Fla. Admin. Code R. 60Q-6.108

Current through Reg. 50, No. 235-239, December 10, 2024

Section 60Q-6.108 - FILING AND SERVICE

(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.

(2) Service. Service is effectuated by:

(a) Handing the document to the party or, if represented, the party's attorney of record;

(b) Leaving the document at the attorney's office with a clerk or other person in charge or leaving it in a conspicuous place in the office;

(c) If the office is closed or the person to be served has no office, leaving the document at the person's residence with a member of the person's family above 15 years of age and informing that person of the contents;

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

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

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

(3) Service by facsimile or electronic mail after midnight Eastern Time shall be deemed to have been made on the next day that is not a Saturday, Sunday, or legal holiday.

(4) Service by delivery after the clerk's office in Tallahassee is scheduled to close at 5:00 p.m. Eastern Time shall be deemed to have been made on the next day that is not a Saturday, Sunday, or legal holiday.

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

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

(7) 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.

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

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

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

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

(12) All employers, self-insurers, third-party administrators, and carriers shall register a single, general delivery, email 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-insurer, third-party administrator, and carrier shall be responsible for amending name, email address, physical address, and telephone number as necessary for it to remain current. Original registrations and amendments to information shall be submitted by company representative via e-mail.

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

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

Fla. Admin. Code Ann. R. 60Q-6.108

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.

New 2-23-03, Amended 11-1-06, 10-31-10, 10-31-12, Amended by Florida Register Volume 40, Number 210, October 28, 2014 effective 11/10/2014, Amended by Florida Register Volume 48, Number 021, February 1, 2022 effective 2/14/2022.

New 2-23-03, Amended 11-1-06, 10-31-10, 10-31-12, 11-10-14, 2-14-22.