Florida Senate - 2022 SB 1568
By Senator Bracy
11-00668-22 20221568__
1 A bill to be entitled
2 An act relating to reemployment assistance; amending
3 s. 443.036, F.S.; defining terms and revising
4 definitions; amending s. 443.091, F.S.; revising
5 requirements for reemployment assistance benefits
6 eligibility; requiring an alternative base period to
7 be used under certain circumstances when calculating
8 wages in determining eligibility for such benefits;
9 creating s. 443.092, F.S.; prohibiting the Department
10 of Economic Opportunity from denying a person
11 reemployment assistance solely on the basis of
12 pregnancy; amending s. 443.111, F.S.; requiring an
13 alternative base period to be used under certain
14 circumstances when calculating wages in determining
15 qualification for reemployment assistance benefits;
16 requiring the department to contact an individual’s
17 employer if certain wage information is unavailable
18 from specified reports; specifying that wages that
19 fall within an alternative base period are not
20 available for reuse in subsequent benefit years;
21 requiring the department to adopt rules; revising the
22 weekly benefit amounts an individual may receive;
23 replacing the term “Florida average unemployment rate”
24 with “most recent monthly unemployment rate”; defining
25 the term “most recent monthly unemployment rate”;
26 increasing the cap on the total benefit amount an
27 individual is entitled to receive during a benefit
28 year; increasing the duration of benefits; amending
29 ss. 215.425, 443.1216, and 443.131, F.S.; conforming
30 cross-references; reenacting ss. 443.041(2)(b) and
31 443.1116(6), (7), and (8)(a), F.S., relating to fees
32 and short-time compensation, respectively, to
33 incorporate the amendments made to s. 443.111, F.S.,
34 in references thereto; providing an effective date.
35
36 Be It Enacted by the Legislature of the State of Florida:
37
38 Section 1. Present subsections (3) through (46) of section
39 443.036, Florida Statutes, are redesignated as subsections (4)
40 through (47), respectively, a new subsection (3) is added to
41 that section, and present subsection (24) of that section is
42 amended, to read:
43 443.036 Definitions.—As used in this chapter, the term:
44 (3) “Alternative base period” means the four most recently
45 completed calendar quarters before an individual’s benefit year,
46 if such quarters qualify the individual for benefits and were
47 not previously used to establish a prior valid benefit year.
48 (25)(24) “High quarter” means the quarter in an
49 individual’s base period, or in the individual’s alternative
50 base period if an alternative base period is used for
51 determining benefits eligibility, in which the individual has
52 the greatest amount of wages paid, regardless of the number of
53 employers paying wages in that quarter.
54 Section 2. Paragraphs (d) and (g) of subsection (1) of
55 section 443.091, Florida Statutes, are amended to read:
56 443.091 Benefit eligibility conditions.—
57 (1) An unemployed individual is eligible to receive
58 benefits for any week only if the Department of Economic
59 Opportunity finds that:
60 (d) She or he is able to work and is available for work. In
61 order to assess eligibility for a claimed week of unemployment,
62 the department shall develop criteria to determine a claimant’s
63 ability to work and availability for work. A claimant must be
64 actively seeking work in order to be considered available for
65 work. This means engaging in systematic and sustained efforts to
66 find work, including contacting at least three five prospective
67 employers for each week of unemployment claimed. For the
68 purposes of meeting the requirements of this paragraph, a
69 claimant may contact a prospective employer by submitting a
70 resume to an employer through an online job search service. A
71 claimant who submits a resume to at least three prospective
72 employers for each week of unemployment claimed through an
73 online job search service satisfies the work search requirements
74 of this paragraph. The department may require the claimant to
75 provide proof of such efforts to the one-stop career center as
76 part of reemployment services. A claimant’s proof of work search
77 efforts may not include the same prospective employer at the
78 same location in 3 consecutive weeks, unless the employer has
79 indicated since the time of the initial contact that the
80 employer is hiring. The department shall conduct random reviews
81 of work search information provided by claimants. As an
82 alternative to contacting at least three five prospective
83 employers for any week of unemployment claimed, a claimant may,
84 for that same week, report in person to a one-stop career center
85 to meet with a representative of the center and access
86 reemployment services of the center. The center shall keep a
87 record of the services or information provided to the claimant
88 and shall provide the records to the department upon request by
89 the department. However:
90 1. Notwithstanding any other provision of this paragraph or
91 paragraphs (b) and (e), an otherwise eligible individual may not
92 be denied benefits for any week because she or he is in training
93 with the approval of the department, or by reason of s.
