Florida Senate - 2023                                    SB 1518
       By Senator Pizzo
       37-01128-23                                           20231518__
    1                        A bill to be entitled                      
    2         An act relating to reemployment assistance; amending
    3         s. 443.036, F.S.; defining and revising terms for
    4         purposes of the Reemployment Assistance Program Law;
    5         amending s. 443.091, F.S.; revising requirements for
    6         reemployment assistance benefits eligibility; creating
    7         s. 443.092, F.S.; prohibiting the Department of
    8         Economic Opportunity from denying a person
    9         reemployment assistance solely on the basis of
   10         pregnancy; amending s. 443.111, F.S.; requiring that
   11         an alternative base period be used under certain
   12         circumstances when calculating wages in determining
   13         qualification for reemployment assistance benefits;
   14         requiring the department to contact an individual’s
   15         employer if certain wage information is unavailable
   16         through specified means; specifying that wages that
   17         fall within an alternative base period are not
   18         available for reuse in subsequent benefit years;
   19         requiring the department to adopt rules; revising the
   20         weekly benefit amounts an individual may receive;
   21         replacing the term “Florida average unemployment rate”
   22         with “most recent monthly unemployment rate”; defining
   23         the term “most recent unemployment rate”; increasing
   24         the cap on the total benefit amount an individual is
   25         entitled to receive during a benefit year; increasing
   26         the duration of benefits; amending ss. 215.425,
   27         443.1216, and 443.131, F.S.; conforming cross
   28         references; reenacting ss. 443.041(2)(b) and
   29         443.1116(6), (7), and (8)(a), F.S., relating to fees
   30         and short-time compensation, respectively, to
   31         incorporate the amendments made to s. 443.111, F.S.,
   32         in references thereto; providing an effective date.
   34  Be It Enacted by the Legislature of the State of Florida:
   36         Section 1. Present subsections (3) through (46) of section
   37  443.036, Florida Statutes, are redesignated as subsections (4)
   38  through (47), respectively, a new subsection (3) is added to
   39  that section, and present subsection (24) of that section is
   40  amended, to read:
   41         443.036 Definitions.—As used in this chapter, the term:
   42         (3) “Alternative base period” means the four most recently
   43  completed calendar quarters before an individual’s benefit year,
   44  if such quarters qualify the individual for benefits and were
   45  not previously used to establish a prior valid benefit year.
   46         (25)(24) “High quarter” means the quarter in an
   47  individual’s base period, or in the individual’s alternative
   48  base period if an alternative base period is used for
   49  determining benefits eligibility, in which the individual has
   50  the greatest amount of wages paid, regardless of the number of
   51  employers paying wages in that quarter.
   52         Section 2. Paragraphs (d) and (g) of subsection (1) of
   53  section 443.091, Florida Statutes, are amended to read:
   54         443.091 Benefit eligibility conditions.—
   55         (1) An unemployed individual is eligible to receive
   56  benefits for any week only if the Department of Economic
   57  Opportunity finds that:
   58         (d) She or he is able to work and is available for work. In
   59  order to assess eligibility for a claimed week of unemployment,
   60  the department shall develop criteria to determine a claimant’s
   61  ability to work and availability for work. A claimant must be
   62  actively seeking work in order to be considered available for
   63  work. This means engaging in systematic and sustained efforts to
   64  find work, including contacting at least three five prospective
   65  employers for each week of unemployment claimed. For the
   66  purposes of meeting the requirements of this paragraph, a
   67  claimant may contact a prospective employer by submitting a
   68  resume to an employer through an online job search service. A
   69  claimant who submits a resume to at least three employers
   70  through an online job search service satisfies the work search
   71  requirements of this paragraph. The department may require the
   72  claimant to provide proof of such efforts to the one-stop career
   73  center as part of reemployment services. A claimant’s proof of
   74  work search efforts may not include the same prospective
   75  employer at the same location in 3 consecutive weeks, unless the
   76  employer has indicated since the time of the initial contact
   77  that the employer is hiring. The department shall conduct random
   78  reviews of work search information provided by claimants. As an
   79  alternative to contacting at least three five prospective
   80  employers for any week of unemployment claimed, a claimant may,
   81  for that same week, report in person to a one-stop career center
   82  to meet with a representative of the center and access
   83  reemployment services of the center. The center shall keep a
   84  record of the services or information provided to the claimant
   85  and shall provide the records to the department upon request by
   86  the department. However:
   87         1. Notwithstanding any other provision of this paragraph or
   88  paragraphs (b) and (e), an otherwise eligible individual may not
   89  be denied benefits for any week because she or he is in training
   90  with the approval of the department, or by reason of s.
