Procedural rules for workers' compensation claims resolution 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. Since Sections 440....

 

DEPARTMENT OF MANAGEMENT SERVICES
Division of Administrative Hearings

RULE NO: RULE TITLE
60Q-6.101: Scope
60Q-6.102: Definitions
60Q-6.103: Pleadings and Proposed Orders
60Q-6.104: Representation and Appearance of Counsel
60Q-6.105: Commencing a Case; Subsequent Petitions
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-6.111: Authority and Duties of Mediator
60Q-6.113: Pretrial Procedure
60Q-6.114: Discovery
60Q-6.115: Motion Practice
60Q-6.116: Prosecution of Claim and Petition for Benefits
60Q-6.117: Emergency Conferences
60Q-6.118: Expedited Hearings
60Q-6.119: Abbreviated Final Orders
60Q-6.120: Summary Final Order
60Q-6.121: Evidence
60Q-6.122: Motion for Re-hearing
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-6.127: Procedure for Relief from Appellate Filing Fee and Costs
60Q-6.128: Destruction of Obsolete Records
PURPOSE AND EFFECT: Procedural rules for workers' compensation claims resolution 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. 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, provide for confidentiality of exempt information, provide for electronic filing, revise motion practice, prohibit the filing of unnecessary documents, clarify summary final order procedures, specifically detail the contents of settlement agreements, and provide for the destruction of obsolete records, with a resulting more efficient and self-executing adjudicatory process.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 61.14(8)(a), 440.25(4)(h) (i), 440.44(7), 440.45(1)(a), (4) FS.
LAW IMPLEMENTED: 61.14(8)(a), 440.192(1), 440.20(11), 440.25(1)-(4), 440.271, 440.29(2), 440.30, 440.32, 440.33(1), 440.34, 440.345, 440.44(7), 440.45(1)(a), (4), (5) FS.
A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:
TIME AND DATE: Wednesday, August 16, 2006, 8:00 a.m.
PLACE: Grand Ballrooms 1 and 2, Convention Level, Marriott World Center, 8701 World Center Drive, Orlando, Florida 32821
DATE AND TIME: Friday, August 25, 2006, 10:30 a.m.
PLACE: Room E-112F, Florida Community College of Jacksonville, 3939 Roosevelt Boulevard, Jacksonville, FL 32205
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Administrative Law Judge Linda M. Rigot, Division of Administrative Hearings, The DeSoto Building, 1230 Apalachee Parkway, Tallahassee, FL 32399-3060, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

60Q-6.101 Scope.

These rules of procedure apply in all workers’ compensation proceedings before the judges of compensation claims and replace workers’ compensation rules of procedure 4.010 through 4.900 and all forms referenced therein.

Specific Authority 440.45(1)(a), (4) FS. Law Implemented 440.45(1)(a), (4) FS. History–New 2-23-03, Amended________.

 

60Q-6.102 Definitions.

(1) through (2) No change.

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

(4) through (9) No change.

(10) “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 stipulation changing the issues pending in a case, or a notice any document seeking relief under Chapter 440, Florida Statutes.

Specific Authority 440.45(1)(a), (4) FS. Law Implemented 440.192(1), 440.45(1)(a), (4) FS. History–New 2-23-03, Amended_________.

 

60Q-6.103 Pleadings and Proposed Orders.

(1) No change.

(2) Exempt information.  Except for the employee's social security number or equivalent on petitions for benefits and responses thereto, no pleading shall contain information exempt from public records disclosure.  Exempt information shall be supplied in connection with a pleading only to the extent it is necessary to the judge's determination of disputed matters or required by Florida Statutes and shall be appended to a pleading in a separate document conspicuously marked "Exempt Information".

(3)(2) All pleadings filed in paper form shall contain in the bottom 1 1/2 inches of each page only the following:  "OJCC Case #" followed by the case number, "Bar #" followed by The Florida Bar number of the attorney or the word "none" if the party is not represented, "pleading #" followed by the title of the pleading, and "page #" followed by the page number, and "of #" followed by the number of pages of the pleading.

(4)(3) Proposed Orders.  Except as provided in Rule 60Q-6.115(3), proposed orders shall not be submitted unless requested by the judge, and shall be accompanied by pre-addressed, postage-paid envelopes.  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 the motion request for the order.  Proposed orders shall not be filed.

