Florida Senate - 2022 SB 1568 By Senator Bracy 11-00668-22 20221568__ 1 A bill to be entitled 2 An act relating to reemployment assistance; amending 3 s. 443.036, F.S.; defining terms and revising 4 definitions; amending s. 443.091, F.S.; revising 5 requirements for reemployment assistance benefits 6 eligibility; requiring an alternative base period to 7 be used under certain circumstances when calculating 8 wages in determining eligibility for such benefits; 9 creating s. 443.092, F.S.; prohibiting the Department 10 of Economic Opportunity from denying a person 11 reemployment assistance solely on the basis of 12 pregnancy; amending s. 443.111, F.S.; requiring an 13 alternative base period to be used under certain 14 circumstances when calculating wages in determining 15 qualification for reemployment assistance benefits; 16 requiring the department to contact an individuals 17 employer if certain wage information is unavailable 18 from specified reports; specifying that wages that 19 fall within an alternative base period are not 20 available for reuse in subsequent benefit years; 21 requiring the department to adopt rules; revising the 22 weekly benefit amounts an individual may receive; 23 replacing the term Florida average unemployment rate 24 with most recent monthly unemployment rate; defining 25 the term most recent monthly unemployment rate; 26 increasing the cap on the total benefit amount an 27 individual is entitled to receive during a benefit 28 year; increasing the duration of benefits; amending 29 ss. 215.425, 443.1216, and 443.131, F.S.; conforming 30 cross-references; reenacting ss. 443.041(2)(b) and 31 443.1116(6), (7), and (8)(a), F.S., relating to fees 32 and short-time compensation, respectively, to 33 incorporate the amendments made to s. 443.111, F.S., 34 in references thereto; providing an effective date. 35 36 Be It Enacted by the Legislature of the State of Florida: 37 38 Section 1.Present subsections (3) through (46) of section 39 443.036, Florida Statutes, are redesignated as subsections (4) 40 through (47), respectively, a new subsection (3) is added to 41 that section, and present subsection (24) of that section is 42 amended, to read: 43 443.036Definitions.As used in this chapter, the term: 44 (3)Alternative base period means the four most recently 45 completed calendar quarters before an individuals benefit year, 46 if such quarters qualify the individual for benefits and were 47 not previously used to establish a prior valid benefit year. 48 (25)(24)High quarter means the quarter in an 49 individuals base period, or in the individuals alternative 50 base period if an alternative base period is used for 51 determining benefits eligibility, in which the individual has 52 the greatest amount of wages paid, regardless of the number of 53 employers paying wages in that quarter. 54 Section 2.Paragraphs (d) and (g) of subsection (1) of 55 section 443.091, Florida Statutes, are amended to read: 56 443.091Benefit eligibility conditions. 57 (1)An unemployed individual is eligible to receive 58 benefits for any week only if the Department of Economic 59 Opportunity finds that: 60 (d)She or he is able to work and is available for work. In 61 order to assess eligibility for a claimed week of unemployment, 62 the department shall develop criteria to determine a claimants 63 ability to work and availability for work. A claimant must be 64 actively seeking work in order to be considered available for 65 work. This means engaging in systematic and sustained efforts to 66 find work, including contacting at least three five prospective 67 employers for each week of unemployment claimed. For the 68 purposes of meeting the requirements of this paragraph, a 69 claimant may contact a prospective employer by submitting a 70 resume to an employer through an online job search service. A 71 claimant who submits a resume to at least three prospective 72 employers for each week of unemployment claimed through an 73 online job search service satisfies the work search requirements 74 of this paragraph. The department may require the claimant to 75 provide proof of such efforts to the one-stop career center as 76 part of reemployment services. A claimants proof of work search 77 efforts may not include the same prospective employer at the 78 same location in 3 consecutive weeks, unless the employer has 79 indicated since the time of the initial contact that the 80 employer is hiring. The department shall conduct random reviews 81 of work search information provided by claimants. As an 82 alternative to contacting at least three five prospective 83 employers for any week of unemployment claimed, a claimant may, 84 for that same week, report in person to a one-stop career center 85 to meet