   91  443.101(2) relating to failure to apply for, or refusal to
   92  accept, suitable work. Training may be approved by the
   93  department in accordance with criteria prescribed by rule. A
   94  claimant’s eligibility during approved training is contingent
   95  upon satisfying eligibility conditions prescribed by rule.
   96         2. Notwithstanding any other provision of this chapter, an
   97  otherwise eligible individual who is in training approved under
   98  s. 236(a)(1) of the Trade Act of 1974, as amended, may not be
   99  determined ineligible or disqualified for benefits due to
  100  enrollment in such training or because of leaving work that is
  101  not suitable employment to enter such training. As used in this
  102  subparagraph, the term “suitable employment” means work of a
  103  substantially equal or higher skill level than the worker’s past
  104  adversely affected employment, as defined for purposes of the
  105  Trade Act of 1974, as amended, the wages for which are at least
  106  80 percent of the worker’s average weekly wage as determined for
  107  purposes of the Trade Act of 1974, as amended.
  108         3. Notwithstanding any other provision of this section, an
  109  otherwise eligible individual may not be denied benefits for any
  110  week because she or he is before any state or federal court
  111  pursuant to a lawfully issued summons to appear for jury duty.
  112         4. Union members who customarily obtain employment through
  113  a union hiring hall may satisfy the work search requirements of
  114  this paragraph by reporting daily to their union hall.
  115         5. The work search requirements of this paragraph do not
  116  apply to persons who are unemployed as a result of a temporary
  117  layoff or who are claiming benefits under an approved short-time
  118  compensation plan as provided in s. 443.1116.
  119         6. In small counties as defined in s. 120.52(19), a
  120  claimant engaging in systematic and sustained efforts to find
  121  work must contact at least two three prospective employers for
  122  each week of unemployment claimed.
  123         7. The work search requirements of this paragraph do not
  124  apply to persons required to participate in reemployment
  125  services under paragraph (e).
  126         (g) She or he has been paid wages for insured work equal to
  127  1.5 times her or his high quarter wages during her or his base
  128  period, except that an unemployed individual is not eligible to
  129  receive benefits if the base period wages are less than $3,400.
  130  If an unemployed individual is ineligible for benefits based on
  131  base period wages, his or her wages must be calculated using the
  132  alternative base period and his or her claim shall be
  133  established using such wages.
  134         Section 3. Section 443.092, Florida Statutes, is created to
  135  read:
  136         443.092 Denial of reemployment assistance solely on the
  137  basis of pregnancy prohibited.—The department may not deny a
  138  person reemployment assistance solely on the basis of pregnancy.
  139         Section 4. Subsections (2) and (3) and paragraphs (a), (b),
  140  and (c) of subsection (5) of section 443.111, Florida Statutes,
  141  are amended, and paragraph (b) of subsection (1) is republished,
  142  to read:
  143         443.111 Payment of benefits.—
  144         (1) MANNER OF PAYMENT.—Benefits are payable from the fund
  145  in accordance with rules adopted by the Department of Economic
  146  Opportunity, subject to the following requirements:
  147         (b) As required under s. 443.091(1), each claimant must
  148  report at least biweekly to receive reemployment assistance
  149  benefits and to attest to the fact that she or he is able and
  150  available for work, has not refused suitable work, is seeking
  151  work and has met the requirements of s. 443.091(1)(d), and, if
  152  she or he has worked, to report earnings from that work. Each
  153  claimant must continue to report regardless of any appeal or
  154  pending appeal relating to her or his eligibility or
  155  disqualification for benefits.
