Bill Text: FL S1518 | 2023 | Regular Session | Introduced
Bill Title: Reemployment Assistance
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2023-05-05 - Died in Commerce and Tourism [S1518 Detail]
Download: Florida-2023-S1518-Introduced.html
Florida Senate - 2023 SB 1518 By Senator Pizzo 37-01128-23 20231518__ 1 A bill to be entitled 2 An act relating to reemployment assistance; amending 3 s. 443.036, F.S.; defining and revising terms for 4 purposes of the Reemployment Assistance Program Law; 5 amending s. 443.091, F.S.; revising requirements for 6 reemployment assistance benefits eligibility; creating 7 s. 443.092, F.S.; prohibiting the Department of 8 Economic Opportunity from denying a person 9 reemployment assistance solely on the basis of 10 pregnancy; amending s. 443.111, F.S.; requiring that 11 an alternative base period be used under certain 12 circumstances when calculating wages in determining 13 qualification for reemployment assistance benefits; 14 requiring the department to contact an individual’s 15 employer if certain wage information is unavailable 16 through specified means; specifying that wages that 17 fall within an alternative base period are not 18 available for reuse in subsequent benefit years; 19 requiring the department to adopt rules; revising the 20 weekly benefit amounts an individual may receive; 21 replacing the term “Florida average unemployment rate” 22 with “most recent monthly unemployment rate”; defining 23 the term “most recent unemployment rate”; increasing 24 the cap on the total benefit amount an individual is 25 entitled to receive during a benefit year; increasing 26 the duration of benefits; amending ss. 215.425, 27 443.1216, and 443.131, F.S.; conforming cross 28 references; reenacting ss. 443.041(2)(b) and 29 443.1116(6), (7), and (8)(a), F.S., relating to fees 30 and short-time compensation, respectively, to 31 incorporate the amendments made to s. 443.111, F.S., 32 in references thereto; providing an effective date. 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 (d) and (g) of subsection (1) of 53 section 443.091, Florida Statutes, are amended to read: 54 443.091 Benefit eligibility conditions.— 55 (1) An unemployed individual is eligible to receive 56 benefits for any week only if the Department of Economic 57 Opportunity finds that: 58 (d) She or he is able to work and is available for work. In 59 order to assess eligibility for a claimed week of unemployment, 60 the department shall develop criteria to determine a claimant’s 61 ability to work and availability for work. A claimant must be 62 actively seeking work in order to be considered available for 63 work. This means engaging in systematic and sustained efforts to 64 find work, including contacting at least threefiveprospective 65 employers for each week of unemployment claimed. For the 66 purposes of meeting the requirements of this paragraph, a 67 claimant may contact a prospective employer by submitting a 68 resume to an employer through an online job search service. A 69 claimant who submits a resume to at least three employers 70 through an online job search service satisfies the work search 71 requirements of this paragraph. The department may require the 72 claimant to provide proof of such efforts to the one-stop career 73 center as part of reemployment services. A claimant’s proof of 74 work search efforts may not include the same prospective 75 employer at the same location in 3 consecutive weeks, unless the 76 employer has indicated since the time of the initial contact 77 that the employer is hiring. The department shall conduct random 78 reviews of work search information provided by claimants. As an 79 alternative to contacting at least threefiveprospective 80 employers for any week of unemployment claimed, a claimant may, 81 for that same week, report in person to a one-stop career center 82 to meet with a representative of the center and access 83 reemployment services of the center. The center shall keep a 84 record of the services or information provided to the claimant 85 and shall provide the records to the department upon request by 86 the department. However: 87 1. Notwithstanding any other provision of this paragraph or 88 paragraphs (b) and (e), an otherwise eligible individual may not 89 be denied benefits for any week because she or he is in training 90 with the approval of the department, or by reason of s. 91 443.101(2) relating to failure to apply for, or refusal to 92 accept, suitable work. Training may be approved by the 93 department in accordance with criteria prescribed by rule. A 94 claimant’s eligibility during approved training