Florida Statute 766.207 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLV
TORTS

Chapter 766
MEDICAL MALPRACTICE AND RELATED MATTERS

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F.S. 766.207

766.207 Voluntary binding arbitration of medical negligence claims.—

(1) Voluntary binding arbitration pursuant to this section and ss. 766.208-766.212 shall not apply to rights of action involving the state or its agencies or subdivisions, or the officers, employees, or agents thereof, pursuant to s. 768.28.

(2) Upon the completion of presuit investigation with preliminary reasonable grounds for a medical negligence claim intact, the parties may elect to have damages determined by an arbitration panel. Such election may be initiated by either party by serving a request for voluntary binding arbitration of damages within 90 days after service of the claimant’s notice of intent to initiate litigation upon the defendant. The evidentiary standards for voluntary binding arbitration of medical negligence claims shall be as provided in ss. 120.569(2)(g) and 120.57(1)(c).

(3) Upon receipt of a party’s request for such arbitration, the opposing party may accept the offer of voluntary binding arbitration within 30 days. However, in no event shall the defendant be required to respond to the request for arbitration sooner than 90 days after service of the notice of intent to initiate litigation under s. 766.106. Such acceptance within the time period provided by this subsection shall be a binding commitment to comply with the decision of the arbitration panel. The liability of any insurer shall be subject to any applicable insurance policy limits.

(4) The arbitration panel shall be composed of three arbitrators, one selected by the claimant, one selected by the defendant, and one an administrative law judge furnished by the Division of Administrative Hearings who shall serve as the chief arbitrator. In the event of multiple plaintiffs or multiple defendants, the arbitrator selected by the side with multiple parties shall be the choice of those parties. If the multiple parties cannot reach agreement as to their arbitrator, each of the multiple parties shall submit a nominee, and the director of the Division of Administrative Hearings shall appoint the arbitrator from among such nominees.

(5) The arbitrators shall be independent of all parties, witnesses, and legal counsel, and no officer, director, affiliate, subsidiary, or employee of a party, witness, or legal counsel may serve as an arbitrator in the proceeding.

(6) The rate of compensation for medical negligence claims arbitrators other than the administrative law judge shall be set by the chief judge of the appropriate circuit court by schedule providing for compensation of not less than $250 per day nor more than $750 per day or as agreed by the parties. In setting the schedule, the chief judge shall consider the prevailing rates charged for the delivery of professional services in the community.

(7) Arbitration pursuant to this section shall preclude recourse to any other remedy by the claimant against any participating defendant, and shall be undertaken with the understanding that damages shall be awarded as provided by general law, including the Wrongful Death Act, subject to the following limitations:

(a) Net economic damages shall be awardable, including, but not limited to, past and future medical expenses and 80 percent of wage loss and loss of earning capacity, offset by any collateral source payments.

(b) Noneconomic damages shall be limited to a maximum of $250,000 per incident, and shall be calculated on a percentage basis with respect to capacity to enjoy life, so that a finding that the claimant’s injuries resulted in a 50-percent reduction in his or her capacity to enjoy life would warrant an award of not more than $125,000 noneconomic damages.

(c) Damages for future economic losses shall be awarded to be paid by periodic payments pursuant to s. 766.202(9) and shall be offset by future collateral source payments.

(d) Punitive damages shall not be awarded.

(e) The defendant shall be responsible for the payment of interest on all accrued damages with respect to which interest would be awarded at trial.

(f) The defendant shall pay the claimant’s reasonable attorney’s fees and costs, as determined by the arbitration panel, but in no event more than 15 percent of the award, reduced to present value.

(g) The defendant shall pay all the costs of the arbitration proceeding and the fees of all the arbitrators other than the administrative law judge.

(h) Each defendant who submits to arbitration under this section shall be jointly and severally liable for all damages assessed pursuant to this section.

