Florida Senate - 2022 SB 1568 By Senator Bracy 11-00668-22 20221568__ Page 1 of 20 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to reemployment assistance; amending 2 s. 443.036, F.S.; defining terms and revising 3

definitions; amending s. 443.091, F.S.; revising 4 requirements for reemployment assistance benefits 5 eligibility; requiring an alternative base period to 6 be used under certain circumstances when calculating 7 wages in determining eligibility for such benefits; 8 creating s. 443.092, F.S.; prohibiting the Department 9 of Economic Opportunity from denying a person 10 reemployment assistance solely on the basis of 11 pregnancy; amending s. 443.111, F.S.; requiring an 12 alternative base period to be used under certain 13 circumstances when calculating wages in determining 14 qualification for reemployment assistance benefits; 15 requiring the department to contact an individual’s 16 employer if certain wage information is unavailable 17 from specified reports; specifying that wages that 18 fall within an alternative base period are not 19 available for reuse in subsequent benefit years; 20 requiring the department to adopt rules; revising the 21 weekly benefit amounts an individual may receive; 22 replacing the term “Florida average unemployment rate” 23 with “most recent monthly unemployment rate”; defining 24 the term “most recent monthly unemployment rate”; 25 increasing the cap on the total benefit amount an 26 individual is entitled to receive during a benefit 27 year; increasing the duration of benefits; amending 28 ss. 215.425, 443.1216, and 443.131, F.S.; conforming 29

Florida Senate - 2022 SB 1568 11-00668-22 20221568__ Page 2 of 20 CODING: Words stricken are deletions; words underlined are additions. cross-references; reenacting ss. 443.041(2)(

b) and 30 443.1116(6), (7), and (8)(a), F.S., relating to fees 31 and short-time compensation, respectively, to 32 incorporate the amendments made to s. 443.111, F.S., 33 in references thereto; providing an effective date. 34 35 Be It Enacted by the Legislature of the State of Florida: 36 37

Section 1. Present subsections (3) through (46) of

section 38 443.036, Florida Statutes, are redesignated as subsections (4) 39 through (47), respectively, a new subsection (3) is added to 40 that section, and present subsection (24) of that

section is 41 amended, to read: 42 443.036

Definitions.—As used in this chapter, the term: 43 (3) “Alternative base period” means the four most recently 44 completed calendar quarters before an individual’s benefit year, 45 if such quarters qualify the individual for benefits and were 46 not previously used to establish a prior valid benefit year. 47 (25)(24) “High quarter” means the quarter in an 48 individual’s base period, or in the individual’s alternative 49 base period if an alternative base period is used for 50 determining benefits eligibility, in which the individual has 51 the greatest amount of wages paid, regardless of the number of 52 employers paying wages in that quarter. 53

Section 2. Paragraphs (

d) and (

g) of subsection (1) of 54

section 443.091, Florida Statutes, are amended to read: 55 443.091 Benefit eligibility conditions.— 56

(1) An unemployed individual is eligible to receive 57 benefits for any week only if the Department of Economic 58

Florida Senate - 2022 SB 1568 11-00668-22 20221568__ Page 3 of 20 CODING: Words stricken are deletions; words underlined are additions. Opportunity finds that: 59 (

d) She or he is able to work and is available for work. In 60 order to assess eligibility for a claimed week of unemployment, 61 the department shall develop criteria to determine a claimant’s 62 ability to work and availability for work. A claimant must be 63 actively seeking work in order to be considered ava ilable for 64 work. This means engaging in systematic and sustained efforts to 65 find work, including contacting at least three five prospective 66 employers for each week of unemployment claimed.

For the 67 purposes of meeting the requirements of this paragraph, a 68 claimant may contact a prospective employer by submitting a 69 resume to an employer through an online job search service. A 70 claimant who submits a resume to at least three prospective 71 employers for each week of unemployment claimed through an 72 online job search service satisfies the work search requirements 73 of this paragraph. The department may require the claimant to 74 provide proof of such efforts to the one-stop career center as 75 part of reemployment services.

