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Bar members would have to report any criminal charge against them to the Bar under a proposed rule that is before the Board of Governors.The board reviewed three proposed rules from the Disciplinary Procedure Committee at its May 28 meeting. They will come back for final approval at the board’s August 13 meeting.One proposed amendment is to Rule 3-7.2(c). That rule currently requires a Bar member to report any felony conviction to the Bar. The proposed change would have members report any criminal charge, felony, or misdemeanor, as well as any criminal conviction. The rule would also have state attorneys report charges and convictions, if they know the defendant is a Bar member.The second proposed change would prohibit lawyers from making an agreement with a client requiring mandatory arbitration of prospective or existing malpractice claims, unless the client is first advised in writing that he or she should seek independent counsel.That provision would be added to Rule 4-1.8(h).The third change clarifies that chief branch counsels may defer a grievance investigation during the pendency of related civil or criminal case. Notice would be given to the board member who is the designated reviewer for that case.Construction Law Certification Committee members needed July 1, 2004 mail Notices July 1, 2004 Notices Senior judges seek continued service Florida Supreme Court Justices: Ben F. Overton, and Leander J. Shaw, Jr. Review Board One: Alban E. Brooke, Erwin Fleet, J. Lewis Hall, Jr., James L. Harrison, Wallace M. Jopling, George H. Pierce, Larry G. Smith, John D. Southwood, Francis E. Steinmeyer III, Joseph Q. Tarbuck, and Richard O. Watson.. Review Board Two : Horace A. Andrews, Robert E. Beach, E. Randolph Bentley, Fred L. Bryson, Paul W. Danahy, Jr., Daniel E. Gallagher, Thomas M. Gallen, John M. Gilbert, Roland Gonzalez, Oliver L. Green, Jr., Helen S. Hansel, Robert E. Hensley, William C. Johnson, Jr., William Clayton Johnson, Robert F. Michael, Jr., Gerard J. O’Brien, Jr., R. Wallace Pack, Howard P. Rives, John M. Scheb, Jack R. Schoonover, Lynn N. Silvertooth, Gilbert A. Smith, Ralph Steinberg, Kirby Sullivan, and Edward F. Threadgill, Jr., Review Board Three : Thomas H. Barkdull, Jr., Jack Block, Phillip Cook, Robert M. Deehl, Richard Y. Feder, Seymour Gelber, William E. Gladstone, Rosemary Usher Jones, Robert P. Kaye, Edward S. Klein, Gerald J. Klein, Murray Z. Klein, Joseph Nesbitt, Robert H. Newman, Leonard Rivkind, Michael H. Salmon, Harold Solomon, Arthur H. Taylor, and David L. Tobin. Review Board Four : Eli Breger, Richard B. Burk, James T. Carlisle, David C. Clark, Patricia W. Cocalis, Walter N. Colbath, Jr., Robert O. Collins, John W. Dell, Ellis T. Fernandez, Jr., Robert J. Fogan, William L. Hendry, Harry G. Hinckley, Bernard R. Jaffe, Allen A. Kornblum, Gerald Mager, James A. McCauley, William C. Owen, Jr., Edward Rodgers, Rupert J. Smith, Charles E. Smith, C. Pfeiffer Trowbridge, and O. Edgar Williams, Jr. Review Board Five: John W. Booth, Stephen L. Boyles, Warren H. Cobb, S. Joseph Davis, Jr., E.L. Eastmoore, Murray Goldman, Robert E. Lee, Jr., Robert B. McGregor, C. Vernon Mize, Jr., Melvin Orfinger, Frederick T. Pfeiffer, Robert W. Rawlins, Jr., W. Thomas Spencer, Harry Stein, Richard G. Weinberg, J. William Woodson, and Theraon A. Yawn, Jr.Bar Examiner opening available Florida Board of Bar Examiners Vacancy: Lawyer applicants are being sought to fill one vacancy on the Florida Board of Bar Examiners.The Board of Governors will be selecting three nominees for one lawyer vacancy at its August 13 meeting. The nominations will then be forwarded to the Supreme Court to fill the remainder of a five-year term commencing immediately and expiring on October 31, 2008.Attorney members must have been a member of The Florida Bar for at least five years. They must be practicing lawyers with scholarly attainments and have an affirmative interest in legal education and requirements for admission to the Bar. Appointment or election to the bench at any level of the court system will disqualify any applicant. Law professors or trustees are ineligible.Board members of the Bar Examiners must be able to attend approximately ten meetings a year in various Florida locations. Members volunteer 300 or more hours per year on Board business depending on committee assignments. Actual travel expenses connected with the meetings and examinations are reimbursed.Persons interested in applying for this vacancy may download the application from the Bar’s website, www.flabar.org, or should contact The Florida Bar at 850/561-5600, ext. 5757, to obtain the proper application form. Applications may also be obtained by writing the Executive Director, The Florida Bar, 651 East Jefferson Street, Tallahassee, Florida 32399-2300. Completed applications must be received no later than the close of business Friday, July 16, 2004. Resumes will not be accepted in lieu of the required application. The Board of Governors will review all applications and may request telephone or personal interviews.Friedman petitions for reinstatement On May 20, the Supreme Court approved standards for board certification in construction law.Members of The Florida Bar who have an interest in serving on the inaugural nine-member certification committee should send a letter of interest and a resume to: The Florida Bar, 651 East Jefferson Street, Tallahassee 32399-2300 to the attention of Vicki Brand, assistant to the executive director, by July 15.Pursuant to Rule 6-3.2, Rules Regulating The Florida Bar: “Initial committee appointees shall be eminent attorneys in each field, shall be members in good standing of The Florida Bar, and shall have been admitted to The Florida Bar no less than 10 years.” Rule 6-24.2(c) also provides that the “construction law certification committee shall include a minimum of three members with experience in transactional construction law and three members with experience in construction law litigation.” Members appointed to the initial committee are certified by virtue of appointment.As stated by the court in Amendment to the Rules Regulating The Florida Bar, case no. SC03-705 [May 20, 2004], “Addition of construction law further expands the existing certification plan as a resource for the public to identify lawyers who have met established standards in particular practice areas and who are committed to excellence and professionalism in the practice of law. The opportunity is likewise broadened for lawyers to achieve board certification as a visible way to demonstrate their commitment to quality and professionalism in the delivery of legal services.”It is anticipated that applications for board certification in this area will be available in the fall 2004, and the first exam scheduled in the spring 2005. Individuals interested in applying for certification in construction law, or any of the other 19 practice fields, may contact The Florida Bar Legal Specialization & Education Department at (850) 561-5842 or visit www.flabar.org for more information.IN THE SUPREME COURT OF FLORIDA AMENDMENTS TO THE FLORIDA RULES OF WORKERS’ COMPENSATION, CASE NO. SC04-110 RULE 4.020. DEFINITIONS The following definitions apply to all workers’ compen­sation proceedings. (a) “Carrier” means any licensed insurance carrier, self-insured employer, self-insurance fund, or pool providing workers’ compensation insurance coverage under chapter 440, Florida Statutes, and includes the servicing agents of self-insureds. (b) “Deputy chief judge” means the deputy chief judge appointed by the Governor, serving in the Office of the Judges of Compensation Claims within the Department of Management Services, Division of Administrative Hearings under chapter 440, Florida Statutes. (c) “Claim” means