94 443.101(2) relating to failure to apply for, or refusal to
95 accept, suitable work. Training may be approved by the
96 department in accordance with criteria prescribed by rule. A
97 claimant’s eligibility during approved training is contingent
98 upon satisfying eligibility conditions prescribed by rule.
99 2. Notwithstanding any other provision of this chapter, an
100 otherwise eligible individual who is in training approved under
101 s. 236(a)(1) of the Trade Act of 1974, as amended, may not be
102 determined ineligible or disqualified for benefits due to
103 enrollment in such training or because of leaving work that is
104 not suitable employment to enter such training. As used in this
105 subparagraph, the term “suitable employment” means work of a
106 substantially equal or higher skill level than the worker’s past
107 adversely affected employment, as defined for purposes of the
108 Trade Act of 1974, as amended, the wages for which are at least
109 80 percent of the worker’s average weekly wage as determined for
110 purposes of the Trade Act of 1974, as amended.
111 3. Notwithstanding any other provision of this section, an
112 otherwise eligible individual may not be denied benefits for any
113 week because she or he is before any state or federal court
114 pursuant to a lawfully issued summons to appear for jury duty.
115 4. Union members who customarily obtain employment through
116 a union hiring hall may satisfy the work search requirements of
117 this paragraph by reporting daily to their union hall.
118 5. The work search requirements of this paragraph do not
119 apply to persons who are unemployed as a result of a temporary
120 layoff or who are claiming benefits under an approved short-time
121 compensation plan as provided in s. 443.1116.
122 6. In small counties as defined in s. 120.52(19), a
123 claimant engaging in systematic and sustained efforts to find
124 work must contact at least two three prospective employers for
125 each week of unemployment claimed.
126 7. The work search requirements of this paragraph do not
127 apply to persons required to participate in reemployment
128 services under paragraph (e).
129 (g) She or he has been paid wages for insured work equal to
130 1.5 times her or his high quarter wages during her or his base
131 period, except that an unemployed individual is not eligible to
132 receive benefits if the base period wages are less than $3,400.
133 If an unemployed individual is ineligible for benefits based on
134 base period wages, his or her wages must be calculated using the
135 alternative base period, and his or her claim must be
136 established using such wages.
137 Section 3. Section 443.092, Florida Statutes, is created to
138 read:
139 443.092 Denial of reemployment assistance solely on the
140 basis of pregnancy prohibited.—The department may not deny a
141 person reemployment assistance solely on the basis of pregnancy.
142 Section 4. Subsections (2) and (3) and paragraphs (a), (b),
143 and (c) of subsection (5) of section 443.111, Florida Statutes,
144 are amended, and paragraph (b) of subsection (1) is republished,
145 to read:
146 443.111 Payment of benefits.—
147 (1) MANNER OF PAYMENT.—Benefits are payable from the fund
148 in accordance with rules adopted by the Department of Economic
149 Opportunity, subject to the following requirements:
150 (b) As required under s. 443.091(1), each claimant must
151 report at least biweekly to receive reemployment assistance
152 benefits and to attest to the fact that she or he is able and
153 available for work, has not refused suitable work, is seeking
154 work and has met the requirements of s. 443.091(1)(d), and, if
155 she or he has worked, to report earnings from that work. Each
156 claimant must continue to report regardless of any appeal or
157 pending appeal relating to her or his eligibility or
158 disqualification for benefits.