A claimant’s proof of work search 76 efforts may not include the same prospective employer at the 77 same location in 3 consecutive weeks, unless the employer has 78 indicated since the time of the initial contact that the 79 employer is hiring. The department shall conduct random reviews 80 of work search information provided by claimants.

As an 81 alternative to contacting at least three five prospective 82 employers for any week of unemployment claimed, a claimant may, 83 for that same week, report in person to a one-stop career center 84 to meet with a representative of the center and access 85 reemployment services of the center. The center shall keep a 86 record of the services or information provided to the claimant 87

Florida Senate - 2022 SB 1568 11-00668-22 20221568__ Page 4 of 20 CODING: Words stricken are deletions; words underlined are additions. and shall provide the records to the department upon request by 88 the department. However: 89 1. Notwithstanding any other provision of this paragraph or 90 paragraphs (

b) and (e), an otherwise eligible individual may not 91 be denied benefits for any week because she or he is in training 92 with the approval of the department, or by reason of s. 93 443.101(2) relating to failure to apply for, or refusal to 94 accept, suitable work. Training may be approved by the 95 department in accordance with criteria prescribed by rule. A 96 claimant’s eligibility during approved training is contingent 97 upon satisfying eligibility conditions prescribed by rule. 98 2.

Notwithstanding any other provision of this chapter, an 99 otherwise eligible individual who is in training approved under 100 s. 236(a)(1) of the Trade Act of 1974, as amended, may not be 101 determined ineligible or disqualified for benefits due to 102 enrollment in such training or because of leaving work that is 103 not suitable employment to enter such training.

As used in this 104 subparagraph, the term “suitable employment” means work of a 105 substantially equal or higher skill level than the worker’s past 106 adversely affected employment, as defined for purposes of the 107 Trade Act of 1974, as amended, the wages for which are at least 108 80 percent of the worker’s average weekly wage as determined for 109 purposes of the Trade Act of 1974, as amended. 110 3.

Notwithstanding any other provision of this section, an 111 otherwise eligible individual may not be denied benefits for any 112 week because she or he is before any state or federal court 113 pursuant to a lawfully issued summons to appear for jury duty. 114 4. Union members who customarily obtain employment through 115 a union hiring hall may satisfy the work search requirements of 116

Florida Senate - 2022 SB 1568 11-00668-22 20221568__ Page 5 of 20 CODING: Words stricken are deletions; words underlined are additions. this paragraph by reporting daily to their union hall. 117 5. The work search requirements of this paragraph do not 118 apply to persons who are unemployed as a result of a temporary 119 layoff or who are claiming benefits under an approved short -time 120 compensation plan as provided in s. 443.1116. 121 6.

In small counties as defined in s. 120.52(19), a 122 claimant engaging in systematic and sustained efforts to find 123 work must contact at least two three prospective employers for 124 each week of unemployment claimed. 125 7. The work search requirements of this paragraph do not 126 apply to persons required to participate in reemployment 127 services under paragraph (e). 128 (

g) She or he has been paid wages for insured work equal to 129 1.5 times her or his high quarter wages during her or his base 130 period, except that an unemployed individual is not eligible to 131 receive benefits if the base period wages are less than $3,400. 132 If an unemployed individual is ineligible for benefits based on 133 base period wages, his or her wages must be calculated using the 134 alternative base period, and his or her claim must be 135 established using such wages. 136

Section

Section 443.092, Florida Statutes, is created to 137 read: 138 443.092 Denial of reemployment assistance solely on the 139 basis of pregnancy prohibited.—The department may not deny a 140 person reemployment assistance solely on the basis of pregnancy. 141