with a representative of the center and access 86 reemployment services of the center. The center shall keep a 87 record of the services or information provided to the claimant 88 and shall provide the records to the department upon request by 89 the department. However: 90 1.Notwithstanding any other provision of this paragraph or 91 paragraphs (b) and (e), an otherwise eligible individual may not 92 be denied benefits for any week because she or he is in training 93 with the approval of the department, or by reason of s. 94 443.101(2) relating to failure to apply for, or refusal to 95 accept, suitable work. Training may be approved by the 96 department in accordance with criteria prescribed by rule. A 97 claimants eligibility during approved training is contingent 98 upon satisfying eligibility conditions prescribed by rule. 99 2.Notwithstanding any other provision of this chapter, an 100 otherwise eligible individual who is in training approved under 101 s. 236(a)(1) of the Trade Act of 1974, as amended, may not be 102 determined ineligible or disqualified for benefits due to 103 enrollment in such training or because of leaving work that is 104 not suitable employment to enter such training. As used in this 105 subparagraph, the term suitable employment means work of a 106 substantially equal or higher skill level than the workers past 107 adversely affected employment, as defined for purposes of the 108 Trade Act of 1974, as amended, the wages for which are at least 109 80 percent of the workers average weekly wage as determined for 110 purposes of the Trade Act of 1974, as amended. 111 3.Notwithstanding any other provision of this section, an 112 otherwise eligible individual may not be denied benefits for any 113 week because she or he is before any state or federal court 114 pursuant to a lawfully issued summons to appear for jury duty. 115 4.Union members who customarily obtain employment through 116 a union hiring hall may satisfy the work search requirements of 117 this paragraph by reporting daily to their union hall. 118 5.The work search requirements of this paragraph do not 119 apply to persons who are unemployed as a result of a temporary 120 layoff or who are claiming benefits under an approved short-time 121 compensation plan as provided in s. 443.1116. 122 6.In small counties as defined in s. 120.52(19), a 123 claimant engaging in systematic and sustained efforts to find 124 work must contact at least two three prospective employers for 125 each week of unemployment claimed. 126 7.The work search requirements of this paragraph do not 127 apply to persons required to participate in reemployment 128 services under paragraph (e). 129 (g)She or he has been paid wages for insured work equal to 130 1.5 times her or his high quarter wages during her or his base 131 period, except that an unemployed individual is not eligible to 132 receive benefits if the base period wages are less than $3,400. 133 If an unemployed individual is ineligible for benefits based on 134 base period wages, his or her wages must be calculated using the 135 alternative base period, and his or her claim must be 136 established using such wages. 137 Section 3.Section 443.092, Florida Statutes, is created to 138 read: 139 443.092Denial of reemployment assistance solely on the 140 basis of pregnancy prohibited.The department may not deny a 141 person reemployment assistance solely on the basis of pregnancy. 142 Section 4.Subsections (2) and (3) and paragraphs (a), (b), 143 and (c) of subsection (5) of section 443.111, Florida Statutes, 144 are amended, and paragraph (b) of subsection (1) is republished, 145 to read: 146 443.111Payment of benefits. 147 (1)MANNER OF PAYMENT.Benefits are payable from the fund 148 in accordance with rules adopted by the Department of Economic 149 Opportunity, subject to the following requirements: 150 (b)As required under s. 443.091(1), each claimant must 151 report at least biweekly to receive reemployment assistance 152 benefits and to attest to the fact that she or he is able and 153 available for work, has not refused suitable work, is seeking 154 work and has met the requirements of s. 443.091(1)(d), and, if 155 she or he has worked, to report earnings from that work. Each 156 claimant must continue to report regardless of any appeal or 157 pending appeal relating to her or his eligibility or 158 disqualification for benefits. 159 (2)QUALIFYING REQUIREMENTS. 160 (a)To establish a benefit year for reemployment assistance 161 benefits, an individual must have: 162 1.(a)Wage credits in two or more calendar quarters of the 163 individuals base period or alternative base period. 164 2.