any element of a petition for benefits or other entitlement for which judicial relief is sought. A claim not contained in a petition for benefits may be made only under rule 4.025. (d) “Department” means the Florida Department of Management Services, Division of Administra­tive Hearings Financial Services. (e) “Division” means the Division of Workers’ Compensation of the Florida Department of Labor and Employment Security Financial Services. (f) “EAO” means the Employee Assistance and Ombudsman Office created by section 440.191, Florida Statutes. (g) “Facsimile” means the electronic transmission of documents by electronic signal that, when received, can be transformed by electronic means and stored on paper, microfilm, magnetic storage device, optical disk, or other storage media. (h) “Filing” means delivery to the Office of the Judges of Compensation Claims or the judge, as the context of chapter 440, Florida Statutes, or of these rules requires. (i) “Forms” means forms incorporated in these rules and promulgated pursuant to chapter 440, Florida Statutes. (j) “Impasse” means the parties’ inability to reach a mutually acceptable and voluntary agree­ment as to any matter at the mediation conference. (k) “Informal dispute resolution” means the procedure established by section 440.191, Florida Statutes. (l) “Joint petition” means a pleading filed jointly by the parties seeking approval of the stipulation in which the claimant receives a lump-sum payment of past or future benefits, or a combination of both, or a release of a lien against a third party, in exchange for releasing the carrier from liability for certain benefits as allowed under section 440.20(11)(a)–(b), Florida Statutes. (m) “Judge” means judge of compensation claims serving in the Office of the Judges of Compensation Claims within the Department of Management Services, Division of Administrative Hearings under chapter 440, Florida Statutes. (n) “Mediation agreement,” also known as a “medi­a­tion settlement agreement,” means a mu­tu­ally accept­able and voluntary written or recorded agree­ment reached by the parties at a mediation conference, with the assistance of a mediator, resolving completely or partially a workers’ com­pen­sation dispute or claim. (o) “Mediation conference” means an informal, non­adversarial negotiation or settlement conference attended by the interested parties and supervised and conducted by a mediator. (p) “Mediator” means the person who conducts a mediation conference. (q) “Office of the Judges of Compensation Claims” is the office within the Department of Management Services, Division of Administrative Hearings where the deputy chief judge and judges of compensation claims preside. (r) “Parties” include the employee, claimant, employer, carrier, health care provider, and division. (s) “Petition for benefits” means a pleading meeting , specifically but not limited to, the requirements of sections 440.02(40) and 440.192(1)–(4), Florida Statutes, that invokes the jurisdiction of the judge. (t) “Petitioner” or “claimant” means any person making a claim. A “petitioner” or “claimant” is a party within the meaning of these rules. (u) “Pleading” means any paper or document filed under these rules invoking the jurisdiction of or seeking relief from the judge or any court under chapter 440, Florida Statutes , and responses to petitions for benefits. The request for assistance or other contact with the EAO is not a pleading that invokes the jurisdiction of the judge. (v) “Procedural motion” means a motion relating to procedure or discovery that does not seek adjudi­cation of entitlement to benefits. Motions that do not seek adjudication of entitlement to benefits and are based upon stipulated facts requiring no other evidence also shall be treated as procedural motions. (w) “Request for assistance” means the initiation of the informal dispute resolution procedure estab­lished by section 440.191, Florida Statutes. ( x w ) “Verified pleading” means a pleading the facts of which are attested to under oath. Committee Notes 1979 Adoption. These definitions adapt to the 1979 legislation by which, for instance, the Bureau of Workmen’s Compensation was upgraded to a Division [of Workers’ Compensation]. This replaces rule 2, 1977 W.C.R.P. 1988 Amendment. This rule is revised to include definitions of “carrier” (to include self-insureds and servicing agents) and “claimant” (to include any party with standing to bring a claim under chapter 440, Florida Statutes). 1996 Amendment. Many new definitions were added and the list was alphabetized. 2004 Amendment. Subdivisions (d) and (e) are amended to conform to the 2002 changes to sections 440.12(12) and (14), Florida Statutes, respectively. Subdivision (s) is amended to conform to the 2003 changes to section 440.02(40), Florida Statutes. Subdivision (w) is deleted to conform to the 2002 changes to section 440.191, Florida Statutes, and the following subdivision is relettered accordingly. RULE 4.028. PETITION FOR BENEFITS (a) Generally. (1) Service. A petition under chapter 440, Florida Statutes, shall be filed by certified mail, or by electronic means approved by the deputy chief judge upon the employer, carrier, and the Office of the Judges of Compensation Claims in Tallahassee. Counsel for each party and any un­repre­sented party shall be served under rule 4.030. Upon receipt of the petition, the deputy chief judge shall refer the petition for benefits to the presiding judge of com­pensation claims pursuant to section 440.192(1), Florida Statutes. (2) Form. A petition shall meet the specificity requirements of sections 440.02(40) and 440.192(2) and (3), Florida Statutes, shall include a request for a hearing, and shall be in substantial compliance with the forms of these rules. The judge may request the EAO to assist unrepresented employees in filing a petition, as provided in section 440.192(2), Florida Statutes. (3) Fraud Notice. A petition shall contain the fraud notice contained in section 440.105(7), Florida Statutes, and shall personally be signed and attested to by the petitioner. (4) Certificate of Good-Faith Effort. A petition must include a certificate by the claimant or, if the claimant is represented by counsel, by the claimant’s attorney stating the claimant or attorney has made a good-faith effort to resolve the dispute and the claimant or attorney was unable to resolve the dispute with the carrier. (5) Certificate of Completion of Informal Administrative Remedies Compliance with Managed Care Requirements . A petition shall also include a certificate that one of the following has occurred: (A) The informal dispute resolution process required by section 440.191, Florida Statutes, has been concluded. (B) The EAO has declined to consider the matter. (C) The parties were unable to resolve the dispute within 30 days after a request for assistance was made to the EAO. (D) If medical care is being provided to the employee through managed care and the petition includes a claim for medical care under section 440.13(2)(a) and (b), Florida Statutes, the petition shall also include a certificate that must indicate that the grievance procedures required by section 440.134(15), Florida Statutes, were exhausted before filing the petition under section 440.192(3), Florida Statutes. (b) Amended Petition for Benefits. A petition cannot be amended except by stipulation of the parties and approval by the judge. Such an amended petition shall not be subject to the informal dispute process or review by the presiding judge. (c) Employer/Carrier Petition for Benefits. The employer or carrier may file a petition seeking an adjudication of any issue. (d) Consolidation. Successive petitions may be consolidated by the judge on his or her own motion or on the motion of any party for purposes of any proceeding under chapter 440, Florida Statutes. Committee Notes 1996 Adoption. Replaces rules 4.050 and 4.070. This rule is intended to standardize the form for a petition for benefits and the preparation of such forms by counsel resulting from the 1993 amendments to chapter 440, Florida Statutes. The request or application for hearing is now incorporated in the petition and no longer is a separate pleading. The grievance procedures referred to in subdivision (a)(5)(D) are the procedures required by section 440.134(15), Florida Statutes, and not chapter 120, Florida Statutes. 