is contingent 95 upon satisfying eligibility conditions prescribed by rule. 96 2. Notwithstanding any other provision of this chapter, an 97 otherwise eligible individual who is in training approved under 98 s. 236(a)(1) of the Trade Act of 1974, as amended, may not be 99 determined ineligible or disqualified for benefits due to 100 enrollment in such training or because of leaving work that is 101 not suitable employment to enter such training. As used in this 102 subparagraph, the term “suitable employment” means work of a 103 substantially equal or higher skill level than the worker’s past 104 adversely affected employment, as defined for purposes of the 105 Trade Act of 1974, as amended, the wages for which are at least 106 80 percent of the worker’s average weekly wage as determined for 107 purposes of the Trade Act of 1974, as amended. 108 3. Notwithstanding any other provision of this section, an 109 otherwise eligible individual may not be denied benefits for any 110 week because she or he is before any state or federal court 111 pursuant to a lawfully issued summons to appear for jury duty. 112 4. Union members who customarily obtain employment through 113 a union hiring hall may satisfy the work search requirements of 114 this paragraph by reporting daily to their union hall. 115 5. The work search requirements of this paragraph do not 116 apply to persons who are unemployed as a result of a temporary 117 layoff or who are claiming benefits under an approved short-time 118 compensation plan as provided in s. 443.1116. 119 6. In small counties as defined in s. 120.52(19), a 120 claimant engaging in systematic and sustained efforts to find 121 work must contact at least twothreeprospective employers for 122 each week of unemployment claimed. 123 7. The work search requirements of this paragraph do not 124 apply to persons required to participate in reemployment 125 services under paragraph (e). 126 (g) She or he has been paid wages for insured work equal to 127 1.5 times her or his high quarter wages during her or his base 128 period, except that an unemployed individual is not eligible to 129 receive benefits if the base period wages are less than $3,400. 130 If an unemployed individual is ineligible for benefits based on 131 base period wages, his or her wages must be calculated using the 132 alternative base period and his or her claim shall be 133 established using such wages. 134 Section 3. Section 443.092, Florida Statutes, is created to 135 read: 136 443.092 Denial of reemployment assistance solely on the 137 basis of pregnancy prohibited.—The department may not deny a 138 person reemployment assistance solely on the basis of pregnancy. 139 Section 4. Subsections (2) and (3) and paragraphs (a), (b), 140 and (c) of subsection (5) of section 443.111, Florida Statutes, 141 are amended, and paragraph (b) of subsection (1) is republished, 142 to read: 143 443.111 Payment of benefits.— 144 (1) MANNER OF PAYMENT.—Benefits are payable from the fund 145 in accordance with rules adopted by the Department of Economic 146 Opportunity, subject to the following requirements: 147 (b) As required under s. 443.091(1), each claimant must 148 report at least biweekly to receive reemployment assistance 149 benefits and to attest to the fact that she or he is able and 150 available for work, has not refused suitable work, is seeking 151 work and has met the requirements of s. 443.091(1)(d), and, if 152 she or he has worked, to report earnings from that work. Each 153 claimant must continue to report regardless of any appeal or 154 pending appeal relating to her or his eligibility or 155 disqualification for benefits. 156 (2) QUALIFYING REQUIREMENTS.— 157 (a) To establish a benefit year for reemployment assistance 158 benefits, an individual must have: 159 1.(a)Wage credits in two or more calendar quarters of the 160 individual’s base period or alternative base period. 161 2.(b)Minimum total base period wage credits equal to the 162 high quarter wages multiplied by 1.5, but at least $3,400 in the 163 base period, or in the alternative base period if the 164 alternative base period is used for benefits eligibility. 165 (b)1. If a worker is ineligible for benefits based on base 166 period wages, wages for that worker must be calculated using an 167 alternative base period and the claim shall be established using 168 such wages. 169 2. If the wage information for an individual’s most 170 recently completed calendar quarter is unavailable to the 171 department from regular quarterly reports of systematically 172 accessible wage information, the department must promptly 173 contact the individual’s employer to obtain the wage 174 information. 