CS/CS/HB 1289 2024 CODING: Words stricken are deletions; words underlined are additions. hb1289-02-c2 Page 1 of 8 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S A bill to be entitled 1 An act relating to verification of reemployment 2 assistance benefit eligibility; providing a short 3 title; amending s. 443.101, F.S.; making a technical 4 change; revising circumstances under which the 5 Department of Commerce disqualifies claimants from 6 benefits; creating s. 443.1112, F.S.; requiring the 7 department to verify claimants' identities before 8 paying benefits; requiring the department to cross -9 check certain information; providing sources against 10 which such information is cross -checked; prohibiting 11 benefits from being paid for claims that have not been 12 cross-checked; providing an exception; providing 13 duties of the department; requiring the department to 14 maintain a web page and an e -mail address for a 15 specified purpose and to notify employers each year of 16 the web page and e-mail address; providing annual 17 reporting requirements; amending s. 445.011, F.S.; 18 requiring the department's job -matching information 19 system to contain certain elements; providing an 20 effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 Section 1. This act may be cited as the "Promoting Work, 24 Deterring Fraud Act of 2024." 25 CS/CS/HB 1289 2024 CODING: Words stricken are deletions; words underlined are additions. hb1289-02-c2 Page 2 of 8 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S Section 2. Subsection (2) of section 4 43.101, Florida 26 Statutes, is amended to read: 27 443.101 Disqualification for benefits. βAn individual shall 28 be disqualified for benefits: 29 (2) If the Department of Commerce Economic Opportunity 30 finds that the individual has failed without good cause to app ly 31 for available suitable work, including contacting the required 32 number of prospective employers per week for any week of 33 unemployment claimed in the benefit year in accordance with s. 34 443.091, or failed to appear on three or more occasions for a 35 scheduled job interview, to accept suitable work when offered to 36 him or her, to or return to the individual's customary self -37 employment when directed by the department , or to return to 38 employment when recalled to work by the individual's employer 39 after a temporary layoff, the disqualification continues for the 40 full period of unemployment next ensuing after he or she failed 41 without good cause to apply for available suitable work, accept 42 suitable work, or return to his or her customary self -43 employment, and until the individual has earned income of at 44 least 17 times his or her weekly benefit amount. The department 45 shall by rule adopt criteria to implement this subsection, 46 including for determining the "suitability of work," as used in 47 this section. In developing these rules, the department shall 48 consider the duration of a claimant's unemployment in 49 determining the suitability of work and the suitability of 50 CS/CS/HB 1289 2024 CODING: Words stricken are deletions; words underlined are additions. hb1289-02-c2 Page 3 of 8 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S proposed rates of compensation for available work. Further, 51 after an individual has received 25 weeks of benefits i n a 52 single year, suitable work is a job that pays the minimum wage 53 and is 120 percent or more of the weekly benefit amount the 54 individual is drawing. 55 (a) In determining whether or not any work is suitable for 56 an individual, the department shall consider the degree of risk 57 to the individual's health, safety, and morals; the individual's 58 physical fitness, prior training, experience, prior earnings, 59 length of unemployment, and prospects for securing local work in 60 his or her customary occupation; and the dist ance of the 61 available work from his or her residence. 62 (b) Notwithstanding any other provisions of this chapter, 63 work is not deemed suitable and benefits may not be denied to 64 any otherwise eligible individual for refusing to accept new 65 work under any of the following conditions: 66 1. The position offered is vacant due directly to a 67 strike, lockout, or other labor dispute. 68 2. The wages, hours, or other conditions of the work 69 offered are substantially less favorable to the individual than 70 those prevailing for similar work in the locality. 71 3. As a condition of being employed, the individual is 72 required to join a company union or to resign from or refrain 73 from joining any bona fide labor organization. 74 (c) If the department finds that an individual was 75 CS/CS/HB 1289 2024 CODING: Words stricken are deletions; words underlined are additions. hb1289-02-c2 Page 4 of 8 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S rejected for offered employment as the direct result of a 76 positive, confirmed drug test required as a condition of 77 employment, the individual is disqualified for refusing to 78 accept an offer of suitable work. 79 Section 3. Section 443.1112, Florida Statutes, is created 80 to read: 81 443.1112 Verification of reemployment assistance benefit 82 eligibility; detection of fraud. β 83 (1) The Department of Commerce must verify the identity of 84 each claimant who applies for reemployment assistance benefits 85 before paying any benefits to that individual. 86 (2) For the initial claim for benefits made by a claimant 87 and as necessary to verify a claimant's eligibility for 88 benefits, the department must cross -check the information 89 contained in the claim with information in the database of the 90 Systematic Alien Verification for Entitlements Program (SAVE) 91 established by the United States Bureau of Citizenship and 92 Immigration Services. 