Section 4. Subsections (2) and (3) and paragraphs (a), (b), 142 and (

c) of subsection (5) of

section 443.111, Florida Statutes, 143 are amended, and paragraph (

b) of subsection (1) is republished, 144 to read: 145

Florida Senate - 2022 SB 1568 11-00668-22 20221568__ Page 6 of 20 CODING: Words stricken are deletions; words underlined are additions. 443.111 Payment of benefits.— 146

(1) MANNER OF PAYMENT.—Benefits are payable from the fund 147 in accordance with rules adopted by the Department of Economic 148 Opportunity, subject to the following requirements: 149 (

b) As required under s. 443.091(1), each claimant must 150 report at least biweekly to receive reemployment assistance 151 benefits and to attest to the fact that she or he is able and 152 available for work, has not refused suitable work, is seeking 153 work and has met the requirements of s. 443.091(1)(d), and, if 154 she or he has worked, to report earnings from that work. Each 155 claimant must continue to report regardless of any app eal or 156 pending appeal relating to her or his eligibility or 157 disqualification for benefits. 158

(2) QUALIFYING REQUIREMENTS.— 159 (

a) To establish a benefit year for reemployment assistance 160 benefits, an individual must have: 161 1.(

a) Wage credits in two or more calendar quarters of the 162 individual’s base period or alternative base period. 163 2.(

b) Minimum total base period wage credits equal to the 164 high quarter wages multiplied by 1.5, but at least $3,400 in the 165 base period, or in the alternative base period if the 166 alternative base period is used for benefits eligibility . 167 (b)1. If a worker is ineligible for benefits based on base 168 period wages, wages for that worker must be calculated using an 169 alternative base period, and the claim must be established using 170 such wages. 171 2. If the wage information for an individual’s most 172 recently completed calendar quarter is unavailable to the 173 department from regular quarterly reports of systematically 174

Florida Senate - 2022 SB 1568 11-00668-22 20221568__ Page 7 of 20 CODING: Words stricken are deletions; words underlined are additions. accessible wage information, the department must promptly 175 contact the individual’s employer to obtain the wage 176 information. 177 3. Wages that fall within the alternative base period of 178 claims established under this paragraph are not available for 179 reuse in qualifying for any subsequent benefit years. 180 4. The department shall adopt rules to administer this 181 paragraph. 182

(3) WEEKLY BENEFIT AMOUNT.— 183 (

a) Except as provided in paragraph (b), an individual’s 184 “weekly benefit amount” is an amount equal to one twenty -sixth 185 of the total wages for insured work paid during that quarter of 186 the base period in which the total wages paid were the highest, 187 but not less than $100 $32 or more than $375 $275. The weekly 188 benefit amount, if not a multiple of $1, is rounded downward to 189 the nearest full dollar amount. The maximum weekly benefit 190 amount in effect at the time the claimant establishes an 191 individual weekly benefit amount is the maximum benefit amount 192 applicable throughout the claimant’s benefit year. 193 (

b) If an individual’s weekly benefit calculated pursuant 194 to paragraph (

a) would result in a weekly benefit amount of le ss 195 than $100, the individual’s weekly benefit amount may not exceed 196 one-thirteenth of the total wages for insured work paid during 197 the quarter of the base period in which the total wages paid 198 were the highest or $100, whichever is less. 199

(5) DURATION OF BENEFITS.— 200 (

a) As used in this section, the term “most recent monthly 201 Florida average unemployment rate” means the most recently 202 available month’s average of the 3 months for the most recent 203

