Procedural rules for adjudication of workers' compensation claims were implemented on implemented on February 23, 2003, pursuant to the mandate in section 440.45, Florida Statutes, that the Division of Administrative Hearings adopt procedural rules. ...

 

DEPARTMENT OF MANAGEMENT SERVICES
Division of Administrative Hearings

RULE NO.: RULE TITLE:
60Q-6.102: Definitions
60Q-6.103: Pleadings and Proposed Orders
60Q-6.104: Representation and Appearance of Counsel
60Q-6.106: Consolidation and Venue
60Q-6.107: Amendment and Dismissal of Petition for Benefits
60Q-6.108: Filing and Service
60Q-6.110: Mediation, Generally
60Q-6.113: Pretrial Procedure
60Q-6.114: Discovery
60Q-6.115: Motion Practice
60Q-6.116: Prosecution of Claims and Petitions for Benefits
60Q-6.117: Emergency Conferences
60Q-6.118: Expedited Hearings
60Q-6.120: Summary Final Order
60Q-6.122: Motion for Re-hearing and Amending or Vacating Order
60Q-6.123: Settlements Under Section 440.20(11), Florida Statutes
60Q-6.124: Payment of Attorney's Fees and Costs Other Than Pursuant to Section 440.20(11), Florida Statutes
60Q-6.125: Sanctions
60Q-6.126: Disqualification or Recusal of Judges
60Q-6.127: Procedure for Relief from Appellate Filing Fee and Costs

PURPOSE AND EFFECT: Procedural rules for adjudication of workers’ compensation claims were implemented on February 23, 2003, pursuant to the mandate in Section 440.45, Florida Statutes, that the Division of Administrative Hearings adopt procedural rules. Amendments to the rules have previously been made in 2006 and 2010. Since Sections 440.015 and 440.44(2), Florida Statutes, require that the workers' compensation system be efficient and self-executing and that the Division of Administrative Hearings assume an active and forceful role in achieving that goal, it is necessary to amend the existing rules to conform with subsequent statutory changes and to incorporate changes that will improve the adjudicatory process based upon experience in utilizing the existing rules.

SUMMARY: The procedural rule revisions improve definitions, implement mandatory electronic filing, streamline the service of pleadings, promote the timely resolution of attorney’s fees and costs, discourage duplication and unnecessary filings, encourage timely orders, streamline mediation, provide for voluntary mediation, promote timely discovery and entry of discovery orders, streamline motion practice, allow JCCs to approve stipulations, and streamline the appointment of expert medical advisors, with a resulting more efficient and self-executing adjudicatory process.

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 not 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: During a six-city rule development workshop conducted via video teleconferencing on July 6, 2012, numerous participants representing business and individual interests within the workers’ compensation industry, as well as the experience of the Chief Judge and Deputy Chief Judge, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the amendments to the rules will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time or by the date the record was left open to receive comments, July 16, 2012. The proposed rule amendments will largely result in a streamlining of the workers’ compensation appeals program that should save the participating parties money when proceeding through the process.

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: 61.14(8)(a), 440.25(4)(h), 440.25(4)(i), 440.45(1)(a), 440.45(4) FS.

LAW IMPLEMENTED: 61.14(8)(a), 440.105(3)(c), 440.192, 440.20(11), 440.25(1)-(4), 440.271, 440.29(2), 440.30, 440.32, 440.33(1), 440.34, 440.345, 440.442, 440.45(1)(a), 440.45(4), 440.45(5) FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: Wednesday, August 22, 2012, 8:00 a.m. – 9:30 a.m.

PLACE: Room (TBD), Marriott World Center, 8701 World Center Drive, Orlando, Florida 32821

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least five days before the workshop/meeting by contacting: Lisa Mustain, Administrative Services Director, [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULES IS: Robert S. Cohen, Director and Chief Judge, Division of Administrative Hearings, The DeSoto Building, 1230 Apalachee Parkway, Tallahassee, Florida 32399-3060, [phone]

THE FULL TEXT OF THE PROPOSED RULES IS:

60Q-6.102 Definitions.

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

(2) through (3) No change.

(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 deputy chief judge and judges of compensation claims preside.

(5) “Electronic transmission” or “Electronic electronic filing” 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) through (9) No change.

