766.304
Administrative law judge to determine claims.
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766.304 Administrative law judge to determine claims.—The administrative law judge shall hear and determine all claims filed pursuant to ss. 766.301-766.316 and shall exercise the full power and authority granted to her or him in chapter 120, as necessary, to carry out the purposes of such sections. The administrative law judge has exclusive jurisdiction to determine whether a claim filed under this act is compensable. No civil action may be brought until the determinations under s. 766.309 have been made by the administrative law judge. If the administrative law judge determines that the claimant is entitled to compensation from the association, or if the claimant accepts an award issued under s. 766.31, no civil action may be brought or continued in violation of the exclusiveness of remedy provisions of s. 766.303. If it is determined that a claim filed under this act is not compensable, neither the doctrine of collateral estoppel nor res judicata shall prohibit the claimant from pursuing any and all civil remedies available under common law and statutory law. The findings of fact and conclusions of law of the administrative law judge shall not be admissible in any subsequent proceeding; however, the sworn testimony of any person and the exhibits introduced into evidence in the administrative case are admissible as impeachment in any subsequent civil action only against a party to the administrative proceeding, subject to the Rules of Evidence. An award may not be made or paid under ss. 766.301-766.316 if the claimant recovers under a settlement or a final judgment is entered in a civil action.
History.—s. 63, ch. 88-1; s. 17, ch. 91-46; s. 3, ch. 93-251; s. 308, ch. 96-410; s. 1803, ch. 97-102; s. 2, ch. 98-113; s. 90, ch. 99-3; s. 75, ch. 2003-416; s. 109, ch. 2013-18.
Notes of Decisions
Cited in 43
cases (6 in the last 5 years), 1994–2025 · leading case: Romine v. FLORIDA BIRTH RELATED NICA
Romine v. FLORIDA BIRTH RELATED NICA (2003)
“See § 766.304, Fla. Stat. (Supp.1998). [6] In Metropolitan Dade County v.”
All Children's Hosp., Inc. v. Dept. of Admin. Hearings (2004)
“§ 766.304, Fla. Stat. (1997). The precise role of ALJs under the statutory scheme, however, has been the subject of considerable dispute and controversy.”
Florida Birth-Related Neurological Injury Compensation Ass'n v. Florida Division of Administrative Hearings (2007)
“§ 766.304, Fla. Stat. (Supp.1998). (“[N]o civil action may be brought or continued in violation of the exclusiveness of remedy provisions of s.”
Gugelmin v. ADMINISTRATIVE HEARINGS (2002)
“Arguing that the ALJ did nothing more than recite the applicable law, appellees cite section 766.304, Florida Statutes (1999), which provides: If the administrative law judge determines that the claimant is entitled to compensation from the association, no civil action may be…”
O'Leary v. Fla. Birth-Related Neurological Injury Compensation Association (2000)
“Section 766.304, Florida Statutes, is amended to read: 766.”
Humana of Florida, Inc. v. McKaughan (1995)
“(codified at § 766.304, Fla. Stat. (Supp. 1988)). [3] Moreover, even though an administrative hearing officer now performs this function, that officer, as well as a party to the proceeding, can invoke the jurisdiction of a circuit court for assistance in the determination and…”
University of Miami v. Exposito ex rel. Gonzales (2012)
“§ 766.304, Fla. Stat. (2010) (emphasis added).”
Tabb Ex Rel. Tabb v. FLORIDA NICA (2004)
“The ALJ's authority derives from section 766.304, Florida Statutes (2001): The administrative law judge shall hear and determine all claims filed pursuant to ss.”
Samples v. Florida Birth-Related Neurological (2010)
“Section 766.304, Florida Statutes, affords the ALJ all powers authorized under the APA, including conducting an evidentiary hearing to determine the proper amount, division and distribution of the parental award.”
ORLANDO REGIONAL HEALTHCARE v. Alexander (2006)
“See § 766.304, Fla. Stat. (2005). The trial court agreed with ORHS and entered final summary judgment in its favor.”
ORLANDO REGIONAL HEALTHCARE v. Alexander (2005)
“§ 766.304, Fla. Stat. (2003). Of particular importance to the instant appeal, NICA requires that healthcare providers demonstrate that they gave pre-delivery notice to their obstetrical patients of their participation in the NICA plan as a condition precedent to invoking NICA's…”
Pediatrix Medical Group of Florida, Inc. v. Falconer (2010)
“§ 766.304, Fla. Stat. (2009). In the administrative proceedings, the parties stipulated that the claim was compensable because the delivering doctor was a participating physician, and the doctor and hospital had complied with the notice provisions of NICA.”
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