(i) The defendant’s obligation to pay the claimant’s damages shall be for the purpose of arbitration under this section only. A defendant’s or claimant’s offer to arbitrate shall not be used in evidence or in argument during any subsequent litigation of the claim following the rejection thereof.

(j) The fact of making or accepting an offer to arbitrate shall not be admissible as evidence of liability in any collateral or subsequent proceeding on the claim.

(k) Any offer by a claimant to arbitrate must be made to each defendant against whom the claimant has made a claim. Any offer by a defendant to arbitrate must be made to each claimant who has joined in the notice of intent to initiate litigation, as provided in s. 766.106. A defendant who rejects a claimant’s offer to arbitrate shall be subject to the provisions of s. 766.209(3). A claimant who rejects a defendant’s offer to arbitrate shall be subject to the provisions of s. 766.209(4).

(l) The hearing shall be conducted by all of the arbitrators, but a majority may determine any question of fact and render a final decision. The chief arbitrator shall decide all evidentiary matters.

The provisions of this subsection shall not preclude settlement at any time by mutual agreement of the parties.

(8) Any issue between the defendant and the defendant’s insurer or self-insurer as to who shall control the defense of the claim and any responsibility for payment of an arbitration award, shall be determined under existing principles of law; provided that the insurer or self-insurer shall not offer to arbitrate or accept a claimant’s offer to arbitrate without the written consent of the defendant.

(9) The Division of Administrative Hearings is authorized to promulgate rules to effect the orderly and efficient processing of the arbitration procedures of ss. 766.201-766.212.

(10) Rules promulgated by the Division of Administrative Hearings pursuant to this section, s. 120.54, or s. 120.65 may authorize any reasonable sanctions except contempt for violation of the rules of the division or failure to comply with a reasonable order issued by an administrative law judge, which is not under judicial review.

History.—s. 54, ch. 88-1; s. 30, ch. 88-277; s. 36, ch. 91-110; s. 114, ch. 92-33; s. 4, ch. 92-278; s. 2, ch. 94-161; s. 304, ch. 96-410; s. 1801, ch. 97-102; s. 89, ch. 99-3; s. 62, ch. 2003-416.

F.S. 766.207 on Google Scholar

F.S. 766.207 on CourtListener

Amendments to 766.207

Annotations, Discussions, Cases:

Cases Citing Statute 766.207

Total Results: 49

Rollins v. Pizzarelli

761 So. 2d 294, 2000 WL 551032

Supreme Court of Florida | Filed: May 4, 2000 | Docket: 1299957

Cited 90 times | Published

offset by future collateral source payments." § 766.207(7)(c), Fla. Stat. (1995). The clear intent of

St. Mary's Hospital, Inc. v. Phillipe

769 So. 2d 961, 2000 WL 854258

Supreme Court of Florida | Filed: Jun 29, 2000 | Docket: 2517725

Cited 39 times | Published

PER INCIDENT IN A VOLUNTARY ARBITRATION UNDER § 766.207 APPLY TO EACH BENEFICIARY UNDER THE WRONGFUL DEATH

University of Miami v. Echarte

618 So. 2d 189, 1993 WL 152668

Supreme Court of Florida | Filed: May 13, 1993 | Docket: 405771

Cited 33 times | Published

medical negligence arbitration panel pursuant to section 766.207(2). The Echartes filed an action for a declaratory

Graber v. CLARENDON NAT. INS. CO.

819 So. 2d 840, 2002 WL 985371

District Court of Appeal of Florida | Filed: May 15, 2002 | Docket: 2537778

Cited 12 times | Published

The plaintiffs offered to arbitrate under section 766.207(2). The defendants declined arbitration, but

Advisory Op. to Atty. Gen. Re Comp. Amend.

880 So. 2d 675

Supreme Court of Florida | Filed: Jul 15, 2004 | Docket: 1689296

Cited 10 times | Published

may mutually agree to binding arbitration. See § 766.207, Fla. Stat. (2003). If the parties do not agree

Bombalier v. Lifemark Hosp. of Fla.

