to a practice which is not authorized by law, whereby payrolls for two or more employers are consolidated for tax purposes with one employer reporting for the other(s), when none of the employers is licensed by the Florida Department of Business and Professional Regulation as an employee leasing company or has been approved by DOR as a common paymaster.

(8) Wages:

(a) Gross wages: Total wages for insured employment.

(b) Excess wages: The difference between total wages and taxable wages.

(c) Taxable wages: That portion of an employer’s payroll upon which contributions are due.

History

• Rulemaking Authority 443.1317 FS. Law Implemented 443.036(11), 443.1217, 443.131, 443.1316, 443.141, 443.171 FS. History–New 8-25-92, Amended 12-28-97, 12-23-98, 5-3-99, Formerly 38B-2.022, Amended 1-19-03, 7-18-06, Formerly 60BB-2.022.

Fla. Admin. Code R. 73B-10.023 General Reporting Information

(1) Filing date. The postmark date will be the filing date of any report, protest, appeal or other document mailed to the DEO or DOR. The term “postmark date” includes the postmark date affixed by the United States Postal Service or the date on which the document was delivered to an express service or delivery service for delivery to DEO or DOR. The date of receipt will be the filing date of any report, protest, appeal, or other document faxed to DEO or DOR. It is the responsibility of each employing unit to maintain a current address of record with DOR. It is the responsibility of each claimant to maintain a current address of record with DEO throughout the benefit year or extended benefit period.

(2) Filing method. Reports must be filed in the manner prescribed on the reporting form, including the worker’s social security number when required. Reports filed by electronic means must be in compliance with Chapter 12-24, F.A.C., incorporated by reference.

(3) Reporting Wages Paid. Wages are considered paid when:

(a) Actually received by the worker; or

(b) Made available to be drawn upon by the worker; or

(c) Brought within the worker’s control and disposition, even if not possessed by the worker.

(4) Incomplete reports.

(a) Any required report incomplete as to detail in accordance with instructions thereon is not deemed a report and the employer is subject to the penalties imposed by Section 443.141(1)(b), F.S., until the filing of a signed and completed report in a format approved by the DOR.

(b) DOR will notify employers of incomplete reports by letter and specify the information that is erroneous, incomplete, or insufficient.

(5) Corrected Reports.

(a) Corrected Reports. Corrected reports must be filed as directed by DEO or DOR or as determined necessary by the employing unit. The decision of DEO or DOR will prevail when there is disagreement whether a corrected report is necessary.

(b) Corrected Quarterly or Annual Reports. Employers who are required, pursuant to Section 443.163, F.S., to file quarterly reports online on DOR’s website at floridarevenue.com are also required to file corrections to those reports online. Employers not required to file reports online may make corrections to quarterly or annual reports on Form RT-8A, Correction to Employer’s Quarterly or Annual Domestic Report, incorporated by reference in Rule 73B-10.037, F.A.C. Corrections to quarterly reports may also be made online at DOR’s website, floridarevenue.com.

(6) Extensions of Time for Filing Reports. Pursuant to Section 443.141(1)(b), F.S., when a written request for an extension of time for filing a required report is received prior to the report’s delinquent date, DOR will grant an extension not to exceed 30 days. Reports received within an approved extension period will be considered timely.

(7) This rule is subject to sunset in accordance with the Governor’s November 11, 2019 directive. Within five years after the effective date, DEO shall review this rule and determine whether this rule is still necessary. If this rule is determined to no longer be necessary, then DEO will repeal the rule.

History

• Rulemaking Authority 443.1317 FS. Law Implemented 443.131, 443.141, 443.171 FS. History–New 8-25-92, Amended 12-28-97, Formerly 38B-2.023, Amended 1-19-03, 7-18-06, Formerly 60BB-2.023, Amended 6-2-14, 2-24-21.

Fla. Admin. Code R. 73B-10.024 Employer Registration Reports and Determinations of Liability

(1) Employer Registration Report.

(a) Each employing unit must file an employer registration report with DOR. Registration can be accomplished by either using the online registration system on DOR’s website at floridarevenue.com, or by submitting a paper Form DR-1, Florida Business Tax Application, incorporated by reference in Rule 12A-1.097, F.A.C.

(b) The report must include the signature and title of a person legally authorized to act on behalf of the employing unit.

(c) The employer registration report must be filed by the last day of the month immediately following the end of the calendar quarter in which the employing unit commenced operations. Successor employers who wish to transfer employment records must comply with the requirements and time limits in Rule 73B-10.031, F.A.C.

(2) Determination of Liability. Upon determining an employing unit liable for payment of contributions or reimbursements, DOR will issue a written determination, including the effective date of liability and, when applicable, the rate at which the employer must pay contributions pursuant to Section 443.131, F.S.

(3) This rule is subject to sunset in accordance with the Governor’s November 11, 2019 directive. Within five years after the effective date, DEO shall review this rule and determine whether this rule is still necessary. If this rule is determined to no longer be necessary, then DEO will repeal the rule.

History

• Rulemaking Authority 443.1317 FS. Law Implemented 443.131, 443.141(2), 443.171(5) FS. History–New 8-25-92, Formerly 38B-2.024, Amended 1-19-03, 7-18-06, Formerly 60BB-2.024, 6-2-14, Amended 2-24-21.

Fla. Admin. Code R. 73B-10.025 Reports Required of Liable Employers

(1) Employer’s Quarterly Reports.

(a) Each contributing and reimbursing employer must file quarterly reports on Form RT-6, Employer’s Quarterly Report, incorporated by reference in Rule 73B-10.037, F.A.C., unless the employer solely employs workers who perform domestic services and has been approved by DOR to file reports annually pursuant to Section 443.131(1), F.S. Employers who employed 10 or more employees in any quarter during the preceding state fiscal year are required, pursuant to Section 443.163, F.S., to file the quarterly reports, including corrections to those reports, online on DOR’s website at floridarevenue.com. Payrolling, as defined in Rule 73B-10.022, F.A.C., is not permitted. Employers that engage in payrolling are subject to the penalties set forth in Section 443.131(3)(g), F.S.

(b) Each quarterly report must:

1. Be filed with DOR by the last day of the month following the calendar quarter to which the report applies, except for reports filed by electronic means, which are to be filed as provided in Rule 73B-10.023, F.A.C. However, an employer reporting for the first time will have late penalty charges waived if the employer filed the required reports within 15 consecutive calendar days from the notification date of liability; and,

2. Be filed for each calendar quarter during which the employer was liable, even if no contributions are payable. If there was no employment during the calendar quarter to which the report applies, the report must be completed to so reflect; and,

3. Include wages paid at regular and irregular intervals during the calendar quarter; and,

4. Include commissions and bonuses and the cash value of all remuneration paid in any medium other than cash during the calendar quarter.

(2) Reports of Change in Status.

(a) Sale, transfer, cessation, or other disposition of a business or part of a business. Each liable employer must report any change in status to DOR by updating their account online on DOR’s website at floridarevenue.com, or by using Form RTS-3, Employer Account Change Form, incorporated by reference in Rule 73B-10.037, F.A.C., or by writing to DOR. The report must be signed by a person with authority to submit such reports and:

1. Be reported on or before the due date of the next quarterly report, and when applicable;

2. State the name and address of the person, firm or corporation to whom all or part of the business was sold, transferred or otherwise disposed; and,

3. Include the name and address of the trustee, receiver, or other official placed in charge of the business when the status change results from bankruptcy, receivership or other similar situation; and,

4. Be made by the employer’s court appointed personal representative when the status change results from the death of an employer or, in the event no personal representative is appointed by the heirs succeeding in interest of the employer; and,

5. Be made by the former partners or joint adventurers when the change is due to dissolution of a partnership or joint venture.

(b) Other Changes. Employers must report changes to business name, address, ownership, officers, legal entity status (such as from sole proprietorship to corporation or from partnership to limited liability company) and business operations by updating their account online on DOR’s website at floridarevenue.com, or by completing Form RTS-3, Employer Account Change Form, or by writing to DOR.

(3) Special Reports.

(a) Employee Leasing Company Reports.

1. Disclosure of Client Companies and Leased Employees. In addition to the information required by Section 443.036(18), F.S., each employee leasing company must file a multiple worksite report each quarter that includes information for each client establishment and each employee leasing company establishment as provided in subparagraphs 2. and 3., below:

2. Electronic Filing Required. Each employee leasing company that has 30 or more client companies as of October 1, 2009 must file the report electronically with the U.S. Bureau of Labor Statistics. Each electronic report shall be submitted in the format specified by the Bureau of Labor Statistics of the United States Department of Labor, Quarterly Census of Employment and Wages, Electronic Data Reporting, Appendix E – MWR File Format (PEO). This file format, together with its instructions, are incorporated herein by reference and may be obtained online at http://www.bls.gov/cew/cewedr11.htm (last modified Sept. 27, 2005). The sum of the employment data and the sum of the wage data in this report must match the employment and wages reported on Form RT-6, Employer’s Quarterly Report.

3. Paper Filing Allowed. Any employee leasing company that has less than 30 client companies as of October 1, 2009 may file the report electronically with the U.S. Bureau of Labor Statistics in accordance with subparagraph 2., above, or may complete Form BLS 3020, Multiple Worksite Report, which shall be filed with DEO, Labor Market Statistics, 107 East Madison Street, MSC #G-020, Tallahassee, Florida 32399-4111. This form, together with its instructions, are incorporated herein by reference and may be obtained by contacting the DEO at the address above, or online at http://www.bls.gov/cew/forms/mwr_fl.pdf. Once an employee leasing company begins to file its report electronically, it may not thereafter elect to file any paper reports.

4. Transition to Electronic Filing. When an employee leasing company attains 30 client companies it must transition from paper filing to electronic filing. An employee leasing company must file electronically within three quarters following the quarter in which it exceeds 29 client companies. Any employee leasing company that registers to conduct business in Florida after October 1, 2009 must file electronically if it has 30 or more client companies as of that date. Any such employee leasing company must begin electronic filing within three quarters following the quarter in which it begins to conduct business in Florida. The employee leasing company must continue to file Form BLS 3020, Multiple Worksite Report with the DEO until it is able to file electronic reports.

5. Filing Date. Quarterly reports must be filed by the last day of the month immediately following the end of the calendar quarter – i.e. April, July, October, and January of each year. Delinquent reports are subject to penalties pursuant to Section 443.141(1)(b), F.S. If an employee leasing company fails to timely file the quarterly reports required by this rule, the DEO will report the employee leasing company to DOR and to the Department of Business and Professional Regulation.

(b) Report of Work and Earnings. During an investigation of eligibility for benefits, an employing unit must, if requested by DEO or DOR , complete Form RTS-8, Firm’s Statement of Claimant’s Work and Earnings, incorporated by reference in Rule 73B-10.037, F.A.C.

(c) Independent Contractor Questionnaire. An employing unit must, if requested by DEO or DOR, complete Form RTS-6061, Independent Contractor Analysis, incorporated by reference in Rule 73B-10.037, F.A.C., when additional information is necessary to establish whether workers are employees or independent contractors.

(d) Annual Reporting of Certain Domestic Workers.

1. Application. An employer whose employees perform only domestic services may elect to report wages and pay taxes annually instead of quarterly, pursuant to Section 443.131(1), F.S., by completing and filing application Form RT-7A, Application for Annual Filing for Employers of Domestic Employees, incorporated by reference in Rule 73B-10.037, F.A.C., with DOR by December 1 of the year preceding the calendar year the annual reporting period will begin. DOR will issue written notification of approval or denial to the applicant within 30 days after receipt of a completed application. An employer whose application is approved does not need to resubmit an application for consecutive subsequent years. An employer whose application is denied will have 20 days from the mailing date of the notification of denial to file a written protest with DOR. The protest will be governed by the provisions of Rule 73B-10.035, F.A.C.

2. An employer who is approved must report wages and pay taxes annually by filing Form RT-7, Employer’s Reemployment Tax Annual Report for Employers of Domestic Employees Only, incorporated by reference in Rule 73B-10.037, F.A.C., in accordance with the instructions contained on the form. However, an employer required to file by electronic means must file Form RT-7 by electronic means and concurrently pay taxes by electronic means in accordance with subsection 73B-10.023(2), and paragraph 73B-10.027(2)(a), F.A.C.

3. An employer who ceases to qualify for annual reporting and payment or voluntarily discontinues annual reporting and payment or is terminated from the annual reporting and payment program for failure to timely furnish wage information must file with DOR, no later than the last day of the month following the calendar quarter in which the disqualification or termination occurred, all quarterly wage and tax reports due for all completed calendar quarters and pay all amounts due. Any request to discontinue annual reporting must be submitted in writing to DOR and include the employer’s reemployment tax account number and the date the discontinuation is to be effective. An employer whose participation has been terminated by DOR will have 20 days from the mailing date of the notice of termination to file a written protest with DOR. Pending the final resolution of the protest, the employer must timely file quarterly reports and pay all taxes due. The protest will be governed by the provisions of Rule 73B-10.035, F.A.C.

4. Reapplication.

a. An employer who terminates or is disqualified from annual reporting and payment may reapply by completing and filing Form RT-7A with DOR no later than December 1 of the year following disqualification or termination. Upon re-application, an employer who timely furnished all required wage information and paid taxes due will be reconsidered for annual reporting effective January 1 of the calendar year following re-application.

b. An employer of domestic employees who ceased to participate in annual reporting pursuant to a voluntary written request, may reapply by completing and filing Form RT-7A with DOR no later than December 1 of the year following disqualification or termination to be considered for annual reporting of wages and paying taxes commencing January 1 of the following year.

(4) This rule is subject to sunset in accordance with the Governor’s November 11, 2019 directive. Within five years after the effective date, DEO shall review this rule and determine whether this rule is still necessary. If this rule is determined to no longer be necessary, then DEO will repeal the rule.

History

• Rulemaking Authority 443.1317 FS. Law Implemented 443.1216, 443.131, 443.141, 443.163, 443.171(5) FS. History–New 8-25-92, Formerly 38B-2.025, Amended 1-19-03, 7-18-06, 2-24-10, Formerly 60BB-2.025, Amended 6-2-14, 10-16-17, 2-24-21.

Fla. Admin. Code R. 73B-10.0251 Services Performed On or In Connection with a non-American Vessel or Aircraft

(1) Applicability of exemption for services performed on or in connection with a non-American vessel or aircraft:

(a) Service performed by an employee during a reporting period on or in connection with a non-American vessel or a non-American aircraft is exempt from the definition of employment if such employee is employed by the employer on and in any way connected with the vessel or aircraft while it is outside the United States.

(b) The citizenship or residence of the employee and the place where the contract of service is entered into are immaterial for purposes of this exemption, and the citizenship or residence of the employer is material only in determining whether the vessel is American. Services performed within the United States on or in connection with a non-American vessel are exempted from employment if the employee is employed by the employer on and in connection with the vessel when it is outside the United States.

(c) Exempt services under this rule are not considered employment for reemployment tax purposes and shall not to be reported on the employer’s quarterly report (RT-6).

(2) Definitions:

(a) “Non-American aircraft” means any aircraft that is not an “American aircraft” as defined by Section 443.036(3), F.S.

(b) “Non-American vessel” means any vessel that is not an “American vessel” as defined in Section 443.036(5), F.S.

History

• Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.1216(13)(b) FS. History–New 9-23-15.

Fla. Admin. Code R. 73B-10.026 Determinations to Liable Employers

(1) Notice of Benefits Paid and Charged, Invoiced, or Credited. A statement mailed to the employer within 30 days after the end of each calendar quarter will include the name and partial social security number of each claimant for whom benefits were charged, invoiced, or credited to the employer’s account during the previous calendar quarter. Notification to contributing employers is provided on Form RT-1, Notice of Benefits Paid. Notification to reimbursing employers is provided on Form RT-29, Reemployment Tax Reimbursement Invoice.

(a) Requests for Redetermination. The information contained on the notification is conclusive and binding unless the employer files a written request for redetermination with DEO within 20 days of the mailing date of the notification. Such request will not serve to protest determinations, redeterminations, decisions, or orders issued pursuant to Section 443.151, F.S.

(b) Adjustment of Charges.

1. Contributing Employer. When DEO determines benefits charged to an employment record were paid in error or fraudulently obtained, the employment record will be adjusted to remove the erroneous charges. The credit will be applied to the calendar quarter during which the adjustment is made. However, when the employer timely protests the tax rate to DEO or DOR, or timely applies for a tax rate adjustment after determining the tax rate was adversely affected by the charge pursuant to Section 443.131(3)(i), F.S., the credit will be applied to the calendar year in which the benefit payments were charged.

2. Reimbursing Employer. When DEO determines benefits billed to a reimbursing employer were paid in error or fraudulently obtained, the amount recouped or recovered from the claimant by DEO will on a pro rata basis be credited to the reimbursing employer or refunded if the employer has no balance due.

(c) Appeals Regarding Charges to an Employer Account.

1. Any appeal from a determination or redetermination with respect to the payment of benefits which involves the issue of whether an employer’s account will be charged as provided in Section 443.131(3)(a), F.S., and Rule 73B-10.018, F.A.C., will be heard and decided by an appeals referee, in accordance with the provisions of Chapter 73B-20, F.A.C.

2. When an appeal from a determination or redetermination is filed pursuant to Section 443.151(4)(b), F.S., involving the application of Section 443.101, F.S., the appeals referee will, in the same proceeding, hear and decide any collateral issue with respect to whether benefit payments made pursuant to the decision will be charged to the employer’s account.

(2) Determination of Tax Rate Pursuant to Computation of a Benefit Ratio. When an employer first becomes eligible for computation of a benefit ratio as provided in Section 443.131(3)(b), F.S., DOR will:

(a) Notify the employer of the contribution rate by use of Form RT-20, Reemployment Tax Rate Notice, at least 15 days before the end of the calendar quarter for which the rate is effective.

(b) The rate will be effective for the calendar quarter in which eligibility was established and for the remainder of that calendar year.

(3) Determination of Audit Findings. DOR will notify employers of the results of audit findings.

(4) Determination of Employment Status. DOR will issue determinations to notify employers regarding whether services performed by individuals or classes of workers were in statutorily covered employment, were exempt from reemployment assistance coverage, were performed by employees, or were performed by independent contractors.

(5) This rule is subject to sunset in accordance with the Governor’s November 11, 2019 directive. Within five years after the effective date, DEO shall review this rule and determine whether this rule is still necessary. If this rule is determined to no longer be necessary, then DEO will repeal the rule.

History

• Rulemaking Authority 443.1317 FS. Law Implemented 443.131(3), 443.1312, 443.1313, 443.141(2)(b), 443.151(3)(c), (d), (4)(b) FS. History–New 8-25-92, Formerly 38B-2.026, Amended 1-19-03, 7-18-06, Formerly 60BB-2.026, Amended 6-2-14, 10-16-17, 2-24-21.

Fla. Admin. Code R. 73B-10.027 Payment of Contributions

(1) Remittance with Quarterly Reports. Payment is to be submitted concurrently with quarterly reports except for payment by electronic means which is to be submitted as provided in paragraph (2)(a) of this rule. Contributions are payable for each calendar quarter with respect to wages paid during such calendar quarter, except as otherwise provided in this rule and Sections 443.1312-.1313, F.S.