(10) "Petition for benefits" means a pleading invoking the jurisdiction of the OJCC and subject to the requirements of Section Sections 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.

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,_________.

60Q-6.103 Pleadings and Proposed Orders.

(1) No change.

(a) Be typewritten or printed on 8 1/2" by 11" white paper, unless electronically filed by electronic transmission;

(b) through (f) No change.

(2) through (3) No change.

(4) Proposed Orders. Except as provided in Rule 60Q-6.115(3), F.A.C., proposed orders shall not be submitted unless requested by the judge. They shall be clearly identified as proposed orders and shall be sent to all other parties or, if represented, their attorneys of record prior to being submitted to the judge. Proposed orders shall be a separate document and not be included as a part of a motion.

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

60Q-6.104 Representation and Appearance of Counsel.

(1) through (2) No change.

(a) No change.

(b) A motion to substitute or to withdraw, which reflects that it has been served on the client and all other parties or, if represented, their attorneys the party’s attorney of record, is granted.

Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.45(1)(a), (4) FS. History–New 2-23-03, Amended 11-1-06, 10-31-10,_______.

60Q-6.106 Consolidation and Venue.

(1) The judge, on the judge’s own initiative or on the motion of any party, may consolidate any claims or petitions, pending before the judge for the purpose of a hearing or for any other purpose, except for a claim for reimbursement from the Special Disability Trust Fund.

(2) through (4) No change.

(5) For accidents occurring outside of the state, the Deputy Chief Judge’s deputy chief judge’s initial determination of venue may be changed by order of the assigned judge.

Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.25(4)(d), 440.45(1)(a), (4) FS. History–New 2-23-03, Amended 11-1-06, 10-31-10,_________.

60Q-6.107 Amendment and Dismissal of Petition for Benefits.

(1) A petition that does not contain the information required by Section Sections 440.192(2) through (4), F.S., shall be dismissed.

(2) through (3) No change.

(4) Upon motion by the employer or carrier, the judge may require the claimant to file a verified motion for attorney’s fees and costs and adjudicate the verified motion for attorney’s fees and costs.

Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.192, 440.25(4)(d), (i), 44.44(2), 440.45(1)(a), (4) FS. History– New 2-23-03, Amended 11-1-06, 10-31-10, _______.

60Q-6.108 Filing and Service.

(1) No change.

(a) No change.

(b) Any pleading or other paper filed in a proceeding shall be served on all other parties or, if represented, their attorneys of record at the time the document is filed. Petitions for benefits shall be served on the parties as provided in Section 440.192(1), and copies of the petitions shall be served on counsel for the opposing parties, if known, at the time the petition is filed as provided in this rule. Service shall be by electronic mail, facsimile, or U.S. mail. The use of electronic mail by parties or attorneys is approved only when the serving party or attorney uses the opposing party’s or attorney’s e-mail address registered with the OJCC, as listed in e-JCC. Electronic mail sent by the OJCC on behalf of the serving party through the e-JCC program shall be the only approved alternative to certified U.S. mail for service of petitions for benefits and responses to petitions for benefits. In the event a represented party files a pleading or other paper with the OJCC by electronic means, that party shall be required to serve the other party or parties, or their designated representative, with a copy of that pleading or paper simultaneously by electronic means, if available.

(c) The following documents shall not be filed with the OJCC unless relevant to an issue to be heard and not more than 10 ten days but at least two days before the scheduled hearing: requests or notices to produce and objections or responses thereto, deposition transcripts, correspondence between counsel or parties, correspondence to the judge or the judge’s staff, subpoenas and returns of service.

(d) Except for filing using e-JCC, electronic mail or facsimile transmission of documents to the judge shall be used only when the judge authorizes such use for that document; otherwise, the document will not be considered.

(e) No change.

(f) Any attorney, party, or other person who electronically files any document by electronic transmission shall be responsible for any delay, disruption, interruption of the electronic signals, and readability of the document, and accepts the full risk that the document may not be properly filed as a result.

(g) through (i) No change.

(2) No change.

(a) through (c) No change.

