CS for CS for SB 1906                            First Engrossed
       
       
       
       
       
       
       
       
       20211906e1
       
    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 an
   11         alternative base period to 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.
   33          
   34  Be It Enacted by the Legislature of the State of Florida:
   35  
   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 (c), (d), and (g) of subsection (1)
   53  of 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         (c) To make continued claims for benefits, she or he is
   59  reporting to the department in accordance with this paragraph
   60  and department rules. Department rules may not conflict with s.
   61  443.111(1)(b), which requires that each claimant continue to
   62  report regardless of any pending appeal relating to her or his
   63  eligibility or disqualification for benefits.
   64         1. For each week of unemployment claimed, each report must,
   65  at a minimum, include the name and, address, and telephone
   66  number of each prospective employer contacted, or the date the
   67  claimant reported to a one-stop career center, pursuant to
   68  paragraph (d). For the purposes of this subparagraph, the term
   69  “address” means a website address, a physical address, or an e
   70  mail address.
   71         2. The department shall offer an online assessment aimed at
   72  identifying an individual’s skills, abilities, and career
   73  aptitude. The skills assessment must be voluntary, and the
   74  department shall allow a claimant to choose whether to take the
   75  skills assessment. The online assessment shall be made available
   76  to any person seeking services from a local workforce
   77  development board or a one-stop career center.
   78         a. If the claimant chooses to take the online assessment,
   79  the outcome of the assessment shall be made available to the
   80  claimant, local workforce development board, and one-stop career
   81  center. The department, local workforce development board, or
   82  one-stop career center shall use the assessment to develop a
   83  plan for referring individuals to training and employment
   84  opportunities. Aggregate data on assessment outcomes may be made
   85  available to CareerSource Florida, Inc., and Enterprise Florida,
   86  Inc., for use in the development of policies related to
   87  education and training programs that will ensure that businesses
   88  in this state have access to a skilled and competent workforce.
   89         b. Individuals shall be informed of and offered services
   90  through the one-stop delivery system, including career
   91  counseling, the provision of skill match and job market
   92  information, and skills upgrade and other training
   93  opportunities, and shall be encouraged to participate in such
   94  services at no cost to the individuals. The department shall
   95  coordinate with CareerSource Florida, Inc., the local workforce
   96  development boards, and the one-stop career centers to identify,
   97  develop, and use best practices for improving the skills of
   98  individuals who choose to participate in skills upgrade and
   99  other training opportunities. The department may contract with
  100  an entity to create the online assessment in accordance with the
  101  competitive bidding requirements in s. 287.057. The online
  102  assessment must work seamlessly with the Reemployment Assistance
  103  Claims and Benefits Information System.
  104         (d) She or he is able to work and is available for work. In
  105  order to assess eligibility for a claimed week of unemployment,
  106  the department shall develop criteria to determine a claimant’s
  107  ability to work and availability for work. A claimant must be
  108  actively seeking work in order to be considered available for
  109  work. This means engaging in systematic and sustained efforts to
  110  find work, including contacting at least three five prospective
  111  employers for each week of unemployment claimed. For the
  112  purposes of meeting the requirements of this paragraph, a
  113  claimant may contact a prospective employer by submitting a
  114  resume to an employer through an online job search service. A
  115  claimant who submits a resume to at least three employers
  116  through an online job search service satisfies the work search
  117  requirements of this paragraph. The department may require the
  118  claimant to provide proof of such efforts to the one-stop career
  119  center as part of reemployment services. A claimant’s proof of
  120  work search efforts may not include the same prospective
  121  employer at the same location in 3 consecutive weeks, unless the
  122  employer has indicated since the time of the initial contact
  123  that the employer is hiring. The department shall conduct random
  124  reviews of work search information provided by claimants. As an
  125  alternative to contacting at least three five prospective
  126  employers for any week of unemployment claimed, a claimant may,
  127  for that same week, report in person to a one-stop career center
  128  to meet with a representative of the center and access
  129  reemployment services of the center. The center shall keep a
  130  record of the services or information provided to the claimant
  131  and shall provide the records to the department upon request by
  132  the department. However:
  133         1. Notwithstanding any other provision of this paragraph or
  134  paragraphs (b) and (e), an otherwise eligible individual may not
  135  be denied benefits for any week because she or he is in training
  136  with the approval of the department, or by reason of s.