661 So. 2d 849, 1995 WL 521222

District Court of Appeal of Florida | Filed: Sep 6, 1995 | Docket: 1526304

Cited 7 times | Published

Fla. Stat. § 766.106(2) (1993). Pursuant to section 766.207(7)(k), Florida Statutes (1993), the hospital

Franks v. Bowers

116 So. 3d 1240, 38 Fla. L. Weekly Supp. 416, 2013 WL 3064807, 2013 Fla. LEXIS 1222

Supreme Court of Florida | Filed: Jun 20, 2013 | Docket: 60232304

Cited 6 times | Published

the formula contained in Florida Statutes, Section 766.207. For example, if the Patient’s injuries resulted

Samples v. Florida Birth-Related Neurological

40 So. 3d 18, 2010 Fla. App. LEXIS 8763, 2010 WL 2425998

District Court of Appeal of Florida | Filed: Jun 18, 2010 | Docket: 1667052

Cited 4 times | Published

cap of $250,000 per incident in violation of section 766.207(7)(b), Florida Statutes. Id. at 963. The district

Estate of McCall v. United States

663 F. Supp. 2d 1276, 2009 U.S. Dist. LEXIS 95302, 2009 WL 3163183

District Court, N.D. Florida | Filed: Sep 30, 2009 | Docket: 879550

Cited 4 times | Published

construed an earlier arbitration statute, Fla. Stat. § 766.207(7)(b)(1997), which limited noneconomic damages

Yell v. Healthmark of Walton, Inc.

772 So. 2d 568, 2000 Fla. App. LEXIS 14659, 2000 WL 1675899

District Court of Appeal of Florida | Filed: Nov 9, 2000 | Docket: 64802053

Cited 4 times | Published

damages to binding arbitration pursuant to Section 766.207, Florida Statutes (1993). Yell accepted, and

St. Mary's Hosp., Inc. v. Phillipe

699 So. 2d 1017

District Court of Appeal of Florida | Filed: Oct 22, 1997 | Docket: 1693937

Cited 4 times | Published

stay an arbitration award entered pursuant to section 766.207 but only to prevent manifest injustice. See

TALLAHASSEE MEM. REG. MED. v. Kinsey

655 So. 2d 1191

District Court of Appeal of Florida | Filed: May 18, 1995 | Docket: 1327282

Cited 4 times | Published

decided that, while most of the provisions of section 766.207 would be followed, some very important provisions

University of Miami v. Echarte

585 So. 2d 293, 1991 WL 98016

District Court of Appeal of Florida | Filed: Jun 11, 1991 | Docket: 369293

Cited 4 times | Published

for voluntary binding arbitration of damages. § 766.207(2), Fla. Stat. (Supp. 1988). In response, the

Allstate Insurance Company v. Orthopedic Specialists, etc.

212 So. 3d 973, 42 Fla. L. Weekly Supp. 38, 2017 WL 372092, 2017 Fla. LEXIS 194

Supreme Court of Florida | Filed: Jan 26, 2017 | Docket: 4574079

Cited 3 times | Published

(“Arbitration is not voluntary according to section 766.207(7)(k) because ‘a claimant who rejects a defendant’s

Estrada v. Mercy Hospital, Inc.

121 So. 3d 51, 2013 WL 1442251, 2013 Fla. App. LEXIS 5665

District Court of Appeal of Florida | Filed: Apr 10, 2013 | Docket: 60234441

Cited 3 times | Published

raised on appeal concerns the interpretation of section 766.207(7)(a), Florida Statutes (2012), which provides

Eileen Hernandez, M.D. v. Lualhati Crespo

211 So. 3d 19, 41 Fla. L. Weekly Supp. 625, 2016 WL 7406537, 2016 Fla. LEXIS 2718

Supreme Court of Florida | Filed: Dec 22, 2016 | Docket: 4556948

Cited 2 times | Published

requested binding arbitration pursuant to section 766.207, Florida Statutes, which Petitioners rejected

Santiago v. Baker

135 So. 3d 569, 2014 WL 1396594, 2014 Fla. App. LEXIS 5358, 39 Fla. L. Weekly Fed. D 750

District Court of Appeal of Florida | Filed: Apr 11, 2014 | Docket: 60239699

Cited 2 times | Published

thus they never invoked the protections of section 766.207, which provides, in part, as follows: (2) Upon

Deno v. Lifemark Hospital of Florida, Inc.