159 (2) QUALIFYING REQUIREMENTS.—
160 (a) To establish a benefit year for reemployment assistance
161 benefits, an individual must have:
162 1.(a) Wage credits in two or more calendar quarters of the
163 individual’s base period or alternative base period.
164 2.(b) Minimum total base period wage credits equal to the
165 high quarter wages multiplied by 1.5, but at least $3,400 in the
166 base period, or in the alternative base period if the
167 alternative base period is used for benefits eligibility.
168 (b)1. If a worker is ineligible for benefits based on base
169 period wages, wages for that worker must be calculated using an
170 alternative base period, and the claim must be established using
171 such wages.
172 2. If the wage information for an individual’s most
173 recently completed calendar quarter is unavailable to the
174 department from regular quarterly reports of systematically
175 accessible wage information, the department must promptly
176 contact the individual’s employer to obtain the wage
177 information.
178 3. Wages that fall within the alternative base period of
179 claims established under this paragraph are not available for
180 reuse in qualifying for any subsequent benefit years.
181 4. The department shall adopt rules to administer this
182 paragraph.
183 (3) WEEKLY BENEFIT AMOUNT.—
184 (a) Except as provided in paragraph (b), an individual’s
185 “weekly benefit amount” is an amount equal to one twenty-sixth
186 of the total wages for insured work paid during that quarter of
187 the base period in which the total wages paid were the highest,
188 but not less than $100 $32 or more than $375 $275. The weekly
189 benefit amount, if not a multiple of $1, is rounded downward to
190 the nearest full dollar amount. The maximum weekly benefit
191 amount in effect at the time the claimant establishes an
192 individual weekly benefit amount is the maximum benefit amount
193 applicable throughout the claimant’s benefit year.
194 (b) If an individual’s weekly benefit calculated pursuant
195 to paragraph (a) would result in a weekly benefit amount of less
196 than $100, the individual’s weekly benefit amount may not exceed
197 one-thirteenth of the total wages for insured work paid during
198 the quarter of the base period in which the total wages paid
199 were the highest or $100, whichever is less.
200 (5) DURATION OF BENEFITS.—
201 (a) As used in this section, the term “most recent monthly
202 Florida average unemployment rate” means the most recently
203 available month’s average of the 3 months for the most recent
204 third calendar year quarter of the seasonally adjusted statewide
205 unemployment rate rates as published by the Department of
206 Economic Opportunity.
207 (b) Each otherwise eligible individual is entitled during
208 any benefit year to a total amount of benefits equal to 25
209 percent of the total wages in his or her base period, not to
210 exceed $9,375 $6,325 or the product arrived at by multiplying
211 the weekly benefit amount with the number of weeks determined in
212 paragraph (c), whichever is less. However, the total amount of
213 benefits, if not a multiple of $1, is rounded downward to the
214 nearest full dollar amount. These benefits are payable at a
215 weekly rate no greater than the weekly benefit amount.
216 (c) For claims submitted during a month calendar year, the
217 duration of benefits is limited to:
218 1. Fourteen Twelve weeks if this state’s most recent
219 monthly average unemployment rate is at or below 5 percent.
220 2. An additional week in addition to the 14 12 weeks for
221 each 0.5 percent increment in this state’s most recent monthly
222 average unemployment rate above 5 percent.
223 3. Up to a maximum of 25 23 weeks if this state’s most
224 recent monthly average unemployment rate equals or exceeds 10.5
225 percent.
226 Section 5. Paragraph (a) of subsection (4) of section
227 215.425, Florida Statutes, is amended to read:
228 215.425 Extra compensation claims prohibited; bonuses;
229 severance pay.—
230 (4)(a) On or after July 1, 2011, a unit of government that
231 enters into a contract or employment agreement, or renewal or
232 renegotiation of an existing contract or employment agreement,
233 that contains a provision for severance pay with an officer,
234 agent, employee, or contractor must include the following
235 provisions in the contract:
236 1. A requirement that severance pay provided may not exceed
237 an amount greater than 20 weeks of compensation.
