reglab/statecodes huggingface dataset:
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60P - Division of State Employees' Insurance › Chapter 60P-10 - SUPPLEMENTAL INSURANCE PLAN › Section 60P-10.009 - Terminations and Conversions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 110.123(5) FS.
					 Law Implemented 110.123
					 FS.
New 8-22-96, Repromulgated 1-31-02, Repealed
					 1-20-16.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Q - Division of Administrative Hearings › Chapter 60Q-3 - MEDICAL MALPRACTICE ARBITRATION › Section 60Q-3.001 - Applicability

Current through Reg. 50, No. 138; July 16, 2024
(1) These rules shall apply to all voluntary
				binding arbitration proceedings of medical negligence claims initiated in
				accordance with Sections
				 766.201 through
				 766.212, F.S., to determine and
				to allocate the amount of damages. All references to DOAH are to the Division
				of Administrative Hearings.
(2) Any
				agreement to arbitrate medical negligence claims filed with the Office of the
				Clerk shall be deemed to incorporate by reference this
				chapter.
Rulemaking Authority
					 766.207(9),
					 (10) FS. Law Implemented 766.201-.212
					 FS.
New 9-6-88, Formerly 22I-7.001, Amended 6-27-00,
					 9-14-21.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Q - Division of Administrative Hearings › Chapter 60Q-3 - MEDICAL MALPRACTICE ARBITRATION › Section 60Q-3.002 - Computation of Time

Current through Reg. 50, No. 138; July 16, 2024
In computing any period of time prescribed or allowed by
				  these rules, by order of the chief arbitrator, or by an applicable statute, the
				  day of the act from which the designated period of time begins to run shall not
				  be included. The last day of the period shall be included unless it is a
				  Saturday, Sunday or legal holiday in which event the period shall run until the
				  end of the next day which is not a Saturday, Sunday or legal holiday or any day
				  when the clerk's office at DOAH is closed. When the period of time prescribed
				  or allowed is less than seven days, intermediate Saturdays, Sundays and legal
				  holidays shall be excluded in the computation. As used in these rules, legal
				  holiday means those days designated in Section
				   110.117, F.S. Whenever a party
				  is required or permitted to do an act within some prescribed time after service
				  of a document, and the document is served by U.S. mail, five days shall be
				  added to the prescribed period. One business day shall be added to the
				  prescribed period when service is made by overnight courier. No additional time
				  shall be added to the prescribed period if service is made by hand, facsimile
				  telephone transmission, or other electronic transmission.
Rulemaking Authority
					 766.207(9),
					 (10) FS. Law Implemented 766.201-.212
					 FS.
New 9-6-88, Formerly 22I-7.002, Amended 6-27-00,
					 9-14-21.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Q - Division of Administrative Hearings › Chapter 60Q-3 - MEDICAL MALPRACTICE ARBITRATION › Section 60Q-3.003 - Representation By Attorney

Current through Reg. 50, No. 138; July 16, 2024
(1) A party has the
				right to be represented by an attorney at any arbitration proceeding or hearing
				conducted under Sections  766.201 through  766.212, Florida Statutes.
(2) Attorneys shall promptly file notices of
				appearance. Counsel who file any pleading with the Office of the Clerk or the
				chief arbitrator have entered an appearance and shall be deemed counsel of
				record.
(3) On written motion
				served on the party represented and all other parties of record, the chief
				arbitrator shall grant counsel of record leave to withdraw for good cause
				shown.
Specific Authority
					 766.207(9),
					 (10) FS. Law Implemented 766.201-.212
					 FS.
New 9-6-88, Formerly 22I-7.003, Amended
					 6-27-00.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Q - Division of Administrative Hearings › Chapter 60Q-3 - MEDICAL MALPRACTICE ARBITRATION › Section 60Q-3.004 - Filing and Service

Current through Reg. 50, No. 138; July 16, 2024
(1) In construing
				these rules, any applicable statute, any order of an arbitration panel, or any
				order of the chief arbitrator, filing means receipt by the Office of the Clerk
				at DOAH during normal business hours or by the chief arbitrator during the
				course of a hearing.
(2) Any
				pleading or other document received by the Office of the Clerk after 5:00 p.m.
				shall be filed as of 8:00 a.m. on the next regular business day.
(3) Whenever a party files a pleading or
				other document, that party shall simultaneously serve copies upon the other
				parties to the proceeding and, after the arbitration panel has been confirmed,
				upon the arbitrators other than the chief arbitrator. Service on counsel of
				record is the equivalent of service on the party represented for all
				purposes.
(4) All pleadings and
				other documents filed shall contain the following:
(a) The style of the proceeding;
(b) The case number, if any;
(c) The name of the party on whose behalf the
				document is filed;
(d) The name,
				address, and telephone number of the person filing the document;
(e) The signature of the person filing the
				document; and
(f) A certificate of
				service attesting that copies have been furnished to other parties and their
				arbitrators as required by this rule.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Q - Division of Administrative Hearings › Chapter 60Q-3 - MEDICAL MALPRACTICE ARBITRATION › Section 60Q-3.005 - Initiation of Arbitration Proceedings