175 3. Wages that fall within the alternative base period of 176 claims established under this paragraph are not available for 177 reuse in qualifying for any subsequent benefit years. 178 4. The department shall adopt rules to administer this 179 paragraph. 180 (3) WEEKLY BENEFIT AMOUNT.— 181 (a) Except as provided in paragraph (b), an individual’s 182 “weekly benefit amount” is an amount equal to one twenty-sixth 183 of the total wages for insured work paid during that quarter of 184 the base period in which the total wages paid were the highest, 185 but not less than $100$32or more than $375$275. The weekly 186 benefit amount, if not a multiple of $1, is rounded downward to 187 the nearest full dollar amount. The maximum weekly benefit 188 amount in effect at the time the claimant establishes an 189 individual weekly benefit amount is the maximum benefit amount 190 applicable throughout the claimant’s benefit year. 191 (b) If an individual’s weekly benefit calculated pursuant 192 to paragraph (a) would result in a weekly benefit amount of less 193 than $100, the individual’s weekly benefit amount may not exceed 194 one-thirteenth of the total wages for insured work paid during 195 the quarter of the base period in which the total wages paid 196 were the highest or $100, whichever is less. 197 (5) DURATION OF BENEFITS.— 198 (a) As used in this section, the term “most recent monthly 199Florida averageunemployment rate” means the most recently 200 available month’saverage of the 3 months for the most recent201third calendar year quarter of theseasonally adjusted statewide 202 unemployment rateratesas published by the Department of 203 Economic Opportunity. 204 (b) Each otherwise eligible individual is entitled during 205 any benefit year to a total amount of benefits equal to 25 206 percent of the total wages in his or her base period, not to 207 exceed $9,375$6,325or the product arrived at by multiplying 208 the weekly benefit amount with the number of weeks determined in 209 paragraph (c), whichever is less. However, the total amount of 210 benefits, if not a multiple of $1, is rounded downward to the 211 nearest full dollar amount. These benefits are payable at a 212 weekly rate no greater than the weekly benefit amount. 213 (c) For claims submitted during a monthcalendar year, the 214 duration of benefits is limited to: 215 1. FourteenTwelveweeks if this state’s most recent 216 monthlyaverageunemployment rate is at or below 5 percent. 217 2. An additional week in addition to the 1412weeks for 218 each 0.5 percent increment in this state’s most recent monthly 219averageunemployment rate above 5 percent. 220 3. Up to a maximum of 2523weeks if this state’s most 221 recent monthlyaverageunemployment rate equals or exceeds 10.5 222 percent. 223 Section 5. Paragraph (a) of subsection (4) of section 224 215.425, Florida Statutes, is amended to read: 225 215.425 Extra compensation claims prohibited; bonuses; 226 severance pay.— 227 (4)(a) On or after July 1, 2011, a unit of government that 228 enters into a contract or employment agreement, or renewal or 229 renegotiation of an existing contract or employment agreement, 230 that contains a provision for severance pay with an officer, 231 agent, employee, or contractor must include the following 232 provisions in the contract: 233 1. A requirement that severance pay provided may not exceed 234 an amount greater than 20 weeks of compensation. 235 2. A prohibition of provision of severance pay when the 236 officer, agent, employee, or contractor has been fired for 237 misconduct, as defined in s. 443.036(30)s. 443.036(29), by the 238 unit of government. 239 Section 6. Paragraph (a) of subsection (1) and paragraph 240 (f) of subsection (13) of section 443.1216, Florida Statutes, 241 are amended to read: 242 443.1216 Employment.—Employment, as defined in s. 443.036, 243 is subject to this chapter under the following conditions: 244 (1)(a) The employment subject to this chapter includes a 245 service performed, including a service performed in interstate 246 commerce, by: 247 1. An officer of a corporation. 248 2. An individual who, under the usual common-law rules 249 applicable in determining the employer-employee relationship, is 250 an employee. However, whenever a client, as defined in s. 251 443.036(19)s. 443.036(18), which would otherwise be designated 252 as an employing unit has contracted with an employee leasing 253 company to supply it with workers, those workers are considered 254 employees of the employee leasing company. An employee leasing 255 company may lease corporate officers of the client to the client 256 and other workers to the client, except as prohibited by 257 regulations of the Internal Revenue Service. Employees of an 258 employee leasing company must be reported under the employee 259 leasing company’s tax identification number and contribution 260 rate for work performed for the employee leasing company. 