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





                                                   HOUSE AMENDMENT

                                                   Bill No. HB 637

    Amendment No. 1 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  The Committee on Insurance offered the following:

12

13         Substitute Amendment for Amendment (182513) (with title

14  amendment) 

15  Remove from the bill:  Everything after the enacting clause

16

17  and insert in lieu thereof:

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

19  443.101, Florida Statutes, is amended to read:

20         443.101  Disqualification for benefits.--An individual

21  shall be disqualified for benefits:

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

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

24  her employing unit or in which the individual has been

25  discharged by his or her employing unit for misconduct

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

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

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

29         1.  Disqualification for voluntarily quitting shall

30  continue for the full period of unemployment next ensuing

31  after he or she has left his or her full-time, part-time, or

                                  1

    File original & 9 copies    04/11/00
    hin0002                     06:45 pm         00637-in  -655901




                                                   HOUSE AMENDMENT

                                                   Bill No. HB 637

    Amendment No. 1 (for drafter's use only)





 1  temporary work voluntarily without good cause and until such

 2  individual has earned income equal to or in excess of 17 times

 3  his or her weekly benefit amount. No other disqualification

 4  may be imposed.; The term "good cause" as used in this

 5  subsection includes only such cause as is attributable to the

 6  employing unit or which consists of illness or disability of

 7  the individual requiring separation from his or her work or

 8  being a victim of domestic violence which results in being

 9  separated from work due to circumstances directly resulting

10  from the individual's experience of domestic violence as

11  defined in s. 414.0252. In addition, the victim must relocate

12  to avoid the domestic violence.

13         a.  An individual's separation from work shall be

14  treated as due to circumstances directly resulting from the

15  individual's experience of domestic violence if the individual

16  establishes satisfactory proof, including corroborating

17  evidence, which may include, but is not limited to, one of the

18  following:

19         i.  A restraining order or equitable relief;

20         ii.  Police record documenting domestic violence;

21         iii.  Proof of conviction of the domestic violence

22  perpetrator;

23         iv.  Medical documentation of domestic violence;

24         v.  Certification from a certified domestic violence

25  specialist that the individual is a domestic violence victim;

26  or

27         vi.  Other documentation from a social worker, clergy

28  member, shelter worker, or other professional who assisted the

29  domestic violence victim in dealing with domestic violence.

30         b.  If an individual's separation from work is

31  determined by the Division of Unemployment Compensation to be

                                  2

    File original & 9 copies    04/11/00
    hin0002                     06:45 pm         00637-in  -655901




                                                   HOUSE AMENDMENT

                                                   Bill No. HB 637

    Amendment No. 1 (for drafter's use only)





 1  due to circumstances directly resulting from the individual's

 2  experience of domestic violence, an individual residing in

 3  Florida shall be referred to a certified domestic violence

 4  center to develop a plan to prepare the individual for

 5  self-sufficiency, while providing for the safety of the

 6  individual and the individual's dependents.

 7         c.  Funding for unemployment compensation claims based

 8  upon domestic violence shall be made only if provided by

 9  specific appropriation in this act or in the General

10  Appropriations Act specific to this purpose. The division must

11  determine that no other qualifying conditions for unemployment

12  compensation benefits exist prior to qualifying a victim of

13  domestic violence for the benefits provided in this section.

14  The division shall refer the domestic violence victim to the

15  appropriate agency, organization, or domestic violence center

16  that provides counseling and supportive services. These

17  referrals shall be made in such a manner as to protect the

18  individual's confidentiality.

19         d.  No other disqualification may be imposed. An

20  individual shall not be disqualified under this subsection for

21  voluntarily leaving temporary work to return immediately when

22  called to work by the permanent employing unit that

23  temporarily terminated his or her work within the previous 6

24  calendar months.

25         2.  Disqualification for being discharged for

26  misconduct connected with his or her work shall continue for

27  the full period of unemployment next ensuing after having been

28  discharged and until such individual has become reemployed and

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

30  benefit amount and for not more than 52 weeks that immediately

31  follow such week, as determined by the division in each case

                                  3

    File original & 9 copies    04/11/00
    hin0002                     06:45 pm         00637-in  -655901




                                                   HOUSE AMENDMENT

                                                   Bill No. HB 637

    Amendment No. 1 (for drafter's use only)





 1  according to the circumstances in each case or the seriousness

 2  of the misconduct, pursuant to rules of the division enacted

 3  for determinations of disqualification for benefits for

 4  misconduct.

 5         Section 2.  There is appropriated from the General

 6  Revenue Fund to the Department of Labor and Employment

 7  Security, Division of Unemployment Compensation, the sum of

 8  $200,000 for the purpose of paying unemployment claims for

 9  victims of domestic violence as provided in section

10  443.101(1)(a)1., Florida Statutes.

11         Section 3.  This act shall take effect July 1, 2000.

12

13

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

15  And the title is amended as follows:

16         On page 1,line 7

17

18  after the semicolon, insert:

19         prescribing conditions; requiring satisfactory

20         proof; requiring referral to a certified

21         domestic violence center; conditioning payment

22         of claims based on domestic violence upon

23         specific appropriation; providing an

24         appropriation;

25

26

27

28

29

30

31

                                  4

    File original & 9 copies    04/11/00
    hin0002                     06:45 pm         00637-in  -655901