Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1906
       
       
       
       
       
       
                                Ì636278NÎ636278                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/17/2021           .                                
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       The Committee on Appropriations (Farmer) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 17 - 172
    4  and insert:
    5         Section 1. Present subsections (3) through (46) of section
    6  443.036, Florida Statutes, are redesignated as subsections (4)
    7  through (47), respectively, a new subsection (3) is added to
    8  that section, and present subsection (24) of that section is
    9  amended, to read:
   10         443.036 Definitions.—As used in this chapter, the term:
   11         (3) “Alternative base period” means the four most recently
   12  completed calendar quarters before an individual’s benefit year,
   13  if such quarters qualify the individual for benefits and were
   14  not previously used to establish a prior valid benefit year.
   15         (25)(24) “High quarter” means the quarter in an
   16  individual’s base period, or in the individual’s alternative
   17  base period if an alternative base period is used for
   18  determining benefits eligibility, in which the individual has
   19  the greatest amount of wages paid, regardless of the number of
   20  employers paying wages in that quarter.
   21         Section 2. Paragraphs (c), (d), and (g) of subsection (1)
   22  of section 443.091, Florida Statutes, are amended to read:
   23         443.091 Benefit eligibility conditions.—
   24         (1) An unemployed individual is eligible to receive
   25  benefits for any week only if the Department of Economic
   26  Opportunity finds that:
   27         (c) To make continued claims for benefits, she or he is
   28  reporting to the department in accordance with this paragraph
   29  and department rules. Department rules may not conflict with s.
   30  443.111(1)(b), which requires that each claimant continue to
   31  report regardless of any pending appeal relating to her or his
   32  eligibility or disqualification for benefits.
   33         1. For each week of unemployment claimed, each report must,
   34  at a minimum, include the name and, address, and telephone
   35  number of each prospective employer contacted, or the date the
   36  claimant reported to a one-stop career center, pursuant to
   37  paragraph (d). For the purposes of this subparagraph, the term
   38  “address” means a website address, a physical address, or an e
   39  mail address.
   40         2. The department shall offer an online assessment aimed at
   41  identifying an individual’s skills, abilities, and career
   42  aptitude. The skills assessment must be voluntary, and the
   43  department shall allow a claimant to choose whether to take the
   44  skills assessment. The online assessment shall be made available
   45  to any person seeking services from a local workforce
   46  development board or a one-stop career center.
   47         a. If the claimant chooses to take the online assessment,
   48  the outcome of the assessment shall be made available to the
   49  claimant, local workforce development board, and one-stop career
   50  center. The department, local workforce development board, or
   51  one-stop career center shall use the assessment to develop a
   52  plan for referring individuals to training and employment
   53  opportunities. Aggregate data on assessment outcomes may be made
   54  available to CareerSource Florida, Inc., and Enterprise Florida,
   55  Inc., for use in the development of policies related to
   56  education and training programs that will ensure that businesses
   57  in this state have access to a skilled and competent workforce.