2004 Amendment. The amendments to subdivisions (a) and (b) conform the rule to the 2002 and 2003 changes to section 440.191, Florida Statutes. RULE 4.029. REVIEW OF PETITION (a) Generally. After receiving the petition, the deputy chief judge shall immediately forward the petition and all attachments filed with or received by the Office of the Judges of Compensation Claims to the presiding judge of compensation claims. (b) Review. Upon receipt, the Office of the Judges of Compensation Claims shall review each petition and attachments to determine if the require­ments of sections 440.192 and 440.32(3), Florida Statutes, have been met. (c) Dismissal of Petitions Without Prejudice. If the issues raised in the petition do not meet the requirements of sections 440.192(2)–(4), Florida Statutes, the Office of the Judges of Compensation Claims shall, or the presiding judge of compensation claims may, upon their own motion or the motion of any party, dismiss the petition or any portion of such a petition without prejudice. The claimant must be allowed 20 days after the date of the order of dismissal in which to file an amended petition. The dismissal of any petition or portion of such petition under this section does not require a hearing. (d) Dismissal of Petitions With Prejudice. If the judge intends to dismiss the petition with prejudice, the judge must conduct a hearing on the matter after giving the parties 5 days’ written notice. (e) Extension of Mediation, Pretrial, and Final Hearing Deadlines. Statutorily mandated mediation, pretrial, and final hearing deadlines shall may be extended if a hearing under this rule is required as set forth in section 440.25, Florida Statutes. Committee Notes 1996 Adoption. The docketing judge’s ruling on specificity under section 440.192, Florida Statutes, or on the issue of whether the allegations contained in the petition were well grounded as required under section 440.32(3), Florida Statutes, is not a final determination on either issue. Subject to the time limitations of section 440.192(5), Florida Statutes, a motion to dismiss for lack of specificity or for failure to exhaust EAO remedies may be filed with the presiding judge. The same is true for a motion to strike or dismiss the petition for lack of an appropriate signature or for a motion to impose a sanction under section 440.32(3), Florida Statutes. 2004 Amendment. The amendment to subdivision (e) clarifies that continuances are subject to section 440.25, Florida Statutes. RULE 4.030. FILING AND SERVICE (a) Filing. Unless otherwise ordered or provided by these rules or chapter 440, Florida Statutes, any pleading or other papers filed in proceedings shall be served on each party. If a party has known representation, service shall be made upon the attorney for the party, except when service upon a party is required by law. In such situations, service shall be made upon the party and attorney. (b) Method of Service. (1) How Service Is Made. Delivery of a copy within this rule shall mean (A) handing it to the attorney or party; (B) leaving it at the attorney’s office with a clerk or other person in charge thereof, or if there is no one in charge, leaving it in a conspicuous place therein; (C) if the office is closed or the person to be served has no office, leaving it at the person’s usual place of abode with a member of the person’s family above 15 years of age and informing such person of the contents; (D) placing it in the United States mail; or (E) transmitting it by facsimile. Service by delivery or by facsimile after 5:00 p.m. shall be deemed to have been made on the next day that is not a Saturday, Sunday, or legal holiday. (2) Service by Mail. (A) When service is made by mail, the copy shall be mailed by United States mail, postage prepaid, to the last known address of the party or attorney. Petitions must be sent by certified mail. (B) Service by mail shall be complete upon mailing. (C) Except for a petition, when service is made by mail, 5 days shall be added to the time allowed for the performance of any act required to be done, or allowed to be done, within a certain time after service. This does not apply to filing requirements for institu­tion of appellate proceedings or notices of hearings. (3) Service by Facsimile Device. (A) When a facsimile device is used, a cover sheet or its equivalent providing the sender’s name and telephone number shall be included and a copy of the document shall be sent simultaneously to the recipient by mail. (B) The sending party shall retain proof of the transmission. (C) Delivery shall be complete on transmission of a complete facsimile of the document. (4) Service or Filing by Electronic Means. (A) When service or filing is made by electronic means approved by the deputy chief judge, the document must be served as provided by Fla. R. Jud. Admin. 2.090. (B) The sending party shall retain proof of the transmission. (c) Certificate of Service. When required, any attorney or unrepresented party shall certify in substance: “I certify that a copy has been furnished to. ….(name or names and address or ad­dresses)….. by. ….(method of delivery)….. on. ….(date)…… Attorney (or unrepresented party)” The certificate shall be taken as prima facie proof of such service in compliance with these rules. (d) Subpoenas. Issuance, service, and proof of service of subpoenas of the judge of compensation claims shall be in the form and manner provided by the Florida Statutes and the Florida Rules of Civil Procedure. Committee Notes 1979 Adoption. This replaces rule 2(h), 1977 W.C.R.P., which merely provided “‘Service’ shall be as provided in the Florida Rules of Civil Procedure.” Subdivision (c) replaces rule 3(b), 1977 W.C.R.P. The caveat to the filing of appellate proceedings is to warn of the jurisdictional nature of section 440.25(4)(f), Florida Statutes (1979), which provides: Beginning on October 1, 1979, procedures with respect to appeals from orders of deputy commissioners shall be governed by rules adopted by the Supreme Court. Such an order shall become final 30 days after mailing of copies of such order to the parties, unless appealed pursuant to such rules. The provisions of paragraphs (a)–(e) shall apply only until September 30, 1979. 1984 Amendment. Clarifies rules 3(c) and 8(a) by specifically excluding 15-day hearing notice from operation of rule 3(c). 1988 Amendment. This rule is not intended to confer standing to sue on any person not accorded such standing by Florida Statutes. 1996 Amendment. Further clarifies method of service of pleadings and specifically includes service by facsimile device. 