  157         (a) To establish a benefit year for reemployment assistance
  158  benefits, an individual must have:
  159         1.(a) Wage credits in two or more calendar quarters of the
  160  individual’s base period or alternative base period.
  161         2.(b) Minimum total base period wage credits equal to the
  162  high quarter wages multiplied by 1.5, but at least $3,400 in the
  163  base period, or in the alternative base period if the
  164  alternative base period is used for benefits eligibility.
  165         (b)1. If a worker is ineligible for benefits based on base
  166  period wages, wages for that worker must be calculated using an
  167  alternative base period and the claim shall be established using
  168  such wages.
  169         2. If the wage information for an individual’s most
  170  recently completed calendar quarter is unavailable to the
  171  department from regular quarterly reports of systematically
  172  accessible wage information, the department must promptly
  173  contact the individual’s employer to obtain the wage
  174  information.
  175         3. Wages that fall within the alternative base period of
  176  claims established under this paragraph are not available for
  177  reuse in qualifying for any subsequent benefit years.
  178         4. The department shall adopt rules to administer this
  179  paragraph.
  180         (3) WEEKLY BENEFIT AMOUNT.—
  181         (a) Except as provided in paragraph (b), an individual’s
  182  “weekly benefit amount” is an amount equal to one twenty-sixth
  183  of the total wages for insured work paid during that quarter of
  184  the base period in which the total wages paid were the highest,
  185  but not less than $100 $32 or more than $375 $275. The weekly
  186  benefit amount, if not a multiple of $1, is rounded downward to
  187  the nearest full dollar amount. The maximum weekly benefit
  188  amount in effect at the time the claimant establishes an
  189  individual weekly benefit amount is the maximum benefit amount
  190  applicable throughout the claimant’s benefit year.
  191         (b) If an individual’s weekly benefit calculated pursuant
  192  to paragraph (a) would result in a weekly benefit amount of less
  193  than $100, the individual’s weekly benefit amount may not exceed
  194  one-thirteenth of the total wages for insured work paid during
  195  the quarter of the base period in which the total wages paid
  196  were the highest or $100, whichever is less.
  197         (5) DURATION OF BENEFITS.—
  198         (a) As used in this section, the term “most recent monthly
  199  Florida average unemployment rate” means the most recently
  200  available month’s average of the 3 months for the most recent
  201  third calendar year quarter of the seasonally adjusted statewide
  202  unemployment rate rates as published by the Department of
  203  Economic Opportunity.
  204         (b) Each otherwise eligible individual is entitled during
  205  any benefit year to a total amount of benefits equal to 25
  206  percent of the total wages in his or her base period, not to
  207  exceed $9,375 $6,325 or the product arrived at by multiplying
  208  the weekly benefit amount with the number of weeks determined in
  209  paragraph (c), whichever is less. However, the total amount of
  210  benefits, if not a multiple of $1, is rounded downward to the
  211  nearest full dollar amount. These benefits are payable at a
  212  weekly rate no greater than the weekly benefit amount.
  213         (c) For claims submitted during a month calendar year, the
  214  duration of benefits is limited to:
  215         1. Fourteen Twelve weeks if this state’s most recent
  216  monthly average unemployment rate is at or below 5 percent.
  217         2. An additional week in addition to the 14 12 weeks for
  218  each 0.5 percent increment in this state’s most recent monthly
  219  average unemployment rate above 5 percent.
  220         3. Up to a maximum of 25 23 weeks if this state’s most
  221  recent monthly average unemployment rate equals or exceeds 10.5
  222  percent.
  223         Section 5. Paragraph (a) of subsection (4) of section
  224  215.425, Florida Statutes, is amended to read:
  225         215.425 Extra compensation claims prohibited; bonuses;
  226  severance pay.—
  227         (4)(a) On or after July 1, 2011, a unit of government that
  228  enters into a contract or employment agreement, or renewal or
  229  renegotiation of an existing contract or employment agreement,
  230  that contains a provision for severance pay with an officer,
  231  agent, employee, or contractor must include the following
  232  provisions in the contract:
  233         1. A requirement that severance pay provided may not exceed
  234  an amount greater than 20 weeks of compensation.