Current through Reg. 50, No. 138; July 16, 2024
(1) All parties agreeing to arbitration shall
				execute and file with the Office of the Clerk a request for arbitration
				substantially in the following form:
"We hereby agree to submit to arbitration under Sections
				  766.201-.212, Florida Statutes, and Chapter 60Q-3, Florida Administrative Code,
				  the determination of the amount of damages arising from the following medical
				  incident: (Describe the medical incident briefly, specifying dates and the
				  categories of damages sought).
We further agree that the determination of the amount of
				  damages be submitted to a three-member panel constituted or reconstituted in
				  accordance with Sections 766.201-.212, Florida Statutes, and Chapter 60Q-3,
				  Florida Administrative Code.
We further agree that we will faithfully observe this
				  agreement, that we will abide by and fulfill any award rendered by an
				  arbitration panel, and that a judgment of a court having jurisdiction may be
				  entered on the award, provided only that the liability of any insurer shall be
				  subject to applicable insurance policy limits."
(2) The request for arbitration shall contain
				the name and address of each party joining in the request and shall also state
				the name and address of each party who, although not joining in the request,
				was named in a notice of intent to initiate litigation served in connection
				with the controversy.
(3) No filing
				fee is required in order to initiate arbitration.
Specific Authority
					 766.207(9),
					 (10) FS. Law Implemented 766.201-.212
					 FS.
New 9-6-88, Formerly 22I-7.005, Amended
					 6-27-00.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Q - Division of Administrative Hearings › Chapter 60Q-3 - MEDICAL MALPRACTICE ARBITRATION › Section 60Q-3.006 - Stipulations to Terminate Assessment Arbitration

Current through Reg. 50, No. 138; July 16, 2024
At any time before entry of an arbitration award, all parties
				  may agree to terminate the arbitration proceedings due to a
				  settlement.
Specific Authority
					 766.207(9),
					 (10) FS. Law Implemented 766.201-.212
					 FS.
New 9-6-88, Formerly 22I-7.006, Amended
					 6-27-00.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Q - Division of Administrative Hearings › Chapter 60Q-3 - MEDICAL MALPRACTICE ARBITRATION › Section 60Q-3.008 - Ex Parte Communications

Current through Reg. 50, No. 138; July 16, 2024
(1) No party or
				other person directly or indirectly interested in an arbitration proceeding nor
				anyone authorized to act on behalf of a party or other interested person shall
				communicate ex parte with an arbitrator or nominee relative to the merits of
				the arbitration proceeding, threaten an arbitrator or nominee, or offer an
				arbitrator or nominee any reward.
(2) An arbitrator or nominee who becomes
				aware of a violation of this rule shall recite the circumstances in a
				memorandum, attaching any offending written communication, and file the
				memorandum as promptly as circumstances permit, simultaneously serving all
				parties and other arbitrators.
(3)
				The chief arbitrator may order any reasonable sanctions for violation of this
				rule, including an award of costs and fees occasioned by the violation, and
				forfeiture of an arbitrator's compensation. The Director may, after notice and
				an opportunity for a hearing, remove an arbitrator for failure to comply with
				this rule.
Specific Authority
					 766.207(9),
					 (10) FS. Law Implemented 766.201-.212
					 FS.
New 9-6-88, Formerly 22I-7.008, Amended
					 6-27-00.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Q - Division of Administrative Hearings › Chapter 60Q-3 - MEDICAL MALPRACTICE ARBITRATION › Section 60Q-3.009 - Disqualification of Arbitrators

Current through Reg. 50, No. 138; July 16, 2024
(1) Unless good
				cause is shown, motions for disqualification of arbitrators shall be filed
				within 15 days from the appointment of that arbitrator. At least one affidavit
				shall accompany the motion and state particular grounds. A motion to disqualify
				the chief arbitrator shall be limited to those grounds for which a judge may be
				disqualified. Any party filing a motion for disqualification shall state all
				grounds for disqualification in one motion, if known to, or discoverable with
				reasonable diligence by, the movant.
(2) Unless denied by the chief arbitrator as
				untimely, or as being a successive motion the motion shall be ruled on by the
				Director, whose sole function shall be to determine the legal sufficiency of
				the motion and affidavit. The Director shall, for purposes of the motion, take
				as true all allegations of fact in the affidavit, unless the movant has
				previously sought disqualification of an arbitrator in the same
				case.
Rulemaking Authority
					 766.207(9),
					 (10) FS. Law Implemented 766.201-.212
					 FS.
New 9-6-88, Formerly 22I-7.009, Amended 6-27-00,
					 9-14-21.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Q - Division of Administrative Hearings › Chapter 60Q-3 - MEDICAL MALPRACTICE ARBITRATION › Section 60Q-3.011 - Discovery

