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
1
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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
2
CODING: Words stricken are deletions; words underlined are additions.
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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