  235         2. A prohibition of provision of severance pay when the
  236  officer, agent, employee, or contractor has been fired for
  237  misconduct, as defined in s. 443.036(30) s. 443.036(29), by the
  238  unit of government.
  239         Section 6. Paragraph (a) of subsection (1) and paragraph
  240  (f) of subsection (13) of section 443.1216, Florida Statutes,
  241  are amended to read:
  242         443.1216 Employment.—Employment, as defined in s. 443.036,
  243  is subject to this chapter under the following conditions:
  244         (1)(a) The employment subject to this chapter includes a
  245  service performed, including a service performed in interstate
  246  commerce, by:
  247         1. An officer of a corporation.
  248         2. An individual who, under the usual common-law rules
  249  applicable in determining the employer-employee relationship, is
  250  an employee. However, whenever a client, as defined in s.
  251  443.036(19) s. 443.036(18), which would otherwise be designated
  252  as an employing unit has contracted with an employee leasing
  253  company to supply it with workers, those workers are considered
  254  employees of the employee leasing company. An employee leasing
  255  company may lease corporate officers of the client to the client
  256  and other workers to the client, except as prohibited by
  257  regulations of the Internal Revenue Service. Employees of an
  258  employee leasing company must be reported under the employee
  259  leasing company’s tax identification number and contribution
  260  rate for work performed for the employee leasing company.
  261         a. However, except for the internal employees of an
  262  employee leasing company, each employee leasing company may make
  263  a separate one-time election to report and pay contributions
  264  under the tax identification number and contribution rate for
  265  each client of the employee leasing company. Under the client
  266  method, an employee leasing company choosing this option must
  267  assign leased employees to the client company that is leasing
  268  the employees. The client method is solely a method to report
  269  and pay unemployment contributions, and, whichever method is
  270  chosen, such election may not impact any other aspect of state
  271  law. An employee leasing company that elects the client method
  272  must pay contributions at the rates assigned to each client
  273  company.
  274         (I) The election applies to all of the employee leasing
  275  company’s current and future clients.
  276         (II) The employee leasing company must notify the
  277  Department of Revenue of its election by July 1, 2012, and such
  278  election applies to reports and contributions for the first
  279  quarter of the following calendar year. The notification must
  280  include:
  281         (A) A list of each client company and the unemployment
  282  account number or, if one has not yet been issued, the federal
  283  employment identification number, as established by the employee
  284  leasing company upon the election to file by client method;
  285         (B) A list of each client company’s current and previous
  286  employees and their respective social security numbers for the
  287  prior 3 state fiscal years or, if the client company has not
  288  been a client for the prior 3 state fiscal years, such portion
  289  of the prior 3 state fiscal years that the client company has
  290  been a client must be supplied;
  291         (C) The wage data and benefit charges associated with each
  292  client company for the prior 3 state fiscal years or, if the
  293  client company has not been a client for the prior 3 state
  294  fiscal years, such portion of the prior 3 state fiscal years
  295  that the client company has been a client must be supplied. If
  296  the client company’s employment record is chargeable with
  297  benefits for less than 8 calendar quarters while being a client
  298  of the employee leasing company, the client company must pay
  299  contributions at the initial rate of 2.7 percent; and
  300         (D) The wage data and benefit charges for the prior 3 state
  301  fiscal years that cannot be associated with a client company
  302  must be reported and charged to the employee leasing company.
  303         (III) Subsequent to choosing the client method, the
  304  employee leasing company may not change its reporting method.
  305         (IV) The employee leasing company shall file a Florida
  306  Department of Revenue Employer’s Quarterly Report for each
  307  client company by approved electronic means, and pay all
  308  contributions by approved electronic means.
  309         (V) For the purposes of calculating experience rates when
  310  the client method is chosen, each client’s own benefit charges
  311  and wage data experience while with the employee leasing company
  312  determines each client’s tax rate where the client has been a
  313  client of the employee leasing company for at least 8 calendar
  314  quarters before the election. The client company shall continue
  315  to report the nonleased employees under its tax rate.