Specific Authority 440.45(1)(a), (4) FS. Law Implemented 440.192(1), 440.45(1)(a), (4) FS. History–New 2-23-03, Amended________.

 

60Q-6.104 Representation and Appearance of Counsel.

(1) Appearance of Counsel.  An attorney who files a petition or claim on behalf of a party has entered an appearance and shall be deemed the party's attorney of record.  All other attorneys appearing for a party in an existing case shall file promptly with the OJCC and the judge a notice of appearance and serve copies on all other parties or, if represented, their attorneys of record.  The notice of appearance shall include the style of the proceeding; the case number; the name of the party on whose behalf the attorney is appearing; and the name, mailing address, telephone number, and Florida Bar number of the attorney.

(2) Substitution or Withdrawal of Counsel.  During the pendency of any issues before the judge, aAn attorney of record remains the attorney of record until either:

(a) A stipulation for substitution has been filed with the OJCC and the judge and served on all other parties or, if represented, their attorneys of record; or

(b) No change.

Specific Authority 440.45(1)(a), (4) FS. Law Implemented 440.45(1)(a), (4) FS. History–New 2-23-03, Amended________.

 

60Q-6.105 Commencing A Case; Subsequent Petitions.

(1) An employee or claimant seeking an award of benefits party commences a new case by filing a petition for benefits pursuant to Section 440.192, Florida Statutes, when there is not an existing case pertaining to the same employee claimant and date of accident.

(2) When the employee claimant and date of accident are the same as in an existing case, any subsequent petition for benefits or claim relating to that employee claimant and date of accident shall be filed in the existing case.

(3) No change.

(4) An employee or claimant who asserts he or she cannot provide a social security number or who asserts a legal basis for refusing to provide one shall file a verified motion for assignment of substitute identification number along with the initial petition or request for assignment of case number. All petitions, whether initial or subsequent, shall contain all known claims which are ripe, due, and owing on the date the petition is filed.

(5) No change.

Specific Authority 440.45(1)(a), (4) FS. Law Implemented 440.192, 440.45(1)(a), (4) FS. History–New 2-23-03, Amended________.

 

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, with any pending petition for the purpose of a hearing or for any other purpose.

(2) Any motion to consolidate cases belonging in the same venue shall be filed in only the lowest-numbered case sought to be consolidated and shall be resolved by the judge to whom that case is assigned.

(3) Any motion to consolidate cases belonging in different venues shall be filed in the case assigned to the judge being asked to transfer the case to the other venue and shall contain the signatures of all parties, or, if represented, their attorneys of record.

(4) through (6) renumbered (3) through (5) No change.

Specific 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________.

 

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

(1) No change.

(2) A petition may only be amended by stipulation of the parties or by order of the judge, except that changes of addresses or phone numbers of parties or, if represented, their attorneys of record can be accomplished by filing a notice of change with the assigned judge.

Specific Authority 440.45(1)(a), (4) FS. Law Implemented 440.192, 440.45(1)(a), (4) FS. History–New 2-23-03, Amended________.

 

60Q-6.108 Filing and Service.

(1) Filing.

(a) All petitions, amended petitions, responses to petitions, and requests for assignment of case number and initial pleadings relating thereto, and other documents identified by the deputy chief judge by order shall be filed with the OJCC.  Except as otherwise provided in these rules, all motions, notices, pleadings, voluntary dismissals, any stipulations changing the issues pending in the case, or other documents shall be filed only with the judge.

(b) No change.

(c) Filing by electronic transmission is complete when the filing party receives an electronic acknowledgement of receipt.

(c)(d) No change.

(d)(e) No change.

(e)(f) Any document, whether filed by electronic or other means, received by the OJCC or the judge after 5:00 p.m. shall be deemed filed as of 8:00 a.m. on the next regular business day.

(f) Any attorney, party, or other person who elects to file 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.

(2) through (6) No change.

Specific Authority 440.45(1)(a), (4) FS. Law Implemented 440.192, 440.45(1)(a), (4) FS. History–New 2-23-03, Amended________.