Florida Senate - 2022 SB 1568 11-00668-22 20221568__ Page 8 of 20 CODING: Words stricken are deletions; words underlined are additions. third calendar year quarter of the seasonally adjusted statewide 204 unemployment rate rates as published by the Department of 205 Economic Opportunity. 206 (

b) Each otherwise eligible individual is entitled during 207 any benefit year to a total amount of benefits equal to 25 208 percent of the total wages in his or her base period, not to 209 exceed $9,375 $6,325 or the product arrived at by multiplying 210 the weekly benefit amount with the number of weeks determined in 211 paragraph (c), whichever is less. However, the total amount of 212 benefits, if not a multiple of $1, is rounded downward to the 213 nearest full dollar amount. These benefits are payable at a 214 weekly rate no greater than the weekly benefit amount. 215 (

c) For claims submitted during a month calendar year, the 216 duration of benefits is limited to: 217 1. Fourteen Twelve weeks if this state’s most recent 218 monthly average unemployment rate is at or below 5 percent. 219 2. An additional week in addition to the 14 12 weeks for 220 each 0.5 percent increment in this state’s most recent monthly 221 average unemployment rate above 5 percent. 222 3. Up to a maximum of 25 23 weeks if this state’s most 223 recent monthly average unemployment rate equals or exceeds 10.5 224 percent. 225

Section 5. Paragraph (

a) of subsection (4) of

section 226 215.425, Florida Statutes, is amended to read: 227 215.425 Extra compensation claims prohibited; bonuses; 228 severance pay.— 229 (4)(

a) On or after July 1, 2011, a unit of government that 230 enters into a contract or employment agreement, or renewal or 231 renegotiation of an existing contract or employment agreement, 232

Florida Senate - 2022 SB 1568 11-00668-22 20221568__ Page 9 of 20 CODING: Words stricken are deletions; words underlined are additions. that contains a provision for severance pay with an officer, 233 agent, employee, or contractor must include the following 234 provisions in the contract: 235 1. A requirement that severance pay provided may not exceed 236 an amount greater than 20 weeks of compensation. 237 2. A prohibition of provision of severance pay when the 238 officer, agent, employee, or contractor has been fired for 239 misconduct, as defined in s. 443.036(30) s. 443.036(29), by the 240 unit of government. 241

Section 6. Paragraph (

a) of subsection (1) and paragraph 242 (

f) of subsection (13) of

section 443.1216, Florida Statutes, 243 are amended to read: 244 443.1216 Employment.—Employment, as defined in s. 443.036, 245 is subject to this

chapter under the following conditions: 246 (1)(

a) The employment subject to this

chapter includes a 247 service performed, including a service performed in interstate 248 commerce, by: 249 1. An officer of a corporation. 250 2. An individual who, under the usual common-law rules 251 applicable in determining the employer-employee relationship, is 252 an employee. However, whenever a client, as defined in s. 253 443.036(19) s. 443.036(18), which would otherwise be designated 254 as an employing unit has contracted with an employee leasing 255 company to supply it with workers, those workers are considered 256 employees of the employee leasing company.

An employee leasing 257 company may lease corporate officers of the client to the client 258 and other workers to the client, except as prohibited by 259 regulations of the Internal Revenue Service. Employees of an 260 employee leasing company must be reported under the employee 261

Florida Senate - 2022 SB 1568 11-00668-22 20221568__ Page 10 of 20 CODING: Words stricken are deletions; words underlined are additions. leasing company’s tax identification number and contribution 262 rate for work performed for the employee leasing company. 263 a. However, except for the internal employees of an 264 employee leasing company, each employee leasing company may make 265 a separate one-time election to report and pay contributions 266 under the tax identification number and contribution rate for 267 each client of the employee leasing company.

Under the client 268 method, an employee leasing company choosing this option must 269 assign leased employees to the client company that is leasing 270 the employees. The client method is solely a method to report 271 and pay unemployment contributions, and, whichever method is 272 chosen, such election may not impact any other aspect of state 273 law. An employee leasing company that elects the client method 274 must pay contributions at the rates assigned to each client 275 company. 276 (

I) The election applies to all of the employee leasing 277 company’s current and future clients. 278 (II) The employee leasing company must notify the 279 Department of Revenue of its election by July 1, 2012, and such 280 election applies to reports and contributions for the first 281 quarter of the following calendar year. The notification must 282 include: 283 (