(2) Due and Payable Dates.

(a) Except for payments remitted by electronic means, contributions for the quarter ending March 31 are due April 30 and become delinquent on May 1; contributions for the quarter ending June 30 are due July 31 and become delinquent on August 1; contributions for the quarter ending September 30 are due October 31 and become delinquent November 1; contributions for the quarter ending December 31 are due January 31 and become delinquent February 1. Payments remitted by electronic funds transfer (EFT), Internet, or other electronic means must be in compliance with the rule provisions in Chapter 12-24, F.A.C., incorporated herein by reference, regarding payment by electronic means.

(b) The first contribution payment of an employing unit which becomes an employer must include contributions for the entire period of liability. Payment is due by the last day of the month following the calendar quarter in which the employing unit:

1. Met the liability provisions of the law; or

2. Elected, with written approval by DOR, to become an employer.

History

• Rulemaking Authority 443.1317 FS. Law Implemented 443.121, 443.131 FS. History–New 8-25-92, Formerly 38B-2.027, Amended 1-19-03, 7-18-06, 12-11-06, Formerly 60BB-2.027, Amended 10-16-17.

Fla. Admin. Code R. 73B-10.028 Delinquent Accounts

(1) Application of Partial Payments. When a delinquency exists in the account of an employer not in bankruptcy and payment in an amount less than the total delinquency is remitted, DOR will apply the payment to the delinquency in such manner as the payer directs. In the absence of specific written directions from the employer, DOR will apply a partial payment to billed quarters of delinquency first to satisfy contributions, next interest, next penalty, next service fee, and then filing fee, in each quarter in full before application of the remainder of such payment to the next earlier quarter of delinquency. Once payment is applied pursuant to these rules, the application of payment will not be changed unless DOR made an application error.

(2) Billing. As provided in Section 443.131(3)(h)1., F.S., the term “incurred by” will be applicable only after the indebtedness, determined in accordance with Section 213.24, F.S., has been billed, but unpaid, for at least four (4) consecutive calendar quarters.

(3) Notice of Indebtedness Affecting Tax Rates.

(a) Notice of indebtedness will be issued by DOR. The notice will be mailed at least thirty days prior to the effective date of rating to each employer whose tax rate may be affected. Such indebtedness must be paid by the last day of the calendar quarter in which notification was mailed.

(b) An employer who is not notified of indebtedness because it was in an inactive status, as defined in Section 443.121(4), F.S., will be notified of the indebtedness when it returns to active status and the indebtedness must be paid within 30 days of the mailing date of the notification.

(4) Waiver of Penalty and Interest. Pursuant to Sections 443.1316 and 443.141(1), F.S., DOR is authorized to waive imposition of interest or penalty when the employer requests a waiver and establishes that imposition of interest or penalty would be inequitable, however, DOR will not consider a request for waiver of penalty until the employer has filed all reports due for the five years immediately preceding the request for waiver. Examples of inequity include situations where the delinquency was caused by one of the following factors:

(a) The required report was addressed or delivered to the wrong state or federal agency.

(b) Death or serious illness of the person responsible for the preparation and filing of the report.

(c) Destruction of the employer’s business records by fire or other casualty.

(d) Unscheduled and unavoidable computer down time.

(e) Erroneous information provided by DEO or DOR; failure of DOR to furnish proper forms upon a timely request; or inability of the employer to obtain an interview with a representative of DOR. In each case, a diligent attempt to obtain the necessary information or forms must have been made by the employer in sufficient time that prompt action by DOR would have allowed the reports to be filed timely.

History

• Rulemaking Authority 443.1317 FS. Law Implemented 443.121(4), 443.131, 443.1312, 443.1313, 443.1315, 443.141 FS. History–New 8-25-92, Amended 12-23-98, Formerly 38B-2.028, Amended 1-19-03, 7-18-06, Formerly 60BB-2.028, Amended 6-2-14, 10-16-17.

Fla. Admin. Code R. 73B-10.029 Changing Methods of Financing Benefit – Nonprofit and Governmental Employers

(1) A non-profit or public employer will be assigned the applicable initial tax when changing from the reimbursing method to the contributing method of reporting. Experience as a reimbursing employer will not be used to determine the tax rate.

(2) A non-profit or public employer changing from the reimbursing to the contributing method of financing benefits must continue reimbursing the fund for benefits that are based on wages paid as a reimbursing employer. The requirement to remit taxes with quarterly reports begins on the effective date of the election to contribute.

(3) When a non-profit or public employer changes from the contributing to the reimbursing method of financing benefits and returns to the contributing method, the employment records in the prior contributing period will be used in computing a benefit ratio.

History

• Rulemaking Authority 443.1317 FS. Law Implemented 443.131, 443.1312, 443.1313 FS. History–New 8-25-92, Formerly 38B-2.029, Amended 1-19-03, 7-18-06, Formerly 60BB-2.029.

Fla. Admin. Code R. 73B-10.030 Offset of Tax Refund Payments to Collect Reemployment Tax Debts Owed to the Florida Unemployment Compensation Trust Fund Pursuant to 31 C.F.R. 285.8

(1) Definitions. For purposes of this section:

(a) “Debt” means past-due, legally enforceable reemployment tax, penalty, and interest.

(b) “Department” means the Department of Revenue, the state agency providing reemployment tax collection services under contract with the Florida Department of Commerce.

(c) “Employer” means an employing unit subject to Chapter 443, F.S., and this Chapter.

(d) “BFS” means the Bureau of the Fiscal Service, a bureau of the United States Department of the Treasury.

(e) “IRS” means the Internal Revenue Service, a bureau of the United States Department of the Treasury.

(f) “Tax refund offset” means withholding or reducing a tax refund payment by an amount necessary to satisfy a reemployment tax debt owed by the employer pursuant to 26 U.S.C. 6402.

(g) “Tax refund payment” means any overpayment of Federal taxes to be refunded to the employer making the overpayment after the IRS makes the appropriate credits pursuant to 26 U.S.C. 6402 for any liabilities on the part of the employer which made the overpayment.

(h) “Reemployment tax debt” has the same meaning as the term “covered unemployment compensation debt” which is defined in 26 U.S.C. 6402(f)(4), and includes:

1. Contributions due to the unemployment fund of a state for which the state has determined the employer to be liable and which remains uncollected.

2. Any penalties and interest assessed on such debt.

(2) Advance notification to the employer and consideration of the employer’s response.

(a) The Department will provide written notification to the employer by U.S. mail to its last known address, informing the employer that the Department intends to refer the debt for collection by tax refund offset. The notice must give the employer 60 days to present evidence that all or part of the debt is either not past due or is not legally enforceable.

(b) The Department will consider any relevant evidence timely presented by the employer to show that the debt is not past due or is not legally enforceable in response to the notice described in paragraph (2)(a) and will issue a determination regarding whether any amount of the reemployment tax debt is past due and legally enforceable. The response shall indicate when the notice was received.

(c) If the Department again determines that all or part of the reemployment tax debt is past due and legally enforceable, the employer may protest the redetermination pursuant to Rule 73B-10.035, F.A.C. The only issues in such a protest will be whether the reemployment tax debt is past due and/or legally enforceable.

(3) Upon satisfying the requirements of subsection (2), the Department will certify debts for tax refund offset with BFS in accordance with the procedures set forth in 31 C.F.R. 285.8.

History

• Rulemaking Authority 443.1317(1)(b), 443.171(9) FS. Law Implemented 443.1316(2), 443.171(9), 443.221(3) FS. History–New 7-9-25.

Fla. Admin. Code R. 73B-10.031 Succession and Transfer of Reemployment Experience

(1) Commencement Date and Records Regarding All Successions.

(a) A succession commences when all or part of a trade or business is transferred from one employer to another. If a transfer of workforce is involved, the succession commences when any of the transferred workers begin working for the successor employer.

(b) Each employing unit must keep complete, true and accurate records of any transfer or acquisition of a trade or business or portion thereof and make those records available to DOR upon request.

(2) Voluntary Transfer of Tax Rate.

(a) Requirements for Voluntary Transfer of Employment Records.

1. Timely Written Notification to DOR. A successor employer must notify DOR in writing of a total or partial succession within 90 days after the date the succession commenced or any application for transfer of employment records will be denied. Notification may be made on Form DR-1, Florida Business Tax Application, incorporated by reference in Rule 12A-1.097, F.A.C. or RTS-1S, Report to Determine Succession and Application for Transfer of Experience Rating Records, incorporated by reference in Rule 73B-10.037, F.A.C. If the initial written notification is not on Form RTS-1S or Form RTS-1S is incomplete, a completed Form RTS-1S must be filed within 30 days after DOR mails written notification of the requirement to the employer, or the application for transfer of employment records will be denied.

2. Time Limit for Application to transfer employment records. Pursuant to Section 443.131(3)(f)1., F.S., DOR will notify each successor who was not an employer prior to the succession of its liability and the right to apply for transfer of the predecessor’s employment records. DOR will issue written notification to each successor who was already an employer of the right to apply for transfer of the predecessor’s employment records. The successor must file a written application for transfer of the predecessor’s employment records within 30 days from the mailing date of DOR’s written notification or the application will be denied.

3. Notification of Tax Rate Change Resulting from Transfer of Employment Records. Upon being notified in writing that a succession occurred, DOR will notify each affected employer of any tax rate change that would result from transfer of the predecessor’s employment records, pursuant to Sections 443.131(3) and 443.1316, F.S., as well as the tax rate that would be assigned if employment records were not transferred.

4. Withdrawal of Application. The successor and predecessor employer will each have 30 days from the mailing date of DOR notice of proposed tax rate to withdraw in writing the application or agreement to transfer employment records. Failure to timely withdraw an application or agreement will constitute acceptance of the transfer.

(b) Partial Succession.

1. In addition to the provisions of subsection (1), and paragraph (2)(a) of this rule, a partial successor must submit information from the predecessor’s records regarding all employees who worked in the unit being transferred during any part of the 14 calendar quarters immediately preceding and up to the date the succession commenced, by completing and submitting Form RTS-1SA “List of Employees to be Transferred,” within 30 days after DOR mails written notification of the RTS-1SA requirement to the employer, or the application will be denied. Form RTS-1SA is incorporated by reference in Rule 73B-10.037, F.A.C. If 10 or more employees were transferred, filing of the RTS-1SA must be by electronic means in accordance with the provisions of Chapter 12-24, F.A.C.

2. A partial successor’s application for transfer of employment records must include the written agreement of the predecessor for transfer of the employment records of each identifiable and segregable unit to be transferred, or the application will be denied.

3. The partial successor must establish that the records to be transferred are those of an identifiable and segregable unit or units and provide the date workers were first employed in each unit being transferred, even if the unit began employing workers under a previous legal entity. An identifiable, segregable unit is a distinct entity that could operate independently of the remainder of the business. If timely written notification of partial succession is filed and DOR determines additional information is needed, the partial successor will have the later of 90 days after the commencement of the partial succession or 30 days after DOR’s mailed notification that additional information is needed to file the required information, or the application for transfer of employment records will be denied.

4. Upon receipt of a complete, timely Form RTS-1SA, DOR will identify the employment records to be transferred, based on wages and benefit charges associated with the transferred unit, and issue written notification of the determination to the predecessor and successor employers. The transferred employment records will be applied to the successor’s records in the same calendar quarter that they are removed from the predecessor’s records. The successor will be liable for charges associated with benefits paid to transferred employees for any claim based on wages paid by the predecessor. DOR’s determination will become final and binding unless the successor or predecessor files a written request for reconsideration or appeal within the time permitted on the determination issued by DOR. Once the determination becomes final, no changes to the application or request for transfer of employment records will be permitted. DOR will revoke a previously approved transfer within three (3) years of the date of the partial succession if DOR determines the predecessor or successor submitted materially inaccurate or incomplete information.

(c) Tax Rate of Successor and Predecessor Upon Voluntary Transfer of Employment Records.

1. Tax Rate of Partial Successor.

a. The tax rate of a partial successor who was already an employer will be computed by DOR using the combination of the successor’s own employment records, if any, and the transferred employment records of the predecessor, effective at the beginning of the calendar quarter immediately following the effective date of the succession.

b. A partial successor who was not already an employer will become an employer as of the effective date of the succession. The tax rate from the date of succession and until the partial successor becomes eligible for an earned rate will be the initial rate provided in Section 443.131(2)(a), F.S. Thereafter, DOR will compute the tax rate pursuant to Section 443.131(3), F.S., on the basis of the successor’s own employment records and the transferred records.

2. Tax Rate of the Predecessor.

a. The transferred portion of the predecessor’s records will be removed from the employment records of the predecessor as of the effective date of the succession.

b. The tax rate of the predecessor will remain unchanged until the predecessor qualifies for computation of a benefit ratio. Should this occur prior to the approval of the transfer, the rate computation for the immediately following rate year will be based on the employment inclusive of the portion sought to be transferred. After approval, DOR will recompute the rate of the predecessor for the entire rate year using only that portion of the employment records remaining after the transfer is completed.

3. Tax Rate of Total Successor Who Was Already an Employer. The tax rate of a total successor who was already an employer will remain unchanged for the remainder of the calendar quarter in which the total succession occurred. Thereafter, the rate will:

a. Be computed using the combination of the successor’s own employment record with that of the predecessor; and,

b. Be assigned from the first day of the calendar quarter immediately following the date of succession; and,

c. Remain in effect until the successor next qualifies for computation of a benefit ratio.

4. Tax Rate of Total Successor Who Was Not Already an Employer. Upon transfer of employment records, the tax rate of a total successor who was not already an employer will:

a. Be the tax rate of the predecessor employer from the date of succession; and,

b. Remain in effect until the successor qualifies for computation of a benefit ratio.

5. Tax Rate of Predecessor Upon Total Succession. When a total succession occurs, the tax rate of the predecessor will be:

a. The initial rate, if employment recommences; or

b. The earned rate, if the only wages paid are for employment that occurred prior to the total succession.

(3) Mandatory Transfer of Employment Records. Each employer must notify DOR in writing of any total or partial transfer of trade or business within 90 days after the date of transfer if there was any common ownership, management, or control of the two employers at the time of the transfer. For the purpose of implementing Section 443.131(3)(g), F.S.:

(a) The term “ownership” means any proprietary interest in a business, including, but not limited to, shares of stock in a corporation, partnership interest in a partnership or membership interest in a Limited Liability Company (LLC).

(b) “Common ownership” exists when a person has ownership in two or more businesses.

(c) A person in “management” includes any officer or director of a corporation, owner of a sole proprietorship, partner in a partnership, manager of an LLC, or person with the ability to direct the activities of an employing unit, either individually or in concert with others.

(d) “Common management” exists when a person concurrently occupies management positions in two or more businesses.

(e) A person in “control” of a business includes any officer or director of a corporation, owner of a sole proprietorship, partner in a partnership, manager of an LLC, or other person with the ability, directly or indirectly, individually or in concert with others, to influence or direct management, activities or policies of the business through ownership of stock, voting rights, contract, or other means. Control exists when an employee leasing company dictates or specifies the businesses with which a client company must contract.

(f) “Common control” exists when a person or group of persons has control of two or more businesses.

(g) The phrase “transfer or acquisition” encompasses any and all types of transfers and acquisitions including, but not limited to, assignments, changes in legal identity or form, consolidations, conveyances, mergers, name changes, purchase and sale agreements, reorganizations, stock transfers and successions.

(h) The phrase “trade or business or a portion thereof” includes but is not limited to assets, customers, management, organization and workforce.

(i) For the purpose of determining issues relating to the transfer of employment records upon transfer or acquisition of a business, the term “person” has the meaning set forth in Section 7701(a)(1) of the Internal Revenue Code.

(j) In determining whether common management, ownership, or control exists, DOR may consider common relationships between owners or persons who exert control over or occupy management positions in the businesses under consideration. For purposes of this rule, a common relationship exists when persons are related to each other by adoption, marriage, step-relationships, direct line blood relationships such as grandchild, child, parent, grandparent (lineal consanguinity), or common ancestry, such as brothers, sisters, aunts, uncles, nieces, and nephews (collateral consanguinity to the third degree). A common relationship is also deemed to exist between affiliated corporations as defined in Section 1504(a) of the Internal Revenue Code.

(k) A transfer of workforce includes direct transfers as well as those in which an employer transfers all or part of its trade or business to an employing unit for the purpose of reducing its unemployment tax rate and that employing unit subsequently transfers the acquired trade or business to an employer that has any common ownership, management or control with the first employer.

(l) Upon determining that conditions requiring mandatory transfer of employment records exist, DOR will issue a determination in accordance with Section 443.131(3)(i), F.S. Such determinations, including but not limited to determinations that change an employer’s tax rate, will be effective as of the beginning of the calendar quarter immediately following the date of the transfer unless the transfer occurred on the first day of a calendar quarter, in which case the rate will be recalculated as of that date.

(m) In determining, pursuant to Section 443.131(3)(g)1.b., F.S., whether a substantial purpose of a transfer was to obtain a reduced liability for contributions, DOR will consider whether retained or transferred employees were laid off and, if so, how soon after the transfer the layoff occurred. Obtaining a reduced liability for contributions will not be considered a substantial purpose of a transfer if a layoff occurs more than 6 months after the transfer and involves less than 25% of the employees transferred to the successor or retained by the predecessor.

(n) In determining, pursuant to Section 443.131(3)(g)2., F.S., whether a business was acquired solely or primarily to obtain a lower rate of contributions, DOR will consider the length of time the business enterprise of the acquired business is continued. Generally, the longer a business operation continues, the less likely it is that DOR will determine the business was acquired to obtain a lower rate of contributions, unless a substantial number of new employees are hired whose job functions are unrelated to the business activity conducted prior to the succession. In determining whether the number is substantial, the number of new employees will be compared to the number of employees prior to the succession.

(o) If the transfer of trade or business involved a partial transfer of workforce and common ownership, management, or control, information from the predecessor’s records must be submitted regarding all employees who worked for the transferred unit(s) or position(s) during any part of the 14 calendar quarters immediately preceding and up to the date the succession commenced, by completing and submitting Form RTS-1SA “List of Employees to be Transferred.” within 30 days after DOR mails written notification of the RTS-1SA requirement to the employer. If 10 or more employees were transferred, filing of the RTS-1SA must be by electronic means in accordance with the provisions of Chapter 12-24, F.A.C. If the successor employer cannot provide the information required on the RTS-1SA despite a good faith effort to obtain the information, DOR will combine the employment records of the employers to determine the tax rate. However, if an employer knowingly fails to provide the required information in the manner required by this paragraph, DOR will impose the maximum rate in accordance with Section 443.131(3)(g)3.a., F.S. Additionally, if DOR determines an employer knowingly violated Section 443.131(3)(g), F.S., DOR will not give effect to the taxable wages paid by the predecessor in determining whether the taxable wage base is met and will restart the taxable wage base for the individuals at zero.

(p) If the person in violation of Section 443.131(3)(g)1. or 2., F.S., is not an employer, the civil penalty imposed by section 443.131(3)(g)3.b., F.S., will equal twice the amount of tax that was evaded or attempted to be evaded but not more than $5,000.

