| 1 | A bill to be entitled |
| 2 | An act relating to unemployment compensation; amending s. |
| 3 | 443.101, F.S.; limiting the scope of the definition of |
| 4 | work applicable to disqualification for benefits; amending |
| 5 | s. 443.111, F.S.; providing an exception to full weekly |
| 6 | benefits for totally unemployed persons under certain |
| 7 | circumstances; amending s. 443.151, F.S.; prohibiting |
| 8 | overpayment recoveries under certain circumstances; |
| 9 | providing an effective date. |
| 10 |
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| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
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| 13 | Section 1. Paragraph (a) of subsection (1) of section |
| 14 | 443.101, Florida Statutes, is amended to read: |
| 15 | 443.101 Disqualification for benefits.--An individual |
| 16 | shall be disqualified for benefits: |
| 17 | (1)(a) For the week in which he or she has voluntarily |
| 18 | left his or her work without good cause attributable to his or |
| 19 | her employing unit or in which the individual has been |
| 20 | discharged by his or her employing unit for misconduct connected |
| 21 | with his or her work, based on a finding by the Agency for |
| 22 | Workforce Innovation. As used in this paragraph, the term "work" |
| 23 | means any work, whether full-time, part-time, or temporary, |
| 24 | other than part-time work engaged in by an individual receiving |
| 25 | partial benefits as provided in s. 443.111(4)(a). |
| 26 | 1. Disqualification for voluntarily quitting continues for |
| 27 | the full period of unemployment next ensuing after he or she has |
| 28 | left his or her full-time, part-time, or temporary work |
| 29 | voluntarily without good cause and until the individual has |
| 30 | earned income equal to or in excess of 17 times his or her |
| 31 | weekly benefit amount. As used in this subsection, the term |
| 32 | "good cause" includes only that cause attributable to the |
| 33 | employing unit or which consists of illness or disability of the |
| 34 | individual requiring separation from his or her work. Any other |
| 35 | disqualification may not be imposed. An individual is not |
| 36 | disqualified under this subsection for voluntarily leaving |
| 37 | temporary work to return immediately when called to work by the |
| 38 | permanent employing unit that temporarily terminated his or her |
| 39 | work within the previous 6 calendar months. |
| 40 | 2. Disqualification for being discharged for misconduct |
| 41 | connected with his or her work continues for the full period of |
| 42 | unemployment next ensuing after having been discharged and until |
| 43 | the individual has become reemployed and has earned income of at |
| 44 | least 17 times his or her weekly benefit amount and for not more |
| 45 | than 52 weeks that immediately follow that week, as determined |
| 46 | by the Agency for Workforce Innovation in each case according to |
| 47 | the circumstances in each case or the seriousness of the |
| 48 | misconduct, under the agency's rules adopted for determinations |
| 49 | of disqualification for benefits for misconduct. |
| 50 | Section 2. Paragraph (a) of subsection (4) of section |
| 51 | 443.111, Florida Statutes, is amended to read: |
| 52 | 443.111 Payment of benefits.-- |
| 53 | (4) WEEKLY BENEFIT FOR UNEMPLOYMENT.-- |
| 54 | (a) Total.--Each eligible individual who is totally |
| 55 | unemployed in any week is paid for the week a benefit equal to |
| 56 | her or his weekly benefit amount, except that an individual |
| 57 | receiving partial benefits under paragraph (b) who becomes |
| 58 | totally unemployed by voluntarily leaving his or her part-time |
| 59 | work without cause attributable to his or her employing unit |
| 60 | shall continue to receive only the partial benefits for which he |
| 61 | or she was eligible under paragraph (b) before such event |
| 62 | occurred. |
| 63 | (b) Partial.--Each eligible individual who is partially |
| 64 | unemployed in any week is paid for the week a benefit equal to |
| 65 | her or his weekly benefit less that part of the earned income, |
| 66 | if any, payable to her or him for the week which is in excess of |
| 67 | 8 times the federal hourly minimum wage. These benefits, if not |
| 68 | a multiple of $1, are rounded downward to the nearest full |
| 69 | dollar amount. |
| 70 | Section 3. Paragraph (c) of subsection (6) of section |
| 71 | 443.151, Florida Statutes, is amended to read: |
| 72 | 443.151 Procedure concerning claims.-- |
| 73 | (6) RECOVERY AND RECOUPMENT.-- |
| 74 | (c) Recoupment from future benefits and recovery of |
| 75 | overpayments are is not permitted if the benefits are received |
| 76 | by such person without fault on the person's part and recoupment |
| 77 | or recovery would defeat the purpose of this chapter or would be |
| 78 | inequitable and against good conscience. |
| 79 | Section 4. This act shall take effect upon becoming a law. |