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Florida Statute 766.207 | Lawyer Caselaw & Research
F.S. 766.207 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLV
TORTS
Chapter 766
MEDICAL MALPRACTICE AND RELATED MATTERS
View Entire Chapter
F.S. 766.207
766.207 Voluntary binding arbitration of medical negligence claims.
(1) Voluntary binding arbitration pursuant to this section and ss. 766.208-766.212 shall not apply to rights of action involving the state or its agencies or subdivisions, or the officers, employees, or agents thereof, pursuant to s. 768.28.
(2) Upon the completion of presuit investigation with preliminary reasonable grounds for a medical negligence claim intact, the parties may elect to have damages determined by an arbitration panel. Such election may be initiated by either party by serving a request for voluntary binding arbitration of damages within 90 days after service of the claimant’s notice of intent to initiate litigation upon the defendant. The evidentiary standards for voluntary binding arbitration of medical negligence claims shall be as provided in ss. 120.569(2)(g) and 120.57(1)(c).
(3) Upon receipt of a party’s request for such arbitration, the opposing party may accept the offer of voluntary binding arbitration within 30 days. However, in no event shall the defendant be required to respond to the request for arbitration sooner than 90 days after service of the notice of intent to initiate litigation under s. 766.106. Such acceptance within the time period provided by this subsection shall be a binding commitment to comply with the decision of the arbitration panel. The liability of any insurer shall be subject to any applicable insurance policy limits.
(4) The arbitration panel shall be composed of three arbitrators, one selected by the claimant, one selected by the defendant, and one an administrative law judge furnished by the Division of Administrative Hearings who shall serve as the chief arbitrator. In the event of multiple plaintiffs or multiple defendants, the arbitrator selected by the side with multiple parties shall be the choice of those parties. If the multiple parties cannot reach agreement as to their arbitrator, each of the multiple parties shall submit a nominee, and the director of the Division of Administrative Hearings shall appoint the arbitrator from among such nominees.
(5) The arbitrators shall be independent of all parties, witnesses, and legal counsel, and no officer, director, affiliate, subsidiary, or employee of a party, witness, or legal counsel may serve as an arbitrator in the proceeding.
(6) The rate of compensation for medical negligence claims arbitrators other than the administrative law judge shall be set by the chief judge of the appropriate circuit court by schedule providing for compensation of not less than $250 per day nor more than $750 per day or as agreed by the parties. In setting the schedule, the chief judge shall consider the prevailing rates charged for the delivery of professional services in the community.
(7) Arbitration pursuant to this section shall preclude recourse to any other remedy by the claimant against any participating defendant, and shall be undertaken with the understanding that damages shall be awarded as provided by general law, including the Wrongful Death Act, subject to the following limitations:
(a) Net economic damages shall be awardable, including, but not limited to, past and future medical expenses and 80 percent of wage loss and loss of earning capacity, offset by any collateral source payments.
(b) Noneconomic damages shall be limited to a maximum of $250,000 per incident, and shall be calculated on a percentage basis with respect to capacity to enjoy life, so that a finding that the claimant’s injuries resulted in a 50-percent reduction in his or her capacity to enjoy life would warrant an award of not more than $125,000 noneconomic damages.
(c) Damages for future economic losses shall be awarded to be paid by periodic payments pursuant to s. 766.202(9) and shall be offset by future collateral source payments.
(d) Punitive damages shall not be awarded.
(e) The defendant shall be responsible for the payment of interest on all accrued damages with respect to which interest would be awarded at trial.
(f) The defendant shall pay the claimant’s reasonable attorney’s fees and costs, as determined by the arbitration panel, but in no event more than 15 percent of the award, reduced to present value.
(g) The defendant shall pay all the costs of the arbitration proceeding and the fees of all the arbitrators other than the administrative law judge.
(h) Each defendant who submits to arbitration under this section shall be jointly and severally liable for all damages assessed pursuant to this section.
(i) The defendant’s obligation to pay the claimant’s damages shall be for the purpose of arbitration under this section only. A defendant’s or claimant’s offer to arbitrate shall not be used in evidence or in argument during any subsequent litigation of the claim following the rejection thereof.
(j) The fact of making or accepting an offer to arbitrate shall not be admissible as evidence of liability in any collateral or subsequent proceeding on the claim.
(k) Any offer by a claimant to arbitrate must be made to each defendant against whom the claimant has made a claim. Any offer by a defendant to arbitrate must be made to each claimant who has joined in the notice of intent to initiate litigation, as provided in s. 766.106. A defendant who rejects a claimant’s offer to arbitrate shall be subject to the provisions of s. 766.209(3). A claimant who rejects a defendant’s offer to arbitrate shall be subject to the provisions of s. 766.209(4).
(l) The hearing shall be conducted by all of the arbitrators, but a majority may determine any question of fact and render a final decision. The chief arbitrator shall decide all evidentiary matters.