(d) Placing the document in the U.S. United States mail, except when the original pleading or paper was filed with the OJCC by electronic means, in which case simultaneous electronic service on the other party or parties must be made, as referenced in paragraph (1)(b) above; or

(e) Transmitting the document by facsimile or by electronic transmission, including electronic mail. Service by electronic mail on a party or attorney is only effective if the serving party or attorney uses the opposing party’s or attorney’s e-mail address registered with the OJCC, as listed in e-JCC. Service of a petition for benefits or response to a petition for benefits sent by electronic mail shall be effectuated, and deemed received by the opposing party at the same time that service is effectuated, upon electronic mailing if sent by the OJCC on behalf of the serving party through the e-JCC program to the registered e-mail address of the opposing party as listed in e-JCC.

(f) All documents served by e-mail must be attached to an e-mail message containing the subject line beginning with the words “SERVICE OF OJCC DOCUMENT” in all capital letters followed by the name of the injured worker, employer, and OJCC number, if any.

(3) Service by delivery, by facsimile transmission, or by electronic mail transmission after 5:00 p.m. shall be deemed to have been made on the next day that is not a Saturday, Sunday, or legal holiday.

(4) When service is made by U.S. mail, the copy shall be mailed by United States mail, postage prepaid, to the last known address of the party or, if represented, the party’s attorney of record.

(5) Service by U.S. mail shall be complete upon mailing.

(6) When service of any pleading other than a petition is made by U.S. mail, five 5 days shall be added to the time allowed for the performance of any act required to be done, or allowed to be done, within a certain time after service.

(7) All orders shall be electronically filed with the OJCC in Tallahassee on the same day that the order is transmitted to the parties by electronic mail transmission or U.S. mail.

(8) All attorneys filing documents in workers' compensation proceedings before the OJCC shall register to use the e-JCC electronic filing system. Each such attorney shall register an e-mail address and thereby consent to receive documents from other counsel and the OJCC at that address. Each attorney shall be responsible for amending that e-mail address as necessary for it to remain current.

(9) Only attorneys, mediators, adjusters, and parties are permitted to register with the e-JCC system.

(10) The OJCC will maintain a list of all e-JCC registrants and their e-mail addresses.

(11) All self-insurers, third-party administrators, and carriers shall register a single, general delivery, e-mail address with the OJCC for receipt of all electronically served documents, including petitions for benefits. The e-JCC system will maintain a list of all registered companies, and their e-mail addresses. Each such self-insurers, third-party administrators, and carrier shall be responsible for amending that e-mail address as necessary for it to remain current.

(12) Any other party may register an e-mail address with the OJCC.

(13) The OJCC will maintain a list of all registered parties and counsel and their respective e-mail addresses.

Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.192, 440.25(1), (4)(a), (4)(c), (4)(e), 440.45(1)(a), (4) FS. History–New 2-23-03, Amended 11-1-06, 10-31-10,_________.

60Q-6.110 Mediation, Generally.

(1) through (2) No change.

(a) through (c) No change.

(d) Parties to a workers' compensation claim may jointly request voluntary mediation services from the OJCC. Such requests will be considered as individual state mediator calendars permit. Any voluntary mediation will be conducted only if all parties so stipulate. Any voluntary mediation will be governed by these rules. Failure to appear at a voluntary mediation shall not be a basis for the imposition of sanctions.

(3) No change.

(4) If the parties settle all issues, or all issues except for attorney’s fees, prior to the scheduled mediation conference, the attorney or unrepresented claimant who has filed a petition for benefits shall must file a pleading in order to cancel the corresponding mediation. The pleading must be filed prior to the scheduled mediation and shall indicate the manner in which each issue was resolved.

(5) The following persons shall attend the mediation conference: the claimant; the claims representative of the carrier/servicing agent, which representative must have full authority to settle the issues; the employer, if uninsured; the insured or self-insured employer, if the employer/servicing agent does not have full authority to settle the issues; and the attorneys for the parties. The appearance of an attorney for a party does not dispense with the required attendance of the party. No party shall appear at the mediation conference by telephone unless such appearance is approved in advance by the mediator. Any party appearing by telephone has stipulated to be bound by that party’s attorney of record’s record signature on the mediation report.

