§ 766.212, Fla. Stat. · Chapter 766. MEDICAL MALPRACTICE AND RELATED MATTERS
Appeal of arbitration awards and allocations of financial responsibility.
Text — 2026 Florida Statutes
(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.
Notes and commentary — not statutory text
History
s. 59, ch. 88-1; s. 35, ch. 88-277.
Source of truth
- Edition
- 2026 Florida Statutes
- Official file
- https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0766/0766.html
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This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 4 provisions
Provisions in this library whose text cites § 766.212, Fla. Stat.. Each shows the citation as that text prints it.
The Florida Statutes
- § 766.202, Fla. Stat.Definitions; ss. 766.201-766.212.Printed as ss. 766.201-766.212
- § 766.206, Fla. Stat.Presuit investigation of medical negligence claims and defenses by court.Printed as ss. 766.201-766.212
- § 766.207, Fla. Stat.Voluntary binding arbitration of medical negligence claims.Printed as ss. 766.201-766.212; ss. 766.208-766.212
- § 766.21, Fla. Stat.Misarbitration.Printed as ss. 766.201-766.212
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