   58         b. Individuals shall be informed of and offered services
   59  through the one-stop delivery system, including career
   60  counseling, the provision of skill match and job market
   61  information, and skills upgrade and other training
   62  opportunities, and shall be encouraged to participate in such
   63  services at no cost to the individuals. The department shall
   64  coordinate with CareerSource Florida, Inc., the local workforce
   65  development boards, and the one-stop career centers to identify,
   66  develop, and use best practices for improving the skills of
   67  individuals who choose to participate in skills upgrade and
   68  other training opportunities. The department may contract with
   69  an entity to create the online assessment in accordance with the
   70  competitive bidding requirements in s. 287.057. The online
   71  assessment must work seamlessly with the Reemployment Assistance
   72  Claims and Benefits Information System.
   73         (d) She or he is able to work and is available for work. In
   74  order to assess eligibility for a claimed week of unemployment,
   75  the department shall develop criteria to determine a claimant’s
   76  ability to work and availability for work. A claimant must be
   77  actively seeking work in order to be considered available for
   78  work. This means engaging in systematic and sustained efforts to
   79  find work, including contacting at least three five prospective
   80  employers for each week of unemployment claimed. For the
   81  purposes of meeting the requirements of this paragraph, a
   82  claimant may contact a prospective employer by submitting a
   83  resume to an employer through an online job search service. A
   84  claimant who submits a resume to at least three employers
   85  through an online job search service satisfies the work search
   86  requirements of this paragraph. The department may require the
   87  claimant to provide proof of such efforts to the one-stop career
   88  center as part of reemployment services. A claimant’s proof of
   89  work search efforts may not include the same prospective
   90  employer at the same location in 3 consecutive weeks, unless the
   91  employer has indicated since the time of the initial contact
   92  that the employer is hiring. The department shall conduct random
   93  reviews of work search information provided by claimants. As an
   94  alternative to contacting at least three five prospective
   95  employers for any week of unemployment claimed, a claimant may,
   96  for that same week, report in person to a one-stop career center
   97  to meet with a representative of the center and access
   98  reemployment services of the center. The center shall keep a
   99  record of the services or information provided to the claimant
  100  and shall provide the records to the department upon request by
  101  the department. However:
  102         1. Notwithstanding any other provision of this paragraph or
  103  paragraphs (b) and (e), an otherwise eligible individual may not
  104  be denied benefits for any week because she or he is in training
  105  with the approval of the department, or by reason of s.
  106  443.101(2) relating to failure to apply for, or refusal to
  107  accept, suitable work. Training may be approved by the
  108  department in accordance with criteria prescribed by rule. A
  109  claimant’s eligibility during approved training is contingent
  110  upon satisfying eligibility conditions prescribed by rule.
  111         2. Notwithstanding any other provision of this chapter, an
  112  otherwise eligible individual who is in training approved under
  113  s. 236(a)(1) of the Trade Act of 1974, as amended, may not be
  114  determined ineligible or disqualified for benefits due to
  115  enrollment in such training or because of leaving work that is
  116  not suitable employment to enter such training. As used in this
  117  subparagraph, the term “suitable employment” means work of a
  118  substantially equal or higher skill level than the worker’s past
  119  adversely affected employment, as defined for purposes of the
  120  Trade Act of 1974, as amended, the wages for which are at least
  121  80 percent of the worker’s average weekly wage as determined for
  122  purposes of the Trade Act of 1974, as amended.
  123         3. Notwithstanding any other provision of this section, an
  124  otherwise eligible individual may not be denied benefits for any
  125  week because she or he is before any state or federal court
  126  pursuant to a lawfully issued summons to appear for jury duty.
  127         4. Union members who customarily obtain employment through
  128  a union hiring hall may satisfy the work search requirements of
  129  this paragraph by reporting daily to their union hall.
  130         5. The work search requirements of this paragraph do not
  131  apply to persons who are unemployed as a result of a temporary
  132  layoff or who are claiming benefits under an approved short-time
  133  compensation plan as provided in s. 443.1116.
  134         6. In small counties as defined in s. 120.52(19), a
  135  claimant engaging in systematic and sustained efforts to find
  136  work must contact at least three prospective employers for each
  137  week of unemployment claimed.
  138         7. The work search requirements of this paragraph do not
  139  apply to persons required to participate in reemployment
  140  services under paragraph (e).
  141         (g) She or he has been paid wages for insured work equal to
  142  1.5 times her or his high quarter wages during her or his base
  143  period, except that an unemployed individual is not eligible to
  144  receive benefits if the base period wages are less than $3,400.
  145  If an unemployed individual is ineligible for benefits based on
  146  base period wages, his or her wages shall be calculated using
  147  the alternative base period, and his or her claim shall be
  148  established using such wages.