The provisions of this subsection shall not preclude settlement at any time by mutual agreement of the parties.

(8) Any issue between the defendant and the defendant’s insurer or self-insurer as to who shall control the defense of the claim and any responsibility for payment of an arbitration award, shall be determined under existing principles of law; provided that the insurer or self-insurer shall not offer to arbitrate or accept a claimant’s offer to arbitrate without the written consent of the defendant.
(9) The Division of Administrative Hearings is authorized to promulgate rules to effect the orderly and efficient processing of the arbitration procedures of ss. 766.201-766.212.
(10) Rules promulgated by the Division of Administrative Hearings pursuant to this section, s. 120.54, or s. 120.65 may authorize any reasonable sanctions except contempt for violation of the rules of the division or failure to comply with a reasonable order issued by an administrative law judge, which is not under judicial review.
History.s. 54, ch. 88-1; s. 30, ch. 88-277; s. 36, ch. 91-110; s. 114, ch. 92-33; s. 4, ch. 92-278; s. 2, ch. 94-161; s. 304, ch. 96-410; s. 1801, ch. 97-102; s. 89, ch. 99-3; s. 62, ch. 2003-416.

F.S. 766.207 on Google Scholar

F.S. 766.207 on Casetext

Amendments to 766.207


Arrestable Offenses / Crimes under Fla. Stat. 766.207
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 766.207.



Annotations, Discussions, Cases:

Cases from cite.case.law:

PLANTATION GENERAL HOSPITAL LIMITED PARTNERSHIP, d b a v. DIVISION OF ADMINISTRATIVE HEARINGS A. B. a, 243 So. 3d 985 (Fla. App. Ct. 2018)

. . . investigation by the Hospital, the parties agreed to voluntary binding arbitration pursuant to section 766.207 . . . (b) Noneconomic damages shall be limited to a maximum of $250,000 per incident .... § 766.207(7), Fla . . . Our supreme court has interpreted section 766.207(7)(b) as permitting the $250,000 limit on non-economic . . . See § 766.207(d), Fla. Stat. . . . Section 766.207(7)(f), Florida Statutes (2014), governs attorneys' fees in arbitration proceedings and . . .

ALLSTATE INSURANCE COMPANY, v. ORTHOPEDIC SPECIALISTS,, 212 So. 3d 973 (Fla. 2017)

. . . Phillipe, 769 So.2d 961, 972 (Fla. 2000) (“Arbitration is not voluntary according to section 766.207( . . .

HERNANDEZ, M. D. v. CRESPO,, 211 So. 3d 19 (Fla. 2016)

. . . CANADY, J., dissents with an opinion, in which POLSTON, J., concurs. .§ 766.207(2), Fla. . . . Stat. (1996). . § 766.207(7)(f)-(g), Fla. Stat. (2003). . § 766.207(7)(e), Fla. . . . Stat, (1988). . § 766.207, Fla. Stat. . . . . § 766.207(4)—(5), Fla. Stat . § 766. 207(7)(f)-(g), Fla. Stat. . § 766.207(7)(e), Fla. . . . . § 766.207(7)(h), Fla. Stat. . § 766.212(1), Fla. Stat. . . .

MERIDIAN PAIN DIAGNOSTICS, INC. v. GREBER, 197 So. 3d 153 (Fla. Dist. Ct. App. 2016)

. . . arbitration. § 766.207, Fla. . . . § 766.207(7)(a)-(d) (2013). . . . and investigation are required by section 766.207. . . . While the language of section 766.207(2) references “completion of pre-suit investigation! . . . .” § 766.207(2), Fla. Stat. (2013). . . .

R. SAMIIAN, M. D. v. FIRST PROFESSIONALS INSURANCE COMPANY, INC. M. M. D. P. A., 180 So. 3d 190 (Fla. Dist. Ct. App. 2015)

. . . Sam-iian’s personal attorney, addressing whether to offer binding arbitration pursuant to section 766.207 . . .

