What would you do if you realized the Florida Unemployment Insurance program has mistakenly overpaid you $2,000? It would probably be tempting to keep quiet and pretend nothing happened. After all, if you are unemployed you probably need the money, right? This article looks into the Florida laws behind unemployment overpayments. We will look at the relevant legislation and explain the consequences of not paying (you might be surprised) as well as certain options on how and when to repay.

The key legislation on overpayment of unemployment benefits and their repayment is view 443.071 under the Penalties section of the Florida Unemployment Compensation law. 

1) Any person who makes a false statement or representation, knowing it to be false, or knowingly fails to disclose a material fact to obtain or increase any benefits or other payment under this chapter or under an employment security law of any other state, of the Federal Government, or of a foreign government, either for herself or himself or for any other person, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Each false statement or representation or failure to disclose a material fact constitutes a separate offense.

443.101 Disqualification for benefits. –

(6) For a period not to exceed 1 year from the date of the discovery by the Agency for Workforce Innovation of the making of any false or fraudulent representation for the purpose of obtaining benefits contrary to this chapter, constituting a violation under s. 443.071. This disqualification may be appealed in the same manner as any other disqualification imposed under this section. A conviction by any court of competent jurisdiction in this state of the offense prohibited or punished by s. 443.071 is conclusive upon the appeals referee and the commission of the making of the false or fraudulent representation for which disqualification is imposed under this section.

So, what can happen if you do not repay an overpayment in unemployment benefits?

There are three main scenarios.

1) If you were overpaid because you lied or misled the Florida Unemployment Insurance program, you could be guilty of a third degree felony. In this case the overpayment is treated as a fraud case and prosecuted by the state attorney.

2) If you were overpaid due to no fault of your own, the Unemployment Insurance program my garnish the overpayment from future wages.

3) Alternatively, the overpayment may be deducted from any pending or future unemployment benefits. It is up to the Florida Unemployment Insurance program which measures to take.

Of course, another option is to repay the overpayments voluntarily. You can do this by sending a money order to

Benefit Payment Control
P.O. Drawer 5050
Tallahassee, FL 32314-5050

The Florida Unemployment Insurance program recommends you pay at least 10 percent of your debt every month. However, you can always contact the Florida Agency for Work Innovation with any questions.

The state of Florida is the state with the third highest unemployment rate in the United States. The state unemployment insurance coffers are empty and the government has already started borrowing from the federal unemployment insurance trust fund to cover current unemployment insurance benefits. In an effort to curve this trend and lower the burden of unemployment insurance on businesses and the state treasury the state has followed the lead of several other states and reduced the unemployment insurance entitlement of Florida unemployed workers.

As of 2012 the maximum number of weeks of unemployment benefits available to Florida unemployed workers will no longer be 26 weeks as now, but 23 weeks. However, the Florida unemployment insurance program will not offer 23 weeks automatically, it will depend on the current unemployment rate. The idea is that during periods of low unemployment rate, unemployed workers receive less weeks of benefits than when the unemployment rate is high, because finding a job should be easier during periods of low unemployment than when unemployment is high.

For example, if the unemployment rate is 5 percent or less, the Florida Agency for Workforce Innovation will only pay 12 weeks of benefits. This reaction is a result of the hike in insurance taxes employers have suffered in the last three years. State projections estimated Florida employers would have to pay a minimum of $206.55 a year per worker in 2012, with this new bill companies will save up to $32.10 a year.

As you would expect, reactions to this new bill are mixed. Businesses and supporting lawmakers point to this as a business-friendly measure that will attract businesses to Florida and reduces the tax burden of the unemployment program. Note that under the current bill unemployed workers will have to provide additional information and jump through more hoops to receive the same benefits.

The reduction in state unemployment benefits also affects federal unemployment programs linked to the state unemployment program. For instance, the Extended Benefits program offers workers in high unemployment areas with up to 20 weeks of additional benefits. Yet, with the changes set by the new law, Extended Benefits weeks will no longer be available to workers because they are linked to the state program. In a nutshell, the new law will reduce the unemployment insurance benefits available to Florida workers will drop from a maximum of 99 weeks to 73 weeks. This could have serious consequences for long-term unemployed workers who struggle to find employment.  Florida is not alone in these tactics. Missouri and Michigan have gone further and reduced unemployment benefits to 20 weeks while Arkansas reduced unemployment benefits by one week.

The fact is businesses look at the bottom line when deciding where to manufacture goods and find workers. Those business that don’t, generally don’t last long. That is why many employment positions have moved to foreign countries such as Mexico, India and China, where wages are lower and governmental regulation is, let’s say, less intrusive and more flexible.

