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
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5 ORIGINAL STAMP BELOW
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11 The Committee on Insurance offered the following:
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13 Substitute Amendment for Amendment (182513) (with title
14 amendment)
15 Remove from the bill: Everything after the enacting clause
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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
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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;
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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
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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
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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.
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15 And the title is amended as follows:
16 On page 1,line 7
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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;
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File original & 9 copies 04/11/00
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