Fla. Stat. 766.304
Administrative law judge to determine claims

The administrative law judge shall hear and determine all claims filed pursuant to ss. 766.301-766.316 and shall exercise the full power and authority granted to her or him in chapter 120, as necessary, to carry out the purposes of such sections. The administrative law judge has exclusive jurisdiction to determine whether a claim filed under this act is compensable. No civil action may be brought until the determinations under s. 766.309 have been made by the administrative law judge. If the administrative law judge determines that the claimant is entitled to compensation from the association, or if the claimant accepts an award issued under s. 766.31, no civil action may be brought or continued in violation of the exclusiveness of remedy provisions of s. 766.303. If it is determined that a claim filed under this act is not compensable, neither the doctrine of collateral estoppel nor res judicata shall prohibit the claimant from pursuing any and all civil remedies available under common law and statutory law. The findings of fact and conclusions of law of the administrative law judge shall not be admissible in any subsequent proceeding; however, the sworn testimony of any person and the exhibits introduced into evidence in the administrative case are admissible as impeachment in any subsequent civil action only against a party to the administrative proceeding, subject to the Rules of Evidence. An award may not be made or paid under ss. 766.301-766.316 if the claimant recovers under a settlement or a final judgment is entered in a civil action.

Source: Section 766.304 — Administrative law judge to determine claims, https://www.­flsenate.­gov/Laws/Statutes/2024/0766.­304 (accessed Aug. 7, 2025).

766.21
Misarbitration 766.31
Administrative law judge awards for birth-related neurological injuries 766.101
Medical review committee, immunity from liability 766.102
Medical negligence 766.103
Florida Medical Consent Law 766.104
Medical negligence cases 766.106
Notice before filing action for medical negligence 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 766.112
Comparative fault 766.113
Settlement agreements 766.118
Determination of noneconomic damages 766.201
Legislative findings and intent 766.202
Definitions 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 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 766.211
Payment of arbitration award 766.212
Appeal of arbitration awards and allocations of financial responsibility 766.301
Legislative findings and intent 766.302
Definitions 766.303
Florida Birth-Related Neurological Injury Compensation Plan 766.304
Administrative law judge to determine claims 766.305
Filing of claims and responses 766.306
Tolling of statute of limitations 766.307
Hearing 766.309
Determination of claims 766.311
Conclusiveness of determination or award 766.312
Enforcement of awards 766.313
Limitation on claim 766.314
Assessments 766.315
Florida Birth-Related Neurological Injury Compensation Association 766.316
Notice to obstetrical patients of participation in the plan 766.318
Civil liability for provision of sex-reassignment prescriptions or procedures to minors 766.1015
Civil immunity for members of or consultants to certain boards, committees, or other entities 766.1016
Patient safety data privilege 766.1065
Authorization for release of protected health information 766.1115
Health care providers 766.1116
Health care practitioner 766.1185
Bad faith actions 766.2021
Limitation on damages against insurers, prepaid limited health service organizations, health maintenance organizations, or prepaid health clinics 766.3145
Code of ethics

Current through Fall 2025

§ 766.304. Admin. law judge to determine claims's source at flsenate​.gov