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-6.108 - FILING AND SERVICE

Current through Reg. 50, No. 138; July 16, 2024
(1) Filing.
(a) All documents filed with the OJCC, except
				documents filed by parties who are not represented by an attorney, shall be
				filed by electronic means through the OJCC website. Any document filed in paper
				form by U.S. mail, facsimile, or delivery shall be filed only with the OJCC
				clerk in Tallahassee. Documents shall be filed by only one method, e-filing,
				facsimile, or U.S. mail, and shall not be filed multiple times. Duplicate
				filings will not be docketed and will be destroyed.
(b) Any pleading or other paper filed in a
				proceeding shall be served on all other parties or, if represented, their
				attorneys of record at the time the document is filed. Petitions for benefits
				shall be served on the parties as provided in Section
				 440.192(1),
				F.S., and copies of the petitions shall be served on counsel for the opposing
				parties, if known, at the time the petition is filed as provided in this rule.
				Service made by a represented party's attorney to another represented party's
				attorney shall be by electronic mail, facsimile, or U.S. mail. The use of
				electronic mail by parties or attorneys is approved only when the serving party
				or attorney uses the opposing party's or attorney's email address that the
				opposing party or attorney, or their designated representative has registered
				with the OJCC, as listed in e-JCC absent good cause. If an attorney has not
				registered their electronic mail address with the OJCC, documents may be served
				on that attorney at the e-mail address on record with The Florida Bar. Service
				by or to an unrepresented party shall be by electronic mail, if available, or
				by U.S. mail or facsimile. Electronic mail sent by the OJCC on behalf of the
				serving party through the e-JCC program shall be the only approved alternative
				to certified U.S. mail for service of petitions for benefits and responses to
				petitions for benefits. When a represented party e-files a pleading or other
				paper with the OJCC, that party must serve the other party or parties, or their
				designated representative, with a copy of that pleading or paper simultaneously
				by electronic mail, if available. In the event a represented party files a
				pleading or other paper with the OJCC by electronic means, that party shall be
				required to serve the other party or parties, or their designated
				representative, with a copy of that pleading or paper simultaneously by
				electronic means, if available.
(c)
				The following documents shall not be filed with the OJCC unless relevant to an
				issue to be heard and not more than 10 days but at least two days before the
				scheduled hearing: requests or notices to produce and objections or responses
				thereto, deposition transcripts, correspondence between counsel or parties,
				correspondence to the judge or the judge's staff, subpoenas and returns of
				service.
(d) Except for filing
				using e-JCC, electronic mail or facsimile of documents to the judge shall be
				used only when the judge authorizes such use for that document; otherwise, the
				document will not be considered.
(e) Any document, whether filed by electronic
				or other means, received by the OJCC after midnight Eastern Time shall be
				deemed filed as of 8:00 a.m. on the next regular business day.
(f) Any attorney, party, or other person who
				electronically files any document shall be responsible for any delay,
				disruption, interruption of the electronic signals, and readability of the
				document, and accepts the full risk that the document may not be properly filed
				as a result.
(g) If the
				employer/carrier/servicing agent is not represented by counsel, no prior
				petition for benefits has been filed, and the e-mail address for the claims
				representative of the carrier/servicing agent is unknown, the good faith effort
				contemplated by Section
				 440.192(4),
				F.S., may be effectuated by service of a written request for benefits sent to
				the e-mail address of the carrier registered with the OJCC and to the
				employer.
(h) Any document filed
				electronically shall be uploaded individually, except that exhibits, supporting
				documents, and proposed orders for any motion may be filed along with the
				motion. In naming uploaded motions, counsel shall specifically identify the
				type of motion by naming the relief sought. In naming depositions filed
				electronically, counsel shall include the deponent's name and the date of the
				deposition. If an uploaded document is specifically intended as a hearing
				exhibit at the time of filing, the name shall also include "proposed hearing
				exhibit" and the date of the scheduled hearing. All uploaded documents shall
				include sufficient specificity in naming to allow identification of the
				document from the docket remark.
(i) If a document is filed in error using
				e-JCC, the filing party shall file the document in the correct case docket and
				separately file a notice of the error in the case that contains the
				erroneously-filed document.
(j) The
				clerk of the OJCC shall, upon order of the assigned judge, place a document
				under seal and render it thereby viewable only upon further order of the
				assigned judge.