Florida Senate - 2021                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 50
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Floor: WD/2R          .                                
             03/25/2021 01:53 PM       .                                

       Senator Farmer moved the following:
    1         Senate Amendment to Amendment (913612) (with title
    2  amendment)
    4         Between lines 6 and 7
    5  insert:
    6         Section 2. Paragraph (d) of subsection (1) of section
    7  443.091, Florida Statutes, is amended to read:
    8         443.091 Benefit eligibility conditions.—
    9         (1) An unemployed individual is eligible to receive
   10  benefits for any week only if the Department of Economic
   11  Opportunity finds that:
   12         (d) She or he is able to work and is available for work. In
   13  order to assess eligibility for a claimed week of unemployment,
   14  the department shall develop criteria to determine a claimant’s
   15  ability to work and availability for work. A claimant must be
   16  actively seeking work in order to be considered available for
   17  work. This means engaging in systematic and sustained efforts to
   18  find work, including contacting at least three five prospective
   19  employers for each week of unemployment claimed. For the
   20  purposes of meeting the requirements of this paragraph, a
   21  claimant may contact prospective employers by submitting a
   22  resume to an employer through an online job search service or a
   23  claimant may contact prospective employers through traditional
   24  work searches. A claimant who submits a resume to at least three
   25  employers through an online job search service satisfies the
   26  work search requirements of this paragraph. The department may
   27  require the claimant to provide proof of such efforts to the
   28  one-stop career center as part of reemployment services. A
   29  claimant’s proof of work search efforts may not include the same
   30  prospective employer at the same location in 3 consecutive
   31  weeks, unless the employer has indicated since the time of the
   32  initial contact that the employer is hiring. The department
   33  shall conduct random reviews of work search information provided
   34  by claimants. As an alternative to contacting at least three
   35  five prospective employers for any week of unemployment claimed,
   36  a claimant may, for that same week, report in person to a one
   37  stop career center to meet with a representative of the center
   38  and access reemployment services of the center. The center shall
   39  keep a record of the services or information provided to the
   40  claimant and shall provide the records to the department upon
   41  request by the department. However:
   42         1. Notwithstanding any other provision of this paragraph or
   43  paragraphs (b) and (e), an otherwise eligible individual may not
   44  be denied benefits for any week because she or he is in training
   45  with the approval of the department, or by reason of s.
   46  443.101(2) relating to failure to apply for, or refusal to
   47  accept, suitable work. Training may be approved by the
   48  department in accordance with criteria prescribed by rule. A
   49  claimant’s eligibility during approved training is contingent
   50  upon satisfying eligibility conditions prescribed by rule.
   51         2. Notwithstanding any other provision of this chapter, an
   52  otherwise eligible individual who is in training approved under
   53  s. 236(a)(1) of the Trade Act of 1974, as amended, may not be
   54  determined ineligible or disqualified for benefits due to
   55  enrollment in such training or because of leaving work that is
   56  not suitable employment to enter such training. As used in this
   57  subparagraph, the term “suitable employment” means work of a
   58  substantially equal or higher skill level than the worker’s past
   59  adversely affected employment, as defined for purposes of the
   60  Trade Act of 1974, as amended, the wages for which are at least
   61  80 percent of the worker’s average weekly wage as determined for
   62  purposes of the Trade Act of 1974, as amended.
   63         3. Notwithstanding any other provision of this section, an
   64  otherwise eligible individual may not be denied benefits for any
   65  week because she or he is before any state or federal court
   66  pursuant to a lawfully issued summons to appear for jury duty.
   67         4. Union members who customarily obtain employment through
   68  a union hiring hall may satisfy the work search requirements of
   69  this paragraph by reporting daily to their union hall.
   70         5. The work search requirements of this paragraph do not
   71  apply to persons who are unemployed as a result of a temporary
   72  layoff or who are claiming benefits under an approved short-time
   73  compensation plan as provided in s. 443.1116.
   74         6. In small counties as defined in s. 120.52(19), a
   75  claimant engaging in systematic and sustained efforts to find
   76  work must contact at least three prospective employers for each
   77  week of unemployment claimed.
   78         7. The work search requirements of this paragraph do not
   79  apply to persons required to participate in reemployment
   80  services under paragraph (e).
   81         Section 3. For the purpose of incorporating the amendment
   82  made by this act to section 443.091, Florida Statutes, in a
   83  reference thereto, paragraph (b) of subsection (1) of section
   84  443.111, Florida Statutes, is reenacted to read:
   85         443.111 Payment of benefits.—
   86         (1) MANNER OF PAYMENT.—Benefits are payable from the fund
   87  in accordance with rules adopted by the Department of Economic
   88  Opportunity, subject to the following requirements:
   89         (b) As required under s. 443.091(1), each claimant must
   90  report at least biweekly to receive reemployment assistance
   91  benefits and to attest to the fact that she or he is able and
   92  available for work, has not refused suitable work, is seeking
   93  work and has met the requirements of s. 443.091(1)(d), and, if
   94  she or he has worked, to report earnings from that work. Each
   95  claimant must continue to report regardless of any appeal or
   96  pending appeal relating to her or his eligibility or
   97  disqualification for benefits.
   99  ================= T I T L E  A M E N D M E N T ================
  100  And the title is amended as follows:
  101         Delete line 2130
  102  and insert:
  103         An act relating to state financial matters; providing
  104         a short title; amending s. 443.091, F.S.; revising
  105         requirements for reemployment assistance benefits
  106         eligibility; reenacting s. 443.111(1)(b), F.S.,
  107         relating to payment of benefits, to incorporate the
  108         amendments made to s. 443.091, F.S., in a reference
  109         thereto;