Senate Bill sb2148

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    Florida Senate - 2004                                  SB 2148

    By Senator Hill





    1-1633-04                                               See HB

  1                      A bill to be entitled

  2         An act relating to unemployment compensation;

  3         amending s. 443.101, F.S.; limiting the scope

  4         of the definition of work applicable to

  5         disqualification for benefits; amending s.

  6         443.111, F.S.; providing an exception to full

  7         weekly benefits for totally unemployed persons

  8         under certain circumstances; amending s.

  9         443.151, F.S.; prohibiting overpayment

10         recoveries under certain circumstances;

11         providing an 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, based on a finding by the

24  Agency for Workforce Innovation. As used in this paragraph,

25  the term "work" means any work, whether full-time, part-time,

26  or temporary, other than part-time work engaged in by an

27  individual receiving partial benefits as provided in s.

28  443.111(4)(a).

29         1.  Disqualification for voluntarily quitting continues

30  for the full period of unemployment next ensuing after he or

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

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    Florida Senate - 2004                                  SB 2148
    1-1633-04                                               See HB




 1  work voluntarily without good cause and until the individual

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

 3  weekly benefit amount. As used in this subsection, the term

 4  "good cause" includes only that cause attributable to the

 5  employing unit or which consists of illness or disability of

 6  the individual requiring separation from his or her work. Any

 7  other disqualification may not be imposed. An individual is

 8  not disqualified under this subsection for voluntarily leaving

 9  temporary work to return immediately when called to work by

10  the permanent employing unit that temporarily terminated his

11  or her work within the previous 6 calendar months.

12         2.  Disqualification for being discharged for

13  misconduct connected with his or her work continues for the

14  full period of unemployment next ensuing after having been

15  discharged and until the individual has become reemployed and

16  has earned income of at least 17 times his or her weekly

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

18  follow that week, as determined by the Agency for Workforce

19  Innovation in each case according to the circumstances in each

20  case or the seriousness of the misconduct, under the agency's

21  rules adopted for determinations of disqualification for

22  benefits for misconduct.

23         Section 2.  Paragraph (a) of subsection (4) of section

24  443.111, Florida Statutes, is amended to read:

25         443.111  Payment of benefits.--

26         (4)  WEEKLY BENEFIT FOR UNEMPLOYMENT.--

27         (a)  Total.--Each eligible individual who is totally

28  unemployed in any week is paid for the week a benefit equal to

29  her or his weekly benefit amount, except that an individual

30  receiving partial benefits under paragraph (b) who becomes

31  totally unemployed by voluntarily leaving his or her part-time

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    Florida Senate - 2004                                  SB 2148
    1-1633-04                                               See HB




 1  work without cause attributable to his or her employing unit

 2  shall continue to receive only the partial benefits for which

 3  he or she was eligible under paragraph (b) before such event

 4  occurred.

 5         Section 3.  Paragraph (c) of subsection (6) of section

 6  443.151, Florida Statutes, is amended to read:

 7         443.151  Procedure concerning claims.--

 8         (6)  RECOVERY AND RECOUPMENT.--

 9         (c)  Recoupment from future benefits and recovery of

10  overpayments are is not permitted if the benefits are received

11  by such person without fault on the person's part and

12  recoupment or recovery would defeat the purpose of this

13  chapter or would be inequitable and against good conscience.

14         Section 4.  This act shall take effect upon becoming a

15  law.

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