Thursday, April 19, 2012

e-filing is MANDATORY

Electronic filing is mandatory by rule and statute.  The OJCC has delayed enforcing this as we updated our e-JCC platform to accommodate multiple parties, out-of-state accidents and other issues which lawyers identified for us. The OJCC Website and other communications have been warning that enforcement would be occurring soon. Effective April 20, 2012, we will be enforcing the mandatory e-filing requirement.  Paper filing is still permissible for unrepresented parties, but the rule requires that any such paper filing is to be sent to the OJCC Clerk in Tallahassee.  60Q6.108(1). The address changed last year, and the Post Office Box has been closed, check the website for details.

If you file paper documents in violation of the rule, or e-file petition images (PDF) that were not created through our e-PFB tool, the filings will be docketed and you will receive a warning notice on the first occasion.  On subsequent such paper filings by the same attorney, the pleading may be stricken.  If good cause exists for excusing this requirement, filers should explain that good cause in a motion (See Rule 60Q6.115(1), "Any request for an order or for other relief shall be by motion") filed simultaneously with the paper pleading.

Please feel free to contact me at your convenience if you need help registering for or using the e-JCC platform.  We look forward to assisting you with the transition to e-filing.

The notice that will be provided upon the first failure to use the e-filing platform will look substantially like this:


STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
OFFICE OF THE JUDGES OF COMPENSATION CLAIMS

NOTICE OF UNAUTHORIZED FILING METHOD
Electronic filing by represented parties in workers’ compensation proceedings became mandatory on October 31, 2010.  A hard-copy or facsimile version of the attached pleading was filed with the Office of the Judges of Compensation Claims in violation of Fla. Admin. Code R. 60Q-6.108(1)(a), and Fla. Stat. §440.192(1) if the pleading is a Petition for Benefits.  Fla. Admin. Code R. 60Q-6.108(1)(a) provides in pertinent part:
“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.”
            Fla. Stat. §440.192(1) provides in pertinent part:
            An employee represented by an attorney shall file by electronic means approved by the Deputy Chief Judge. An employee not represented by an attorney may file by certified mail or by electronic means approved by the Deputy Chief Judge.”
The filer is advised that the pleading was docketed, but is warned that subsequent pleadings that are not electronically filed as required may be stricken by order.  The OJCC clerk’s office is available to assist anyone with eJCC registration and use.

Clerk's Office
Division of Administrative Hearings
Office of the Judges of Compensation Claims
1180 Apalachee Parkway, Suite A
Tallahassee, Florida 32301
850-487-1911