  137  443.101(2) relating to failure to apply for, or refusal to
  138  accept, suitable work. Training may be approved by the
  139  department in accordance with criteria prescribed by rule. A
  140  claimant’s eligibility during approved training is contingent
  141  upon satisfying eligibility conditions prescribed by rule.
  142         2. Notwithstanding any other provision of this chapter, an
  143  otherwise eligible individual who is in training approved under
  144  s. 236(a)(1) of the Trade Act of 1974, as amended, may not be
  145  determined ineligible or disqualified for benefits due to
  146  enrollment in such training or because of leaving work that is
  147  not suitable employment to enter such training. As used in this
  148  subparagraph, the term “suitable employment” means work of a
  149  substantially equal or higher skill level than the worker’s past
  150  adversely affected employment, as defined for purposes of the
  151  Trade Act of 1974, as amended, the wages for which are at least
  152  80 percent of the worker’s average weekly wage as determined for
  153  purposes of the Trade Act of 1974, as amended.
  154         3. Notwithstanding any other provision of this section, an
  155  otherwise eligible individual may not be denied benefits for any
  156  week because she or he is before any state or federal court
  157  pursuant to a lawfully issued summons to appear for jury duty.
  158         4. Union members who customarily obtain employment through
  159  a union hiring hall may satisfy the work search requirements of
  160  this paragraph by reporting daily to their union hall.
  161         5. The work search requirements of this paragraph do not
  162  apply to persons who are unemployed as a result of a temporary
  163  layoff or who are claiming benefits under an approved short-time
  164  compensation plan as provided in s. 443.1116.
  165         6. In small counties as defined in s. 120.52(19), a
  166  claimant engaging in systematic and sustained efforts to find
  167  work must contact at least two three prospective employers for
  168  each week of unemployment claimed.
  169         7. The work search requirements of this paragraph do not
  170  apply to persons required to participate in reemployment
  171  services under paragraph (e).
  172         (g) She or he has been paid wages for insured work equal to
  173  1.5 times her or his high quarter wages during her or his base
  174  period, except that an unemployed individual is not eligible to
  175  receive benefits if the base period wages are less than $3,400.
  176  If an unemployed individual is ineligible for benefits based on
  177  base period wages, his or her wages shall be calculated using
  178  the alternative base period and his or her claim shall be
  179  established using such wages.
  180         Section 3. Section 443.092, Florida Statutes, is created to
  181  read:
  182         443.092 Denial of reemployment assistance solely on the
  183  basis of pregnancy prohibited.—The department may not deny a
  184  person reemployment assistance solely on the basis of pregnancy.
  185         Section 4. Subsections (2) and (3) and paragraphs (a), (b),
  186  and (c) of subsection (5) of section 443.111, Florida Statutes,
  187  are amended, and paragraph (b) of subsection (1) is republished,
  188  to read:
  189         443.111 Payment of benefits.—
  190         (1) MANNER OF PAYMENT.—Benefits are payable from the fund
  191  in accordance with rules adopted by the Department of Economic
  192  Opportunity, subject to the following requirements:
  193         (b) As required under s. 443.091(1), each claimant must
  194  report at least biweekly to receive reemployment assistance
  195  benefits and to attest to the fact that she or he is able and
  196  available for work, has not refused suitable work, is seeking
  197  work and has met the requirements of s. 443.091(1)(d), and, if
  198  she or he has worked, to report earnings from that work. Each
  199  claimant must continue to report regardless of any appeal or
  200  pending appeal relating to her or his eligibility or
  201  disqualification for benefits.
  202         (2) QUALIFYING REQUIREMENTS.—
  203         (a) To establish a benefit year for reemployment assistance
  204  benefits, an individual must have:
  205         1.(a) Wage credits in two or more calendar quarters of the
  206  individual’s base period or alternative base period.
  207         2.(b) Minimum total base period wage credits equal to the
  208  high quarter wages multiplied by 1.5, but at least $3,400 in the
  209  base period, or in the alternative base period if the
  210  alternative base period is used for benefits eligibility.
