Florida Statutes

Fla. Stat. § 766.212 (2025)

Appeal of arbitration awards and allocations of financial responsibility.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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 Hosp., Inc. v. Phillipe, 769 So. 2d 961 (Fla. 2000).

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St. Mary's Hosp., Inc. v. Phillipe, 769 So. 2d 961 (Fla. 2000). · 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, 211 So. 3d 19 (Fla. 2016). · 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, 699 So. 2d 1017 (Fla. 4th DCA 1997). · cites it 15× “[2] See § 766.212, Fla. Stat. (1995), which provides that: "766.”

Estrada v. Mercy Hosp., Inc., 121 So. 3d 51 (Fla. 3d DCA 2013). · cites it 4× “See § 766.212(1), Fla. Stat. (2012); § 120.68, Fla.”

Plantation Gen. Hosp. Ltd. P'ship v. Div. of Admin. Hearings, Bernard Belzi, Etc., 243 So. 3d 985 (Fla. 4th DCA 2018). · cites it 4× “68, as provided in section 766.212(1), Florida Statutes (2014).”

Deno v. Lifemark Hosp. of Florida, Inc., 45 So. 3d 959 (Fla. 3d DCA 2010). · cites it 2× “§ 766.212(1), Fla. Stat. (2008). The Estate has appealed.”

Bdo Seidman v. Banco Espirito Santo Int'l, Ltd., 998 So. 2d 1 (Fla. 3d DCA 2008). “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, 655 So. 2d 1191 (Fla. 1st DCA 1995). · 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 Mem'l Reg'l Med. Ctr., Inc. v. Kinsey, 655 So. 2d 1191 (Fla. 1st DCA 1995). · 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, 211 So. 3d 19 (Fla. 2016). “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 Hosp., Inc., 121 So. 3d 51 (Fla. 3d DCA 2013). “See § 766.212(1), Fla. Stat. (2012); § 120.68, Fla.”

St. Mary's Hosp., Inc. v. Phillipe, 699 So. 2d 1017 (Fla. 4th DCA 1997). “[2] See § 766.212, Fla. Stat. (1995), which provides that: "766.”

Deno v. Lifemark Hosp. of Florida, Inc., 45 So. 3d 959 (Fla. 3d DCA 2010). “§ 766.212(1), Fla. Stat. (2008). The Estate has appealed.”

Plantation Gen. Hosp. Ltd. P'ship v. Div. of Admin. Hearings, Bernard Belzi, Etc., 243 So. 3d 985 (Fla. 4th DCA 2018). “68, as provided in section 766.212(1), Florida Statutes (2014).”

— 766.212(2) — 4 cases

St. Mary's Hosp., Inc. v. Phillipe, 769 So. 2d 961 (Fla. 2000). “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, 699 So. 2d 1017 (Fla. 4th DCA 1997). “[2] See § 766.212, Fla. Stat. (1995), which provides that: "766.”

Plantation Gen. Hosp. Ltd. P'ship v. Div. of Admin. Hearings, Bernard Belzi, Etc., 243 So. 3d 985 (Fla. 4th DCA 2018). “68, as provided in section 766.212(1), Florida Statutes (2014).”

— 766.212(4) — 1 case

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