238 2. A prohibition of provision of severance pay when the
239 officer, agent, employee, or contractor has been fired for
240 misconduct, as defined in s. 443.036(30) s. 443.036(29), by the
241 unit of government.
242 Section 6. Paragraph (a) of subsection (1) and paragraph
243 (f) of subsection (13) of section 443.1216, Florida Statutes,
244 are amended to read:
245 443.1216 Employment.—Employment, as defined in s. 443.036,
246 is subject to this chapter under the following conditions:
247 (1)(a) The employment subject to this chapter includes a
248 service performed, including a service performed in interstate
249 commerce, by:
250 1. An officer of a corporation.
251 2. An individual who, under the usual common-law rules
252 applicable in determining the employer-employee relationship, is
253 an employee. However, whenever a client, as defined in s.
254 443.036(19) s. 443.036(18), which would otherwise be designated
255 as an employing unit has contracted with an employee leasing
256 company to supply it with workers, those workers are considered
257 employees of the employee leasing company. An employee leasing
258 company may lease corporate officers of the client to the client
259 and other workers to the client, except as prohibited by
260 regulations of the Internal Revenue Service. Employees of an
261 employee leasing company must be reported under the employee
262 leasing company’s tax identification number and contribution
263 rate for work performed for the employee leasing company.
264 a. However, except for the internal employees of an
265 employee leasing company, each employee leasing company may make
266 a separate one-time election to report and pay contributions
267 under the tax identification number and contribution rate for
268 each client of the employee leasing company. Under the client
269 method, an employee leasing company choosing this option must
270 assign leased employees to the client company that is leasing
271 the employees. The client method is solely a method to report
272 and pay unemployment contributions, and, whichever method is
273 chosen, such election may not impact any other aspect of state
274 law. An employee leasing company that elects the client method
275 must pay contributions at the rates assigned to each client
276 company.
277 (I) The election applies to all of the employee leasing
278 company’s current and future clients.
279 (II) The employee leasing company must notify the
280 Department of Revenue of its election by July 1, 2012, and such
281 election applies to reports and contributions for the first
282 quarter of the following calendar year. The notification must
283 include:
284 (A) A list of each client company and the unemployment
285 account number or, if one has not yet been issued, the federal
286 employment identification number, as established by the employee
287 leasing company upon the election to file by client method;
288 (B) A list of each client company’s current and previous
289 employees and their respective social security numbers for the
290 prior 3 state fiscal years or, if the client company has not
291 been a client for the prior 3 state fiscal years, such portion
292 of the prior 3 state fiscal years that the client company has
293 been a client must be supplied;
294 (C) The wage data and benefit charges associated with each
295 client company for the prior 3 state fiscal years or, if the
296 client company has not been a client for the prior 3 state
297 fiscal years, such portion of the prior 3 state fiscal years
298 that the client company has been a client must be supplied. If
299 the client company’s employment record is chargeable with
300 benefits for less than 8 calendar quarters while being a client
301 of the employee leasing company, the client company must pay
302 contributions at the initial rate of 2.7 percent; and
303 (D) The wage data and benefit charges for the prior 3 state
304 fiscal years that cannot be associated with a client company
305 must be reported and charged to the employee leasing company.
306 (III) Subsequent to choosing the client method, the
307 employee leasing company may not change its reporting method.
308 (IV) The employee leasing company shall file a Florida
309 Department of Revenue Employer’s Quarterly Report for each
310 client company by approved electronic means, and pay all
311 contributions by approved electronic means.
312 (V) For the purposes of calculating experience rates when
313 the client method is chosen, each client’s own benefit charges
314 and wage data experience while with the employee leasing company
315 determines each client’s tax rate where the client has been a
316 client of the employee leasing company for at least 8 calendar
317 quarters before the election. The client company shall continue
318 to report the nonleased employees under its tax rate.
319 (VI) The election is binding on each client of the employee
320 leasing company for as long as a written agreement is in effect
321 between the client and the employee leasing company pursuant to
322 s. 468.525(3)(a). If the relationship between the employee
323 leasing company and the client terminates, the client retains
324 the wage and benefit history experienced under the employee
325 leasing company.