(a) The mediator shall have discretion to allow any party and/or that party’s attorney of record to appear at the mediation conference by telephone upon the party’s written request furnished to the mediator and the opposing party or, if represented, the party’s attorney of record no fewer than five 5 days prior to the mediation conference. The expense of telephonic attendance shall be borne by the person or party attending by telephone.

(b) No change.

(6) Failure to attend the mediation conference without a showing of having shown good cause, or the failure to appear at the mediation conference with full authority to resolve the issues, shall subject the party or the attorney to sanctions.

(7) No change.

Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.25(1)-(4), 440.45(1)(a), (4) FS. History–New 2-23-03, Amended 11-1-06, 10-31-10,_________.

60Q-6.113 Pretrial Procedure.

(1) No change.

(2) The parties or, if represented, their attorneys of record shall confer and complete a written pretrial stipulation and file it no later than two 2 business days before the pretrial hearing. The judge may cancel the pretrial hearing if the stipulation is timely filed. In pretrial stipulations and at any pretrial hearing, the parties shall:

(a) No change.

(b) State each party’s position regarding on the date of accident,; jurisdiction over the subject matter and over the parties,; the injuries alleged; venue,; and timely notice of the pretrial hearing and of the final hearing;

(c) No change.

(d) Identify all exhibits, including impeachment and rebuttal exhibits;

(e) through (g) No change.

(3) No change.

(4) Where mediation has been waived by the Deputy Chief Judge deputy chief judge, the parties shall file a pretrial stipulation that conforms to the requirements of subsection (2) of this rule no later than 30 days following the waiver order.

(5) through (7) No change.

Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.25(2)-(4), 440.29(2), 440.33(1), 440.45(1)(a), (4) FS. History– New 2-23-03, Amended 11-1-06, 10-31-10,_________.

60Q-6.114 Discovery.

(1) Any party may commence with discovery methods specifically authorized by statute, including depositions, issuance of subpoenas and requests for production, prior to or after invoking the jurisdiction of the judge.

(2) through (5) No change.

Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.30, 440.33(1), 440.45(1)(a), (4) FS. History–New 2-23-03, Amended 11-1-06, 10-31-10,_________.

60Q-6.115 Motion Practice.

(1) Any request for an order or for other relief shall be by motion and shall have a title describing the relief requested. The judge may treat any non-standard request for relief from an unrepresented party as a motion. All motions shall be in writing unless made on the record during a hearing and shall fully state the relief requested and the grounds relied upon. Any document referenced in any motion shall either have been filed prior to the motion or be attached to the motion.

(2) through (3) No change.

(4) If the motion has not been amicably resolved, the movant shall file the motion. When time allows, the other parties may, within 15 fifteen days of service of the written motion, file a response in opposition. Written motions may be ruled on by the judge before the expiration of the response period and provide for filing an objection to the order within 10 days of the order, or the judge shall rule will normally be disposed after the response period has expired, based on the motion, together with any supporting or opposing memoranda. The judge shall not hold hearings on motions except in exceptional circumstances and for good cause shown in the motion or response.

(5) No change.

(6) Motions to expedite discovery or the final hearing shall set forth good cause and shall be served by electronic mail, or facsimile transmission, hand delivery, or overnight delivery. Any opposition to the motion must be filed within four days from the date the motion is served.

Rulemaking Authority 440.25(4)(h), 440.45(1)(a), (4) FS. Law Implemented 440.25(4)(h), 440.45(1)(a), (4) FS. History–New 2-23-03, Amended 11-1-06, 10-31-10,_________.

60Q-6.116 Prosecution of Claims and Petitions for Benefits.

(1) No change.

(2) A claim or petition may be dismissed by the claimant or petitioner without an order by filing, or announcing on the record, a notice of voluntary dismissal at any time before the conclusion of the final hearing. Unless otherwise stated in the notice, the dismissal is without prejudice, except that a second notice of voluntary dismissal shall operate as an adjudication of denial of any claim or petition for benefits previously the subject of a voluntary dismissal.

(3) through (4) No change.

(5) Except as authorized by statute, The judge may enter an order reflecting the terms of any written stipulation or agreement between the parties only where one of the parties to the stipulation or agreement alleges that another party has failed or refused to comply with the stipulation or agreement and an order is necessary for immediate enforcement; otherwise, the parties shall not request that the judge approve a stipulation or agreement or reduce it to an order.

