Florida 2025 Regular Session

Florida House Bill H1157 Latest Draft

Bill / Comm Sub Version Filed 04/01/2025

                               
 
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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.; revising 4 
circumstances under which the Department of Commerce 5 
disqualifies claimants from reemployment assistance 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 duties of the 10 
department; requiring the department to maintain a web 11 
page for a specified purpose and to notify employers 12 
each year of the web page; providing annual reporting 13 
requirements; providing an effective date. 14 
 15 
Be It Enacted by the Legislature of the State of Florida: 16 
 17 
 Section 1. This act may be cited as the "Promoting Work, 18 
Deterring Fraud Act of 2025." 19 
 Section 2.  Subsection (2) of section 443.101, Florida 20 
Statutes, is amended to read: 21 
 443.101  Disqualification for benefits.—An individual shall 22 
be disqualified for benefits: 23 
 (2)  If the Department of Commerce finds that the 24 
individual has failed without good cause to apply for available 25     
 
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suitable work, including contacting the required number of 26 
prospective employers per week for any week of unemployment 27 
claimed in the benefit year in accordance with s. 443.091, or 28 
failed to appear on three or more occasions for a scheduled job 29 
interview without notifying the prospective employer of the need 30 
to cancel or reschedule the interview, to accept suitable work 31 
when offered to him or her, to or return to the individual's 32 
customary self-employment when directed by the department , or to 33 
return to employment when recalled to work by the individual's 34 
employer after a temporary layo ff, the disqualification 35 
continues for the full period of unemployment next ensuing after 36 
he or she failed without good cause to apply for available 37 
suitable work, accept suitable work, or return to his or her 38 
customary employment or self-employment, and until the 39 
individual has earned income of at least 17 times his or her 40 
weekly benefit amount. The department shall by rule adopt 41 
criteria to implement this subsection, including for determining 42 
the "suitability of work," as used in this section. In 43 
developing these rules, the department shall consider the 44 
duration of a claimant's unemployment in determining the 45 
suitability of work and the suitability of proposed rates of 46 
compensation for available work. Further, after an individual 47 
has received 25 weeks of b enefits in a single year, suitable 48 
work is a job that pays the minimum wage and is 120 percent or 49 
more of the weekly benefit amount the individual is drawing. 50     
 
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 (a)  In determining whether or not any work is suitable for 51 
an individual, the department shall consider the degree of risk 52 
to the individual's health, safety, and morals; the individual's 53 
physical fitness, prior training, experience, prior earnings, 54 
length of unemployment, and prospects for securing local work in 55 
his or her customary occupation; and the distance of the 56 
available work from his or her residence. 57 
 (b)  Notwithstanding any other provisions of this chapter, 58 
work is not deemed suitable and benefits may not be denied to 59 
any otherwise eligible individual for refusing to accept new 60 
work under any of the following conditions: 61 
 1.  The position offered is vacant due directly to a 62 
strike, lockout, or other labor dispute. 63 
 2.  The wages, hours, or other conditions of the work 64 
offered are substantially less favorable to the individual than 65 
those prevailing for similar work in the locality. 66 
 3.  As a condition of being employed, the individual is 67 
required to join a company union or to resign from or refrain 68 
from joining any bona fide labor organization. 69 
 (c)  If the department finds that an individua l was 70 
rejected for offered employment as the direct result of a 71 
positive, confirmed drug test required as a condition of 72 
employment, the individual is disqualified for refusing to 73 
accept an offer of suitable work. 74 
 Section 3.  Section 443.1112, Florida S tatutes, is created 75     
 
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to read: 76 
 443.1112  Verification of reemployment assistance benefit 77 
eligibility; detection of fraud. — 78 
 (1)  The Department of Commerce must verify the identity of 79 
each claimant who applies for reemployment assistance benefits 80 
before paying any benefits to that individual. 81 
 (2)  For the initial claim for benefits made by a claimant 82 
and as necessary to verify a claimant's eligibility for 83 
benefits, the department must cross -check the information 84 
contained in the claim with information in the database of the 85 
Systematic Alien Verification for Entitlements Program 86 
established by the United States Bureau of Citizenship and 87 
Immigration Services. 88 
 (3)  For every 2 weeks that a claimant makes a claim for 89 
benefits, including the initial claim for benefits, to verify a 90 
claimant's eligibility for benefits, the department must cross -91 
check the information contained in the claim to make sure that 92 
the claimant is: 93 
 (a)  Living. 94 
 (b)  Not incarcerated. 95 
 (c)  Not already employed. 96 
 (4)  The department sh all do all of the following: 97 
 (a)  Investigate any claim in this state associated with a 98 
mailing address, a bank account, an e -mail address, a telephone 99 
number, or an Internet protocol address that is also associated 100     
 
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with another existing claim for reemplo yment assistance benefits 101 
in this state or another state and verify that the claim in this 102 
state is legitimate and not fraudulent before paying any 103 
benefits for the claim. 104 
 (b)  Scrutinize any claim in this state filed from a 105 
foreign Internet protocol addr ess before paying any benefits for 106 
the claim. 107 
 (c)  Work with the United States Department of Labor, the 108 
United States Department of Justice, other state workforce 109 
agencies, the Department of Law Enforcement, the state 110 
attorneys, or the Office of the State wide Prosecutor to share 111 
information related to fraudulent claims or attempted fraudulent 112 
claims to the extent feasible for further investigation and 113 
proceedings brought under this chapter. 114 
 (d)  Maintain a web page through which an individual or an 115 
employer may report known or suspected violations of this 116 
chapter, including identity theft or fraud. Each year, the 117 
department shall notify employers in this state of this web page 118 
for reporting violations. 119 
 (e)  Each year, make available on its website a repor t 120 
identifying the number of fraudulent reemployment assistance 121 
claims identified for the prior year, the number of claims not 122 
paid due to successful detection of fraudulent intentions, the 123 
number of claims and the amount of reemployment assistance 124 
benefits paid against claims subsequently identified as 125     
 
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fraudulent, the amount of fraudulent overpayments recovered, and 126 
the number of fraudulent claims referred for investigation and 127 
possible prosecution. The report must also list the sources of 128 
information that were used to cross-check claims during the 129 
reporting period. 130 
 Section 4. This act shall take effect July 1, 2025. 131