SANTIAGO Z. O. S. v. BAKER, M. D. s LLC, d b a, 135 So. 3d 569 (Fla. Dist. Ct. App. 2014)

. . . never requested voluntary statutory arbitration, thus they never invoked the protections of section 766.207 . . . Unlike the provisions of section 766.207, the agreement provides that the parties shall share the arbitration . . . They read Bowers broadly to hold that if neither party seeks arbitration under section 766.207, the malpractice . . .

ESTATE OF McCALL, v. UNITED STATES, 134 So. 3d 894 (Fla. 2014)

. . . Id. at 193 (describing section 766.207(7), Fla. Stat. (Supp.1988)). . . . In Phillipe, this Court held that the noneconomic damages caps under section 766.207 applied to claimants . . . In reaching this holding, this Court first concluded that “section 766.207(7)(b) is neither clear nor . . . submit their cases to binding arbitration” and that this intent “can be obtained by interpreting section 766.207 . . .

FRANKS, v. BOWERS, M. D., 116 So. 3d 1240 (Fla. 2013)

. . . See § 766.207, Fla. Stat. (2008). . . . case is whether the arbitration statutes, which include the non-economic damage caps found in sections 766.207 . . . Sections 766.207 and 766.209 only limit a claimant’s right to recover non-economic damages after a defendant . . . In Echarte, this Court rejected several challenges to sections 766.207 and 766.209, Florida Statutes . . . Court considered only whether the voluntary arbitration and noneconomic damages provisions of sections 766.207 . . . with respect to capacity to enjoy life, pursuant to the formula contained in Florida Statutes, Section 766.207 . . . of this subsection shall not preclude settlement at any time by mutual agreement of the parties. § 766.207 . . . Bowers and NFS refused to proceed with arbitration under the conditions of section 766.207. . . . Further, the agreement dispenses with the inherent concession of liability provided by section 766.207 . . . See § 766.207(2), Fla. . . .

SAMPLES, v. FLORIDA BIRTH- RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION,, 114 So. 3d 912 (Fla. 2013)

. . . incident or the individual recovery of each claimant. 769 So.2d at 967 (emphasis omitted) (quoting § 766.207 . . .

ESTRADA v. MERCY HOSPITAL, INC. P. A. M. D., 121 So. 3d 51 (Fla. Dist. Ct. App. 2013)

. . . The single issue raised on appeal concerns the interpretation of section 766.207(7)(a), Florida Statutes . . . Under the alternative arbitration procedure for medical negligence claims set forth in section 766.207 . . . See § 766.207(2), Fla. Stat. (2012). . . . An award made pursuant to section 766.207(7) is treated as final agency action. . . . “In a proceeding under section 766.207, the liability of the defendants is admitted. . . .

FRANKS, Sr. v. BOWERS, M. D. M. III, M. D. P. A. a, 62 So. 3d 16 (Fla. Dist. Ct. App. 2011)

. . . See §§ 766.106(3)(b)(3); 766.207(2); 766.207(7); 766.118(2), Fla. Stat. . . . See §§ 766.207; 766.209; 766.118, Fla. Stat. . . .

DENO D. Co- S. v. LIFEMARK HOSPITAL OF FLORIDA, INC. d b a M. D. P. A., 45 So. 3d 959 (Fla. Dist. Ct. App. 2010)

. . . Lifemark made an offer to arbitrate under section 766.207. Dr. . . . In a proceeding under section 766.207, the liability of the defendants is admitted. . . . Id. § 766.207(4). . . . Id. § 766.207(7)(h). . . . Id. § 766.207(7)(a), (b). . . .

SAMPLES v. FLORIDA BIRTH- RELATED NEUROLOGICAL,, 40 So. 3d 18 (Fla. Dist. Ct. App. 2010)

. . . multiple noneconomic damage awards exceeded the cap of $250,000 per incident in violation of section 766.207 . . .

PARHAM, L. v. FLORIDA HEALTH SCIENCES CENTER, INC. d b a, 35 So. 3d 920 (Fla. Dist. Ct. App. 2010)

. . . Section 766.207 establishes voluntary binding arbitration of medical negligence claims. . . . The damages awardable in a medical negligence arbitration proceeding under section 766.207 are even more . . . See § 766.207(7)(b), (d). . . . the common law by creating, as a “reasonable alternative” to jury trial, the binding arbitration in 766.207 . . . Finally, the $350,000 limitation in this statute and the $250,000 limitation in section 766.207(7)(b) . . .

