{
    "schema": "amendsignal.record/1",
    "generated_on": "2026-11-04",
    "publisher": {
        "name": "AmendSignal",
        "url": "https://amendsignal.com/"
    },
    "notice": "Coverage is limited, so a missing record does not mean nothing changed. General information, not legal advice. Check the official source. Please cite the record's url.",
    "change": {
        "id": 68,
        "url": "https://amendsignal.com/changes/florida-department-of-commerce-proposes-a-flat-12-week-disqualification/",
        "title": "Florida Department of Commerce proposes a flat 12-week disqualification for discharges for serious or extreme misconduct",
        "change_type": "proposed_rule",
        "change_type_label": "Proposed rule",
        "status": "withdrawn",
        "status_label": "Withdrawn",
        "status_statement": "As of our last check on November 3, 2026, this has been withdrawn.",
        "significance": null,
        "jurisdiction": {
            "code": "US-FL",
            "name": "Florida"
        },
        "authority": {
            "name": "Florida Department of Commerce",
            "short_name": "FloridaCommerce"
        },
        "identifiers": [
            {
                "type": "far_notice_id",
                "label": "Florida Administrative Register notice",
                "value": "30762985"
            },
            {
                "type": "fac_rule_number",
                "label": "Florida Administrative Code rule",
                "value": "73B-11.020"
            },
            {
                "type": "far_notice_id",
                "label": "Florida Administrative Register notice",
                "value": "30770066"
            }
        ],
        "dates": [
            {
                "type": "publication",
                "label": "Published",
                "value": "2026-04-09",
                "precision": "day"
            },
            {
                "type": "comment_open",
                "label": "Comment period opens",
                "value": "2026-04-09",
                "precision": "day"
            },
            {
                "type": "comment_close",
                "label": "Comments due",
                "value": "2026-04-30",
                "precision": "day"
            }
        ],
        "in_short": {
            "what_changed": "The Florida Department of Commerce proposes cutting the weeks of disqualification after a discharge for misconduct to 12 weeks, for both extreme misconduct (now 27 to 52 weeks) and serious misconduct (now 13 to 26 weeks). The proposal leaves the listed types of serious misconduct unchanged.",
            "whos_affected": "Former employees whose discharge is found to be for misconduct connected with work, and the Florida employers that discharged them. The notice sets no limit by employer size, type or industry.",
            "what_to_do": "This proposed rule creates no new duties for employers. If you want a public hearing, or want to send cost information or a lower cost alternative, the notice gives 21 days from its date."
        },
        "summary": "The Florida Department of Commerce proposes to amend rule 73B-11.020 so that a claimant discharged for extreme misconduct (a felony in connection with work) or serious misconduct would face 12 weeks of disqualification. The current rule text sets 27 to 52 weeks for extreme misconduct and 13 to 26 weeks for serious misconduct. This is a proposal only and creates no duty for employers, and the notice allows 21 days from its date to request a hearing or to submit cost information or a lower cost alternative.",
        "business_functions": {
            "state": "limited",
            "functions": [
                {
                    "slug": "human-resources",
                    "name": "Human resources"
                },
                {
                    "slug": "legal-and-compliance",
                    "name": "Legal and compliance"
                }
            ]
        },
        "added_on": "2026-11-03",
        "updated_on": null,
        "updates_in_progress": null,
        "last_checked": "2026-11-03",
        "record_url": "https://amendsignal.com/changes/florida-department-of-commerce-proposes-a-flat-12-week-disqualification/record.json",
        "what_changed": [
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "The proposal would set 12 weeks of disqualification for extreme misconduct, replacing the current range of 27 to 52 weeks. Extreme misconduct is when the claimant commits a felony in connection with work.",
                "evidence": [
                    {
                        "source": "https://flrules.org/Gateway/View_notice.asp?id=30762985",
                        "locator": "73B-11.020(1)",
                        "excerpt": "(1) Extreme misconduct will warrant [added: 12] [deleted: 27 to 52] weeks of disqualification. Extreme misconduct occurs when the claimant commits a felony in connection with work."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "The proposal would set 12 weeks of disqualification for serious misconduct, replacing the current range of 13 to 26 weeks.",
                "evidence": [
                    {
                        "source": "https://flrules.org/Gateway/View_notice.asp?id=30762985",
                        "locator": "73B-11.020(2)",
                        "excerpt": "(2) Serious misconduct will warrant [added: 12] [deleted: 13 to 26] weeks of disqualification."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "The list of conduct that counts as serious misconduct (paragraphs (2)(a) through (2)(d)) and paragraph (3) of the rule would not change.",
                "evidence": [
                    {
                        "source": "https://flrules.org/Gateway/View_notice.asp?id=30762985",
                        "locator": "73B-11.020(2)",
                        "excerpt": "(a) No change."
