Simply put, the Florida Supreme Court has prospectively repealed the Florida Rules of Workers’ Compensation Procedure effectively immediately [December 2, 2004]! Part II of these Rules was devoted to Mediation Procedures. Part I [Trial Proceedings] contained references to mediation and Part III [Forms] contained, well, forms regarding mediation.
The Court concluded that these Rules were an unconstitutional encroachment on the power of the executive branch to adopt rules of procedure for its own agencies. You may want to read the opinion, Amendments to the Florida Rules of Workers’ Compensation Procedure, 29 Fla. L. Weekly S 734 (Fla. 2004). The rules are “amended” right out of existence!
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