(b)Minimum total base period wage credits equal to the 165 high quarter wages multiplied by 1.5, but at least $3,400 in the 166 base period, or in the alternative base period if the 167 alternative base period is used for benefits eligibility. 168 (b)1.If a worker is ineligible for benefits based on base 169 period wages, wages for that worker must be calculated using an 170 alternative base period, and the claim must be established using 171 such wages. 172 2.If the wage information for an individuals most 173 recently completed calendar quarter is unavailable to the 174 department from regular quarterly reports of systematically 175 accessible wage information, the department must promptly 176 contact the individuals employer to obtain the wage 177 information. 178 3.Wages that fall within the alternative base period of 179 claims established under this paragraph are not available for 180 reuse in qualifying for any subsequent benefit years. 181 4.The department shall adopt rules to administer this 182 paragraph. 183 (3)WEEKLY BENEFIT AMOUNT. 184 (a)Except as provided in paragraph (b), an individuals 185 weekly benefit amount is an amount equal to one twenty-sixth 186 of the total wages for insured work paid during that quarter of 187 the base period in which the total wages paid were the highest, 188 but not less than $100 $32 or more than $375 $275. The weekly 189 benefit amount, if not a multiple of $1, is rounded downward to 190 the nearest full dollar amount. The maximum weekly benefit 191 amount in effect at the time the claimant establishes an 192 individual weekly benefit amount is the maximum benefit amount 193 applicable throughout the claimants benefit year. 194 (b)If an individuals weekly benefit calculated pursuant 195 to paragraph (a) would result in a weekly benefit amount of less 196 than $100, the individuals weekly benefit amount may not exceed 197 one-thirteenth of the total wages for insured work paid during 198 the quarter of the base period in which the total wages paid 199 were the highest or $100, whichever is less. 200 (5)DURATION OF BENEFITS. 201 (a)As used in this section, the term most recent monthly 202 Florida average unemployment rate means the most recently 203 available months average of the 3 months for the most recent 204 third calendar year quarter of the seasonally adjusted statewide 205 unemployment rate rates as published by the Department of 206 Economic Opportunity. 207 (b)Each otherwise eligible individual is entitled during 208 any benefit year to a total amount of benefits equal to 25 209 percent of the total wages in his or her base period, not to 210 exceed $9,375 $6,325 or the product arrived at by multiplying 211 the weekly benefit amount with the number of weeks determined in 212 paragraph (c), whichever is less. However, the total amount of 213 benefits, if not a multiple of $1, is rounded downward to the 214 nearest full dollar amount. These benefits are payable at a 215 weekly rate no greater than the weekly benefit amount. 216 (c)For claims submitted during a month calendar year, the 217 duration of benefits is limited to: 218 1.Fourteen Twelve weeks if this states most recent 219 monthly average unemployment rate is at or below 5 percent. 220 2.An additional week in addition to the 14 12 weeks for 221 each 0.5 percent increment in this states most recent monthly 222 average unemployment rate above 5 percent. 223 3.Up to a maximum of 25 23 weeks if this states most 224 recent monthly average unemployment rate equals or exceeds 10.5 225 percent. 226 Section 5.Paragraph (a) of subsection (4) of section 227 215.425, Florida Statutes, is amended to read: 228 215.425Extra compensation claims prohibited; bonuses; 229 severance pay. 230 (4)(a)On or after July 1, 2011, a unit of government that 231 enters into a contract or employment agreement, or renewal or 232 renegotiation of an existing contract or employment agreement, 233 that contains a provision for severance pay with an officer, 234 agent, employee, or contractor must include the following 235 provisions in the contract: 236 1.A requirement that severance pay provided may not exceed 237 an amount greater than 20 weeks of compensation. 238 2.A prohibition of provision of severance pay when the 239 officer, agent, employee, or contractor has been fired for 240 misconduct, as defined in s. 443.036(30) s. 443.036(29), by the 241 unit of government. 242 Section 6.Paragraph (a) of subsection (1) and paragraph 243 (f) of subsection (13) of section 443.1216, Florida Statutes, 244 are amended to read: 245 443.1216Employment.Employment, as defined in s. 443.036, 246 is subject to this chapter under the following conditions: 247 (1)(a)The employment subject to this chapter includes a 248 service performed, including a service performed in interstate 249 commerce, by: 250 1.An officer of a corporation. 