                    },
                    {
                        "source": "https://flrules.org/Gateway/View_notice.asp?id=30762985",
                        "locator": "73B-11.020(3)",
                        "excerpt": "(3) No change."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "The agency found the proposal will not have an adverse impact on small business or raise regulatory costs above $200,000 in the aggregate within one year, did not prepare a statement of estimated regulatory costs, and does not expect it to need legislative ratification.",
                "evidence": [
                    {
                        "source": "https://flrules.org/Gateway/View_notice.asp?id=30762985",
                        "locator": "SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION",
                        "excerpt": "The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule."
                    },
                    {
                        "source": "https://flrules.org/Gateway/View_notice.asp?id=30762985",
                        "locator": "SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION",
                        "excerpt": "The Agency has determined that the proposed rule is not expected to require legislative ratification"
                    }
                ]
            }
        ],
        "who_is_affected": [
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "The disqualification periods apply when it is determined that a claimant's discharge was for misconduct connected with work.",
                "evidence": [
                    {
                        "source": "https://flrules.org/Gateway/View_notice.asp?id=30762985",
                        "locator": "73B-11.020",
                        "excerpt": "When it is determined a discharge was for misconduct connected with work, the following weeks of disqualification apply:"
                    }
                ]
            },
            {
                "kind": "inference",
                "kind_label": "Our analysis",
                "text": "AmendSignal reads this as affecting former employees who file claims with the Florida Department of Commerce's Division of Workforce Services after being fired for misconduct, and the employers that discharged them. The notice does not limit it by employer size, type or industry.",
                "evidence": [
                    {
                        "source": "https://flrules.org/Gateway/View_notice.asp?id=30762985",
                        "locator": "Heading",
                        "excerpt": "Division of Workforce Services"
                    },
                    {
                        "source": "https://flrules.org/Gateway/View_notice.asp?id=30762985",
                        "locator": "73B-11.020",
                        "excerpt": "When it is determined a discharge was for misconduct connected with work, the following weeks of disqualification apply:"
                    }
                ]
            }
        ],
        "business_implications": [
            {
                "kind": "inference",
                "kind_label": "Our analysis",
                "text": "If adopted, a worker fired for a work-related felony or for serious misconduct would face a shorter and fixed disqualification period, so such former employees could become eligible sooner than under the current ranges.",
                "evidence": [
                    {
                        "source": "https://flrules.org/Gateway/View_notice.asp?id=30762985",
                        "locator": "PURPOSE AND EFFECT",
                        "excerpt": "The proposed rule amendment changes the amount of weeks of disqualification for extreme misconduct and serious misconduct to 12 weeks."
                    }
                ]
            },
            {
                "kind": "inference",
                "kind_label": "Our analysis",
                "text": "Extreme and serious misconduct would carry the same 12-week disqualification, so the difference between the two categories would no longer change the length of disqualification.",
                "evidence": [
                    {
                        "source": "https://flrules.org/Gateway/View_notice.asp?id=30762985",
                        "locator": "73B-11.020(1)",
                        "excerpt": "(1) Extreme misconduct will warrant [added: 12] [deleted: 27 to 52] weeks of disqualification."