A) A list of each client company and the unemployment 284 account number or, if one has not yet been issued, the federal 285 employment identification number, as established by the employee 286 leasing company upon the election to file by client method; 287 (

B) A list of each client company’s current and previous 288 employees and their respective social security numbers for the 289 prior 3 state fiscal years or, if the client company has not 290

Florida Senate - 2022 SB 1568 11-00668-22 20221568__ Page 11 of 20 CODING: Words stricken are deletions; words underlined are additions. been a client for the prior 3 state fiscal years, such portion 291 of the prior 3 state fiscal years that the client company has 292 been a client must be supplied; 293 (

C) The wage data and benefit charges associated with each 294 client company for the prior 3 state fiscal years or, if the 295 client company has not been a client for the prior 3 state 296 fiscal years, such portion of the prior 3 state fiscal years 297 that the client company has been a client must be supplied. If 298 the client company’s employment record is chargeable with 299 benefits for less than 8 calendar quarters while being a client 300 of the employee leasing company, the client company must pay 301 contributions at the initial rate of 2.7 percent; and 302 (

D) The wage data and benefit charges for the prior 3 state 303 fiscal years that cannot be associated with a client company 304 must be reported and charged to the employee leasing company. 305 (III) Subsequent to choosing the client method, the 306 employee leasing company may not change its reporting method. 307 (IV) The employee leasing company shall file a Florida 308 Department of Revenue Employer’s Quarterly Report for each 309 client company by approved electronic means, and pay all 310 contributions by approved electronic means. 311 (

V) For the purposes of calculating experience rates when 312 the client method is chosen, each client’s own benefit charges 313 and wage data experience while with the employee leasing company 314 determines each client’s tax rate where the client has been a 315 client of the employee leasing company for at least 8 calendar 316 quarters before the election. The client company shall continue 317 to report the nonleased employees under its tax rate. 318 (VI) The election is binding on each client of the emp loyee 319

Florida Senate - 2022 SB 1568 11-00668-22 20221568__ Page 12 of 20 CODING: Words stricken are deletions; words underlined are additions. leasing company for as long as a written agreement is in effect 320 between the client and the employee leasing company pursuant to 321 s. 468.525(3)(a).

If the relationship between the employee 322 leasing company and the client terminates, the client retains 323 the wage and benefit history experienced under the employee 324 leasing company. 325 (VII) Notwithstanding which election method the employee 326 leasing company chooses, the applicable client company is an 327 employing unit for purposes of s. 443.071.

The employee leasin g 328 company or any of its officers or agents are liable for any 329 violation of s. 443.071 engaged in by such persons or entities. 330 The applicable client company or any of its officers or agents 331 are liable for any violation of s. 443.071 engaged in by such 332 persons or entities.

The employee leasing company or its 333 applicable client company is not liable for any violation of s. 334 443.071 engaged in by the other party or by the other party’s 335 officers or agents. 336 (VIII) If an employee leasing company fails to select the 337 client method of reporting not later than July 1, 2012, the 338 entity is required to report under the employee leasing 339 company’s tax identification number and contribution rate. 340 (IX) After an employee leasing company is licensed pursuant 341 to

part XI of

chapter 468, each newly licensed entity has 30 342 days after the date the license is granted to notify the tax 343 collection service provider in writing of their selection of the 344 client method. A newly licensed employee leasing company that 345 fails to timely select reporting pursuant to the client method 346 of reporting must report under the employee leasing company’s 347 tax identification number and contribution rate. 348

Florida Senate - 2022 SB 1568 11-00668-22 20221568__ Page 13 of 20 CODING: Words stricken are deletions; words underlined are additions. (

X) Irrespective of the election, each transfer of trade or 349 business, including workforce, or a portion thereo f, between 350 employee leasing companies is subject to the provisions of s. 351 443.131(3)(

h) if, at the time of the transfer, there is common 352 ownership, management, or control between the entities. 353 b. In addition to any other report required to be filed by 354 law, an employee leasing company shall submit a report to the 355 Labor Market Statistics Center within the Department of Economic 356 Opportunity which includes each client establishment and each 357 establishment of the leasing company, or as otherwise directed 358 by the department. The report must include the following 359 information for each establishment: 360 (