  316         (VI) The election is binding on each client of the employee
  317  leasing company for as long as a written agreement is in effect
  318  between the client and the employee leasing company pursuant to
  319  s. 468.525(3)(a). If the relationship between the employee
  320  leasing company and the client terminates, the client retains
  321  the wage and benefit history experienced under the employee
  322  leasing company.
  323         (VII) Notwithstanding which election method the employee
  324  leasing company chooses, the applicable client company is an
  325  employing unit for purposes of s. 443.071. The employee leasing
  326  company or any of its officers or agents are liable for any
  327  violation of s. 443.071 engaged in by such persons or entities.
  328  The applicable client company or any of its officers or agents
  329  are liable for any violation of s. 443.071 engaged in by such
  330  persons or entities. The employee leasing company or its
  331  applicable client company is not liable for any violation of s.
  332  443.071 engaged in by the other party or by the other party’s
  333  officers or agents.
  334         (VIII) If an employee leasing company fails to select the
  335  client method of reporting not later than July 1, 2012, the
  336  entity is required to report under the employee leasing
  337  company’s tax identification number and contribution rate.
  338         (IX) After an employee leasing company is licensed pursuant
  339  to part XI of chapter 468, each newly licensed entity has 30
  340  days after the date the license is granted to notify the tax
  341  collection service provider in writing of their selection of the
  342  client method. A newly licensed employee leasing company that
  343  fails to timely select reporting pursuant to the client method
  344  of reporting must report under the employee leasing company’s
  345  tax identification number and contribution rate.
  346         (X) Irrespective of the election, each transfer of trade or
  347  business, including workforce, or a portion thereof, between
  348  employee leasing companies is subject to the provisions of s.
  349  443.131(3)(h) if, at the time of the transfer, there is common
  350  ownership, management, or control between the entities.
  351         b. In addition to any other report required to be filed by
  352  law, an employee leasing company shall submit a report to the
  353  Labor Market Statistics Center within the Department of Economic
  354  Opportunity which includes each client establishment and each
  355  establishment of the leasing company, or as otherwise directed
  356  by the department. The report must include the following
  357  information for each establishment:
  358         (I) The trade or establishment name;
  359         (II) The former reemployment assistance account number, if
  360  available;
  361         (III) The former federal employer’s identification number,
  362  if available;
  363         (IV) The industry code recognized and published by the
  364  United States Office of Management and Budget, if available;
  365         (V) A description of the client’s primary business activity
  366  in order to verify or assign an industry code;
  367         (VI) The address of the physical location;
  368         (VII) The number of full-time and part-time employees who
  369  worked during, or received pay that was subject to reemployment
  370  assistance taxes for, the pay period including the 12th of the
  371  month for each month of the quarter;
  372         (VIII) The total wages subject to reemployment assistance
  373  taxes paid during the calendar quarter;
  374         (IX) An internal identification code to uniquely identify
  375  each establishment of each client;
  376         (X) The month and year that the client entered into the
  377  contract for services; and
  378         (XI) The month and year that the client terminated the
  379  contract for services.
  380         c. The report must be submitted electronically or in a
  381  manner otherwise prescribed by the Department of Economic
  382  Opportunity in the format specified by the Bureau of Labor
  383  Statistics of the United States Department of Labor for its
  384  Multiple Worksite Report for Professional Employer
  385  Organizations. The report must be provided quarterly to the
  386  Labor Market Statistics Center within the department, or as
  387  otherwise directed by the department, and must be filed by the
  388  last day of the month immediately after the end of the calendar
  389  quarter. The information required in sub-sub-subparagraphs b.(X)
  390  and (XI) need be provided only in the quarter in which the
  391  contract to which it relates was entered into or terminated. The
  392  sum of the employment data and the sum of the wage data in this
  393  report must match the employment and wages reported in the
  394  reemployment assistance quarterly tax and wage report.
  395         d. The department shall adopt rules as necessary to
  396  administer this subparagraph, and may administer, collect,
  397  enforce, and waive the penalty imposed by s. 443.141(1)(b) for
  398  the report required by this subparagraph.
