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Fla. Stat. § 766.209 (2025)

Effects of failure to offer or accept voluntary binding arbitration.

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766.209 Effects of failure to offer or accept voluntary binding arbitration.—
(1) A proceeding for voluntary binding arbitration is an alternative to jury trial and shall not supersede the right of any party to a jury trial.
(2) If neither party requests or agrees to voluntary binding arbitration, the claim shall proceed to trial or to any available legal alternative such as offer of and demand for judgment under s. 768.79 or offer of settlement under s. 45.061.
(3) If the defendant refuses a claimant’s offer of voluntary binding arbitration:
(a) The claim shall proceed to trial, and the claimant, upon proving medical negligence, shall be entitled to recover damages subject to the limitations in s. 766.118, prejudgment interest, and reasonable attorney’s fees up to 25 percent of the award reduced to present value.
(b) The claimant’s award at trial shall be reduced by any damages recovered by the claimant from arbitrating codefendants following arbitration.
(4) If the claimant rejects a defendant’s offer to enter voluntary binding arbitration:
(a) The damages awardable at trial shall be limited to net economic damages, plus noneconomic damages not to exceed $350,000 per incident. The Legislature expressly finds that such conditional limit on noneconomic damages is warranted by the claimant’s refusal to accept arbitration, and represents an appropriate balance between the interests of all patients who ultimately pay for medical negligence losses and the interests of those patients who are injured as a result of medical negligence.
(b) Net economic damages reduced to present value 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.
(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.
(5) Jury trial shall proceed in accordance with existing principles of law.
History.—s. 56, ch. 88-1; s. 32, ch. 88-277; s. 63, ch. 2003-416; s. 156, ch. 2004-5.
Notes of Decisions
Cited in 20 cases (1 in the last 5 years), 1990–2022 · leading case: Univ. of Miami v. Echarte, 618 So. 2d 189 (Fla. 1993).
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Univ. of Miami v. Echarte, 618 So. 2d 189 (Fla. 1993). · cites it 7× “207(7)(k) provides that if a defendant rejects a claimant's offer to arbitrate, then section 766.209(3), Florida Statutes (Supp.”
Raphael v. Shecter, 18 So. 3d 1152 (Fla. 4th DCA 2009). · cites it 7× “Section 766.209, Florida Statutes (2002), provided as follows: (1) A proceeding for voluntary binding arbitration is an alternative to jury trial and shall not supersede the right of any party to a jury trial.”
Allstate Ins. Co. v. Orthopedic Specialists, 212 So. 3d 973 (Fla. 2017). · cites it 2× “207(7)(k) because ‘a claimant who rejects a defendant’s offer to arbitrate shall be subject to the provisions of section 766.209(4),’ which limits the noneconomic damages to be awardable at trial to 0,000.”
Graber v. Clarendon Nat. Ins. Co., 819 So. 2d 840 (Fla. 4th DCA 2002). · cites it 4× “Prejudgment interest is awarded under section 766.209, Florida Statutes, "[i]f the defendant refuses a claimant's offer of voluntary arbitration.”
Parham v. Florida Health Sciences Ctr., Inc., 35 So. 3d 920 (Fla. 2d DCA 2010). · cites it 19× “209 appears to create sanctions for the failure of a litigant to cooperate with the other party by engaging in binding arbitration.”
Franks v. Bowers, 116 So. 3d 1240 (Fla. 2013). · cites it 4× “§ 766.209, Fla. Stat. (2008). We previously discussed, in depth, the intent and purpose of these provisions, stating: The Legislature enacted the statutory scheme at issue following the recommendations and study made by the Academic Task Force for Review of the Insurance and…”
Est. of Michelle Evette McCall v. United States, 134 So. 3d 894 (Fla. 2014). · cites it 2× “(describing section 766.209(4), Fla. Stat. (Supp. 1988)).”
Bombalier v. Lifemark Hosp. of Fla., 661 So. 2d 849 (Fla. 3d DCA 1995). · cites it 6× “Fla. Stat. § 766.209 (4)(a). The Bombaliers appeal from this order contending that the trial court erred by ruling that the parties shall not proceed to arbitration, but rather, to trial.”
Barlow v. North Okaloosa Med. Ctr., 877 So. 2d 655 (Fla. 2004). · cites it 9× “[8] Four relevant scenarios are provided for in section 766.209, Florida Statutes: 1. If neither the claimant nor the defendant requests or agrees to voluntary binding arbitration, the claim proceeds to trial under the Wrongful Death Act.”
Univ. of Miami v. Echarte, 585 So. 2d 293 (Fla. 3d DCA 1991). · cites it 9× “[3] Section 766.209, Florida Statutes (Supp. 1988), provides: Effects of failure to offer or accept voluntary binding arbitration.”
St. Mary's Hosp., Inc. v. Phillipe, 769 So. 2d 961 (Fla. 2000). · cites it 2× “" This economic damages provision is replicated under section 766.209, which applies when a claimant rejects an offer to arbitrate.”