I) The trade or establishment name; 361 (II) The former reemployment assistance account number, if 362 available; 363 (III) The former federal employer’s identification number, 364 if available; 365 (IV) The industry code recognized and published by the 366 United States Office of Management and Budget, if available; 367 (

V) A description of the client’s primary business activity 368 in order to verify or assign an industry code; 369 (VI) The address of the physical location; 370 (VII) The number of full-time and part-time employees who 371 worked during, or received pay that was subject to reemployment 372 assistance taxes for, the pay period including the 12th of the 373 month for each month of the quarter; 374 (VIII) The total wages subject to reemployment assistance 375 taxes paid during the calendar quarter; 376 (IX) An internal identification code to uniquely identify 377

Florida Senate - 2022 SB 1568 11-00668-22 20221568__ Page 14 of 20 CODING: Words stricken are deletions; words underlined are additions. each establishment of each client; 378 (

X) The month and year that the client entered into the 379 contract for services; and 380 (XI) The month and year that the client terminated the 381 contract for services. 382 c. The report must be submitted electronically or in a 383 manner otherwise prescribed by the Department of Economic 384 Opportunity in the format specified by the Bureau of Labor 385 Statistics of the United States Department of Labor for its 386 Multiple Worksite Report for Professional Employer 387 Organizations.

The report must be provided quarterly to the 388 Labor Market Statistics Center within the department, or as 389 otherwise directed by the department, and must be filed by the 390 last day of the month immediately after the end of the calendar 391 quarter. The information required in sub-sub-subparagraphs b.(X) 392 and (XI) need be provided only in the quarter in which the 393 contract to which it relates was entered into or terminated.

The 394 sum of the employment data and the sum of the wage data in this 395 report must match the employment and wages reported in the 396 reemployment assistance quarterly tax and wage report. 397 d. The department shall adopt rules as necessary to 398 administer this subparagraph, and may administer, collect, 399 enforce, and waive the penalty imposed by s. 443.141(1)(

b) for 400 the report required by this subparagraph. 401 e. For the purposes of this subparagraph, the term 402 “establishment” means any location where business is conducted 403 or where services or industrial operations are performed. 404 3. An individual other than an individual who is an 405 employee under subparagraph 1. or subparagraph 2., who performs 406

Florida Senate - 2022 SB 1568 11-00668-22 20221568__ Page 15 of 20 CODING: Words stricken are deletions; words underlined are additions. services for remuneration for any person: 407 a. As an agent-driver or commission-driver engaged in 408 distributing meat products, vegetable products, fruit products, 409 bakery products, beverages other than milk, or laundry or 410 drycleaning services for his or her principal. 411 b.

As a traveling or city salesperson engaged on a full-412 time basis in the solicitation on behalf of, and the 413 transmission to, his or her principal of orders from 414 wholesalers, retailers, contractors, or operators of hotels, 415 restaurants, or other similar establishments for merchandise for 416 resale or supplies for use in the business operations. This sub -417 subparagraph does not apply to an agent-driver or a commission-418 driver and does not apply to sideline sales activities performed 419 on behalf of a person other than the salesperson’s principal. 420 4.