(q) The fact that the employer had a legitimate business purpose for a transfer does not preclude a finding that a substantial reason for the transfer was to obtain a reduced liability for contributions.

(r) If a person who knowingly advises another person to violate the law is an employee, the employer of that employee will be subject to the rate increase penalty provided in Section 443.131(3)(g)3.a., F.S. If the person is a partner, member of an LLC or an officer or director of a corporation, then the partnership, LLC or the corporation will be subject to the rate increase.

History

• Rulemaking Authority 443.1317 FS. Law Implemented 443.036(20), 443.1215, 443.131(3) FS. History–New 8-25-92, Amended 12-7-97, Formerly 38B-2.031, Amended 1-19-03, 7-17-06, Formerly 60BB-2.031, Amended 6-2-14, 10-16-17.

Fla. Admin. Code R. 73B-10.032 Employing Unit Records

(1) Retention of Records. Each employing unit will maintain all records pertaining to remuneration for services performed. Such records must be maintained for a period of five years following the calendar year in which the services were rendered and must also be made available to DEO or DOR upon request. If the records are maintained outside of Florida, a resident agent must be designated in Florida, through which the records may be obtained by DEO or DOR.

(2) Record Contents. Records must contain true and accurate information regarding each worker as follows:

(a) Name and social security number; and,

(b) Place of employment within the State. For the purpose of this rule, the place of employment is to be recorded as the county in Florida in which the work was performed. The place of employment of a worker who performed work in more than one county is to be recorded as the county in Florida which serves as the worker’s base of operation; or, if the worker has no base of operations in Florida, the place of employment is to be recorded as the State of Florida at large; and,

(c) Beginning and ending dates of each pay period and dates on which work was performed during each pay period; and,

(d) Amount of remuneration paid to each worker for each pay period and dates of payment. If paid on an hourly or piece rate basis, the records must state for each day the remuneration earned on such basis and the date of payment. If paid on an hourly basis, the number of hours worked in each pay period must be recorded; and,

(e) Date(s) hired, re-hired, and returned to work after temporary separation from work, and the date(s) of separation; and,

(f) Special payments of any kind. All special payments, including bonuses, gifts, prizes, etc., must be recorded separately. The record must include the amount of money payments, reasonable cash value of other remuneration, the nature of such payments and, if appropriate, the period during which services were performed for such payments; and,

(g) The address of each location where payroll records are maintained.

(3) Failure to Maintain Records. An employing unit that fails to maintain and/or provide required records of employment will be determined liable effective on the date employment first occurred, as established by DOR using the best available information.

(4) Power of Attorney. An employing unit may authorize its representative to receive confidential tax records or information by submitting a power of attorney to DOR. DOR prescribes Form DR-835, Power of Attorney and Declaration of Representative, incorporated by reference in Rule 12-6.0015, F.A.C.

(5) Reemployment Tax Agent.

(a) An employing unit may authorize its reemployment tax agent to directly receive confidential tax information from DOR. The employing unit must submit a Power of Attorney and Declaration of Representative (Form DR-835) to its reemployment tax agent. The reemployment tax agent must:

1. Serve as an agent for more than 100 employing units;

2. Maintain the power of attorney executed by the employing unit and provide a copy to DOR upon request;

3. Restrict access to the confidential reemployment tax information to specifically authorized personnel in compliance with the provisions of Section 443.1715, F.S.;

4. Notify DOR by electronic means within 30 days when the agent no longer represents an employing unit; and,

5. Execute a Reemployment Tax Data Release Agreement (Form RT-19, incoporated by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-04811, in Rule 73B-10.037, F.A.C.).

(b)1. To terminate a Reemployment Tax Data Release Agreement, the reemployment tax agent must provide written notice to DOR to the following address:

Account Management, Mail Stop 1-5730

Florida Department of Revenue

5050 W. Tennessee Street

Tallahassee, FL 32399-0160

2. The termination of a Reemployment Tax Data Release Agreement will take effect 15 days after receipt of the written notice to terminate.

3. DOR shall terminate a Reemployment Tax Data Release Agreement if the agent is not in compliance with the terms of the Agreement or any provision of Chapter 443, F.S., by providing written notice to the reemployment tax agent. The termination of the agreement is effective upon the date of issuance by DOR.

History

• Rulemaking Authority 443.1317 FS. Law Implemented 443.071(2), (3), 443.141(2), 443.171 FS. History–New 8-25-92, Formerly 38B-2.032, Amended 1-19-03, 7-18-06, 12-27-06, Formerly 60BB-2.032, Amended 6-2-14, 12-30-14, 10-16-17.

Fla. Admin. Code R. 73B-10.035 Protests of Liability, Assessment, Reimbursements, and Tax Rate – Special Deputy Hearings

(1) Filing a Protest. Protests of determinations of liability, assessments, reimbursement requirements, and tax rates are filed by writing to DOR in the time and manner prescribed on the determination document. Upon receipt of a written protest, DOR will issue a redetermination if appropriate. If a redetermination is not issued, the letter of protest, determination, and all relevant documentation will be forwarded to the Office of Appeals, Special Deputy Section, in DEO for resolution.

(2) Each protest is to contain:

(a) The employer account number assigned to the Petitioner by DOR;

(b) The name, address, and telephone number of the Petitioner; the name, address, and telephone number of the Petitioner’s representative, if any, which will be the address for service during the course of the proceeding; and an explanation of how the Petitioner’s substantial interests will be affected by DOR’s determination;

(c) A statement of when and how the Petitioner received notice of DOR’s determination;

(d) A statement of all disputed issues of material fact. If there are none, the petition should so indicate;

(e) A concise statement of the ultimate facts alleged, including the specific facts the Petitioner contends warrant reversal or modification of the determination;

(f) A statement of the specific rules or statutes the Petitioner contends require reversal or modification of the determination; and,

(g) A statement of the relief sought by the Petitioner.

(3) Proceedings. Special deputies will conduct hearings and issue recommended orders to the Director or Director’s designee on protests of determinations of liability, tax rates, assessments, and reimbursement requirements.

(4) Parties. DEO through its designee, DOR, will be a party respondent in each of the above protests. Where a protest arises from a claim or claims for benefits, the claimant will be joined as a party.

(5) Timely Protest.

(a) Determinations issued pursuant to Sections 443.1216, 443.131, 443.1312, and 443.141, F.S., will become final and binding unless application for review and protest is filed with DOR within 20 days from the mailing date of the determination. If not mailed, the determination will become final 20 days from the date the determination is delivered.

(b) If a protest appears to have been filed untimely, DEO may issue an Order to Show Cause to the Petitioner, requesting written information as to why the protest should be considered timely. If the Petitioner does not, within 15 days after the mailing date of the Order to Show Cause, provide written evidence that the protest is timely, the protest will be dismissed.

(6) Acceptance or denial by DEO’s Director or the Director’s designee.

(a) Each timely application for review of tax rate, assessment, or redetermination issued pursuant to Sections 443.131(3)(i)1., (4)(b), 443.1312(3), 443.1313, and 443.141(2)(a), F.S., shall be considered by the Director or Director’s Designee. When a timely application alleges facts which, if true, would entitle the applicant to a favorable redetermination, the Director or the Director’s designee will grant the application for review; otherwise the application shall be denied.

(b) If a timely application for review is granted, DEO will conduct an administrative hearing in the matter.

(7) Burden of Proof. The burden of proof will be on the protesting party to establish by a preponderance of the evidence that the determination was in error.

(8) Hearing. Hearings will be conducted telephonically or, if in-person, at one of DEO’s established UC Appeals Office locations in Florida.

(9) Furnishing Documents to the Parties. Pursuant to Sections 443.171(5) and 443.1715, F.S., DOR will provide to the Special Deputy and to each party documents and official records in its possession regarding the case.

(10) Notice of Hearing. The special deputy will set the time and place for all hearings and mail written notice to each party’s address of record at least 14 days before a hearing on the merits of the protest, unless otherwise agreed by the parties.

(11) Subpoenas.

(a) Upon written application of any party of record or upon the special deputy’s own motion, the special deputy may issue subpoenas pursuant to Section 443.171(6), F.S., requiring the attendance of witnesses or production of records, files and memoranda at any hearing before a special deputy for the purpose of taking the testimony of such witnesses or inspecting such documents. The application for subpoena must include the full name and address of the witness for whom the subpoena is to be issued and the time and place for the witness to appear and/or produce documents. Requests for subpoenas duces tecum must describe with particularity the documents to be provided to the special deputy and parties. Any application for subpoena must be delivered to the office of the special deputy sufficiently in advance of the scheduled date of the hearing to allow service prior to hearing.

(b) A subpoena may be served by any person authorized by law to serve process or by any other person who is not a party and who is of majority age. Service may be made by a party’s attorney or representative. Proof of personal service will be made by certification of the person making service if not served by an officer authorized by law to do so. If service is made by certified mail, the returned postal service receipt will be proof of service.

(c) Any person subject to a subpoena may, for any of the grounds set forth in Section 120.569(2)(k)1., F.S., file with the special deputy a motion to quash or limit the scope of the subpoena. The motion must be made sufficiently in advance of the date set for compliance with the subpoena to allow the special deputy to rule on the motion and provide notice to the parties of the ruling. If the special deputy’s written ruling is not received prior to the date set for compliance, the moving party must appear at the designated time and place prepared to comply with the subpoena. The moving party will be entitled to an oral ruling on the motion entered into the record at the inception of the hearing.

(d) If a person fails to comply with a subpoena, the party requesting the subpoena may seek enforcement by filing a petition for enforcement pursuant to Section 120.569(2)(k)2., F.S., in the circuit court of the judicial circuit wherein the person in noncompliance resides.

(12) Discovery. Parties may obtain discovery as provided in Rules 1.280 through 1.410, Florida Rules of Civil Procedure. Upon request by a party the special deputy is authorized to issue orders to effectuate the purposes of discovery and to prevent delays, including orders shortening the period of time during which discovery is to be performed.

(13) Continuance. The special deputy may, upon request of a party or upon the special deputy’s own motion, continue a hearing for good cause.

(a) Requests for continuance must state the reasons therefore and be made either in writing prior to the hearing or orally on the record at the hearing.

(b) The special deputy must immediately consider the request for continuance and provide written notice of the ruling to the parties.

1. If granted, the special deputy will so notify the parties in writing.

2. If denied, the appeals referee will so notify the parties in writing and proceed with the hearing as scheduled.

3. If it does not appear that the parties will receive a mailed ruling prior to the scheduled date of the hearing, the special deputy will nevertheless mail the ruling. If the request is denied the special deputy will proceed with the hearing. If the request is granted, the Office of Appeals will attempt to so notify each party by telephone.

4. If a continuance request is made during the course of a hearing, the special deputy will enter the ruling on the motion into the record and then proceed or adjourn.

5. If subsequent to hearing, but prior to rendition of a Recommended Order, the special deputy decides an additional hearing is necessary, the parties shall be so advised in writing.

(14) Appeals Procedures. Appeals procedures will be in accordance with Section 120.57, F.S., and this rule.

(15) Evidence.

(a) Oral evidence shall be taken only on oath or affirmation, whether the hearing is conducted by telephone, in-person, or by other means approved by DEO.

(b) The special deputy will prescribe the order in which testimony will be taken and preserve the right of each party to present evidence relevant to the issues, cross-examine opposing witnesses, impeach any witness and rebut the evidence presented. The special deputy will restrict the inquiry of each witness to the scope of the proceedings.

(c) Hearsay evidence, whether received in evidence over objection or not, may be used to supplement or explain other evidence, but will not be sufficient in itself to support a finding unless the evidence falls within an exception to the hearsay rule as found in Chapter 90, F.S.

(d) The rules of privilege apply to the same extent as in civil actions under Florida law.

(e) Any party wishing to proffer documents at a telephone hearing must deliver a copy of each document to the special deputy and all parties and addresses shown on the Notice of Hearing, in sufficient time for receipt prior to the telephone hearing. Only documents received by the parties will be considered, unless the right to view the documents is waived.

(16) Recordation. The proceedings will be recorded by the special deputy. The recording of the testimony will be placed in the official record and preserved at least 180 days from the date of the Final Order.

(17) Non-Appearance of Petitioner. The failure of the Petitioner to appear at the hearing or to comply with any lawful order will be cause for dismissing the appeal.

(18) Request to Re-Open Proceedings. Upon written request of the Petitioner or upon the special deputy’s own motion, the special deputy will for good cause rescind a Recommended Order to dismiss the case and reopen the proceedings. Upon written request of the Respondent or Joined Party, or upon the special deputy’s own motion, the special deputy may for good cause rescind a Recommended Order and reopen the proceedings if the party did not appear at the most recently scheduled hearing and the special deputy entered a recommendation adverse to the party. The special deputy will have the authority to reopen an appeal under this rule provided that the request is filed or motion entered within the time limit permitted to file exceptions to the Recommended Order. A threshold issue to be decided at any hearing held to consider allowing the entry of evidence on the merits of a case will be whether good cause exists for a party’s failure to attend the previous hearing. If good cause is found, the special deputy will proceed on the merits of the case. If good cause is not found, the Recommended Order will be reinstated.

(19) Post Hearing Submissions. Any party initiating correspondence pursuant to paragraphs (a) through (e) of this subsection, must send a copy of the correspondence to each of the parties whose address is shown on the notice of hearing or was added at the hearing, and indicate that copies were sent.

(a) The parties will have 15 days from the date of the close of testimony to submit written proposed findings of fact and conclusions of law with supporting reasons. If mailed, the postmark date will be considered the date of submission. However, no additional evidence will be accepted after the hearing has been closed.

(b) The special deputy will prepare and transmit a Recommended Order including findings of fact and conclusions of law together with the record of the proceedings and the parties’ proposed findings of fact and conclusions of law to the Director or the Director’s designee for decision. A copy of the Recommended Order will be mailed to all parties of record.

(c) Any party aggrieved by the Recommended Order may file written exceptions to the Director or the Director’s designee within 15 days of the mailing date of the Recommended Order.

(d) Any opposing party may file counter exceptions within 10 days of the mailing of the original exceptions.

(e) A brief in opposition to the counter exceptions may be filed within 10 days of the mailing of the counter exceptions.

(20) Extensions of Time. Upon application, an extension of time may be granted for submitting proposed findings of fact and conclusions of law, and for submitting exceptions, counter-exceptions, and briefs. Unless verbally approved on the record during the hearing, a written application for extension of time, including the reason for the request and the amount of time requested, must be received by the special deputy prior to the expiration of the original deadline.

(21) Director’s Order. The Director or the Director’s designee will make a decision and issue a written order in the matter and serve a copy of the order to the parties by certified mail.

(22) Finality. Orders of the Director or the Director’s designee will become final when the time has expired for seeking judicial review, provided such review has not been invoked in accordance with Section 120.68, F.S.

History

• Rulemaking Authority 443.1317 FS. Law Implemented 443.131(3), 443.141(2), (3), 443.151, 443.163, 433.171(1), (6), (7) FS. History–New 8-25-92, Formerly 38B-2.035, Amended 1-19-03, 7-18-06, Formerly 60BB-2.035, Amended 6-2-14, 2-2-15, 10-16-17.

Fla. Admin. Code R. 73B-10.036 Reemployment Tax for Indian Tribes

(1) Each liable Tribe or tribal unit that elects to make reimbursements in lieu of contributions must submit a completed Form RT-28T Indian Tribe Election of Payment Method Under the Florida Reemployment Tax Law, in accordance with Sections 443.1312 and 443.1315, F.S. The Tribe or tribal unit must also submit a surety bond on Form RT-40, Indian Tribe Reemployment Tax Surety Bond. The surety bond must be issued by a bonding company or insurance company authorized by the Department of Insurance to do business in this state. If the bond is signed by an out-of-state agent it must be countersigned by a Florida resident agent. The surety bond must be submitted on Form RT-40 within 90 days of the effective date of an Indian tribe or tribal unit’s election to make reimbursements in lieu of contributions. The bond must be effective as of January 1 of that calendar year. DOR will not grant final approval of the election application until the bond is timely received and approved. The bond is to be conditioned upon the Indian tribe or tribal unit’s timely compliance with the payment provisions of Section 443.1315, F.S. Forms RT-28T and RT-40 are incorporated by reference in Rule 73B-10.037, F.A.C.

(2) The bond will be duly executed by the principal and the surety. The amount of the bond will be calculated by determining the average amount of benefits charged to the applicant per quarter during the previous calendar year and multiplying that average by two. If there is insufficient employer history to determine the average, the amount of the bond will be thirty percent of the number of the applicant’s employees, multiplied by three thousand dollars. DOR may review the bond annually to determine if there is a need to adjust the face amount. If DOR determines that the bond amount needs to be increased it will advise the Indian tribe or tribal unit which will have 90 days from the date of notification to increase the amount of the bond. DOR may seek recovery from the surety on the bond at any time subsequent to the failure of the Indian tribe or tribal unit to pay any bill within 30 days of the mailing date of the bill pursuant to Section 443.1313, F.S.

(3) The bond will be effective until it is canceled. The surety company must give DOR at least 90 days written notice if it intends to cancel the surety bond. The cancellation will not be effective until 90 days after DOR receives written notice of the cancellation. Any cancellation of the bond will not affect any liability incurred or accrued prior to the effective date of the cancellation. Failure of the Indian tribe or tribal unit to have in effect a surety bond in the amount determined necessary by DOR will cause the Indian tribe or tribal unit to lose the option to make reimbursements in lieu of contributions effective the following calendar year.

History

• Rulemaking Authority 443.1315(7), 443.1317 FS. Law Implemented 443.1315 FS. History–New 7-29-03, Amended 7-18-06, Formerly 60BB-2.036, Amended 6-2-14.

Fla. Admin. Code R. 73B-10.037 Public Use Forms

(1) The following forms and instructions are employed by DOR in its dealings with the public related to Chapter 443, F.S. These forms are hereby incorporated by reference in this rule.

(2) Copies of these forms are available, without cost, by one or more of the following methods: 1) downloading the form from the DOR’s Internet site at floridarevenue.com; or, 2) calling DOR at (850)488-6800, Monday through Friday, excluding holidays; or, 3) visiting any local Department of Revenue Service Center; or, 4) writing the Florida Department of Revenue, Taxpayer Services, 5050 West Tennessee Street, Tallahassee, Florida 32399-0112. Persons with hearing or speech impairments may call the Florida Relay Service at 1(800)955-8770 (Voice) and 1(800)955-8771 (TTY).