  149         Section 3. Subsections (2) and (3) and paragraph (b) of
  150  subsection (5) of section 443.111, Florida Statutes, are
  151  amended, and paragraph (b) of subsection (1) is republished, to
  152  read:
  153         443.111 Payment of benefits.—
  154         (1) MANNER OF PAYMENT.—Benefits are payable from the fund
  155  in accordance with rules adopted by the Department of Economic
  156  Opportunity, subject to the following requirements:
  157         (b) As required under s. 443.091(1), each claimant must
  158  report at least biweekly to receive reemployment assistance
  159  benefits and to attest to the fact that she or he is able and
  160  available for work, has not refused suitable work, is seeking
  161  work and has met the requirements of s. 443.091(1)(d), and, if
  162  she or he has worked, to report earnings from that work. Each
  163  claimant must continue to report regardless of any appeal or
  164  pending appeal relating to her or his eligibility or
  165  disqualification for benefits.
  166         (2) QUALIFYING REQUIREMENTS.—
  167         (a) To establish a benefit year for reemployment assistance
  168  benefits, an individual must have:
  169         1.(a) Wage credits in two or more calendar quarters of the
  170  individual’s base period or alternative base period.
  171         2.(b) Minimum total base period wage credits equal to the
  172  high quarter wages multiplied by 1.5, but at least $3,400 in the
  173  base period, or in the alternative base period if the
  174  alternative base period is used for benefits eligibility.
  175         (b)1. If a worker is ineligible for benefits based on base
  176  period wages, wages for that worker must be calculated using an
  177  alternative base period and the claim shall be established using
  178  such wages.
  179         2. If the wage information for an individual’s most
  180  recently completed calendar quarter is unavailable to the
  181  department from regular quarterly reports of systematically
  182  accessible wage information, the department must promptly
  183  contact the individual’s employer to obtain the wage
  184  information.
  185         3. Wages that fall within the alternative base period of
  186  claims established under this paragraph are not available for
  187  reuse in qualifying for any subsequent benefit years.
  188         4. The department shall adopt rules to administer this
  189  paragraph.
  190         (3) WEEKLY BENEFIT AMOUNT.—
  191         (a) An individual’s “weekly benefit amount” is an amount
  192  equal to one twenty-sixth of the total wages for insured work
  193  paid during that quarter of the base period in which the total
  194  wages paid were the highest, but not less than $100 $32 or more
  195  than $375 $275. The weekly benefit amount, if not a multiple of
  196  $1, is rounded downward to the nearest full dollar amount. The
  197  maximum weekly benefit amount in effect at the time the claimant
  198  establishes an individual weekly benefit amount is the maximum
  199  benefit amount applicable throughout the claimant’s benefit
  200  year.
  201         (b) The weekly benefit amount shall be based on either the
  202  claimant’s base period wages or alternative base period wages,
  203  whichever period results in the greater benefit amount.
  204         (5) DURATION OF BENEFITS.—
  205         (b) Each otherwise eligible individual is entitled during
  206  any benefit year to a total amount of benefits equal to 25
  207  percent of the total wages in his or her base period, not to
  208  exceed $8,625 $6,325 or the product arrived at by multiplying
  209  the weekly benefit amount with the number of weeks determined in
  210  paragraph (c), whichever is less. However, the total amount of
  211  benefits, if not a multiple of $1, is rounded downward to the
  212  nearest full dollar amount. These benefits are payable at a
  213  weekly rate no greater than the weekly benefit amount.
  214         Section 4. Paragraph (a) of subsection (4) of section
  215  215.425, Florida Statutes, is amended to read:
  216         215.425 Extra compensation claims prohibited; bonuses;
  217  severance pay.—
  218         (4)(a) On or after July 1, 2011, a unit of government that
  219  enters into a contract or employment agreement, or renewal or
  220  renegotiation of an existing contract or employment agreement,
  221  that contains a provision for severance pay with an officer,
  222  agent, employee, or contractor must include the following
  223  provisions in the contract:
  224         1. A requirement that severance pay provided may not exceed
  225  an amount greater than 20 weeks of compensation.