Current through Reg. 50, No. 138; July 16, 2024
(1) Parties may obtain discovery as provided
				in Rules 1.280 through 1.400, Florida Rules of Civil Procedure, provided that
				no party may serve any written interrogatories, requests for production or
				inspection, requests for admissions or requests for physical or mental
				examinations later than 50 days before the assessment arbitration hearing, or
				after such other date as the chief arbitrator may order.
(2) Motions to compel discovery shall contain
				a statement certifying that the movant has conferred with the opposing parties
				in a good faith effort to resolve by agreement each issue raised and that they
				have been unable to do so. Motions to compel discovery shall quote verbatim
				each interrogatory, request for admission, request for production or
				inspection, or request for physical or mental examination, and the response
				thereto, followed by a statement of the grounds for the motion. Grounds shall
				be addressed to the specific interrogatory or request and may not be stated
				generally.
(3) All depositions of
				assessment arbitration witnesses and all physical or mental examinations must
				be completed no later than 20 days before the assessment arbitration
				proceeding, unless the chief arbitrator sets a different time.
(4) Sanctions to enforce discovery include
				those provided by the Florida Rules of Civil Procedure, except
				contempt.
Specific Authority
					 766.207(9),
					 (10) FS. Law Implemented 766.201-.212
					 FS.
New 9-6-88, Formerly 22I-7.011, Amended
					 6-27-00.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Q - Division of Administrative Hearings › Chapter 60Q-3 - MEDICAL MALPRACTICE ARBITRATION › Section 60Q-3.0111 - Motions

Current through Reg. 50, No. 138; July 16, 2024
(1) All requests for relief shall be by
				motion. Written motions will normally be disposed of on the basis of the
				motion, together with any memoranda in support or in opposition, following the
				expiration of a seven-day response period. If the subject matter of the motion
				requires an earlier ruling, or if the chief arbitrator determines that oral
				argument is required, the movant shall arrange a motion hearing, which may be
				by telephonic conference call.
(2)
				Motions shall include a statement that the movant has conferred with all other
				parties of record and shall state as to each party whether the party has any
				objection to the motion. Any statement that the movant was unable to contact
				the other party or parties before filing the motion must provide information
				regarding the date(s) and method(s) by which contact was attempted.
(3) Oral argument on motions is not a matter
				of right, but may be allowed by the chief arbitrator if requested by the movant
				at the time the motion is filed, or by any other party within seven days of the
				filing of the motion, or if the chief arbitrator determines that oral argument
				is required to resolve the issue(s) raised in the motion.
Rulemaking Authority
					 766.207(9),
					 (10) FS. Law Implemented
					 766.201 -
					 766.212
					 FS.
New 6-27-00, Amended
					 9-14-21.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Q - Division of Administrative Hearings › Chapter 60Q-3 - MEDICAL MALPRACTICE ARBITRATION › Section 60Q-3.012 - Subpoenas

Current through Reg. 50, No. 138; July 16, 2024
(1) The chief arbitrator shall issue
				subpoenas on forms supplied by DOAH through the eALJ portal. Subpoenas shall
				issue in blank except for the style of the case, the case number, the name,
				address and telephone number of the attorney or party requesting the subpoena,
				and the chief arbitrator's signature, which may be by facsimile
				signature.
(2) Any party or any
				person on whom a subpoena is served or to whom a subpoena is directed, may file
				a motion to quash or for protective order with the chief arbitrator.
(3) A subpoena may be served by any person
				authorized by law to serve process or by any person who is not a party and who
				is of majority age. Service shall be made in the manner provided by law for
				service of subpoenas issued by courts. Proof of such service shall be made by
				affidavit of the person making service if not served by an officer authorized
				by law to do so.
(4) Witness fees
				shall be paid by the party at whose instance the witness is summoned. Witness
				fees shall be tendered at the time of service of a subpoena. The fees allowed
				shall be the same as those allowed by the circuit courts of Florida. This rule
				does not limit the fees of expert witnesses.
Rulemaking Authority
					 766.207(9),
					 (10) FS. Law Implemented 766.201-.212
					 FS.
New 9-6-88, Formerly 22I-7.012, Amended 6-27-00,
					 9-14-21.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Q - Division of Administrative Hearings › Chapter 60Q-3 - MEDICAL MALPRACTICE ARBITRATION › Section 60Q-3.013 - Case Management

Current through Reg. 50, No. 138; July 16, 2024
Except as to matters Sections 766.201-.212, Florida Statutes,
				  specifically require arbitration panels or the Director to decide, the chief
				  arbitrator may issue any orders necessary to effectuate discovery, to prevent
				  delay, and to promote the just, speedy and inexpensive determination of all
				  aspects of the case.
Specific Authority
					 766.207(9),
					 (10) FS. Law Implemented 766.201-.212
					 FS.
New 9-6-88, Formerly 22I-7.013, Amended
					 6-27-00.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Q - Division of Administrative Hearings › Chapter 60Q-3 - MEDICAL MALPRACTICE ARBITRATION › Section 60Q-3.016 - Recordation

Current through Reg. 50, No. 138; July 16, 2024
The defendant shall arrange for and bear the expense of a
				  court reporter's appearance at the assessment arbitration and any allocation
				  arbitration hearings and recordation of the proceeding.
Specific Authority
					 766.207(9),
					 (10) FS. Law Implemented 766.201-.212
					 FS.
New 9-6-88, Formerly 22I-7.016, Amended
					 6-27-00.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Q - Division of Administrative Hearings › Chapter 60Q-3 - MEDICAL MALPRACTICE ARBITRATION › Section 60Q-3.017 - Venue