Tetrault v. Fairchild, 799 So. 2d 226 (Fla. 5th DCA 2001). · cites it 2× “See § 766.209(2), Fla. Stat. (2000). Under the statutory provision considered in Rowe , there were no additional, specific factors to consider.”
Show all 20 citing cases →
766.209(2): 4 cases
Raphael v. Shecter, 18 So. 3d 1152 (Fla. 4th DCA 2009). “Section 766.209, Florida Statutes (2002), provided as follows: (1) A proceeding for voluntary binding arbitration is an alternative to jury trial and shall not supersede the right of any party to a jury trial.”
Tetrault v. Fairchild, 799 So. 2d 226 (Fla. 5th DCA 2001). “See § 766.209(2), Fla. Stat. (2000). Under the statutory provision considered in Rowe , there were no additional, specific factors to consider.”
Barlow v. North Okaloosa Med. Ctr., 877 So. 2d 655 (Fla. 2004). “[8] Four relevant scenarios are provided for in section 766.209, Florida Statutes: 1. If neither the claimant nor the defendant requests or agrees to voluntary binding arbitration, the claim proceeds to trial under the Wrongful Death Act.”
Doig v. Chester, 776 So. 2d 1043 (Fla. 5th DCA 2001).
766.209(3): 2 cases
Univ. of Miami v. Echarte, 618 So. 2d 189 (Fla. 1993). “207(7)(k) provides that if a defendant rejects a claimant's offer to arbitrate, then section 766.209(3), Florida Statutes (Supp.”
Raphael v. Shecter, 18 So. 3d 1152 (Fla. 4th DCA 2009). “Section 766.209, Florida Statutes (2002), provided as follows: (1) A proceeding for voluntary binding arbitration is an alternative to jury trial and shall not supersede the right of any party to a jury trial.”
766.209(3)(a): 3 cases
Barlow v. North Okaloosa Med. Ctr., 877 So. 2d 655 (Fla. 2004). “[8] Four relevant scenarios are provided for in section 766.209, Florida Statutes: 1. If neither the claimant nor the defendant requests or agrees to voluntary binding arbitration, the claim proceeds to trial under the Wrongful Death Act.”
Univ. of Miami v. Echarte, 585 So. 2d 293 (Fla. 3d DCA 1991). “[3] Section 766.209, Florida Statutes (Supp. 1988), provides: Effects of failure to offer or accept voluntary binding arbitration.”
Healthcare Underwriters Grp., Inc. v. Deborah Sanford, 337 So. 3d 32 (Fla. 4th DCA 2022).
766.209(4): 7 cases
Allstate Ins. Co. v. Orthopedic Specialists, 212 So. 3d 973 (Fla. 2017). “207(7)(k) because ‘a claimant who rejects a defendant’s offer to arbitrate shall be subject to the provisions of section 766.209(4),’ which limits the noneconomic damages to be awardable at trial to 0,000.”
Univ. of Miami v. Echarte, 618 So. 2d 189 (Fla. 1993). “207(7)(k) provides that if a defendant rejects a claimant's offer to arbitrate, then section 766.209(3), Florida Statutes (Supp.”
Est. of Michelle Evette McCall v. United States, 134 So. 3d 894 (Fla. 2014). “(describing section 766.209(4), Fla. Stat. (Supp. 1988)).”
Parham v. Florida Health Sciences Ctr., Inc., 35 So. 3d 920 (Fla. 2d DCA 2010). “209 appears to create sanctions for the failure of a litigant to cooperate with the other party by engaging in binding arbitration.”
St. Mary's Hosp., Inc. v. Phillipe, 769 So. 2d 961 (Fla. 2000). “" This economic damages provision is replicated under section 766.209, which applies when a claimant rejects an offer to arbitrate.”
766.209(4)(a): 7 cases
Bombalier v. Lifemark Hosp. of Fla., 661 So. 2d 849 (Fla. 3d DCA 1995). “Fla. Stat. § 766.209 (4)(a). The Bombaliers appeal from this order contending that the trial court erred by ruling that the parties shall not proceed to arbitration, but rather, to trial.”
Univ. of Miami v. Echarte, 618 So. 2d 189 (Fla. 1993). “207(7)(k) provides that if a defendant rejects a claimant's offer to arbitrate, then section 766.209(3), Florida Statutes (Supp.”
Barlow v. North Okaloosa Med. Ctr., 877 So. 2d 655 (Fla. 2004). “[8] Four relevant scenarios are provided for in section 766.209, Florida Statutes: 1. If neither the claimant nor the defendant requests or agrees to voluntary binding arbitration, the claim proceeds to trial under the Wrongful Death Act.”
Univ. of Miami v. Echarte, 585 So. 2d 293 (Fla. 3d DCA 1991). “[3] Section 766.209, Florida Statutes (Supp. 1988), provides: Effects of failure to offer or accept voluntary binding arbitration.”
Doig v. Chester, 776 So. 2d 1043 (Fla. 5th DCA 2001).
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This Florida statute resource is curated by the lawyer who curates this resource, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). Attorney Syfert regularly handles Chapter 766 matters in the context of medical malpractice litigation and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.