  226         2. A prohibition of provision of severance pay when the
  227  officer, agent, employee, or contractor has been fired for
  228  misconduct, as defined in s. 443.036(30) s. 443.036(29), by the
  229  unit of government.
  230         Section 5. Paragraph (a) of subsection (1) and paragraph
  231  (f) of subsection (13) of section 443.1216, Florida Statutes,
  232  are amended to read:
  233         443.1216 Employment.—Employment, as defined in s. 443.036,
  234  is subject to this chapter under the following conditions:
  235         (1)(a) The employment subject to this chapter includes a
  236  service performed, including a service performed in interstate
  237  commerce, by:
  238         1. An officer of a corporation.
  239         2. An individual who, under the usual common-law rules
  240  applicable in determining the employer-employee relationship, is
  241  an employee. However, whenever a client, as defined in s.
  242  443.036(19) s. 443.036(18), which would otherwise be designated
  243  as an employing unit has contracted with an employee leasing
  244  company to supply it with workers, those workers are considered
  245  employees of the employee leasing company. An employee leasing
  246  company may lease corporate officers of the client to the client
  247  and other workers to the client, except as prohibited by
  248  regulations of the Internal Revenue Service. Employees of an
  249  employee leasing company must be reported under the employee
  250  leasing company’s tax identification number and contribution
  251  rate for work performed for the employee leasing company.
  252         a. However, except for the internal employees of an
  253  employee leasing company, each employee leasing company may make
  254  a separate one-time election to report and pay contributions
  255  under the tax identification number and contribution rate for
  256  each client of the employee leasing company. Under the client
  257  method, an employee leasing company choosing this option must
  258  assign leased employees to the client company that is leasing
  259  the employees. The client method is solely a method to report
  260  and pay unemployment contributions, and, whichever method is
  261  chosen, such election may not impact any other aspect of state
  262  law. An employee leasing company that elects the client method
  263  must pay contributions at the rates assigned to each client
  264  company.
  265         (I) The election applies to all of the employee leasing
  266  company’s current and future clients.
  267         (II) The employee leasing company must notify the
  268  Department of Revenue of its election by July 1, 2012, and such
  269  election applies to reports and contributions for the first
  270  quarter of the following calendar year. The notification must
  271  include:
  272         (A) A list of each client company and the unemployment
  273  account number or, if one has not yet been issued, the federal
  274  employment identification number, as established by the employee
  275  leasing company upon the election to file by client method;
  276         (B) A list of each client company’s current and previous
  277  employees and their respective social security numbers for the
  278  prior 3 state fiscal years or, if the client company has not
  279  been a client for the prior 3 state fiscal years, such portion
  280  of the prior 3 state fiscal years that the client company has
  281  been a client must be supplied;
  282         (C) The wage data and benefit charges associated with each
  283  client company for the prior 3 state fiscal years or, if the
  284  client company has not been a client for the prior 3 state
  285  fiscal years, such portion of the prior 3 state fiscal years
  286  that the client company has been a client must be supplied. If
  287  the client company’s employment record is chargeable with
  288  benefits for less than 8 calendar quarters while being a client
  289  of the employee leasing company, the client company must pay
  290  contributions at the initial rate of 2.7 percent; and
  291         (D) The wage data and benefit charges for the prior 3 state
  292  fiscal years that cannot be associated with a client company
  293  must be reported and charged to the employee leasing company.
  294         (III) Subsequent to choosing the client method, the
  295  employee leasing company may not change its reporting method.
  296         (IV) The employee leasing company shall file a Florida
  297  Department of Revenue Employer’s Quarterly Report for each
  298  client company by approved electronic means, and pay all
  299  contributions by approved electronic means.
  300         (V) For the purposes of calculating experience rates when
  301  the client method is chosen, each client’s own benefit charges
  302  and wage data experience while with the employee leasing company
  303  determines each client’s tax rate where the client has been a
  304  client of the employee leasing company for at least 8 calendar
  305  quarters before the election. The client company shall continue
  306  to report the nonleased employees under its tax rate.
