Florida Statutes
Chapter 766 - Medical Malpractice and Related Matters
766.212 - Appeal of Arbitration Awards and Allocations of Financial Responsibility.


(1) An arbitration award and an allocation of financial responsibility are final agency action for purposes of s. 120.68. Any appeal shall be taken to the district court of appeal for the district in which the arbitration took place, shall be limited to review of the record, and shall otherwise proceed in accordance with s. 120.68. The amount of an arbitration award or an order allocating financial responsibility, the evidence in support of either, and the procedure by which either is determined are subject to judicial scrutiny only in a proceeding instituted pursuant to this subsection.
(2) No appeal shall operate to stay an arbitration award; nor shall any arbitration panel, arbitration panel member, or circuit court stay an arbitration award. The district court of appeal may order a stay to prevent manifest injustice, but no court shall abrogate the provisions of s. 766.211(2).
(3) Any party to an arbitration proceeding may enforce an arbitration award or an allocation of financial responsibility by filing a petition in the circuit court for the circuit in which the arbitration took place. A petition may not be granted unless the time for appeal has expired. If an appeal has been taken, a petition may not be granted with respect to an arbitration award or an allocation of financial responsibility that has been stayed.
(4) If the petitioner establishes the authenticity of the arbitration award or of the allocation of financial responsibility, shows that the time for appeal has expired, and demonstrates that no stay is in place, the court shall enter such orders and judgments as are required to carry out the terms of the arbitration award or allocation of financial responsibility. Such orders are enforceable by the contempt powers of the court; and execution will issue, upon the request of a party, for such judgments.
History.—s. 59, ch. 88-1; s. 35, ch. 88-277.

Structure Florida Statutes

Florida Statutes

Title XLV - Torts

Chapter 766 - Medical Malpractice and Related Matters

766.101 - Medical Review Committee, Immunity From Liability.

766.1015 - Civil Immunity for Members of or Consultants to Certain Boards, Committees, or Other Entities.

766.1016 - Patient Safety Data Privilege.

766.102 - Medical Negligence; Standards of Recovery; Expert Witness.

766.103 - Florida Medical Consent Law.

766.104 - Medical Negligence Cases; Reasonable Investigation Required Before Filing.

766.105 - Florida Patient’s Compensation Fund.

766.106 - Notice Before Filing Action for Medical Negligence; Presuit Screening Period; Offers for Admission of Liability and for Arbitration; Informal Discovery; Review.

766.1065 - Authorization for Release of Protected Health Information.

766.108 - Mandatory Mediation and Mandatory Settlement Conference in Medical Negligence Actions.

766.110 - Liability of Health Care Facilities.

766.111 - Engaging in Unnecessary Diagnostic Testing; Penalties.

766.1115 - Health Care Providers; Creation of Agency Relationship With Governmental Contractors.

766.1116 - Health Care Practitioner; Waiver of License Renewal Fees and Continuing Education Requirements.

766.112 - Comparative Fault.

766.113 - Settlement Agreements; Prohibition on Restricting Disclosure to Division of Medical Quality Assurance.

766.118 - Determination of Noneconomic Damages.

766.1185 - Bad Faith Actions.

766.201 - Legislative Findings and Intent.

766.202 - Definitions; Ss. 766.201-766.212.

766.2021 - Limitation on Damages Against Insurers, Prepaid Limited Health Service Organizations, Health Maintenance Organizations, or Prepaid Health Clinics.

766.203 - Presuit Investigation of Medical Negligence Claims and Defenses by Prospective Parties.

766.204 - Availability of Medical Records for Presuit Investigation of Medical Negligence Claims and Defenses; Penalty.

766.205 - Presuit Discovery of Medical Negligence Claims and Defenses.

766.206 - Presuit Investigation of Medical Negligence Claims and Defenses by Court.

766.207 - Voluntary Binding Arbitration of Medical Negligence Claims.

766.208 - Arbitration to Allocate Responsibility Among Multiple Defendants.

766.209 - Effects of Failure to Offer or Accept Voluntary Binding Arbitration.

766.21 - Misarbitration.

766.211 - Payment of Arbitration Award; Interest.

766.212 - Appeal of Arbitration Awards and Allocations of Financial Responsibility.

766.301 - Legislative Findings and Intent.

766.302 - Definitions; Ss. 766.301-766.316.

766.303 - Florida Birth-Related Neurological Injury Compensation Plan; Exclusiveness of Remedy.

766.304 - Administrative Law Judge to Determine Claims.

766.305 - Filing of Claims and Responses; Medical Disciplinary Review.

766.306 - Tolling of Statute of Limitations.

766.307 - Hearing; Parties; Discovery.

766.309 - Determination of Claims; Presumption; Findings of Administrative Law Judge Binding on Participants.

766.31 - Administrative Law Judge Awards for Birth-Related Neurological Injuries; Notice of Award.

766.311 - Conclusiveness of Determination or Award; Appeal.

766.312 - Enforcement of Awards.

766.313 - Limitation on Claim.

766.314 - Assessments; Plan of Operation.

766.3145 - Code of Ethics.

766.315 - Florida Birth-Related Neurological Injury Compensation Association; Board of Directors; Notice of Meetings; Report.

766.316 - Notice to Obstetrical Patients of Participation in the Plan.