Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. SB 854

041974

CHAMBER ACTION

Senate

Comm: RCS

3/4/2008

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House



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The Committee on Commerce (Saunders) recommended the following

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amendment:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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     Section 1.  Subsection (10) of section 443.101, Florida

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Statutes, is amended to read:

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     443.101  Disqualification for benefits.--An individual

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shall be disqualified for benefits:

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     (10)  Subject to the requirements of this subsection, if

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the claim is made based on the loss of employment as a leased

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employee for an employee leasing company or as a temporary

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employee for a temporary help firm.

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     (a)  As used in this subsection, the term:

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     1.  "Temporary help firm" means a firm that hires its own

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employees and assigns them to clients to support or supplement

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the client's workforce in work situations such as employee

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absences, temporary skill shortages, seasonal workloads, and

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special assignments and projects, and includes a labor pool as

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defined in s. 448.22. The term also includes a firm created by

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an entity licensed under s. 125.012(6), which hires employees

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assigned by a union for the purpose of supplementing or

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supporting the workforce of the temporary help firm's clients.

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The term does not include employee leasing companies regulated

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under part XI of chapter 468.

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     2.  "Temporary employee" means an employee assigned to work

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for the clients of a temporary help firm. The term also include

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a day laborer performing day labor, as defined in s. 448.22, who

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is employed by a labor pool as defined in s. 448.22.

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     3.  "Leased employee" means an employee assigned to work

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for the clients of an employee leasing company regulated under

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part XI of chapter 468.

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     (b)  A temporary or leased employee is deemed to have

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voluntarily quit employment and is disqualified for benefits

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under subparagraph (1)(a)1. if, upon conclusion of his or her

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latest assignment, the temporary or leased employee, without

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good cause, failed to contact the temporary help or employee-

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leasing firm for reassignment, if the employer advised the

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temporary or leased employee at the time of hire and that the

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leased employee is notified also at the time of separation that

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he or she must report for reassignment upon conclusion of each

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assignment, regardless of the duration of the assignment, and

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that unemployment benefits may be denied for failure to report.

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For purposes of this section, the time of hire for a day laborer

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is upon his or her acceptance of the first assignment following

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completion of an employment application with the labor pool.

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     Section 2.  This act shall take effect July 1, 2008.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete everything before the enacting clause

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and insert:

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A bill to be entitled

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An act relating to unemployment compensation; amending s.

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443.101, F.S.; redefining the term "temporary help firm"

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to include a labor pool; redefining the term "temporary

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employee" to include a day laborer who is employed by a

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labor pool; providing that a day laborer is disqualified

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for benefits following loss of employment with a labor

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pool; providing that the time of hire for a day laborer is

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upon acceptance of the first assignment with a labor pool;

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providing an effective date.

3/3/2008  11:55:00 AM     577-04331-08

CODING: Words stricken are deletions; words underlined are additions.