                    },
                    {
                        "source": "https://flrules.org/Gateway/View_notice.asp?id=30762985",
                        "locator": "73B-11.020(2)",
                        "excerpt": "(2) Serious misconduct will warrant [added: 12] [deleted: 13 to 26] weeks of disqualification."
                    }
                ]
            }
        ],
        "required_actions": [],
        "recommended_actions": [
            {
                "kind": "recommendation",
                "kind_label": "Our suggestion",
                "text": "If you have information on regulatory costs or a lower cost alternative, consider sending it in writing to the contact named in the notice within the 21-day window.",
                "evidence": [
                    {
                        "source": "https://flrules.org/Gateway/View_notice.asp?id=30762985",
                        "locator": "SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION",
                        "excerpt": "Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice."
                    }
                ]
            },
            {
                "kind": "recommendation",
                "kind_label": "Our suggestion",
                "text": "If you want to be heard on the proposal, consider requesting a hearing within 21 days of the notice; the agency says it will schedule one if asked.",
                "evidence": [
                    {
                        "source": "https://flrules.org/Gateway/View_notice.asp?id=30762985",
                        "locator": "Hearing",
                        "excerpt": "IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR."
                    }
                ]
            },
            {
                "kind": "recommendation",
                "kind_label": "Our suggestion",
                "text": "Consider tracking the proposal and, if it is adopted, updating any internal guidance or training that describes disqualification ranges of 27 to 52 weeks or 13 to 26 weeks after a misconduct discharge.",
                "evidence": [
                    {
                        "source": "https://flrules.org/Gateway/View_notice.asp?id=30762985",
                        "locator": "73B-11.020(1)",
                        "excerpt": "(1) Extreme misconduct will warrant [added: 12] [deleted: 27 to 52] weeks of disqualification."
                    },
                    {
                        "source": "https://flrules.org/Gateway/View_notice.asp?id=30762985",
                        "locator": "73B-11.020(2)",
                        "excerpt": "(2) Serious misconduct will warrant [added: 12] [deleted: 13 to 26] weeks of disqualification."
                    }
                ]
            }
        ],
        "required_actions_assessment": {
            "state": "assessed",
            "text": "This is a proposed rule. It creates no requirement for employers, and the rule text itself places no duty on employers."
        },
        "applicability": [
            {
                "criterion": "where",
                "label": "Where",
                "answer": "Florida, United States",
                "kind": "fact",
                "kind_label": "From the source",
                "evidence": []
            },
            {
                "criterion": "employer_type",
                "label": "Employers",
                "answer": "Florida employers whose former employees are found to have been discharged for misconduct connected with work; the notice does not limit it by employer type.",
                "kind": "inference",
                "kind_label": "Our analysis",
                "evidence": [
                    {
                        "source": "https://flrules.org/Gateway/View_notice.asp?id=30762985",
                        "locator": "73B-11.020",
                        "excerpt": "When it is determined a discharge was for misconduct connected with work, the following weeks of disqualification apply:"
                    }
                ]
            },
            {
                "criterion": "size",
                "label": "Size",
                "answer": "The notice sets no size threshold, and the agency found no adverse impact on small business.",
                "kind": "inference",
                "kind_label": "Our analysis",
                "evidence": [
                    {
                        "source": "https://flrules.org/Gateway/View_notice.asp?id=30762985",
                        "locator": "SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION",
                        "excerpt": "The Agency has determined that this will not have an adverse impact on small business"
                    }
                ]
            },
            {
                "criterion": "industries",
                "label": "Industries",
                "answer": "All industries; the notice names none.",
                "kind": "inference",
                "kind_label": "Our analysis",
                "evidence": [
                    {
                        "source": "https://flrules.org/Gateway/View_notice.asp?id=30762985",