Form Number

Title

Effective Date

(3)(a): RT-6

Employer’s Quarterly Report (R. 01/15)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-04755)

11/25/14

(b): RT-6A

Employer’s Quarterly Report Continuation Sheet (R. 01/15)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-04755)

11/25/14

(c): RT-6EW

Employer’s Quarterly Report for Employees Contracted to Governmental or Nonprofit Educational Institutions (R. 07/16)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-07137)

7/25/16

(d): RT-6N

Employer’s Quarterly Report Instructions (R. 06/21)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-13269)

07/21

(e): RT-6NF

Employer’s Quarterly Report for Out-of-State Taxable Wages (R. 06/21)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-13270)

07/21

(4)(a): RT-7

Employer’s Reemployment Tax Annual Report for Employers of Domestic Employees Only (R. 10/17)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-08722)

10/17

(b): RT-7A

Application for Annual Filing for Employers of Domestic Employees (R. 01/13)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-03951)

11/25/14

(5): RT-8A

Correction to Employer’s Quarterly or Annual Domestic Report (R. 06/21)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-13271)

07/21

(6): RT-19

Reemployment Tax Data Release Agreement (R. 04/14)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-04755)

11/25/14

(6)(a): RT-28

Election of Nonprofit Organization Method of Payment Under the Florida Reemployment Tax Law (R. 12/15)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-06224)

12/15

(b): RT-28G

Election of Public Employer Method of Payment Under the Florida Reemployment Tax Law (R. 12/15)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-06224)

12/15

(c): RT-28T

Indian Tribe Election of Payment Method Under the Florida Reemployment Tax Law (R. 12/15)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-06224)

12/15

(7): RT-40

Indian Tribe Reemployment Tax Surety Bond (R. 01/13)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-03952)

11/25/14

(8): RT-89

Reemployment Tax Instructions for Excess Wage Computation (R. 06/21)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-13272)

07/21

(9): RTS-1C

Information for Nonprofit Organizations (R. 10/17)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-08722)

10/17

(10)(a): RTS-1S

Report to Determine Succession and Application for Transfer of Experience Rating Records (R. 6/21)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-13273)

07/21

(b): RTS-1SA

List of Employees to be Transferred (R. 12/15)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-06224)

12/15

(11): RTS-2

Voluntary Election to Become an Employer Under the Florida Reemployment Tax Law (R. 01/13)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-03952)

11/25/14

(12): RTS-3

Employer Account Change Form (R. 6/21)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-13274)

07/21

(13): RTS-5

Application to Terminate Reemployment Tax Account (R. 01/13)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-03952)

11/25/14

(14)(a): RTS-6

Employer’s Reciprocal Coverage Election (R. 01/13)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-03953)

11/25/14

(b): RTS-6A

Employer’s Reciprocal Coverage Election Supplemental Attachment (R. 01/13)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-03953)

11/25/14

(c): RTS-6B

Employee Notice for Reemployment Tax Coverage (Employer’s Reciprocal Coverage Election) (R. 01/13)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-03953)

11/25/14

(d): RTS-6C

Employee’s Consent Form Reciprocal Coverage Election (R. 01/13)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-03953)

11/25/14

(15): RTS-8

Firm’s Statement of Claimant’s Work and Earnings (R. 01/13)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-03953)

11/25/14

(16): RTS-9

Reemployment Tax Application for Agent Registration (R. 01/13)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-03953)

11/25/14

(17): RTS-10

Reemployment Tax Agent/Client Change Form (R. 01/13)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-03953)

11/25/14

(18): RTS-70

Application for Common Paymaster (R. 06/21)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-13275)

07/21

(19): RTS-71

Quarterly Concurrent Employment Report (R. 06/21)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-13276)

07/21

(20): RTS-72

Affidavit of Concurrent Employment (R. 06/21)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-13277)

07/21

(21): RTS-6061

Independent Contractor Analysis (R. 07/16)

(http://www.flrules.org/Gateway/reference.asp?No=Ref-07137)

7/25/16

(3) This rule is subject to sunset in accordance with the Governor’s November 11, 2019 directive. Within five years after the effective date, DEO shall review this rule and determine whether this rule is still necessary. If this rule is determined to no longer be necessary, then DEO will repeal the rule.

History

• Rulemaking Authority 443.1317 FS. Law Implemented 443.131, 443.141, 443.171(5) FS. History–New 1-19-03, Amended 7-8-04, 7-18-06, 12-27-06, Formerly 60BB-2.037, Amended 6-2-14, 11-25-14, 12-27-15, 7-25-16, 10-16-17, 2-24-21, 7-7-21.

Chapter 73B-11 UNEMPLOYMENT CLAIMS AND BENEFITS; FLORIDA UNEMPLOYMENT COMPENSATION CLAIMS AND BENEFITS

Fla. Admin. Code R. 73B-11.011 Definitions

In addition to the following definitions, the definitions contained in Rule 73B-10.022, 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 443.111(1)(b), F.S.

(3) Continued claim: A certification for a week of unemployment made pursuant to Section 443.111, 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 Department of Economic Opportunity, 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 Department 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 www.floridajobs.org/ unemployment), the date the confirmation number is generated is considered the date of filing. The date that the automated application and an interview with a Department 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 443.1116, F.S. A day will be counted in only one flexible week.

(8) Gross earnings: “Earned income” as defined in Section 443.036(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.

(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 Department 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.

History

• Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.036, 443.091, 443.1116, 443.151(2), (3) FS. History–New 8-25-92, Amended 12-23-98, Formerly 38B-3.011, Amended 8-14-08, Formerly 60BB-3.011.

Fla. Admin. Code R. 73B-11.012 Maintaining an Address of Record

It is the responsibility of each claimant to maintain a current address of record with the Department of Economic Opportunity throughout the benefit year. It is the responsibility of each employer to maintain a current address of record with the Department of Revenue at all times.

History

• Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.151 FS. History–New 8-14-08, Formerly 60BB-3.012.

Fla. Admin. Code R. 73B-11.013 Filing Claims and Providing Documentation

(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.

History

• Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.036, 443.091, 443.101, 443.1116 FS. History–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.

Fla. Admin. Code R. 73B-11.015 Continued Claims for Benefits

(1) Method of Filing Continued Claims.

(a) After filing an initial, additional, initial interstate, or reopened claim, a claimant will be instructed and required to report their continued claim bi-weekly for the duration of the unemployment by using the Florida 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 incorporated by reference in Rule 73B-11.013, F.A.C.

(b) 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 continued claim may be filed by contacting the Department of Economic Opportunity toll-free at 1(800)204-2418.

(c) For the purposes of this rule, a claimant needs special assistance or accommodation when she or he:

1. Is legally prohibited from using a computer;

2. Has an impairment which makes her or him unable to use a computer; or

3. Is unable to read or write effectively in a language in which the Online Reemployment Assistance System makes available.

(d) When a declared disaster or emergency makes the Florida Online Reemployment Assistance System unavailable the Department of Economic Opportunity may make the following form available for filing a continued claim: Weekly Claim Certification, Form DEO RAB-60, http://www.flrules.org/Gateway/reference.asp?No=Ref-05572; effective date: October 25, 2015, which is hereby adopted and incorporated by reference. This form can be obtained at www.FloridaJobs.org.

(e) When the above-noted form is being used, a claimant may submit the completed form as follows:

1. Mailing it to the Department of Economic Opportunity, Reemployment Compensation Records Unit, P.O. Drawer 5750, Tallahassee, Florida 32314-5750; or

2. Delivering it in person to the Department at the Caldwell Building, 107 East Madison Street, Tallahassee, Florida 32399.

(2) Work Registration. Unless exempted under Section 443.091(1)(b), F.S., or when special assistance or accommodation as defined above is required, a claimant must file a complete work registration on the Employ Florida Marketplace website, which will require responses to questions as incorporated by reference in Rule 73B-11.013, F.A.C. and which may be accomplished by logging onto http://www.employflorida.com.

(a) To complete the work registration, the claimant must:

1. Provide a valid email address assigned to him or her;

2. Complete the Background Wizard; and,

3. Create an Online Resume.

(b) The Background Wizard and Online Resume application requires the claimant to provide the following types of information:

1. Education History;

2. Occupational license or certification;

3. Skills and abilities;

4. Valid form of identification;

5. Employment history; and,

6. References.

(c) Valid forms of identification include the claimant’s valid social security number and one other approved form of secondary identification including:

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.

(3) Time Limit for Filing Continued Claims.

(a) Scheduled Reports. Continued claims for benefits must be filed within 7 calendar days following the scheduled report date as shown on the Online Reemployment Assistance System Confirmation Page, or otherwise communicated to the claimant by the Department. The Department will stop providing this notice 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 7 days after the scheduled report date shown on the Online Reemployment Assistance System Confirmation Page, or communicated to the claimant by a Department representative, the claim will be re-opened effective the 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 Department to resubmit a continued claim for completion or correction, the scheduled report date will be extended to 7 days from the date the Department notifies the claimant that the claim was incomplete or incorrect.

(d) Early Reports. The Department 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 Department may make a request in writing or by e-mail 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.

History

• Rulemaking Authority 443.091(1)(a), (c), 443.1317(1)(b), 443.151(2)(a)-(b) FS. Law Implemented 443.091(1), 443.111(1), 443.151(2) FS. History–New 8-25-92, Amended 4-1-96, Formerly 38B-3.015, Amended 8-14-08, 11-27-11, Formerly 60BB-3.015, Amended 2-13-13, 9-15-14, 10-25-15.

Fla. Admin. Code R. 73B-11.0151 Employer Responses to Claims Notices and Requests for Information

(1) Notice to Employers.

(a) Monetary Determinations. The Department will provide notice of any monetary determination to each claimant’s most recent employing unit and each employer in the claimant’s base period of each claim for benefits filed, pursuant to Section 443.151(3)(a), F.S., and Rule 73B-11.016, F.A.C. Unless exempted, employer responses must be submitted using Florida’s Online Reemployment Assistance System at www.FloridaJobs.org, through which employer will be linked to the Unemployment Insurance State Information Data Exchange System (UI SIDES) as well as the Unemployment Insurance State Information Data Exchange System Electronic Response (SIDES E-Response). Depending on the type of claim being submitted, Florida’s Online Reemployment Assistance System will require responses to questions as incorporated by reference in Rule 73B-11.013, F.A.C.

(b) Nonmonetary Determinations. The Department will provide notice of any nonmonetary determination to each employing unit entitled to such notice pursuant to Section 443.151(3), F.S., and Rule 73B-11.017, F.A.C. Unless exempted, employer responses must be submitted using Florida’s Online Reemployment Assistance System at www.FloridaJobs.org, through which employer will be linked to the Unemployment Insurance State Information Data Exchange System (UI SIDES) as well as the Unemployment Insurance State Information Data Exchange System Electronic Response (SIDES E-Response).

(c) Requests for Information. When additional information is necessary from the employer regarding wage history, separation information, or employment history, the Department will notify the employer of this need. Unless exempted, employer responses must be submitted using Florida’s Online Reemployment Assistance System at www.FloridaJobs.org, through which employer will be linked to the Unemployment Insurance State Information Data Exchange System (UI SIDES) as well as the Unemployment Insurance State Information Data Exchange System Electronic Response (SIDES E-Response). If a timely response is not received, a determination may be based on other evidence, including but not limited to information provided by the claimant.

(2) Exemptions.

(a) When an employer needs special assistance or accommodation, a response may be filed by contacting the Department of Economic Opportunity Employer Contact Center toll-free at 1(877)846-8770.

(b) For the purposes of this rule, an employer needs special assistance or accommodation when such employer:

1. Is legally prohibited from using a computer;

2. Has an impairment which makes such employer unable to use a computer; or

3. Is unable to read or write effectively in a language in which the Online Reemployment Assistance System makes available.

(c) An employer without an employer account number issued by the Florida Department of Revenue may respond to notices by mailing a response to Reemployment Assistance Program, P.O. Box 5850, Tallahassee, FL 32314-5850.

(3) When a declared disaster or emergency, or system unavailability, makes the Florida Online Reemployment Assistance System unavailable employer responses may be submitted as follows:

(a) Directly to the Unemployment Insurance State Information Data Exchange System (UI SIDES) at https://uisides.org.

(b) Directly to the Unemployment Insurance State Information Data Exchange Electronic Response (SIDES E-Response) at https://uisides.org.

(c) Through the Florida Online Reemployment Assistance System within 7 days of the system becoming available or by contacting the Department of Economic Opportunity toll-free at 1(800)204-2418.

History

• Rulemaking Authority 443.1317(1)(b), 443.151(3) FS. Law Implemented 443.036, 443.091, 443.101, 443.1113(2)(a), 443.151(2), (3) FS. History–New 10-25-15.

Fla. Admin. Code R. 73B-11.0155 Payment of Benefits

(1) Benefits To Be Paid Electronically. The Department will pay benefits by means of a Department issued debit card or by electronic funds transfer (EFT). Except as provided by subsection (2), benefits will be paid only by debit card or EFT.

(2) The Department will not pay benefits by paper warrant except when:

(a) Circumstances exist which make payment by debit card or EFT impractical or illegal; or

(b) The claimant received payment by paper warrant for the week ending July 2, 2011, in which case, he or she may continue to receive payment in that manner until the expiration of the claim.

(3) At the time of application, the claimant will make an election to receive payment by debit card or EFT. If requested by the claimant, the Department will change the method of payment from EFT to debit card or from debit card to EFT.

History

• Rulemaking Authority 443.111(1)(a), 443.1317(1)(b) FS. Law Implemented 443.111(1)(a) FS. History–New 12-4-11, Formerly 60BB-3.0155.

Fla. Admin. Code R. 73B-11.016 Monetary Determinations

(1) Computation of Wages.

(a) All employment in the base period reported by an employer or determined by the Department 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. The Department will 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 443.151(3)(a), F.S., and Rule 73B-11.0151, F.A.C.

(3) Notices to Claimants. The Department will issue a determination of monetary eligibility to each claimant, which will serve as notice to the claimant pursuant to Section 443.151(3)(a), F.S.

History

• Rulemaking Authority 443.1317(1)(b), 443.151(3)(a)-(b) FS. Law Implemented 443.036, 443.091, 443.101, 443.151(3) FS. History–New 8-25-92, Formerly 38B-3.016, Amended 8-14-08, Formerly 60BB-3.016, Amended 10-25-15.

Fla. Admin. Code R. 73B-11.017 Nonmonetary Determinations

(1) Investigation of Issues. The Department will investigate all issues that may affect a claimant’s benefits. The Department 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 e-mail. 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 73B-11.018, 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.

(a) Claimants. A claimant is entitled to notice of any determination affecting his or her benefits.

(b) Employers. Pursuant to Section 443.151(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;

4. By or on behalf of which such remuneration was paid, when wages in lieu of notice, severance pay, 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.

History

• Rulemaking Authority 443.1317(1)(b), 443.151(3)(c) FS. Law Implemented 443.091, 443.101, 443.151(3) FS. History–New 8-25-92, Formerly 38B-3.017, Amended 8-14-08, Formerly 60BB-3.017, Amended 10-25-15.

Fla. Admin. Code R. 73B-11.018 Determinations Regarding Charges to Employer Accounts in Connection with Claims for Benefits

(1) Employer Responsibilities. Except as otherwise specified in Sections 443.131(3)(a) and 443.101(9)(b), F.S., the Department 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 Department initiated the telephone request as part of an investigation pursuant to subsection 73B-11.017(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.

History

• Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.131(3) FS. History–New 8-25-92, Formerly 38B-3.018, Amended 8-14-08, Formerly 60BB-3.018.

Fla. Admin. Code R. 73B-11.019 Determinations Regarding Suitable Work

In addition to the standards listed in Section 443.101(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.

History

• Rulemaking Authority 443.131(3)(a)3., 443.1317(1)(b) FS. Law Implemented 443.091(1), 443.101(2) FS. History–New 8-25-92, Formerly 38B-3.019, Amended 8-14-08, Formerly 60BB-3.019.

Fla. Admin. Code R. 73B-11.0191 Determinations Regarding Suitable Work Requiring Compliance with a COVID-19 Vaccination Mandate

In addition to the standards listed in Section 443.101(2), F.S., the following criteria will apply. Work will not be considered suitable if the work is for:

(1) An educational institution, as that term is defined in Section 112.0441(1)(b), F.S., or a governmental entity, as that term is defined in Section 112.0441(1)(c), F.S., and the educational institution or governmental entity imposes a COVID-19 vaccination mandate as a condition of employment; or

(2) A private employer that imposes a COVID-19 vaccination mandate as a condition of employment, and the private employer does not offer the exemptions listed in Section 381.00317(1), F.S.

History

• Rulemaking Authority 112.0441(4), 381.00317(6) FS. Law Implemented 112.0441(3), 381.00317(5) FS. History‒New 5-18-22.

Fla. Admin. Code R. 73B-11.020 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 443.036(29), F.S., that is not addressed in subsections (1) and (2) of this rule. Examples of general misconduct are:

(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.

History

• Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.036(29), 443.101(1)(b), (9) FS. History–New 8-25-92, Formerly 38B-3.020, Amended 8-14-08, Formerly 60BB-3.020.

Fla. Admin. Code R. 73B-11.0201 Determinations Regarding Discharge for Noncompliance with a COVID-19 Vaccination Mandate

(1) A claimant will not be disqualified from receiving Reemployment Assistance benefits if the claimant is discharged from a private employer for the claimant’s refusal to comply with the private employer’s COVID-19 vaccination mandate and the private employer did not offer and properly apply the exemption requirements listed in Section 381.00317(1), F.S.

(2) Private Employer Responsibilities. The private employer has the burden to prove that the private employer offered and properly applied the COVID-19 vaccination mandate exemptions listed in Section 381.00317(1), F.S. If the Attorney General imposed a fine against the private employer for failing to comply with Section 381.00317, F.S. the private employer cannot meet its burden with respect to any claimant that was denied an exemption as a result of such failure.

(3) Claimant Responsibilities. If a claimant has been discharged from employment with a private employer due to the claimant’s noncompliance with his or her private employer’s COVID-19 vaccination mandate and the private employer provides information to the Department of Economic Opportunity that shows the private employer offered and properly applied the COVID-19 vaccination mandate exemptions listed in Section 381.00317(1), F.S., the claimant must provide a copy of the document that was submitted to his or her private employer specifying that the claimant qualified for an exemption under Section 381.00317(1), F.S. This documentation will be submitted by the claimant to the Department of Economic Opportunity during the fact-finding process, which is initiated by the Department of Economic Opportunity. If the claimant cannot provide a copy of this document, he or she must provide a signed document attesting to the fact that he or she did submit a request to opt out of the private employer’s COVID-19 vaccination mandate and was eligible for a qualified exemption pursuant to Section 381.00317(1), F.S.

(4) A claimant will not be disqualified from receiving Reemployment Assistance benefits if the claimant is discharged from an educational institution, as that term is defined in Section 112.0441(1)(b), F.S., or a governmental entity, as that term is defined in Section 112.0441(c), F.S., for the claimant’s refusal to comply with a COVID-19 vaccination mandate imposed by the educational institution or governmental entity.

(5) The educational institution or governmental entity has the burden to prove that the claimant was not discharged for the claimant’s refusal to comply with a COVID-19 vaccination mandate imposed by the educational institution or governmental entity.

History

• Rulemaking Authority 112.0441(4), 381.00317(6) FS. Law Implemented 112.0441(3), 381.00317(5) FS. History‒New 5-18-22.

Fla. Admin. Code R. 73B-11.021 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 Department as provided in Section 443.091(1)(c)2., F.S., and Rule 73B-11.022, F.A.C., the claimant is exempt from the requirements set forth in subsections (2)-(5) of this rule.

