Florida Senate - 2009 SENATOR AMENDMENT
Bill No. CS for CS for SB 810
Barcode 600344
LEGISLATIVE ACTION
Senate . House
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Floor: 5/AD/2R .
04/28/2009 11:29 AM .
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Senator Garcia moved the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 390 and 391
4 insert:
5 Section 5. Paragraph (a) of subsection (1) of section
6 443.101, Florida Statutes, is amended to read:
7 443.101 Disqualification for benefits.—An individual shall
8 be disqualified for benefits:
9 (1)(a) For the week in which he or she has voluntarily left
10 his or her work without good cause attributable to his or her
11 employing unit or in which the individual has been discharged by
12 his or her employing unit for misconduct connected with his or
13 her work, based on a finding by the Agency for Workforce
14 Innovation. As used in this paragraph, the term “work” means any
15 work, whether full-time, part-time, or temporary.
16 1. Disqualification for voluntarily quitting continues for
17 the full period of unemployment next ensuing after he or she has
18 left his or her full-time, part-time, or temporary work
19 voluntarily without good cause and until the individual has
20 earned income equal to or in excess of 17 times his or her
21 weekly benefit amount. As used in this subsection, the term
22 “good cause” includes only that cause attributable to the
23 employing unit or which consists of illness or disability of the
24 individual requiring separation from his or her work. Any other
25 disqualification may not be imposed. An individual is not
26 disqualified under this subsection for voluntarily leaving
27 temporary work to return immediately when called to work by the
28 permanent employing unit that temporarily terminated his or her
29 work within the previous 6 calendar months. For benefit years
30 beginning on or after July 1, 2004, an individual is not
31 disqualified under this subsection for voluntarily leaving work
32 to relocate as a result of his or her military-connected
33 spouse’s permanent change of station orders, activation orders,
34 or unit deployment orders.
35 2. Disqualification for being discharged for misconduct
36 connected with his or her work continues for the full period of
37 unemployment next ensuing after having been discharged and until
38 the individual has become reemployed and has earned income of at
39 least 17 times his or her weekly benefit amount and for not more
40 than 52 weeks that immediately follow that week, as determined
41 by the Agency for Workforce Innovation in each case according to
42 the circumstances in each case or the seriousness of the
43 misconduct, under the agency’s rules adopted for determinations
44 of disqualification for benefits for misconduct.
45 3. When an individual has provided notification to the
46 employing unit of his or her intent to voluntarily leave work
47 and the employing unit discharges the individual for reasons
48 other than misconduct prior to the date the voluntary quit was
49 to take effect, the individual, if otherwise entitled, will
50 receive benefits from the date of the employer’s discharge until
51 the effective date of his or her voluntary quit.
52 4. When an individual is notified by the employing unit of
53 the employer’s intent to discharge the individual for reasons
54 other than misconduct and the individual quits without good
55 cause, as defined in this section, prior to the date the
56 discharge was to take effect, the claimant is ineligible for
57 benefits pursuant to 443.091(1)(c)1 for failing to be available
58 for work for the week or weeks of unemployment occurring prior
59 to the effective date of the discharge.
60
61 ================= T I T L E A M E N D M E N T ================
62 And the title is amended as follows:
63 Delete everything before the enacting clause
64 and insert:
65 An act relating to unemployment compensation; amending s.
66 443.1217, F.S.; raising the amount of an employee’s wages
67 subject to an employer’s contribution to the trust fund, with a
68 reversion to current law after January 1, 2015; amending s.
69 443.131, F.S.; revising the rate and recoupment period for
70 computing the employer contribution to the trust fund, with a
71 reversion to current law for recoupment after January 1, 2015;
72 providing the calculation for lowering an employer’s
73 contribution to the trust fund under certain circumstances
74 beginning January 1, 2015; providing for a suspension of
75 lowering the employer’s contribution under certain
76 circumstances; providing a definition of taxable payroll;
77 amending s. 443.191, F.S.; providing for advances to be credited
78 to the Unemployment Compensation Trust Fund; providing authority
79 to the Governor or the Governor’s designee to request advances;
80 creating s. 443.1117, F.S.; establishing temporary state
81 extended benefits for claims between July 5, 2009, and December
82 26, 2009; creating definitions; providing for state extended
83 benefits for certain weeks and for periods of high unemployment;
84 amending s. 443.101, F.S.; providing additional provisions
85 dealing with disqualification for benefits under certain
86 conditions; providing that the act fulfills an important state
87 interest; providing effective dates.