Current through Reg. 50, No. 138; July 16, 2024
Unless all parties otherwise agree, when an arbitration is
				  conducted live, the arbitration shall take place in the county in which the
				  medical incident occurred or in which a defendant who lives in Florida
				  resides.
Rulemaking Authority
					 766.207(9),
					 (10) FS. Law Implemented 766.201-.212
					 FS.
New 9-6-88, Formerly 22I-7.017, Amended 6-27-00,
					 9-14-21.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Q - Division of Administrative Hearings › Chapter 60Q-3 - MEDICAL MALPRACTICE ARBITRATION › Section 60Q-3.018 - Notice of Assessment Arbitration

Current through Reg. 50, No. 138; July 16, 2024
(1)
				After the panel has been confirmed, the chief arbitrator shall set a time and
				place for assessment arbitration and give the parties at least 90 days' notice,
				unless prior proceedings resulted in misarbitration. The notice shall state the
				time, place and nature of the hearing and refer to Sections 766.201-.212, F.S.,
				and Chapter 60Q-3, F.A.C.
(2) In
				the event a motion for continuance is granted, the chief arbitrator shall issue
				a new notice of hearing, but need not give 90 days' notice of the rescheduled
				date, time, and place.
(3) In the
				event prior proceedings resulted in misarbitration, the chief arbitrator shall
				set a time and place for arbitration and give the parties at least 15 days'
				notice.
Rulemaking Authority
					 766.207(9),
					 (10) FS. Law Implemented 766.201-.212
					 FS.
New 9-6-88, Formerly 22I-7.018, Amended 6-27-00,
					 9-14-21.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Q - Division of Administrative Hearings › Chapter 60Q-3 - MEDICAL MALPRACTICE ARBITRATION › Section 60Q-3.019 - Continuances

Current through Reg. 50, No. 138; July 16, 2024
(1) The chief arbitrator may grant a
				continuance for good cause shown. Except in cases of emergency, all requests
				for postponement of an arbitration hearing shall be made by motion for
				continuance filed at least 10 days prior to the scheduled commencement of the
				arbitration hearing.
(2) Upon
				stipulation of all parties, the chief arbitrator may grant a continuance at any
				time.
(3) No allocation arbitration
				hearing shall be continued to a time more than 65 days beyond the date of an
				arbitration award, or of the filing of the parties' agreement to terminate
				assessment arbitration, unless all claimants agree in
				writing.
Rulemaking Authority
					 766.207(9),
					 (10) FS. Law Implemented 766.201-.212
					 FS.
New 9-6-88, Formerly 22I-7.019, Amended 6-27-00,
					 9-14-21.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Q - Division of Administrative Hearings › Chapter 60Q-3 - MEDICAL MALPRACTICE ARBITRATION › Section 60Q-3.022 - Assessment Arbitration Pre-Hearing Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) Mediation is encouraged but not required
				for arbitration. Should the parties choose to mediate, mediation shall be
				conducted at least ten days prior to the date that the arbitration hearing is
				scheduled to commence.
(2) The
				parties shall notify the chief arbitrator of the results of any mediation no
				later than three days after the mediation is concluded, or, in any event, not
				less than five days prior to the commencement of the arbitration.
(3) All potential witnesses' names and
				addresses must be disclosed to all other parties and filed with the Division at
				least 45 days prior to the arbitration hearing or 45 days before any
				re-scheduled arbitration hearing.
(4) All exhibits intended to be introduced
				into evidence must be exchanged no later than 20 days prior to the scheduled
				arbitration hearing.
(5) No later
				than 15 days before the assessment arbitration hearing, or by such other time
				as the chief arbitrator orders, the parties shall file a pre-hearing
				stipulation, which shall contain:
(a) A brief
				general statement of each party's position, including a statement regarding the
				categories of damages at issue, and any damages that have been
				stipulated;
(b) A list of all
				exhibits to be offered at the hearing, noting any objections thereto, and the
				grounds for each objection;
(c) A
				list of the names and addresses of all witnesses intended to be called at the
				hearing by each party. Expert witnesses shall be designated;
(d) A concise, but detailed statement of
				those facts which are admitted and will require no proof at hearing, together
				with any reservations directed to such admissions;
(e) A concise statement of those issues of
				law on which there is agreement;
(f) A concise statement of those issues of
				fact which remain to be litigated;
(g) A concise statement of those issues of
				law which remain for determination;
(h) A concise statement of any disagreement
				as to the application of the rules of evidence;
(i) A statement of whether the parties have
				agreed to the arbitrators' fee, and if so, the amount of the fee;
(j) An estimate of the length of time the
				hearing will require;
(k) A list of
				all motions or other matters which require action by the chief arbitrator;
				and
(l) The signature of counsel
				for all parties represented by counsel and of all parties not represented by
				counsel.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Q - Division of Administrative Hearings › Chapter 60Q-3 - MEDICAL MALPRACTICE ARBITRATION › Section 60Q-3.024 - Arbitration Award