 

60Q-6.110 Mediation, Generally.

(1) All petitions and claims pending at the time a mediation conference is held are deemed consolidated and will be mediated at that conference unless the judge orders otherwise.

(2) After state mediation has been scheduled, pParties who have agreed to private mediation or to re-schedule private mediation shall file with the judge at least 30 days prior to any the scheduled state mediation conference a notice substituting private mediation for state mediation or re-scheduling private mediation.  The notice shall include the name of the private mediator, along with the date and time of the state and private mediations and shall state that the private mediation meets the statutory deadline, unless the deadline is waived by all parties.

(3) through (6) No change.

(7) Immediately following the conclusion of the mediation conference, the mediator, whether state, adjunct, or private, shall prepare a report stating which whether any of the issues or claims in dispute are resolved and which remain unresolved, and whether the parties completed a pretrial stipulation.  The report shall identify by filing date each petition mediated.  The claimant shall file with the judge within five days of the mediation conference the mediator’s report and mediation settlement agreement, if any, together with any pretrial stipulation executed by the parties.  If the parties reached a settlement agreement, it shall be filed with the judge for approval only if the judge's approval is required by statute.

Specific 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________.

 

60Q-6.111 Authority and Duties of Mediator.

(1) Authority of Mediator.

(a) through (b) No change.

(c) The mediator shall have discretion to allow any party 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 5 days prior to the mediation conference.

(2) Duties of Mediator. The mediator shall inform the parties at the beginning of the mediation conference:

(a) through (f) No change.

(g) that any agreement reached at the mediation conference will be by mutual consent of the parties, reduced to writing, and may be subject to the approval of the presiding judge if required by statute; and

(h) No change.

(3) through (4) No change.

Specific 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________.

 

60Q-6.113 Pretrial Procedure.

(1) No change.

(2) In pretrial stipulations and aAt any pretrial hearing conference necessitated by the failure of the parties to complete a pretrial stipulation at the mediation conference, the parties shall:

(a) State and simplify the issues including bifurcation of compensability;

(b) Stipulate to such facts and the admissibility of documentarys evidence as will avoid unnecessary proof;

(c) through (f) No change.

(3) Where mediation has been waived by the 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 before the final hearing.

(4) Witness lists, exhibit lists, supplements, and amendments served, and exhibits exchanged less than 30 days before the final hearing must be approved by the judge or stipulated to by the parties.

(5) No change.

Specific 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________.

 

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 invoking the jurisdiction of the judge.

(2)(1) Depositions.

(a) No change.

(b) Approval of the judge is not necessary to take a deposition by telephone.  If a deposition is taken by telephone, the oath shall be administered in the physical presence of the witness by a notary public or other person authorized by law to administer oaths, unless the physical presence is waived by all the parties.

(3)(2) No change.

(4)(3) No change.

(4) Surveillance.  Any evidence in the nature of surveillance is subject to discovery when it will be used at the final hearing provided the party intending to use the evidence is first given a reasonable opportunity to depose the party or witness who is the subject of the surveillance.

(5) No change.

Specific 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________.

 

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 a 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.

(2) Except for motions to dismiss for lack of prosecution, pPrior to filing any motion, the movant shall personally confer with the opposing party or parties or, if represented, their attorneys of record to attempt to amicably resolve the subject matter of the motion.  All motions shall include a statement that the movant has personally conferred or has used good-faith efforts to confer with all other parties or, if represented, their attorneys of record and shall state whether any party has an objection to the motion.

(3) A motion which is unopposed shall state why an order is necessary to execute the parties' agreement and, unless filed electronically, shall be accompanied by a proposed order which has a title describing the action being taken.  The motion and proposed order shall specify the relief being requested or ordered in reasonable detail and not merely by reference to any other document.

(3) If the motion cannot be amicably resolved, does not require the taking of evidence, and does not require more than ten minutes to argue, the movant shall notice the motion to be heard on the judge's motion calendar.  The movant shall coordinate the motion hearing with the other parties or, if represented, their attorneys of record but not with the judge’s office.  The motion shall be served at that time; however, the motion shall not be filed with the judge until three days before the motion calendar on which it has been set.  No written response to the motion is necessary.  The movant shall bring to the motion calendar a proposed order, which allows the judge to mark that the motion is granted or denied, together with stamped envelopes for mailing the order to the parties.