2004 Amendment. The amendment to subdivision (a) conforms service with the definition in the Florida Rules of Civil Procedure. RULE 4.045. PRETRIAL PROCEDURE (a) Generally. If the parties fail to agree to written submission of a pretrial stipulation, the judge shall conduct a live pretrial hearing. The judge shall, on a motion by any party, hold a pretrial hearing. If no pretrial hearing has been noticed previously, the judge shall schedule a pretrial hearing after receiving a notice of impasse from the mediator. (b) Notice of Pretrial. The judge shall give parties at least 7 14 days’ notice of a pretrial hearing by mail and may combine the notice of the pretrial hearing with the other notices. Unless the judge indicates otherwise, pretrial hearings will be held in the county where the judge’s office is located. (c) Continuance. Pretrial hearings may be continued or extended with prior approval of the judge. (d) Appearance of Counsel. Counsel for the parties shall appear at the pretrial conference. If attendance is not waived by the judge following proper notice, nonlocal attorneys, as defined in the pretrial order, may appear by phone. (e) Telephone Hearing. The judge may conduct the pretrial hearing by telephone at the request of any party or on the judge’s own motion, provided all parties are represented by counsel. (f) Waiver of Hearing. If all parties are repre­sented by counsel, the judge may waive attendance or cancel the pretrial hearing if a written pretrial stipulation is filed with the judge before the date of the pretrial hearing. In such cases, all parties will be presumed to have a full and complete under­standing of all issues involving benefits claimed, the defenses asserted, the witnesses to be presented, and the exhibits to be introduced into evidence. (g) Attendance. If a party or a party’s attorney fails to attend the hearing without good cause, the judge may dismiss the petition or claim, strike defenses, or take such other action as may be authorized by law or rule 4.150. (h) Purpose of Pretrial. At the pretrial con­ference, the parties shall: (1) state and simplify the claims, defenses, and issues; (2) stipulate and admit to such facts and docu­ments as will avoid unnecessary proof; (3) present, examine, and mark all exhibits for identification, including all impeachment and rebuttal exhibits; (4) furnish the opposing party the names and addresses of all witnesses, including impeachment and rebuttal witnesses. A party may be required to provide a statement of subject matter of the ex­pected testimony of one or more witnesses; (5) exchange all available written reports of experts when expert opinion is to be offered at trial. The reports should clearly disclose the expert opinion and its basis on all subjects on which the expert will testify. If stipulated into evidence, the reports shall be presented to the judge to be so marked. The parties shall consider and determine a limitation of the number of expert witnesses; (6) estimate trial time and schedule the final hearing; and (7) consider and determine, as appropriate, such other matters as may aid in the disposition of the case, including, but not limited to, referral to additional mediation or appointment of an expert medical advisor under section 440.13(9)(c), Florida Statutes. (i) Forms of Stipulations. The appropriate pre­trial stipulation and pretrial compliance ques­tionnaire shall be used. Exhibits shall be attached to the pretrial stipulation. (j) Final Witness Lists, Final Exhibit Lists, Supplements, and Amendments. Final witness lists, final exhibit lists, supplements, and amend­ments to the pretrial stipulation shall be served no later than 30 days before the final hearing. Witness lists, exhibit lists, supplements, and amendments served less than 30 days before the final hearing must be approved by the judge or stipulated to by the parties. A motion seeking such approval is a procedural motion. (k) Motion Hearings at Time of Pretrial. At the discretion of the judge and on filing and service of motion and notice of hearing not less than 5 days before the date of the pretrial hearing, procedural motions may also be heard at the time of the pre­trial hearing. ( l ) Pretrial of Penalty Hearings. (1) When an employer or carrier has protested an assessment by the division of penalties, fines, or interest under sections 440.185 or 440.20, Florida Statutes, the judge shall cancel and waive atten­dance at a pretrial hearing regarding a hearing on such penalties, fines, or interest if a written pretrial stipulation is filed with the judge before the date of any scheduled pretrial hearing. (2) Pretrial stipulations regarding penalties, fines, or interest assessed against an employer or carrier shall be substantially the same as form 4.916. (3) The division shall complete its portion of the pretrial stipulation and mail or otherwise deliver the original and one copy to the employer or carrier. The division shall file a notice of filing with the judge indicating the stipulation has been delivered to the employer or carrier for completion. The employer or carrier shall complete its portion of the pretrial stipulation and file the original with the judge and simultaneously mail or otherwise deliver a copy to the division and to the general counsel of the department. (m) Record. The judge shall record the pretrial hearing by stenographic or electronic means at the request of any party or by a written stipulation signed by the parties. (n) Pretrial Order. (1) At the request of any party or by his or her own motion, the judge promptly shall enter an order reciting the actions taken at the pretrial hearing and the agreements made by the parties about any of the matters considered and limiting the issues for trial to those not disposed of by admissions or stipulations of parties. (2) The order shall control the subsequent course of the action unless the judge modifies it to prevent injustice. (3) The judge shall serve the order on the attorneys for the parties and on any party not repre­sented by counsel. (4) Unless otherwise specified in the notice of hearing, the judge may consider and determine all issues pending as of the date of the pretrial hearing. (o) Setting and Noticing Final Hearing. If the date is not already set, the judge shall set the date of the final hearing at the pretrial hearing. The notice of the final hearing may be set forth in the pretrial order accompanying the pretrial stipulation or may be mailed separately by the judge to all interested parties. Committee Notes 1996 Adoption. Replaces rule 4.100, but includes many of the provisions of the previous rule. Requires a judge of com­pensation claims to schedule a pretrial hearing after receipt of a mediator’s report declaring an impasse as per section 440.25(4)(a), Florida Statutes. Provides for pretrial of protested penalty assessment orders and the method thereof. Clarifies when personal appearances may be waived and prescribes the form of the pretrial stipu­lation. Requires furnishing names and addresses of all witnesses to be used at trial, including impeachment and rebuttal witnesses. 2000 Amendment. Subdivision (h) (7) was amended to include the appointment of an expert medical advisor as one of the matters to be addressed at the time of the pretrial conference. Subdivision (i) was shortened and a new subdivision (j) was added to require stipulation of the parties or approval by the judge if final witness lists, final exhibit lists, supplements, and amendments to the pretrial stipulation are served less than 30 days before the final hearing. 