Unfortunately, this has caused many workers to lose their jobs when their employers have moved factories, call centers and the like to other countries. Once this happens in an area, it is hard for workers to find alternative employment in their line of work. Often, these workers require retraining to learn new skills which are still in demand in their region. However, retraining takes time and is likely to lengthen the time unemployed workers are searching for work.

To help Florida unemployed workers which have been affected by layoffs due to “trade adjustments” the Florida Agency of Workforce Innovation offers its workers access to the federal Trade Readjustment Allowances program. What must you do to qualify for this program?

First your employer must be a registered Trade Readjustment Assistance Program participant. To be a petitioner your employer must prove the layoffs are a direct result of competition from foreign goods or services.

Second, you must have been laid off due to lack of work. Regardless of whether or not your employer is a TRA petitioner, if you were fired or resign from your employment, you will not qualify for Trade Readjustment Allowances.

Third, your income during the last 26 weeks must have been of a minimum of $30 a week with a registered TRA petitioner. Notice you can count unemployment compensation and active military duty within these 26 weeks.

Fourth, you must qualify for regular unemployment compensation benefits from the State of Florida.

Notice TRA payments can behave as an extra unemployment compensation program once your regular state unemployment insurance program expires. This can increase your unemployment compensation program past your basic unemployment benefits. Even after TRA payments have expired you can apply for extended TRA if you are enrolled in TRA approved training. If you want more information, click on this link.

Businesses often have to deal with ups and downs in demand, whether they sell products or services. If a bad spell lasts for more than a few weeks, a business may be forced to let go one of its most valuable resources: its skilled workers.

If you are an employer, or a skilled worker, you know that training a worker is not cheap. It requires a lot of time and money to pay for courses and the one-on-one training a skilled worker needs. What is more, once you let go of a skilled worker, the chances of him or her being there waiting for you to rehire when work picks up are low. The chances are another business will be more than happy to pick up the slack and employ a skilled worker. This creates another problem for businesses who are forced to lay off workers: deal with the initial lack of work and then with the cost of retraining skilled workers once their business recovers.

The Florida Agency for Workforce Innovation understands this and has created a new program to help solve this problem for both employers and workers. The solution offered is the Short Time Compensation for Employees Program. This program helps employers who are going through hard times and employees at risk of being laid off with financial assistance to allow employers keep their workers while compensating workers for reduced work hours.

Program Requirements

To qualify for this program your employer needs to apply for the Short Time Compensation Plan with the Florida Agency for Workforce Innovation. For an employer to qualify he must include a minimum of 10 percent of its staff (no less than 2 workers) in the program and provide evidence of their previous normal weekly hours.

If you are included in the Short Term Compensation plan you will receive a payment for the hours reduction you have to endure for as long as your hours are reduced or one year goes by, whatever occurs first. You will have to report to the Florida Agency of Workforce Innovation with the hours you worked and any extra income from part-time employment or self-employment you received during the week.

Notice that eligibility for this program is similar to eligibility requirements for unemployment benefits and not all workers will qualify. Ask for assistance from your local Workforce Innovation office and your employer’s human resources manager. Click here for more information on this program.

If you have just lost your job, you probably have a lot of questions about Florida’s unemployment compensation program. This article focuses on the top 5 questions asked by workers and provides clear and simple answers.

Should I File My New Claim in Florida or Another State?

Good question. Where you should file for unemployment compensation depends on where you worked during the last 18 months and where you live. However, eligibility for other unemployment programs, such as the federal Extended Benefits program is dependent exclusively on where you live. Let us spell out all the possible scenarios.

1) If you live and worked in Florida during your base period, you should apply in Florida.

2) If you live in another state but worked in Florida during the last 18 months, you can also apply for UC benefits in Florida through an interstate claim.

However, if you live in another state and worked in several states during the last 18 months, you should apply in the state where you are living. Obviously, if you live in another state, and worked exclusively in that state during the last 18 months, you should apply for UC from that state.

How Do I File For UC Benefits?

You can do it online (click here), over the phone (1-800-204-2418) or by mail. If you choose to do it by mail, you will have to visit your local unemployment office and fill in a claim booklet. The address you must mail the application is included in the booklet.

When Will My Claim Start? How Long Do I Have To Wait To Get Paid?

The date of your application starts the Sunday of the week you file your first claim. Florida’s UC Agency will usually take around 2 weeks to process your application and there is a waiting week. So, you should generally receive your first check around three weeks after your file your first claim. Remember you will need to certify your weekly claim for your application to remain active.

How Can I Reopen My Claim?

If you find temporary work, or forget to certify a weekly benefit, your claim could be put on hold. You can reopen an existing claim online by clicking here, and following instructions. Alternatively, you can phone 1-800-204-2418 by choosing option 2 (after you selection your language).

Do I Have To Keep A Work Search Record?