93 (3) For each week that a claimant makes a claim for 94 benefits, including the initial claim for b enefits, to verify a 95 claimant's eligibility for benefits, the department must cross -96 check the information contained in the claim with all of the 97 following sources or similar sources of information: 98 (a) The National Association of State Workforce Agencies 99 Integrity Data Hub. 100 CS/CS/HB 1289 2024 CODING: Words stricken are deletions; words underlined are additions. hb1289-02-c2 Page 5 of 8 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (b) The United States Department of Health and Human 101 Services National Directory of New Hires. 102 (c) The State Directory of New Hires created in s. 103 409.2576. 104 (d) The Department of Corrections inmate database. 105 (e) The Social Secur ity Administration Prisoner Update 106 Processing System. 107 (f) The Centers for Disease Control and Prevention 108 National Vital Statistics System death records database. 109 (g) The Department of Health Bureau of Vital Statistics 110 death records database. 111 (4) The department may not pay any week claimed by a 112 claimant that has not been cross -checked against all the sources 113 specified in subsections (2) and (3), as appropriate, or similar 114 sources of information. However, in any week in which any of the 115 sources specified are unavailable, the claim may be paid 116 provided that the department cross -checks the claimant's 117 information against the unavailable source upon its 118 availability. 119 (5) The department shall do all of the following: 120 (a) Investigate any claim in this stat e associated with a 121 mailing address, a bank account, an e -mail address, a telephone 122 number, or an Internet protocol address that is also associated 123 with another existing claim for reemployment assistance benefits 124 in this state or another state and verify t hat the claim in this 125 CS/CS/HB 1289 2024 CODING: Words stricken are deletions; words underlined are additions. hb1289-02-c2 Page 6 of 8 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S state is legitimate and not fraudulent before paying any 126 benefits for the claim. 127 (b) Scrutinize any claim in this state filed from a 128 foreign Internet protocol address before paying any benefits for 129 the claim. 130 (c) Work with the Uni ted States Department of Labor, the 131 United States Department of Justice, other state workforce 132 agencies, the Department of Law Enforcement, the state 133 attorneys, or the Office of the Statewide Prosecutor to share 134 information related to fraudulent claims or attempted fraudulent 135 claims to the extent feasible for further investigation and 136 proceedings brought under this chapter. 137 (d) Maintain a web page and an e -mail address through 138 which an individual or an employer may report known or suspected 139 violations of this chapter, including identity theft or fraud. 140 Each year, the department shall notify employers in the state of 141 this web page and e-mail address for reporting violations. 142 (e) Each year, make available on its website a report 143 identifying the number of f raudulent reemployment assistance 144 claims identified for the prior year, the number of claims not 145 paid due to successful detection of fraudulent intentions, the 146 number of claims and the amount of reemployment assistance 147 benefits paid against claims subseque ntly identified as 148 fraudulent, the amount of fraudulent overpayments recovered, and 149 the number of fraudulent claims referred for investigation and 150 CS/CS/HB 1289 2024 CODING: Words stricken are deletions; words underlined are additions. hb1289-02-c2 Page 7 of 8 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S possible prosecution. The report must also list the sources of 151 information that were used to cross -check claims during the 152 reporting period. 153 Section 4. Paragraph (b) of subsection (1) of section 154 445.011, Florida Statutes, is amended to read: 155 445.011 Consumer-first workforce system. β 156 (1) The department, in consultation with the state board, 157 the Department of Education, and the Department of Children and 158 Families, shall implement, subject to legislative appropriation, 159 an automated consumer -first workforce system that improves 160 coordination among required one -stop partners and is necessary 161 for the efficient an d effective operation and management of the 162 workforce development system. This system shall include, but 163 need not be limited to, the following: 164 (b)1. An automated job-matching information system that is 165 accessible to employers, job seekers, and other use rs via the 166 Internet, that is in alignment with the implementation of 20 167 C.F.R. s. 652.3, and that includes, at a minimum: 168 a.1. Skill match information, including skill gap 169 analysis; resume creation; job order creation; skill tests; job 170 search by area, employer type, and employer name; and training 171 provider linkage; 172 b.2. Job market information based on surveys, including 173 local, state, regional, national, and international occupational 174 and job availability information; and 175 CS/CS/HB 1289 2024 CODING: Words stricken are deletions; words underlined are additions. hb1289-02-c2 Page 8 of 8 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S c.3. Service provider informat ion, including education and 176 training providers, child care facilities and related 177 information, health and social service agencies, and other 178 providers of services that would be useful to job seekers. 179 2. The job-matching information system must use artif icial 180 intelligence generation for the purpose of matching participants 181 to jobs and training opportunities and must include a knowledge, 182 skills, and interests assessment for the purpose of guiding 183 participants to jobs and training opportunities. 184 Section 5. This act shall take effect July 1, 2024. 185