The services described in subparagraph 3. are employment 421 subject to this

chapter only if: 422 a. The contract of service contemplates that substantially 423 all of the services are to be performed personally by the 424 individual; 425 b. The individual does not have a substantial investment in 426 facilities used in connection with the services, other than 427 facilities used for transportation; and 428 c. The services are not in the nature of a single 429 transaction that is not part of a continuing relationship with 430 the person for whom the services are performed. 431

(13) The following are exempt from coverage under this 432 chapter: 433 (

f) Service performed in the employ of a public employer as 434 defined in s. 443.036, except as provided in subsection (2), and 435

Florida Senate - 2022 SB 1568 11-00668-22 20221568__ Page 16 of 20 CODING: Words stricken are deletions; words underlined are additions. service performed in the employ of an instrumentali ty of a 436 public employer as described in s. 443.036(36)(

b) or (

c) s. 437 443.036(35)(

b) or (c), to the extent that the instrumentality is 438 immune under the United States Constitution from the tax imposed 439 by s. 3301 of the Internal Revenue Code for that service. 440

Section 7. Paragraph (

g) of subsection (3) of

section 441 443.131, Florida Statutes, is amended to read: 442 443.131 Contributions.— 443

(3) VARIATION OF CONTRIBUTION RATES BASED ON BENEFIT 444 EXPERIENCE.— 445 (

g) Transfer of employment records.— 446 1.

For the purposes of this subsection, two or more 447 employers who are parties to a transfer of business or the 448 subject of a merger, consolidation, or other form of 449 reorganization, effecting a change in legal identity or form, 450 are deemed a single employer and are considered to be on e 451 employer with a continuous employment record if the tax 452 collection service provider finds that the successor employer 453 continues to carry on the employing enterprises of all of the 454 predecessor employers and that the successor employer has paid 455 all contributions required of and due from all of the 456 predecessor employers and has assumed liability for all 457 contributions that may become due from all of the predecessor 458 employers.

In addition, an employer may not be considered a 459 successor under this subparagraph if the employer purchases a 460 company with a lower rate into which employees with job 461 functions unrelated to the business endeavors of the predecessor 462 are transferred for the purpose of acquiring the low rate and 463 avoiding payment of contributions. As used in this paragraph, 464

Florida Senate - 2022 SB 1568 11-00668-22 20221568__ Page 17 of 20 CODING: Words stricken are deletions; words underlined are additions. notwithstanding s. 443.036(15) s. 443.036(14), the term 465 “contributions” means all indebtedness to the tax collection 466 service provider, including, but not limited to, interest, 467 penalty, collection fee, and service fee. A successor employer 468 must accept the transfer of all of the predecessor employers’ 469 employment records within 30 days after the date of the official 470 notification of liability by succession.

If a predecessor 471 employer has unpaid contributions or outstanding quarterly 472 reports, the successor employer must pay the total amount with 473 certified funds within 30 days after the date of the notice 474 listing the total amount due. After the total indebtedness is 475 paid, the tax collection service provider shall transfer the 476 employment records of all of the predecessor employers to the 477 successor employer’s employment record.

The tax collection 478 service provider shall determine the contribution rate of the 479 combined successor and predecessor employers upon the transfer 480 of the employment records, as prescribed by rule, in order to 481 calculate any change in the contribution rate resulting from the 482 transfer of the employment records. 483 2.

Regardless of whether a predecessor employer’s 484 employment record is transferred to a successor employer under 485 this paragraph, the tax collection service provider shall treat 486 the predecessor employer, if he or she subsequently employs 487 individuals, as an employer without a previous employment record 488 or, if his or her coverage is terminated under s. 443.121, as a 489 new employing unit. 490 3. The state agency providing reemployment assistance tax 491 collection services may adopt rules governing the partial 492 transfer of experience rating when an employer transfers an 493

Florida Senate - 2022 SB 1568 11-00668-22 20221568__ Page 18 of 20 CODING: Words stricken are deletions; words underlined are additions. identifiable and segregable portion of his or her payrolls and 494 business to a successor employing unit.

As a condition of each 495 partial transfer, these rules must require the following to be 496 filed with the tax collection service provider: an application 497 by the successor employing unit, an agreement by the predecessor 498 employer, and the evidence required by the tax collection 499 service provider to show the benefit experience and payrolls 500 attributable to the transferred portion through the date of the 501 transfer.

