Florida Statute 766.304 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLV
TORTS

Chapter 766
MEDICAL MALPRACTICE AND RELATED MATTERS

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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.

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Amendments to 766.304

Annotations, Discussions, Cases:

Cases Citing Statute 766.304

Total Results: 42

Maradiaga v. United States

679 F.3d 1286, 82 Fed. R. Serv. 3d 503, 2012 WL 1581334, 2012 U.S. App. LEXIS 9334

Court of Appeals for the Eleventh Circuit | Filed: May 8, 2012 | Docket: 1858843

Cited 59 times | Published

whether a claim is compensable under the plan. Id. § 766.304. A claim is compensable under the plan only if

O'Leary v. Fla. Birth-Related Neurological Injury Compensation Association

757 So. 2d 624, 2000 Fla. App. LEXIS 6077, 2000 WL 638929

District Court of Appeal of Florida | Filed: May 19, 2000 | Docket: 1331221

Cited 19 times | Published

an administrative proceeding. Section 2. Section 766.304, Florida Statutes, is amended to read: 766

FLA., BIRTH-RELATED NICA v. McKaughan

668 So. 2d 974

Supreme Court of Florida | Filed: Feb 29, 1996 | Docket: 2526353

Cited 16 times | Published

heard by an administrative hearing officer, id. § 766.304, who must determine whether the injury claimed

BIRTH-RELATED INJ. COMP. v. Div. of Admin.

948 So. 2d 705

Supreme Court of Florida | Filed: Jan 11, 2007 | Docket: 1769935

Cited 15 times | Published

violation of NICA's exclusive remedy provision. § 766.304, Fla. Stat. (Supp.1998). ("[N]o civil action may

Humana of Florida, Inc. v. McKaughan

652 So. 2d 852

District Court of Appeal of Florida | Filed: Mar 3, 1995 | Docket: 476328

Cited 14 times | Published

88-1, § 63, at 175, Laws of Fla. (codified at § 766.304, Fla. Stat. (Supp. 1988)).[3] Moreover, even though

All Children's Hosp., Inc. v. Dept. of Admin. Hearings

863 So. 2d 450, 2004 WL 57230

District Court of Appeal of Florida | Filed: Jan 14, 2004 | Docket: 2545452

Cited 12 times | Published

all claims filed pursuant to" its provisions. § 766.304, Fla. Stat. (1997). The precise role of ALJs under

Gugelmin v. ADMINISTRATIVE HEARINGS

815 So. 2d 764, 2002 WL 885235

District Court of Appeal of Florida | Filed: May 8, 2002 | Docket: 1278051

Cited 12 times | Published

recite the applicable law, appellees cite section 766.304, Florida Statutes (1999), which provides: If

University of Miami v. MA

793 So. 2d 999, 2001 WL 649618

District Court of Appeal of Florida | Filed: Jun 13, 2001 | Docket: 1677861

Cited 12 times | Published

exclusively in an administrative proceeding." Section 766.304 was amended, in part, to add the following

Tabb Ex Rel. Tabb v. FLORIDA NICA

880 So. 2d 1253, 2004 WL 1920005

District Court of Appeal of Florida | Filed: Aug 30, 2004 | Docket: 1294959

Cited 10 times | Published

appeal."). The ALJ's authority derives from section 766.304, Florida Statutes (2001): The administrative

University of Miami v. Ruiz

916 So. 2d 865, 2005 WL 2862055

District Court of Appeal of Florida | Filed: Nov 2, 2005 | Docket: 1659599

Cited 6 times | Published

is found to be non-compensable according to section 766.304, and it allows a form of immunity from suit

PEDIATRIX MEDICAL GROUP OF FLA. v. Falconer

31 So. 3d 310

District Court of Appeal of Florida | Filed: Apr 7, 2010 | Docket: 1150723

Cited 5 times | Published

whether a claim is compensable under the plan. § 766.304, Fla. Stat. (2009). In the administrative proceedings

Orhs v. Florida Birth-Related Neurological

997 So. 2d 426, 2008 WL 4753729

District Court of Appeal of Florida | Filed: Oct 31, 2008 | Docket: 2533944

Cited 5 times | Published

issue if it amounts to a conclusion of law. Section 766.304 grants an ALJ exclusive jurisdiction to determine

FLA. HEALTH SCIENCES CENTER, INC. v. Div. of Admin. Hearings

871 So. 2d 1062

District Court of Appeal of Florida | Filed: May 12, 2004 | Docket: 1300427

Cited 5 times | Published

birth-related neurological injuries."). Pursuant to section 766.304, the ALJ "shall hear and determine all [NICA]

Romine v. FLORIDA BIRTH RELATED NICA

842 So. 2d 148, 2003 WL 327530

District Court of Appeal of Florida | Filed: Feb 14, 2003 | Docket: 1730578

Cited 5 times | Published

retroactively apply the July 1, 1998 amendment to section 766.304, Florida Statutes, barring the recovery of