(6) Any attorney or unrepresented claimant who has filed a petition for benefits must file a pleading with the judge in order to cancel the corresponding final hearing. The pleading must be filed prior to the scheduled final hearing and shall indicate the manner in which each issue was resolved. Upon receipt of such cancellation pleading, the judge shall change the status of the affected petition or petitions in the OJCC database. Cases with no currently pending issues scheduled for mediation or hearing shall be reflected in the OJCC database as “inactive.” Upon changing a case status from active to inactive, the OJCC central clerk shall issue an order documenting such status change.

(7) No more than 10 days but no less than at least two business days prior to the final hearing, each party is required to file a brief memorandum consisting of a statement of relevant facts and written argument. All depositions and documentary evidence, including known impeachment and rebuttal evidence a party intends to offer into evidence, shall be filed with the memorandum. In the event of a re-scheduling or continuance, documents timely filed pursuant to this rule need not be re-filed prior to the re-scheduled or continued hearing. Documentary evidence not timely filed may be excluded from evidence, absent a written stipulation of the parties or an order extending the deadline for filing for good cause shown.

(8) Any party calling a witness in need of translation services shall be responsible to provide therefor. The OJCC will not provide translation services except in exceptional circumstances and upon written request filed with the Deputy Chief Judge deputy chief judge at least 10 ten days prior to the mediation or hearing for which such services are sought and for good cause shown.

(9) through (10) No change.

(11) Unless otherwise ordered by the judge, wWithin 10 ten days of the order appointing an expert medical advisor, the parties shall jointly submit to the appointed advisor a composite of all documents and records which the parties agree the advisor will review. Any party may move for an order to permit submission of additional or non-stipulated records.

(12) No change.

Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.25(4), 440.29(2), 440.33(1), 440.45(1)(a), (4) FS. History–New 2-23-03, Amended 11-1-06, 10-31-10,_________.

60Q-6.117 Emergency Conferences.

(1) A written request for an emergency conference shall be filed and served by electronic mail transmission or facsimile on all other parties or, if represented, their attorneys of record. It shall set forth in detail the facts giving rise to the request, its legal basis, the factual or medical basis for the claim that there is a bona fide emergency involving the health, safety, or welfare of an employee, and the specific relief sought. Any documents relied upon should be specifically referenced or attached.

(2) No change.

Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.25(4)(g), 440.45(1)(a), (4) FS. History–New 2-23-03, Amended 11-1-06, 10-31-10,_________.

60Q-6.118 Expedited Hearings.

(1) through (3) No change.

(4) Stipulated Pretrial Outline. The pretrial process will be as described in Rule 60Q-6.113, F.A.C. At least 15 days before the final hearing, a joint stipulated pretrial outline shall be filed and shall include the following:

(a) A concise statement of the nature of the controversy;

(b) A brief, general statement of each party’s position;

(c) A list of all exhibits including impeachment and rebuttal exhibits to be offered at the hearing, noting any objections thereto, and the grounds for each objection. No additional documentary evidence will be admitted at the hearing;

(d) A list of the names and addresses of all witnesses, including impeachment and rebuttal witnesses, to be called at the hearing by each party, with expert witnesses being so designated, together with a summary of the expected testimony;

(e) A concise statement of those facts which are admitted and will require no proof at hearing, together with any reservations directed to any such admission;

(f) A list of all pending motions or other matters which require action by the judge; and

(g) A composite of all documentary evidence relied upon.

(5) The trial memoranda process shall be as described in subsection 60Q-6.116(7), F.A.C.

Rulemaking Authority 440.25(4)(i), 440.45(1)(a), (4) FS. Law Implemented 440.25(4)(i), 440.45(1)(a), (4) FS. History–New 2-23-03, Amended 11-1-06, 10-31-10,_________.

60Q-6.120 Summary Final Order.

(1) No change.

(2) Any party may file a motion for a summary final order when there is no genuine issue as to any material fact and the granting of the motion would be dispositive of the issues raised by the subject petition. A summary final order shall be rendered if the judge determines from the pleadings and depositions, together with affidavits, if any, that no genuine issue as to any material fact exists and that the moving party is entitled as a matter of law to the entry of a final order. A summary final order may be rendered on the issue of entitlement to a benefit alone, although there is a genuine issue as to the amount of the benefits. No motion for summary final order may be filed less than 45 days prior to a scheduled final hearing.