These rules must provide that the successor employing 502 unit, if not an employer subject to this chapter, becomes an 503 employer as of the date of the transfer and that the transferred 504 portion of the predecessor employer’s employment record is 505 removed from the employment record of the predecessor employer. 506 For each calendar year after the date of the transfer of the 507 employment record in the records of the tax collection service 508 provider, the service provider shall compute the contribution 509 rate payable by the successor employer or employing unit based 510 on his or her employment record, combined with the transferred 511 portion of the predecessor employer’s employment record.

These 512 rules may also prescribe what contribution rates are payable by 513 the predecessor and successor employers for the period between 514 the date of the transfer of the transferred portion of the 515 predecessor employer’s employment record in the records of the 516 tax collection service provider and the first day of the next 517 calendar year. 518 4. This paragraph does not apply to an employee leasing 519 company and client contractual agreement as defined in s. 520 443.036, except as provided in s. 443.1216(1)(a)2.a. The tax 521 collection service provider shall, if the contractual agreement 522

Florida Senate - 2022 SB 1568 11-00668-22 20221568__ Page 19 of 20 CODING: Words stricken are deletions; words underlined are additions. is terminated or the employee leasing company fails to submit 523 reports or pay contributions as required by the servi ce 524 provider, treat the client as a new employer without previous 525 employment record unless the client is otherwise eligible for a 526 variation from the standard rate. 527

Section 8. For the purpose of incorporating the amendments 528 made by this act to

section 443.111, Florida Statutes, in a 529 reference thereto, paragraph (

b) of subsection (2) of

section 530 443.041, Florida Statutes, is reenacted to read: 531 443.041 Waiver of rights; fees; privileged communications. — 532

(2) FEES.— 533 (

b) An attorney at law representing a claimant for benefits 534 in any district court of appeal of this state or in the Supreme 535 Court of Florida is entitled to counsel fees payable by the 536 department as set by the court if the petition for review or 537 appeal is initiated by the claimant and results in a deci sion 538 awarding more benefits than provided in the decision from which 539 appeal was taken. The amount of the fee may not exceed 50 540 percent of the total amount of regular benefits permitted under 541 s. 443.111(5)(

b) during the benefit year. 542

Section 9. For the purpose of incorporating the amendments 543 made by this act to

section 443.111, Florida Statutes, in 544 references thereto, subsections (6) and (7) and paragraph (

a) of 545 subsection (8) of

section 443.1116, Florida Statutes, are 546 reenacted to read: 547 443.1116 Short-time compensation.— 548

(6) WEEKLY SHORT-TIME COMPENSATION BENEFIT AMOUNT.—The 549 weekly short-time compensation benefit amount payable to an 550 individual is equal to the product of her or his weekly benefit 551

Florida Senate - 2022 SB 1568 11-00668-22 20221568__ Page 20 of 20 CODING: Words stricken are deletions; words underlined are additions. amount as provided in s. 443.111(3) and the ratio of the num ber 552 of normal weekly hours of work for which the employer would not 553 compensate the individual to the individual’s normal weekly 554 hours of work. The benefit amount, if not a multiple of $1, is 555 rounded downward to the next lower multiple of $1. 556

(7) TOTAL SHORT-TIME COMPENSATION BENEFIT AMOUNT.—An 557 individual may not be paid benefits under this

section in any 558 benefit year for more than the maximum entitlement provided in 559 s. 443.111(5), and an individual may not be paid short -time 560 compensation benefits for more than 26 weeks in any benefit 561 year. 562

(8) EFFECT OF SHORT-TIME COMPENSATION BENEFITS RELATING TO 563 THE PAYMENT OF REGULAR AND EXTENDED BENEFITS.— 564 (

a) The short-time compensation benefits paid to an 565 individual shall be deducted from the total benefit amount 566 established for that individual in s. 443.111(5). 567

Section 10. This act shall take effect July 1, 2022. 568