  211         (b)1. If a worker is ineligible for benefits based on base
  212  period wages, wages for that worker must be calculated using an
  213  alternative base period and the claim shall be established using
  214  such wages.
  215         2. If the wage information for an individual’s most
  216  recently completed calendar quarter is unavailable to the
  217  department from regular quarterly reports of systematically
  218  accessible wage information, the department must promptly
  219  contact the individual’s employer to obtain the wage
  220  information.
  221         3. Wages that fall within the alternative base period of
  222  claims established under this paragraph are not available for
  223  reuse in qualifying for any subsequent benefit years.
  224         4. The department shall adopt rules to administer this
  225  paragraph.
  226         (3) WEEKLY BENEFIT AMOUNT.—
  227         (a) Except as provided in paragraph (b), an individual’s
  228  “weekly benefit amount” is an amount equal to one twenty-sixth
  229  of the total wages for insured work paid during that quarter of
  230  the base period in which the total wages paid were the highest,
  231  but not less than $100 $32 or more than $375 $275. The weekly
  232  benefit amount, if not a multiple of $1, is rounded downward to
  233  the nearest full dollar amount. The maximum weekly benefit
  234  amount in effect at the time the claimant establishes an
  235  individual weekly benefit amount is the maximum benefit amount
  236  applicable throughout the claimant’s benefit year.
  237         (b) If an individual’s weekly benefit calculated pursuant
  238  to paragraph (a) would result in a weekly benefit amount of less
  239  than $100, the individual’s weekly benefit amount may not exceed
  240  one-thirteenth of the total wages for insured work paid during
  241  the quarter of the base period in which the total wages paid
  242  were the highest or $100, whichever is less.
  243         (5) DURATION OF BENEFITS.—
  244         (a) As used in this section, the term “most recent monthly
  245  Florida average unemployment rate” means the most recently
  246  available month’s average of the 3 months for the most recent
  247  third calendar year quarter of the seasonally adjusted statewide
  248  unemployment rate rates as published by the Department of
  249  Economic Opportunity.
  250         (b) Each otherwise eligible individual is entitled during
  251  any benefit year to a total amount of benefits equal to 25
  252  percent of the total wages in his or her base period, not to
  253  exceed $9,375 $6,325 or the product arrived at by multiplying
  254  the weekly benefit amount with the number of weeks determined in
  255  paragraph (c), whichever is less. However, the total amount of
  256  benefits, if not a multiple of $1, is rounded downward to the
  257  nearest full dollar amount. These benefits are payable at a
  258  weekly rate no greater than the weekly benefit amount.
  259         (c) For claims submitted during a month calendar year, the
  260  duration of benefits is limited to:
  261         1. Fourteen Twelve weeks if this state’s most recent
  262  monthly average unemployment rate is at or below 5 percent.
  263         2. An additional week in addition to the 14 12 weeks for
  264  each 0.5 percent increment in this state’s most recent monthly
  265  average unemployment rate above 5 percent.
  266         3. Up to a maximum of 25 23 weeks if this state’s most
  267  recent monthly average unemployment rate equals or exceeds 10.5
  268  percent.
  269         Section 5. Paragraph (a) of subsection (4) of section
  270  215.425, Florida Statutes, is amended to read:
  271         215.425 Extra compensation claims prohibited; bonuses;
  272  severance pay.—
  273         (4)(a) On or after July 1, 2011, a unit of government that
  274  enters into a contract or employment agreement, or renewal or
  275  renegotiation of an existing contract or employment agreement,
  276  that contains a provision for severance pay with an officer,
  277  agent, employee, or contractor must include the following
  278  provisions in the contract:
  279         1. A requirement that severance pay provided may not exceed
  280  an amount greater than 20 weeks of compensation.
  281         2. A prohibition of provision of severance pay when the
  282  officer, agent, employee, or contractor has been fired for
  283  misconduct, as defined in s. 443.036(30) s. 443.036(29), by the
  284  unit of government.