History

• Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.091, 443.101 FS. History–New 8-25-92, Formerly 38B-3.021, Amended 8-14-08, Formerly 60BB-3.021.

Fla. Admin. Code R. 73B-11.022 Determinations Regarding Approved Training

Pursuant to Section 443.091(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 Department 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:

(a) Furnish attendance reports from the training instructor or facility when requested by the Department; and,

(b) Attend the scheduled training sessions(s). Continued unsatisfactory attendance may result in a withdrawal of the Department’s approval of the training.

History

• Rulemaking Authority 443.1371(1)(b) FS. Law Implemented 443.091(1) FS. History–New 8-25-92, Formerly 38B-3.022, Amended 8-14-08, Formerly 60BB-3.022.

Fla. Admin. Code R. 73B-11.023 Offset of Tax Refund Payments to Collect Reemployment Assistance Debts Owed to the Florida Unemployment Trust Fund Pursuant to 31 C.F.R. 285.8

(1) Definitions. For purposes of this section:

(a) Debt means past-due, legally enforceable reemployment assistance debt.

(b) Department means the Department of Economic Opportunity, the state agency charged with administering the Florida reemployment assistance program.

(c) Individual means a person who owes a debt.

(d) FMS means the Financial Management Service, a bureau of the Department of the Treasury.

(e) IRS means the Internal Revenue Service, a bureau of the Department of the Treasury.

(f) Tax refund offset means withholding or reducing a tax refund overpayment by an amount necessary to satisfy a debt owed by the payee(s) pursuant to 26 U.S.C. 6402(a).

(g) Tax refund payment means any overpayment of Federal taxes to be refunded to the person making the overpayment after the IRS makes the appropriate credits as provided in 26 U.S.C. 6402(a) and 26 CFR 6402-3(a)(6)(i) for any liabilities for any Federal tax on the part of the person who made the overpayment.

(h) Reemployment assistance debt has the same meaning as the term “covered unemployment debt” as defined in 26 U.S.C. 6402(f)(4), and means:

1. A past-due debt for erroneous payment of reemployment assistance due to fraud or the person’s failure to report earnings which has become final under the law of a State certified by the Secretary of Labor pursuant to 26 U.S.C. 3304 and which remains uncollected;

2. Any penalties and interest assessed on such debt.

(2) Advance notification to the individual of the department’s intent to collect by Federal tax refund offset.

(a) The department is required to provide a written notification to the individual by U.S. mail, to his or her last known address, informing the individual that the department intends to refer the debt for collection by tax refund offset. The notice must give the individual 60 days to present evidence, in accordance with procedures established by Sections 120.569 and 120.57(1), F.S., that all or part of the reemployment assistance debt is not past due, not legally enforceable, or is not due to fraud or the individual’s failure to report earnings.

(b) In accordance with procedures set forth in Sections 120.569 and 120.57(1), F.S., the department will consider any competent, legally admissible evidence presented by an individual in response to the notice described in paragraph (2)(a) of this section, and determine whether an amount of such reemployment assistance debt is not past due, not legally enforceable, or is not due to fraud or the individual’s failure to report earnings.

(3) Upon satisfying the requirements of paragraph (2), the department will certify reemployment assistance debts for tax refund offset with FMS in accordance with the procedures set forth in 31 C.F.R. 285.8.

History

• Rulemaking Authority 443.1317(1)(b), 443.171(9) FS. Law Implemented 443.171(9), 443.221(3) FS. History–New 3-18-13.

Fla. Admin. Code R. 73B-11.024 Short-Time Compensation Plan Application

(1) Employers who wish to participate in the Short-Time Compensation program, pursuant to Section 443.1116, F.S., must apply 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 incorporated by reference in Rule 73B-11.013, F.A.C.

(2) When a declared disaster or emergency makes the Florida Online Reemployment Assistance System unavailable, internet application impractical, or when an employer needs special assistance or accommodation, employers who wish to participate in the Short-Time Compensation program may do so by contacting the Department of Economic Opportunity toll-free at 1(800)204-2418.

(3) For the purposes of this rule, an employer 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 available the Short-Time Compensation Plan Application, Form DEO RAB/STC-3, http://www.flrules.org/Gateway/reference.asp?No=Ref-05571; effective date: October 25, 2015, which is hereby adopted and incorporated by reference, and which is available on the Department’s website at www.FloridaJobs.org.

(5) When the above-noted form is being used, an employer may submit it as follows:

(a) By contacting the Department toll-free at 1(800)204-2418.

(b) Mailing it to the Department of Economic Opportunity, Reemployment Assistance Records Unit, P.O. Drawer 5750, Tallahassee, Florida 32314-5750; or

(c) Delivering it in person to the Department at the Caldwell Building, 107 East Madison Street, Tallahassee, Florida 32399.

History

• Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.1116 FS. History–New 8-14-08, Formerly 60BB-3.024, Amended 10-25-15.

Fla. Admin. Code R. 73B-11.0251 Definitions Relating to Emergency Unemployment Compensation

History

• Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.036, 443.221(3) FS. History–New 8-11-10, Amended 12-19-10, Formerly 60BB-3.0251, Repealed 5-3-15.

Fla. Admin. Code R. 73B-11.0252 Eligibility for Emergency Unemployment Compensation

History

• Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.091, 443.111, 443.151(6), 443.221(3) FS. History–New 8-11-10, Amended 12-19-10, Formerly 60BB-3.0252, Repealed 5-3-15.

Fla. Admin. Code R. 73B-11.0253 Emergency Unemployment Compensation Individual Accounts

History

• Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.111, 443.191, 443.221(3) FS. History–New 8-11-10, Amended 12-19-10, Formerly 60BB-3.0253, Repealed 5-3-15.

Fla. Admin. Code R. 73B-11.0254 How to Apply for Emergency Unemployment Compensation

History

• Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.091, 443.101, 443.111, 443.151, 443.221(3) FS. History–New 8-11-10, Amended 12-19-10, 11-27-11, Formerly 60BB-3.0254, Repealed 5-3-15.

Fla. Admin. Code R. 73B-11.0261 Definitions Relating to Extended Benefits

History

• Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.036, 443.1115, 443.1117 FS. History–New 11-28-10, Formerly 60BB-3.0261, Repealed 5-3-15.

Fla. Admin. Code R. 73B-11.0262 How to Apply for Extended Benefits

History

• Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.091, 443.1115, 443.1117 FS. History–New 11-28-10, Amended 11-27-11, Formerly 60BB-3.0262, Repealed 5-3-15.

Fla. Admin. Code R. 73B-11.0263 Diligent Work Search Requirements

History

• Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.091, 443.1115, 443.1117 FS. History–New 11-28-10, Amended 11-27-11, Formerly 60BB-3.0263, Repealed 5-3-15.

Fla. Admin. Code R. 73B-11.028 Reemployment Services

(1) One Stop Career Center Services. Reemployment services provided by One Stop Career Centers include:

(a) Priority Reemployment Planning (PREP) for claimants who, without such assistance, are likely to exhaust unemployment compensation benefits prior to becoming reemployed, and,

(b) Job-Ready Reemployment Services for claimants who do not voluntarily attend reemployment assistance services or remain unemployed in excess of six weeks.

(2) Reemployment Services. One-Stop Career Centers operated by local regional workforce boards shall provide reemployment services, which may include needs assessment, an orientation interview, job search assistance, job referral, labor market information, employability skills enhancement, vocational training, employment counseling and testing, and other related services. Participation in reemployment services may be waived for claimants who are attached to regular jobs, including claimants who are:

(a) Temporarily unemployed due to lack of work and have a fixed or approximate return-to-work date within six weeks; or

(b) Union members who traditionally obtain employment through a union hiring hall. To qualify for this waiver, the claimant must provide the union hiring hall local number.

(3) Eligibility Review. Pursuant to Section 443.091(1), F.S., claimants must report as directed for periodic review of eligibility and participate in reemployment services as directed by the Department. Such report shall include information regarding continuing eligibility for unemployment compensation benefits.

(4) Selection and Scheduling. Claimants shall be randomly selected from a pool of claims identified by results of a characteristics screening or length of unemployment. Notice shall be mailed to all claimants who are selected for participation.

(5) Characteristics Screening. Pursuant to Section 443.091(1)(d), F.S., the following characteristics will be used to identify claimants who are likely to exhaust regular benefits and be in need of reemployment services. Identified claimants:

(a) Received a first benefit payment within 42 days of the beginning of the benefit year;

(b) Are intrastate claimants;

(c) Are not on recall status to return to a specific job within six weeks;

(d) Are not seasonally unemployed;

(e) Are not partially employed; and,

(f) Are not union members seeking work through a hiring hall.

(6) Penalty for Failure to Report for or Participate in Services. A claimant who fails, without good cause, to report for or participate in eligibility review or reemployment services as directed by the Department or its designee will be ineligible to receive benefits for the week(s) in which such failure occurred. Good cause for such failure will include only compelling reasons, such as:

(a) Personal illness;

(b) Illness of a family member requiring care by the claimant;

(c) A job interview at a time that conflicts with the service appointment time; and,

(d) Other similar situations that would cause a reasonable person to miss a scheduled appointment for reemployment services.

History

• Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.091 FS. History–New 2-28-96, Formerly 38B-3.028, Amended 8-14-08, Formerly 60BB-3.028.

Fla. Admin. Code R. 73B-11.029 Public Use Forms

History

• Rulemaking Authority 443.1317(1)(b) FS. Law Implemented 443.171(5), 443.1715(1), (2)(b)1. FS. History–New 6-4-06, Amended 8-14-08, 11-27-11, Formerly 60BB-3.029, Repealed 10-25-15.

Fla. Admin. Code R. 73B-11.030 Benefit Records Unit Records Request

(1) Any request for records made pursuant to Section 443.1715, F.S., by a claimant, or an employer, employer’s workers’ compensation carrier, or a representative of either, shall be submitted to the Department using the Certified Authorization for Release of Records Form, Form DEO CARR-1, http://www.flrules.org/Gateway/reference.asp?No=Ref-06166; effective date: December, 2015, which is hereby adopted and incorporated by reference.

(2) Form DEO CARR-1 shall be used when making any request for confidential Reemployment Assistance Benefit Records provided within the administration of the Reemployment Assistance Program.

(3) The Department shall provide an invoice for any requested documents, the balance of which must be paid prior to the release of any requested documents.

(4) A party to a Reemployment Assistance proceeding that requests records in connection with such proceeding shall not be charged a fee for records requested under this rule.

(5) The following fee schedule shall apply:

(a) 1 – 25 pages will be charged $0.15 per page.

(b) 26 – 50 pages will be charged $0.15 per page, including a 1 hour service charge of $13.00 per hour.

(c) 51 – 75 pages will be charged $0.15 per page, including a 1.5 hour service charge of $13.00 per hour.

(d) 76 – 100 pages will be charged $0.15 per page, including a 2 hour service charge of $13.00 per hour.

(e) 101 pages or more will be charged $0.15 per page, including a 2.5 hour service charge of $13.00 per hour.

(6) Form DEO CARR-1 may be obtained by:

(a) Writing to the Department of Economic Opportunity, Customer Information Requests, P.O. Drawer 5750, Tallahassee, FL 32399-5750.

(b) Faxing a request to the CIR/BRU at (877)934-1504 or (844)863-6958.

(c) Emailing a request to customerinformationrequest@deo.myflorida.com.

(d) Calling the Benefit Record Unit (BRU/CIR) at: Orlando Contact Center mainline: (800)204-2418 or Tallahassee Reemployment Assistance Call Center main line: (800)332-9341.

(e) Going to the following internet sites: www.fluidnow.com or www.floridajobs.org/connect.

History

• Rulemaking Authority: 443.1317(1)(b), 443.1715 FS. Law Implemented: 443.1715(1), (2)(b)1. FS. History–New 5-26-15, Amended 1-7-16.

Chapter 73B-12 LAW ENFORCEMENT RECRUITMENT BONUS PAYMENT PROGRAM

Fla. Admin. Code R. 73B-12.001 Definitions

For the purpose of this rule, the following definitions apply:

(1) “Affidavit of Separation” means the Affidavit of Separation, form CJSTC-61, revised August 12, 2021, effective 6/2022, promulgated by the Commission and that is completed by a Criminal Justice Agency when a Law Enforcement Officer separates from the Employing Agency. The Affidavit of Separation, form CJSTC-61, revised August 12, 2021, effective 6/2022, https://www.flrules.org/Gateway/reference.asp?No=Ref-14937 is adopted and incorporated herein by reference, and is available at the Department’s website, https://www.floridajobs.org/recognition-and-recruitment.

(2) “Certification” means certification for employment or appointment as a Law Enforcement Officer pursuant to Section 943.1395, Florida Statutes (F.S.).

(3) “Criminal Justice Agency” has the same meaning as provided in Section 119.011(4), F.S.

(4) “Department” or “DEO” means the Florida Department of Economic Opportunity.

(5) “FDLE” means the Florida Department of Law Enforcement.

(6) “Full-time Employment” means employment with a Criminal Justice Agency for a minimum of 30 hours per week.

History

• Rulemaking Authority 445.08(8) FS. Law Implemented 445.08 FS. History–New 11-30-22.

Fla. Admin. Code R. 73B-12.002 Eligibility

(1) To receive and retain a one-time recruitment bonus payment, a Newly Employed Officer must:

(a) Obtain Certification for employment or appointment as a Law Enforcement Officer pursuant to Section 943.1395, F.S.;

(b) Gain Full-time Employment as a Law Enforcement Officer with a Florida Criminal Justice Employing Agency;

(c) Sign the Law Enforcement Recruitment Bonus Payment Program Acknowledgement Form, effective 11-2022, https://www.flrules.org/Gateway/reference.asp?No=Ref-14936, which is adopted and incorporated herein by reference, and which is also available at the Department’s website, https://www.floridajobs.org/recognition-and-recruitment, that must be provided to DEO by the Employing Agency certifying that the Newly Employed Officer understands the reimbursement requirements for failure to maintain the eligibility requirements of the Program; and

(d) Maintain continuous Full-time Employment with a Florida Criminal Justice Agency for at least two years from the date on which the Law Enforcement Officer obtained Certification. The required two-year employment period may be satisfied by maintaining employment at one or more Employing Agencies, but such period must not contain any break in service longer than 15 calendar days.

(2) In addition to the eligibility requirements listed in subsection (1) above, the Employing Agency must also certify in the Program portal that the Newly Employed Officer meets the eligibility criteria for receiving a one-time recruitment bonus payment.

History

• Rulemaking Authority 445.08(4), 445.08(8) FS. Law Implemented 445.08 FS. History–New 11-30-22.

Fla. Admin. Code R. 73B-12.003 Annual Plan

The Department will develop an annual plan for the administration of the Program and distribution of bonus payments, as described in Section 445.08(4), F.S. The Department shall follow the annual plan for fiscal year 2022-2023 as submitted to the Governor’s Office of Policy and Budget and the chairs of the House and Senate Appropriations Committees no later than July 16, 2022. For fiscal years 2024 and 2025, DEO shall submit annual plans to the Governor’s Office of Policy and Budget and the chairs of the House and Senate Appropriations Committees no later than October 1st of each year.

History

• Rulemaking Authority 445.08(8) FS. Law Implemented 445.08 FS. History–New 11-30-22.

Fla. Admin. Code R. 73B-12.004 Program Administration

(1) A one-time recruitment bonus payment of up to $5,000 may be made to a Newly Employed Officer, contingent on legislative appropriation. The initial recruitment bonus payment shall be based on the Department’s estimate of Newly Employed Officers for each fiscal year and shall be prorated if necessary.

(2) The Department shall estimate the number of Newly Employed Officers to gain or be appointed to full-time employment for each applicable fiscal year. The Department shall obtain records from FDLE for the five previous years and will make the estimate based on the FDLE figures.

(3) The Department shall publish the annual plans and describe the following procedural steps on its website:

(a) Communication between the Commission, the Department, and Employing Agencies regarding the administration of the Program;

(b) The application and intake process;

(c) The methodology for DEO’s review of applications;

(d) The issuance of recruitment bonus payments; and

(e) Acknowledgement of the eligibility and repayment requirements by Newly Employed Officers.

History

• Rulemaking Authority 445.08(8) FS. Law Implemented 445.08 FS. History–New 11-30-22.

Fla. Admin. Code R. 73B-12.005 Audits

The Department will conduct audits of payments made to Newly Employed Officers to determine whether they remain eligible. These audits shall include a review of copies of Affidavits of Separation of Newly Employed Officers to be provided at least monthly to the Department by the Commission.

History

• Rulemaking Authority 445.08(8) FS. Law Implemented 445.08 FS. History–New 11-30-22.

Fla. Admin. Code R. 73B-12.006 Reimbursements

(1) A recruitment bonus payment made pursuant to the Program must be reimbursed by the Law Enforcement Officer to the Department under either of the following circumstances:

(a) When the Law Enforcement Officer voluntarily separates from employment with an Employing Agency as indicated in the Law Enforcement Officer’s Affidavit of Separation and has a break in service of more than 15 days as indicated in the Law Enforcement Officer’s Global Profile Sheet maintained by FDLE.

(b) When the Law Enforcement Officer’s separation reason is indicated under 7D, 7E, or 7F in the Affidavit of Separation.

(2) The Department will send a determination letter to any Law Enforcement Officer who is required to reimburse a recruitment bonus pursuant to subsection (1) above, to the Law Enforcement Officer’s last-known mailing address. A Law Enforcement Officer who received a recruitment bonus payment is responsible for ensuring the Department has their most current mailing address. Reimbursement of a recruitment bonus must be made to DEO within 12 months of the date on the determination letter unless the Law Enforcement Officer receives approval in writing from the Department for an extension not to exceed six months.

History

• Rulemaking Authority 445.08(8) FS. Law Implemented 445.08 FS. History–New 11-30-22.

Chapter 73B-20 REEMPLOYMENT ASSISTANCE APPEALS COMMISSION; HEARINGS BEFORE APPEALS REFEREES

Fla. Admin. Code R. 73B-20.001 Applicability

History

• Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(a), (b), (d) FS. History–New 5-22-80, Formerly 38E-5.01, 38E-5.001, 60BB-5.001, Amended 10-4-12, Repealed 12-6-16.

Fla. Admin. Code R. 73B-20.0011 Scope and Purpose

These rules are adopted to establish the procedures for hearings before the Office of Appeals on appeals of determinations and redeterminations as provided by the reemployment assistance law, and are intended to maintain substantial compliance with standards and guidance for such hearings as promulgated by the U.S. Department of Labor.

History

• Rulemaking Authority 443.012(11) FS. Law Implemented 443.031, 443.151(4)(a), (b), (d) FS. History–New 8-5-19.

Fla. Admin. Code R. 73B-20.002 Persons Entitled to File Appeals

History

• Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(a), (b), (d) FS. History–New 5-22-80, Formerly 38E-5.02, 38E-5.002, 60BB-5.002, Repealed 12-6-16.

Fla. Admin. Code R. 73B-20.003 Form of Appeal

(1) A written statement that is responsive to and expresses disagreement with an adverse determination or redetermination shall constitute an appeal. A written statement that does not comply with this requirement is subject to dismissal as provided in Rule 73B-20.0221, F.A.C.

