Regulatory News

On November 14, 2024 the Florida First District forwarded the following in a case. It is informative and posted here for public convenience.  FLORIDA DISTRICT COURT OF APPEAL, FIRST DISTRICT Notice in Workers’ Compensation Cases In workers' compensation cases, the court requires all motions for an extension of time to specifically state the circumstances justifying an extension. Motions requesting an extension of time solely on the basis of a busy schedule will not be favorably received. A movant must include in the motion the number of days requested and a date certain when the brief will be filed. Extensions for reply briefs will not be granted except upon showing of an emergency. Generally, the court will not grant a motion for an extension of time which has been filed after the time has expired for serving the brief unless good cause can be shown why the filing was untimely. If more time is needed to ensure filing of the record on appeal, a motion for an extension o...

This notice was recently served by the First District Court on the parties to an appeal. As it may be of interest and benefit to the WC community, it is repeated here verbatim.  FLORIDA DISTRICT COURT OF APPEAL, FIRST DISTRICT  Notice in Workers’ Compensation Cases  In workers' compensation cases, the court requires all motions for an extension of time to specifically state the circumstances justifying an extension. Motions requesting an extension of time solely on the basis of a busy schedule will not be favorably received. A movant must include in the motion the number of days requested and a date certain when the brief will be filed. Extensions for reply briefs will not be granted except upon showing of an emergency. Generally, the court will not grant a motion for an extension of time which has been filed after the time has expired for serving the brief unless good cause can be shown why the filing was untimely. If more time is needed to ensure filing of the record on...

 The Division of Administrative Hearings is consolidating OJCC District Offices in 2022. The following changes are anticipated at this time, but are subject to change as this process proceeds.  Daytona   (DAY)      Flagler and Volusia Counties ; Brevard County added from MEL  Ft. Lauderdale (FTL)     Broward County; No change Ft. Myers (FTM)     Lee, Charlotte, Collier Counties ; Glades and Hendry Counties added from WPB          DeSoto county transferred to SAR Gainesville (GNS) - Consolidated (see Districts TLH, JAX and ORL)      Alachua and Columbia Counties to JAX; Marion County to ORL; Dixie, Gilchrist, and Levy Counties to TLH. Jacksonville (JAX)     Baker, Bradford, Clay, Duval, Nassau, Putnam, St. Johns Counties ; Alachua and Columbia added      from GNS. Lakeland (LKL) - Consolidated (see Districts TPA, SAR)   ...

March 7, 2022 Today, Governor Ron DeSantis was joined by Surgeon General Dr. Joseph Ladapo and world-renowned physicians and epidemiologists to discuss the failures of lockdowns and mandates in response to COVID-19. Lockdown politicians and the medical establishment have continually ignored data, instead choosing to stoke fear and push for lockdowns and mask mandates in their fruitless attempts to “stop the spread.” “Over the past two years, the data has shown us what works and what doesn’t work. It is long past time to stop the COVID Theater,” said Governor Ron DeSantis. “In Florida, we told the truth, we let the data drive our response, and we let Floridians make decisions for themselves and their children. As a result, Florida is in a better spot than states who used fear mongering and mandates." Under the leadership of Governor DeSantis, Florida has continued to stay ahead of the federal government by following sound science – not coercion,” said Surgeon General Dr. Joseph La...

July 13, 2021 To: All Self-Insurers, Insurers, Claim Administrators, Employers, Injured Workers, Attorneys, and Interested Consumers From: Florida Division of Workers' Compensation Subject: Notice of Proposed Rule for 69L-6.007 F.A.C. – Compensation Notice If requested in writing, a workshop regarding Proposed Rule 69L-6.007, F.A.C. – Compensation Notice will be held August 3, 2021 at 9:30 a.m. ET., at 1579 Summit Lake Drive, Tallahassee, FL 32317 SUBJECT AREA TO BE ADDRESSED: Compensation notice and anti-fraud reward program notice. A copy of the Notice of Workshop Hearing may be found here . A copy of the agenda and draft Rule may be found here . "Anti fraud reward program" The official Notice of Development of Rulemaking appeared in the Volume 47, Number 133 of the Florida Administrative Weekly, published on July 12, 2021. If you have questions about the contents of this notice, please contact Pamela Macon, Chief, Bureau of Compliance, Division of Workers' Comp...

