Brief Update on Recent Activities By David Daniel, Florida PEO Lobbyist

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Update on Recent Activities related to COVID-19 from FAPEO –

There is a lot of COVID-19 related activity we have been working on for Florida PEOs as we face these uncertain times.  This email is intended summarize our recent work.

Emergency Orders at DBPR

With the required annual financial reports due to the Department of Business and Professional Regulation we contacted Secretary Beshears and asked that he issue an order delaying their due date.  Secretary Beshears indicated to us would be taken care of.

DBPR Emergency Order 2020 – 01 was issued March 16.  In the order Secretary Beshears suspends and tolls for 30 days any existing renewal deadline for a license, permit registration or certificate.

DBPR Emergency Order 2020 – 03 was issued March 23, 2020.  The order suspends and tolls through May 31, 2020 all time requirements, notice requirements and deadlines for final agency action or applications for permits, licenses, rates and other approvals under any statutes or rules.

Unemployment Compensation

As you can imagine there are reports from DEO of increased filings for unemployment compensation insurance.  While the UC Fund has significant resources available, as we have seen in the last recession, the unemployment compensation trust fund can go from flush to negative in a short amount of time.

It is expected with the dramatic decline in business activity related to the social distancing and businesses closures, employers will be forced to make some tough decisions with their workforce.  As you know, 443.131 F.S allows the Department of Economic Opportunity the ability to not charge an employer’s unemployment compensation contribution rate for a declared national disaster or an disaster of national significance.  Further, 443. 116 F.S. creates the short-time compensation program which allows an employer to reduce work for employees in lieu of layoffs with DEO approval.  We have requested DEO make the decision that this event and the subsequent layoffs which will follow are not chargeable to an employer’s unemployment compensation rate.  Further we have asked that if an employer chooses a short-time compensation arrangement it would also not be chargeable to their UC rate.

To that end, last week Governor DeSantis indicated in a press conference this event would not be charged to an employer’s unemployment compensation rate.  We are awaiting the official announcement from DEO.  There is no word yet on the short-time compensation and will let you know when we hear more from DEO.

Essential Business Sectors under CISA Guidance

The state and the country have been grappling with the impacts of decisions on social distancing, shelter in place orders and mandatory business closures.  Several counties have already issued emergency orders closing non-essential employers including Miami-Dade, Broward, Alachua and Duval counties.  We have asked the Governor’s Office to include professional employer organizations as essential critical infrastructure workers in any statewide emergency order mandating business closure.  At the direction of the Governor’s Office, we have based our request on Cybersecurity and Infrastructure Security Agency guidance.  (See attached)

While the decision to issue a statewide emergency order closing all non-essential businesses has as not been made to date, our proactive efforts have placed us in the best possible position to remain open.

Additional Readings – Statues Issued

443.131 F.S. – Click here to read more.

443.1116-F.S. – Click here to read more.

DBPR – Emergency Order 2020 – Click here to read more.

CISA Guidance on Essential Critical Infrastructure Workers – Click here to read more. 

State of Florida Emergency Order – Click here to read more.