  285         Section 6. Paragraph (a) of subsection (1) and paragraph
  286  (f) of subsection (13) of section 443.1216, Florida Statutes,
  287  are amended to read:
  288         443.1216 Employment.—Employment, as defined in s. 443.036,
  289  is subject to this chapter under the following conditions:
  290         (1)(a) The employment subject to this chapter includes a
  291  service performed, including a service performed in interstate
  292  commerce, by:
  293         1. An officer of a corporation.
  294         2. An individual who, under the usual common-law rules
  295  applicable in determining the employer-employee relationship, is
  296  an employee. However, whenever a client, as defined in s.
  297  443.036(19) s. 443.036(18), which would otherwise be designated
  298  as an employing unit has contracted with an employee leasing
  299  company to supply it with workers, those workers are considered
  300  employees of the employee leasing company. An employee leasing
  301  company may lease corporate officers of the client to the client
  302  and other workers to the client, except as prohibited by
  303  regulations of the Internal Revenue Service. Employees of an
  304  employee leasing company must be reported under the employee
  305  leasing company’s tax identification number and contribution
  306  rate for work performed for the employee leasing company.
  307         a. However, except for the internal employees of an
  308  employee leasing company, each employee leasing company may make
  309  a separate one-time election to report and pay contributions
  310  under the tax identification number and contribution rate for
  311  each client of the employee leasing company. Under the client
  312  method, an employee leasing company choosing this option must
  313  assign leased employees to the client company that is leasing
  314  the employees. The client method is solely a method to report
  315  and pay unemployment contributions, and, whichever method is
  316  chosen, such election may not impact any other aspect of state
  317  law. An employee leasing company that elects the client method
  318  must pay contributions at the rates assigned to each client
  319  company.
  320         (I) The election applies to all of the employee leasing
  321  company’s current and future clients.
  322         (II) The employee leasing company must notify the
  323  Department of Revenue of its election by July 1, 2012, and such
  324  election applies to reports and contributions for the first
  325  quarter of the following calendar year. The notification must
  326  include:
  327         (A) A list of each client company and the unemployment
  328  account number or, if one has not yet been issued, the federal
  329  employment identification number, as established by the employee
  330  leasing company upon the election to file by client method;
  331         (B) A list of each client company’s current and previous
  332  employees and their respective social security numbers for the
  333  prior 3 state fiscal years or, if the client company has not
  334  been a client for the prior 3 state fiscal years, such portion
  335  of the prior 3 state fiscal years that the client company has
  336  been a client must be supplied;
  337         (C) The wage data and benefit charges associated with each
  338  client company for the prior 3 state fiscal years or, if the
  339  client company has not been a client for the prior 3 state
  340  fiscal years, such portion of the prior 3 state fiscal years
  341  that the client company has been a client must be supplied. If
  342  the client company’s employment record is chargeable with
  343  benefits for less than 8 calendar quarters while being a client
  344  of the employee leasing company, the client company must pay
  345  contributions at the initial rate of 2.7 percent; and
  346         (D) The wage data and benefit charges for the prior 3 state
  347  fiscal years that cannot be associated with a client company
  348  must be reported and charged to the employee leasing company.
  349         (III) Subsequent to choosing the client method, the
  350  employee leasing company may not change its reporting method.
  351         (IV) The employee leasing company shall file a Florida
  352  Department of Revenue Employer’s Quarterly Report for each
  353  client company by approved electronic means, and pay all
  354  contributions by approved electronic means.
  355         (V) For the purposes of calculating experience rates when
  356  the client method is chosen, each client’s own benefit charges
  357  and wage data experience while with the employee leasing company
  358  determines each client’s tax rate where the client has been a
  359  client of the employee leasing company for at least 8 calendar
  360  quarters before the election. The client company shall continue
  361  to report the nonleased employees under its tax rate.
  362         (VI) The election is binding on each client of the employee
  363  leasing company for as long as a written agreement is in effect
  364  between the client and the employee leasing company pursuant to
  365  s. 468.525(3)(a). If the relationship between the employee
  366  leasing company and the client terminates, the client retains
  367  the wage and benefit history experienced under the employee
  368  leasing company.