251 2.An individual who, under the usual common-law rules 252 applicable in determining the employer-employee relationship, is 253 an employee. However, whenever a client, as defined in s. 254 443.036(19) s. 443.036(18), which would otherwise be designated 255 as an employing unit has contracted with an employee leasing 256 company to supply it with workers, those workers are considered 257 employees of the employee leasing company. An employee leasing 258 company may lease corporate officers of the client to the client 259 and other workers to the client, except as prohibited by 260 regulations of the Internal Revenue Service. Employees of an 261 employee leasing company must be reported under the employee 262 leasing companys tax identification number and contribution 263 rate for work performed for the employee leasing company. 264 a.However, except for the internal employees of an 265 employee leasing company, each employee leasing company may make 266 a separate one-time election to report and pay contributions 267 under the tax identification number and contribution rate for 268 each client of the employee leasing company. Under the client 269 method, an employee leasing company choosing this option must 270 assign leased employees to the client company that is leasing 271 the employees. The client method is solely a method to report 272 and pay unemployment contributions, and, whichever method is 273 chosen, such election may not impact any other aspect of state 274 law. An employee leasing company that elects the client method 275 must pay contributions at the rates assigned to each client 276 company. 277 (I)The election applies to all of the employee leasing 278 companys current and future clients. 279 (II)The employee leasing company must notify the 280 Department of Revenue of its election by July 1, 2012, and such 281 election applies to reports and contributions for the first 282 quarter of the following calendar year. The notification must 283 include: 284 (A)A list of each client company and the unemployment 285 account number or, if one has not yet been issued, the federal 286 employment identification number, as established by the employee 287 leasing company upon the election to file by client method; 288 (B)A list of each client companys current and previous 289 employees and their respective social security numbers for the 290 prior 3 state fiscal years or, if the client company has not 291 been a client for the prior 3 state fiscal years, such portion 292 of the prior 3 state fiscal years that the client company has 293 been a client must be supplied; 294 (C)The wage data and benefit charges associated with each 295 client company for the prior 3 state fiscal years or, if the 296 client company has not been a client for the prior 3 state 297 fiscal years, such portion of the prior 3 state fiscal years 298 that the client company has been a client must be supplied. If 299 the client companys employment record is chargeable with 300 benefits for less than 8 calendar quarters while being a client 301 of the employee leasing company, the client company must pay 302 contributions at the initial rate of 2.7 percent; and 303 (D)The wage data and benefit charges for the prior 3 state 304 fiscal years that cannot be associated with a client company 305 must be reported and charged to the employee leasing company. 306 (III)Subsequent to choosing the client method, the 307 employee leasing company may not change its reporting method. 308 (IV)The employee leasing company shall file a Florida 309 Department of Revenue Employers Quarterly Report for each 310 client company by approved electronic means, and pay all 311 contributions by approved electronic means. 312 (V)For the purposes of calculating experience rates when 313 the client method is chosen, each clients own benefit charges 314 and wage data experience while with the employee leasing company 315 determines each clients tax rate where the client has been a 316 client of the employee leasing company for at least 8 calendar 317 quarters before the election. The client company shall continue 318 to report the nonleased employees under its tax rate. 319 (VI)The election is binding on each client of the employee 320 leasing company for as long as a written agreement is in effect 321 between the client and the employee leasing company pursuant to 322 s. 468.525(3)(a). If the relationship between the employee 323 leasing company and the client terminates, the client retains 324 the wage and benefit history experienced under the employee 325 leasing company. 