Florida Senate - 2011 SB 562 By Senator Flores 38-00842-11 2011562__ 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 5 the Agency for Workforce Innovation to notify each 6 claimant regarding requirements that constitute an 7 active search for work; providing reporting 8 requirements for claimants; providing conditions for 9 an exemption from claimant reporting requirements; 10 providing an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Paragraph (d) of subsection (1) of section 15 443.091, Florida Statutes, is amended to read: 16 443.091 Benefit eligibility conditions.— 17 (1) An unemployed individual is eligible to receive 18 benefits for any week only if the Agency for Workforce 19 Innovation finds that: 20 (d) She or he is able to work and is available for work. In 21 order to assess eligibility for a claimed week of unemployment, 22 the agency shall develop criteria to determine a claimant’s 23 ability to work and availability for work. However: 24 1. Notwithstanding any other provision of this paragraph or 25 paragraphs (b) and (e), an otherwise eligible individual may not 26 be denied benefits for any week because she or he is in training 27 with the approval of the agency, or by reason of s. 443.101(2) 28 relating to failure to apply for, or refusal to accept, suitable 29 work. Training may be approved by the agency in accordance with 30 criteria prescribed by rule. A claimant’s eligibility during 31 approved training is contingent upon satisfying eligibility 32 conditions prescribed by rule. 33 2. Notwithstanding any other provision of this chapter, an 34 otherwise eligible individual who is in training approved under 35 s. 236(a)(1) of the Trade Act of 1974, as amended, may not be 36 determined ineligible or disqualified for benefits due to her or 37 his enrollment in such training or because of leaving work that 38 is not suitable employment to enter such training. As used in 39 this subparagraph, the term “suitable employment” means work of 40 a substantially equal or higher skill level than the worker’s 41 past adversely affected employment, as defined for purposes of 42 the Trade Act of 1974, as amended, the wages for which are at 43 least 80 percent of the worker’s average weekly wage as 44 determined for purposes of the Trade Act of 1974, as amended. 45 3. Notwithstanding any other provision of this section, an 46 otherwise eligible individual may not be denied benefits for any 47 week because she or he is before any state or federal court 48 pursuant to a lawfully issued summons to appear for jury duty. 49 4.a. An individual may not be deemed available for work 50 unless the individual has been and is actively and earnestly 51 seeking work. Upon the filing of an initial or renewed claim, 52 and prior to the filing of each weekly claim thereafter, the 53 agency shall notify each claimant of the number of work-search 54 contacts required to constitute an active search for work. 55 b. A claimant may not be determined to be ineligible for 56 benefits under this subparagraph because of not actively and 57 earnestly seeking work if the claimant has reported in person to 58 an office of the agency as directed by the agency at least once 59 every 4 weeks. However, a claimant is exempt from the reporting 60 requirement of this sub-subparagraph if: 61 (I) The claimant is claiming benefits in accordance with 62 agency rules dealing with partial or temporary total 63 unemployment; 64 (II) The claimant is temporarily unemployed through no 65 fault of her or his own and has a definite recall date within 8 66 weeks after her or his first day of unemployment; 67 (III) The claimant resides in a county having an 68 unemployment rate, as published by the agency, of 10 percent or 69 more and in which the county seat is more than 40 miles from the 70 nearest agency office; 71 (IV) The claimant belongs to a group or class of workers 72 whose opportunities for reemployment will not be enhanced by 73 reporting in person; or 74 (V) The claimant is prevented from reporting due to 75 emergency conditions that limit access by the general public to 76 an agency office that serves the area in which the claimant 77 resides, but only during the time such conditions exist. 78 Section 2. This act shall take effect July 1, 2011.