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A bill to be entitled

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An act relating to unemployment compensation; amending s.

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443.036, F.S.; redefining the term "base period" for

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purposes of determining eligibility for benefits;

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providing an alternative base period; providing

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applicability and calculation; amending s. 443.101, F.S.;

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prohibiting certain persons choosing to separate from

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employment from being disqualified from regular

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unemployment compensation; prohibiting certain unemployed

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individuals from disqualification for eligibility for

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unemployment compensation benefits based solely on the

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individual's availability for only part-time work;

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providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Subsection (7) of section 443.036, Florida

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Statutes, is amended to read:

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     443.036  Definitions.--As used in this chapter, the term:

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     (7)  "Base period" means the first four of the last five

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completed calendar quarters immediately preceding the first day

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of an individual's benefit year.

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     (a) With respect to a benefit year commencing on or after

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January 1, 2009, if an individual is not monetarily eligible in

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his or her base period to qualify for benefits, the Agency for

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Workforce Innovation must designate the alternative base period

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to be his or her base period. As used in this subsection, the

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term "alternative base period" means the last four completed

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calendar quarters immediately preceding the first day of an

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individual's benefit year. Wages used in a base period to

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establish a monetarily eligible benefit year may not be applied

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to establish monetary eligibility in any succeeding benefit year.

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If information regarding wages for the calendar quarter or

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quarters immediately preceding the benefit year has not been

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entered into the Agency for Workforce Innovation's mainframe

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database from the regular quarterly reports of wage information

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or is otherwise unavailable, the Agency for Workforce Innovation

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shall request such information from the employer by mail. An

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employer must provide the requested wage information within 10

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days after the Agency for Workforce Innovation mails the request

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to the employer. An employer that fails to provide the requested

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wage information within the required time is subject to the

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penalty for delinquent reports in s. 443.141(1)(b).

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     (b) For monetary determinations based upon the alternative

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base period, if the Agency for Workforce Innovation is unable to

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access the wage information through its mainframe database, the

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Agency for Workforce Innovation may base the determination of

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eligibility for benefits on an affidavit submitted by the

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individual with respect to wages for those calendar quarters. The

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individual must furnish payroll information, if available, in

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support of the affidavit. A determination of benefits based upon

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an alternative base period shall be adjusted when the quarterly

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report of wage information is received from the employer if that

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information causes a change in the determination.

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     Section 2.  Paragraph (a) of subsection (1) and paragraph

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(a) of subsection (2) of section 443.101, Florida Statutes, are

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amended to read:

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     443.101  Disqualification for benefits.--An individual shall

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be disqualified for benefits:

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     (1)(a)  For the week in which he or she has voluntarily left

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his or her work without good cause attributable to his or her

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employing unit or in which the individual has been discharged by

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his or her employing unit for misconduct connected with his or

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her work, based on a finding by the Agency for Workforce

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Innovation. As used in this paragraph, the term "work" means any

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work, whether full-time, part-time, or temporary.

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     1.  Disqualification for voluntarily quitting continues for

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the full period of unemployment next ensuing after he or she has

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left his or her full-time, part-time, or temporary work

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voluntarily without good cause and until the individual has

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

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benefit amount. As used in this subsection, the term "good cause"

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includes only that cause attributable to the employing unit or

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which consists of illness or disability of the individual

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requiring separation from his or her work. Any other

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disqualification may not be imposed. An individual is not

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disqualified under this subsection for voluntarily leaving

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temporary work to return immediately when called to work by the

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permanent employing unit that temporarily terminated his or her

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work within the previous 6 calendar months. For benefit years

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beginning on or after July 1, 2004, an individual is not

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disqualified under this subsection for voluntarily leaving work

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to relocate as a result of his or her military-connected spouse's

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permanent change of station orders, activation orders, or unit

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deployment orders.

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     2. An individual shall not be disqualified from regular

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unemployment compensation benefits for separating from employment

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if that separation is for compelling family reasons. For purposes

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of this paragraph, the term "compelling family reasons" includes:

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     a. Domestic violence, as defined in s. 741.28, verified by

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an injunction, protective order, or other such reasonable and

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confidential documentation as authorized by state law, that

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causes the individual reasonably to believe that such

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individual's continued employment would jeopardize the safety of

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the individual, any member of the individual's immediate family,

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or other employees.

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     b. The illness or disability of a member of the

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individual's immediate family.

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     c. The need for the individual to accompany such

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individual's spouse:

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     (I) To a place from which it is impractical for such

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individual to commute.

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     (II) Due to a change in location of the spouse's

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employment.

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     3.2. Disqualification for being discharged for misconduct

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connected with his or her work continues for the full period of

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unemployment next ensuing after having been discharged and until

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the individual has become reemployed and has earned income of at

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least 17 times his or her weekly benefit amount and for not more

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than 52 weeks that immediately follow that week, as determined by

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the Agency for Workforce Innovation in each case according to the

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circumstances in each case or the seriousness of the misconduct,

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under the agency's rules adopted for determinations of

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disqualification for benefits for misconduct.

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     (2)  If the Agency for Workforce Innovation finds that the

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individual has failed without good cause to apply for available

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suitable work when directed by the agency or the one-stop career

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center, to accept suitable work when offered to him or her, or to

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return to the individual's customary self-employment when

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directed by the agency, the disqualification continues for the

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full period of unemployment next ensuing after he or she failed

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without good cause to apply for available suitable work, to

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accept suitable work, or to return to his or her customary self-

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employment, under this subsection, and until the individual has

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earned income at least 17 times his or her weekly benefit amount.

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The Agency for Workforce Innovation shall by rule adopt criteria

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for determining the "suitability of work," as used in this

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section. The Agency for Workforce Innovation in developing these

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rules shall consider the duration of a claimant's unemployment in

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determining the suitability of work and the suitability of

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proposed rates of compensation for available work. Further, after

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an individual has received 25 weeks of benefits in a single year,

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suitable work is a job that pays the minimum wage and is 120

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percent or more of the weekly benefit amount the individual is

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drawing.

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     (a)  In determining whether or not any work is suitable for

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an individual, the Agency for Workforce Innovation shall consider

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the degree of risk involved to his or her health, safety, and

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morals; his or her physical fitness and prior training; the

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individual's experience and prior earnings; his or her length of

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unemployment and prospects for securing local work in his or her

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customary occupation; and the distance of the available work from

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his or her residence. An unemployed individual shall not be

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disqualified for eligibility for unemployment compensation

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benefits solely on the basis that he or she is available only for

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part-time work. If an individual restricts his or her

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availability to part-time work, he or she may be considered able

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and available for work if it is determined that the claim is

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based on the claimant's history of part-time employment, the

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claimant is actively seeking and is willing to accept work under

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essentially the same conditions as existed while the wage credits

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were accrued, and the claimant imposes no other restrictions and

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is in a labor market in which a reasonable demand exists for the

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part-time services he or she offers.

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     Section 3.  This act shall take effect October 1, 2008.