Yes. Although all states require their workers to search for unemployment while receiving unemployment benefits, Florida specifically requires unemployed workers to fill in form AWI-UC 20A while receiving benefits. Click here to download AWI-UC 20A Work Search form.

When Do My Extended Benefits (EB) Start?

If you qualify or not for Extended Benefits depends largely on if the State of Florida qualifies for the EB program in the first place. Currently, Florida is in an EB period, which first started in April 29, 2009 and has  been extended three times. The last extension was on July 23, 2010 and was enacted by Governor Charlie Crist’s Executive Order. The current extension will expire on January 7, 2012. If you apply for Extended Benefits after this date your application will not be considered.

If you qualify for unemployment benefits with the EB program you must apply once your Emergency Unemployment Compensation (EUC) benefits have expired.

Do I Qualify for Unemployment Benefits with the Extended Benefits Program?

To qualify for EB payments you must be either unemployed or partially unemployed. Partially unemployed means your employer reduced your work hours out of no fault of your own or that you carry out some part time work while you search for full-time employment.

You must have also exhausted all other state and federal unemployment benefits. EB is a last resort program which focuses on long-term unemployed workers which have already exhausted other unemployment benefits.

How Much Will I Get Paid?

This depends on your Florida State Unemployment Insurance benefits. Whatever weekly amount you received through your Florida State UI benefits, you will also receive in Extended Benefits. Click here for instructions on how to calculate your Florida UI benefits. In a nutshell you get the quarter of your base period when you earned the most income and divide by 26. So, if you earned $2600 in your highest earning quarter, you will receive $100 a week.

What If I Live In Another State?

Eligibility for Extended Benefits (EB) is dependent on where you live, not where you work. So, if you worked in Florida but now live somewhere else you need to contact that state’s unemployment agency.

What Can I Do If I Don’t Agree With The Decision on My Appeal?

If you feel there has been a mistake with your application, you must apply for an appeal with the Florida Unemployment Agency. For more information and forms to file the complaint, visit www.FloridaJobes.org and download their Benefit Rights brochure. 

Whatever your question or problem it is a good idea to talk to an expert in person. You do not have to pay for employment benefits counsel, the Florida Unemployment Agency provides free advice at any of its OneStop Employment and Training Offices. Click here for an up-to-date list of offices and their contact details.

If this is the first time you apply for unemployment benefits or you haven’t done so for a long time, you probably have questions on how to file a new claim. In any event, the process for filing a new claim (especially for the EUC and EB programs) has changed recently, so a refresher course will be useful even if you have filed a claim recently.

Should I file my claim in Florida or somewhere else?

If you are asking that question you probably live in another state or worked in another state prior to filing your claim. There are several scenarios which determine where you should file a new claim.

You should file in Florida if you live and worked in Florida during your base period. You should also file in Florida if you live in Florida and have not worked here in the last 18 months, but need a determination stating you are ineligible to support another claim. You may also apply for a new claim in Florida if you live in another state but worked in Florida during your base period.

However, you should file your first claim in another state if you live in another state and only worked in that state during the last 18 months. You should also file elsewhere if you live in another state and have worked in more than one state during the last 18 months.

If you need help filing a new claim in another state, click here and follow the instructions. The website will help you find the closest One Stop Career Office.

How do I file for UI benefits in Florida?

If you qualify for filing unemployment benefits in Florid (see above) you can choose to file online, by clicking here, or over the phone by calling 1.800.204.2418. If you choose to file online you can do it any day at any time. If you choose to file over the phone you must call between 8 AM and 5 PM from Monday to Thursdays.

If you want to, you can also claim by mail. You can pick up an application at any One-Stop Career Center in Florida. Click here for a complete list of Career Centers Offices in Florida.

I lost my job some weeks ago. Can I backdate my unemployment claim?

No, sorry. Florida unemployment law is clear on this. Your claim date must be the week you actually file your claim.

The Florida Extended Benefits program is a last resort program for long term unemployed workers who have exhausted both their state unemployment insurance benefits and their Emergency Unemployment Compensation benefits. This federal program is only available during periods of high unemployment, as is the case now. However, once unemployment rates drop below a certain threshold or the program reaches its termination date, these benefits will finish.

Most people who receive Extended Benefits receive these payments for the first time, so it is understandable if you have questions on your EB payments. This article will provide a guide to the main features of the program. To keep the article relevant, we have used questions we often receive from our readers as a template.

When will the current EB period end?

As we mentioned above EB periods don’t last indefinitely as the Florida State Unemployment Insurance Program does. The current EB period started on December 17, 2010 and will continue up to January 7, 2012. This program is authorized under the 2010 Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act, which was enacted by executive order of Governor Charlie Christ.

What are the eligibility requirements for the Florida EB Program?

- You must be totally or partially employed. If your part time income is more than your weekly benefit amount, you no longer qualify.