326 (VII)Notwithstanding which election method the employee 327 leasing company chooses, the applicable client company is an 328 employing unit for purposes of s. 443.071. The employee leasing 329 company or any of its officers or agents are liable for any 330 violation of s. 443.071 engaged in by such persons or entities. 331 The applicable client company or any of its officers or agents 332 are liable for any violation of s. 443.071 engaged in by such 333 persons or entities. The employee leasing company or its 334 applicable client company is not liable for any violation of s. 335 443.071 engaged in by the other party or by the other partys 336 officers or agents. 337 (VIII)If an employee leasing company fails to select the 338 client method of reporting not later than July 1, 2012, the 339 entity is required to report under the employee leasing 340 companys tax identification number and contribution rate. 341 (IX)After an employee leasing company is licensed pursuant 342 to part XI of chapter 468, each newly licensed entity has 30 343 days after the date the license is granted to notify the tax 344 collection service provider in writing of their selection of the 345 client method. A newly licensed employee leasing company that 346 fails to timely select reporting pursuant to the client method 347 of reporting must report under the employee leasing companys 348 tax identification number and contribution rate. 349 (X)Irrespective of the election, each transfer of trade or 350 business, including workforce, or a portion thereof, between 351 employee leasing companies is subject to the provisions of s. 352 443.131(3)(h) if, at the time of the transfer, there is common 353 ownership, management, or control between the entities. 354 b.In addition to any other report required to be filed by 355 law, an employee leasing company shall submit a report to the 356 Labor Market Statistics Center within the Department of Economic 357 Opportunity which includes each client establishment and each 358 establishment of the leasing company, or as otherwise directed 359 by the department. The report must include the following 360 information for each establishment: 361 (I)The trade or establishment name; 362 (II)The former reemployment assistance account number, if 363 available; 364 (III)The former federal employers identification number, 365 if available; 366 (IV)The industry code recognized and published by the 367 United States Office of Management and Budget, if available; 368 (V)A description of the clients primary business activity 369 in order to verify or assign an industry code; 370 (VI)The address of the physical location; 371 (VII)The number of full-time and part-time employees who 372 worked during, or received pay that was subject to reemployment 373 assistance taxes for, the pay period including the 12th of the 374 month for each month of the quarter; 375 (VIII)The total wages subject to reemployment assistance 376 taxes paid during the calendar quarter; 377 (IX)An internal identification code to uniquely identify 378 each establishment of each client; 379 (X)The month and year that the client entered into the 380 contract for services; and 381 (XI)The month and year that the client terminated the 382 contract for services. 383 c.The report must be submitted electronically or in a 384 manner otherwise prescribed by the Department of Economic 385 Opportunity in the format specified by the Bureau of Labor 386 Statistics of the United States Department of Labor for its 387 Multiple Worksite Report for Professional Employer 388 Organizations. The report must be provided quarterly to the 389 Labor Market Statistics Center within the department, or as 390 otherwise directed by the department, and must be filed by the 391 last day of the month immediately after the end of the calendar 392 quarter. The information required in sub-sub-subparagraphs b.(X) 393 and (XI) need be provided only in the quarter in which the 394 contract to which it relates was entered into or terminated. The 395 sum of the employment data and the sum of the wage data in this 396 report must match the employment and wages reported in the 397 reemployment assistance quarterly tax and wage report. 398 d.The department shall adopt rules as necessary to 399 administer this subparagraph, and may administer, collect, 400 enforce, and waive the penalty imposed by s. 443.141(1)(b) for 401 the report required by this subparagraph. 402 e.For the purposes of this subparagraph, the term 403 establishment means any location where business is conducted 404 or where services or industrial operations are performed. 405 3.An individual other than an individual who is an 406 employee under subparagraph 1. or subparagraph 2., who performs 407 services for remuneration for any person: 408 a.As an agent-driver or commission-driver engaged in 409 distributing meat products, vegetable products, fruit products, 410 bakery products, beverages other than milk, or laundry or 411 drycleaning services for his or her principal. 