261 a. However, except for the internal employees of an 262 employee leasing company, each employee leasing company may make 263 a separate one-time election to report and pay contributions 264 under the tax identification number and contribution rate for 265 each client of the employee leasing company. Under the client 266 method, an employee leasing company choosing this option must 267 assign leased employees to the client company that is leasing 268 the employees. The client method is solely a method to report 269 and pay unemployment contributions, and, whichever method is 270 chosen, such election may not impact any other aspect of state 271 law. An employee leasing company that elects the client method 272 must pay contributions at the rates assigned to each client 273 company. 274 (I) The election applies to all of the employee leasing 275 company’s current and future clients. 276 (II) The employee leasing company must notify the 277 Department of Revenue of its election by July 1, 2012, and such 278 election applies to reports and contributions for the first 279 quarter of the following calendar year. The notification must 280 include: 281 (A) A list of each client company and the unemployment 282 account number or, if one has not yet been issued, the federal 283 employment identification number, as established by the employee 284 leasing company upon the election to file by client method; 285 (B) A list of each client company’s current and previous 286 employees and their respective social security numbers for the 287 prior 3 state fiscal years or, if the client company has not 288 been a client for the prior 3 state fiscal years, such portion 289 of the prior 3 state fiscal years that the client company has 290 been a client must be supplied; 291 (C) The wage data and benefit charges associated with each 292 client company for the prior 3 state fiscal years or, if the 293 client company has not been a client for the prior 3 state 294 fiscal years, such portion of the prior 3 state fiscal years 295 that the client company has been a client must be supplied. If 296 the client company’s employment record is chargeable with 297 benefits for less than 8 calendar quarters while being a client 298 of the employee leasing company, the client company must pay 299 contributions at the initial rate of 2.7 percent; and 300 (D) The wage data and benefit charges for the prior 3 state 301 fiscal years that cannot be associated with a client company 302 must be reported and charged to the employee leasing company. 303 (III) Subsequent to choosing the client method, the 304 employee leasing company may not change its reporting method. 305 (IV) The employee leasing company shall file a Florida 306 Department of Revenue Employer’s Quarterly Report for each 307 client company by approved electronic means, and pay all 308 contributions by approved electronic means. 309 (V) For the purposes of calculating experience rates when 310 the client method is chosen, each client’s own benefit charges 311 and wage data experience while with the employee leasing company 312 determines each client’s tax rate where the client has been a 313 client of the employee leasing company for at least 8 calendar 314 quarters before the election. The client company shall continue 315 to report the nonleased employees under its tax rate. 316 (VI) The election is binding on each client of the employee 317 leasing company for as long as a written agreement is in effect 318 between the client and the employee leasing company pursuant to 319 s. 468.525(3)(a). If the relationship between the employee 320 leasing company and the client terminates, the client retains 321 the wage and benefit history experienced under the employee 322 leasing company. 323 (VII) Notwithstanding which election method the employee 324 leasing company chooses, the applicable client company is an 325 employing unit for purposes of s. 443.071. The employee leasing 326 company or any of its officers or agents are liable for any 327 violation of s. 443.071 engaged in by such persons or entities. 328 The applicable client company or any of its officers or agents 329 are liable for any violation of s. 443.071 engaged in by such 330 persons or entities. The employee leasing company or its 331 applicable client company is not liable for any violation of s. 332 443.071 engaged in by the other party or by the other party’s 333 officers or agents. 