Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 2054
       
       
       
       
       
       
                                Barcode 747908                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                  Floor: WD            .                                
             03/08/2012 02:34 PM       .                                
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       Senator Braynon moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 330 and 331
    4  insert:
    5         Section 8. 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  work without good cause attributable to his or her employing
   11  unit or has been discharged by the employing unit for misconduct
   12  connected with his or her work, based on a finding by the
   13  Department of Economic Opportunity. As used in this paragraph,
   14  the term “work” means any work, whether full-time, part-time, or
   15  temporary.
   16         1. Disqualification for voluntarily quitting continues for
   17  the full period of unemployment next ensuing after the
   18  individual has left his or her full-time, part-time, or
   19  temporary work voluntarily without good cause and until the
   20  individual has earned income equal to or greater than 17 times
   21  his or her weekly benefit amount. As used in this subsection,
   22  the term “good cause” includes only that cause attributable to
   23  the employing unit which would compel a reasonable employee to
   24  cease working or attributable to the individual’s illness or
   25  disability requiring separation from his or her work. Any other
   26  disqualification may not be imposed. An individual is not
   27  disqualified under this subsection for voluntarily leaving
   28  temporary work to return immediately when called to work by the
   29  permanent employing unit that temporarily terminated his or her
   30  work within the previous 6 calendar months, or for voluntarily
   31  leaving work to relocate as a result of his or her military
   32  connected spouse’s permanent change of station orders,
   33  activation orders, or unit deployment orders.
   34         2. Disqualification for being discharged for misconduct
   35  connected with his or her work continues for the full period of
   36  unemployment next ensuing after having been discharged and until
   37  the individual is reemployed and has earned income of at least
   38  17 times his or her weekly benefit amount and for not more than
   39  52 weeks immediately following that week, as determined by the
   40  department in each case according to the circumstances or the
   41  seriousness of the misconduct, under the department’s rules
   42  adopted for determinations of disqualification for benefits for
   43  misconduct.
   44         3. If an individual has provided notification to the
   45  employing unit of his or her intent to voluntarily leave work
   46  and the employing unit discharges the individual for reasons
   47  other than misconduct before the date the voluntary quit was to
   48  take effect, the individual, if otherwise entitled, shall
   49  receive benefits from the date of the employer’s discharge until
   50  the effective date of his or her voluntary quit.
   51         4. If an individual is notified by the employing unit of
   52  the employer’s intent to discharge the individual for reasons
   53  other than misconduct and the individual quits without good
   54  cause before the date the discharge was to take effect, the
   55  claimant is ineligible for benefits pursuant to s. 443.091(1)(d)
   56  for failing to be available for work for the week or weeks of
   57  unemployment occurring before the effective date of the
   58  discharge.
   59         5. As used in this paragraph, the term “good cause” means
   60  domestic violence, as defined in s. 741.28, which causes the
   61  individual to reasonably believe that continued employment will
   62  jeopardize the individual’s safety or the safety of a member of
   63  her or his immediate family. Such cause must be substantiated by
   64  evidence that reasonably proves that domestic violence has
   65  occurred, such as an injunction, protective order, or other such
   66  reasonable and confidential documentation authorized by state
   67  law.
   68  
   69  ================= T I T L E  A M E N D M E N T ================
   70         And the title is amended as follows:
   71         Delete line 30
   72  and insert:
   73         conforming provisions to changes made by the act;
   74         amending s. 443.101, F.S.; revising the definition of
   75         the term “good cause” to mean domestic violence, for
   76         purposes of certain provisions governing qualification
   77         for unemployment benefits;