ESTATE OF McCALL, v. UNITED STATES, 663 F. Supp. 2d 1276 (N.D. Fla. 2009)

. . . . § 766.207(7)(b)(1997), which limited non-economic damages to “$250,000 per incident.” . . .

LIFEMARK HOSPITALS OF FLORIDA, INC. d b a v. AFONSO,, 4 So. 3d 764 (Fla. Dist. Ct. App. 2009)

. . . language as follows: 766.207(7) — Arbitration pursuant to this section shall preclude recourse to any . . . We do not agree that section 766.207(7) is unambiguous. . . . Whatever clarity is lacking in section 766.207(7) seems to have been resolved in section 766.202(3), . . . Section 766.202(3) must be read in pari materia with section 766.207(7). . . . See §§ 766.207, .209 Rule 3.3(b) Fla. Stat. (Supp.1988). . . .

GOTTLIEB, J. v. R. SAMIIAN, M. D. M. M. D. P. A., 999 So. 2d 678 (Fla. Dist. Ct. App. 2008)

. . . PROCEDURAL BACKGROUND This matter arises from a binding arbitration proceeding pursuant to section 766.207 . . . See § 766.207(7)(h), Fla. Stat. (2003). On April 13, 2004, Dr. . . . See §§ 766.207(7), 768.21(1), Fla. Stat. (2003). . . .

JONATHAN M. FRANTZ, M. D. P. A. d b a v. SHEDDEN,, 974 So. 2d 1193 (Fla. Dist. Ct. App. 2008)

. . . procedural and substantive provisions of the Agreement essentially track the provisions of section 766.207 . . . Given the strong similarities between the provisions of the Agreement and the provisions of section 766.207 . . .

COLUMBIA JFK MEDICAL CENTER LIMITED, v. SANGOUNCHITTE, 977 So. 2d 639 (Fla. Dist. Ct. App. 2008)

. . . Section 766.207(2) requires that the claimant serve a request for voluntary binding arbitration within . . . the word “receipt” to start the thirty-day period for accepting the offer of voluntary arbitration. § 766.207 . . .

LEON MEDICAL CENTERS, INC. d b a a Dr. F. M. D. F. M. D. P. A. v. MARTELL,, 972 So. 2d 1103 (Fla. Dist. Ct. App. 2008)

. . . that the parties’ agreement to arbitrate was subject to the damages limitations set forth in section 766.207 . . . intended to make all of chapter 766 subject to the statutory limitation on damages found in section 766.207 . . . Section 766.207 is part of chapter 766 and prescribes liability limitations. . . . erred in compelling arbitration under section 44.104, Florida Statutes, and in ruling that section 766.207 . . . The arbitration shall proceed under chapter 766, Florida Statutes, including section 766.207. . . .

UNIVERSITY OF MIAMI, v. WILSON,, 948 So. 2d 774 (Fla. Dist. Ct. App. 2006)

. . . See § 766.207-212, Fla. Stat. (2002); see also Univ. of Miami v. . . . Echarte, 618 So.2d 189 (Fla.1993)(holding constitutional sections 766.207 and 766.209 of the Florida . . .

LEWIS v. ENTERPRISE LEASING CO., 912 So. 2d 349 (Fla. Dist. Ct. App. 2005)

. . . in which the Florida Supreme Court interpreted the $250,000.00 noneco-nomic damages cap in section 766.207 . . . However, section 766.207(7)(b) uses different language and serves a different purpose than section 324.021 . . . One distinguishing factor is that section 766.207(7)(b) contains an ambiguity not present in section . . . Another distinguishing factor is that section 766.207(7)(b), regarding medical malpractice, limits the . . . effectively not an absolute bar to recovery beyond the amount of the cap, as the limitation of section 766.207 . . .

TOCA, v. OLIVARES, D. D. S., 882 So. 2d 465 (Fla. Dist. Ct. App. 2004)

. . . her claims to voluntary binding arbitration pursuant to the explicit terms and conditions of section 766.207 . . . by forwarding the relevant statutory provisions concerning voluntary arbitration pursuant to section 766.207 . . . Section 766.207, Florida Statutes (2003), provides as follows: (2) Upon the completion of presuit investigation . . . It is clear that the statutory scheme of section 766.207(2) envisions a case where liability is not contested . . . Toca’s offer to arbitrate under section 766.207 was ambiguous because it was preceded by Dr. . . .