Samples v. Florida Birth-Related Neurological

40 So. 3d 18, 2010 Fla. App. LEXIS 8763, 2010 WL 2425998

District Court of Appeal of Florida | Filed: Jun 18, 2010 | Docket: 1667052

Cited 4 times | Published

reasons supported by detailed factual findings. Section 766.304, Florida Statutes, affords the ALJ all powers

ORLANDO REGIONAL HEALTHCARE v. Alexander

932 So. 2d 598, 31 Fla. L. Weekly Fed. D 1788

District Court of Appeal of Florida | Filed: Jun 30, 2006 | Docket: 1285486

Cited 4 times | Published

of the exclusiveness of the NICA remedy. See § 766.304, Fla. Stat. (2005). The trial court agreed with

ORLANDO REGIONAL HEALTHCARE v. Alexander

909 So. 2d 582, 2005 WL 2104317

District Court of Appeal of Florida | Filed: Sep 2, 2005 | Docket: 1663217

Cited 4 times | Published

abnormality. § 766.302(2), Fla. Stat. (2003). Section 766.304 outlines the exclusive nature of NICA's relief:

Univeristy of Miami, School of Medicine v. Ruiz

164 So. 3d 758, 2015 Fla. App. LEXIS 7980, 2015 WL 3390092

District Court of Appeal of Florida | Filed: May 27, 2015 | Docket: 2659833

Cited 3 times | Published

whether a claim filed under [NICA] is compensable.” § 766.304, Fla. Stat. (1998). The ALJ also has jurisdiction

Pediatrix Medical Group of Florida, Inc. v. Falconer

31 So. 3d 310, 2010 Fla. App. LEXIS 4502, 2010 WL 1329656

District Court of Appeal of Florida | Filed: Apr 7, 2010 | Docket: 60289574

Cited 3 times | Published

whether a claim is compensable under the plan. § 766.304, Fla. Stat. (2009). In the administrative proceedings

Weinstock v. Houvardas

924 So. 2d 982, 2006 WL 931588

District Court of Appeal of Florida | Filed: Apr 12, 2006 | Docket: 1735948

Cited 3 times | Published

petitioners further alleged that pursuant to section 766.304 no civil action may be brought until the determinations

BIRTH-RELATED N. INJURY COMP. v. Carreras

633 So. 2d 1103, 1994 WL 45168

District Court of Appeal of Florida | Filed: Feb 15, 1994 | Docket: 1296241

Cited 3 times | Published

claims filed pursuant to ss. 766.301-766.316... ." § 766.304, Fla. Stat. (1991). Effective in 1993, the statute

Anderson Ex Rel. Anderson v. Helen Ellis Memorial Hospital Foundation, Inc.

66 So. 3d 1095, 2011 Fla. App. LEXIS 13083, 2011 WL 3629352

District Court of Appeal of Florida | Filed: Aug 19, 2011 | Docket: 1912956

Cited 2 times | Published

release it to pursue multiple birds in the bush. Section 766.304 provides the ALJ with exclusive jurisdiction

FLA. BIRTH-RELATED NEURO. v. DeMarko

640 So. 2d 181

District Court of Appeal of Florida | Filed: Aug 1, 1994 | Docket: 1718962

Cited 2 times | Published

originally brought under the Act, an amendment to section 766.304 transferred jurisdiction over such claims to

MacRi v. CLEMENTS AND ASHMORE, PA

15 So. 3d 762, 2009 WL 2048919

District Court of Appeal of Florida | Filed: Jul 16, 2009 | Docket: 1660428

Cited 1 times | Published

to other matters affecting compensability. See § 766.304, Fla. Stat. Although the appellants did not want

Macri v. Clements & Ashmore, P.A.

15 So. 3d 762, 2009 Fla. App. LEXIS 9699

District Court of Appeal of Florida | Filed: Jul 16, 2009 | Docket: 60244143

Cited 1 times | Published

to other matters affecting compensability. See § 766.304, Fla. Stat. Although the appellants did not want

Florida Birth-Related Neurological Injury Compensation Ass'n v. Florida Division of Administrative Hearings

948 So. 2d 705, 2007 Fla. LEXIS 2

Supreme Court of Florida | Filed: Jan 11, 2007 | Docket: 64849096

Cited 1 times | Published

violation of NICA’s exclusive remedy provision. § 766.304, Fla. Stat. (Supp.1998). (“[N]o civil action may

Rinella v. Abifaraj

908 So. 2d 1126, 2005 Fla. App. LEXIS 12192, 2005 WL 1832017

District Court of Appeal of Florida | Filed: Aug 4, 2005 | Docket: 64840015

Cited 1 times | Published

claims until the necessary determinations under section 766.304, Florida Statutes, were made by the ALJ. Appellees

Depart v. MacRi

902 So. 2d 271, 2005 WL 1199057

District Court of Appeal of Florida | Filed: May 23, 2005 | Docket: 1675079

Cited 1 times | Published

judge following a hearing held pursuant to section 766.304, Florida Statutes (2000), to determine compensability