(3) No change.

(4) When a motion for summary final order is denied, the judge shall impose sanctions pursuant to subsections 60Q-6.125(5) and (6), F.A.C., if the judge determines that the motion violates subsection 60Q-6.125(2), F.A.C.

(5) No change.

Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.25(4)(h), 440.45(1)(a), (4) FS. History–New 2-23-03, Amended 11-1-06, 10-31-10,_________.

60Q-6.122 Motion for Re-hearing and Amending or Vacating Order.

(1) through (2) No change.

(a) To challenge rulings that were outside the scope of the issues presented;, or

(b) No change.

(3) through (5) No change.

(6) Notwithstanding subsection 60Q-6.115(4), F.A.C., if the motion for re-hearing is directed to an appealable order, the moving party may schedule a hearing on the motion.

Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.45(1)(a), (4) FS. History–New 2-23-03, Amended 11-1-06, 10-31-10,_________.

60Q-6.123 Settlements Under Section 440.20(11), Florida Statutes.

(1) No change.

(a) No change.

1. through 4. No change.

5. A status statement from the Department of Revenue, unless such information is available to the OJCC directly, through data exchange with the Department of Revenue, and a status statement from the Clerk of the Circuit and County Courts, Central Depository, unless such information is available to the OJCC directly, through data exchange with the applicable county Clerk, from the county in which the claimant resides at the time the settlement documents are filed and the county in which the claimant resided on the date of accident as to whether the claimant has or owes any child support arrearage and, if so, the amount thereof;

6. If the claimant is not a Florida resident, or was not a Florida resident on the date of accident, the judge may require the substantial equivalent of the status statements in subparagraph (1)(a)5. from the equivalent authorities in the state or county of residence at either the time of settlement or on the date of accident;

7.6. A sworn statement by the employee that all existing child support obligations have been disclosed in the joint petition;

8.7. A letter or statement in the settlement stipulation from counsel stating that the carrier will issue a check in the amount of the arrearage or such other amount to be approved by the judge and that the check will be sent to the Department of Revenue or the Clerk of the Circuit and County Courts, Central Depository;

9.8. Any other documents in the possession of the parties or their attorneys, including any prior attorney’s fee lien, that is material to the disposition of the settlement, and a certificate from claimant’s counsel that diligent efforts have been made to identify any liens and the position of any lienholder(s) regarding settlement;

10.9. For settlements under Section 440.20(11)(a), F.S., the notice(s) of denial; and

11.10. For settlements under Section 440.20(11)(b), F.S., the required notice to the employer, a maximum medical improvement report establishing overall physical maximum medical improvement and psychiatric maximum medical improvement if the latter applies, available information concerning the need for future medical care or an explanation as to why the information cannot be reasonably obtained, and other essential medical information.

(b) through (d) No change.

(2) Settlements under Section Sections 440.20(11)(c), (d), and (e), F.S.

(a) No change.

1. through 4. No change.

5. An attorney’s fee data sheet setting forth the benefits obtained by claimant’s counsel and the value of those benefits, and, depending upon the date of accident and the type of benefit involved, if the claimant’s attorney seeks a fee in excess of the statutory percentage, an affidavit specifying the particular statutory criteria forming the basis for the variance; and

6. A status statement from the Department of Revenue, unless such information is available to the OJCC directly, through data exchange with the Department of Revenue, and a status statement from the Clerk of the Circuit and County Courts, Central Depository, unless such information is available to the OJCC directly, through data exchange with the applicable county Clerk, from the county in which the claimant resides at the time the settlement documents are filed and the county in which the claimant resided on the date of accident as to whether the claimant has an arrearage or owes past due child support and, if so, the amount thereof; a sworn statement by the employee that all existing child support obligations have been disclosed in the joint petition; and a letter from counsel stating that the carrier will issue a check in the amount of the arrearage and/or past due child support or such other amount to be approved by the judge or that claimant’s counsel will deposit the settlement proceeds in a trust account and will issue a check in the amount of the arrearage and/or past due child support or such other amount to be approved by the judge and that the check will be sent to the Department of Revenue or the Clerk of the Circuit and County Courts, Central Depository.;