412 b.As a traveling or city salesperson engaged on a full 413 time basis in the solicitation on behalf of, and the 414 transmission to, his or her principal of orders from 415 wholesalers, retailers, contractors, or operators of hotels, 416 restaurants, or other similar establishments for merchandise for 417 resale or supplies for use in the business operations. This sub 418 subparagraph does not apply to an agent-driver or a commission 419 driver and does not apply to sideline sales activities performed 420 on behalf of a person other than the salespersons principal. 421 4.The services described in subparagraph 3. are employment 422 subject to this chapter only if: 423 a.The contract of service contemplates that substantially 424 all of the services are to be performed personally by the 425 individual; 426 b.The individual does not have a substantial investment in 427 facilities used in connection with the services, other than 428 facilities used for transportation; and 429 c.The services are not in the nature of a single 430 transaction that is not part of a continuing relationship with 431 the person for whom the services are performed. 432 (13)The following are exempt from coverage under this 433 chapter: 434 (f)Service performed in the employ of a public employer as 435 defined in s. 443.036, except as provided in subsection (2), and 436 service performed in the employ of an instrumentality of a 437 public employer as described in s. 443.036(36)(b) or (c) s. 438 443.036(35)(b) or (c), to the extent that the instrumentality is 439 immune under the United States Constitution from the tax imposed 440 by s. 3301 of the Internal Revenue Code for that service. 441 Section 7.Paragraph (g) of subsection (3) of section 442 443.131, Florida Statutes, is amended to read: 443 443.131Contributions. 444 (3)VARIATION OF CONTRIBUTION RATES BASED ON BENEFIT 445 EXPERIENCE. 446 (g)Transfer of employment records. 447 1.For the purposes of this subsection, two or more 448 employers who are parties to a transfer of business or the 449 subject of a merger, consolidation, or other form of 450 reorganization, effecting a change in legal identity or form, 451 are deemed a single employer and are considered to be one 452 employer with a continuous employment record if the tax 453 collection service provider finds that the successor employer 454 continues to carry on the employing enterprises of all of the 455 predecessor employers and that the successor employer has paid 456 all contributions required of and due from all of the 457 predecessor employers and has assumed liability for all 458 contributions that may become due from all of the predecessor 459 employers. In addition, an employer may not be considered a 460 successor under this subparagraph if the employer purchases a 461 company with a lower rate into which employees with job 462 functions unrelated to the business endeavors of the predecessor 463 are transferred for the purpose of acquiring the low rate and 464 avoiding payment of contributions. As used in this paragraph, 465 notwithstanding s. 443.036(15) s. 443.036(14), the term 466 contributions means all indebtedness to the tax collection 467 service provider, including, but not limited to, interest, 468 penalty, collection fee, and service fee. A successor employer 469 must accept the transfer of all of the predecessor employers 470 employment records within 30 days after the date of the official 471 notification of liability by succession. If a predecessor 472 employer has unpaid contributions or outstanding quarterly 473 reports, the successor employer must pay the total amount with 474 certified funds within 30 days after the date of the notice 475 listing the total amount due. After the total indebtedness is 476 paid, the tax collection service provider shall transfer the 477 employment records of all of the predecessor employers to the 478 successor employers employment record. The tax collection 479 service provider shall determine the contribution rate of the 480 combined successor and predecessor employers upon the transfer 481 of the employment records, as prescribed by rule, in order to 482 calculate any change in the contribution rate resulting from the 483 transfer of the employment records. 