334 (VIII) If an employee leasing company fails to select the 335 client method of reporting not later than July 1, 2012, the 336 entity is required to report under the employee leasing 337 company’s tax identification number and contribution rate. 338 (IX) After an employee leasing company is licensed pursuant 339 to part XI of chapter 468, each newly licensed entity has 30 340 days after the date the license is granted to notify the tax 341 collection service provider in writing of their selection of the 342 client method. A newly licensed employee leasing company that 343 fails to timely select reporting pursuant to the client method 344 of reporting must report under the employee leasing company’s 345 tax identification number and contribution rate. 346 (X) Irrespective of the election, each transfer of trade or 347 business, including workforce, or a portion thereof, between 348 employee leasing companies is subject to the provisions of s. 349 443.131(3)(h) if, at the time of the transfer, there is common 350 ownership, management, or control between the entities. 351 b. In addition to any other report required to be filed by 352 law, an employee leasing company shall submit a report to the 353 Labor Market Statistics Center within the Department of Economic 354 Opportunity which includes each client establishment and each 355 establishment of the leasing company, or as otherwise directed 356 by the department. The report must include the following 357 information for each establishment: 358 (I) The trade or establishment name; 359 (II) The former reemployment assistance account number, if 360 available; 361 (III) The former federal employer’s identification number, 362 if available; 363 (IV) The industry code recognized and published by the 364 United States Office of Management and Budget, if available; 365 (V) A description of the client’s primary business activity 366 in order to verify or assign an industry code; 367 (VI) The address of the physical location; 368 (VII) The number of full-time and part-time employees who 369 worked during, or received pay that was subject to reemployment 370 assistance taxes for, the pay period including the 12th of the 371 month for each month of the quarter; 372 (VIII) The total wages subject to reemployment assistance 373 taxes paid during the calendar quarter; 374 (IX) An internal identification code to uniquely identify 375 each establishment of each client; 376 (X) The month and year that the client entered into the 377 contract for services; and 378 (XI) The month and year that the client terminated the 379 contract for services. 380 c. The report must be submitted electronically or in a 381 manner otherwise prescribed by the Department of Economic 382 Opportunity in the format specified by the Bureau of Labor 383 Statistics of the United States Department of Labor for its 384 Multiple Worksite Report for Professional Employer 385 Organizations. The report must be provided quarterly to the 386 Labor Market Statistics Center within the department, or as 387 otherwise directed by the department, and must be filed by the 388 last day of the month immediately after the end of the calendar 389 quarter. The information required in sub-sub-subparagraphs b.(X) 390 and (XI) need be provided only in the quarter in which the 391 contract to which it relates was entered into or terminated. The 392 sum of the employment data and the sum of the wage data in this 393 report must match the employment and wages reported in the 394 reemployment assistance quarterly tax and wage report. 395 d. The department shall adopt rules as necessary to 396 administer this subparagraph, and may administer, collect, 397 enforce, and waive the penalty imposed by s. 443.141(1)(b) for 398 the report required by this subparagraph. 399 e. For the purposes of this subparagraph, the term 400 “establishment” means any location where business is conducted 401 or where services or industrial operations are performed. 402 3. An individual other than an individual who is an 403 employee under subparagraph 1. or subparagraph 2., who performs 404 services for remuneration for any person: 405 a. As an agent-driver or commission-driver engaged in 406 distributing meat products, vegetable products, fruit products, 407 bakery products, beverages other than milk, or laundry or 408 drycleaning services for his or her principal. 