  369         (VII) Notwithstanding which election method the employee
  370  leasing company chooses, the applicable client company is an
  371  employing unit for purposes of s. 443.071. The employee leasing
  372  company or any of its officers or agents are liable for any
  373  violation of s. 443.071 engaged in by such persons or entities.
  374  The applicable client company or any of its officers or agents
  375  are liable for any violation of s. 443.071 engaged in by such
  376  persons or entities. The employee leasing company or its
  377  applicable client company is not liable for any violation of s.
  378  443.071 engaged in by the other party or by the other party’s
  379  officers or agents.
  380         (VIII) If an employee leasing company fails to select the
  381  client method of reporting not later than July 1, 2012, the
  382  entity is required to report under the employee leasing
  383  company’s tax identification number and contribution rate.
  384         (IX) After an employee leasing company is licensed pursuant
  385  to part XI of chapter 468, each newly licensed entity has 30
  386  days after the date the license is granted to notify the tax
  387  collection service provider in writing of their selection of the
  388  client method. A newly licensed employee leasing company that
  389  fails to timely select reporting pursuant to the client method
  390  of reporting must report under the employee leasing company’s
  391  tax identification number and contribution rate.
  392         (X) Irrespective of the election, each transfer of trade or
  393  business, including workforce, or a portion thereof, between
  394  employee leasing companies is subject to the provisions of s.
  395  443.131(3)(g) if, at the time of the transfer, there is common
  396  ownership, management, or control between the entities.
  397         b. In addition to any other report required to be filed by
  398  law, an employee leasing company shall submit a report to the
  399  Labor Market Statistics Center within the Department of Economic
  400  Opportunity which includes each client establishment and each
  401  establishment of the leasing company, or as otherwise directed
  402  by the department. The report must include the following
  403  information for each establishment:
  404         (I) The trade or establishment name;
  405         (II) The former reemployment assistance account number, if
  406  available;
  407         (III) The former federal employer’s identification number,
  408  if available;
  409         (IV) The industry code recognized and published by the
  410  United States Office of Management and Budget, if available;
  411         (V) A description of the client’s primary business activity
  412  in order to verify or assign an industry code;
  413         (VI) The address of the physical location;
  414         (VII) The number of full-time and part-time employees who
  415  worked during, or received pay that was subject to reemployment
  416  assistance taxes for, the pay period including the 12th of the
  417  month for each month of the quarter;
  418         (VIII) The total wages subject to reemployment assistance
  419  taxes paid during the calendar quarter;
  420         (IX) An internal identification code to uniquely identify
  421  each establishment of each client;
  422         (X) The month and year that the client entered into the
  423  contract for services; and
  424         (XI) The month and year that the client terminated the
  425  contract for services.
  426         c. The report must be submitted electronically or in a
  427  manner otherwise prescribed by the Department of Economic
  428  Opportunity in the format specified by the Bureau of Labor
  429  Statistics of the United States Department of Labor for its
  430  Multiple Worksite Report for Professional Employer
  431  Organizations. The report must be provided quarterly to the
  432  Labor Market Statistics Center within the department, or as
  433  otherwise directed by the department, and must be filed by the
  434  last day of the month immediately after the end of the calendar
  435  quarter. The information required in sub-sub-subparagraphs b.(X)
  436  and (XI) need be provided only in the quarter in which the
  437  contract to which it relates was entered into or terminated. The
  438  sum of the employment data and the sum of the wage data in this
  439  report must match the employment and wages reported in the
  440  reemployment assistance quarterly tax and wage report.
  441         d. The department shall adopt rules as necessary to
  442  administer this subparagraph, and may administer, collect,
  443  enforce, and waive the penalty imposed by s. 443.141(1)(b) for
  444  the report required by this subparagraph.
  445         e. For the purposes of this subparagraph, the term
  446  “establishment” means any location where business is conducted
  447  or where services or industrial operations are performed.
  448         3. An individual other than an individual who is an
  449  employee under subparagraph 1. or subparagraph 2., who performs
  450  services for remuneration for any person:
  451         a. As an agent-driver or commission-driver engaged in
  452  distributing meat products, vegetable products, fruit products,
  453  bakery products, beverages other than milk, or laundry or
  454  drycleaning services for his or her principal.
