Clarify reference "efiling" and adopt standard for "verified" by reference.

 

DEPARTMENT OF MANAGEMENT SERVICES

Division of Administrative Hearings

RULE NO.:RULE TITLE:

60Q-6.102Definitions

PURPOSE AND EFFECT: Clarify reference "efiling" and adopt standard for "verified" by reference.

SUMMARY: The word "efiling" is added and new paragraph (13) adopts "verified" definition from section 90.525

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein:

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 440.45(1)(a), (4) FS.

LAW IMPLEMENTED: 440.192, 440.45(1)(a), (4) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: David Langham

[e-mail], [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

60Q-6.102 DEFINITIONS Definitions.

(1) “Claim” means each assertion of a legal right or benefit under Chapter 440, F.S.

(2) “Claimant” means the person asserting a claim.

(3) “Division” means the Division of Workers’ Compensation, Department of Financial Services.

(4) “Office of the Judges of Compensation Claims” (OJCC) means the office within the Department of Management Services, Division of Administrative Hearings, where the Deputy Chief Judge and judges of compensation claims preside.

(5) “Electronic filing” (efiling) means uploaded to the appropriate case docket using the electronic judges of compensation claims’ e-filing system (e-JCC) accessed through a link on the OJCC website at www.jcc.state.fl.us.

(6) “Electronic signature” means that a graphic version of the e-JCC user’s signature or “s/” followed by the e-JCC user’s typewritten name is deemed to be the legal equivalent of the e-JCC user’s handwritten signature.

(7) “Filed” means received by the clerk of the OJCC in Tallahassee.

(8) “Judge” means a judge of compensation claims appointed pursuant to Chapter 440, F.S.

(9) “Parties” may include the petitioner, claimant, employer, carrier, servicing agent, health care provider, and division.

(10) “Petition for benefits” means a pleading invoking the jurisdiction of the OJCC and subject to the requirements of sSection 440.192(1) through (4), F.S.

(11) “Pleading” means a petition for benefits or an amended petition, a motion, a response to a petition or a motion, a voluntary dismissal, a voluntary agreement to provide benefits, a pretrial stipulation, a stipulation changing the issues pending in a case, or a notice.

(12) “Personally conferred” means communications in person, by telephone, e-mail, text messaging, or some other communication mechanism that permits an immediate, contemporaneous response.

(13) “Verified” is defined in accordance with section 92.525, F.S.

Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.192(1), 440.45(1)(a), (4) FS. History–New 2-23-03, Amended 11-1-06, 10-31-10, 10-31-12, 11-10-14. [Date].

 

NAME OF PERSON ORIGINATING PROPOSED RULE: David Langham, [e-mail], [phone].

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Peter Antonacci

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 01, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 14, 2021