409 b. As a traveling or city salesperson engaged on a full 410 time basis in the solicitation on behalf of, and the 411 transmission to, his or her principal of orders from 412 wholesalers, retailers, contractors, or operators of hotels, 413 restaurants, or other similar establishments for merchandise for 414 resale or supplies for use in the business operations. This sub 415 subparagraph does not apply to an agent-driver or a commission 416 driver and does not apply to sideline sales activities performed 417 on behalf of a person other than the salesperson’s principal. 418 4. The services described in subparagraph 3. are employment 419 subject to this chapter only if: 420 a. The contract of service contemplates that substantially 421 all of the services are to be performed personally by the 422 individual; 423 b. The individual does not have a substantial investment in 424 facilities used in connection with the services, other than 425 facilities used for transportation; and 426 c. The services are not in the nature of a single 427 transaction that is not part of a continuing relationship with 428 the person for whom the services are performed. 429 (13) The following are exempt from coverage under this 430 chapter: 431 (f) Service performed in the employ of a public employer as 432 defined in s. 443.036, except as provided in subsection (2), and 433 service performed in the employ of an instrumentality of a 434 public employer as described in s. 443.036(36)(b) or (c)s.435443.036(35)(b) or (c), to the extent that the instrumentality is 436 immune under the United States Constitution from the tax imposed 437 by s. 3301 of the Internal Revenue Code for that service. 438 Section 7. Paragraph (g) of subsection (3) of section 439 443.131, Florida Statutes, is amended to read: 440 443.131 Contributions.— 441 (3) VARIATION OF CONTRIBUTION RATES BASED ON BENEFIT 442 EXPERIENCE.— 443 (g) Transfer of employment records.— 444 1. For the purposes of this subsection, two or more 445 employers who are parties to a transfer of business or the 446 subject of a merger, consolidation, or other form of 447 reorganization, effecting a change in legal identity or form, 448 are deemed a single employer and are considered to be one 449 employer with a continuous employment record if the tax 450 collection service provider finds that the successor employer 451 continues to carry on the employing enterprises of all of the 452 predecessor employers and that the successor employer has paid 453 all contributions required of and due from all of the 454 predecessor employers and has assumed liability for all 455 contributions that may become due from all of the predecessor 456 employers. In addition, an employer may not be considered a 457 successor under this subparagraph if the employer purchases a 458 company with a lower rate into which employees with job 459 functions unrelated to the business endeavors of the predecessor 460 are transferred for the purpose of acquiring the low rate and 461 avoiding payment of contributions. As used in this paragraph, 462 notwithstanding s. 443.036(15)s. 443.036(14), the term 463 “contributions” means all indebtedness to the tax collection 464 service provider, including, but not limited to, interest, 465 penalty, collection fee, and service fee. A successor employer 466 must accept the transfer of all of the predecessor employers’ 467 employment records within 30 days after the date of the official 468 notification of liability by succession. If a predecessor 469 employer has unpaid contributions or outstanding quarterly 470 reports, the successor employer must pay the total amount with 471 certified funds within 30 days after the date of the notice 472 listing the total amount due. After the total indebtedness is 473 paid, the tax collection service provider shall transfer the 474 employment records of all of the predecessor employers to the 475 successor employer’s employment record. The tax collection 476 service provider shall determine the contribution rate of the 477 combined successor and predecessor employers upon the transfer 478 of the employment records, as prescribed by rule, in order to 479 calculate any change in the contribution rate resulting from the 480 transfer of the employment records. 