Current through Reg. 50, No. 138; July 16, 2024
(1) Unless a majority
				the assessment arbitration panel decides to defer entry of the arbitration
				award, the arbitration award shall be announced on the record after the
				conclusion of the evidence.
(2) The
				chief arbitrator shall sign the arbitration award within 10 days from the
				conclusion of the evidence. For purposes of computing time, an arbitration
				award is made on the day it is filed with the Office of the
				Clerk.
Rulemaking Authority
					 766.207(9),
					 (10) FS. Law Implemented 766.201-.212
					 FS.
New 9-6-88, Formerly 22I-7.024, Amended 6-27-00,
					 9-14-21.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Q - Division of Administrative Hearings › Chapter 60Q-3 - MEDICAL MALPRACTICE ARBITRATION › Section 60Q-3.025 - Assessment Misarbitration

Current through Reg. 50, No. 138; July 16, 2024
(1) If no two
				members of the assessment arbitration panel can agree on an arbitration award,
				the chief arbitrator shall enter an order of misarbitration.
(2) Within 20 days of an order of
				misarbitration, the parties shall nominate at least three but no more than five
				arbitrators other than an arbitrator from the proceeding which resulted in
				misarbitration by filing the nominees' names, addresses and telephone numbers,
				along with certificates, in the form set out in subsection
				 60Q-3.007(2),
				Florida Administrative Code. The Director shall appoint two nominees as
				arbitrators, provided that if more than one party complies with this section
				within 20 days of an order of misarbitration, the Director shall appoint
				arbitrators nominated by different parties.
(3) At any assessment arbitration hearing
				following misarbitration, no party may offer exhibits or call witnesses not
				offered or called at the assessment arbitration hearing preceding
				misarbitration, provided that the transcript of testimony given at a prior
				assessment arbitration hearing by a witness who is unavailable at a later
				hearing may be offered as an exhibit.
Specific Authority
					 766.207(9),
					 (10) FS. Law Implemented 766.201-.212
					 FS.
New 9-6-88, Formerly 22I-7.025, Amended
					 6-27-00.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Q - Division of Administrative Hearings › Chapter 60Q-3 - MEDICAL MALPRACTICE ARBITRATION › Section 60Q-3.026 - Initiation of Allocation Arbitration Proceedings

Current through Reg. 50, No. 138; July 16, 2024
(1) Where more than one defendant has
				participated in an assessment arbitration proceeding, any defendant against
				whom an arbitration award has been made may initiate allocation arbitration
				proceedings by filing a demand for allocation with the Office of the Clerk
				within 20 days of the arbitration award, or of the filing of the parties'
				agreement to terminate assessment arbitration, and simultaneously serving
				copies of the demand on all other defendants in the assessment arbitration
				proceeding.
(2) A demand for
				allocation shall specify in detail every act or omission on account of which
				any defendant named in the notice of intent to initiate litigation should be
				held responsible for the damages assessed in the arbitration award. Nomination
				of arbitrators shall accompany the demand for allocation.
(3) Any arbitrating defendant upon whom a
				demand for allocation is served shall file an answer admitting or denying every
				allegation made in the demand within 10 days of service of the demand; and may,
				at the same time, serve a cross-demand for allocation specifying in detail any
				other acts or omissions on account of which any defendant named in the notice
				of intent to initiate litigation should be held responsible for the damages
				assessed in the arbitration proceeding.
(4) Any arbitrating defendant upon whom a
				cross-demand for allocation is served shall file an answer admitting or denying
				every allegation made in the cross-demand within 10 days of service of the
				cross-demand.
Specific Authority
					 766.207(9),
					 (10) FS. Law Implemented 766.201-.212
					 FS.
New 9-6-88, Formerly 22I-7.026, Amended
					 6-27-00.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Q - Division of Administrative Hearings › Chapter 60Q-3 - MEDICAL MALPRACTICE ARBITRATION › Section 60Q-3.027 - Motions and Stipulations to Terminate Allocation Arbitration

Current through Reg. 50, No. 138; July 16, 2024
At any time before an order allocating financial
				  responsibility is entered, all arbitrating defendants may agree to entry of a
				  stipulated statement allocating financial responsibility, which, when signed by
				  all arbitrating defendants and filed, shall have the same effect as an order
				  allocating financial responsibility.
Specific Authority
					 766.207(9),
					 (10) FS. Law Implemented 766.201-.212
					 FS.
New 9-6-88, Formerly 22I-7.027, Amended
					 6-27-00.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Q - Division of Administrative Hearings › Chapter 60Q-3 - MEDICAL MALPRACTICE ARBITRATION › Section 60Q-3.028 - Allocation Arbitration Panels