  307         (VI) The election is binding on each client of the employee
  308  leasing company for as long as a written agreement is in effect
  309  between the client and the employee leasing company pursuant to
  310  s. 468.525(3)(a). If the relationship between the employee
  311  leasing company and the client terminates, the client retains
  312  the wage and benefit history experienced under the employee
  313  leasing company.
  314         (VII) Notwithstanding which election method the employee
  315  leasing company chooses, the applicable client company is an
  316  employing unit for purposes of s. 443.071. The employee leasing
  317  company or any of its officers or agents are liable for any
  318  violation of s. 443.071 engaged in by such persons or entities.
  319  The applicable client company or any of its officers or agents
  320  are liable for any violation of s. 443.071 engaged in by such
  321  persons or entities. The employee leasing company or its
  322  applicable client company is not liable for any violation of s.
  323  443.071 engaged in by the other party or by the other party’s
  324  officers or agents.
  325         (VIII) If an employee leasing company fails to select the
  326  client method of reporting not later than July 1, 2012, the
  327  entity is required to report under the employee leasing
  328  company’s tax identification number and contribution rate.
  329         (IX) After an employee leasing company is licensed pursuant
  330  to part XI of chapter 468, each newly licensed entity has 30
  331  days after the date the license is granted to notify the tax
  332  collection service provider in writing of their selection of the
  333  client method. A newly licensed employee leasing company that
  334  fails to timely select reporting pursuant to the client method
  335  of reporting must report under the employee leasing company’s
  336  tax identification number and contribution rate.
  337         (X) Irrespective of the election, each transfer of trade or
  338  business, including workforce, or a portion thereof, between
  339  employee leasing companies is subject to the provisions of s.
  340  443.131(3)(g) if, at the time of the transfer, there is common
  341  ownership, management, or control between the entities.
  342         b. In addition to any other report required to be filed by
  343  law, an employee leasing company shall submit a report to the
  344  Labor Market Statistics Center within the Department of Economic
  345  Opportunity which includes each client establishment and each
  346  establishment of the leasing company, or as otherwise directed
  347  by the department. The report must include the following
  348  information for each establishment:
  349         (I) The trade or establishment name;
  350         (II) The former reemployment assistance account number, if
  351  available;
  352         (III) The former federal employer’s identification number,
  353  if available;
  354         (IV) The industry code recognized and published by the
  355  United States Office of Management and Budget, if available;
  356         (V) A description of the client’s primary business activity
  357  in order to verify or assign an industry code;
  358         (VI) The address of the physical location;
  359         (VII) The number of full-time and part-time employees who
  360  worked during, or received pay that was subject to reemployment
  361  assistance taxes for, the pay period including the 12th of the
  362  month for each month of the quarter;
  363         (VIII) The total wages subject to reemployment assistance
  364  taxes paid during the calendar quarter;
  365         (IX) An internal identification code to uniquely identify
  366  each establishment of each client;
  367         (X) The month and year that the client entered into the
  368  contract for services; and
  369         (XI) The month and year that the client terminated the
  370  contract for services.
  371         c. The report must be submitted electronically or in a
  372  manner otherwise prescribed by the Department of Economic
  373  Opportunity in the format specified by the Bureau of Labor
  374  Statistics of the United States Department of Labor for its
  375  Multiple Worksite Report for Professional Employer
  376  Organizations. The report must be provided quarterly to the
  377  Labor Market Statistics Center within the department, or as
  378  otherwise directed by the department, and must be filed by the
  379  last day of the month immediately after the end of the calendar
  380  quarter. The information required in sub-sub-subparagraphs b.(X)
  381  and (XI) need be provided only in the quarter in which the
  382  contract to which it relates was entered into or terminated. The
  383  sum of the employment data and the sum of the wage data in this
  384  report must match the employment and wages reported in the
  385  reemployment assistance quarterly tax and wage report.
