| 1 | Representative Randolph offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove lines 173-187 |
| 5 |
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| 6 | Remove lines 308-442 and insert: |
| 7 | after an individual has received 25 weeks of benefits in a |
| 8 | single year, suitable work is a job that pays the minimum wage |
| 9 | and is 120 percent or more of the weekly benefit amount the |
| 10 | individual is drawing. |
| 11 | (a) In determining whether or not any work is suitable for |
| 12 | an individual, the Agency for Workforce Innovation shall |
| 13 | consider the degree of risk involved to his or her health, |
| 14 | safety, and morals; his or her physical fitness and prior |
| 15 | training; the individual's experience and prior earnings; his or |
| 16 | her length of unemployment and prospects for securing local work |
| 17 | in his or her customary occupation; and the distance of the |
| 18 | available work from his or her residence. |
| 19 | (b) Notwithstanding any other provisions of this chapter, |
| 20 | work is not deemed suitable and benefits may not be denied under |
| 21 | this chapter to any otherwise eligible individual for refusing |
| 22 | to accept new work under any of the following conditions: |
| 23 | 1. If the position offered is vacant due directly to a |
| 24 | strike, lockout, or other labor dispute. |
| 25 | 2. If the wages, hours, or other conditions of the work |
| 26 | offered are substantially less favorable to the individual than |
| 27 | those prevailing for similar work in the locality. |
| 28 | 3. If as a condition of being employed, the individual |
| 29 | would be required to join a company union or to resign from or |
| 30 | refrain from joining any bona fide labor organization. |
| 31 | (c) If the Agency for Workforce Innovation finds that an |
| 32 | individual was rejected for offered employment as the direct |
| 33 | result of a positive, confirmed drug test required as a |
| 34 | condition of employment, the individual is disqualified for |
| 35 | refusing to accept an offer of suitable work. |
| 36 | (3) For any week with respect to which he or she is |
| 37 | receiving or has received remuneration in the form of: |
| 38 | (a) Wages in lieu of notice. |
| 39 | (b) Severance pay. The number of weeks that an |
| 40 | individual's severance pay disqualifies the individual is equal |
| 41 | to the amount of the severance pay divided by that individual's |
| 42 | average weekly wage received from the employer that paid the |
| 43 | severance pay, rounded down to the nearest whole number, |
| 44 | beginning with the week the individual is separated from |
| 45 | employment. |
| 46 | (c)(b)1. Compensation for temporary total disability or |
| 47 | permanent total disability under the workers' compensation law |
| 48 | of any state or under a similar law of the United States. |
| 49 |
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| 50 | 2. However, If the remuneration referred to in this subsection |
| 51 | paragraphs (a) and (b) is less than the benefits that would |
| 52 | otherwise be due under this chapter, an individual who is |
| 53 | otherwise eligible he or she is entitled to receive for that |
| 54 | week, if otherwise eligible, benefits reduced by the amount of |
| 55 | the remuneration. |
| 56 | (9) If the individual was terminated from his or her work |
| 57 | for violation of any criminal law punishable by imprisonment, or |
| 58 | for any dishonest act, in connection with his or her work, as |
| 59 | follows: |
| 60 | (a) If the Agency for Workforce Innovation or the |
| 61 | Unemployment Appeals Commission finds that the individual was |
| 62 | terminated from his or her work for violation of any criminal |
| 63 | law, under any jurisdiction, which was punishable by |
| 64 | imprisonment in connection with his or her work, and the |
| 65 | individual was convicted found guilty of the offense, made an |
| 66 | admission of guilt in a court of law, or entered a plea of |
| 67 | guilty or nolo contendere no contest, the individual is not |
| 68 | entitled to unemployment benefits for up to 52 weeks, pursuant |
| 69 | to under rules adopted by the agency for Workforce Innovation, |
| 70 | and until he or she has earned income of at least 17 times his |
| 71 | or her weekly benefit amount. If, before an adjudication of |
| 72 | guilt, an admission of guilt, or a plea of nolo contendere no |
| 73 | contest, the employer proves by competent substantial evidence |
| 74 | to shows the agency for Workforce Innovation that the arrest was |
| 75 | due to a crime against the employer or the employer's business, |
| 76 | customers, or invitees and, after considering all the evidence, |
| 77 | the Agency for Workforce Innovation finds misconduct in |
| 78 | connection with the individual's work, the individual is not |
| 79 | entitled to unemployment benefits. |
| 80 | (b) If the Agency for Workforce Innovation or the |
| 81 | Unemployment Appeals Commission finds that the individual was |
| 82 | terminated from work for any dishonest act in connection with |
| 83 | his or her work, the individual is not entitled to unemployment |
| 84 | benefits for up to 52 weeks, under rules adopted by the Agency |
| 85 | for Workforce Innovation, and until he or she has earned income |
| 86 | of at least 17 times his or her weekly benefit amount. In |
| 87 | addition, if the employer terminates an individual as a result |
| 88 | of a dishonest act in connection with his or her work and the |
| 89 | Agency for Workforce Innovation finds misconduct in connection |
| 90 | with his or her work, the individual is not entitled to |
| 91 | unemployment benefits. |
| 92 |
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| 93 | With respect to an individual disqualified for benefits, the |
| 94 | account of the terminating employer, if the employer is in the |
| 95 | base period, is noncharged at the time the disqualification is |
| 96 | imposed. |
| 97 | (12) For any week in which the individual is unavailable |
| 98 | for work due to incarceration or imprisonment. |
| 99 |
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| 100 |
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| 101 | ----------------------------------------------------- |
| 102 | T I T L E A M E N D M E N T |
| 103 | Remove lines 10-24 and insert: |
| 104 | and additional lapses in behavior; amending s. 443.091, F.S.; |
| 105 | conforming provisions to changes made by the act; requiring that |
| 106 | an applicant for benefits participate in an initial skills |
| 107 | review; providing exceptions; requiring the administrator or |
| 108 | operator of the initial skills review to notify specified |
| 109 | entities regarding review completion and results; amending s. |
| 110 | 443.101, F.S.; clarifying "good cause" for voluntarily leaving |
| 111 | employment; disqualifying a person for benefits due to the |
| 112 | receipt of severance pay; revising provisions relating to the |
| 113 | effects of criminal acts on eligibility for benefits; amending |
| 114 | s. 443.1216, |