45 So. 3d 959, 2010 Fla. App. LEXIS 15568, 2010 WL 3984806

District Court of Appeal of Florida | Filed: Oct 13, 2010 | Docket: 2396802

Cited 2 times | Published

negligence case. The question is how to interpret section 766.207, Florida Statutes (2008), which provides for

Lifemark Hospitals of Florida, Inc. v. Afonso

4 So. 3d 764, 2009 Fla. App. LEXIS 1944, 2009 WL 605342

District Court of Appeal of Florida | Filed: Mar 11, 2009 | Docket: 1666508

Cited 2 times | Published

of statutory construction, namely, whether section 766.207(7), Florida Statutes (2003), limits awardable

JONATHAN M. FRANTZ, MD, PA v. Shedden

974 So. 2d 1193, 2008 WL 465543

District Court of Appeal of Florida | Filed: Feb 22, 2008 | Docket: 1717701

Cited 2 times | Published

Agreement essentially track the provisions of section 766.207, Florida Statutes (2004), which governs voluntary

Cohen v. DeYoung

655 So. 2d 1265, 1995 WL 325942

District Court of Appeal of Florida | Filed: Jun 2, 1995 | Docket: 1696925

Cited 2 times | Published

binding arbitration to determine damages. See § 766.207, et seq. DeYoung rejected the offer to arbitrate

Estate of Michelle Evette McCall v. United States

134 So. 3d 894, 39 Fla. L. Weekly Supp. 104, 2014 WL 959180, 2014 Fla. LEXIS 933

Supreme Court of Florida | Filed: Mar 13, 2014 | Docket: 402403

Cited 1 times | Published

agreed to arbitrate. Id. at 193 (describing section 766.207(7), Fla. Stat. (Supp.1988)). They also capped

Gottlieb v. Samiian

999 So. 2d 678, 2008 WL 5101153

District Court of Appeal of Florida | Filed: Dec 5, 2008 | Docket: 1187854

Cited 1 times | Published

binding arbitration proceeding pursuant to section 766.207, Florida Statutes (2003). See Samiian v. Gottlieb

Lewis v. Enterprise Leasing Co.

912 So. 2d 349, 2005 WL 2447873

District Court of Appeal of Florida | Filed: Oct 5, 2005 | Docket: 1755640

Cited 1 times | Published

the $250,000.00 noneconomic damages cap in section 766.207(7)(b), Florida Statutes (2004), one of the

Barlow v. North Okaloosa Medical Center

877 So. 2d 655, 29 Fla. L. Weekly Supp. 64, 2004 Fla. LEXIS 185, 2004 WL 252036

Supreme Court of Florida | Filed: Feb 12, 2004 | Docket: 1684495

Cited 1 times | Published

for medical malpractice claims set forth in section 766.207, Florida Statutes (2002). At the conclusion

North Shore Medical Center v. Clara Navarro, as Personal Representative of the Estate of Mauricio Polifroni

District Court of Appeal of Florida | Filed: Jul 10, 2024 | Docket: 68929416

Published

binding medical malpractice arbitration proceeding. § 766.207, Fla. Stat. An arbitration award under this section

Piero Palacios v. Sharnice Lawson

District Court of Appeal of Florida | Filed: Mar 6, 2024 | Docket: 68313537

Published

requested voluntary binding arbitration under section 766.207, Florida Statutes (2020). The defendant ultimately