2004 Amendment. The amendments to subdivisions (a) and (b) conform the rule to the 2003 changes to section 440.25(4)(a), Florida Statutes. RULE 4.075. PROSECUTION OF CLAIM AND PETITION FOR BENEFITS BEFORE JUDGE (a) Generally. To protect the interest of any party and to advance the proceedings, the judge may: (1) sever any issue; (2) continue a scheduled hearing as to any or all issues; (3) reserve jurisdiction of any issue; (4) dismiss any issue without prejudice; (5) refer any issue to the EAO in the event a petition filed by an unrepresented claimant is found to be nonspecific or a party has failed to exhaust the EAO administrative remedies; or (6) refer any issue to mediation. (b) Prosecution of Claim or Petition. After a final hearing has been set, all parties shall diligently prosecute or defend the claim or petition. (c) Continuances. (1) Continuances of hearings will not be freely granted and will be granted only upon a showing of good cause. A continuance may be granted only if the requesting party demonstrates to the judge that the reason for requesting the continuance arises from circumstances beyond the party’s control. The written consent of the claimant must be obtained before any request from a claimant’s attorney is granted for an additional continuance after the initial continuance has been granted. An order granting a continuance must set forth the date and time of the rescheduled hearing. The claimant may waive the time frame for occurrence of the final hearing for good cause shown. (2) The judge may cancel or continue a trial on his or her own motion or on the motion of a party if the judge finds that the cancellation or con­tinuance is for good cause and has not resulted from lack of diligence in the prosecution or defense of the petition or claim. (3) A request for a continuance shall be made by motion or stipulation of the parties and shall specify the reason that the continuance is necessary. (4) Unless otherwise ordered by the judge, continuance of a trial or pretrial hearing shall auto­matically extend the time provided for the com­ple­tion of any subsequent act. (5) If there is a pretrial stipulation or pretrial order in place and the final hearing is continued, an additional pretrial hearing will not be set unless requested in writing by a party. (d) Voluntary Dismissal. A claim or petition may be dismissed by the claimant or petitioner with­out an order by filing a notice or stipulation of voluntary dismissal at any time before the final hearing begins, or during the final hearing before the claimant or petitioner rests by stating on the record such notice of voluntary dismissal. Unless otherwise stated in the notice or stipulation, the dismissal is without prejudice, except that a second notice of voluntary dismissal shall operate as an adjudication of denial of any claim or petition for benefits previously the subject of a voluntary dismissal. (e) Motion to Dismiss for Lack of Prosecution. (1) A motion to dismiss for lack of prosecution may be filed if it appears that no action has been taken on any claim or petition by request for hearing, filing of pleading, order of the judge, or otherwise, for a period of one year. (2) The judge shall serve notice of hearing on the parties by regular mail at their last known address. (3) The motion to dismiss shall be granted unless a party shows good cause why the claim or petition should remain pending. (f) Proceedings by Telephone. (1) The judge may conduct any proceedings permitted under these rules or under chapter 440, Florida Statutes, by telephone conference, provided a means of recording the proceedings is available, if requested by any party. (2) No live testimony, other than that of an expert witness as defined by the applicable statutes, shall be taken by telephone without the agreement of all parties. (3) In the event that trial testimony is taken by telephone, the oath shall be administered in the physi­cal presence of the witness, by a notary public or officer authorized to administer oaths unless the physical presence of the notary public or officer is waived by the parties. A cer­tificate of the notary public or officer, sub­stantially the same as form 4.9105, shall be filed by the party offering the witness’s trial testimony within 15 days. Committee Notes 1996 Adoption. This rule replaces and expands rule 4.110. Subdivision (d) is in response to the First District Court of Appeal pronouncements in Eastern Airlines v. Granese, 631 So. 2d 365 (Fla. 1st DCA 1994), and Judge C. J. Kahn’s suggestion in his concurring opinion in Perez v. Winn-Dixie, 639 So. 2d 109 (Fla. 1st DCA 1994), that the Committee examine this subdivision to accu­rately reflect its intent that voluntary dismissals in workers’ compensation matters conform to Florida Rule of Civil Procedure 1.420(a)(1), as the Committee stated in its 1984 Committee Note to prior rule 4.110. 2000 Amendment. The First District Court of Appeal has stated that the requirements of subdivision (f)(3) may be waived by agreement of counsel. E-Z Serve Convenience Stores, Inc. v. Paul, 720 So. 2d 301 (Fla. 1st DCA 1998). 2004 Amendment. Subdivision (c) is amended to reflect the 2002 changes to section 440.25(4)(b), Florida Statutes. RULE 4.085. FINAL HEARING (a) Notice. The judge shall give 30 14 days’ notice of the final hearing to all parties by mail. The notice of the final hearing may be set forth in the pretrial order accompanying the notice of media­tion, notice of pre­trial hearing, and pretrial order, or may be issued separately by the judge. (b) Form and Service of Notice. The notice shall state clearly the questions at issue or in dis­pute that the judge will hear. (c) Attendance. (1) Unless excused by the judge, counsel for all parties shall attend the final hearing in person. (2) Except as authorized under the Florida Rules of Civil Procedure, the claimant shall attend the final hearing in person. As provided under rule 4.075, a witness may appear by telephone, provided com­muni­ca­tion equipment is available at the loca­tion of the final hearing and prior arrangements have been made for administering the oath to the witness. (3) Witnesses appearing by telephone must be identified at the time of the pretrial hearing or specifically designated in the witness list or pretrial stipulation. (d) Witnesses. (1) Only those witnesses listed in the pretrial stipulation or in the witness list served no later than 30 days before the final hearing will be allowed to testify. (2) Witnesses may be added after the 30-day witness deadline only by stipulation of the parties or by approval by the judge. Committee Notes 1996 Adoption. In most circumstances the petitioner/claimant will appear at the final hearing, particularly if his or her testimony is needed. However, under Florida Rule of Civil Procedure 1.330(a)(3), the deposition of a party may be used at trial under certain circumstances. This rule is intended to conform to Florida Rule of Civil Procedure 1.330(a)(3). 2000 Amendments. Subdivisions (e), (f), (g), and (h) are deleted to avoid duplication with rule 4.120. Procedural rules involving admissibility of evidence, proffers, exhibits, and post-hearing evidence now are contained in one rule and are appli­cable to all proceedings before judges of compensation claims. 2004 Amendment. Subdivision (a) is amended to conform the rule to the 2003 changes to section 440.25(4)(c), Florida Statutes. RULE 4.095. EMERGENCY CONFERENCES (a) Generally. An emergency conference may be held if there is a bona fide emergency involving the health, safety, or welfare of an employee as pro­vided for in section 440.25(4)( h f ), Florida Statutes. (b) Requests. A request for an emergency con­ference shall be handled in the same manner as pro­vided for a procedural motion in rule 4.065. A written request for an emergency conference shall be filed with the judge and served on the parties in accordance with rule 4.030. It shall set forth in detail the facts giving rise to the request, its legal basis, the factual or medical basis for the claim that there is a bona fide emergency involving the health, safety, or welfare of an employee, and the specific relief sought. Any documents relied upon should be specifically referenced and attached. (c) Certificate of Counsel. The request shall contain the certificate of counsel that: (1) the request is made in good faith and not for the purpose of delay; (2) the opposing party or counsel, if repre­sented, has been contacted in an effort to resolve the matter without a hearing, and despite those efforts a hearing is required; and (3) to the best of counsel’s knowledge, infor­ma­tion, and belief, formed after inquiry reasonable under the circumstances, a bona fide emergency exists involving the health, safety, or welfare of the employee. (d) Notice of Emergency Conference. The judge may require the appearance of the parties and counsel without written notice for such an emer­gency conference. (e) Attendance. Parties, counsel, and witnesses may appear by telephone if telephone equipment is avail­able. (f) Orders. An emergency conference under this rule may result in the entry of an order or the rendering of an adjudication by the judge that shall be limited to those issues and relief sought in the request. Committee Notes 1996 Adoption. This rule is intended to provide some structure, notice, and procedure in requesting emergency conferences that may result in the entry of an order or the rendering of an adjudication by the judge of compensation claims. This rule replaces rule 4.112, which allowed compulsory advisory conferences. 