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

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

Court: District Court of Appeal of Florida | Date Filed: 2024-12-11

Snippet: 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

Court: District Court of Appeal of Florida | Date Filed: 2024-12-11

Snippet: 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

Court: District Court of Appeal of Florida | Date Filed: 2024-11-20

Snippet: under NICA is compensable.” §§ 766.301(1)(d), 766.304, and 766.311(1), Fla. Stat. (2015). Because

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

Court: District Court of Appeal of Florida | Date Filed: 2024-08-14

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

Univeristy of Miami, School of Medicine v. Ruiz

Court: District Court of Appeal of Florida | Date Filed: 2015-05-27

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: District Court of Appeal of Florida | Date Filed: 2015-02-11

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: District Court of Appeal of Florida | Date Filed: 2012-04-27

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

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

Court: District Court of Appeal of Florida | Date Filed: 2011-08-19

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

Snippet: to pursue multiple birds in the bush. Section 766.304 provides the ALJ with exclusive jurisdiction to

Samples v. Florida Birth-Related Neurological

Court: District Court of Appeal of Florida | Date Filed: 2010-06-18

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

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

Pediatrix Medical Group of Florida, Inc. v. Falconer

Court: District Court of Appeal of Florida | Date Filed: 2010-04-07

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

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

PEDIATRIX MEDICAL GROUP OF FLA. v. Falconer

Court: District Court of Appeal of Florida | Date Filed: 2010-04-07

Citation: 31 So. 3d 310

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

Macri v. Clements & Ashmore, P.A.

Court: District Court of Appeal of Florida | Date Filed: 2009-07-16

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

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

MacRi v. CLEMENTS AND ASHMORE, PA

Court: District Court of Appeal of Florida | Date Filed: 2009-07-16

Citation: 15 So. 3d 762, 2009 WL 2048919

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

Orhs v. Florida Birth-Related Neurological

Court: District Court of Appeal of Florida | Date Filed: 2008-10-31

Citation: 997 So. 2d 426, 2008 WL 4753729

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: Supreme Court of Florida | Date Filed: 2007-01-11

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

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

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

Court: Supreme Court of Florida | Date Filed: 2007-01-11

Citation: 948 So. 2d 705

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

ORLANDO REGIONAL HEALTHCARE v. Alexander

Court: District Court of Appeal of Florida | Date Filed: 2006-06-30

Citation: 932 So. 2d 598

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

Weinstock v. Houvardas

Court: District Court of Appeal of Florida | Date Filed: 2006-04-12

Citation: 924 So. 2d 982, 2006 WL 931588

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

University of Miami v. Ruiz

Court: District Court of Appeal of Florida | Date Filed: 2005-11-02

Citation: 916 So. 2d 865, 2005 WL 2862055

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: District Court of Appeal of Florida | Date Filed: 2005-09-02

Citation: 909 So. 2d 582

Snippet: Stat. (2003). Section 766.304 outlines the exclusive nature of NICA's relief: 766.304. Administrative law