  455         b. As a traveling or city salesperson engaged on a full
  456  time basis in the solicitation on behalf of, and the
  457  transmission to, his or her principal of orders from
  458  wholesalers, retailers, contractors, or operators of hotels,
  459  restaurants, or other similar establishments for merchandise for
  460  resale or supplies for use in the business operations. This sub
  461  subparagraph does not apply to an agent-driver or a commission
  462  driver and does not apply to sideline sales activities performed
  463  on behalf of a person other than the salesperson’s principal.
  464         4. The services described in subparagraph 3. are employment
  465  subject to this chapter only if:
  466         a. The contract of service contemplates that substantially
  467  all of the services are to be performed personally by the
  468  individual;
  469         b. The individual does not have a substantial investment in
  470  facilities used in connection with the services, other than
  471  facilities used for transportation; and
  472         c. The services are not in the nature of a single
  473  transaction that is not part of a continuing relationship with
  474  the person for whom the services are performed.
  475         (13) The following are exempt from coverage under this
  476  chapter:
  477         (f) Service performed in the employ of a public employer as
  478  defined in s. 443.036, except as provided in subsection (2), and
  479  service performed in the employ of an instrumentality of a
  480  public employer as described in s. 443.036(36)(b) or (c) s.
  481  443.036(35)(b) or (c), to the extent that the instrumentality is
  482  immune under the United States Constitution from the tax imposed
  483  by s. 3301 of the Internal Revenue Code for that service.
  484         Section 7. Paragraph (f) of subsection (3) of section
  485  443.131, Florida Statutes, is amended to read:
  486         443.131 Contributions.—
  487         (3) VARIATION OF CONTRIBUTION RATES BASED ON BENEFIT
  488  EXPERIENCE.—
  489         (f) Transfer of employment records.—
  490         1. For the purposes of this subsection, two or more
  491  employers who are parties to a transfer of business or the
  492  subject of a merger, consolidation, or other form of
  493  reorganization, effecting a change in legal identity or form,
  494  are deemed a single employer and are considered to be one
  495  employer with a continuous employment record if the tax
  496  collection service provider finds that the successor employer
  497  continues to carry on the employing enterprises of all of the
  498  predecessor employers and that the successor employer has paid
  499  all contributions required of and due from all of the
  500  predecessor employers and has assumed liability for all
  501  contributions that may become due from all of the predecessor
  502  employers. In addition, an employer may not be considered a
  503  successor under this subparagraph if the employer purchases a
  504  company with a lower rate into which employees with job
  505  functions unrelated to the business endeavors of the predecessor
  506  are transferred for the purpose of acquiring the low rate and
  507  avoiding payment of contributions. As used in this paragraph,
  508  notwithstanding s. 443.036(15) s. 443.036(14), the term
  509  “contributions” means all indebtedness to the tax collection
  510  service provider, including, but not limited to, interest,
  511  penalty, collection fee, and service fee. A successor employer
  512  must accept the transfer of all of the predecessor employers’
  513  employment records within 30 days after the date of the official
  514  notification of liability by succession. If a predecessor
  515  employer has unpaid contributions or outstanding quarterly
  516  reports, the successor employer must pay the total amount with
  517  certified funds within 30 days after the date of the notice
  518  listing the total amount due. After the total indebtedness is
  519  paid, the tax collection service provider shall transfer the
  520  employment records of all of the predecessor employers to the
  521  successor employer’s employment record. The tax collection
  522  service provider shall determine the contribution rate of the
  523  combined successor and predecessor employers upon the transfer
  524  of the employment records, as prescribed by rule, in order to
  525  calculate any change in the contribution rate resulting from the
  526  transfer of the employment records.
  527         2. Regardless of whether a predecessor employer’s
  528  employment record is transferred to a successor employer under
  529  this paragraph, the tax collection service provider shall treat
  530  the predecessor employer, if he or she subsequently employs
  531  individuals, as an employer without a previous employment record
  532  or, if his or her coverage is terminated under s. 443.121, as a
  533  new employing unit.