2004 Amendment. Subdivision (a) is amended to reflect the 2003 change to section 440.25(4)(f), Florida Statutes. RULE 4.105. EXPEDITED HEARINGS (a) Generally. If a petition filed in accordance with section 440.192, Florida Statutes, involves a claim or petition of $5,000 or less, excluding attorney fees and costs, for medical benefits only, or reimbursement for mileage for medical purposes, it shall be considered for resolution under section 440.25(4)( j h ), Florida Statutes. The application for expedited hearing shall be substantially the same as form 4.9091. A copy of this application shall be filed with the judge and served on all interested parties. A pretrial hearing shall not be held and no mediation scheduled unless requested by a party. (b) Average Weekly Wage Issues. Any claim relating to a issue of an employee’s appropriate average weekly wage shall be determined under section 440.25(4)(g), Florida Statutes. Additionally, unless it is determined by the judge of compensation claims that there is necessity for oral argument for good cause shown, no oral hearing will be held and any decision regarding an employee’s appropriate average weekly wage shall be determined based upon submission of brief written statements in support of an adjustment and/or opposition to an adjustment as well as submission of documents, including deposition testimony, if applicable. If an oral hearing is ordered to be held, the average weekly wage issue shall be determined under section 440.25(4)(h), Florida Statutes. ( b c ) Other Claims. On written agreement of all parties and application of any party, any claim or petition filed in accordance with section 440.192, Florida Statutes, may be resolved as provided for in subdivision (a). ( c d ) Motion to Dispense. Any motion to dispense with expedited hearing shall comply with rule 4.065 and must be based on compelling evidence that the claim or petition is not appropriate for expedited resolution. ( d e ) Notice. The judge shall serve written notice of the hearing on the parties not less than 45 days before the hearing. ( e f ) Discovery. The parties shall have at least 30 days to conduct discovery, which shall be com­pleted 15 days before the hearing. ( f g ) Pretrial Outline. At least 15 days before the hearing, a pretrial outline of all issues, defenses, and witnesses shall be filed with the judge and served on all parties. The following shall be attached: (1) Statement of the Facts. The statement shall include references to the specific pages in the deposi­tion testimony of witnesses as well as a sug­gestion of the expected testimony of those wit­nesses who will be called to testify at the hearing. (2) Memorandum of Law. The memorandum shall include relevant case citations and copies of the cases cited. (3) Attachments. A complete composite of the records of the medical advisor appointed by the judge or the division, any independent medical examination (IME) physicians, and any other authorized providers shall be attached. There shall also be attached any depositions or other docu­mentary items on which a party will rely to establish the case. The pages of the composite shall be numbered and the composite shall be preceded by an abstract referencing and synthesizing those portions of the records on which the filing party relies. No additional records, depositions, or documentary evidence will be admitted at the time of the hearing. ( g h ) Witness and Subpoenas. At the final hearing, the parties must arrange to have all wit­nesses present or available to testify promptly at the time and place noticed. Subpoenas will be issued on request of the parties or their counsel. If any party or legally subpoenaed witness fails to appear at the time and place set for the hearing, sanctions under rule 4.150 may be imposed or punitive actions authorized under sections 440.32 and 440.33, Florida Statutes, may be initiated. ( h i ) Final Hearing Procedure. The final hearing will not exceed 30 minutes. The employer/carrier may be represented by an adjuster or other qualified representative. All previously scheduled final hearings and pretrial conferences shall be canceled. ( i j ) Post-hearing Evidence. Post-hearing evi­dence shall be considered in the same manner as provided in rule 4.085. Committee Notes 1996 Adoption. This rule codifies the procedure to follow when requesting a 30-minute expedited hearing as authorized by section 440.25(4)(j), Florida Statutes, for claims of $5,000 or less, or if stipulated to by the parties. 2000 Amendment. The changes were made to make rule 4.105 consistent with section 440.25(4)(j), Florida Statutes. 2004 Amendment. The amendments to subdivision (a) reflect the 2002 and 2003 changes to section 440.25(4), Florida Statutes. New subdivision (b) reflects the 2003 change to section 440.25(4)(g), Florida Statutes. Subdivision (g) (relettered from (f)) conforms the rule to section 440.25(4)(h), Florida Statutes. RULE 4.310. MANDATORY MEDIATION (a) Initial Mandatory Mediation. Except as pro­vided in this rule, an initial mandatory medi­ation conference is required to be held con­cerning every petition filed under section 440.192, Florida Statutes, that survives dismissal after review by a docketing judge under section 440.45(3), Florida Statutes, or a motion to dismiss filed under section 440.192 (2) or (5), Florida Statutes. (b) Notice and Date of Mandatory Mediation Con­ference. (1) Within 7 40 days after a petition is filed under section 440.192, Florida Statutes, but in no event more than 7 40 days from the presiding judge’s receipt of the petition that survives a dismissal, the judge, or the mediator if the judge so designates, shall notify all interested parties of the date, time, and location of the initial mandatory state mediation con­ference. The notice may be served personally or by mail upon the inter­ested parties. If the parties agree or if state mediators are not available, the parties shall hold a mediation at the carrier’s expense within the 130-day period set for mediation. A private mediator must be certified under section 44.106, Florida Statutes. (2) The mediation conference shall be held within 21 130 days after a petition is filed under section 440.192, Florida Statutes, but if continued or rescheduled, it shall be held and completed no later than 10 days before prior to any scheduled pretrial hearing. (c) Waiver of Initial Mandatory Mediation Con­ference. A mandatory mediation conference may be waived only by order of the chief judge after the filing with the presiding judge of a motion to waive the initial mandatory mediation conference no later than 3 days before the scheduled conference. (d) Continuance of Mediation. A continuance may be granted upon the agreement of the parties or if the requesting party demonstrates