(2) The notice of appeal should include the following:

(a) The name, claimant identification number, and the last four digits of the social security account number of each claimant, if any, involved;

(b) The name and tax account number of each employer, if any, involved;

(c) The date, issue identification number, and subject matter of the determination;

(d) A concise statement of the reasons for disagreement with the determination;

(e) A concise statement of the reason the appeal is filed untimely, if applicable; and,

(f) Information related to the hearing, including: whether an interpreter is needed; whether a party will be represented and, if so, the telephone number of the representative; whether a party expects to call any witnesses and, if so, the telephone number(s) of the witness(es); and whether a party intends to use any documents or exhibits.

(3) To assist a party in ensuring all of the information listed in subsection (2) is included, an appeal may be filed online as provided by paragraph 73B-20.004(1)(a), F.A.C., or by completing the Notice of Appeal form A100(E) (English), Office of Appeals Notice of Appeal, Rev. 01/23, http://www.flrules.org/Gateway/reference.asp?No=Ref-15179; A100(S) (Spanish), Oficina de Apelaciones Aviso de Apelación, Rev. 01/23, http://www.flrules.org/Gateway/reference.asp?No=Ref-15180; A100(C) (Creole), Biwo Dapèl Avi Sou Apèl, Rev. 01/23, http://www.flrules.org/Gateway/reference.asp?No=Ref-15181, incorporated herein by reference, available at the Department’s website, http://www.floridajobs.org/RAforms.

(4) Failure to include all of the information listed in subsection (2), will not constitute cause for rejection of the appeal, but may result in delay in processing the appeal and scheduling it for hearing.

History

• Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(d) FS. History–New 5-22-80, Formerly 38E-5.03, Amended 8-20-86, 8-7-01, Formerly 38E-5.003, 60BB-5.003, Amended 10-4-12, 8-5-19, 2-15-23.

Fla. Admin. Code R. 73B-20.004 Method of Filing an Appeal or Request to Reopen

(1) Appeals or requests to reopen made pursuant to subsection 73B-20.017(4) or 73B-20.022(1), F.A.C., may be filed with the Office of Appeals:

(a) Online via the Florida Department of Commerce RECONNECT system at http://www.floridajobs.org/Reemployment-Assistance-Service-Center or the Reemployment Assistance Help Center at https://FloridaJobs.org/RAHelpCenter;

(b) By facsimile (FAX), (850)617-6504;

(c) By mail, P.O. Box 5250, Tallahassee, FL 32399-5250; or

(d) By courier service or in person, Caldwell Building, MSC #347, 107 East Madison Street, Tallahassee, FL 32399-4143.

(2) If an appeal or request to reopen is submitted to the Reemployment Assistance Appeals Commission, the Commission will forward the appeal or request to reopen to the Office of Appeals. The filing date for purposes of computing timeliness of the appeal or request to reopen will be calculated as set forth in Rule 73B-20.005, F.A.C. However, submitting an appeal or request to reopen to the Commission may result in delay in processing the appeal or request to reopen.

(3) Additional information for appeals or requests to reopen filed online:

(a) To access the RECONNECT system, the claimant will be asked to provide the following information:

1. Claimant email address; and,

2. Claimant password.

(b) To access the RECONNECT system, the employer will be asked to provide the following information:

1. Employer User ID; and,

2. Employer password.

(c) To file an appeal through the RECONNECT system, the claimant will be asked to:

1. Select the determination to be appealed;

2. State why the appeal is untimely filed, if applicable;

3. Describe the reason for the appeal;

4. Update address and telephone numbers if incorrect in the RECONNECT system;

5. State whether the claimant will be represented by an attorney;

6. State whether the claimant will present witnesses at the hearing;

7. State whether the claimant will need the services of an interpreter and, if so, the language needed;

8. Provide a temporary mailing address for the appeal, if necessary;

9. Provide a telephone number for the hearing; and,

10. Upload files related to the appeal.

(d) To file an appeal through the RECONNECT system, the employer will be asked to:

1. Select the determination to be appealed;

2. State why the appeal is untimely filed, if applicable;

3. Provide the name of the individual filing the appeal;

4. Provide the job title of the individual filing the appeal;

5. Provide the name of the contact person for the hearing;

6. Provide the job title of the contact person for the hearing;

7. Provide the contact person’s telephone number;

8. Describe the reason for the appeal;

9. State whether the employer will be represented by an agent or attorney who was not sent a copy of the initial determination;

10. State whether the employer will be presenting witnesses other than the contact person for the hearing;

11. Provide a telephone number for the hearing; and,

12. Upload files related to the appeal.

(e) To request a rehearing through the RECONNECT system when a party failed to attend a hearing, the party will be asked to provide:

1. Name of the party requesting reopening;

2. Docket number; and,

3. Reason for reopening request.

(f) To file an appeal through the Reemployment Assistance Help Center, the claimant will be asked to provide the following information:

1. Issue identification number and distribution date of the determination to be appealed;

2. Claimant’s address and telephone number;

3. Claimant’s name, claimant ID, and the last four digits of his or her social security number;

4. Why the appeal is untimely filed, if applicable;

5. Reason for disagreeemnt with the determination;

6. Contact information of an attorney or authorized representative, if applicable;

7. Contact information for any witness(es), if applicable;

8. A request for an interpreter and for what language, if applicable; and

9. A temporary mailing address, if applicable.

(g) To file an appeal through the Reemployment Assistance Help Center, the employer will be asked to provide the following information:

1. Issue identification number and distribution date of the determination to be appealed;

2. Employer account number and business name;

3. Employer’s address and telephone number;

4. Claimant’s name and last four digits of his or her social security number, if known;

5. Why the appeal is untimely filed, if applicable;

6. Reason for disagreeemnt with the determination;

7. Contact information of an attorney or authorized representative, if applicable;

8. Contact information for any witness(es), if applicable;

9. A request for an interpreter and for what language, if applicable; and

10. A temporary mailing address, if applicable.

History

• Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(b)1., (d) FS. History–New 5-22-80, Formerly 38E-5.04, Amended 8-20-86, 8-7-01, Formerly 38E-5.004, 60BB-5.004, Amended 10-4-12, 9-8-15, 8-5-19, 2-15-23.

Fla. Admin. Code R. 73B-20.005 Computation of Time

The following rules apply in computing any period of time stated in days as prescribed by Section 443.151(3), F.S., or allowed by this chapter.

(1) Days shall be counted beginning with the day following the date of the distribution or mailing of a determination, redetermination, order, decision, or notice. The last day of the period shall be counted unless it is a Saturday, Sunday, or holiday, in which event, the period shall run until the end of the next day that is not a Saturday, Sunday, or holiday. For the purpose of this section, “holiday” means:

(a) Those dates so designated by Section 110.117, F.S.;

(b) Any other day on which the offices of the Florida Department of Commerce are closed;

(c) Any other day on which the United States Postal Service is closed; and,

(d) Any other day covered by an order issued pursuant to Florida Rule of General Practice and Judicial Administration 2.205(a)(2)(B)(iv) that suspends, tolls, or otherwise grants relief from time deadlines for the area in which the appellant resides.

(2) Appeals mailed are deemed filed when postmarked by the United States Postal Service. Appeals delivered in person are deemed filed on the date hand delivered. Appeals transmitted by facsimile are deemed filed on the date received by the Department or on the date recorded by the Commission fax system. Appeals submitted electronically through the RECONNECT system are deemed filed on the date the confirmation is issued by the system. The RECONNECT system shall post on the appeal the date the confirmation is issued and the appeal was successfully received by the system. Appeals submitted electronically through the Reemployment Assistance Help Center are deemed filed on the submission date as recorded by the online Help Center system.

History

• Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(3)(a), (4)(b)1., (d) FS. History–New 5-22-80, Formerly 38E-5.05, Amended 8-20-86, 3-1-98, 8-7-01, Formerly 38E-5.005, 60BB-5.005, Amended 11-19-12, 12-6-16, 8-5-19, 2-15-23.

Fla. Admin. Code R. 73B-20.006 Computation of Time

History

• Rulemaking Authority, 443.012(11) FS. Law Implemented 443.151(4)(b)1., (d) FS. History–New 5-22-80, Formerly 38E-5.06, Amended 8-20-86, Formerly 38E-5.006, 60BB-5.006, Repealed 1-4-17.

Fla. Admin. Code R. 73B-20.007 Late Filing of Appeals

(1) If it appears that the appeal initiating the proceedings was not filed within the time allowed by law, the appeals referee shall notify the parties that timeliness of the appeal shall be one of the issues to be considered at the hearing, except as provided in Section 443.151(4)(b)3., F.S.

(2) The appeals referee shall take evidence on and consider the issue of timeliness of the appeal first. If the referee finds that the appeal was not filed within the time allowed by law, it shall be dismissed. The dismissal decision shall be limited to findings of fact and a conclusion of law with respect to the timeliness issue.

(3) If the referee finds that the appeal was timely filed or reserves ruling as provided in subsection (4) of this rule, evidence shall then be taken with regard to the merits of the case, and the appeals referee’s decision shall include findings of fact and conclusions of law with respect to both the timeliness issue and the merits of the appeal.

(4) Referees may reserve ruling on the issue of timeliness and proceed with the merits portion of the hearing when the late-filing party has made an initial showing that the appeal should be deemed timely.

History

• Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(3)(a), (4)(b)1., (d) FS. History–New 5-22-80, Formerly 38E-5.07, Amended 8-20-86, Formerly 38E-5.007, 60BB-5.007, Amended 10-4-12, 8-5-19.

Fla. Admin. Code R. 73B-20.008 Representatives

(1) Any person compelled to appear, or who appears voluntarily, at any proceeding before an appeals referee may, at his or her own expense, be accompanied, represented or advised by an attorney or authorized representative.

(2) Any attorney or authorized representative who represents a claimant in any proceeding governed by these rules shall disclose orally on the record, or by post-hearing motion, the amount, if any, the claimant has agreed to pay for his or her services. The attorney or representative shall also disclose the hourly rate charged or other method used to compute the proposed fee and the nature and extent of the services rendered.

(3) The appeals referee shall approve, reduce or deny the proposed fee by written order which may be included in the decision upon the merits of the appeal.

History

• Rulemaking Authority 443.012(11) FS. Law Implemented 443.041(2), 443.151(4)(d), (7) FS. History–New 5-22-80, Formerly 38E-5.08, 38E-5.008, 60BB-5.008, Amended 12-6-16.

Fla. Admin. Code R. 73B-20.009 Fees

History

• Rulemaking Authority 443.012(11) FS. Law Implemented 443.041(2), 443.151(4)(d) FS. History–New 5-22-80, Formerly 38E-5.09, 38E-5.009, 60BB-5.009, Repealed 1-4-17.

Fla. Admin. Code R. 73B-20.010 Consolidation

If there are separate appeals which involve the same factual situation, similar issues of law or identity of parties, the Office of Appeals may schedule a consolidated hearing for the purpose of taking evidence and receiving argument with respect to all of the appeals; however, the Office of Appeals shall not schedule a consolidated hearing if consolidation would prejudice the rights of any party thereto. The Commission may also direct the Office of Appeals to consolidate cases for the seasons set forth above.

History

• Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(a), (b), (d) FS. History–New 5-22-80, Formerly 38E-5.10, 38E-5.010, 60BB-5.010, Amended 8-5-19.

Fla. Admin. Code R. 73B-20.011 Joinder of Parties

If it appears that the determination of the rights of parties in a proceeding governed by these rules shall involve a determination of the substantial interests of persons who are not parties, the appeals referee may, upon motion of any party of record or upon the referee’s own motion, enter an order requiring that the absent person be notified of the proceeding and be given an opportunity to be joined as a party of record.

History

• Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(d) FS. History–New 5-22-80, Formerly 38E-5.11, 38E-5.011, 60BB-20.011.

Fla. Admin. Code R. 73B-20.012 Disqualification and Substitution of Appeals Referee

(1) At any time prior to or during the course of a hearing governed by these rules, any party may move to disqualify the appeals referee on the grounds of bias, prejudice, or that the appeals referee is an interested party.

(2) A disqualification motion shall be made a part of the record and shall be heard by the appeals referee. The referee shall rule on the motion orally on the record or by written order which may be incorporated in the decision on the merits of the appeal.

(3) If, because of disqualification or any other reason, the appeals referee cannot complete disposition of an appeal, the case shall be assigned to a substitute referee. The substitute referee shall use any existing record and shall receive any additional evidence necessary to complete the proceedings.

History

• Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(a), (d) FS. History–New 5-22-80, Formerly 38E-5.12, 38E-5.012, 60BB-20.012, Amended 12-6-16, 8-5-19.

Fla. Admin. Code R. 73B-20.013 Substitution of Appeals Referee

History

• Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(a), (d) FS. History–New 5-22-80, Formerly 38E-5.13, 38E-5.013, 60BB-20.013, Repealed 1-4-17.

Fla. Admin. Code R. 73B-20.014 Scheduling and Notice of Hearings

(1) Hearings shall be by telephone conference unless an in-person hearing is agreed upon by the parties and approved by the appeals referee. If an in-person hearing is held, it shall be conducted at one of the regularly established hearing locations.

(2) The Office of Appeals shall send notice of the hearing as provided in Rule 73B-20.0261, F.A.C., at least 10 days prior to the date of the hearing. In proceedings to which the Florida Department of Commerce is a party, the notice shall be directed to the Director of the Division of Workforce Services in the Florida Department of Commerce or one or more of his or her designees. Whenever practicable, notices to employers shall be sent to both the employer’s official address of record and to the job site where the claimant was employed.

(3) The notice shall include or be accompanied by:

(a) A statement of the date, time, and place of the hearing;

(b) A statement of the legal authority and jurisdiction under which the hearing is to be held;

(c) A statement of the issues to be decided by the appeals referee with reference to the specific statutory or rule provisions involved. In the event that any party has not been provided a copy of the determination on appeal, a copy thereof shall be appended to such party’s notice;

(d) A statement that a 24-hour advance call confirmation is required and that the parties’ failure to call in as required by the notice of hearing may result in dismissal of the appeal or an unfavorable decision;

(e) A statement that failure to attend the hearing may result in a dismissal of the appeal or an unfavorable decision;

(f) A statement of the rules regarding requests for continuances and subpoenas;

(g) The address of the office to which all motions, requests, or other correspondence concerning the hearing should be directed;

(h) A Form UCA Bulletin 6E, Appeals Information, Rev. 04/19, https://www.flrules.org/Gateway/reference.asp?No=Ref-10874; Form UCA Bulletin 6S, Información sobre Apelaciones, Rev. 04/19, https://www.flrules.org/Gateway/reference.asp?No=Ref-10875; or Form UCA Bulletin 6C, Enfòmasyon Dapèl, Rev. 04/19, https://www.flrules.org/Gateway/reference.asp?No=Ref-10876; incorporated herein by reference, and available at the Department’s website, www.floridajobs.org/RAforms; and,

(i) Copies of the significant documents from the official file.

(4) Waiver. If the Office of Appeals fails to provide notice in the manner set forth in this section, or if the notice provided is defective in any other way, and all improperly noticed parties nevertheless appear at the hearing, the referee shall inquire whether such parties are willing to waive their rights set forth in subsections (1)-(3). If the appeals referee obtains informed and intelligent consent from all parties who were not properly noticed, the referee may proceed with the hearing. If any party refuses to consent to waiver, the referee shall continue the hearing and provide proper notice of the rescheduled hearing to all parties.

(5) Any member of the public wishing to listen to a telephone hearing and inspect documents may do so by contacting the Office of Appeals at MSC 347, 107 E. Madison Street, Tallahassee, Florida 32399-4143 or the appeals office to which the case is assigned.

History

• Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(a), (b), (d) FS. History–New 5-22-80, Formerly 38E-5.14, Amended 10-5-86, 3-11-99, Formerly 38E-5.014, Amended 3-11-12, Formerly 60BB-5.014, Amended 8-5-19, 5-12-26.

Fla. Admin. Code R. 73B-20.015 Service of Written and Other Physical Evidence

(1) If any party wishes to submit written or other physical evidence, that party must arrange for delivery of copies to the appeals referee and other parties at least 24 hours prior to the scheduled date and time of hearing. In addition to ordinary delivery methods, delivery to the referee may be accomplished by uploading the evidence into the appeals case folder in the RECONNECT system. If the hearing is scheduled for a Monday or a day following a holiday, the preceding Saturday and Sunday or the preceding holiday will be excluded from the calculation of the 24-hour period. The 24-hour period will presumptively provide the party against whom the evidence is offered a reasonable opportunity to review such evidence prior to the hearing pursuant to Section 443.151(4)(b)5.c.I., F.S. Documents that have not been provided in this manner may not be considered by the appeals referee, absent waiver.

(2) Waiver. If the party submitting written or other physical evidence to be considered fails to provide the evidence to all parties and the appeals referee at least 24 hours prior to the scheduled hearing time, and all parties to whom the evidence was not properly provided appear at the hearing, the referee shall inquire whether such parties are willing to waive their rights set forth in subsection (1). If the appeals referee obtains informed and intelligent consent from all parties to whom the evidence was not properly provided, the referee may proceed to consider the evidence.

History

• Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(b), (d) FS. History–New 5-22-80, Amended 11-30-81, 5-22-83, Formerly 38E-5.15, Amended 8-20-86, Formerly 38E-5.015, 60BB-5.015, Amended 10-4-12, 9-8-15, 8-5-19, 5-12-26.

Fla. Admin. Code R. 73B-20.016 Continuances

(1) The appeals referee shall, upon request of a party or upon the referee’s own motion, continue a hearing for good cause.

(2) Requests for continuance shall state the reasons therefor and must be made either in writing prior to the hearing or orally on the record at the hearing. A party may request a continuance prior to the hearing by completing the Request for Continuance form (A200(E) (English), Office of Appeals Request for Continuance, 11/18, https://www.flrules.org/Gateway/reference.asp?No=Ref-10846; A200(S) (Spanish), Oficina de Apelaciones Solicitud de Aplazamiento, 11/18, https://www.flrules.org/Gateway/reference.asp?No=Ref-10847; A200(C) (Creole), Biwo Apèl Demann Pou Kontinyasyon, 11/18, https://www.flrules.org/Gateway/reference.asp?No=Ref-10848), incorporated herein by reference, available at www.floridajobs.org/RAforms. A continuance request may be submitted by facsimile (FAX), (850)617-6504; courier service or in person, Caldwell Building, MSC #347, 107 East Madison Street, Tallahassee FL 32399-4143; mail, P.O. Box 5250, Tallahassee, FL 32399-5250; or online via the RECONNECT system or the Reemployment Assistance Help Center at https://FloridaJobs.org/RAHelpCenter.

(3) Upon receipt of a continuance request prior to the scheduled date of the hearing, the appeals referee or appeals magistrate shall immediately consider it and provide written notice of the ruling to the parties.

(a) If granted, the appeals referee or appeals magistrate shall notify the parties of the rescheduled hearing date in the manner prescribed by these rules.

(b) If denied, the appeals referee shall proceed in accordance with these rules.