The Florida Department of Economic Opportunity has determined the statewide average weekly wage paid by employers subject to the Florida Reemployment Assistance Program Law to be $1,011.07 for the four calendar quarters ending June 30, 2020.   Section 440.12(2), Florida Statutes (2020), expressly provides that, for injuries occurring on or after August 1, 1979, the weekly compensation rate shall be equal to 100 percent of the statewide average weekly wage, adjusted to the nearest dollar, and that the average weekly wage determined by the Department of Economic Opportunity for the four calendar quarters ending each June 30 shall be used in determining the maximum weekly compensation rate with respect to injuries occurring in the calendar year immediately following.   Accordingly, the maximum weekly compensation rate for work-related injuries and illnesses occurring on or after January 1, 2021, shall be $1,011.

The Florida Division of Workers' Compensation submitted a Notice of Meeting/Workshop Hearing for 69L-31, F.A.C. - Utilization and Reimbursement Dispute Rules. The hearing will be held on Wednesday, July 15, 2020, 9:00 a.m. Eastern Time, via webinar. The webinar details are below. You may join the meeting from your computer, tablet or smartphone at the time of the meeting. The link to the GoToMeeting is as follows: https://global.gotomeeting.com/join/573862389 You may also Join via phone at:  United States (Toll Free):  (877) 309-2073 United States: (646) 749-3129 Access Code: 573-862-389

Virtual Workshop The Florida Division of Workers' Compensation submitted a Notice of Meeting/Workshop Hearing for 69L-7, F.A.C. - Workers' Compensation Medical Reimbursement and Utilization Review. The hearing will be held on Wednesday, July 22, 2020, 9:30 a.m. Eastern Time, via webinar. The webinar details are below. You may join the meeting from your computer, tablet or smartphone at the time of the meeting. The link to the GoToMeeting is as follows: https://global.gotomeeting.com/join/962878717 You may also Join via phone at: United States (Toll Free): (877) 309-2073 United States: (571) 317-3129 Access Code: 962-878-717

To: All Self-Insurers, Insurers, Claim Administrators, and Medical Service Providers From: Florida Division of Workers' Compensation  Subject: Notice of Meeting/Workshop Hearing for 69L-31, F.A.C. - Utilization and Reimbursement Dispute Rules The Florida Division of Workers' Compensation submitted a Notice of Meeting/Workshop Hearing for 69L-31, F.A.C. - Utilization and Reimbursement Dispute Rules. The hearing scheduled for Wednesday, June 10, 2020 will not take place and will be held on Wednesday, July 15, 2020, 9:00 a.m. Eastern Time, at 1579 Summit Lake Drive, Room 155, Tallahassee, FL 32317. SUBJECT AREA TO BE ADDRESSED: The hearing is being conducted to receive public input and consider proposed changes to the above-referenced rule chapter. The official Notice of Meeting/Workshop Hearing appeared in the Volume 46, Number 100 of the Florida Administrative Weekly, published on May 21, 2020. If you have questions about the contents of this notice, please contact Theresa Pugh...

April 3, 2020 To: All Self-Insurers, Insurers, Claim Administrators, and Medical Service Providers From: Florida Division of Workers' Compensation Subject: Notice of Development of Rulemaking for the following: 69L-7.710 Definitions 69L-7.720 Forms Incorporated by Reference for Medical Billing, Filing and Reporting 69L-7.730 Health Care Provider Medical Billing and Reporting Responsibilities 69L-7.740 Insurer Authorization and Medical Bill Review Responsibilities The Florida Division of Workers' Compensation submitted a Notice of Development of Rulemaking for 69L-7.710, 69L-7.720, 69L-7.730, and 69L-7.740, F.A.C. A workshop will be held Wednesday, May 27, 2020, 9:30 a.m. Eastern Time, at 1579 Summit Lake Drive, Room 155, Tallahassee, FL 32317. SUBJECT AREA TO BE ADDRESSED: The medical reimbursement and utilization review requirements. The official Notice of Development of Rulemaking appeared in Volume 46, Number 66 of the Florida Administrative Weekly, published on April 3...

