| 1 | A bill to be entitled |
| 2 | An act relating to unemployment compensation benefits; |
| 3 | amending s. 443.091, F.S.; providing conditions for |
| 4 | claimants to be deemed available for work; requiring the |
| 5 | Agency for Workforce Innovation to notify each claimant |
| 6 | regarding requirements that constitute an active search |
| 7 | for work; providing reporting requirements for claimants; |
| 8 | providing conditions for an exemption from claimant |
| 9 | reporting requirements; 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 (d) of subsection (1) of section |
| 14 | 443.091, Florida Statutes, is amended to read: |
| 15 | 443.091 Benefit eligibility conditions.- |
| 16 | (1) An unemployed individual is eligible to receive |
| 17 | benefits for any week only if the Agency for Workforce |
| 18 | Innovation finds that: |
| 19 | (d) She or he is able to work and is available for work. |
| 20 | In order to assess eligibility for a claimed week of |
| 21 | unemployment, the agency shall develop criteria to determine a |
| 22 | claimant's ability to work and availability for work. However: |
| 23 | 1. Notwithstanding any other provision of this paragraph |
| 24 | or paragraphs (b) and (e), an otherwise eligible individual may |
| 25 | not be denied benefits for any week because she or he is in |
| 26 | training with the approval of the agency, or by reason of s. |
| 27 | 443.101(2) relating to failure to apply for, or refusal to |
| 28 | accept, suitable work. Training may be approved by the agency in |
| 29 | accordance with criteria prescribed by rule. A claimant's |
| 30 | eligibility during approved training is contingent upon |
| 31 | satisfying eligibility conditions prescribed by rule. |
| 32 | 2. Notwithstanding any other provision of this chapter, an |
| 33 | otherwise eligible individual who is in training approved under |
| 34 | s. 236(a)(1) of the Trade Act of 1974, as amended, may not be |
| 35 | determined ineligible or disqualified for benefits due to her or |
| 36 | his enrollment in such training or because of leaving work that |
| 37 | is not suitable employment to enter such training. As used in |
| 38 | this subparagraph, the term "suitable employment" means work of |
| 39 | a substantially equal or higher skill level than the worker's |
| 40 | past adversely affected employment, as defined for purposes of |
| 41 | the Trade Act of 1974, as amended, the wages for which are at |
| 42 | least 80 percent of the worker's average weekly wage as |
| 43 | determined for purposes of the Trade Act of 1974, as amended. |
| 44 | 3. Notwithstanding any other provision of this section, an |
| 45 | otherwise eligible individual may not be denied benefits for any |
| 46 | week because she or he is before any state or federal court |
| 47 | pursuant to a lawfully issued summons to appear for jury duty. |
| 48 | 4.a. An individual may not be deemed available for work |
| 49 | unless the individual has been and is actively and earnestly |
| 50 | seeking work. Upon the filing of an initial or renewed claim, |
| 51 | and prior to the filing of each weekly claim thereafter, the |
| 52 | agency shall notify each claimant of the number of work-search |
| 53 | contacts required to constitute an active search for work. |
| 54 | b. A claimant may not be determined to be ineligible for |
| 55 | benefits under this subparagraph because of not actively and |
| 56 | earnestly seeking work if the claimant has reported in person to |
| 57 | an office of the division as directed by the division at least |
| 58 | once every 4 weeks. However, a claimant is exempt from the |
| 59 | reporting requirement of this sub-subparagraph if: |
| 60 | (I) The claimant is claiming benefits in accordance with |
| 61 | division regulations dealing with partial or temporary total |
| 62 | unemployment; |
| 63 | (II) The claimant is temporarily unemployed through no |
| 64 | fault of her or his own and has a definite recall date within 8 |
| 65 | weeks after her or his first day of unemployment; |
| 66 | (III) The claimant resides in a county with an |
| 67 | unemployment rate, as published by the division, of 10 percent |
| 68 | or more and in which the county seat is more than 40 miles from |
| 69 | the nearest division office; |
| 70 | (IV) The claimant belongs to a group or class of workers |
| 71 | whose opportunities for reemployment will not be enhanced by |
| 72 | reporting in person; or |
| 73 | (V) The claimant is prevented from reporting due to |
| 74 | emergency conditions that limit access by the general public to |
| 75 | an agency office that serves the area in which the claimant |
| 76 | resides, but only during the time such conditions exist. |
| 77 | Section 2. This act shall take effect July 1, 2011. |