326 (VII) Notwithstanding which election method the employee
327 leasing company chooses, the applicable client company is an
328 employing unit for purposes of s. 443.071. The employee leasing
329 company or any of its officers or agents are liable for any
330 violation of s. 443.071 engaged in by such persons or entities.
331 The applicable client company or any of its officers or agents
332 are liable for any violation of s. 443.071 engaged in by such
333 persons or entities. The employee leasing company or its
334 applicable client company is not liable for any violation of s.
335 443.071 engaged in by the other party or by the other party’s
336 officers or agents.
337 (VIII) If an employee leasing company fails to select the
338 client method of reporting not later than July 1, 2012, the
339 entity is required to report under the employee leasing
340 company’s tax identification number and contribution rate.
341 (IX) After an employee leasing company is licensed pursuant
342 to part XI of chapter 468, each newly licensed entity has 30
343 days after the date the license is granted to notify the tax
344 collection service provider in writing of their selection of the
345 client method. A newly licensed employee leasing company that
346 fails to timely select reporting pursuant to the client method
347 of reporting must report under the employee leasing company’s
348 tax identification number and contribution rate.
349 (X) Irrespective of the election, each transfer of trade or
350 business, including workforce, or a portion thereof, between
351 employee leasing companies is subject to the provisions of s.
352 443.131(3)(h) if, at the time of the transfer, there is common
353 ownership, management, or control between the entities.
354 b. In addition to any other report required to be filed by
355 law, an employee leasing company shall submit a report to the
356 Labor Market Statistics Center within the Department of Economic
357 Opportunity which includes each client establishment and each
358 establishment of the leasing company, or as otherwise directed
359 by the department. The report must include the following
360 information for each establishment:
361 (I) The trade or establishment name;
362 (II) The former reemployment assistance account number, if
363 available;
364 (III) The former federal employer’s identification number,
365 if available;
366 (IV) The industry code recognized and published by the
367 United States Office of Management and Budget, if available;
368 (V) A description of the client’s primary business activity
369 in order to verify or assign an industry code;
370 (VI) The address of the physical location;
371 (VII) The number of full-time and part-time employees who
372 worked during, or received pay that was subject to reemployment
373 assistance taxes for, the pay period including the 12th of the
374 month for each month of the quarter;
375 (VIII) The total wages subject to reemployment assistance
376 taxes paid during the calendar quarter;
377 (IX) An internal identification code to uniquely identify
378 each establishment of each client;
379 (X) The month and year that the client entered into the
380 contract for services; and
381 (XI) The month and year that the client terminated the
382 contract for services.
383 c. The report must be submitted electronically or in a
384 manner otherwise prescribed by the Department of Economic
385 Opportunity in the format specified by the Bureau of Labor
386 Statistics of the United States Department of Labor for its
387 Multiple Worksite Report for Professional Employer
388 Organizations. The report must be provided quarterly to the
389 Labor Market Statistics Center within the department, or as
390 otherwise directed by the department, and must be filed by the
391 last day of the month immediately after the end of the calendar
392 quarter. The information required in sub-sub-subparagraphs b.(X)
393 and (XI) need be provided only in the quarter in which the
394 contract to which it relates was entered into or terminated. The
395 sum of the employment data and the sum of the wage data in this
396 report must match the employment and wages reported in the
397 reemployment assistance quarterly tax and wage report.
398 d. The department shall adopt rules as necessary to
399 administer this subparagraph, and may administer, collect,
400 enforce, and waive the penalty imposed by s. 443.141(1)(b) for
401 the report required by this subparagraph.
402 e. For the purposes of this subparagraph, the term
403 “establishment” means any location where business is conducted
404 or where services or industrial operations are performed.
405 3. An individual other than an individual who is an
406 employee under subparagraph 1. or subparagraph 2., who performs
407 services for remuneration for any person:
408 a. As an agent-driver or commission-driver engaged in
409 distributing meat products, vegetable products, fruit products,
410 bakery products, beverages other than milk, or laundry or
411 drycleaning services for his or her principal.
