All petitions for benefits filed will be scheduled for a final hearing pursuant to Fla. Stat. §440.25. Certain categories of claims may be eligible for expedited final hearing. After filing a petition, the parties should either receive notice of a mediation, a pretrial and a final hearing, or notice of an expedited final hearing and pretrial. To schedule or re-schedule mediation or hearings, contact Jeanette Randall, Deputy Clerk, at 850.595.6310, ext. 1010.
Mediations with the State Mediator are generaly scheduled to occur within ninety (90) days from the date the petition for benefits arrives in the Pensacola District Office. Mediation must occur within 130 days. If no appointment is available for State Mediation, then the parties may be ordered to attend a mediation conducted by a private mediator. Parties may wait for this Office to schedule a mediation. Alternatively, parties may jointly contact this office to schedule a mediation date and time which is convenient to them. To schedule or re-schedule a mediation, contact Jeanette Randall, Deputy Clerk, at 850.595.6310, ext. 101. Rescheduling within one hundred thirty (130) days of the petition filing can be handled administratively. Rescheduling Mediation to occur more than one hundred thirty (130) days after the petition is filed requires the filing of a motion for continuance. Once a notice of mediation has been issued, the parties may reschedule a state mediation or substitute a private mediation up to thirty (30) days before the noticed state mediation. State mediations will not be cancelled nor private mediation substituted without thirty (30) days advance notice.
Pretrial must occur thirty (30) days prior to final hearing. Pretrial heaings are held in District A-West on Thursdays at 10:00 a.m. The pretrial hearing procedure is governed by the DOAH Rules of procedure and the Pretrial Hearing Notice/Order. Generally, attendance at the pretrial hearing is required. For heaerings on petitions for benefits and attorney fee entitlement, if all parties are represented, attendance will be excused if a complete, signed, single pretrial complaince questionnaire is submitted before the noticed pretrial time. For hearings on attorney fee amount, attendance may be excused if each party is represented and each party has filed and served an evidence disclosure form prior to the noticed pretrial time. Refer to the Order setting pretrial for details. Telephonic appearance is generally permitted at pretrial hearings. To schedule or re-schedule a mediation, contact Jeanette Randall, Deputy Clerk, at 850.595.6310, ext. 101. There is a Pretrial Hearing Preparation Form available to assist with preparation for this hearing (click here).
Final Hearings - Petitions for Benefits:
Final Hearings are scheduled upon receipt of the petition in Pensacola. Trial dates are generally set approximately one hundred sixty-five (165) to one hundred eighty (180) days after the petition filing date. Parties may await notice of a final hearing, or they may contact this office within thirty (30) days of the petition filing and select a final hearing date which is convenient for the parties. Procedure in Final Hearings is governed by the DOAH Rules of Procedure and the Final Hearing Notice/Order. The admissibility of evidence at Final Hearings is govened by the Florida Evidence Code. Telephonic appearance by attorneys is not generally permitted at Final Hearings. Telephonic appearance of witnesses and parties is considered on a case by case basis, and should be addressed either by stipulation or motion. To schedule or re-schedule a Final Hearing, contact Jeanette Randall, Deputy Clerk, at 850.595.6310, ext. 110. Rescheduling Final Hearings within two hundred ten (210) days of the petition filing can be handled administravely. Rescheduling Final Hearings to occur more than two hundred ten (210) days after the petition is filed requires the filing of a motion for continuance. If the issues for final hearing are resolved, then a resolution form (reserving jurisdiction to determine fees/costs or without reserving jurisdiction to determine fees/costs) or stipulation should be submitted.