(c) If it does not appear that the parties will receive the written ruling on the request prior to the scheduled date of the hearing, the referee shall, nevertheless, distribute the ruling as provided in Rule 73B-20.0261, F.A.C., but also convene the hearing and notify any parties in attendance of the ruling. If the request is granted, the referee shall adjourn; if it is denied, the referee shall proceed.

(4) If a continuance request is made during the course of a hearing, the appeals referee shall enter the ruling on the motion into the record and then proceed or adjourn.

(5) If subsequent to hearing, but prior to rendition of decision, the appeals referee or appeals magistrate decides that additional hearing is necessary, the parties shall be so advised in writing.

History

• Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(a), (b), (d) FS. History–New 5-22-80, Formerly 38E-5.16, 38E-5.016, 60BB-5.016, Amended 9-8-15, 8-5-19, 5-12-26.

Fla. Admin. Code R. 73B-20.017 Nonappearance of Parties

(1) Except as provided in Rule 73B-20.016, F.A.C., the appeals referee may, notwithstanding failure of a party to appear, proceed with the hearing.

(2) Failure of the appellant to appear at the hearing shall constitute grounds for dismissal of the appeal.

(3) Any party to a hearing must call the Office of Appeals at least 24 hours before the scheduled hearing to confirm attendance and provide a telephone number where the party can be reached at the time of the hearing. Failure of the appellant to complete the advance confirmation call as required will be treated as failure to appear and may result in dismissal of the appeal. Failure of the appellee to complete the advance confirmation call may be treated as a failure to appear and may result in an unfavorable decision.

(4) Upon written request of the appellant to reopen the hearing or upon the referee’s own motion, the appeals referee shall for good cause shown for nonappearance rescind a dismissal decision and reopen the appeal. Upon written request of the appellee to reopen the hearing or upon the referee’s own motion, the appeals referee shall for good cause shown for nonappearance rescind a decision and reopen the appeal if the appellee did not appear at the last scheduled hearing and the referee has entered a decision adverse to the appellee. The appeals referee shall have the authority to reopen an appeal under this rule provided that the request has been filed or motion entered within 20 days of rendition of the decision.

(a) A threshold issue to be decided at the hearing held to consider reopening an appeal shall be whether there is a good cause for proceeding with an additional hearing. If good cause is found, the appeals referee shall proceed on the merits. If good cause is not found, the referee shall reinstate the decision. The referee shall have no further authority with respect to a reinstated decision; however, any party or other person entitled by law to do so may file an appeal of the reinstated decision in accordance with Chapter 73B-21, F.A.C. Referees may reserve ruling on the issue of nonappearance and proceed with the merits portion of the hearing when the nonappearing party has made an initial showing of good cause for nonappearance.

(b) Denial without hearing of a request to reopen an appeal shall be in writing. The requesting party may appeal the denial by filing an appeal with the Reemployment Assistance Appeals Commission in the manner set forth in Chapter 73B-21, F.A.C.

History

• Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(a), (b), (d) FS. History–New 5-22-80, Formerly 38E-5.17, Amended 8-20-86, 3-1-98, Formerly 38E-5.017, 60BB-5.017, Amended 8-5-19.

Fla. Admin. Code R. 73B-20.018 Discovery

Parties may obtain discovery through the means and in the manner provided in Rules 1.280 through 1.390, Florida Rules of Civil Procedure. The appeals referee may issue appropriate orders to effectuate the purposes of discovery and to prevent delay, including orders shortening the period of time during which any act is to be performed.

History

• Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(d) FS. History–New 5-22-80, Formerly 38E-5.18, 38E-5.018, 60BB-5.018.

Fla. Admin. Code R. 73B-20.019 Subpoenas

(1) Subpoenas requiring the attendance of witnesses or production of records, files and memoranda from any place in the state at any designated place of hearing before the appeals referee for the purpose of taking the testimony of such witnesses or inspection of documents may be obtained upon written application of any party of record or upon the referee’s own motion. The application for subpoena shall state the full name and address of the witness for whom the subpoena is to be issued and the time and place for the witness to appear. Requests for subpoenas duces tecum must describe with particularity the documents to be brought by the witness. The application must be delivered to the office of the referee sufficiently in advance of the scheduled date of the hearing to allow service prior to the hearing.

(a) A subpoena may be served by any person authorized by law to serve process or by any other person who is not a party and who is of majority age. Service may be made by a party’s attorney or representative.

(b) Service of a subpoena on behalf of a party other than a claimant for benefits shall not be effective unless delivery of the subpoena to the person named therein is accompanied by tender of the fee for one day’s attendance and the mileage allowed by law.

(c) Proof of personal service shall be made by affidavit of the person making service if not served by an officer authorized by law to do so. If service is made by certified mail, the returned postal service receipt shall be proof of service.

(2) Any person subject to a subpoena may, for any of the grounds set forth in Section 120.569(2)(k)1., F.S., file with the appeals referee a motion to quash or limit the scope of the subpoena. The motion must be made sufficiently in advance of the date set for compliance with the subpoena to allow the referee to rule on the motion and provide notice to the parties of the ruling. If the referee’s written ruling is not received prior to the date set for compliance, the moving party shall appear at the designated time and place prepared to comply with the subpoena, provided that the moving party shall be entitled to an oral ruling on the motion entered into the record at the inception of the hearing.

(3) If a person fails to comply with a subpoena, the party requesting the subpoena may seek enforcement by filing a petition for enforcement pursuant to Section 120.569(2)(k)2., F.S., in the circuit court of the judicial circuit wherein the person in noncompliance resides.

(4) Any public employee subpoenaed to appear before an appeals referee who is required to travel beyond the immediate vicinity of his or her headquarters shall be entitled to reimbursement for per diem and travel expenses at the rate provided in Section 112.061, F.S. The voucher for reimbursement shall be processed in accordance with state law.

(5) All other witnesses, except parties, who are subpoenaed to appear before an appeals referee shall be entitled to a witness fee and mileage allowance as provided in civil actions in the circuit courts of this state.

(6) Fees for witnesses subpoenaed on behalf of the Florida Department of Commerce or any claimant for benefits shall be paid from the Employment Security Administration Trust Fund upon submission by the appeals referee of a voucher for reimbursement.

(7) Fees for witnesses subpoenaed on behalf of all other parties shall accompany the subpoena.

History

• Rulemaking Authority 443.012(11) FS. Law Implemented 443.041(2)(a), 443.151(4)(d), 443.171(6), (7) FS. History–New 5-22-80, Formerly 38E-5.19, Amended 8-20-86, Formerly 38E-5.019, 60BB-5.019, Amended 12-6-16.

Fla. Admin. Code R. 73B-20.020 Witness Fees

History

• Rulemaking Authority 443.012(11) FS. Law Implemented 443.041(2)(a), 443.151(4)(d) FS. History–New 5-22-80, Formerly 38E-5.20, 38E-5.020, 60BB-5.020, Repealed 1-4-17.

Fla. Admin. Code R. 73B-20.021 Investigation

History

• Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(a), (b), (d), 443.171(5), (6) FS. History– New 5-22-80, Formerly 38E-5.21, Amended 8-20-86, Formerly 38E-5.021, 60BB-5.021, Repealed 12-6-16.

Fla. Admin. Code R. 73B-20.022 Withdrawal

(1) The appellant may with the approval of the appeals referee withdraw the appeal prior to or at the hearing. If the withdrawal request is made prior to the hearing, it must be in writing; if made during the hearing, it must be entered orally on the record. If approved, the referee shall issue a written decision dismissing the appeal; provided, however, the appellant may request reopening of the appeal within 20 days of the date of issuance of the dismissal decision. The referee shall act upon such a request in the manner set forth in Rule 73B-20.017, F.A.C., regarding reopening the appeals dismissed for nonappearance of the appellant. Notwithstanding those provisions, however, a withdrawn appeal shall be reopened only upon showing that the withdrawal request was made as a result of misinformation from or coercion by the appellee or an employee of the Florida Department of Commerce.

(2) A withdrawal request may be submitted online via the RECONNECT system or at http://floridajobs.org/Reemployment-Assistance-Service-Center/reemployment-assistance/reemployment-assistance-appeal-withdrawal; by facsimile (FAX), (850)617-6504; by courier service or in person, Caldwell Building, MSC #347, 107 East Madison Street, Tallahassee FL 32399-4143; or by mail, P.O. Box 5250, Tallahassee, FL 32399-5250.

History

• Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(b)2., (d) FS. History–New 5-22-80, Formerly 38E-5.22, 38E-5.022, 60BB-5.022, Amended 8-5-19, 2-15-23.

Fla. Admin. Code R. 73B-20.0221 Dismissal

(1) In addition to the grounds for dismissal otherwise established in this chapter, an appeals referee may dismiss an appeal prior to an evidentiary hearing if the appeal is not responsive to or does not express disagreement with a determination or redetermination as required by subsection 73B-20.003(1), F.A.C.

(a) Within 20 days of the dismissal, an appellant may file a request to reopen the matter and an amended notice of appeal that complies with the requirements of subsection 73B-20.003(1), F.A.C. The appellant must exhaust this remedy before appealing to the Reemployment Assistance Appeals Commission as provided under subsection (3) of this rule.

(b) If an appellant timely files a request to reopen and an amended notice of appeal that complies with subsection 73B-20.003(1), F.A.C., the appeals referee must reopen the appeal and proceed as otherwise established by this chapter. If such request to reopen and amended notice are untimely filed, the referee must reopen the appeal and first address the threshold issue of the timeliness of the reopening request in accordance with the procedures in Rule 73B-20.007, F.A.C.

(c) If the amended notice of appeal does not comply with subsection 73B-20.003(1), F.A.C., an appeals referee shall deny the request to reopen.

(2) Unless subsection (1) is applicable, an appeals referee may dismiss an appeal at any time during the appeal proceedings, if it is apparent that:

(a) The appealed determination is not adverse to the appellant;

(b) The appeal was docketed in error;

(c) There is no disputed issue to be decided;

(d) The matter is moot; or

(e) The appealed determination is defective and requires redetermination or was issued in error.

(3) A decision to dismiss an appeal or deny a request to reopen issued under this rule must be in writing and specify the grounds for the decision. Except as provided by paragraph (1)(a), a dismissal or denial to reopen is appealable to the Reemployment Assistance Appeals Commission as prescribed by Section 443.151(4)(c), F.S., and Chapter 73B-21, F.A.C.

History

• Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(b)1., (b)3., (d) FS. History New 2-15-23.

Fla. Admin. Code R. 73B-20.023 Independence of Appeals Referees; Ex Parte Communications Prohibited

(1) In the conduct of hearings and rendering of decisions in proceedings under these rules, the appeals referee shall act as an impartial, independent hearing officer free from any outside influence.

(2) No party to a proceeding or any other person who has a direct or indirect interest in a proceeding or any attorney or representative of such person or any public officer or employee shall communicate by any means with the appeals referee assigned to the appeal concerning the merits of the appeal unless all parties are present or have waived their right to be present.

(3) An appeals referee who has received a communication proscribed by subsection (2), or who has received a threat or offer of reward by any person with respect to the conduct or outcome of a proceeding, shall place upon the record all written communications received, all written responses to such communications and a memorandum stating the substance of all oral communications received and all oral responses made. If the communication was received subsequent to the hearing, the referee shall notify the parties of the matters made a part of the record and advise the parties that they may within 10 days file a request for additional hearing to rebut the communication. If the referee deems it necessary to eliminate the effect of the communication, the referee shall withdraw and a substitute shall be assigned in accordance with Rule 73B-20.012, F.A.C.

History

• Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(a), (d) FS. History–New 5-22-80, Formerly 38E-5.23, 38E-5.023, 60BB-5.023.

Fla. Admin. Code R. 73B-20.024 Conduct of the Hearing

(1) Hearings before appeals referees shall be open to the public; provided that the referee may, upon motion of a party or upon the referee’s own motion, exclude witnesses, other than the parties, until called to testify. The referee may also exclude any observer, witness or party who is disruptive to the conduct of the hearing; however, such person shall be readmitted upon cessation of disruptive conduct.

(2) When calling a party or a party’s witness on the telephone for the hearing, if the party or witness is initially unavailable, the referee shall wait at least ten minutes, and then make a second attempt to call the party or witness.

(3) The appeals referee shall review the issues presented and set forth the procedures to be followed during the hearing.

(4) Evidence.

(a) Oral evidence shall only be taken upon oath or affirmation.

(b) The appeals referee shall prescribe the order in which testimony shall be taken and examine or cross-examine any witness as is necessary to properly develop the record. The referee shall also preserve the right of each party to present evidence relevant to the issues, cross-examine opposing witnesses, impeach any witness, and rebut the evidence presented against him or her. The referee shall restrict the inquiry of any witness to the scope of the proceedings.

(c) If the referee determines that the examiner or adjudicator who issued the determination did not apply the correct provision or provisions of law to the factual situation presented, the referee may modify the determination and, with the consent of the parties, expand or otherwise alter the scope of the hearing to include the correct issues involved. If one or more parties object to the change in the scope of the hearing, the referee shall continue the hearing and provide a corrected notice of hearing designating the proper issues.

(d) The hearing need not be conducted according to the technical rules regarding evidence and witnesses. When the appeals referee declines to accept as evidence any written or physical material presented for consideration, the appeals referee should specifically address on the record or in the written decision the reason the material was rejected. A party or the party’s representative may state an objection to the referee’s acceptance of written or physical material or refusal to accept written or physical material as evidence. A party or the party’s representative may also advise the appeals referee of a defect in the character of any evidence introduced by voicing an objection. The objecting party shall be given an opportunity to explain the grounds for the objection. A lack of an objection does not relieve the referee of the duty to determine the competency of the evidence under the applicable evidentiary standards.

(e) All documents introduced as evidence shall be labeled and certified by the appeals referee as being the actual document received or a true and correct photocopy thereof. Whenever practicable, demonstrative and physical evidence shall also be labeled and placed in the record; otherwise it shall be described in detail on the record by the referee.

(5) Prior to the close of the hearing, the appeals referee shall give each party a reasonable amount of time for closing argument.

(6) All parties may submit briefs to the appeals referee at the hearing. A party may request permission to submit a brief subsequent to the hearing within a reasonable time set by the referee; however, the referee shall not delay rendition of the decision for a period of time which would constitute an undue burden on any party.

(7) Preservation of testimony. The proceedings shall be mechanically recorded by the appeals referee or by a court reporter under the supervision of the referee. The recording of the testimony shall be placed in the official record and shall be preserved for at least 120 days from the date of the decision of the referee, unless review by the Reemployment Assistance Appeals Commission is initiated; in which case the recording shall be preserved for a period of at least 120 days from the date of the Commission’s final order. If the recording is transcribed for purposes of administrative or judicial review, it shall constitute the official transcript of the proceedings.

History

• Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(a), (b), (d) FS. History–New 5-22-80, Formerly 38E-5.24, Amended 8-20-86, Formerly 38E-5.024, Amended 3-11-12, Formerly 60BB-5.024, Amended 8-5-19.

Fla. Admin. Code R. 73B-20.025 Decision

(1) Upon conclusion of the hearing the appeals referee shall render and submit to the parties a written decision.

(2) The decision shall be based solely upon matters contained in the official record.

(3) The decision shall include, but not be limited to, the following:

(a) A statement of the referee’s jurisdiction;

(b) A statement of the issues;

(c) Findings of fact necessary for resolution of the issues. Findings based upon stipulation of the parties or matters officially recognized by the referee shall be so designated;

(d) An analysis of the findings including a concise and explicit statement of the underlying evidence in the record which supports the findings.

1. Where a finding is based solely on hearsay, the appeals referee shall set forth the rationale by which the evidence was determined to be admissible in accordance with Sections 443.151(4)(b)5.c.(I) and (II), F.S.

2. If confronted with conflicting evidence with respect to a disputed issue of fact, the finding of which is determinative of the outcome of the appeal, the appeals referee shall acknowledge such conflict and set forth the rationale by which the conflict was resolved. If the referee finds the parties equally credible, or that no party is credible, the referee shall so state and resolve the issues based on which party bears the burden of proof.

(e) Conclusions of law accompanied by reference to the operative findings of fact and the specific provisions of the statutory and decisional law from which the conclusions were drawn.

(f) The ultimate decision which sets forth the action to be taken.

(4) Notwithstanding subsection (3), and in lieu of the dismissal procedures under Rule 73B-20.0221, F.A.C., the referee may render a decision that summarily affirms the determination under review if the referee finds that the appellant has not expressed disagreement at the hearing with the determination’s resolution of the issue(s) under review.

(5) A copy of the decision shall be distributed in accordance with Rule 73B-20.0261, F.A.C. Copies of the decision shall also be furnished to the offices of the Florida Department of Commerce which have an interest in the proceedings. The decision shall advise the parties of their right to and the means by which an appeal of the decision may be filed with the Reemployment Assistance Appeals Commission.

(6) The appeals referee or the referee’s designated clerk shall complete, sign and affix to the decision a certificate stating that the decision was filed and copies were distributed/mailed to each of the parties at the address listed on the decision on the date certified.

History

• Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(a), (b), (d) FS. History–New 5-22-80, Formerly 38E-5.25, Amended 8-20-86, Formerly 38E-5.025, Amended 3-11-12, Formerly 60BB-5.025, Amended 9-8-15, 8-5-19, 2-15-23, 5-12-26.

Fla. Admin. Code R. 73B-20.026 Corrected Decisions

(1) An appeals referee may correct errors in a decision after the decision has been distributed/mailed as follows:

(a) Where the correction is solely of a clerical nature and does not change, and is not reasonably interpreted to change, the substantive outcome of the prior decision, the correction may be made at any time prior to the filing of an appeal of the decision;

(b) Where the correction changes, or is reasonably interpreted to change, the substantive outcome of the prior decision, a corrected decision may be distributed/mailed:

(i) Within 20 days of the distribution/mailing of the decision to be corrected, by the distribution/mailing of a notice of proposed corrected decision, which shall identify the corrections to be made, and provide for the opportunity of any party to request a hearing on the proposed corrections;

(ii) After 20 days of the distribution/mailing of the decision to be corrected, by the filing of an application for revised decision by the Department.

(2) Once distributed/mailed, the corrected decision supersedes the prior decision in the case, and may be appealed to the Commission pursuant to Rule 73B-21.003, F.A.C.

(3) If a party files an appeal to the Commission after the appeals referee has given notice of a proposed corrected decision, but prior to the mailing/distributing of the corrected decision, the referee shall retain jurisdiction over proceedings regarding the proposed corrected decision.

(4) If the Office of Appeals or appeals referee concludes that a decision should be corrected after the decision has been appealed to the Commission, the Office of Appeals or referee may request relinquishment to the referee for that purpose. The Commission may also relinquish jurisdiction of the case for a corrected decision on its own motion.

(5) This section does not supersede the provisions regarding dismissal decisions entered pursuant to Rules 73B-20.017 and 73B-20.022, F.A.C.

History

• Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(3)(e)1., (4)(a)-(d) FS. History–New 5-22-80, Formerly 38E-5.26, Amended 8-20-86, Formerly 38E-5.026, 60BB-5.026, Amended 8-5-19.

