Bill Text: FL H0319 | 2011 | Regular Session | Introduced


Bill Title: Unemployment Compensation Benefits

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0319 Detail]

Download: Florida-2011-H0319-Introduced.html
HB 319

1
A bill to be entitled
2An act relating to unemployment compensation benefits;
3amending s. 443.091, F.S.; providing conditions for
4claimants to be deemed available for work; requiring the
5Agency for Workforce Innovation to notify each claimant
6regarding requirements that constitute an active search
7for work; providing reporting requirements for claimants;
8providing conditions for an exemption from claimant
9reporting requirements; providing an effective date.
10
11Be It Enacted by the Legislature of the State of Florida:
12
13     Section 1.  Paragraph (d) of subsection (1) of section
14443.091, Florida Statutes, is amended to read:
15     443.091  Benefit eligibility conditions.-
16     (1)  An unemployed individual is eligible to receive
17benefits for any week only if the Agency for Workforce
18Innovation finds that:
19     (d)  She or he is able to work and is available for work.
20In order to assess eligibility for a claimed week of
21unemployment, the agency shall develop criteria to determine a
22claimant's ability to work and availability for work. However:
23     1.  Notwithstanding any other provision of this paragraph
24or paragraphs (b) and (e), an otherwise eligible individual may
25not be denied benefits for any week because she or he is in
26training with the approval of the agency, or by reason of s.
27443.101(2) relating to failure to apply for, or refusal to
28accept, suitable work. Training may be approved by the agency in
29accordance with criteria prescribed by rule. A claimant's
30eligibility during approved training is contingent upon
31satisfying eligibility conditions prescribed by rule.
32     2.  Notwithstanding any other provision of this chapter, an
33otherwise eligible individual who is in training approved under
34s. 236(a)(1) of the Trade Act of 1974, as amended, may not be
35determined ineligible or disqualified for benefits due to her or
36his enrollment in such training or because of leaving work that
37is not suitable employment to enter such training. As used in
38this subparagraph, the term "suitable employment" means work of
39a substantially equal or higher skill level than the worker's
40past adversely affected employment, as defined for purposes of
41the Trade Act of 1974, as amended, the wages for which are at
42least 80 percent of the worker's average weekly wage as
43determined for purposes of the Trade Act of 1974, as amended.
44     3.  Notwithstanding any other provision of this section, an
45otherwise eligible individual may not be denied benefits for any
46week because she or he is before any state or federal court
47pursuant to a lawfully issued summons to appear for jury duty.
48     4.a.  An individual may not be deemed available for work
49unless the individual has been and is actively and earnestly
50seeking work. Upon the filing of an initial or renewed claim,
51and prior to the filing of each weekly claim thereafter, the
52agency shall notify each claimant of the number of work-search
53contacts required to constitute an active search for work.
54     b.  A claimant may not be determined to be ineligible for
55benefits under this subparagraph because of not actively and
56earnestly seeking work if the claimant has reported in person to
57an office of the division as directed by the division at least
58once every 4 weeks. However, a claimant is exempt from the
59reporting requirement of this sub-subparagraph if:
60     (I)  The claimant is claiming benefits in accordance with
61division regulations dealing with partial or temporary total
62unemployment;
63     (II)  The claimant is temporarily unemployed through no
64fault of her or his own and has a definite recall date within 8
65weeks after her or his first day of unemployment;
66     (III)  The claimant resides in a county with an
67unemployment rate, as published by the division, of 10 percent
68or more and in which the county seat is more than 40 miles from
69the nearest division office;
70     (IV)  The claimant belongs to a group or class of workers
71whose opportunities for reemployment will not be enhanced by
72reporting in person; or
73     (V)  The claimant is prevented from reporting due to
74emergency conditions that limit access by the general public to
75an agency office that serves the area in which the claimant
76resides, but only during the time such conditions exist.
77     Section 2.  This act shall take effect July 1, 2011.


CODING: Words stricken are deletions; words underlined are additions.
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