  534         3. The state agency providing reemployment assistance tax
  535  collection services may adopt rules governing the partial
  536  transfer of experience rating when an employer transfers an
  537  identifiable and segregable portion of his or her payrolls and
  538  business to a successor employing unit. As a condition of each
  539  partial transfer, these rules must require the following to be
  540  filed with the tax collection service provider: an application
  541  by the successor employing unit, an agreement by the predecessor
  542  employer, and the evidence required by the tax collection
  543  service provider to show the benefit experience and payrolls
  544  attributable to the transferred portion through the date of the
  545  transfer. These rules must provide that the successor employing
  546  unit, if not an employer subject to this chapter, becomes an
  547  employer as of the date of the transfer and that the transferred
  548  portion of the predecessor employer’s employment record is
  549  removed from the employment record of the predecessor employer.
  550  For each calendar year after the date of the transfer of the
  551  employment record in the records of the tax collection service
  552  provider, the service provider shall compute the contribution
  553  rate payable by the successor employer or employing unit based
  554  on his or her employment record, combined with the transferred
  555  portion of the predecessor employer’s employment record. These
  556  rules may also prescribe what contribution rates are payable by
  557  the predecessor and successor employers for the period between
  558  the date of the transfer of the transferred portion of the
  559  predecessor employer’s employment record in the records of the
  560  tax collection service provider and the first day of the next
  561  calendar year.
  562         4. This paragraph does not apply to an employee leasing
  563  company and client contractual agreement as defined in s.
  564  443.036, except as provided in s. 443.1216(1)(a)2.a. The tax
  565  collection service provider shall, if the contractual agreement
  566  is terminated or the employee leasing company fails to submit
  567  reports or pay contributions as required by the service
  568  provider, treat the client as a new employer without previous
  569  employment record unless the client is otherwise eligible for a
  570  variation from the standard rate.
  571         Section 8. For the purpose of incorporating the amendment
  572  made by this act to section 443.111, Florida Statutes, in a
  573  reference thereto, paragraph (b) of subsection (2) of section
  574  443.041, Florida Statutes, is reenacted to read:
  575         443.041 Waiver of rights; fees; privileged communications.—
  576         (2) FEES.—
  577         (b) An attorney at law representing a claimant for benefits
  578  in any district court of appeal of this state or in the Supreme
  579  Court of Florida is entitled to counsel fees payable by the
  580  department as set by the court if the petition for review or
  581  appeal is initiated by the claimant and results in a decision
  582  awarding more benefits than provided in the decision from which
  583  appeal was taken. The amount of the fee may not exceed 50
  584  percent of the total amount of regular benefits permitted under
  585  s. 443.111(5)(b) during the benefit year.
  586         Section 9. For the purpose of incorporating the amendment
  587  made by this act to section 443.111, Florida Statutes, in a
  588  reference thereto, subsections (6) and (7) and paragraph (a) of
  589  subsection (8) of section 443.1116, Florida Statutes, are
  590  reenacted to read:
  591         443.1116 Short-time compensation.—
  592         (6) WEEKLY SHORT-TIME COMPENSATION BENEFIT AMOUNT.—The
  593  weekly short-time compensation benefit amount payable to an
  594  individual is equal to the product of her or his weekly benefit
  595  amount as provided in s. 443.111(3) and the ratio of the number
  596  of normal weekly hours of work for which the employer would not
  597  compensate the individual to the individual’s normal weekly
  598  hours of work. The benefit amount, if not a multiple of $1, is
  599  rounded downward to the next lower multiple of $1.
  600         (7) TOTAL SHORT-TIME COMPENSATION BENEFIT AMOUNT.—An
  601  individual may not be paid benefits under this section in any
  602  benefit year for more than the maximum entitlement provided in
  603  s. 443.111(5), and an individual may not be paid short-time
  604  compensation benefits for more than 26 weeks in any benefit
  605  year.
  606         (8) EFFECT OF SHORT-TIME COMPENSATION BENEFITS RELATING TO
  607  THE PAYMENT OF REGULAR AND EXTENDED BENEFITS.—
  608         (a) The short-time compensation benefits paid to an
  609  individual shall be deducted from the total benefit amount
  610  established for that individual in s. 443.111(5).
  611         Section 10. This act shall take effect July 1, 2021.