412 b. As a traveling or city salesperson engaged on a full
413 time basis in the solicitation on behalf of, and the
414 transmission to, his or her principal of orders from
415 wholesalers, retailers, contractors, or operators of hotels,
416 restaurants, or other similar establishments for merchandise for
417 resale or supplies for use in the business operations. This sub
418 subparagraph does not apply to an agent-driver or a commission
419 driver and does not apply to sideline sales activities performed
420 on behalf of a person other than the salesperson’s principal.
421 4. The services described in subparagraph 3. are employment
422 subject to this chapter only if:
423 a. The contract of service contemplates that substantially
424 all of the services are to be performed personally by the
425 individual;
426 b. The individual does not have a substantial investment in
427 facilities used in connection with the services, other than
428 facilities used for transportation; and
429 c. The services are not in the nature of a single
430 transaction that is not part of a continuing relationship with
431 the person for whom the services are performed.
432 (13) The following are exempt from coverage under this
433 chapter:
434 (f) Service performed in the employ of a public employer as
435 defined in s. 443.036, except as provided in subsection (2), and
436 service performed in the employ of an instrumentality of a
437 public employer as described in s. 443.036(36)(b) or (c) s.
438 443.036(35)(b) or (c), to the extent that the instrumentality is
439 immune under the United States Constitution from the tax imposed
440 by s. 3301 of the Internal Revenue Code for that service.
441 Section 7. Paragraph (g) of subsection (3) of section
442 443.131, Florida Statutes, is amended to read:
443 443.131 Contributions.—
444 (3) VARIATION OF CONTRIBUTION RATES BASED ON BENEFIT
445 EXPERIENCE.—
446 (g) Transfer of employment records.—
447 1. For the purposes of this subsection, two or more
448 employers who are parties to a transfer of business or the
449 subject of a merger, consolidation, or other form of
450 reorganization, effecting a change in legal identity or form,
451 are deemed a single employer and are considered to be one
452 employer with a continuous employment record if the tax
453 collection service provider finds that the successor employer
454 continues to carry on the employing enterprises of all of the
455 predecessor employers and that the successor employer has paid
456 all contributions required of and due from all of the
457 predecessor employers and has assumed liability for all
458 contributions that may become due from all of the predecessor
459 employers. In addition, an employer may not be considered a
460 successor under this subparagraph if the employer purchases a
461 company with a lower rate into which employees with job
462 functions unrelated to the business endeavors of the predecessor
463 are transferred for the purpose of acquiring the low rate and
464 avoiding payment of contributions. As used in this paragraph,
465 notwithstanding s. 443.036(15) s. 443.036(14), the term
466 “contributions” means all indebtedness to the tax collection
467 service provider, including, but not limited to, interest,
468 penalty, collection fee, and service fee. A successor employer
469 must accept the transfer of all of the predecessor employers’
470 employment records within 30 days after the date of the official
471 notification of liability by succession. If a predecessor
472 employer has unpaid contributions or outstanding quarterly
473 reports, the successor employer must pay the total amount with
474 certified funds within 30 days after the date of the notice
475 listing the total amount due. After the total indebtedness is
476 paid, the tax collection service provider shall transfer the
477 employment records of all of the predecessor employers to the
478 successor employer’s employment record. The tax collection
479 service provider shall determine the contribution rate of the
480 combined successor and predecessor employers upon the transfer
481 of the employment records, as prescribed by rule, in order to
482 calculate any change in the contribution rate resulting from the
483 transfer of the employment records.
484 2. Regardless of whether a predecessor employer’s
485 employment record is transferred to a successor employer under
486 this paragraph, the tax collection service provider shall treat
487 the predecessor employer, if he or she subsequently employs
488 individuals, as an employer without a previous employment record
489 or, if his or her coverage is terminated under s. 443.121, as a
490 new employing unit.