Florida Birth-Related Neurological Injury Compensation Ass'n v. McKaughan

668 So. 2d 974, 21 Fla. L. Weekly Supp. 91, 1996 Fla. LEXIS 277

Supreme Court of Florida | Filed: Feb 29, 1996 | Docket: 64762717

Cited 1 times | Published

heard by an administrative hearing officer, id. § 766.304, who must determine whether the injury claimed

Shands Jacksonville Medical Center, Inc., and University of Florida Board of Trustees

District Court of Appeal of Florida | Filed: Aug 7, 2025 | Docket: 69455307

Published

circumstances. § 766.303(2), Fla. Stat.; see also § 766.304, Fla. Stat. (precluding a recipient of compensation

Shands Jacksonville Medical Center, Inc., and University of Florida Board of Trustees

District Court of Appeal of Florida | Filed: Dec 11, 2024 | Docket: 69455307

Published

5 § 766.303(2), Fla. Stat.; see also § 766.304, Fla. Stat. (precluding a recipient of compensation

Shands Jacksonville Medical Center, Inc., and University of Florida Board of Trustees

District Court of Appeal of Florida | Filed: Dec 11, 2024 | Docket: 69455307

Published

5 § 766.303(2), Fla. Stat.; see also § 766.304, Fla. Stat. (precluding a recipient of compensation

Erica McDonald, as Parent and Natural Guardian of J.M., a Minor v. Florida Birth-Related Neurological Injury Compensation Association, and Florida Health Sciences Center, Inc. D/B/A Tampa General Hospital; And University of South Florida Board of Trustees

District Court of Appeal of Florida | Filed: Nov 20, 2024 | Docket: 69393186

Published

Appellant from filing an action in circuit court. See § 766.304, Fla. Stat. (“No civil action may be brought until

Sylvia Siegfried, M.D. v. Yanara Avila-Cana

District Court of Appeal of Florida | Filed: Aug 14, 2024 | Docket: 69042411

Published

from an Administrative Law Judge (ALJ). 1 See § 766.304, Fla. Stat. (2016) (“No civil action may be brought

University of Miami, School of Medicine v. Ruiz

District Court of Appeal of Florida | Filed: Feb 11, 2015 | Docket: 2633385

Published

whether a claim filed under [NICA] is compensable.” § 766.304, Fla. Stat. (1998). The ALJ also has jurisdiction

University of Miami v. Exposito ex rel. Gonzales

87 So. 3d 803, 2012 WL 1448963, 2012 Fla. App. LEXIS 6544

District Court of Appeal of Florida | Filed: Apr 27, 2012 | Docket: 60308049

Published

determine the issue of com-pensability under section 766.304, Florida Statutes (2010). Background and the

De Souza v. Ortiz

901 So. 2d 269, 2005 Fla. App. LEXIS 6000, 2005 WL 957593

District Court of Appeal of Florida | Filed: Apr 27, 2005 | Docket: 64838011

Published

injuries. See § 766.303(2), Fla. Stat. Further, section 766.304, Florida Statutes, provides that the administrative

Gugelmin v. Florida Birth Related Neurological Injury Compensation Ass'n

882 So. 2d 517, 2004 Fla. App. LEXIS 13846, 2004 WL 2101891

District Court of Appeal of Florida | Filed: Sep 22, 2004 | Docket: 64832581

Published

remained the same, the legislature amended section 766.304, vesting the administrative law judge with

Florida Health Sciences Center, Inc. v. Division of Administrative Hearings

871 So. 2d 1062, 2004 Fla. App. LEXIS 6620, 2004 WL 1057684

District Court of Appeal of Florida | Filed: May 12, 2004 | Docket: 64830144

Published

birth-related neurological injuries.”). Pursuant to section 766.304, the ALJ “shall hear and determine all [NICA]

Adventist Hlth. v. Fl. Birth-Related Injury

865 So. 2d 561, 2004 WL 19485

District Court of Appeal of Florida | Filed: Jan 2, 2004 | Docket: 1231502

Published

Florida Statutes, are made applicable by section 766.304, Florida Statutes, which provides: The administrative

Gilbert v. Florida Birth-Related Neurological Injury Compensation Ass'n

724 So. 2d 688, 1999 Fla. App. LEXIS 472, 1999 WL 22730

District Court of Appeal of Florida | Filed: Jan 22, 1999 | Docket: 64785591

Published

In 1998, however, the legislature did amend section 766.304 to provide: 766.304 Administrative law judge

Florida Birth-Related Neurological Injury Compensation Ass'n v. DeMarko

640 So. 2d 181, 1994 Fla. App. LEXIS 7588, 1994 WL 393479

District Court of Appeal of Florida | Filed: Aug 1, 1994 | Docket: 64749911

Published

originally brought under the Act, an amendment to section 766.304 transferred jurisdiction over such claims to

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 766 in the context of medical malpractice litigation and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.