I came across an interesting story recently in the Florida Current that described the two year journey of the Agency for Workforce Development in developing a new website. The article describes how consolidation into the new Department of Economic Opportunity necessitated an overhaul, "creating a content management system to manage jobless claims" and to integrate the web presence.
Perhaps this is
not news, or perhaps it only interests those of us valiantly struggling with
the challenges of keeping pace with the ever-changing world of technology. The
article notes that "so far" this website redesign has cost
about three quarters of a million dollars. Coincidentally, it is that time of
year and the OJCC is in the process of preparing to publish the statutorily
mandated annual report to the legislature. That report will note between the
OJCC deployment of e-filing in 2005, through the end of the last fiscal year
(06.30.12), users have saved about $1,310,177 through use of the e-JCC platform
and e-filing. I note this because to date, the OJCC has not spent an aggregate
of one million dollars on the entire e-JCC platform.
Coincidentally,
the Florida Supreme Court is moving forward with electronic filing. In an
opinion of June 21, 2012, the Court adopted rule amendments characterized as
"a significant and important step toward our goal of a fully electronic
court system." The opinion reiterates the Court's 1996 conclusion
that the "judicial branch was rapidly moving into the information
age." The Court adopted electronic filing and electronic service,
see SC11-399 and SC10-2101.
For the last two
years, we have discussed the next step in the development process of E-JCC,
e-service. Deployment of this tool has been frustrated
by vacillation in a plan to centralize state e-mail systems. There
was a plan for such centralization, and we held-off deploying e-service in
anticipation of our migration to a new e-mail platform. Last legislative
session, that centralization plan was scrapped, and we learned that the OJCC
would remain on the existing e-mail platform. Since that decision, we have
arranged to upgrade our e-mail capability, both hardware and software, and
strengthen the system that will be the foundation of e-service.
The implementation process
now draws to a close. The OJCC is ready to deploy the e-service tool for which
you have been waiting. The OJCC is not a court. The Office of the Judges
of Compensation Claims ("OJCC") is not part of the Florida Judiciary
which is created, defined and regulated by Article V. of the Florida
Constitution. Jones v. Chiles, 638 So.2d 48 (Fla.
1994); see also, Millinger v. Broward County Mental Health & Risk
Mgmt., 672 So.2d 24, 27 (Fla. 1996). The OJCC “is not a court of this State
because it is neither the supreme court, a district court of appeal, a circuit
court, nor a county court.” Amendments to the Florida Rules of Workers'
Compensation Procedure, 891 So.2d 474 (Fla. 2004). Furthermore, the
Supreme Court concluded that it "has no authority under the
Florida Constitution, nor has this Court ever had the constitutional
authority to promulgate rules of practice and procedure for” the
Office of Judges of Compensation Claims. Amendments, at 479.
The Legislature historically delegated the authority for adopting procedural rules regarding workers’ compensation to the Florida Supreme Court, see, Fla. Stat. §440.29(3)(1993). Pursuant to that delegation of authority, the Court adopted procedural rules in 1979. In 1994 the Legislature mandated in Fla. Stat. §440.45(5)(1994) that the OJCC "promulgate" rules of procedure, to supplant and replace the procedural Rules adopted by the Supreme Court. In 2001, the Legislature mandated that the Office of the Judges of Compensation Claims to "adopt" such rules, and stated the Supreme Court Rules shall govern "until the rules adopted by the OJCC pursuant to this section become effective." Fla. Stat. §440.45(2001). On February 23, 2003, the OJCC did enact procedural rules, designated 60Q-6.101, et seq. The statutory mandate for the OJCC to adopt rules was recognized by the Supreme Court in declining to adopt amendments to its Rules of Worker's Compensation Procedure, and in repealing those rules in 2004 as an “unconstitutional encroachment on the power of the executive branch to adopt rules of procedure for its own agencies.” Amendments, at 479.
E-Service for the
OJCC will not proceed down the path selected by the Supreme Court. Their
choices and rules (the Rules of Judicial Administration) are logical and are
designed to meet the needs of the vast assortment of parties and litigation
which the Florida Courts service. The OJCC, however, has different needs and
requirements. One of these is the methodology for leveraging the electronic
paradigm to decrease litigation expense, specifically in the requirement of
certified mailings. Therefore, practitioners will need to remain conscious of the differences between civil practice and workers' compensation. One will be the manner of email address maintenance. Another will be the "five days for mailing" differences. Each will be addressed specifically in coming posts.
The new OJCC
Rules will be published soon. Watch the OJCC website for details, or follow us
on Twitter for instant updates as we continue to work to make this paradigm a
reality for you.