Current through Reg. 50, No. 138; July 16, 2024
(1) If all
				arbitrating defendants agree in writing, they may, within 20 days of the
				arbitration award, select two arbitrators, and up to four alternates, by filing
				their names, addresses and telephone numbers, along with certificates in
				accordance with Rule  60Q-3.007, Florida
				Administrative Code executed by each nominee. At least one arbitrator so
				selected shall be a medical practitioner and so designated. The other
				arbitrator and all alternates shall be either medical practitioners or, if a
				hospital licensed pursuant to Chapter 395, Florida Statutes, is involved,
				certified hospital risk managers, and each shall be so designated.
(2) Unless all arbitrating defendants agree
				on two arbitrators, the party filing the initial demand for allocation shall
				simultaneously nominate at least one, but no more than five, arbitrators, by
				filing their names, addresses and telephone numbers, along with the required
				certificates executed by each nominee.
(3) Each arbitrating defendant, other than
				the defendant who files the initial demand for allocation, shall, within 10
				days of receipt of the initial demand for allocation, nominate up to five
				arbitrators, by filing their names, addresses and telephone numbers, along with
				the required certificates executed by each nominee.
(4) Should any defendant fail or refuse to
				timely nominate arbitrators, the director shall select the arbitrators other
				than the chief arbitrator from the lists submitted by the other
				defendants.
(5) When the defendants
				have selected arbitrators in conformity with this rule, the director shall
				enter an order confirming the selection.
(6) If the chief arbitrator resigns or is
				otherwise unavailable to participate in allocation arbitration, the Director
				shall appoint another Administrative Law Judge chief arbitrator.
(7) If an arbitrator other than the chief
				arbitrator resigns or is otherwise unavailable to participate at the time and
				place established, the Director shall appoint an alternate or nominee
				designated in conformity with this rule.
Specific Authority
					 766.207(9),
					 (10) FS. Law Implemented 766.201-.212
					 FS.
New 9-6-88, Formerly 22I-7.028, Amended
					 6-27-00.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Q - Division of Administrative Hearings › Chapter 60Q-3 - MEDICAL MALPRACTICE ARBITRATION › Section 60Q-3.029 - Notice of Allocation Arbitration

Current through Reg. 50, No. 138; July 16, 2024
(1)
				The chief arbitrator shall set the time and place for allocation arbitration
				and give the parties at least 30 days' notice.
(2) In the event a motion for continuance is
				granted, the chief arbitrator shall issue a new notice of hearing, but need not
				give 30 days' notice of the rescheduled date, time, and
				place.
Rulemaking Authority
					 766.207(9),
					 (10) FS. Law Implemented 766.201-.212
					 FS.
New 9-6-88, Formerly 22I-7.029, Amended 6-27-00,
					 9-14-21.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Q - Division of Administrative Hearings › Chapter 60Q-3 - MEDICAL MALPRACTICE ARBITRATION › Section 60Q-3.031 - Allocation Arbitration Pre-Hearing Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) No later than 10 days before the
				allocation arbitration hearing, or by such other time as the chief arbitrator
				orders, the arbitrating defendants shall file a pre-hearing stipulation, which
				shall contain:
(a) A brief general statement
				of each party's position;
(b) A
				list of all exhibits to be offered at the hearing, noting any objections
				thereto, and the grounds for each objection;
(c) A list of the names and addresses of all
				witnesses to be called at the hearing by each party. Expert witnesses shall be
				designated;
(d) A concise, but
				detailed statement of those facts which are admitted and will require no proof
				at hearing, together with any reservations directed to such
				admissions;
(e) A concise statement
				of those issues of law on which there is agreement;
(f) A concise statement of those issues of
				fact which remain to be litigated;
(g) A concise statement of those issues of
				law which remain for determination;
(h) A concise statement of any disagreement
				as to the application of the rules of evidence;
(i) An estimate of the length of time the
				hearing will require;
(j) A
				statement of whether the parties have agreed to the arbitrators' fee, and if
				so, the amount of the fee;
(k) A
				list of all motions or other matters which require action by the chief
				arbitrator; and
(l) The signature
				of counsel for all parties represented by counsel and of all parties not
				represented by counsel.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Q - Division of Administrative Hearings › Chapter 60Q-3 - MEDICAL MALPRACTICE ARBITRATION › Section 60Q-3.032 - Allocation of Financial Responsibility

Current through Reg. 50, No. 138; July 16, 2024
(1) Unless a majority of the allocation
				arbitration panel decides to defer entry of the order allocating financial
				responsibility, the order shall be announced on the record after the conclusion
				of the evidence.
(2) The order
				allocating financial responsibility shall list all defendants named in the
				notice of intent to initiate litigation. As to each, the order shall specify a
				percentage representing the share of responsibility each bears for the
				claimant's injuries. In addition, the order shall apportion responsibility for
				the arbitration award among the arbitrating defendants.
(3) The chief arbitrator shall sign the order
				allocating financial responsibility within 10 days from the conclusion of the
				evidence. When the order is filed with the Office of the Clerk, the allocation
				arbitration is concluded.
Rulemaking Authority
					 766.207(9),
					 (10) FS. Law Implemented 766.201-.212
					 FS.
New 9-6-88, Formerly 22I-7.032, Amended 6-27-00,
					 9-14-21.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Q - Division of Administrative Hearings › Chapter 60Q-3 - MEDICAL MALPRACTICE ARBITRATION › Section 60Q-3.035 - Sanctions