  386         d. The department shall adopt rules as necessary to
  387  administer this subparagraph, and may administer, collect,
  388  enforce, and waive the penalty imposed by s. 443.141(1)(b) for
  389  the report required by this subparagraph.
  390         e. For the purposes of this subparagraph, the term
  391  “establishment” means any location where business is conducted
  392  or where services or industrial operations are performed.
  393         3. An individual other than an individual who is an
  394  employee under subparagraph 1. or subparagraph 2., who performs
  395  services for remuneration for any person:
  396         a. As an agent-driver or commission-driver engaged in
  397  distributing meat products, vegetable products, fruit products,
  398  bakery products, beverages other than milk, or laundry or
  399  drycleaning services for his or her principal.
  400         b. As a traveling or city salesperson engaged on a full
  401  time basis in the solicitation on behalf of, and the
  402  transmission to, his or her principal of orders from
  403  wholesalers, retailers, contractors, or operators of hotels,
  404  restaurants, or other similar establishments for merchandise for
  405  resale or supplies for use in the business operations. This sub
  406  subparagraph does not apply to an agent-driver or a commission
  407  driver and does not apply to sideline sales activities performed
  408  on behalf of a person other than the salesperson’s principal.
  409         4. The services described in subparagraph 3. are employment
  410  subject to this chapter only if:
  411         a. The contract of service contemplates that substantially
  412  all of the services are to be performed personally by the
  413  individual;
  414         b. The individual does not have a substantial investment in
  415  facilities used in connection with the services, other than
  416  facilities used for transportation; and
  417         c. The services are not in the nature of a single
  418  transaction that is not part of a continuing relationship with
  419  the person for whom the services are performed.
  420         (13) The following are exempt from coverage under this
  421  chapter:
  422         (f) Service performed in the employ of a public employer as
  423  defined in s. 443.036, except as provided in subsection (2), and
  424  service performed in the employ of an instrumentality of a
  425  public employer as described in s. 443.036(36)(b) or (c) s.
  426  443.036(35)(b) or (c), to the extent that the instrumentality is
  427  immune under the United States Constitution from the tax imposed
  428  by s. 3301 of the Internal Revenue Code for that service.
  429         Section 6. Paragraph (f) of subsection (3) of section
  430  443.131, Florida Statutes, is amended to read:
  431         443.131 Contributions.—
  432         (3) VARIATION OF CONTRIBUTION RATES BASED ON BENEFIT
  433  EXPERIENCE.—
  434         (f) Transfer of employment records.—
  435         1. For the purposes of this subsection, two or more
  436  employers who are parties to a transfer of business or the
  437  subject of a merger, consolidation, or other form of
  438  reorganization, effecting a change in legal identity or form,
  439  are deemed a single employer and are considered to be one
  440  employer with a continuous employment record if the tax
  441  collection service provider finds that the successor employer
  442  continues to carry on the employing enterprises of all of the
  443  predecessor employers and that the successor employer has paid
  444  all contributions required of and due from all of the
  445  predecessor employers and has assumed liability for all
  446  contributions that may become due from all of the predecessor
  447  employers. In addition, an employer may not be considered a
  448  successor under this subparagraph if the employer purchases a
  449  company with a lower rate into which employees with job
  450  functions unrelated to the business endeavors of the predecessor
  451  are transferred for the purpose of acquiring the low rate and
  452  avoiding payment of contributions. As used in this paragraph,
  453  notwithstanding s. 443.036(15) s. 443.036(14), the term
  454  “contributions” means all indebtedness to the tax collection
  455  service provider, including, but not limited to, interest,
  456  penalty, collection fee, and service fee. A successor employer
  457  must accept the transfer of all of the predecessor employers’
  458  employment records within 30 days after the date of the official
  459  notification of liability by succession. If a predecessor
  460  employer has unpaid contributions or outstanding quarterly
  461  reports, the successor employer must pay the total amount with
  462  certified funds within 30 days after the date of the notice
  463  listing the total amount due. After the total indebtedness is
  464  paid, the tax collection service provider shall transfer the
  465  employment records of all of the predecessor employers to the
  466  successor employer’s employment record. The tax collection
  467  service provider shall determine the contribution rate of the
  468  combined successor and predecessor employers upon the transfer
  469  of the employment records, as prescribed by rule, in order to
  470  calculate any change in the contribution rate resulting from the
  471  transfer of the employment records.