The Following was sent by the Division of Workers' Compensation. March 30, 2020 To: All Self-Insurers, Insurers, Claim Administrators, and Medical Service Providers From: Florida Division of Workers' Compensation  Subject: Telehealth and Telemedicine Services Provided Under Chapter 440, Florida Statutes In response to the recent outbreak of COVID-19, the Division of Workers’ Compensation is providing the following information related to telehealth and telemedicine services provided by licensed practitioners to workers’ compensation patients under chapter 440, Florida Statutes. All telehealth and telemedicine services are governed under the Florida Department of Health, section 456.47 , Florida Statutes. Authorized services must be in compliance with section 456.47 , Florida Statutes and Florida Department of Health Emergency Order 20-002 . The provision of telehealth and telemedicine services provided by licensed practitioners must be mutuall...

The Florida Department of Economic Opportunity has determined the statewide average weekly wage paid by employers subject to the Florida Reemployment Assistance Program Law to be $970.58 for the four calendar quarters ending June 30, 2019. Section 440.12(2), Florida Statutes (2019), expressly provides that, for injuries occurring on or after August 1, 1979, the weekly compensation rate shall be equal to 100 percent of the statewide average weekly wage, adjusted to the nearest dollar, and that the average weekly wage determined by the Department of Economic Opportunity for the four calendar quarters ending each June 30 shall be used in determining the maximum weekly compensation rate with respect to injuries occurring in the calendar year immediately following. Accordingly, the maximum weekly compensation rate for work-related injuries and illnesses occurring on or after January 1, 2020, shall be $971.00. Previous Maximum Rates : 01/01/2020 $971 $20 01/01/2019 $939 $20 01/01/2018 $917 $...

The Division of Investigative and Forensic Services, Bureau of Workers’ Compensation Fraud and the Division of Workers' Compensation, Bureau of Compliance issued a joint report summarizing their respective efforts and activities in combating workers' compensation fraud and employer non-compliance. The July 1, 2017 - June 30, 2018 report can be viewed at: https://www.myfloridacfo.com/Division/WC/PublicationsFormsManualsReports/Reports/

On February 12, 2019 The Florida Department of Financial Services, Division of Workers' Compensation announces a public meeting of the Three-Member Panel that will be held on Monday, February 18, 2019, beginning at 1:00 p.m. in room 116 of the J. Edwin Larson Building located at 200 East Gaines Street, Tallahassee, Florida. This public meeting, to which all are invited, has been convened to facilitate the Panel's consideration of the following items: The Three-Member Panel 2019 Biennial Report Rulemaking status update for the 2018 editions of the Reimbursement Manuals The Division's Annual Report on the resolution of health care provider medical reimbursement disputes and activities (2018) conducted pursuant to s. 440.13(8), F.S. The Three-Member Panel Meeting agenda and meeting documents are available here , under the Notices tab. Notice of this public meeting appeared in Volume 45, Number 26 of the of the Florida Administrative Register, published on Febr...

The Florida Department of Economic Opportunity has determined the statewide average weekly wage paid by employers subject to the Florida Reemployment Assistance Program Law to be $939.41 for the four calendar quarters ending June 30, 2018. Section 440.12(2), Florida Statutes (2018), expressly provides that, for injuries occurring on or after August 1, 1979, the weekly compensation rate shall be equal to 100 percent of the statewide average weekly wage, adjusted to the nearest dollar, and that the average weekly wage determined by the Department of Economic Opportunity for the four calendar quarters ending each June 30 shall be used in determining the maximum weekly compensation rate with respect to injuries occurring in the calendar year immediately following. Accordingly, the maximum weekly compensation rate for work-related injuries and illnesses occurring on or after January 1, 2019, shall be $939.00.