(4) If the motion has For other motions which have not been amicably resolved, the movant shall file the motion, which shall include a statement as to whether a hearing on the motion is necessary and, if so, the basis for requesting a hearing.  The other parties may, within ten seven days of service of the written motion, file a response in opposition, which shall include a statement as to whether a hearing on the motion is necessary and, if so, the basis for requesting a hearing.  The judge may dispose of Unless the judge determines that a hearing is necessary based upon the statements in the motion and/or response as to why a hearing is necessary, written motions will normally be disposed of without a hearing within ten days following the expiration of the time for service of a response by the other party or parties.  If no order is entered within that ten-day period, the movant shall schedule a hearing time with the opposing party or parties or, if represented, their attorneys of record.  If no hearing is scheduled within fourteen days following that ten-day period, the request for a hearing is deemed withdrawn.  Motion hearings may be conducted either in person or telephonically as the judge deems necessary.

(5) through (6) No change.

Specific 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__________.

 

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

(1) through (2) No change.

(3) The judge may conduct any proceedings by telephone conference.  Testimony may be taken by telephone with the agreement of all parties or and approval by the judge.

(4) In the event that testimony is taken by telephone, the oath shall be administered in the physical presence of the witness by a notary public or officer authorized to administer oaths unless the physical presence of the notary public or officer is waived by the parties.

(5) No change.

(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.

(7) At least two full 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 a party intends to offer into evidence shall be filed with the memorandum.

Specific 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_________.

 

60Q-6.117 Emergency Conferences.

(1) A written request for an emergency conference shall be filed with the judge and served 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 and attached.

(2) After reviewing the merits of the request, the judge may summarily enter an order denying the request for an emergency conference or, after proper notice, conduct an evidentiary hearing to consider the request.

Specific 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 _________.

 

60Q-6.118 Expedited Hearings.

(1) Scope. This rule applies in those cases deemed by the judge appropriate for required to be expedited hearing pursuant to statute or by agreement of the parties.

(2) No change.

(3) No mediation conference and pretrial hearing shall be held unless requested in writing by a party within 10 days of service of the notice of expedited hearing.

(4)(3) No change.

Specific 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_________.

 

60Q-6.119 Abbreviated Final Orders.

In cases in which compensability is not disputed, Aany party may request within ten days from the date of an abbreviated final order that an the abbreviated final order be vacated and that a final compensation order containing separate findings of fact and conclusions of law be entered.  The request shall be made by motion and shall be filed within 10 days of the date of the abbreviated final order sought to be vacated.

Specific 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_________.

 

60Q-6.120 Summary Final Order.

(1) The judge may enter a summary final order when such an order would be dispositive of the issues raised by the subject petition.  Issues that would be dispositive include, but are not limited to, are whether there is coverage, whether the statute of limitations has run, whether the accident or occupational disease is compensable, whether the claim is barred by res judicata or a prior settlement, whether the judge has jurisdiction over the subject matter, whether the benefit sought has been paid, and whether the alleged employee is an independent contractor.

(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 30 days prior to a scheduled final hearing.

(3) The opposing party shall file a response to motion for summary final order together with supporting depositions, affidavits and/or other documents within 30 days of service of the motion for summary final order.  The judge shall grant an extension for good cause shown.

(4)(3) When a motion for summary final order is denied, the judge shall impose sanctions pursuant to Rule 60Q-6.125(5) (4) and (6) (5) if the judge determines that the motion violates subsection 60Q-6.125(2)(1), F.A.C.

(5)(4) No change.

Specific 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__________.

 

60Q-6.121 Evidence.

(1) No change.

(2) An objection to the admissibility of evidence not ruled on by the judge is deemed adverse to the party making the objection.

(2) through (4) renumbered (3) through (5) No change.

Specific Authority 440.45(1)(a), (4) FS. Law Implemented 440.45(1)(a), (4) FS. History–New 2-23-03, Amended_______.

 

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

(1) No change.

(2) The motion shall be limited to the following reasons:

(a) to call attention to typographical or technical errors;

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

(b)(c) No change.

(3) No change.

