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Florida Statute 766.212 - Full Text and Legal Analysis
Florida Statute 766.212 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 766.212 Case Law from Google Scholar Google Search for Amendments to 766.212

The 2025 Florida Statutes

Title XLV
TORTS
Chapter 766
MEDICAL MALPRACTICE AND RELATED MATTERS
View Entire Chapter
F.S. 766.212
766.212 Appeal of arbitration awards and allocations of financial responsibility.
(1) An arbitration award and an allocation of financial responsibility are final agency action for purposes of s. 120.68. Any appeal shall be taken to the district court of appeal for the district in which the arbitration took place, shall be limited to review of the record, and shall otherwise proceed in accordance with s. 120.68. The amount of an arbitration award or an order allocating financial responsibility, the evidence in support of either, and the procedure by which either is determined are subject to judicial scrutiny only in a proceeding instituted pursuant to this subsection.
(2) No appeal shall operate to stay an arbitration award; nor shall any arbitration panel, arbitration panel member, or circuit court stay an arbitration award. The district court of appeal may order a stay to prevent manifest injustice, but no court shall abrogate the provisions of s. 766.211(2).
(3) Any party to an arbitration proceeding may enforce an arbitration award or an allocation of financial responsibility by filing a petition in the circuit court for the circuit in which the arbitration took place. A petition may not be granted unless the time for appeal has expired. If an appeal has been taken, a petition may not be granted with respect to an arbitration award or an allocation of financial responsibility that has been stayed.
(4) If the petitioner establishes the authenticity of the arbitration award or of the allocation of financial responsibility, shows that the time for appeal has expired, and demonstrates that no stay is in place, the court shall enter such orders and judgments as are required to carry out the terms of the arbitration award or allocation of financial responsibility. Such orders are enforceable by the contempt powers of the court; and execution will issue, upon the request of a party, for such judgments.
History.s. 59, ch. 88-1; s. 35, ch. 88-277.

F.S. 766.212 on Google Scholar

F.S. 766.212 on CourtListener

Amendments to 766.212


Annotations, Discussions, Cases:

Cases Citing Statute 766.212

Total Results: 8

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

regarding whether the express provisions of section 766.212(2), Florida Statutes (1997), unconstitutionally

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 pending review in this court pursuant to section 766.212(2), which allows the district court to stay

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

) Finally, it is the only explanation for section 766.212(1), which states that an arbitration award

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

”3 Estrada appeals from the panel’s award. See § 766.212(1), Fla. Stat. (2012); § 120.68, Fla. Stat. (2012)

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

Fla. Stat. . § 766,207(7)(h), Fla. Stat. . § 766.212(1), Fla. Stat, (1988). . § 766.207, Fla. Stat

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

be appealed to the District Court of Appeal. § 766.212(1), Fla. Stat. (2008). The Estate has appealed

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

governed by section 120.68, as provided in section 766.212(1), Florida Statutes (2014). (“An arbitration

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

) Finally, it is the only explanation for section 766.212(1), which states that an arbitration award