7. If the claimant is not a Florida resident, or was not a Florida resident on the date of accident, the judge may require the substantial equivalent of the status statements in subparagraph (2)(a)6. from the equivalent authorities in the state or county of residence at either the time of settlement or on the date of accident; and

8. The OJCC may obtain child support arrearage data from the Florida Department of Revenue and the Clerk of the various Circuit and County Courts. The OJCC shall list the counties for which such information is available to the OJCC on the internet. For those agencies/counties listed, parties may obtain child support arrearage information through written inquiry to the OJCC.

(3)(b) No change.

(4)(3) No change.

(5)(4) The judge shall consider the disclosed costs to the extent necessary to determine conclude that they do not include the attorney’s overhead or other fees. A claim for cost reimbursement in the amount of $250 or less need not be set forth with specificity or detail.

Rulemaking Authority 61.14(8)(a), 440.45(1)(a), (4) FS. Law Implemented 61.14(8)(a), 440.105(3)(c), 440.20(11), 440.34, 440.345, 440.45(1)(a), (4), (5) FS. History–New 2-23-03, Amended 11-1-06, 10-31-10,_________.

60Q-6.124 Payment of Attorney’s Fees and Costs Other Than Pursuant to Section 440.20(11), Florida Statutes.

(1) through (2) No change.

(3) No change.

(a) Any motion for attorney’s fees/or for costs shall be verified and filed, and shall include:

1. A statement of the facts relied on in support of the motion,;

2. The statutory and legal basis relied upon,;

3. A recitation of all benefits secured for the claimant through the attorney’s efforts, including projected future benefits reduced to present valu,;

4. The statutory fee based on the benefit secured,;

5. A detailed chronological listing of all time devoted to the claim, if applicable;, and

6. No change.

(b) Within 30 days after the motion is served, the opposing party or parties shall file a verified response to the motion, which includes a detailed recitation of all matters which are disputed in the form outlined in subparagraphs (3)(a)1.-6. Failure to file a timely and specific response to a motion for attorney’s fees and costs detailing matters that are disputed shall, absent good cause, result in acceptance of the allegations in the motion as true.

(c) No change.

(d) Unless the judge orders otherwise, the parties shall exchange exhibits and written witness lists no later than 10 days before the date of the attorney’s fee and/or cost hearing.

(e) No change.

(4) Upon motion by any party, the judge may require the claimant to file a verified motion for attorney’s fees and costs and adjudicate the verified motion for attorney’s fees and costs.

(5)(4) No change.

Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.32, 440.34, 440.345, 440.45(1)(a), (4), (5) FS. History–New 2-23-03, Amended 11-1-06, 10-31-10,_________.

60Q-6.125 Sanctions.

(1) No change.

(2) Representations to the Judge. By filing a pleading or other document or presenting argument agurment before the judge at hearing, an attorney or unrepresented party is certifying to the best of that person’s knowledge, information, and belief, formed after inquiry reasonable under the circumstances, that:

(a) through (b) No change.

(c) The allegations and other factual contentions are true and have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery; and

(d) No change.

(3) through (6) No change.

Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.32, 440.33(1), (2), 440.45(1)(a), (4) FS. History–New 2-23-03, Amended 11-1-06, 10-31-10,_________.

60Q-6.126 Disqualification or Recusal of Judges.

(1) No change.

(2) Upon entry of an order of disqualification or after the voluntary recusal of a judge, the Deputy Chief Judge deputy chief judge shall re-assign the case to another judge.

Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.442, 440.45(1)(a), (4) FS. History–New 2-23-03, Amended _________.

60Q-6.127 Procedure for Relief from Appellate Filing Fee and Costs.

The procedure for relief from payment of the appellate filing fee and from the costs of the preparation of the record on appeal for the review of any order of a judge on the ground grounds of indigency shall be in accordance with Fla. R. App. P. 9.180.

Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.271 FS. History–New 11-1-06, Amended_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: David W. Langham, Deputy Chief Judge of Compensation Claims

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Robert S. Cohen, Director and Chief Judge

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 25, 2012

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June 22, 2012