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Fla. Stat. § 766.307 (2025)

Hearing; parties; discovery.

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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.
Notes of Decisions
Cited in 7 cases (3 in the last 5 years), 1992–2025 · leading case: Florida Birth-Related Neurological Injury Comp. Ass'n v. Florida Div. of Admin. Hearings, 948 So. 2d 705 (Fla. 2007).
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Florida Birth-Related Neurological Injury Comp. Ass'n v. Florida Div. of Admin. Hearings, 948 So. 2d 705 (Fla. 2007). · cites it 2× “§ 766.307, Fla. Stat. (1997). 13 The ALJ must consider, but is not bound by, the recommendation of the medical advisory panel.”
Birth-related Inj. Comp. v. Div. Of Admin., 948 So. 2d 705 (Fla. 2007). · cites it 2× “§ 766.307, Fla. Stat. (1997). [13] The ALJ must consider, but is not bound by, the recommendation of the medical advisory panel.”
A.M. v. Bayfront HMA Med. Ctr., LLC (M.D. Fla. 2019). · cites it 2× “See § 766.307(1), Fla. Stat., (requiring that the ALJ set a hearing on the claim between 60 and 120 days after the filing of the petition).”
Shands Jacksonville Med. Ctr., Inc., & Univ. of Florida Bd. of Trs. (Fla. 1st DCA 2024). · cites it 2× “§ 766.307(2), Fla. Stat. (“The parties to the hearing shall include the claimant and the association.”
Shands Jacksonville Med. Ctr., Inc., & Univ. of Florida Bd. of Trs. (Fla. 1st DCA 2024). · cites it 2× “§ 766.307(2), Fla. Stat. (“The parties to the hearing shall include the claimant and the association.”
Shands Jacksonville Med. Ctr., Inc., & Univ. of Florida Bd. of Trs. (Fla. 1st DCA 2025). · cites it 2× “§ 766.307(2), Fla. Stat. (“The parties to the hearing shall include the claimant and the association.”
Florida Birth-Related Neurological Injury Comp. Ass'n v. Carreras, 598 So. 2d 299 (Fla. 3d DCA 1992). · cites it 2× “When a claim is made against the plan for birth related neurological injuries, section 766.307(1) requires the JCC to hold a hearing in the county where the injury occurred.”
— 766.307(1) — 2 cases
A.M. v. Bayfront HMA Med. Ctr., LLC (M.D. Fla. 2019). “See § 766.307(1), Fla. Stat., (requiring that the ALJ set a hearing on the claim between 60 and 120 days after the filing of the petition).”
Florida Birth-Related Neurological Injury Comp. Ass'n v. Carreras, 598 So. 2d 299 (Fla. 3d DCA 1992). “When a claim is made against the plan for birth related neurological injuries, section 766.307(1) requires the JCC to hold a hearing in the county where the injury occurred.”
— 766.307(2) — 4 cases
Shands Jacksonville Med. Ctr., Inc., & Univ. of Florida Bd. of Trs. (Fla. 1st DCA 2024). “§ 766.307(2), Fla. Stat. (“The parties to the hearing shall include the claimant and the association.”
Shands Jacksonville Med. Ctr., Inc., & Univ. of Florida Bd. of Trs. (Fla. 1st DCA 2024). “§ 766.307(2), Fla. Stat. (“The parties to the hearing shall include the claimant and the association.”
Shands Jacksonville Med. Ctr., Inc., & Univ. of Florida Bd. of Trs. (Fla. 1st DCA 2025). “§ 766.307(2), Fla. Stat. (“The parties to the hearing shall include the claimant and the association.”
Florida Birth-Related Neurological Injury Comp. Ass'n v. Carreras, 598 So. 2d 299 (Fla. 3d DCA 1992). “When a claim is made against the plan for birth related neurological injuries, section 766.307(1) requires the JCC to hold a hearing in the county where the injury occurred.”
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This Florida statute resource is curated by Graham W. Syfert, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). Attorney Syfert regularly handles Chapter 766 matters in the context of medical malpractice litigation and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.