481 2. Regardless of whether a predecessor employer’s 482 employment record is transferred to a successor employer under 483 this paragraph, the tax collection service provider shall treat 484 the predecessor employer, if he or she subsequently employs 485 individuals, as an employer without a previous employment record 486 or, if his or her coverage is terminated under s. 443.121, as a 487 new employing unit. 488 3. The state agency providing reemployment assistance tax 489 collection services may adopt rules governing the partial 490 transfer of experience rating when an employer transfers an 491 identifiable and segregable portion of his or her payrolls and 492 business to a successor employing unit. As a condition of each 493 partial transfer, these rules must require the following to be 494 filed with the tax collection service provider: an application 495 by the successor employing unit, an agreement by the predecessor 496 employer, and the evidence required by the tax collection 497 service provider to show the benefit experience and payrolls 498 attributable to the transferred portion through the date of the 499 transfer. These rules must provide that the successor employing 500 unit, if not an employer subject to this chapter, becomes an 501 employer as of the date of the transfer and that the transferred 502 portion of the predecessor employer’s employment record is 503 removed from the employment record of the predecessor employer. 504 For each calendar year after the date of the transfer of the 505 employment record in the records of the tax collection service 506 provider, the service provider shall compute the contribution 507 rate payable by the successor employer or employing unit based 508 on his or her employment record, combined with the transferred 509 portion of the predecessor employer’s employment record. These 510 rules may also prescribe what contribution rates are payable by 511 the predecessor and successor employers for the period between 512 the date of the transfer of the transferred portion of the 513 predecessor employer’s employment record in the records of the 514 tax collection service provider and the first day of the next 515 calendar year. 516 4. This paragraph does not apply to an employee leasing 517 company and client contractual agreement as defined in s. 518 443.036, except as provided in s. 443.1216(1)(a)2.a. The tax 519 collection service provider shall, if the contractual agreement 520 is terminated or the employee leasing company fails to submit 521 reports or pay contributions as required by the service 522 provider, treat the client as a new employer without previous 523 employment record unless the client is otherwise eligible for a 524 variation from the standard rate. 525 Section 8. For the purpose of incorporating the amendment 526 made by this act to section 443.111, Florida Statutes, in a 527 reference thereto, paragraph (b) of subsection (2) of section 528 443.041, Florida Statutes, is reenacted to read: 529 443.041 Waiver of rights; fees; privileged communications.— 530 (2) FEES.— 531 (b) An attorney at law representing a claimant for benefits 532 in any district court of appeal of this state or in the Supreme 533 Court of Florida is entitled to counsel fees payable by the 534 department as set by the court if the petition for review or 535 appeal is initiated by the claimant and results in a decision 536 awarding more benefits than provided in the decision from which 537 appeal was taken. The amount of the fee may not exceed 50 538 percent of the total amount of regular benefits permitted under 539 s. 443.111(5)(b) during the benefit year. 540 Section 9. For the purpose of incorporating the amendment 541 made by this act to section 443.111, Florida Statutes, in 542 references thereto, subsections (6) and (7) and paragraph (a) of 543 subsection (8) of section 443.1116, Florida Statutes, are 544 reenacted to read: 545 443.1116 Short-time compensation.— 546 (6) WEEKLY SHORT-TIME COMPENSATION BENEFIT AMOUNT.—The 547 weekly short-time compensation benefit amount payable to an 548 individual is equal to the product of her or his weekly benefit 549 amount as provided in s. 443.111(3) and the ratio of the number 550 of normal weekly hours of work for which the employer would not 551 compensate the individual to the individual’s normal weekly 552 hours of work. The benefit amount, if not a multiple of $1, is 553 rounded downward to the next lower multiple of $1. 554 (7) TOTAL SHORT-TIME COMPENSATION BENEFIT AMOUNT.—An 555 individual may not be paid benefits under this section in any 556 benefit year for more than the maximum entitlement provided in 557 s. 443.111(5), and an individual may not be paid short-time 558 compensation benefits for more than 26 weeks in any benefit 559 year. 560 (8) EFFECT OF SHORT-TIME COMPENSATION BENEFITS RELATING TO 561 THE PAYMENT OF REGULAR AND EXTENDED BENEFITS.— 562 (a) The short-time compensation benefits paid to an 563 individual shall be deducted from the total benefit amount 564 established for that individual in s. 443.111(5). 565 Section 10. This act shall take effect July 1, 2023.