Florida Statute 766.304 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLV
TORTS

Chapter 766
MEDICAL MALPRACTICE AND RELATED MATTERS

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F.S. 766.304

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

Arrestable Offenses / Crimes under Fla. Stat. 766.304

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 766.304.

Annotations, Discussions, Cases:

Cases Citing Statute 766.304

Total Results: 20

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

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-14T00:00:00-07:00

Snippet: from an Administrative Law Judge (ALJ). 1 See § 766.304, Fla. Stat. (2016) (“No civil action may be brought…case does not satisfy the requirements of section 766.304, Florida Statutes (2016), which states: “No civil

Univeristy of Miami, School of Medicine v. Ruiz

Court: Fla. Dist. Ct. App. | Date Filed: 2015-05-27T00:00:00-07:00

Citation: 164 So. 3d 758, 2015 Fla. App. LEXIS 7980

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

University of Miami, School of Medicine v. Ruiz

Court: Fla. Dist. Ct. App. | Date Filed: 2015-02-10T23:53:00-08:00

Snippet: 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

Court: Fla. Dist. Ct. App. | Date Filed: 2012-04-27T00:00:00-07:00

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

Snippet: determine the issue of com-pensability under section 766.304, Florida Statutes (2010). Background and the Underlying…available under common law and statutory law. § 766.304, Fla. Stat. (2010) (emphasis added). The Legislature…of action may be maintained in circuit court. § 766.304, Fla. Stat. (2010). Thus the legal issue presented… been made by the administrative law judge.” § 766.304 Fla. Stat. (2010). And “[i]f it is determined that… filed under this act is compensable,” section 766.304, Fla. Stat. (2010), regardless of whether that

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

Court: Fla. Dist. Ct. App. | Date Filed: 2011-08-19T00:00:00-07:00

Citation: 66 So. 3d 1095

Snippet: to pursue multiple birds in the bush. Section 766.304 provides the ALJ with exclusive jurisdiction to…section 766.316").[2] We note that section 766.304 provides that "[n]o civil action may be brought…becomes necessary. The Hospital argues that section 766.304 requires the ALJ to make the necessary determinations

Samples v. Florida Birth-Related Neurological

Court: Fla. Dist. Ct. App. | Date Filed: 2010-06-18T00:00:00-07:00

Citation: 40 So. 3d 18

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

PEDIATRIX MEDICAL GROUP OF FLA. v. Falconer

Court: Fla. Dist. Ct. App. | Date Filed: 2010-04-07T00:53:00-07:00

Citation: 31 So. 3d 310

Snippet: whether a claim is compensable under the plan. § 766.304, Fla. Stat. (2009). In the administrative proceedings…for a compensable injury under NICA. See also § 766.304, Fla. Stat. (2009) ("If the administrative…that determination has not already been made. § 766.304 (explaining that ALJ has exclusive jurisdiction

Pediatrix Medical Group of Florida, Inc. v. Falconer

Court: Fla. Dist. Ct. App. | Date Filed: 2010-04-07T00:00:00-07:00

Citation: 31 So. 3d 310

Snippet: whether a claim is compensable under the plan. § 766.304, Fla. Stat. (2009). In the administrative proceedings…for a com-pensable injury under NICA. See also § 766.304, Fla. Stat. (2009) (“If the administrative law …that determination has not already been made. § 766.304 (explaining that ALJ has exclusive jurisdiction

MacRi v. CLEMENTS AND ASHMORE, PA

Court: Fla. Dist. Ct. App. | Date Filed: 2009-07-16T00:53:00-07:00

Citation: 15 So. 3d 762

Snippet: other matters affecting compensability. See § 766.304, Fla. Stat. Although the appellants did not want…That ruling was made in accordance with section 766.304, which precludes a Plan award if there has been…statutory proscriptions in sections 766.303(2) and 766.304, such an express allegation should have been made…conclusive and binding). And as indicated in section 766.304, an award should not be made under the Plan if

Macri v. Clements & Ashmore, P.A.