  399         e. For the purposes of this subparagraph, the term
  400  “establishment” means any location where business is conducted
  401  or where services or industrial operations are performed.
  402         3. An individual other than an individual who is an
  403  employee under subparagraph 1. or subparagraph 2., who performs
  404  services for remuneration for any person:
  405         a. As an agent-driver or commission-driver engaged in
  406  distributing meat products, vegetable products, fruit products,
  407  bakery products, beverages other than milk, or laundry or
  408  drycleaning services for his or her principal.
  409         b. As a traveling or city salesperson engaged on a full
  410  time basis in the solicitation on behalf of, and the
  411  transmission to, his or her principal of orders from
  412  wholesalers, retailers, contractors, or operators of hotels,
  413  restaurants, or other similar establishments for merchandise for
  414  resale or supplies for use in the business operations. This sub
  415  subparagraph does not apply to an agent-driver or a commission
  416  driver and does not apply to sideline sales activities performed
  417  on behalf of a person other than the salesperson’s principal.
  418         4. The services described in subparagraph 3. are employment
  419  subject to this chapter only if:
  420         a. The contract of service contemplates that substantially
  421  all of the services are to be performed personally by the
  422  individual;
  423         b. The individual does not have a substantial investment in
  424  facilities used in connection with the services, other than
  425  facilities used for transportation; and
  426         c. The services are not in the nature of a single
  427  transaction that is not part of a continuing relationship with
  428  the person for whom the services are performed.
  429         (13) The following are exempt from coverage under this
  430  chapter:
  431         (f) Service performed in the employ of a public employer as
  432  defined in s. 443.036, except as provided in subsection (2), and
  433  service performed in the employ of an instrumentality of a
  434  public employer as described in s. 443.036(36)(b) or (c) s.
  435  443.036(35)(b) or (c), to the extent that the instrumentality is
  436  immune under the United States Constitution from the tax imposed
  437  by s. 3301 of the Internal Revenue Code for that service.
  438         Section 7. Paragraph (g) of subsection (3) of section
  439  443.131, Florida Statutes, is amended to read:
  440         443.131 Contributions.—
  443         (g) Transfer of employment records.—
  444         1. For the purposes of this subsection, two or more
  445  employers who are parties to a transfer of business or the
  446  subject of a merger, consolidation, or other form of
  447  reorganization, effecting a change in legal identity or form,
  448  are deemed a single employer and are considered to be one
  449  employer with a continuous employment record if the tax
  450  collection service provider finds that the successor employer
  451  continues to carry on the employing enterprises of all of the
  452  predecessor employers and that the successor employer has paid
  453  all contributions required of and due from all of the
  454  predecessor employers and has assumed liability for all
  455  contributions that may become due from all of the predecessor
  456  employers. In addition, an employer may not be considered a
  457  successor under this subparagraph if the employer purchases a
  458  company with a lower rate into which employees with job
  459  functions unrelated to the business endeavors of the predecessor
  460  are transferred for the purpose of acquiring the low rate and
  461  avoiding payment of contributions. As used in this paragraph,
  462  notwithstanding s. 443.036(15) s. 443.036(14), the term
  463  “contributions” means all indebtedness to the tax collection
  464  service provider, including, but not limited to, interest,
  465  penalty, collection fee, and service fee. A successor employer
  466  must accept the transfer of all of the predecessor employers’
  467  employment records within 30 days after the date of the official
  468  notification of liability by succession. If a predecessor
  469  employer has unpaid contributions or outstanding quarterly
  470  reports, the successor employer must pay the total amount with
  471  certified funds within 30 days after the date of the notice
  472  listing the total amount due. After the total indebtedness is
  473  paid, the tax collection service provider shall transfer the
  474  employment records of all of the predecessor employers to the
  475  successor employer’s employment record. The tax collection
  476  service provider shall determine the contribution rate of the
  477  combined successor and predecessor employers upon the transfer
  478  of the employment records, as prescribed by rule, in order to
  479  calculate any change in the contribution rate resulting from the
  480  transfer of the employment records.
