766.212

Appeal of arbitration awards and allocations of financial responsibility.

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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.

Notes of Decisions

Cited in 9 cases, 1995–2018 · leading case: St. Mary's Hospital, Inc. v. Phillipe

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St. Mary's Hospital, Inc. v. Phillipe (2000) fla · cites it 17× “The district court disagreed, holding that section 766.212 "created a modified right to judicial review of arbitration awards" and "an equally substantive *964 right to payment of the award during review.”

Eileen Hernandez, M.D. v. Lualhati Crespo (2016) fla · cites it 8× “2000) (“[T]he most significant incentive for defendants to concede liability and submit the issue of damages to arbitration is the 0,000 cap on noneconomic damages.”). 2. § 766.207(4)-(5), Fla.”

St. Mary's Hosp., Inc. v. Phillipe (1997) fladistctapp · cites it 15× “[2] See § 766.212, Fla. Stat. (1995), which provides that: "766.”

Estrada v. Mercy Hospital, Inc. (2013) fladistctapp · cites it 4× “See § 766.212(1), Fla. Stat. (2012); § 120.68, Fla.”

PLANTATION GENERAL HOSPITAL LIMITED PARTNERSHIP v. DIVISION OF ADMIN. HEARINGS, BERNARD BELZI, etc. (2018) fladistctapp · cites it 4× “68, as provided in section 766.212(1), Florida Statutes (2014).”

Deno v. Lifemark Hospital of Florida, Inc. (2010) fladistctapp · cites it 2× “§ 766.212(1), Fla. Stat. (2008). The Estate has appealed.”

BDO Seidman v. BANCO ESPIRITO SANTO INTERNATIONAL, LTD. (2008) fladistctapp “Mary's contention that subsection 766.212(2) of the Florida Statutes, which limits the ability of a medical malpractice defendant to stay an arbitration award, unconstitutionally infringes upon the Court's rule-making authority.”

TALLAHASSEE MEM. REG. MED. v. Kinsey (1995) fladistctapp · cites it 2× “The essence of appellants' motion to dismiss was that the circuit court lacked jurisdiction because the procedure for enforcement of an arbitration award such as that at issue was set forth in section 766.212, rather than in the Arbitration Code, and appellees had failed to…”

Tallahassee Memorial Regional Medical Center, Inc. v. Kinsey (1995) fladistctapp · cites it 2× “The essence of appellants’ motion to dismiss was that the circuit court lacked jurisdiction because the procedure for enforcement of an arbitration award such as that at issue was set forth in section 766.212, rather than in the Arbitration Code, and appellees had failed to…”

— 766.212(1) — 7 cases

Eileen Hernandez, M.D. v. Lualhati Crespo (2016) fla “2000) (“[T]he most significant incentive for defendants to concede liability and submit the issue of damages to arbitration is the 0,000 cap on noneconomic damages.”). 2. § 766.207(4)-(5), Fla.”

Estrada v. Mercy Hospital, Inc. (2013) fladistctapp “See § 766.212(1), Fla. Stat. (2012); § 120.68, Fla.”

St. Mary's Hosp., Inc. v. Phillipe (1997) fladistctapp “[2] See § 766.212, Fla. Stat. (1995), which provides that: "766.”

Deno v. Lifemark Hospital of Florida, Inc. (2010) fladistctapp “§ 766.212(1), Fla. Stat. (2008). The Estate has appealed.”

PLANTATION GENERAL HOSPITAL LIMITED PARTNERSHIP v. DIVISION OF ADMIN. HEARINGS, BERNARD BELZI, etc. (2018) fladistctapp “68, as provided in section 766.212(1), Florida Statutes (2014).”

— 766.212(2) — 4 cases

St. Mary's Hospital, Inc. v. Phillipe (2000) fla “The district court disagreed, holding that section 766.212 "created a modified right to judicial review of arbitration awards" and "an equally substantive *964 right to payment of the award during review.”

St. Mary's Hosp., Inc. v. Phillipe (1997) fladistctapp “[2] See § 766.212, Fla. Stat. (1995), which provides that: "766.”

PLANTATION GENERAL HOSPITAL LIMITED PARTNERSHIP v. DIVISION OF ADMIN. HEARINGS, BERNARD BELZI, etc. (2018) fladistctapp “68, as provided in section 766.212(1), Florida Statutes (2014).”

— 766.212(4) — 1 case

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