to the judge of compensation claims that the reason for requesting the continuance arises from circumstances beyond the party’s control. ( d e ) Mediator. The initial mandatory mediation conference required to be held under section 440.25(1), Florida Statutes, shall be conducted by a mediator or adjunct mediator employed by the deputy chief judge under section 440.25(3), Florida Statutes, except when the parties have stipulated under rule 4.350 to substitute a mediator who is not appointed by the deputy chief judge. ( e f ) Mediator’s Report. Within 10 days fol­lowing the commencement of the mediation con­fer­ence, the mediator shall file a written report with the presiding judge as to whether any of the issues in dispute are resolved. If an impasse was declared the mediator shall so report without comment or recom­mendation. If the parties reach an agreement, it shall be filed with the presiding judge in accordance with rule 4.142. Committee Notes 1996 Adoption. This rule codifies the procedure for mandatory mediation required by section 440.25, Florida Statutes, for every petition for benefits. Subdivision (c) also permits filing the motion to waive with the presiding judge who shall then forward the motion to the chief judge for consideration. Subdivision (d) contemplates that the mandatory mediation shall be conducted by the mediator or adjunct mediator employed by the chief judge under section 440.25(3), Florida Statutes, without charge to the parties. Any substitution of the mediator requires approval by the presiding judge. 2000 Amendment. Subdivision (d) was amended to permit the parties to stipulate to a private mediation conference and the use of a private mediator in place of the initial mandatory mediation conference with a state or adjunct mediator appointed by the chief judge. 2004 Amendment. Subdivisions (a) and (b) are amended to reflect the 2002 and 2003 changes to section 440.192, Florida Statutes. Subdivision (b)(1) is amended and new subdivision (d) is created to reflect the 2002 and 2003 changes to section 440.25, Florida Statutes. RULE 4.340. REQUEST FOR OR REFERRAL TO SUB­SEQUENT MEDIATION (a) Request for Subsequent Mediation. (1) Notwithstanding attendance at a mandatory mediation conference, any interested party may request a mediation conference at any time fol­lowing the filing of a petition under section 440.192, Florida Statutes, or any other claim subject to adjudication by a judge. The request shall be made on or before 45 days prior to a final hearing scheduled pursuant to section 440.25(4)( a b ), Florida Statutes. A request shall be made by the filing of a motion for mediation conference with the presiding judge. (2) After considering the merits of the request, the presiding judge may enter an order referring the matter to mediation and requiring the parties to attend a mediation conference. An order upon such request may be entered without a hearing, unless good cause for a hearing is shown. (b) Referral by Presiding Judge or by Stipula­tion. The presiding judge may also enter an order referring any claim or petition or any selected issues to mediation on the parties’ stipulation requesting mediation, or at the pretrial hearing, if the judge finds mediation may aid in the disposition of the matter before trial. (c) Motion to Dispense with or Defer Sub­sequent Mediation. (1) Within 5 days of the order of referral to mediation or notice of mediation conference, which­ever is entered first, a party may move to dispense with or defer mediation if: (A) the matter has been previously mediated between the parties and the moving party verifies that further mediation would be of no benefit in resolving the matter; (B) the issue presents a question of law only; or (C) other good cause is shown. (2) The movant shall set the motion for hearing before the scheduled date of the mediation con­fer­ence and shall serve notice of the hearing on all interested parties, including the mediator. The motion shall set forth, in detail, the facts and circumstances supporting the motion. Media­tion shall be suspended until a dis­position of the motion. Committee Notes 1996 Amendment. This rule extensively amends the prior rule and affords the parties the opportunity to request or stipulate to a subsequent mediation in the event they reached an impasse at the initial mandatory mediation conference. 2004 Amendment. Subdivision (a) amended to reflect the 2002 changes to section 440.25, Florida Statutes. RULE 4.350. APPOINTMENT OF MEDIATOR AND SCHEDULING MEDIATION CONFERENCE FOR SUBSEQUENT MEDIATION (a) Appointment or Selection of Mediator. (1) Within 10 days of the order of referral to mediation entered pursuant to rule 4.340, or the agreement to private mediation, the parties may stipulate to the selection of a member of The Florida Bar to act as a mediator who, in the opinion of the parties and the presiding judge, is otherwise qualified by training or experience to mediate all or some of the issues in the pending workers’ compen­sa­tion claim or petition. (2) If the parties cannot agree on a mediator within 10 days of the order of referral, the judge shall appoint a mediator or adjunct mediator employed by the deputy chief judge pursuant to section 440.25(3), Florida Statutes, in the district in which the matter is pending. (b) Mediator Fees. (1) Mediations conducted by a mediator or adjunct mediator employed by the Office of the Judges of Compensation Claims under section 440.25(3), Florida Statutes, shall be at no cost to the parties. (2) When the mediator selected by the parties and or approved by the judge is one other than a mediator or adjunct mediator employed by the Office of the Judges of Compensation Claims under section 440.25(3), Florida Statutes, the amount and method of payment of the mediator fees shall be agreed upon between the parties, or their attorneys, and the mediator. (c) Notice of Mediation Conference. Within 15 days after receiving an order referring the parties to mediation under rule 4.340, the mediator shall notify the parties in writing of the date, time, and place of the mediation conference unless the order of referral specifies the date, time, and place. The mediation conference ordered under rule 4.340 shall be held no sooner than 7 14 days from the date of the notice scheduling the mediation conference unless other­wise agreed by the parties. (d) Completion of Mediation; Continuances; Adjourn­ments. Mediation shall be completed 10 days before the final hearing unless extended by the mediator or the judge. However, the mediator may adjourn the mediation conference at any time and may set times for recon­vening the adjourned media­tion conference. No further written notification is required for parties present at the adjourned mediation conference. Committee Notes 1996 Amendment. This rule extensively amends the prior rule and is fashioned after Florida Rule of Civil Procedure 1.720(f). It allows the parties to stipulate to the selection of a private mediator to conduct a subsequent mediation. The stipulation also must reflect the amount and method of payment of the mediator fees. 2004 Amendment. Subdivisions (a)–(c) amended to reflect amendments to section 440.25, Florida Statutes. RULE 4.360. MEDIATION CONFERENCE (a) Attendance in Mediation. Any party required to attend the mediation conference must have full and binding authority to settle the pending issues without further con­sultation. Notwithstanding rule 4.075, the claimant or the adjuster may appear by telephone if specifically approved by the media­tor. Further, a mediator may excuse the appearance of a party. Unless stipulated by the parties, approved by the mediator, or relieved by order of the presiding judge, a party is deemed to appear at a mediation conference if the following persons