  472         2. Regardless of whether a predecessor employer’s
  473  employment record is transferred to a successor employer under
  474  this paragraph, the tax collection service provider shall treat
  475  the predecessor employer, if he or she subsequently employs
  476  individuals, as an employer without a previous employment record
  477  or, if his or her coverage is terminated under s. 443.121, as a
  478  new employing unit.
  479         3. The state agency providing reemployment assistance tax
  480  collection services may adopt rules governing the partial
  481  transfer of experience rating when an employer transfers an
  482  identifiable and segregable portion of his or her payrolls and
  483  business to a successor employing unit. As a condition of each
  484  partial transfer, these rules must require the following to be
  485  filed with the tax collection service provider: an application
  486  by the successor employing unit, an agreement by the predecessor
  487  employer, and the evidence required by the tax collection
  488  service provider to show the benefit experience and payrolls
  489  attributable to the transferred portion through the date of the
  490  transfer. These rules must provide that the successor employing
  491  unit, if not an employer subject to this chapter, becomes an
  492  employer as of the date of the transfer and that the transferred
  493  portion of the predecessor employer’s employment record is
  494  removed from the employment record of the predecessor employer.
  495  For each calendar year after the date of the transfer of the
  496  employment record in the records of the tax collection service
  497  provider, the service provider shall compute the contribution
  498  rate payable by the successor employer or employing unit based
  499  on his or her employment record, combined with the transferred
  500  portion of the predecessor employer’s employment record. These
  501  rules may also prescribe what contribution rates are payable by
  502  the predecessor and successor employers for the period between
  503  the date of the transfer of the transferred portion of the
  504  predecessor employer’s employment record in the records of the
  505  tax collection service provider and the first day of the next
  506  calendar year.
  507         4. This paragraph does not apply to an employee leasing
  508  company and client contractual agreement as defined in s.
  509  443.036, except as provided in s. 443.1216(1)(a)2.a. The tax
  510  collection service provider shall, if the contractual agreement
  511  is terminated or the employee leasing company fails to submit
  512  reports or pay contributions as required by the service
  513  provider, treat the client as a new employer without previous
  514  employment record unless the client is otherwise eligible for a
  515  variation from the standard rate.
  516  
  517  ================= T I T L E  A M E N D M E N T ================
  518  And the title is amended as follows:
  519         Delete lines 3 - 8
  520  and insert:
  521         s. 443.036, F.S.; defining and revising terms for
  522         purposes of the Reemployment Assistance Program Law;
  523         amending s. 443.091, F.S.; revising requirements for
  524         reemployment assistance benefits eligibility; amending
  525         s. 443.111, F.S.; requiring an alternative base period
  526         to be used under certain circumstances when
  527         calculating wages in determining qualification for
  528         reemployment assistance benefits; requiring the
  529         Department of Economic Opportunity to contact an
  530         individual’s employer if certain wage information is
  531         unavailable through specified means; specifying that
  532         wages that fall within an alternative base period are
  533         not available for reuse in subsequent benefit years;
  534         requiring the department to adopt rules; increasing
  535         the weekly benefit amounts an individual may receive;
  536         providing that weekly benefit amounts be determined
  537         based on the greater of the base period or alternative
  538         base period; increasing the cap on the total benefit
  539         amount an individual is entitled to receive during a
  540         benefit year; amending ss. 215.425, 443.1216, and
  541         443.131, F.S.; conforming cross-references; reenacting
  542         ss.