Florida Statute 766.307 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLV
TORTS

Chapter 766
MEDICAL MALPRACTICE AND RELATED MATTERS

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766.307 Hearing; parties; discovery.—

(1) The administrative law judge shall set the date for a hearing no sooner than 60 days and no later than 120 days after the filing by a claimant of a petition in compliance with s. 766.305. The administrative law judge shall immediately notify the parties of the time and place of such hearing, which shall be held in the county where the injury occurred unless otherwise agreed to by the parties and authorized by the division.

(2) The parties to the hearing shall include the claimant and the association.

(3) Any party to a proceeding under ss. 766.301-766.316 may, upon application to the administrative law judge setting forth the materiality of the evidence to be given, serve interrogatories or cause the depositions of witnesses residing within or without the state to be taken, the costs thereof to be taxed as expenses incurred in connection with the filing of a claim. Such depositions shall be taken after giving notice and in the manner prescribed for the taking of depositions in actions at law, except that they shall be directed to the administrative law judge before whom the proceedings may be pending.

History.—s. 66, ch. 88-1; s. 19, ch. 91-46; s. 2, ch. 94-106; s. 310, ch. 96-410.

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Amendments to 766.307

Annotations, Discussions, Cases:

Cases Citing Statute 766.307

Total Results: 6

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

determined in an administrative hearing before an ALJ. § 766.307, Fla. Stat. (1997).[13] The ALJ must consider

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

determined in an administrative hearing before an ALJ. § 766.307, Fla. Stat. (1997).13 The ALJ must consider, but

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

766.303(1), 766.315(4), (5)(a), Fla. Stat.; cf. § 766.307(2), Fla. Stat. (“The parties to the hearing shall

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

766.303(1), 766.315(4), (5)(a), Fla. Stat.; cf. § 766.307(2), Fla. Stat. (“The parties to the hearing shall

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

766.303(1), 766.315(4), (5)(a), Fla. Stat.; cf. § 766.307(2), Fla. Stat. (“The parties to the hearing shall

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

598 So. 2d 299, 1992 Fla. App. LEXIS 5238, 1992 WL 102430

District Court of Appeal of Florida | Filed: May 15, 1992 | Docket: 64667157

Published

plan for birth related neurological injuries, section 766.307(1) requires the JCC to hold a hearing in the

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.