Current through Reg. 50, No. 138; July 16, 2024
The chief arbitrator may impose reasonable sanctions for
				  violations of these rules, or of any order entered by the Director or the chief
				  arbitrator.
Specific Authority
					 766.207(9),
					 (10) FS. Law Implemented 766.201-.212
					 FS.
New 9-6-88, Formerly 22I-7.035, Amended
					 6-27-00.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Q - Division of Administrative Hearings › Chapter 60Q-6 - RULES OF PROCEDURE FOR WORKERS' COMPENSATION ADJUDICATIONS › Section 60Q-6.101 - Scope

Current through Reg. 50, No. 138; July 16, 2024
These rules of procedure apply in all workers' compensation
				  proceedings before the judges of compensation claims.
Rulemaking Authority
					 440.45(1)(a),
					 (4) FS. Law Implemented
					 440.45(1)(a),
					 (4)
					 FS.
New 2-23-03, Amended
					 11-1-06.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Q - Division of Administrative Hearings › Chapter 60Q-6 - RULES OF PROCEDURE FOR WORKERS' COMPENSATION ADJUDICATIONS › Section 60Q-6.102 - DEFINITIONS

Current through Reg. 50, No. 138; July 16, 2024
(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 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.
(12) "Personally conferred"
				means communications in person, by telephone, email, text messaging, or some
				other communication mechanism that permits an immediate, contemporaneous
				response.
(13) "Venue" means the
				geographic district where the parties would gather for a non-virtual hearing or
				mediation.
(14) "Verified" is
				defined in accordance with Section
				 92.525, F.S.
(15) "Virtual" means any real-time
				interaction through a video and/or audio system.
Rulemaking Authority
					 440.45(1)(a),
					 (4) FS. Law Implemented
					 440.192(1),
					 440.45(1)(a),
					 (4)
					 FS.
New 2-23-03, Amended 11-1-06, 10-31-10, 10-31-12, 11-10-14,
					 2-14-22, 3-15-23.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Q - Division of Administrative Hearings › Chapter 60Q-6 - RULES OF PROCEDURE FOR WORKERS' COMPENSATION ADJUDICATIONS › Section 60Q-6.103 - PLEADINGS AND PROPOSED ORDERS

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Pleadings. All documents filed with the OJCC shall:
(a) Be typewritten or printed on 81/2" by 11"
				white paper, unless electronically filed;
(b) Be unstapled;
(c) Contain the signature, or the electronic
				signature if filed electronically, of the party in interest or, if represented,
				the party's attorney of record;
(d)
				Contain the style of the proceeding; the case number, if any; the date of
				accident; the party on whose behalf the document is filed; the subject matter
				of the document; and the name, mailing address, email address, and telephone
				number of the party or, if represented, the party's attorney of record
				(including the attorney's Florida Bar number) filing the document;
(e) Contain a certificate of service
				representing that copies have been served on all parties or, if represented,
				their attorneys of record. The certificate shall be dated and include the name,
				address, and method of service used as to each party and/or attorney served;
				and
(f) Not be accompanied by
				separate cover letter or correspondence.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Q - Division of Administrative Hearings › Chapter 60Q-6 - RULES OF PROCEDURE FOR WORKERS' COMPENSATION ADJUDICATIONS › Section 60Q-6.104 - Representation and Appearance of Counsel

Current through Reg. 50, No. 138; July 16, 2024
(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 judge a notice of appearance and serve copies on all
				other parties or, if represented, the parties' 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, e-mail address, telephone number, and Florida Bar number of
				the attorney. Attorneys shall keep their e-JCC profile current by logging into
				e-JCC and updating their mailing addresses, e-mail addresses, and telephone
				numbers when such information changes.
(2) Substitution or Withdrawal of Counsel.
				During the pendency of any issues before the judge, an attorney of record
				remains the attorney of record until:
(a) A
				stipulation for substitution has been filed with the judge and served on all
				other parties or, if represented, their attorneys of record; or
(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 of record, is
				granted.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Q - Division of Administrative Hearings › Chapter 60Q-6 - RULES OF PROCEDURE FOR WORKERS' COMPENSATION ADJUDICATIONS › Section 60Q-6.105 - COMMENCING A CASE; SUBSEQUENT PETITIONS

Current through Reg. 50, No. 138; July 16, 2024
(1) An employee or claimant seeking an award
				of benefits commences a new case by filing a petition for benefits pursuant to
				Section  440.192, F.S., when there is not
				an existing case pertaining to the same employee and date of
				accident.
(2) When the employee and
				date of accident are the same as in an existing case, any subsequent petition
				for benefits or claim relating to that employee and date of accident shall be
				filed in the existing case.
(3) For
				any claim or dispute within the jurisdiction of the OJCC but not subject to a
				petition for benefits, the claimant or moving party shall file with the clerk
				of the OJCC a request for assignment of case number.
(4) A claim for reimbursement from the
				Special Disability Trust Fund shall be made under the administrative rules
				promulgated by the division.
(5)
				Where a party is represented, a petition for benefits shall be served on
				counsel for the party 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.
New 2-23-03, Amended 11-1-06, 10-31-10, 11-10-14,
					 2-14-22.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Q - Division of Administrative Hearings › Chapter 60Q-6 - RULES OF PROCEDURE FOR WORKERS' COMPENSATION ADJUDICATIONS › Section 60Q-6.106 - CONSOLIDATION AND VENUE