are physically present: (1) The claimant or petitioner, a representative of the carrier/servicing agent, an uninsured em­ployer, or a self-insured employer if its carrier/servicing agent does not have full settlement authority. (2) The parties’ counsel of record. Appearance by counsel does not dispense with or waive the required attendance of the parties listed above. (3) If the employer is a public entity required to conduct its business pursuant to chapter 286, Florida Statutes, a representative with full authority to nego­ti­ate on behalf of the entity and to recom­mend settle­ment to the appropriate decision-making body of the entity. (b) Sanctions for Failure to Appear. If a party fails to appear at a duly noticed mediation con­ference without good cause or without the approval of the mediator, or appears without full authority to resolve a claim, the presiding judge on a party’s or judge’s own motion and after a hearing may impose sanctions in accordance with rule 4.150, including payment of the mediator fees, if any. (c) Counsel of Record. Counsel shall be per­mitted to communicate privately with their clients at any time. In the discretion of the mediator and with the stipulation of the parties, a mediation conference may proceed in the absence of counsel. Committee Notes 1996 Amendment. This rule extensively amends the prior rule. Proposed Rules of Judicial Administration The Florida Bar Rules of Judicial Administration Committee has submitted to the Florida Supreme Court proposed out-of-cycle amendments to Florida Rule of Judicial Administration 2.085(e)(1), Trial Court Time Standards. The committee proposes changes to subdivisions (e)(1)(E) and (e)(1)(F), the time standards for juvenile delinquency and dependency proceedings. The committee also proposes new subdivision (e)(1)(G), a time standard for permanency proceedings. The proposals are based on recommendations from the Steering Committee on Families and Children in the Court and the Juvenile Court Rules Committee.The court invites all interested persons to comment on the committee’s proposals, which are reproduced in full below, as well as online at www.flcourts.org/sct/sctdocs/proposed.html. An original and nine copies of all comments must be filed with the court on or before August 2, with a certificate of service verifying that a copy has been served on Stanford R. Solomon, committee chair, 400 N. Ashley Dr., Suite 3000, Tampa 33602-4331, as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument which may be scheduled in this case. All comments must be filed in paper format and in WordPerfect 5.1 (or higher) format on a DOS formatted 3-1/2 inch diskette. IN THE SUPREME COURT OF FLORIDA AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION 2.085, TIME STANDARDS, SC04-854. RULE 2.085. TIME STANDARDS FOR TRIAL AND APPELLATE COURTS (a) (No Change) (b) (No Change) (c) (No Change) (d) (No Change) (e) Time Standards. The following time stan­dards are hereby established as a presumptively reasonable time period for the completion of cases in the trial and appellate courts of this state. It is recognized that there are cases that, because of their complexity, present problems that cause reasonable delays. However, most cases should be completed within the following time periods: (1) Trial Court Time Standards. (A) (No Change) (B) (No Change) (C) (No Change) (D) (No Change) (E) Juvenile Delinquency. Adjudicatory Disposition hearing — 90 120 days (filing of petition or child being taken into custody to hearing) Adjudicatory Disposition hearing (child detained) — 21 36 days (date of detention to hearing) (F) Juvenile Dependency. Disposition hearing (child sheltered) — 88 days (shelter hearing to disposition) Disposition hearing (child not sheltered) — 180 120 days (filing of petition for dependency to hearing) (G) Permanency Proceedings. Permanency hearing — 12 months (date child is sheltered to hearing) (2) (No Change) (3) (No Change) (4) (No Change) (f) (No Change) Pursuant to Rule 3-7.10, Seymour Friedman, formerly of New York, NY, and Los Angeles, CA, has petitioned the Florida Supreme Court for Bar reinstatement.Pursuant to an order of the Florida Supreme Court dated December 1, 1993, Friedman was suspended indefinitely in Florida based upon a five-year suspension of his license to practice law in New York for counseling a client to testify falsely, commingling his funds with client funds, and improper maintenance of escrow accounts. He has since been reinstated to practice in New York and California.Anyone having knowledge bearing upon Friedman’s fitness or qualifications to resume the practice of law should contact Edward Iturralde, bar counsel, The Florida Bar, 651 East Jefferson Street, Tallahassee 32399-0200, phone number (850) 561-5845.Elliott petitions for Bar reinstatement Pursuant to Rule 3-7.10(b), Nadege Elliott of Cape Coral has petitioned the Florida Supreme Court for Bar reinstatement.Elliott was suspended from the practice of law for six months by a June 26, 2003, order of the Supreme Court for violating Rules 4-8.4(b), (c), and (d); 4-1.15(a); 4-8.4(a); 5-1.2(b)(2), (4), (5), (6); and 5-1.2(c)(1), (2), and (3).The suspension was served from July 26, 2003, through January 25, 2004.Anyone having knowledge bearing upon Elliott’s fitness or qualifications to resume the practice of law should contact Stephen C. Whalen, assistant staff counsel, The Florida Bar, 5521 W. Spruce St., Suite C-49, Tampa 33607, telephone (800) 940-4759.Comments sought on workers’ comp judges The Statewide Nominating Commission for Judges of Compensation Claims will hold a public hearing July 12 at 9 a.m., at the Hyatt Regency Orlando International Airport to conduct the interviews of the following applicants for reappointment as judges of compensation claims: Daniel A. Lewis, Jonathan D. Ohlman, W. James Condry, Richard S. Thompson, and Robert D. McAliley.Written commentary concerning any applicant by any person is welcome and must be submitted to the commission chair and a copy to each commission member. Names and addresses of commission members are also available from the commission chair.Any questions should be directed to Victor V. Marrero, commission chair, 1560 Sawgrass Corporate Parkway, Sunrise 33323, telephone (954) 838-3451, fax (954) 838-3700.Proposed workers’ comp rules amendments The Florida Bar Workers’ Compensation Rules Committee has filed its regular-cycle report of proposed rule changes. The committee proposes amendments to the rules: 4.020 (Definitions); 4.028 (Petition for Benefits); 4.029 (Review of Petition); 4.030 (Filing and Service); 4.045 (Pretrial Procedure); 4.075 (Prosecution of Claim and Petition for Benefits Before Judge); 4.085 (Final Hearing); 4.095 (Emergency Conferences); 4.105 (Expedited Hearings); 4.310 (Mandatory Mediation); 4.340 (Request for or Referral to Subsequent Mediation); 4.350 (Appointment of Mediator and Scheduling Mediation Conference for Subsequent Mediation); and 4.360 (Mediation Conference).The court invites all interested persons to comment on the committee’s proposals, which are reproduced in full below, as well as online at www.flcourts.org/sct/sctdocs/proposed.html. An original and nine copies of all comments must be filed with the court on or before August 2, with a certificate of service verifying that a copy has been served on the committee chair, Jeffrey I. Jacobs, 5975 Sunset Drive, Suite 801, South Miami 33143-5174. A separate request for oral argument must be filed if the person filing the comment wishes to participate in oral argument, which will be scheduled in this case. All comments must be filed in paper format and in WordPerfect 5.1 (or higher) format on a DOS formatted 3-1/2 inch diskette. Under a proposed new rule Lawyers would have to report charges read more