Weather Emergency Order AO2024-01

 STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS OFFICE OF THE JUDGES OF COMPENSATION CLAIMS

 

Administrative Order Regarding May 10, 2024 Weather Emergency

Order 2024-01

 

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ORDER RE FILING DEADLINES, MEDIATION, TRIAL

AND THE WEATHER EMERGENCY OF MAY 10, 2024.

 

 

This order follows the May 10, 2024 emergency weather event in Tallahassee, Leon County, Florida. Pursuant to the authority in Chapter 440, Florida Statutes, Executive Orders 24-94 and 24-95, and the authorities cited therein, I find:

1.   A state of emergency exists in Florida, necessitated by extreme weather that struck the state Capital early on May 10, 2024. The results were significant in terms of power outages and the Office of Judges of Compensation Claims was severely impacted by the loss of electrical power resulting in statewide loss of e-filing, e-service, web page communication, email, and internet service at all OJCC District Offices.

2.   The system outage rendered e-filing and e-service inaccessible to all legal practitioners and other registered users of the e-JCC system. It disrupted business and legal office functions throughout Florida.

3.   The ability of this Office to conduct hearings, receive and distribute legal documents, and facilitate the public was interrupted from approximately 08:00 on May 10, 2024, to 11:00 on May 14, 2024.

4.   All OJCC District Offices were temporarily closed administratively due to the inability to function without access to the data and communications systems. Those closures were publicized on social media.

5.   No mediation appointments were canceled by this Office. However, it is possible that some erroneously translated the administrative closure of various offices into assumptions of mediation cancellation. All OJCC mediators are capable of performing duties remotely, and therefore any cancellations or rescheduling were accomplished through direct communication and cooperation.

6.   The procedure for hearings and mediation are found in Section 440.25, Fla. Stat. This provides that mediation “shall be held within 130 days after the filing of the petition.” In furtherance of that requirement, each assigned mediator has discretion to reschedule mediation proceedings within the 130-day parameter. Rule 60Q6.110(2)(c). Any continuation beyond that period requires judicial approval upon either an agreement or proper motion. Rule 60Q6.110(2)(b).

WHEREFORE, it is ORDERED:

A.    Filing deadlines that expired on May 10, 11, 12, 13, or 14, are each extended five (5) days and are therefore May 10 (extended to Wednesday, May 15), May 11 through May 14 all extended through May 20, 2024.

B.    Any party needing relief as regards any non-attendance at mediation on May 10, May 13, or May 14, 2024, shall take that need to the assigned mediator for accommodation within the 130-day period or to the assigned judge if further relief is necessary. Rule 60Q6.115.

C.  Trials and hearings scheduled on May 10, 13, and 14 that did not proceed as scheduled will be addressed by the assigned judge.

DONE AND PUBLISHED this 14th day of May, 2024, in Tallahassee, Leon County, Florida.

 

 

S                                        

David W. Langham

Judge of Compensation Claims (850)595-6310 www.jcc.state.fl.us

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