Definitions, Commencing a Case; Subsequent Petitions, Consolidation and Venue, Filing and Service, Mediation, Generally, Pretrial Procedure, Prosecution of Claims and Petitions for Benefits, Motion for Re-hearing and Amending or Vacating Order, ...
DEPARTMENT OF MANAGEMENT SERVICES
Division of Administrative Hearings
RULE NOS.:RULE TITLES:
60Q-6.102Definitions
60Q-6.105Commencing a Case; Subsequent Petitions
60Q-6.106Consolidation and Venue
60Q-6.108Filing and Service
60Q-6.110Mediation, Generally
60Q-6.113Pretrial Procedure
60Q-6.116Prosecution of Claims and Petitions for Benefits
60Q-6.122Motion for Re-hearing and Amending or Vacating Order
60Q-6.124Payment of Attorney's Fees and Costs Other Than Pursuant to Section 440.20(11), Florida Statutes
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 40, No. 142, July 23, 2014 issue of the Florida Administrative Register.
60Q-6.102 Definitions.
(1) through (11) No change.
(12) “Personally conferred” means communications in person, by telephone, e-mail, text messaging, or some other communication mechanism that permits an immediate, contemporaneous response. The term does NOT include letters or other written communications sent by facsimile, U.S. mail, or some other delivery service.
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,__________.
60Q-6.105 Commencing a Case; Subsequent Petitions.
(1) through (5) No change.
(6) Where a party is represented, a petition for benefits shall be served on counsel for the party employer/carrier/servicing agent in addition to any service otherwise required by this rule.
Rulemaking Authority 440.45(1)(a), (4) FS. Law Implemented 440.192, 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) through (3) No change.
(4) When a judge assigned to a case determines that the case is proceeding in an incorrect venue, the judge may transfer the case to the proper venue. When Whether transfer of venue occurs, the Deputy Chief Judge shall assign the case. results in change of the assigned judge shall be determined by the judge determining venue transfer.
(5) No change.
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, 10-31-12,__________.
60Q-6.108 Filing and Service.
(1) No change.
(a) through (b) No change.
(c) The following documents shall not be filed with the OJCC unless relevant to an issue to be heard and not more than 10 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, notices of unavailability, and returns of service.
(d) through (i) No change.
(2) through (5) No change.
(6) When service of any pleading other than a petition is made by U.S. mail, five days shall be added after the period allowed for the performance of any act required to be done, or allowed to be done, within a certain time after service. When service is made by any electronic delivery method or by hand delivery, no additional time shall be added.
(7) through (10) No change.
(11) All employers, 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. All employers, self-insurers, third-party administrators, and carriers shall register a single, general delivery U.S. Mail address and a single telephone number with the OJCC. 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) through (13) No change.
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, 10-31-12,__________.
60Q-6.110 Mediation, Generally.
(1) through (4) No change.
(5) No change.
(a) The adjuster, if represented by counsel, may attend the mediation by phone unless an objection is filed with the mediator on the basis of good cause. 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 days prior to the mediation conference. The mediator’s decision on telephonic appearance requests shall not be overturned except for good cause shown. The expense of telephonic attendance shall be borne by the person or party attending by telephone.
(b) No change.
(6) through (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, 10-31-12,__________.
60Q-6.113 Pretrial Procedure.
(1) No change.
(2) The parties or, if represented, their attorneys of record shall confer and complete a written typewritten pretrial stipulation. The claimant or claimant’s counsel shall forward the pretrial stipulation to the employer/carrier or their counsel, if represented, no later than 14 calendar days prior to the pretrial hearing. The employer/carrier or their counsel shall complete their portion and return the pretrial stipulation to the claimant or claimant’s counsel, if represented, no later than seven calendar days prior to the pretrial hearing. The judge may excuse any party who has complied with filing their completed and signed portion of the pretrial stipulation from live or telephonic attendance at 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) through (g) No change.
(h) Any defense raised pursuant to Sections 440.09(4)(a) and 440.105, F.S., and any affirmative defense, must be raised with specificity, detailing the conduct giving rise to the defense, with leave to amend within 10 days. Failure to plead with specificity shall result in the striking of the defense. Any objections/responses to the affirmative defenses must be pled with specificity.
(3) through (8) 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, 10-31-12,__________.
60Q-6.116 Prosecution of Claims and Petitions for Benefits.
(1) through (4) No change.
(5) Upon proper motion of any party, the judge may shall enter an order reflecting the terms of any written stipulation or agreement between the parties.
(6) through (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, 10-31-12,__________.
60Q-6.122 Motion for Re-hearing and Amending or Vacating Order.
(1) through (2) No change.
(3) A motion for re-hearing does shall not toll the time within which an order becomes final or an appeal may be filed.
(4) through (6) No change.
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, 10-31-12,__________.
60Q-6.124 Payment of Attorney’s Fees and Costs Other Than Pursuant to Section 440.20(11), Florida Statutes.
(1) through (3) No change.
(4) Payment of Disputed Attorney’s Fees and Costs – Appellate. Upon issuance of mandate by order of the appellate court in a matter awarding attorney’s fees, the awarded party shall serve and file a verified petition to determine the amount of appellate attorney’s fee and costs within 15 days from the date of the order entered by the court.
(5) through (6) 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, 10-31-12,__________.