                        "locator": "73B-11.020",
                        "excerpt": "When it is determined a discharge was for misconduct connected with work, the following weeks of disqualification apply:"
                    }
                ]
            },
            {
                "criterion": "functions",
                "label": "Functions",
                "answer": "Human resources and legal or compliance teams that handle misconduct discharges and former employees' claims.",
                "kind": "inference",
                "kind_label": "Our analysis",
                "evidence": [
                    {
                        "source": "https://flrules.org/Gateway/View_notice.asp?id=30762985",
                        "locator": "73B-11.020",
                        "excerpt": "When it is determined a discharge was for misconduct connected with work, the following weeks of disqualification apply:"
                    }
                ]
            },
            {
                "criterion": "applies_if",
                "label": "Applies if",
                "answer": "A former employee's discharge is determined to be for misconduct connected with work.",
                "kind": "fact",
                "kind_label": "From the source",
                "evidence": [
                    {
                        "source": "https://flrules.org/Gateway/View_notice.asp?id=30762985",
                        "locator": "73B-11.020",
                        "excerpt": "When it is determined a discharge was for misconduct connected with work, the following weeks of disqualification apply:"
                    }
                ]
            },
            {
                "criterion": "action",
                "label": "Action",
                "answer": "Nothing is required now; consider requesting a hearing or sending cost information within 21 days of the notice.",
                "kind": "recommendation",
                "kind_label": "Our suggestion",
                "evidence": [
                    {
                        "source": "https://flrules.org/Gateway/View_notice.asp?id=30762985",
                        "locator": "Hearing",
                        "excerpt": "IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR."
                    }
                ]
            }
        ],
        "open_questions": [
            {
                "question": "On what calendar date does the 21-day window to request a hearing or submit cost information close?",
                "context": "The notice counts 21 days from its own date but does not state the date it was published."
            },
            {
                "question": "Would the shorter disqualification period affect employers' accounts or tax rates?",
                "context": "The notice changes only the weeks of disqualification and does not say whether employers would see any cost or account effect beyond its finding of no adverse impact on small business."
            }
        ],
        "events": [
            {
                "event_type": "rule_development",
                "label": "Rule development noticed",
                "occurred_on": "2025-12-11",
                "summary": "Notice of Rule Development: Development 73B-11.020",
                "source": "https://flrules.org/Gateway/View_notice.asp?id=30315524"
            },
            {
                "event_type": "originating_action",
                "label": "Issued",
                "occurred_on": "2026-04-09",
                "summary": "Notice of Proposed Rule: Determinations Regarding Discharge for Misconduct",
                "source": "https://flrules.org/Gateway/View_notice.asp?id=30762985"
            },
            {
                "event_type": "withdrawal",
                "label": "Withdrawn and replaced",
                "occurred_on": "2026-04-10",
                "summary": "Notice of Change/Withdrawal/Correction: Determinations Regarding Discharge for Misconduct",
                "source": "https://flrules.org/Gateway/View_notice.asp?id=30770066"
            }
        ],
        "corrections": [],
        "sources": [
            {
                "label": "Notice of Proposed Rule: 73B-11.020 Determinations Regarding Discharge for Misconduct",
                "publisher": "Florida Administrative Register",
                "role": "primary",
                "url": "https://flrules.org/Gateway/View_notice.asp?id=30762985"
            },
            {
                "label": "Development 73B-11.020",
                "publisher": "Florida Administrative Register",
                "role": "related",
                "url": "https://flrules.org/Gateway/View_notice.asp?id=30315524"
            },
            {
                "label": "Notice of Change/Withdrawal/Correction: 73B-11.020 Determinations Regarding Discharge for Misconduct",
                "publisher": "Florida Administrative Register",
                "role": "related",
                "url": "https://flrules.org/Gateway/View_notice.asp?id=30770066"
            }
        ]
    }
}
