Bill Text: FL S1096 | 2015 | Regular Session | Introduced
Bill Title: Unemployment Compensation
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2015-05-01 - Died in Commerce and Tourism [S1096 Detail]
Download: Florida-2015-S1096-Introduced.html
Florida Senate - 2015 SB 1096 By Senator Braynon 36-00241-15 20151096__ 1 A bill to be entitled 2 An act relating to unemployment compensation; amending 3 s. 443.101, F.S.; clarifying application of a 4 provision relating to disqualification for benefits; 5 providing that certain victims of domestic violence 6 may not be disqualified for benefits for voluntarily 7 leaving work; providing an effective date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11 Section 1. Paragraph (a) of subsection (1) of section 12 443.101, Florida Statutes, is amended to read: 13 443.101 Disqualification for benefits.—An individual shall 14 be disqualified for benefits: 15 (1)(a) For the week in which he or she has voluntarily left 16 work without good cause attributable to his or her employing 17 unit or for the week in which he or she has been discharged by 18 the employing unit for misconduct connected with his or her 19 work, based on a finding by the Department of Economic 20 Opportunity. As used in this paragraph, the term “work” means 21 any work, whether full-time, part-time, or temporary. 22 1. Disqualification for voluntarily quitting continues for 23 the full period of unemployment next ensuing after the 24 individual has left his or her full-time, part-time, or 25 temporary work voluntarily without good cause and until the 26 individual has earned income equal to or greater than 17 times 27 his or her weekly benefit amount. As used in this subsection, 28 the term “good cause” includes only that cause attributable to 29 the employing unit which would compel a reasonable employee to 30 cease working or attributable to the individual’s illness or 31 disability requiring separation from his or her work. Additional 32 disqualificationsAny otherdisqualificationmay not be imposed. 33 2. An individual who otherwise satisfies the eligibility 34 requirements of this subsection mayisnot be disqualifiedunder35this subsectionfor benefits due to the following reasons: 36 a. Voluntarily leaving temporary work to return immediately 37 when called to work by the permanent employing unit that 38 temporarily terminated his or her work within the previous 6 39 calendar months; 40 b., or forVoluntarily leaving work to relocate as a 41 result of his or her military-connected spouse’s permanent 42 change of station orders, activation orders, or unit deployment 43 orders; or.44 c. Voluntarily leaving work if he or she proves that his or 45 her discontinued employment is a direct result of circumstances 46 related to domestic violence as defined in s. 741.28. 47 3. An individual who voluntarily leaves work due to 48 circumstances identified under sub-subparagraph 2.c. must: 49 a. Provide evidence such as an injunction, a protective 50 order, or other documentation authorized by state law which 51 reasonably proves that domestic violence has occurred; and 52 b. Reasonably believe that he or she is likely to be the 53 victim of a future act of domestic violence, including 54 aggravated stalking as provided in s. 784.048(3), (4), or (5), 55 committed by a family or household member, as defined in s. 56 741.28, at, in transit to, or departing from the individual’s 57 place of employment. 58 4. Unless the individual establishes that such remedies are 59 likely to be futile or to increase the risk of future incidents 60 of domestic violence, he or she must make reasonable efforts to 61 preserve employment, which may include seeking a protective 62 injunction, relocating to a secure place, or seeking reasonable 63 accommodation from the employing unit such as a transfer or 64 change of assignment. 65 5. An individual who is otherwise eligible for benefits 66 under this paragraph is ineligible for each week that he or she: 67 a. Fails to meet the requirements of s. 443.091(1); 68 b. Does not meet the criteria described in sub-subparagraph 69 3.b.; or 70 c. Refuses a reasonable accommodation offered in good faith 71 by his or her employing unit. 72 6. The employment record of an employing unit may not be 73 charged for the payment of benefits to an individual who has 74 voluntarily left work under this paragraph. 75 7.2.Disqualification for being discharged for misconduct 76 connected with his or her work continues for the full period of 77 unemployment next ensuing after having been discharged and until 78 the individual is reemployed and has earned income of at least 79 17 times his or her weekly benefit amount and for not more than 80 52 weeks immediately following that week, as determined by the 81 department in each case according to the circumstances or the 82 seriousness of the misconduct, under the department’s rules 83adoptedfor determiningdeterminations ofdisqualification for 84 benefits for misconduct. 85 8.3.If an individual has provided notification to the 86 employing unit of his or her intent to voluntarily leave work 87 and the employing unit discharges the individual for reasons 88 other than misconduct before the date the voluntary quit was to 89 take effect, the individual, if otherwise entitled, shall 90 receive benefits from the date of the employer’s discharge until 91 the effective date of his or her voluntary quit. 92 9.4.If an individual is notified by the employing unit of 93 the employer’s intent to discharge the individual for reasons 94 other than misconduct and the individual quits without good 95 cause before the date the discharge was to take effect, the 96 claimant is ineligible for benefits pursuant to s. 443.091(1)(d) 97 for failing to be available for work for the week or weeks of 98 unemployment occurring before the effective date of the 99 discharge. 100 Section 2. This act shall take effect July 1, 2015.