Bill No. CS/CS/HB 7005
Amendment No. 369945
Senate House

1Representative Randolph offered the following:
3     Amendment (with title amendment)
4     Remove lines 173-187
6     Remove lines 308-442 and insert:
7after an individual has received 25 weeks of benefits in a
8single year, suitable work is a job that pays the minimum wage
9and is 120 percent or more of the weekly benefit amount the
10individual is drawing.
11     (a)  In determining whether or not any work is suitable for
12an individual, the Agency for Workforce Innovation shall
13consider the degree of risk involved to his or her health,
14safety, and morals; his or her physical fitness and prior
15training; the individual's experience and prior earnings; his or
16her length of unemployment and prospects for securing local work
17in his or her customary occupation; and the distance of the
18available work from his or her residence.
19     (b)  Notwithstanding any other provisions of this chapter,
20work is not deemed suitable and benefits may not be denied under
21this chapter to any otherwise eligible individual for refusing
22to accept new work under any of the following conditions:
23     1.  If the position offered is vacant due directly to a
24strike, lockout, or other labor dispute.
25     2.  If the wages, hours, or other conditions of the work
26offered are substantially less favorable to the individual than
27those prevailing for similar work in the locality.
28     3.  If as a condition of being employed, the individual
29would be required to join a company union or to resign from or
30refrain from joining any bona fide labor organization.
31     (c)  If the Agency for Workforce Innovation finds that an
32individual was rejected for offered employment as the direct
33result of a positive, confirmed drug test required as a
34condition of employment, the individual is disqualified for
35refusing to accept an offer of suitable work.
36     (3)  For any week with respect to which he or she is
37receiving 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
40individual's severance pay disqualifies the individual is equal
41to the amount of the severance pay divided by that individual's
42average weekly wage received from the employer that paid the
43severance pay, rounded down to the nearest whole number,
44beginning with the week the individual is separated from
46     (c)(b)1.  Compensation for temporary total disability or
47permanent total disability under the workers' compensation law
48of any state or under a similar law of the United States.
502.  However, If the remuneration referred to in this subsection
51paragraphs (a) and (b) is less than the benefits that would
52otherwise be due under this chapter, an individual who is
53otherwise eligible he or she is entitled to receive for that
54week, if otherwise eligible, benefits reduced by the amount of
55the remuneration.
56     (9)  If the individual was terminated from his or her work
57for violation of any criminal law punishable by imprisonment, or
58for any dishonest act, in connection with his or her work, as
60     (a)  If the Agency for Workforce Innovation or the
61Unemployment Appeals Commission finds that the individual was
62terminated from his or her work for violation of any criminal
63law, under any jurisdiction, which was punishable by
64imprisonment in connection with his or her work, and the
65individual was convicted found guilty of the offense, made an
66admission of guilt in a court of law, or entered a plea of
67guilty or nolo contendere no contest, the individual is not
68entitled to unemployment benefits for up to 52 weeks, pursuant
69to under rules adopted by the agency for Workforce Innovation,
70and until he or she has earned income of at least 17 times his
71or her weekly benefit amount. If, before an adjudication of
72guilt, an admission of guilt, or a plea of nolo contendere no
73contest, the employer proves by competent substantial evidence
74to shows the agency for Workforce Innovation that the arrest was
75due to a crime against the employer or the employer's business,
76customers, or invitees and, after considering all the evidence,
77the Agency for Workforce Innovation finds misconduct in
78connection with the individual's work, the individual is not
79entitled to unemployment benefits.
80     (b)  If the Agency for Workforce Innovation or the
81Unemployment Appeals Commission finds that the individual was
82terminated from work for any dishonest act in connection with
83his or her work, the individual is not entitled to unemployment
84benefits for up to 52 weeks, under rules adopted by the Agency
85for Workforce Innovation, and until he or she has earned income
86of at least 17 times his or her weekly benefit amount. In
87addition, if the employer terminates an individual as a result
88of a dishonest act in connection with his or her work and the
89Agency for Workforce Innovation finds misconduct in connection
90with his or her work, the individual is not entitled to
91unemployment benefits.
93With respect to an individual disqualified for benefits, the
94account of the terminating employer, if the employer is in the
95base period, is noncharged at the time the disqualification is
97     (12)  For any week in which the individual is unavailable
98for work due to incarceration or imprisonment.
T I T L E  A M E N D M E N T
103     Remove lines 10-24 and insert:
104and additional lapses in behavior; amending s. 443.091, F.S.;
105conforming provisions to changes made by the act; requiring that
106an applicant for benefits participate in an initial skills
107review; providing exceptions; requiring the administrator or
108operator of the initial skills review to notify specified
109entities regarding review completion and results; amending s.
110443.101, F.S.; clarifying "good cause" for voluntarily leaving
111employment; disqualifying a person for benefits due to the
112receipt of severance pay; revising provisions relating to the
113effects of criminal acts on eligibility for benefits; amending
114s. 443.1216,

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