(4) Abbreviated final orders are not subject to a motion for re-hearing.

(5) A judge, on the judge's own initiative or on the motion of any party, may vacate or amend an order not yet final to correct clerical or technical errors, or where due consideration of a motion for re-hearing cannot be made before the order becomes final.

Specific Authority 440.45(1)(a), (4) FS. Law Implemented 440.45(1)(a), (4) FS. History–New 2-23-03, Amended_________.

 

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

(1) Settlements under Section 440.20(11)(a) or (b), F.S., involving unrepresented claimants.

(a) When a joint petition signed by the all parties is filed pursuant to Section 440.20(11)(a) or (b), it shall be accompanied by:

1. The settlement stipulation executed by the all attorneys of record and the employee or claimant;

2. A copy of any prior joint petition and order if indemnity benefits were previously settled, or, if unavailable, an affidavit from the claimant that indemnity was previously settled;

3. No change.

4. The employee's current work status and other sources of income, if not addressed in the joint stipulation social security disability, and, if any, monthly benefit amounts;

5. documentation establishing overall physical maximum medical improvement and psychiatric maximum medical improvement, if either is applicable;

6. when an estimate of future medical needs is not included, a statement that the parties elect to settle without this information;

5.7. A status statement letter from the Department of Revenue and a status statement from or the Clerk of the Circuit and County Courts, Central Depository, as to whether the claimant has or owes any child support arrearage or owes past due support, and, if so, the amount thereof;

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

7.8. A letter from counsel stating that the carrier will issue a check in the amount of the arrearage and/or past due 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;

8.9. Any other documents evidence in the possession of the parties or and their attorneys, including any prior attorney's fee lien, that is material to the disposition of the settlement;

9.10. No change.

10.11. 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 documentation of the permanent impairment rating, 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 440.20(11)(c), (d), and (e), F.S.

(a) When a motion for approval of attorney's fees and child support allocation is filed pursuant to Section 440.20(11)(c), (d), or (e), F.S., it shall be signed by the claimant and the claimant's attorney, furnished to all other parties, and contain be accompanied by:

1. A statement that the parties have reached a total settlement of the case;

2. The total monetary amount of the settlement payable by the employer/carrier;

3. The amount of attorney's fees and costs agreed to and payable by the claimant pursuant to the contract of representation and the net settlement proceeds to be disbursed to the claimant;

4. The amount of child support arrearages, if any, owed by the claimant, together with the amount of child support allocation the claimant requests be deducted from the settlement proceeds, after fees and costs, and remitted to the appropriate child support depository;

5.1. An attorney's fee data sheet setting forth the benefits obtained by claimant's counsel and the value of those benefits sufficient information to justify the amount of the attorney's fee and setting forth the benefits obtained by the claimant's attorney, 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 factors forming the basis for the variance if the claimant's attorney seeks an attorney's fee in excess of the statutory percentage fee; and

6.2. A status statement letter from the Department of Revenue and a status statement from or the Clerk of the Circuit and County Courts, Central Depository, as to whether the claimant has an arrearage or owes past due child support and, if so, the amount thereof, 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.

(b) No change.

(3) Settlement approval when more than one current support order exists. When more than one current support order exists, the judge may approve a proposed settlement only if it provides for an equitable share of settlement proceeds.

Specific Authority 61.14(8)(a), 440.45(1)(a), (4) FS. Law Implemented 61.14(8)(a), 440.20(11), 440.345, 440.45(1)(a), (4), (5) FS. History–New 2-23-03, Amended_________.

 

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

(1) Payment of Undisputed Attorney's Fees and Costs by Claimant.  The claimant and his or her attorney may jointly move for the judge to approve the payment of an attorney's fee and reimbursement of costs. The motion shall be served on all parties and include a statement that claimant's counsel has not previously secured or received a fee on the benefits for which a fee is now being sought, the claimant's signature, and an attorney's fee data sheet setting forth the benefits secured by claimant's counsel and the value of the benefits. If claimant's counsel is seeking payment of a fee from the claimant which exceeds the statutory fee, counsel must submit an affidavit establishing the basis for approval of the fee.