HEALTHCARE UNDERWRITERS GROUP, INC., AMARNATH VEDERE, M.D. and CARDIOLOGY PARTNERS, P.L. v. DEBORAH SANFORD, as Personal Representative of the ESTATE OF GERALD L. SANFORD

District Court of Appeal of Florida | Filed: Mar 30, 2022 | Docket: 63198516

Published

delay. § 766.201(2)(b), Fla. Stat. (2020). Section 766.207(7)(k) provides that “[a] defendant who rejects

PLANTATION GENERAL HOSPITAL LIMITED PARTNERSHIP v. DIVISION OF ADMIN. HEARINGS, BERNARD BELZI, etc.

243 So. 3d 985

District Court of Appeal of Florida | Filed: Apr 4, 2018 | Docket: 6354241

Published

voluntary binding arbitration pursuant to section 766.207, Florida Statutes (2014) et seq., to determine

Meridian Pain & Diagnostics, Inc. v. Greber

197 So. 3d 153, 2016 Fla. App. LEXIS 11380, 2016 WL 4035874

District Court of Appeal of Florida | Filed: Jul 27, 2016 | Docket: 4114282

Published

would be an arbitration conducted pursuant to section 766.207 of the Florida Statutes. Petitioners’ counsel’s

Mohamad R. Samiian, M.D., individually etc. v. First Professionals Insurance etc.

180 So. 3d 190, 2015 Fla. App. LEXIS 17927, 2015 WL 7731744

District Court of Appeal of Florida | Filed: Dec 1, 2015 | Docket: 3017313

Published

whether to offer binding arbitration pursuant to section 766.207, Florida Statutes (2003). Attached to the email

Samples v. Florida Birth-Related Neurological Injury Compensation Ass'n

114 So. 3d 912, 38 Fla. L. Weekly Supp. 317, 2013 WL 2096260, 2013 Fla. LEXIS 1001

Supreme Court of Florida | Filed: May 16, 2013 | Docket: 60232016

Published

769 So.2d at 967 (emphasis omitted) (quoting § 766.207(7)(b), Fla. Stat. (1997)). Having determined that

Parham v. FLORIDA HEALTH SCIENCES CENTER, INC.

35 So. 3d 920, 2010 Fla. App. LEXIS 4183, 2010 WL 1222925

District Court of Appeal of Florida | Filed: Mar 31, 2010 | Docket: 1645958

Published

interplay between section 766.209 and section 766.207. Section 766.207 establishes voluntary binding arbitration

COLUMBIA/JFK MEDICAL CTR. v. Sangounchitte

977 So. 2d 639

District Court of Appeal of Florida | Filed: Feb 13, 2008 | Docket: 1529636

Published

arbitrate and the claimant prevails at trial. Section 766.207(2) requires that the claimant serve a request

LEON MEDICAL CENTERS, INC. v. Martell

972 So. 2d 1103, 2008 WL 239029

District Court of Appeal of Florida | Filed: Jan 30, 2008 | Docket: 1159170

Published

subject to the damages limitations set forth in section 766.207, Florida Statutes (2004). The plaintiff contended

Toca v. Olivares

882 So. 2d 465, 2004 Fla. App. LEXIS 13427, 2004 WL 2003363

District Court of Appeal of Florida | Filed: Sep 9, 2004 | Docket: 64832558

Published

pursuant to the explicit terms and conditions of section 766.207, Florida Statutes (2003). Dr. 01iT vares’ counsel

Toca v. Olivares

882 So. 2d 465, 2004 Fla. App. LEXIS 13427, 2004 WL 2003363

District Court of Appeal of Florida | Filed: Sep 9, 2004 | Docket: 64832558

Published

pursuant to the explicit terms and conditions of section 766.207, Florida Statutes (2003). Dr. 01iT vares’ counsel

Advisory Opinion to the Attorney General re the Medical Liability Claimant's Compensation Amendment