Expedited Final Hearings - Petitions for Benefits:
Expedited Final Hearings are scheduled upon receipt of the petition in Pensacola. Trial dates are generally set approximately seventy-five (75) to ninety (90) days after the petition filing date. No mediation is scheduled for petitions which are scheduled for Expedited Final Hearing. Determinations of the appropriateness of the expedited process are made from the allegations in the petition. Any party may object to the expedited process and request that the petition instead be scheduled for mediation and final hearing. Such objection and request should be in the form of a motion. Procedure in Final Hearings is governed by the DOAH Rules of Procedure and the Final Hearing Notice/Order. The admissibility of evidence at Expedited Final Hearings is generally govened by the Florida Evidence Code. Telephonic appearance by attorneys, witnesses and parties is generally permitted at Expedited Final Hearings. To schedule or re-schedule an Expedited Final Hearing, contact Jeanette Randall, Deputy Clerk, at 850.595.6310, ext. 101. Rescheduling Expedited Final Hearings within two hundred ten (210) days of the petition filing can be handled administravely. Rescheduling Expedited Final Hearings to occur more than two hundred ten (210) days after the petition is filed requires the filing of a motion for continuance. If the issues for final hearing are resolved, then a resolution form (reserving jurisdiction to determine fees/costs or without reserving jurisdiction to determine fees/costs) or stipulation should be submitted.
Attorney Fee Final Hearings - Verified Petitions, Verified Motions or Motions:
Attorney Fee Hearings are scheduled upon receipt of the verified petition in Pensacola. Attorney Fee Hearings may also be sheduled without any verified petition being filed. If a fee hearing is scheduled prior to the filing of a verified petition, the party seeking attorney's fees must then file a verified petition as directed by the Notice/Order. Trial dates are generally set approximately ninety (90) to one hundred (100) days after the petition filing date. A Pretrial Hearing will be scheduled for all Attorney Fee Hearings. Attendance at the Pretrial Hearing for a Fee Entitlement Hearing may be excused if a single pretrial compliance questionnaire form is submitted prior to the scheduled pretrial, signed by all parties or their respective counsels. Attendance at the Pretrial Hearing for Fee Amount Hearing may be excused only if each party files a Fee Amount Evidence Disclosure prior to the shceduled pretrial. Telephonic appearance by attorneys is not generally permitted at Attorney Fee Hearings. Telephonic appearance of witnesses and parties is considered on a case by case basis, and should be addressed either by stipulation or motion. To schedule or re-schedule an Attorney Fee Final Hearing, contact Jeanette Randall, Deputy Clerk, at 850.595.6310, ext. 101. Rescheduling Attorney Fee Final Hearings within one hundred fifty (150) days of the verified petition filing can be handled administratively. Rescheduling Attorney Fee Final Hearings to occur more than one hundred fifty (150) days after the verified petition is filed requires the filing of a motion or stipulation of the parties. If the issues for final hearing are resolved, then a resolution form or stipulation should be submitted.
Procedural Motion Hearings:
Procedural Motions are considered according to the DOAH Rules of Procedure. Some procedural motions will be considered and an order entered without hearing. These include Motion to Compel Production of Documents and Motion to Approve Attorney Fees and Child Support Allocation. All other motions may be called-up for hearing on Thursdays between nine o'clock a.m. (0900 hrs) and one o'clock p.m. (1300 hrs) CENTRAL TIME. Parties must notice each other for such hearings, but need not coordinate Thursday procedural motion hearings with this Office. Thursday procedural motions are heard on a first come first serve basis. In the event that multiple cases present for motion hearing simultaneously, preference will usually be given to cases for which attorneys and or parties are present in person. Telephonic appearance is permitted at Thursday procedural motions. Those appearing by telephone are responsible to call in. This office will not call parties or attorneys.
Procedural Motions may also be scheduled for other times during the week. Generally settings are available between eight o'clock a.m. (0800 hrs) and nine o'clock a.m. (0900 hrs) CENTRAL TIME, and after three o'clock p.m. (1500 hrs) CENTRAL TIME on Mondays and Wednesdays. Other times may be available during some weeks. In order to be heard at any time other than Thursday afternoons, a procedural motion hearing must be coordinated with Jeanette Randall, Deputy Clerk, at 850.595.6310, ext. 101.
Evidentiary Motion Hearings:
Evidentiary Motions may generally be scheduled for hearing on the normal trial docket (nine o'clock CENTRAL TIME) by coordinating with Jeanette Randall, Deputy Clerk, at 850.595.6310, ext. 101. Evidentiary Motions which will take less than one hour to hear may generally be coordinated for three o'clock p.m. (1500 hrs) CENTRAL TIME on Mondays and Wenesdays. Hearings for all evidentiary motion hearings must be coordinated with Ms. Randall, Deputy Clerk, at 850.595.6310, ext. 101.