Current through Reg. 50, No. 138; July 16, 2024
(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) Any
				motion to consolidate cases 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. Any consolidation of two or more cases shall thereafter be
				designated as consolidated under the lowest case number of those consolidated,
				unless another number is ordered by the assigned judge, and shall be assigned
				to the judge then assigned to that lowest case number.
(3) Proceedings in any venue may be conducted
				virtually, in the discretion of the assigned judge.
(4) A motion to change venue shall be filed
				with the judge and shall contain the signature of the moving party, or, if
				represented, the party's attorney of record.
(5) When a judge assigned to a case
				determines that the case is proceeding in an improper venue, the judge may
				transfer the case to the proper venue, and the Deputy Chief Judge, upon request
				by that judge, shall reassign to a judge in the district where venue is proper.
				Alternatively, the assigned judge transferring the case may retain jurisdiction
				and conduct proceedings virtually or live in the proper venue.
(6) For accidents occurring outside of the
				state, the 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.
New 2-23-03, Amended 11-1-06, 10-31-10, 10-31-12, 11-10-14,
					 3-15-23.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Q - Division of Administrative Hearings › Chapter 60Q-6 - RULES OF PROCEDURE FOR WORKERS' COMPENSATION ADJUDICATIONS › Section 60Q-6.107 - AMENDMENT AND DISMISSAL OF PETITION FOR BENEFITS

Current through Reg. 50, No. 138; July 16, 2024
(1) A petition that does not contain the
				information required by Sections
				 440.192(2) through
				(4), F.S., shall be dismissed.
(2) A petition or request for assignment of
				case number may only be amended by written stipulation of the parties or by
				order of the judge. Changes of addresses, email addresses, or phone numbers of
				parties can be accomplished by filing a notice of change in a particular case
				or changing registration information pursuant to subsection
				 60Q-6.108(11),
				F.A.C. Changes of address, e-mail address, or phone numbers of attorneys shall
				be made by the attorney in their individual OJCC efiling profile.
(3) An amendment only modifying a company
				name may be accomplished by a stipulation or motion. An amendment as to party
				identity must be by motion and order.
(4) Prior to dismissing any petition for
				failure to prosecute, the judge shall issue an order to show cause and allow 10
				days for a response to the order.
Rulemaking Authority
					 440.45(1)(a),
					 (4) FS. Law Implemented
					 440.192,
					 440.45(1)(a),
					 (4)
					 FS.
New 2-23-03, Amended 11-1-06, 10-31-10, 10-31-12, 11-10-14,
					 2-14-22.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Q - Division of Administrative Hearings › Chapter 60Q-6 - RULES OF PROCEDURE FOR WORKERS' COMPENSATION ADJUDICATIONS › Section 60Q-6.109 - Computation of Time

Current through Reg. 50, No. 138; July 16, 2024
In computing any period of time prescribed or allowed by
				  these rules, by order, or by applicable statute, the day of the act or event
				  from which the designated period of time begins to run shall not be included.
				  The last day of the period so computed shall be included. If any act required
				  to be done, or allowed to be done, falls on a Saturday, Sunday, or legal
				  holiday, performance of that act shall be required on the next regular working
				  day. When the period of time allowed is less than seven days, intermediate
				  Saturdays, Sundays, and legal holidays shall be excluded from the computation.
				  As used in this rule, legal holiday means those days designated in section
				   110.117, F.S.
Rulemaking Authority
					 440.45(1)(a),
					 (4) FS. Law Implemented
					 440.45(1)(a),
					 (4)
					 FS.
New 2-23-03.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Q - Division of Administrative Hearings › Chapter 60Q-6 - RULES OF PROCEDURE FOR WORKERS' COMPENSATION ADJUDICATIONS › Section 60Q-6.111 - AUTHORITY AND DUTIES OF MEDIATOR

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Authority of Mediator.
(a) The mediator shall
				at all times be in control of the mediation and the procedures to be followed,
				subject to the direction of the judge.
(b) The mediation shall be virtual unless the
				parties have received approval for a live mediation. Any party seeking a live
				mediation in a district office may request same from the assigned mediator no
				later than 30 days before the date of the scheduled state mediation. The
				mediator's decision to hold a live mediation may result in reassignment to a
				different mediator. Any request for non-virtual mediation in a location other
				than a district office shall be by motion directed to the Deputy Chief
				Judge.
(c) The mediator may meet
				and consult privately with any party or parties or their counsel during the
				mediation.
(d) Upon written request
				of any mediator, or upon a motion filed in the case and directed to the Deputy
				Chief Judge, the Deputy Chief Judge may reassign any mediation to accommodate
				conflict of interest or potential appearance of
				impropriety.