Florida Senate - 2009                                     SB 516
       
       
       
       By Senator Hill
       
       
       
       
       1-00605-09                                             2009516__
    1                        A bill to be entitled                      
    2         An act relating to unemployment compensation; amending
    3         s. 443.036, F.S.; redefining the term “base period”;
    4         requiring an employer to provide wage information to
    5         support an individual's eligibility for benefits;
    6         providing for an alternative base period after a
    7         certain date; defining the term “alternative base
    8         period”; authorizing the Agency for Workforce
    9         Innovation to accept an affidavit from the claimant to
   10         support eligibility for benefits; amending s. 443.101,
   11         F.S.; prohibiting an individual from being
   12         disqualified from benefits if he or she leaves work
   13         due to certain compelling family reasons; prohibiting
   14         unemployed individuals from being disqualified for
   15         unemployment benefits based solely on the individual's
   16         availability for only part-time work under certain
   17         circumstances; providing an effective date.
   18         
   19  Be It Enacted by the Legislature of the State of Florida:
   20         
   21         Section 1. Subsection (7) of section 443.036, Florida
   22  Statutes, is amended to read:
   23         443.036 Definitions.—As used in this chapter, the term:
   24         (7) “Base period” means the first four of the last five
   25  completed calendar quarters immediately preceding the first day
   26  of an individual's benefit year. Wages in a base period used to
   27  establish a monetarily eligible benefit year may not be used to
   28  establish monetary eligibility in a subsequent benefit year.
   29         (a)If information regarding wages for the calendar
   30  quarters immediately preceding the benefit year has not been
   31  entered into the Agency for Workforce Innovation's mainframe
   32  database from the regular quarterly reports of wage information
   33  submitted under s. 443.163 or is otherwise unavailable, the
   34  agency shall request the information from the employer by mail.
   35  The employer must provide the requested information within 10
   36  days after the agency mails the request. An employer that fails
   37  to provide the requested wage information within the required
   38  time period is subject to the penalty for delinquent reports
   39  under s. 443.141.
   40         (b)For a benefit year commencing on or after January 1,
   41  2010, if an individual is not monetarily eligible in the base
   42  period to qualify for benefits, the Agency for Workforce
   43  Innovation must designate an alternative base period. As used in
   44  this subsection, the term “alternative base period” means the
   45  last four completed calendar quarters immediately preceding the
   46  first day of an individual's benefit year. If the agency is
   47  unable to access wage information through its mainframe database
   48  for determining monetary eligibility for benefits based on the
   49  individual's alternative base period, the agency may base the
   50  determination on an affidavit submitted by the individual
   51  attesting to his or her wages for those calendar quarters. The
   52  individual must also furnish payroll information, if available,
   53  in support of the affidavit. Benefits based on an alternative
   54  base period must be adjusted if the quarterly report of wage
   55  information received from the employer under s. 443.141 results
   56  in a change in the monetary determination.
   57         Section 2. Paragraph (a) of subsection (1) and paragraph
   58  (a) of subsection (2) of section 443.101, Florida Statutes, are
   59  amended to read:
   60         443.101 Disqualification for benefits.—An individual shall
   61  be disqualified for benefits:
   62         (1)(a) For the week in which he or she has voluntarily
   63  leaves left his or her work without good cause attributable to
   64  his or her employing unit or is in which the individual has been
   65  discharged by his or her employing unit for misconduct connected
   66  with his or her work, based on a finding by the Agency for
   67  Workforce Innovation. As used in this paragraph, the term “work”
   68  means any work, whether full-time, part-time, or temporary.
   69         1. Disqualification for voluntarily quitting continues for
   70  the full period of unemployment next ensuing after the
   71  individual leaves he or she has left his or her full-time, part
   72  time, or temporary work voluntarily without good cause and until
   73  the individual earns has earned income equal to or in excess of
   74  17 times his or her weekly benefit amount. As used in this
   75  subsection, the term “good cause” includes only that cause
   76  attributable to the employing unit or an which consists of
   77  illness or disability of the individual requiring separation