The Florida Division of Workers' Compensation submitted a Notice of Proposed Rule for Rules 69L-7.020 and 69L-7.100, F.A.C. Rule Hearings will be held on Tuesday, November 27, 2018, at the times listed below, at 2012 Capital Circle, SE, Room 102, Hartman Building. All times are Eastern. SUBJECT AREA TO BE ADDRESSED: Florida Workers' Compensation Health Care Provider Reimbursement Manual, 2018 Edition; Florida Workers' Compensation Reimbursement Manual for Ambulatory Surgical Centers (ASCs), 2018 Edition. 02:00 p.m., Eastern,  69L-7.100, Florida Workers' Compensation Reimbursement Manual for Ambulatory Surgical Centers (ASCs), 2018 Edition. 03:00 p.m., Eastern,  69L-7.020, Florida Workers' Compensation Health Care Provider Reimbursement Manual, 2018 Edition. The official Notice of Proposed Rule appeared Volume 44, Number 217, of the Florida Administrative Weekly, published on November 6, 2018. If you have questions about the contents of this notice, please contac...

The Florida Division of Workers' Compensation submitted a Notice of Development of Rulemaking for Rule 69L-7.501, F.A.C.  A rule development workshop will be held on Tuesday, November 27, 2018, at 1:00 p.m., Eastern, at 2012 Capital Circle SE, Room 102, Hartman Building. SUBJECT AREA TO BE ADDRESSED: Florida Workers’ Compensation Reimbursement Manual for Hospitals, 2018 Edition The official Notice of Development of Rulemaking appeared in Volume 44, Number 217, of the Florida Administrative Weekly, published on November 6, 2018. If you have questions about the contents of this notice, please contact Theresa Pugh, Program Administrator, Medical Services Section, Division of Workers' Compensation at (850) 413-1721 or Theresa.Pugh@myfloridacfo.com . A copy of the notice and the preliminary text may be found here . Draft version of the reimbursement manual may be found here .

The Florida Division of Workers' Compensation submitted Notice of Proposed Rule for 69L-31, F.A.C.  A hearing will be held Tuesday, November 27, 2018, 11:00 a.m., Eastern, at 2012 Capital Circle, SE, Room 102, Hartman Building, in Tallahassee, Florida. SUBJECT AREA TO BE ADDRESSED: Procedures for the resolution of reimbursement disputes between workers’ compensation carriers and health care providers. Please note that the Division encourages all parties to provide details regarding any potential economic or cost impact related to the proposed rule. The official Notice of Proposed Rule appeared in appeared Volume 44, Number 217, of the Florida Administrative Weekly, published on November 6, 2018. If you have questions about the contents of this notice, please contact Theresa Pugh, Program Administrator, Medical Services Section, Division of Workers' Compensation at (850) 413-1721 or Theresa.Pugh@myfloridacfo.com . A copy of the notice and text of the proposed Rule may be fo...

The Florida Division of Workers' Compensation submitted a Notice of Proposed Rule for Rule 69L-3.009, F.A.C.  If requested within 21 days of the notice, a hearing will be held on Tuesday, November 27, 2018, 9:00 a.m. ET, at the Hartman Building Room 102, 2012 Capital Circle SE, Tallahassee, FL 32301. A new rule is being introduced due to the passage of CS/CS/SB 376, which added subsections (5) and (6) to section 112.1815, Florida Statutes (F.S.). Section 112.1815(5)(f), F.S., requires the Department of Financial Services to adopt rules specifying injuries qualifying as grievous bodily harm of a nature that shocks the conscience. If you have questions about the contents of this notice, please contact Brittany O’Neil, Policy Coordinator, Division of Workers' Compensation at (850) 413-1927 or brittany.oneil@myfloridacfo.com . Rule draft: 69L-3.009 Injuries that Qualify as Grievous Bodily Harm of a Nature that Shocks the Conscience. Pursuant to section 112.1815(5), F.S., for pur...

On October 14, 2018, Governor Rick Scott directed Florida Insurance Commissioner David Altmaier to take every action authorized pursuant to Executive Order 18-276 to provide additional protections to support recovery efforts as it relates to Hurricane Michael’s impact on Florida families as well as Florida policyholders. On October 15, 2018, Commissioner Atlmaier issued the following Emergency Order enacting those protections for Florida policyholders: https://floir.com/sitedocuments/234790-18-EO_Hurricane%20Michael_Suspension_of_Certain_Rules.pdf In response to the Emergency Order, the Florida Division of Workers’ Compensation will review policies reported since September 27, 2018 and automatically extend coverage for the policies in the affected counties in accordance with the time frames set forth in the Order.