  481         2. Regardless of whether a predecessor employer’s
  482  employment record is transferred to a successor employer under
  483  this paragraph, the tax collection service provider shall treat
  484  the predecessor employer, if he or she subsequently employs
  485  individuals, as an employer without a previous employment record
  486  or, if his or her coverage is terminated under s. 443.121, as a
  487  new employing unit.
  488         3. The state agency providing reemployment assistance tax
  489  collection services may adopt rules governing the partial
  490  transfer of experience rating when an employer transfers an
  491  identifiable and segregable portion of his or her payrolls and
  492  business to a successor employing unit. As a condition of each
  493  partial transfer, these rules must require the following to be
  494  filed with the tax collection service provider: an application
  495  by the successor employing unit, an agreement by the predecessor
  496  employer, and the evidence required by the tax collection
  497  service provider to show the benefit experience and payrolls
  498  attributable to the transferred portion through the date of the
  499  transfer. These rules must provide that the successor employing
  500  unit, if not an employer subject to this chapter, becomes an
  501  employer as of the date of the transfer and that the transferred
  502  portion of the predecessor employer’s employment record is
  503  removed from the employment record of the predecessor employer.
  504  For each calendar year after the date of the transfer of the
  505  employment record in the records of the tax collection service
  506  provider, the service provider shall compute the contribution
  507  rate payable by the successor employer or employing unit based
  508  on his or her employment record, combined with the transferred
  509  portion of the predecessor employer’s employment record. These
  510  rules may also prescribe what contribution rates are payable by
  511  the predecessor and successor employers for the period between
  512  the date of the transfer of the transferred portion of the
  513  predecessor employer’s employment record in the records of the
  514  tax collection service provider and the first day of the next
  515  calendar year.
  516         4. This paragraph does not apply to an employee leasing
  517  company and client contractual agreement as defined in s.
  518  443.036, except as provided in s. 443.1216(1)(a)2.a. The tax
  519  collection service provider shall, if the contractual agreement
  520  is terminated or the employee leasing company fails to submit
  521  reports or pay contributions as required by the service
  522  provider, treat the client as a new employer without previous
  523  employment record unless the client is otherwise eligible for a
  524  variation from the standard rate.
  525         Section 8. For the purpose of incorporating the amendment
  526  made by this act to section 443.111, Florida Statutes, in a
  527  reference thereto, paragraph (b) of subsection (2) of section
  528  443.041, Florida Statutes, is reenacted to read:
  529         443.041 Waiver of rights; fees; privileged communications.—
  530         (2) FEES.—
  531         (b) An attorney at law representing a claimant for benefits
  532  in any district court of appeal of this state or in the Supreme
  533  Court of Florida is entitled to counsel fees payable by the
  534  department as set by the court if the petition for review or
  535  appeal is initiated by the claimant and results in a decision
  536  awarding more benefits than provided in the decision from which
  537  appeal was taken. The amount of the fee may not exceed 50
  538  percent of the total amount of regular benefits permitted under
  539  s. 443.111(5)(b) during the benefit year.
  540         Section 9. For the purpose of incorporating the amendment
  541  made by this act to section 443.111, Florida Statutes, in
  542  references thereto, subsections (6) and (7) and paragraph (a) of
  543  subsection (8) of section 443.1116, Florida Statutes, are
  544  reenacted to read:
  545         443.1116 Short-time compensation.—
  547  weekly short-time compensation benefit amount payable to an
  548  individual is equal to the product of her or his weekly benefit
  549  amount as provided in s. 443.111(3) and the ratio of the number
  550  of normal weekly hours of work for which the employer would not
  551  compensate the individual to the individual’s normal weekly
  552  hours of work. The benefit amount, if not a multiple of $1, is
  553  rounded downward to the next lower multiple of $1.
  555  individual may not be paid benefits under this section in any
  556  benefit year for more than the maximum entitlement provided in
  557  s. 443.111(5), and an individual may not be paid short-time
  558  compensation benefits for more than 26 weeks in any benefit
  559  year.
  562         (a) The short-time compensation benefits paid to an
  563  individual shall be deducted from the total benefit amount
  564  established for that individual in s. 443.111(5).
  565         Section 10. This act shall take effect July 1, 2023.