HB 0953

1
A bill to be entitled
2An act relating to unemployment compensation; amending s.
3443.101, F.S.; limiting the scope of the definition of
4work applicable to disqualification for benefits; amending
5s. 443.111, F.S.; providing an exception to full weekly
6benefits for totally unemployed persons under certain
7circumstances; amending s. 443.151, F.S.; prohibiting
8overpayment recoveries under certain circumstances;
9providing an effective date.
10
11Be It Enacted by the Legislature of the State of Florida:
12
13     Section 1.  Paragraph (a) of subsection (1) of section
14443.101, Florida Statutes, is amended to read:
15     443.101  Disqualification for benefits.--An individual
16shall be disqualified for benefits:
17     (1)(a)  For the week in which he or she has voluntarily
18left his or her work without good cause attributable to his or
19her employing unit or in which the individual has been
20discharged by his or her employing unit for misconduct connected
21with his or her work, based on a finding by the Agency for
22Workforce Innovation. As used in this paragraph, the term "work"
23means any work, whether full-time, part-time, or temporary,
24other than part-time work engaged in by an individual receiving
25partial benefits as provided in s. 443.111(4)(a).
26     1.  Disqualification for voluntarily quitting continues for
27the full period of unemployment next ensuing after he or she has
28left his or her full-time, part-time, or temporary work
29voluntarily without good cause and until the individual has
30earned income equal to or in excess of 17 times his or her
31weekly benefit amount. As used in this subsection, the term
32"good cause" includes only that cause attributable to the
33employing unit or which consists of illness or disability of the
34individual requiring separation from his or her work. Any other
35disqualification may not be imposed. An individual is not
36disqualified under this subsection for voluntarily leaving
37temporary work to return immediately when called to work by the
38permanent employing unit that temporarily terminated his or her
39work within the previous 6 calendar months.
40     2.  Disqualification for being discharged for misconduct
41connected with his or her work continues for the full period of
42unemployment next ensuing after having been discharged and until
43the individual has become reemployed and has earned income of at
44least 17 times his or her weekly benefit amount and for not more
45than 52 weeks that immediately follow that week, as determined
46by the Agency for Workforce Innovation in each case according to
47the circumstances in each case or the seriousness of the
48misconduct, under the agency's rules adopted for determinations
49of disqualification for benefits for misconduct.
50     Section 2.  Paragraph (a) of subsection (4) of section
51443.111, 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
55unemployed in any week is paid for the week a benefit equal to
56her or his weekly benefit amount, except that an individual
57receiving partial benefits under paragraph (b) who becomes
58totally unemployed by voluntarily leaving his or her part-time
59work without cause attributable to his or her employing unit
60shall continue to receive only the partial benefits for which he
61or she was eligible under paragraph (b) before such event
62occurred.
63     (b)  Partial.--Each eligible individual who is partially
64unemployed in any week is paid for the week a benefit equal to
65her or his weekly benefit less that part of the earned income,
66if any, payable to her or him for the week which is in excess of
678 times the federal hourly minimum wage. These benefits, if not
68a multiple of $1, are rounded downward to the nearest full
69dollar amount.
70     Section 3.  Paragraph (c) of subsection (6) of section
71443.151, 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
75overpayments are is not permitted if the benefits are received
76by such person without fault on the person's part and recoupment
77or recovery would defeat the purpose of this chapter or would be
78inequitable and against good conscience.
79     Section 4.  This act shall take effect upon becoming a law.


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