491 3. The state agency providing reemployment assistance tax
492 collection services may adopt rules governing the partial
493 transfer of experience rating when an employer transfers an
494 identifiable and segregable portion of his or her payrolls and
495 business to a successor employing unit. As a condition of each
496 partial transfer, these rules must require the following to be
497 filed with the tax collection service provider: an application
498 by the successor employing unit, an agreement by the predecessor
499 employer, and the evidence required by the tax collection
500 service provider to show the benefit experience and payrolls
501 attributable to the transferred portion through the date of the
502 transfer. These rules must provide that the successor employing
503 unit, if not an employer subject to this chapter, becomes an
504 employer as of the date of the transfer and that the transferred
505 portion of the predecessor employer’s employment record is
506 removed from the employment record of the predecessor employer.
507 For each calendar year after the date of the transfer of the
508 employment record in the records of the tax collection service
509 provider, the service provider shall compute the contribution
510 rate payable by the successor employer or employing unit based
511 on his or her employment record, combined with the transferred
512 portion of the predecessor employer’s employment record. These
513 rules may also prescribe what contribution rates are payable by
514 the predecessor and successor employers for the period between
515 the date of the transfer of the transferred portion of the
516 predecessor employer’s employment record in the records of the
517 tax collection service provider and the first day of the next
518 calendar year.
519 4. This paragraph does not apply to an employee leasing
520 company and client contractual agreement as defined in s.
521 443.036, except as provided in s. 443.1216(1)(a)2.a. The tax
522 collection service provider shall, if the contractual agreement
523 is terminated or the employee leasing company fails to submit
524 reports or pay contributions as required by the service
525 provider, treat the client as a new employer without previous
526 employment record unless the client is otherwise eligible for a
527 variation from the standard rate.
528 Section 8. For the purpose of incorporating the amendments
529 made by this act to section 443.111, Florida Statutes, in a
530 reference thereto, paragraph (b) of subsection (2) of section
531 443.041, Florida Statutes, is reenacted to read:
532 443.041 Waiver of rights; fees; privileged communications.—
533 (2) FEES.—
534 (b) An attorney at law representing a claimant for benefits
535 in any district court of appeal of this state or in the Supreme
536 Court of Florida is entitled to counsel fees payable by the
537 department as set by the court if the petition for review or
538 appeal is initiated by the claimant and results in a decision
539 awarding more benefits than provided in the decision from which
540 appeal was taken. The amount of the fee may not exceed 50
541 percent of the total amount of regular benefits permitted under
542 s. 443.111(5)(b) during the benefit year.
543 Section 9. For the purpose of incorporating the amendments
544 made by this act to section 443.111, Florida Statutes, in
545 references thereto, subsections (6) and (7) and paragraph (a) of
546 subsection (8) of section 443.1116, Florida Statutes, are
547 reenacted to read:
548 443.1116 Short-time compensation.—
549 (6) WEEKLY SHORT-TIME COMPENSATION BENEFIT AMOUNT.—The
550 weekly short-time compensation benefit amount payable to an
551 individual is equal to the product of her or his weekly benefit
552 amount as provided in s. 443.111(3) and the ratio of the number
553 of normal weekly hours of work for which the employer would not
554 compensate the individual to the individual’s normal weekly
555 hours of work. The benefit amount, if not a multiple of $1, is
556 rounded downward to the next lower multiple of $1.
557 (7) TOTAL SHORT-TIME COMPENSATION BENEFIT AMOUNT.—An
558 individual may not be paid benefits under this section in any
559 benefit year for more than the maximum entitlement provided in
560 s. 443.111(5), and an individual may not be paid short-time
561 compensation benefits for more than 26 weeks in any benefit
562 year.
563 (8) EFFECT OF SHORT-TIME COMPENSATION BENEFITS RELATING TO
564 THE PAYMENT OF REGULAR AND EXTENDED BENEFITS.—
565 (a) The short-time compensation benefits paid to an
566 individual shall be deducted from the total benefit amount
567 established for that individual in s. 443.111(5).
568 Section 10. This act shall take effect July 1, 2022.