House Bill 0935

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    Florida House of Representatives - 1999                 HB 935

        By Representatives Frankel, Chestnut and Dockery






  1                      A bill to be entitled

  2         An act relating to unemployment compensation;

  3         amending s. 443.101, F.S.; specifying domestic

  4         violence as an additional criterion of "good

  5         cause" for purposes of an exception from

  6         disqualification from certain benefits for

  7         separating from employment; providing grounds

  8         for separating from employment due to domestic

  9         violence; providing for confidentiality of

10         evidence of domestic violence; providing an

11         effective date.

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13  Be It Enacted by the Legislature of the State of Florida:

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15         Section 1.  Paragraph (a) of subsection (1) of section

16  443.101, Florida Statutes, is amended to read:

17         443.101  Disqualification for benefits.--An individual

18  shall be disqualified for benefits:

19         (1)(a)  For the week in which he or she has voluntarily

20  left his or her work without good cause attributable to his or

21  her employing unit or in which the individual has been

22  discharged by his or her employing unit for misconduct

23  connected with his or her work, if so found by the division.

24  The term "work," as used in this paragraph, means any work,

25  whether full-time, part-time, or temporary.

26         1.  Disqualification for voluntarily quitting shall

27  continue for the full period of unemployment next ensuing

28  after he or she has left his or her work voluntarily without

29  good cause and until such individual has earned income equal

30  to or in excess of 17 times his or her weekly benefit amount;

31  "good cause" as used in this subsection shall include only

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    Florida House of Representatives - 1999                 HB 935

    115-190-99






  1  such cause as is attributable to the employing unit or which

  2  consists of illness or disability of the individual requiring

  3  separation from his or her work or an individual's separation

  4  from employment due to circumstances directly resulting from

  5  the individual's experience of domestic violence.  An

  6  individual shall not be disqualified under this subsection for

  7  voluntarily leaving temporary work to return immediately when

  8  called to work by the permanent employing unit that

  9  temporarily terminated his or her work within the previous 6

10  calendar months.

11         a.  An employee's separation from employment shall be

12  treated as due to circumstances directly resulting from the

13  individual's experience of domestic violence if the separation

14  resulted from:

15         (I)  The employee's reasonable fear of future domestic

16  violence at or en route to or from the employee's place of

17  employment;

18         (II)  The employee's wish to relocate to another

19  geographic area in order to avoid future domestic violence

20  against the employee or the employee's family;

21         (III)  The employee's need to recover from traumatic

22  stress resulting from the employee's experience of domestic

23  violence; or

24         (IV)  Any other circumstance in which domestic violence

25  causes the employee to reasonably believe that termination of

26  employment is necessary for the future safety of the employee

27  or the employee's family.

28         b.  All evidence of domestic violence experienced by an

29  employee, including an employee's statement, any corroborating

30  evidence, and the fact that an employee has applied for or

31  inquired about unemployment compensation shall be retained in

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    Florida House of Representatives - 1999                 HB 935

    115-190-99






  1  the strictest confidence by the division, except to the extent

  2  the employee gives consent when disclosure is necessary to

  3  protect the employee's safety.

  4         2.  Disqualification for being discharged for

  5  misconduct connected with his or her work shall continue for

  6  the full period of unemployment next ensuing after having been

  7  discharged and until such individual has become reemployed and

  8  has earned income not less than 17 times his or her weekly

  9  benefit amount and for not more than 52 weeks which

10  immediately follow such week, as determined by the division in

11  each case according to the circumstances in each case or the

12  seriousness of the misconduct, pursuant to rules of the

13  division enacted for determinations of disqualification for

14  benefits for misconduct.

15         Section 2.  This act shall take effect October 1, 1999.

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18                          HOUSE SUMMARY

19
      Specifies domestic violence as an additional criterion of
20    "good cause" for purposes of an exception from
      disqualification from unemployment benefits for
21    separating from employment. Provides grounds for
      separating from employment due to domestic violence and
22    provides for confidentiality of evidence of domestic
      violence.
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