Court: Fla. Dist. Ct. App. | Date Filed: 2009-07-16T00:00:00-07:00

Citation: 15 So. 3d 762

Orhs v. Florida Birth-Related Neurological

Court: Fla. Dist. Ct. App. | Date Filed: 2008-10-31T00:00:00-07:00

Citation: 997 So. 2d 426

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

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

Court: Fla. | Date Filed: 2007-01-11T00:00:00-08:00

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

Snippet: exclusively within the province of the ALJ, see § 766.304, Fla. Stat. (Supp.1998) — subject, of course, to… a claim filed under [NICA] is compensable.” § 766.304. The 1998 amendments also established that “[n]…exclusiveness of remedy provisions of s. 766.303.” § 766.304. That determination concerning tort immunity will

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

Court: Fla. | Date Filed: 2007-01-10T23:53:00-08:00

Citation: 948 So. 2d 705

Snippet: proceeding. Section 2. Section 766.304, Florida Statutes, is amended to read: 766.304 Administrative law judge…violation of NICA's exclusive remedy provision. § 766.304, Fla. Stat. (Supp.1998). ("[N]o civil action…, in chapter 98-113, amended sections 766.301, 766.304, and 766.316, as follows: . . . . Be It Enacted…Section 6. The amendments to sections 766.301 and 766.304, Florida Statutes, shall take effect July 1, 1998…duties of the administrative law judge. Section 766.304 states that the administrative law judge shall

ORLANDO REGIONAL HEALTHCARE v. Alexander

Court: Fla. Dist. Ct. App. | Date Filed: 2006-06-30T00:53:00-07:00

Citation: 932 So. 2d 598

Snippet: of the exclusiveness of the NICA remedy. See § 766.304, Fla. Stat. (2005). The trial court agreed with…compensable under NICA was affirmed on appeal. Section 766.304, Florida Statutes (2005), states that, if the ALJ

Weinstock v. Houvardas

Court: Fla. Dist. Ct. App. | Date Filed: 2006-04-12T00:53:00-07:00

Citation: 924 So. 2d 982

Snippet: petitioners further alleged that pursuant to section 766.304 no civil action may be brought until the determinations…with the authority to rule on that issue. Section 766.304, Florida Statutes (2003), states: "The administrative

University of Miami v. Ruiz

Court: Fla. Dist. Ct. App. | Date Filed: 2005-11-01T23:53:00-08:00

Citation: 916 So. 2d 865

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

ORLANDO REGIONAL HEALTHCARE v. Alexander

Court: Fla. Dist. Ct. App. | Date Filed: 2005-09-02T00:53:00-07:00

Citation: 909 So. 2d 582

Snippet: (2003). Section 766.304 outlines the exclusive nature of NICA's relief: 766.304. Administrative law…available *585 under common law and statutory law. § 766.304, Fla. Stat. (2003). Of particular importance to

Rinella v. Abifaraj

Court: Fla. Dist. Ct. App. | Date Filed: 2005-08-04T00:00:00-07:00

Citation: 908 So. 2d 1126

Snippet: until the necessary determinations under section 766.304, Florida Statutes, were made by the ALJ. Appellees…Fla. 1st DCA 2002). As amended in 1998, section 766.304, Florida Statutes, grants the ALJ exclusive jurisdiction

Depart v. MacRi

Court: Fla. Dist. Ct. App. | Date Filed: 2005-05-23T00:53:00-07:00

Citation: 902 So. 2d 271

Snippet: judge following a hearing held pursuant to section 766.304, Florida Statutes (2000), to determine compensability…therefore subject to de novo review"). Section 766.304, Florida Statutes (2000), states that "[t]

De Souza v. Ortiz

Court: Fla. Dist. Ct. App. | Date Filed: 2005-04-27T00:00:00-07:00

Citation: 901 So. 2d 269

Snippet: See § 766.303(2), Fla. Stat. Further, section 766.304, Florida Statutes, provides that the administrative…compensable as a birth-related neurological injury. §§ 766.304; 766.309(1)(a), Fla. Stat. If a patient is determined