484 2.Regardless of whether a predecessor employers 485 employment record is transferred to a successor employer under 486 this paragraph, the tax collection service provider shall treat 487 the predecessor employer, if he or she subsequently employs 488 individuals, as an employer without a previous employment record 489 or, if his or her coverage is terminated under s. 443.121, as a 490 new employing unit. 491 3.The state agency providing reemployment assistance tax 492 collection services may adopt rules governing the partial 493 transfer of experience rating when an employer transfers an 494 identifiable and segregable portion of his or her payrolls and 495 business to a successor employing unit. As a condition of each 496 partial transfer, these rules must require the following to be 497 filed with the tax collection service provider: an application 498 by the successor employing unit, an agreement by the predecessor 499 employer, and the evidence required by the tax collection 500 service provider to show the benefit experience and payrolls 501 attributable to the transferred portion through the date of the 502 transfer. These rules must provide that the successor employing 503 unit, if not an employer subject to this chapter, becomes an 504 employer as of the date of the transfer and that the transferred 505 portion of the predecessor employers employment record is 506 removed from the employment record of the predecessor employer. 507 For each calendar year after the date of the transfer of the 508 employment record in the records of the tax collection service 509 provider, the service provider shall compute the contribution 510 rate payable by the successor employer or employing unit based 511 on his or her employment record, combined with the transferred 512 portion of the predecessor employers employment record. These 513 rules may also prescribe what contribution rates are payable by 514 the predecessor and successor employers for the period between 515 the date of the transfer of the transferred portion of the 516 predecessor employers employment record in the records of the 517 tax collection service provider and the first day of the next 518 calendar year. 519 4.This paragraph does not apply to an employee leasing 520 company and client contractual agreement as defined in s. 521 443.036, except as provided in s. 443.1216(1)(a)2.a. The tax 522 collection service provider shall, if the contractual agreement 523 is terminated or the employee leasing company fails to submit 524 reports or pay contributions as required by the service 525 provider, treat the client as a new employer without previous 526 employment record unless the client is otherwise eligible for a 527 variation from the standard rate. 528 Section 8.For the purpose of incorporating the amendments 529 made by this act to section 443.111, Florida Statutes, in a 530 reference thereto, paragraph (b) of subsection (2) of section 531 443.041, Florida Statutes, is reenacted to read: 532 443.041Waiver of rights; fees; privileged communications. 533 (2)FEES. 534 (b)An attorney at law representing a claimant for benefits 535 in any district court of appeal of this state or in the Supreme 536 Court of Florida is entitled to counsel fees payable by the 537 department as set by the court if the petition for review or 538 appeal is initiated by the claimant and results in a decision 539 awarding more benefits than provided in the decision from which 540 appeal was taken. The amount of the fee may not exceed 50 541 percent of the total amount of regular benefits permitted under 542 s. 443.111(5)(b) during the benefit year. 543 Section 9.For the purpose of incorporating the amendments 544 made by this act to section 443.111, Florida Statutes, in 545 references thereto, subsections (6) and (7) and paragraph (a) of 546 subsection (8) of section 443.1116, Florida Statutes, are 547 reenacted to read: 548 443.1116Short-time compensation. 549 (6)WEEKLY SHORT-TIME COMPENSATION BENEFIT AMOUNT.The 550 weekly short-time compensation benefit amount payable to an 551 individual is equal to the product of her or his weekly benefit 552 amount as provided in s. 443.111(3) and the ratio of the number 553 of normal weekly hours of work for which the employer would not 554 compensate the individual to the individuals normal weekly 555 hours of work. The benefit amount, if not a multiple of $1, is 556 rounded downward to the next lower multiple of $1. 557 (7)TOTAL SHORT-TIME COMPENSATION BENEFIT AMOUNT.An 558 individual may not be paid benefits under this section in any 559 benefit year for more than the maximum entitlement provided in 560 s. 443.111(5), and an individual may not be paid short-time 561 compensation benefits for more than 26 weeks in any benefit 562 year. 563 (8)EFFECT OF SHORT-TIME COMPENSATION BENEFITS RELATING TO 564 THE PAYMENT OF REGULAR AND EXTENDED BENEFITS. 565 (a)The short-time compensation benefits paid to an 566 individual shall be deducted from the total benefit amount 567 established for that individual in s. 443.111(5). 568 Section 10.This act shall take effect July 1, 2022.