(2) Payment of Undisputed Attorney's Fees and Costs by Employer/Carrier/Servicing Agent. The employee and the employer/carrier/servicing agent may stipulate to the payment of attorney's fees and costs. The stipulation submitted for the judge's approval shall be accompanied by an attorney's fee data sheet.  If claimant's counsel is seeking payment of a fee from the employer/carrier which exceeds the statutory fee, counsel must submit an affidavit establishing the basis for approval of the fee.  The claimant must be provided with notice of sign any stipulation providing for an employer/carrier-paid attorney's fee.

(3) Payment of Disputed Attorney's Fees and Costs.

(a) Any motion for attorney's fees and costs shall be filed, under oath, and shall include:

1. through 3. No change.

4. the statutory fee based on the benefit secured,

5.4. a detailed chronological listing of all time devoted to the claim, if applicable, and

6.5. No change.

(b) Within 30 20 days after the motion is served, the opposing party or parties shall file a response to the motion, which includes a detailed recitation of all matters which are disputed in the form outlined in subsection 3(a)1-6.  Failure to file a timely and specific full response to a motion for attorney's fees and costs shall, absent good cause, may result in acceptance of the allegations in the motion as true, imposition of sanctions, or both.

(c) through (d) No change.

(e) The Statewide Uniform Guidelines for Taxation of Costs in Civil Actions shall be considered by the judge in determining the reasonableness of an award of cost reimbursement.

(4) No later than October 1 of each year, all self-insurers, third-party administrators, and carriers shall report by electronic transmission to the OJCC the amount of all attorney's fees paid to their defense attorneys in connection with workers' compensation claims during the prior July 1 through June 30 fiscal year.

Specific 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________.

 

60Q-6.125 Sanctions.

(1) Generally. Failure to comply with the provisions of these rules or any order of the judge may subject a party or attorney to one or more of the following sanctions: striking of claims, petitions, defenses, or pleadings; imposition of costs or attorney's fees; or such other sanctions as the judge may deem appropriate.

(2)(1) Representations to the Judge. By filing a pleading or other document or presenting argument 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;

(d) the denials of factual contentions are true and warranted on the evidence or, if specifically so identified, are reasonably based on a lack of information or belief.

(3)(2) Determination of Violation. If, after notice and a reasonable opportunity to respond, the judge determines that subsection (2)(1) has been violated, the judge may impose an appropriate sanction.

(4)(3) How Initiated.

(a) A motion for sanctions under this rule shall be made separately from other motions or requests and shall describe the specific conduct alleged to violate subsection (2)(1). It shall be served but shall not be filed with or presented to the judge unless the challenged paper, claim, defense, allegation, or denial is not withdrawn or appropriately corrected within 21 days after service of the motion. If warranted, the judge may award to the party prevailing on the motion the cost of the proceeding and attorney's fees incurred in presenting or opposing the motion.

(b) On his or her own initiative, the judge may enter an order describing the specific conduct that appears to violate subsection (2)(1) and directing an attorney or party to show cause why sanctions should not be imposed.

(5)(4) Nature of Sanctions.

(a) No change.

(b) Monetary sanctions may not be awarded against a represented party for a violation of subsection (2)(1)(b).

(6)(5) No change.

Specific 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_________.

 

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 of indigency shall be in accordance with Fla. R. App. P. 9.180.

Specific Authority 440.45(1)(a), (4) FS. Law Implemented 440.271 FS. History–New_________.

 

60Q-6.128 Destruction Of Obsolete Records.

(1) All case files that have been closed and inactive for a period of two years are declared to be obsolete and may be destroyed. Designated personnel of the OJCC shall be responsible for the destruction of obsolete records and reports in accordance with applicable statutes and administrative rules.

(2) Recordings of hearings held before a judge shall become obsolete two years subsequent to the date of the hearing.

(3) Any forms, documents, reports or other records filed where this rule chapter specifically provides that filing is not required or requested shall be destroyed by the judge's office upon filing.

Specific Authority 440.44(7), 440.45(1)(a), (4) FS. Law Implemented 440.44(7) FS. History–New ________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Judge Linda M. Rigot
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Director and Chief Judge Robert S. Cohen and Deputy Chief Judge of Compensation Claims David W. Langham
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 20, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 14, 2006