   78  from his or her work. Any other disqualification may not be
   79  imposed. An individual may not be is not disqualified for
   80  benefits under this subsection for voluntarily leaving temporary
   81  work to return immediately when called to work by the permanent
   82  employing unit that temporarily terminated his or her work
   83  within the previous 6 calendar months, or. For benefit years
   84  beginning on or after July 1, 2004, an individual is not
   85  disqualified under this subsection for voluntarily leaving work
   86  to relocate as a result of his or her military-connected
   87  spouse's permanent change of station orders, activation orders,
   88  or unit deployment orders.
   89         2.An unemployed individual may not be disqualified for
   90  benefits if he or she separates from work for the following
   91  compelling family reasons:
   92         a.Domestic violence, as defined in s. 741.28 and verified
   93  by an injunction, protective order, or other such reasonable and
   94  confidential documentation authorized by state law, which causes
   95  the individual to reasonably believe that continued employment
   96  will jeopardize the individual's safety, the safety of a member
   97  of the his or her immediate family, or the safety of other
   98  employees.
   99         b.The illness or disability of a member of the
  100  individual's immediate family.
  101         c.The need for the individual to accompany his or her
  102  spouse to a place from which it is impractical for the
  103  individual to commute or due to a change in the location of the
  104  spouse's employment.
  105         3.2. Disqualification for being discharged for misconduct
  106  connected with his or her work continues for the full period of
  107  unemployment next ensuing after being having been discharged and
  108  until the individual is has become reemployed and earns has
  109  earned income of at least 17 times his or her weekly benefit
  110  amount and for not more than 52 weeks that immediately follow
  111  that week, as determined by the agency for Workforce Innovation
  112  in each case according to the circumstances in each case or the
  113  seriousness of the misconduct, under the agency's rules adopted
  114  for determinations of disqualification for benefits for
  115  misconduct.
  116         (2) If the Agency for Workforce Innovation finds that the
  117  individual has failed without good cause to apply for available
  118  suitable work when directed by the agency or the one-stop career
  119  center, to accept suitable work when offered to him or her, or
  120  to return to the individual's customary self-employment when
  121  directed by the agency, the disqualification continues for the
  122  full period of unemployment next ensuing after he or she failed
  123  without good cause to apply for available suitable work, to
  124  accept suitable work, or to return to his or her customary self
  125  employment, under this subsection, and until the individual has
  126  earned income at least 17 times his or her weekly benefit
  127  amount. The Agency for Workforce Innovation shall by rule adopt
  128  criteria for determining the “suitability of work,” as used in
  129  this section. The Agency for Workforce Innovation in developing
  130  these rules shall consider the duration of a claimant's
  131  unemployment in determining the suitability of work and the
  132  suitability of proposed rates of compensation for available
  133  work. Further, after an individual has received 25 weeks of
  134  benefits in a single year, suitable work is a job that pays the
  135  minimum wage and is 120 percent or more of the weekly benefit
  136  amount the individual is drawing.
  137         (a) In determining whether or not any work is suitable for
  138  an individual, the agency for Workforce Innovation shall
  139  consider the degree of risk involved to his or her health,
  140  safety, and morals; the individual's his or her physical
  141  fitness, and prior training,; the individual's experience, and
  142  prior earnings,; his or her length of unemployment, and
  143  prospects for securing local work in his or her customary
  144  occupation; and the distance of the available work from his or
  145  her residence. An unemployed individual may not be disqualified
  146  from eligibility for benefits solely because he or she is
  147  available for only part-time work. If an individual restricts
  148  his or her availability to part-time work, he or she may be
  149  considered able and available for work if it is determined that
  150  the claimant:
  151         1.Has a history of part-time employment;
  152         2.Is actively seeking and is willing to accept work under
  153  essentially the same conditions that existed when the wage
  154  credits were accrued; and
  155         3.Imposes no other restrictions and is in a labor market
  156  in which there is a reasonable demand for the part-time services
  157  he or she offers.
  158         Section 3. This act shall take effect October 1, 2009.