Fla. Admin. Code R. 73B-20.0261 Distribution of Decisions, Notices of Hearing, and Other Written Correspondence

(1) A copy of a decision, notice of hearing, or any other written correspondence provided by the Florida Department of Commerce pursuant to this chapter will be distributed by electronic correspondence in each party’s RECONNECT inbox. In addition, if a party has elected in the RECONNECT system to receive notice of Department correspondence by email, notice that the correspondence has been distributed in the party’s RECONNECT inbox will be emailed to the party’s email address of record. In the event the Department cannot distribute notice of correspondence electronically, the correspondence will be mailed to the party’s address of record and uploaded in the RECONNECT appeals case folder. If a party has elected in the RECONNECT system to receive correspondence by U.S. mail, a copy of the correspondence shall also be mailed to the party’s mailing address of record.

(2) A copy of a decision, notice of hearing, or other written correspondence provided by the Department pursuant to this chapter shall be mailed, by U.S. mail, to any attorney or representative who has established an address of record with the Department.

History

• Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(b), (d) FS. History–New 5-12-26.

Fla. Admin. Code R. 73B-20.027 Appeal to the Reemployment Assistance Appeals Commission

Except as provided by subsection 73B-20.017(4) and Rule 73B-20.022, F.A.C., if the Office of Appeals receives a written communication from a party which expresses disagreement with or otherwise indicates a desire to appeal a decision, the Office of Appeals shall immediately forward it to the Reemployment Assistance Appeals Commission.

History

• Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(c), (d) FS. History–New 5-22-80, Formerly 38E-5.27, Amended 8-20-86, Formerly 38E-5.027, 60BB-5.027, Amended 8-5-19.

Chapter 73B-21 REEMPLOYMENT ASSISTANCE APPEALS COMMISSION; GENERAL PROCEDURES

Fla. Admin. Code R. 73B-21.001 Applicability

History

• Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(c), (d) FS. History–New 5-22-80, Formerly 38E-2.01, 38E-2.001, 60BB-6.001, Repealed 12-6-16.

Fla. Admin. Code R. 73B-21.002 Form of Appeal

(1) A written appeal statement that is responsive to and expresses disagreement with an adverse referee’s decision shall be accepted as an appeal. The written appeal statement should include any allegation(s) of error with respect to the referee’s decision and/or the proceedings below and factual and/or legal support for the allegations. Allegations of error not specifically set forth in the appeal statement may be considered forfeited.

(2) An appeal should contain the following:

(a) The claimant’s name and last four digits of the claimant’s social security number;

(b) The name, tax account number, and mailing address of the employer or employers involved;

(c) The email address of the appellant; and

(d) The referee decision docket number of the case being appealed.

(3) To assist a party in ensuring all the information listed in subsection (2) is included, an appeal may be filed online as provided by paragraph 73B-21.003(1)(a), F.A.C., or by completing an appeal form (A100RAAC(E) (English), Reemployment Assistance Appeals Commission Notice of Appeal of Referee’s Decision, Rev. 05/24; http://www.flrules.org/Gateway/reference.asp?No=Ref-16626); (A100RAAC(S) (Spanish), Comisión de Apelaciones de Asistencia de Reempleo Aviso de Apelación de la Decisión de un Árbitro, Rev. 05/24, http://www.flrules.org/Gateway/reference.asp?No=Ref-16627); (A100RAAC(C) (Creole), Komisyon Pou Kontestasyon Asistans Reyanplwa Avi Pou Konteste Desizyon Jij-Abit La, Rev. 05/24, http://www.flrules.org/Gateway/reference.asp?No=Ref-16628), incorporated herein by reference, at the Department’s website at http://www.floridajobs.org/RAforms.

(4) Failure to include all of the information listed in subsection (2) may result in a delay in processing the appeal.

(5) With leave from the Commission, an amended appeal may be filed in the manner prescribed by rule for filing an original appeal.

History

• Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(d) FS. History–New 5-22-80, Formerly 60BB-6.02, Amended 8-20-86, 8-7-01, Formerly 38E-2.002, 60BB-6.002, Amended 10-4-12, 6-6-24, Reviewed 7-8-26.

Fla. Admin. Code R. 73B-21.003 Method of Filing an Appeal

(1) Appeals may be filed with the Commission:

(a) Online at https://raaciap.floridajobs.org;

(b) By facsimile (FAX), (850)488-2123; or

(c) By mail, courier service, or in-person, 1211 Governors Square Boulevard, Suite 300, Tallahassee, FL 32301.

(2) If an appeal is submitted to the Florida Department of Commerce, the Department will forward the appeal to the Commission. The filing date for purposes of computing timeliness of the appeal will be calculated as set forth in Rule 73B-21.0031, F.A.C. However, submitting an appeal to the Department may result in a delay in processing the appeal.

History

• Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(b), (c), (d) FS. History–New 5-22-80, Formerly 38E-2.03, Amended 8-20-86, 1-5-93, 8-7-01, Formerly 38E-2.003, 60BB-6.003, Amended 11-1-12, 12-6-16, 6-6-24, Reviewed 7-8-26.

Fla. Admin. Code R. 73B-21.0031 Computation of Time

The following rules apply in computing any period of time stated in days as prescribed by Section 443.151(4)(b)6., F.S., or allowed by this chapter.

(1) Periods of time shall be calculated in consecutive calendar days.

(2) Days shall be counted beginning with the day following the date of rendition of a decision, order, notice, or the filing of an appeal. The last day of the period shall be counted unless it is a Saturday, Sunday, or holiday, in which event, the period shall run until the end of the next day that is not a Saturday, Sunday, or holiday. For the purpose of this section, “holiday” means:

(a) Those dates so designated by Section 110.117, F.S.;

(b) Any other day on which the Office of the Clerk of the Commission is closed;

(c) Any other day on which the United States Postal Service is closed; and

(d) Any other day covered by an order issued pursuant to Florida Rule of General Practice and Judicial Administration 2.205(a)(2)(B)(iv) that suspends, tolls, or otherwise grants relief from time deadlines for the area in which the appellant resides.

(3) Appeals mailed are deemed filed when postmarked by the United States Postal Service. Appeals delivered in person or by courier are deemed filed when date stamped at the authorized location. Appeals sent by facsimile are deemed filed on the date recorded by the Commission’s fax system or the date received by the Department. Appeals submitted through the Department’s website are deemed filed on the date the confirmation number is issued, which the internet filing system shall post on the appeal.

History

• Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(c), (d) FS. History–New 6-6-24, Reviewed 7-8-26.

Fla. Admin. Code R. 73B-21.0032 Dismissal

(1) An appeal which is not filed within the time allowed by law shall be dismissed by the Commission for lack of jurisdiction. Prior to dismissing an appeal for untimeliness, a party shall have the opportunity to explain the reason for the untimely appeal and/or establish a legal basis for the Commission to exercise jurisdiction. The Commission may issue an order to show cause and consider the appellant’s response, if timely filed.

(2) In addition to the ground for dismissal set forth in subsection (1), the Commission may dismiss an appeal if:

(a) The appeal is not responsive to or does not express disagreement with a referee’s decision as required by subsection 73B-21.002(1), F.A.C.;

(b) The appealed referee’s decision is not adverse to the appellant;

(c) The appeal was docketed in error;

(d) There is no disputed issue to be decided; or

(e) The matter is moot.

(3) A dismissal order issued pursuant to this rule shall be in writing and specify the grounds for dismissal.

History

• Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(c), (d) FS. History–New 6-6-24, Reviewed 7-8-26.

Fla. Admin. Code R. 73B-21.004 Computation of Time

History

• Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(b), (d) FS. History–New 5-22-80, Formerly 38E-2.04, Amended 8-20-86, Formerly 38E-2.004, 60BB-6.004, Repealed 1-4-17.

Fla. Admin. Code R. 73B-21.005 Notice to Parties

(1) All interested parties shall be notified in writing of the pendency of review by the Commission.

(2) A copy of all briefs, motions, documents and correspondence filed with the Commission shall be served by the filing party on the opposing party or parties. Briefs, motions, documents and correspondence are considered filed and served when received by the Commission.

History

• Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(d) FS. History–New 5-22-80, Formerly 38E-2.05, Amended 8-20-86, Formerly 38E-2.005, 60BB-6.005, Amended 6-6-24, Reviewed 7-8-26.

Fla. Admin. Code R. 73B-21.006 Representation

(1) In proceedings before the Commission, a party may represent himself or herself, or be represented by an authorized representative.

(2) Unless notification of continued representation is filed with the Commission, a party’s representative in proceedings before an appeals referee shall not retain such status before the Commission.

(3) A party’s representative before the Commission shall remain the representative of record and shall receive all notices, documents, correspondence and orders until notice of withdrawal is filed with the Commission.

(4) A request for approval of a fee to be paid by the claimant, if any fee is charged by a claimant’s representative for services performed before the Commission, shall be in writing and received by the Commission no later than 15 days after the Commission’s order ruling on the case. The request must include a description of the time spent and services rendered in connection with the Commission appeal and the amount of the proposed fee.

History

• Rulemaking Authority 443.012(11) FS. Law Implemented 443.041(2), 443.151(4)(d) FS. History–New 5-22-80, Formerly 38E-2.06, Formerly 38E-2.006, 60BB-6.006, Amended 11-19-12, Reviewed 7-8-26.

Fla. Admin. Code R. 73B-21.007 Ex Parte Communications

No party to the proceeding or any person who has a direct or indirect interest in the proceeding shall communicate with the Commission members concerning the merits of the appeal unless all parties are present or have waived their right to be present.

History

• Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(d) FS. History–New 5-22-80, Formerly 38E-2.07, Formerly 38E-2.007, 60BB-6.007, Reviewed 7-8-26.

Fla. Admin. Code R. 73B-21.008 Review by the Commission

(1) The Commission shall review the appeals referee’s decision to determine: whether the fairness of the proceedings or the correctness of the decision may have been impaired by a material error in procedure; whether the findings of fact are supported by competent, substantial evidence in the record; and whether the legal conclusions are in accord with the law.

(2) The Commission’s review shall be limited to the matters contained within the record on appeal as provided in Rule 73B-21.009, F.A.C.

History

• Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(c), (d) FS. History–New 5-22-80, Formerly 38E-3.02, Amended 8-20-86, Formerly 38E-3.002, 60BB-7.002, 73B-22.002, Amended 6-6-24, Reviewed 7-8-26.

Fla. Admin. Code R. 73B-21.009 Record on Appeal to the Commission

(1) The contents of the record on appeal before the Commission shall consist of:

(a) The official record that was before the appeals referee, including:

1. All notices, pleadings, motions, intermediate rulings, and evidence received or considered by the appeals referee or other hearing officer, as well as all proffers of proof, objections and rulings thereon;

2. All department memoranda or data submitted to the appeals referee or other hearing officer, provided that such memoranda or data were submitted prior to disposition of the appeal, after notice of the submission to all parties;

3. All matters placed upon the record after an ex parte communication pursuant to Section 120.66(2), F.S.; and

4. The audio recording of the proceedings made by or under the supervision of the appeals referee or other hearing officer;

(b) The decision of the appeals referee or special examiner, if any;

(c) The notice of docketing of the appeal of the referee’s decision by the Commission, or the order of the Commission removing the proceedings to itself or initiating review upon its own motion;

(d) Evidence accepted by the Commission pursuant to Rule 73B-21.011, F.A.C.

(2) Copies of the Record.

(a) Copies of the record or portions thereof may be obtained by parties or their representatives upon written request.

(b) Parties, other than claimants, shall be required to pay a duplication charge not in excess of actual cost.

History

• Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(d) FS. History–New 5-22-80, Formerly 38E-3.03, Amended 8-20-86, 1-5-93, Formerly 38E-3.003, 60BB-7.003, Amended 10-4-12, Formerly 73B-22.003, Amended 6-6-24, Reviewed 7-8-26.

Fla. Admin. Code R. 73B-21.010 Briefs and Motions

(1) Any party may file a brief setting forth the party’s position and argument in support thereof. The appellant’s brief shall be filed with the Commission and served on the appellee within 15 days of the filing of the appeal. An answer brief shall be filed within 15 days after service of the appellant’s brief. If the appellant does not file a brief, the appellant waives its right to file a brief; in that event, the appellee may file a brief no later than 30 days after the appeal was filed. Unless otherwise allowed by the Commission, no other briefs may be filed. Briefs not timely filed may not be considered by the Commission.

(2) Any party may file a written motion, stating the grounds on which it is based, the relief sought, and argument in support thereof. Response to a motion shall be filed within 10 days of service.

(3) A request for an extension of time, postponement or continuance must be filed in writing and shall be granted by the Commission upon a showing of good cause.

(4) A motion to extend the time for filing briefs, when filed within the limits prescribed in subsection (1), above, shall toll the time prescribed until the Commission, by written order, grants or denies the request. An order granting the motion shall state the number of days the time limit is extended. An order denying the motion shall state when the time for filing recommences. If the Commission has previously denied a motion to extend the time for filing a brief on the merits because the appeal was untimely filed, and the untimely appeal is later accepted as timely filed, the Commission shall notify all parties by written order that the appeal will proceed to the review process described in Rule 73B-21.008, F.A.C. The order shall state the time for briefing.

(5) Briefs, motions, or requests may be provided by hand delivery, courier, mail, email, or fax to the Office of the Clerk of the Commission and shall be considered filed when received by the Commission. A copy of all briefs, motions, or requests shall also be provided to the opposing party or parties on the same date as provided to the Commission.

History

• Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(d) FS. History–New 5-22-80, Formerly 38E-3.04, Amended 8-20-86, Formerly 38E-3.004, 60BB-7.004, 73B-22.004, Amended 6-6-24, 6-22-26.

Fla. Admin. Code R. 73B-21.011 Supplemental Evidence

Notwithstanding subsection 73B-21.008(2), F.A.C., the Commission can consider supplemental evidence under the circumstances as set forth in this rule. Any evidence considered under this rule will be marked as an exhibit and moved into the record.

(1) Newly Discovered Evidence.

(a) Upon written request, the Commission may consider newly discovered evidence if such evidence is material to the outcome of the case and could not have reasonably been discovered prior to the hearing before the appeals referee.

(b) The request shall include a clear and concise description of the evidence and a statement demonstrating that the evidence is material to the outcome of the case and that it could not have been reasonably discovered prior to the hearing.

(c) Before the Commission grants a party’s request to enter new evidence into the record on appeal, the opposing party shall be given the opportunity to examine the evidence and offer rebuttal.

(2) Administrative Records.

(a) If the record on appeal indicates that material evidence could be present in the administrative record, the Commission will investigate whether such evidence exists. For purposes of this rule, administrative record means records generated by the Florida Department of Commerce and the Florida Department of Revenue as the agent of the Florida Department of Commerce relating to reemployment assistance tax services. This does not include evidence that a party should have provided the referee prior to the hearing in accordance with Rule 73B-20.015, F.A.C.

(b) If potentially material evidence is found, the Commission shall give the party or parties an opportunity to examine the evidence and will issue an order to show cause as to why that evidence should not be considered before moving the evidence into the record on appeal.

(c) In lieu of issuing an order to show cause, the Commission may remand the case to the appeals referee for supplemental proceedings where the evidence raises a fact issue within the province of the referee to decide or requires additional testimony from the party or parties to supplement or explain the evidence.

History

• Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(d) FS. History–New 5-22-80, Formerly 38E-3.05, Amended 8-20-86, Formerly 38E-3.005, 60BB-7.005, 73B-22.005, Amended 6-6-24, 6-22-26, Technical Change 7-16-26.

Fla. Admin. Code R. 73B-21.012 Orders of the Commission

(1) By written order, the Commission shall affirm, modify, or reverse the referee’s decision, or shall remand the matter to the appeals referee with instructions.

(2) A copy of the order shall be mailed to the last known address of each of the parties or their representatives. The copies mailed to the parties shall include a notice advising them of their right to review of the order by the district courts of appeal.

(3) The designated Clerk of the Commission shall certify that the order was filed by the Clerk and was mailed to the parties at their last known addresses.

History

• Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(c), (d) FS. History–New 5-22-80, Formerly 38E-3.07, Amended 8-20-86, 8-7-01, Formerly 38E-3.007, 60BB-7.007, 73B-22.007, Amended 6-6-24, Reviewed 7-8-26.

Chapter 73B-22 REEMPLOYMENT ASSISTANCE APPEALS COMMISSION

Fla. Admin. Code R. 73B-22.001 Applicability

History

• Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(d) FS. History–New 5-22-80, Formerly 38E-3.01, 38E-3.001, 60BB-7.001, Repealed 12-6-16.

Fla. Admin. Code R. 73B-22.002 Review by the Commission

History

• Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(c), (d) FS. History–New 5-22-80, Formerly 38E-3.02, Amended 8-20-86, Formerly 38E-3.002, 60BB-7.002, Transferred to 73B-21.008.

Fla. Admin. Code R. 73B-22.003 Record on Appeal to the Commisison

History

• Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(d) FS. History–New 5-22-80, Formerly 38E-3.03, Amended 8-20-86, 1-5-93, Formerly 38E-3.003, 60BB-7.003, Amended 10-4-12, Transferred to 73B-21.009.

Fla. Admin. Code R. 73B-22.004 Briefs and Motions

History

• Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(d) FS. History–New 5-22-80, Formerly 38E-3.04, Amended 8-20-86, Formerly 38E-3.004, 60BB-7.004, Transferred to 73B-21.010.

Fla. Admin. Code R. 73B-22.005 Newly Discovered Evidence

History

• Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(d) FS. History–New 5-22-80, Formerly 38E-3.05, Amended 8-20-86, Formerly 38E-3.005, 60BB-7.005, Transferred to 73B-21.011.

Fla. Admin. Code R. 73B-22.006 Dismissals

History

• Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(c), (d) FS. History–New 5-22-80, Formerly 38E-3.06, Formerly 38E-3.006, 60BB-7.006, Repealed 1-4-17.

Fla. Admin. Code R. 73B-22.007 Orders of the Commission

History

• Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(c), (d) FS. History–New 5-22-80, Formerly 38E-3.07, Amended 8-20-86, 8-7-01, Formerly 38E-3.007, 60BB-7.007, Transferred to 73B-21.012.

Fla. Admin. Code R. 73B-22.008 Filing Notice of Appeal

History

• Rulemaking Authority 443.012(11) FS. Law Implemented 443.012(12), 443.151(4)(c)-(e) FS. History–New 5-22-80, Formerly 38E-3.08, Amended 8-20-86, Formerly 38E-3.008, 60BB-7.008, Repealed 6-6-24.

Fla. Admin. Code R. 73B-22.009 Record on Appeal to the Court

History

• Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(c)-(e) FS. History–New 5-22-80, Formerly 38E-3.09, Amended 10-5-86, 1-5-93, Formerly 38E-3.009, 60BB-7.009, Amended 10-4-12, 12-6-16, Repealed 6-6-24.

Fla. Admin. Code R. 73B-22.010 Duties of the Clerk; Preparation and Transmittal of Record

History

• Rulemaking Authority 443.012(11) FS. Law Implemented 443.151(4)(c)-(e) FS. History–New 5-22-80, Formerly 38E-3.10, Amended 8-20-86, Formerly 38E-3.010, 60BB-7.010, Repealed 1-4-17.