880 So. 2d 675, 29 Fla. L. Weekly Supp. 395, 2004 Fla. LEXIS 1008

Supreme Court of Florida | Filed: Jul 15, 2004 | Docket: 64832263

Published

may mutually agree to binding arbitration. See § 766.207, Fla. Stat. (2003). If the parties do not agree

Chester v. Doig

842 So. 2d 106, 28 Fla. L. Weekly Supp. 126, 2003 Fla. LEXIS 164, 2003 WL 252142

Supreme Court of Florida | Filed: Feb 6, 2003 | Docket: 64821969

Published

binding *108arbitration with Dr. Doig, and under section 766.207(7), the following limitations on damages apply:

Barlow v. North Okaloosa Medical Center

809 So. 2d 71, 2002 Fla. App. LEXIS 1355, 2002 WL 205809

District Court of Appeal of Florida | Filed: Feb 12, 2002 | Docket: 64813019

Published

of an arbitration award entered pursuant to section 766.207, Florida Statutes (2001). The claims arise

North Miami Medical Center v. Prezeau

793 So. 2d 1142, 2001 Fla. App. LEXIS 12878, 2001 WL 1040422

District Court of Appeal of Florida | Filed: Sep 12, 2001 | Docket: 64808228

Published

damages to a maximum of $250,000 per incident. § 766.207(7)(b), Fla. Stat. (2000). However, neither Parkway

Gutierrez v. Peralta

785 So. 2d 536, 2001 Fla. App. LEXIS 1806, 2001 WL 166838

District Court of Appeal of Florida | Filed: Feb 21, 2001 | Docket: 64805432

Published

incident in a voluntary arbitration under section 766.207, Florida Statutes. Explaining its result, the

Doig v. Chester

776 So. 2d 1043, 2001 WL 85535

District Court of Appeal of Florida | Filed: Feb 2, 2001 | Docket: 421854

Published

Chester suggests that we should construe section 766.207(7)(b), Fla.Stat., as permitting the arbitration

Walker-White v. Pezzullo-Burgs

765 So. 2d 897, 2000 Fla. App. LEXIS 10764, 2000 WL 1199445

District Court of Appeal of Florida | Filed: Aug 23, 2000 | Docket: 64799905

Published

of $250,000 for each of them. Pursuant to section 766.207, Florida Statutes, the arbitration panel awarded

Walton Regional Hospital v. Yell

744 So. 2d 1153, 1999 Fla. App. LEXIS 14315, 1999 WL 979457

District Court of Appeal of Florida | Filed: Oct 29, 1999 | Docket: 64792207

Published

Franzen v. Mogler

744 So. 2d 1029, 1997 Fla. App. LEXIS 11888, 1997 WL 656303

District Court of Appeal of Florida | Filed: Oct 22, 1997 | Docket: 64792169

Published

per incident in a voluntary arbitration under § 766.207 apply to each beneficiary under the Wrongful Death

Platman v. Holmes Regional Medical Center, Inc.

683 So. 2d 671, 1996 Fla. App. LEXIS 12785, 1996 WL 697824

District Court of Appeal of Florida | Filed: Dec 6, 1996 | Docket: 64769383

Published

rejected a valid offer to arbitrate pursuant to section 766.207, Florida Statutes. Platman argued that the

Mogler v. Franzen

669 So. 2d 269, 1995 Fla. App. LEXIS 11660, 1995 WL 653269

District Court of Appeal of Florida | Filed: Nov 8, 1995 | Docket: 64762850

Published

upon the limit of general damages provided in section 766.207, Florida Statutes (1993). The parties acknowledge

Tallahassee Memorial Regional Medical Center, Inc. v. Kinsey

655 So. 2d 1191, 1995 Fla. App. LEXIS 5342

District Court of Appeal of Florida | Filed: May 18, 1995 | Docket: 64756672

Published

decided that, while most of the provisions of section 766.207 would be followed, some very important provisions