Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 1416
       
       
       
       
       
       
                                Barcode 838686                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  01/26/2012           .                                
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       The Committee on Commerce and Tourism (Flores) recommended the
       following:
       
    1         Senate Amendment (with directory and title amendments)
    2  
    3         Between lines 314 and 315
    4  insert:
    5         (3) Benefits based on service in employment described in s.
    6  443.1216(2) and (3) are payable in the same amount, on the same
    7  terms, and subject to the same conditions as benefits payable
    8  based on other service subject to this chapter, except that:
    9         (a) Benefits are not payable for services in an
   10  instructional, research, or principal administrative capacity
   11  for an educational institution or an institution of higher
   12  education for any week of unemployment commencing during the
   13  period between 2 successive academic years; during a similar
   14  period between two regular terms, whether or not successive; or
   15  during a period of paid sabbatical leave provided for in the
   16  individual’s contract, to any individual, if the individual
   17  performs those services in the first of those academic years or
   18  terms and there is a contract or a reasonable assurance that the
   19  individual will perform services in any such capacity for any
   20  educational institution or institution of higher education in
   21  the second of those academic years or terms.
   22         (b) Benefits may not be based on services in any other
   23  capacity for an educational institution or an institution of
   24  higher education to any individual for any week that commences
   25  during a period between 2 successive academic years or terms if
   26  the individual performs those services in the first of the
   27  academic years or terms and there is a reasonable assurance that
   28  the individual will perform those services in the second of the
   29  academic years or terms. However, if compensation is denied to
   30  any individual under this paragraph and the individual was not
   31  offered an opportunity to perform those services for the
   32  educational institution for the second of those academic years
   33  or terms, that individual is entitled to a retroactive payment
   34  of compensation for each week for which the individual filed a
   35  timely claim for compensation and for which compensation was
   36  denied solely by reason of this paragraph.
   37         (c) Benefits are not payable based on services provided to
   38  an educational institution or institution of higher learning to
   39  any individual for any week that commences during an established
   40  and customary vacation period or holiday recess if the
   41  individual performs any services described in paragraph (a) or
   42  paragraph (b) in the period immediately before the vacation
   43  period or holiday recess and there is a reasonable assurance
   44  that the individual will perform any service in the period
   45  immediately after the vacation period or holiday recess.
   46         (d) Benefits are not payable for services in any capacity
   47  specified in paragraphs (a), (b), and (c) to any individual who
   48  performed those services in an educational institution while in
   49  the employ of a governmental agency or governmental entity that
   50  is established and operated exclusively for the purpose of
   51  providing those services to one or more educational
   52  institutions.
   53         (e) Benefits are not payable for services in any capacity
   54  specified in paragraphs (a), (b), (c), and (d) to any individual
   55  who provided those services to or on behalf of an educational
   56  institution, or an institution of higher education.
   57         (f)Paragraphs (a)-(e) apply to any individual who provided
   58  services for an educational institution while in the employ of a
   59  private employer holding a contractual relationship with such
   60  educational institution, but only if at least 75 percent of the
   61  individual’s base period wages with the private employer are
   62  attributable to services performed in an educational
   63  institution.
   64         (g)(f) As used in this subsection, the term:
   65         1. “Fixed contract” means a written agreement of employment
   66  for a specified period of time.
   67         2. “Continuing contract” means a written agreement that is
   68  automatically renewed until terminated by one of the parties to
   69  the contract.
   70  
   71  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
   72         And the directory clause is amended as follows:
   73         Delete lines 204 - 205
   74  and insert:
   75         Section 6. Paragraphs (c), (d), and (f) of subsection (1)
   76  and subsection (3) of section 443.091, Florida Statutes, are
   77  amended to read:
   78  
   79  ================= T I T L E  A M E N D M E N T ================
   80         And the title is amended as follows:
   81         Between lines 16 and 17
   82  insert:
   83         providing for the applicability of certain exceptions
   84         relating to benefits based on employment with a
   85         private employer under contract with an educational
   86         institution;