- You must exhaust all your state UI benefits and EUC benefits before December 31, 2011. This includes eligibility for unemployment benefits from any other state or American territory. If you exhaust your regular state benefits on the week ending December 31, 2011, you will not qualify for EUC benefits but will qualify for one week of Extended Benefits.

- You must be fit and able to work.

- You must not refuse job offers you qualify for.

How Do I Claim?

You should receive a form in the mail as soon as your EUC benefits are close to running out. If you do not receive a form, and you think you qualify for EB payments, go to www.foridajobs.com and file online.

How Will I Receive My Payments?

You will receive your EB payments the same way you received your UI and EUC payments. However you can choose to change your method of payment (e.g. Direct Deposit or Direct Debit) once your application is approved.

I don’t live in Florida. How is my eligibility affected?

Your eligibility will depend on the EB requirements of the sate you live in. The EB program varies depending on your state and is funded by the federal government so apply for EB payments from the state you reside in.

If you were eligible for unemployment compensation during your benefit year (the one year period in which you have to use your available credit), you can not file another benefit claim until that year expires.

When you file your claim if you are deemed ineligible due to insufficient work and earnings in covered employment in the base period your wage transcript will be returned to you with an x in the box which states as the reason “No wage credits or Other”.

However on the reverse side you can appeal if you have proof that the earnings reported are incorrect. If the adjudicator contacts you to ask about the reasons for terminating your employment with your last or next to last employer, it is in order to verify whether or not the reasons qualify you for benefits. The adjudicator will also check over the other requirements for eligibility and confirm you comply with them. Once completed, a written determination will be mailed to both you and your employer.

If the determination is negative and you wish to appeal the address is:

Office of Appeals,

MSC 347 Caldwell Building,

107, East Madison Street, Tallahassee,

F1 32399-4143.

Fax 850-921-3524. Make sure you include your social security number and signature. Appeals must be signed so can only be filed by letter or fax but there is information about the appeal process on line at www.floridajobs.org.

To certify or qualify for weeks of unemployment benefit you need to meet all claim requirements and then you start to receive the weekly amount credited to you (after the waiting week in which no benefit is paid). If you had earnings up to the benefit amount then that week is not counted as your waiting week. Any changes of address can be made on line when you certify your claim. 

You can also modify the address you have on your file by phone by calling the Claims Assistance Center. If you have changed your address in this manner, when you claim for your weeks you must take care to answer NO when you are asked if you have changed your address since your last report day. DO NOT ANSWER YES or your claim will be stopped and you will have to wait until the stop is removed by a claims representative. Claim weeks are counted from Sunday to Saturday and you must report any earnings in the week you earned them even if you haven´t yet received your wages. However you may have earnings up to $58 before they have any effect on your benefits.

Your Florida wage transcript is what actually informs you as to whether or not your earnings are sufficient for you to make your benefit claim monetarily eligible. Your earnings during the base period of your claim are used to decide your eligibility. Your form shows your base period. That is, according to the Florida unemployment compensation law in Florida, the first four of the last 5 completed calendar quarters.

All the employers that have reported wage information and paid unemployment compensation taxes on your wages are listed. Covered employment means employment with an employer who covers your UC insurance to the Department of Revenue or who reimburses the Unemployment Compensation Trust Fund for benefits paid.

This program is not funded by deductions from your pay. The form shows you, if you are eligible, your WBA and the total credits available to you. If you are not eligible the reason will be given. Being monetarily eligible is the first step towards receiving unemployment benefits and so you can now establish a claim.

The next step will be the investigation of the reasons for your separation from your last employer or if necessary your next to last employer. This is to verify that the conditions of separation do not disqualify you for unemployment benefits. Your Unemployment Compensation Program booklet lists additional conditions that must be met. For a preview of the booklet you can see it on the internet www.fluidnow.com. The person who qualifies monetarily is one who has been paid wages in two or more calendar quarters in the base period and who has total wages in this of at least one or one and a half times the wages in the quarter having the highest earnings. The minimum total wages earned in the base period has to be at least $3,400.Using the quarter in the base period with the highest earnings you can calculate your weekly benefit amount (WBA) by dividing by 26. There is a minimum weekly amount of $32 and a maximum of $274.

Your maximum credits available can be calculated by taking the total wages in the base period as shown on the Wage Transcript and determination and divide the amount by 4. Credits range from a minimum of $850 to a maximum of $7150 and depend on your earnings during the base period. The number of weeks to which you are entitled to receive benefits is your total credits divided by the WBA. In Florida a claimant may not receive more than 26 weeks of regular benefits.

Your benefits are to be used within a one year period known as the benefit year. However should the regular benefits be exhausted before the end of the benefit year you will receive a letter of determination for an emergency benefit claim automatically established for you.