Florida Statute 766.311 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLV
TORTS

Chapter 766
MEDICAL MALPRACTICE AND RELATED MATTERS

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766.311 Conclusiveness of determination or award; appeal.—

(1) A determination of the administrative law judge as to qualification of the claim for purposes of compensability under s. 766.309 or an award by the administrative law judge pursuant to s. 766.31 shall be conclusive and binding as to all questions of fact. Review of an order of an administrative law judge shall be by appeal to the District Court of Appeal. Appeals shall be filed in accordance with rules of procedure prescribed by the Supreme Court for review of such orders.

(2) In case of an appeal from an award of the administrative law judge, the appeal shall operate as a suspension of the award, and the association shall not be required to make payment of the award involved in the appeal until the questions at issue therein shall have been fully determined.

History.—s. 70, ch. 88-1; s. 23, ch. 91-46; s. 6, ch. 93-251; s. 314, ch. 96-410.

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Amendments to 766.311

Annotations, Discussions, Cases:

Cases Citing Statute 766.311

Total Results: 22

Bennett v. St. Vincent's Medical Center, Inc.

71 So. 3d 828, 2011 WL 2637444

Supreme Court of Florida | Filed: Jul 7, 2011 | Docket: 2354289

Cited 16 times | Published

not support the ALJ's decision in this case. Section 766.311(1), Florida Statutes (2001), provides that

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

pursue an appeal of the ALJ's determination, see § 766.311, Fla. Stat. (1997). The issue of immunity from

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

pursue an appeal of the ALJ's determination, see § 766.311, Fla. Stat. (1997). The issue of immunity from

Nagy v. FLA. BIRTH-RELATED NEUROLOG. INJURY COMPENSATION ASSOCIATION

813 So. 2d 155, 2002 WL 385000

District Court of Appeal of Florida | Filed: Mar 13, 2002 | Docket: 1403580

Cited 11 times | Published

conclusive and binding as to all questions of fact." § 766.311(1), Fla. Stat. (1997). An ALJ's findings of fact

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

conclusive and binding as to all questions of fact. § 766.311(1), Fla. Stat. (2007). However, an ALJ's final

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

were subject to judicial review pursuant to section 766.311. Florida Statutes. Accordingly, we conclude

Tarpon Springs Hospital Foundation, Inc. v. Anderson

34 So. 3d 742, 2010 Fla. App. LEXIS 5257, 2010 WL 1563544

District Court of Appeal of Florida | Filed: Apr 21, 2010 | Docket: 1641416

Cited 3 times | Published

conclusive and binding as to all questions of fact." § 766.311(1). The Appellants' argument on this point amounts

Bradford Ex Rel. Bradford v. Fla. Birth-Related Neuro.

667 So. 2d 401, 1995 WL 757878

District Court of Appeal of Florida | Filed: Dec 27, 1995 | Docket: 2560790

Cited 2 times | Published

seek direct review of that order pursuant to section 766.311(1), raising only *402 the issue of whether

St. Vincent's Medical Center, Inc. v. Bennett

27 So. 3d 65, 2009 Fla. App. LEXIS 12744, 2009 WL 2602286

District Court of Appeal of Florida | Filed: Aug 21, 2009 | Docket: 1664696

Cited 1 times | Published

conclusive and binding as to all questions of fact. § 766.311(1), Fla. Stat. An ALJ’s final order is reversible

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

pursue an appeal of the ALJ’s determination, see § 766.311, Fla. Stat. (1997). The issue of immunity from

Matteini v. Florida Birth-Related Neurological

946 So. 2d 1092, 2006 Fla. App. LEXIS 20576, 2006 WL 3523624

District Court of Appeal of Florida | Filed: Dec 8, 2006 | Docket: 64848609

Cited 1 times | Published

conclusive and binding as to all questions of fact.” § 766.311(1), Fla. Stat. (2005). An ALJ’s findings of fact

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

jurisdiction. See art. V, § 4(b)(2), Fla. Const.; § 766.311(1), Fla. Stat. (2000). The sole issue appellant

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

by appeal to a district court of appeal. See § 766.311(1), Fla. Stat.; see also Art. V, § 4(b)(2), Fla

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

by appeal to a district court of appeal. See § 766.311(1), Fla. Stat.; see also Art. V, § 4(b)(2), Fla

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

by appeal to a district court of appeal. See § 766.311(1), Fla. Stat.; see also Art. V, § 4(b)(2), Fla

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

in the Plan. This court has jurisdiction. See § 766.311(1), Fla. Stat. For the following reasons, the

Southern Baptist Hospital of Florida, Inc. v. Johnston ex rel. Johnston

112 So. 3d 787, 2013 WL 2150825, 2013 Fla. App. LEXIS 8046

District Court of Appeal of Florida | Filed: May 17, 2013 | Docket: 60231279

Published

“conclusive and binding as to all questions of fact.” § 766. 311(1), Fla. Stat. While the evidentiary scales may

Orlando Regional Healthcare System, Inc. v. Gwyn

53 So. 3d 385, 2011 Fla. App. LEXIS 1081, 2011 WL 335401

District Court of Appeal of Florida | Filed: Feb 4, 2011 | Docket: 98828

Published

conclusive and binding as provided for in section 766.311. Here, NICA cannot be found to afford the Gwyns'

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

issue therein shall have been fully determined.” § 766.311(1X2), Fla. Stat. See also Fla. R.App. P: 9.190(e)(1)

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

conclusive and binding as to all questions of fact." § 766.311(1), Fla. Stat. (2002). An appellate court must

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

Miami and the claim was heard in Dade County. Section 766.311(1) provides that “review of an order of a judge

In re Emergency Amendments to Rules of Appellate Procedure (Rules 9.020 & 9.310)

541 So. 2d 1142, 14 Fla. L. Weekly 126, 1989 Fla. LEXIS 1284, 1989 WL 27887

Supreme Court of Florida | Filed: Mar 23, 1989 | Docket: 64641948

Published

CURIAM. In 1988 the Florida Legislature created section 766.311, Florida Statutes (Supp. 1988), dealing with

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.