ADVISORY OPINION TO THE ATTORNEY GENERAL RE THE MEDICAL LIABILITY CLAIMANT S COMPENSATION AMENDMENT, 880 So. 2d 675 (Fla. 2004)

. . . See § 766.207, Fla. Stat. (2003). . . . If the parties agree to binding arbitration pursuant to section 766.207, economic damages, including . . . See § 766.207, Fla. Stat. (2003). . . .

BARLOW, v. NORTH OKALOOSA MEDICAL CENTER,, 877 So. 2d 655 (Fla. 2004)

. . . Second, I believe the damages available in voluntary arbitration under sections 766.209(4)(a) and 766.207 . . . THE DEFINITION OF “NET” Section 766.207(7)(a), Florida Statutes, provides for an award of “net economic . . . In a 2003 special session, the Legislature corrected this inconsistency by amending section 766.207(7 . . . In this case, the 2003 amendments to section 766.207(7) are supportive of a holding contrary to St. . . . And the Legislature followed this recommendation by so amending sections 766.202 and 766.207. . . . Notably, Section 766.207(7)(a), Florida Statutes, calls for an award of “net economic damages,” and there . . . Specifically, we concluded: The plain language of sections 766.202(3) and 766.207(7)(a) indicates that . . . Nonetheless, NOMC asserts that because only net economic damages are recoverable under section 766.207 . . . See § 766.207(7)(a). . . . See §§ 766.202(2), 766.207(7)(a). . . .

CHESTER, v. DOIG, M. D., 842 So. 2d 106 (Fla. 2003)

. . . See §§ 766.207-766.212, Fla. Stat. (1997). . . . Doig, and under section 766.207(7), the following limitations on damages apply: (7) Arbitration pursuant . . . Chester argues the plain language of section 766.207 prohibits a setoff of the settlement award, while . . . Section 766.207(7)(a) provides that net economic damages be offset by any collateral source payments, . . . The plain language of section 766.207(7)(a) and (c) clearly provides that the only setoff available in . . .

INTEGRATED HEALTH CARE SERVICES, INC. v. LANG- REDWAY,, 840 So. 2d 974 (Fla. 2002)

. . . investigation is complete, the parties may elect to enter voluntary binding arbitration pursuant to sections 766.207 . . .

GRABER, v. CLARENDON NATIONAL INSURANCE COMPANY, s, 819 So. 2d 840 (Fla. Dist. Ct. App. 2002)

. . . medical malpractice action against several defendants, The plaintiffs offered to arbitrate under section 766.207 . . .

BARLOW, v. NORTH OKALOOSA MEDICAL CENTER,, 809 So. 2d 71 (Fla. Dist. Ct. App. 2002)

. . . This is an appeal of an arbitration award entered pursuant to section 766.207, Florida Statutes (2001 . . . See § 766.207(2), Fla. . . . damages, except as collateral sources which offset net economic damages, in accordance with section 766.207 . . . Notably, Section 766.207(7)(a), Florida Statutes, calls for an award of “net economic damages,” and there . . .

NORTH MIAMI MEDICAL CENTER d b a v. PREZEAU, a, 793 So. 2d 1142 (Fla. Dist. Ct. App. 2001)

. . . . § 766.207(7)(b), Fla. Stat. (2000). . . . Section 766.207(7)(b) provides: (7) Arbitration pursuant to this section shall preclude recourse to any . . . This predictability can be obtained by interpreting section 766.207(7)(b) so that each claimant is fairly . . .

E. GUTIERREZ, M. D. E. M. D. P. A. v. PERALTA,, 785 So. 2d 536 (Fla. Dist. Ct. App. 2001)

. . . Mary’s because it involved the damage cap requirements in section 766.207 and not the pre-suit notice . . . claimant” to mean one thing in sections 766.106 and 766.203 and another thing in sections 766.202(1) and 766.207 . . . $250,000 statutory cap on non-economie damages per incident in a voluntary arbitration under section 766.207 . . . Mary’s is inapposite, however, because the purpose of the cap requirements in section 766.207 differs . . .

DOIG, M. D. v. CHESTER,, 776 So. 2d 1043 (Fla. Dist. Ct. App. 2001)

. . . Chester suggests that we should construe section 766.207(7)(b), Fla.Stat., as permitting the arbitration . . . See section 766.207(7)(h), Florida Statutes. . . . See Section 766.207(7)(b). . . .

YELL, v. HEALTHMARK OF WALTON, INC. d b a, 772 So. 2d 568 (Fla. Dist. Ct. App. 2000)

. . . offered to admit liability and submit the issue of damages to binding arbitration pursuant to Section 766.207 . . . following letter on the insurer’s letterhead to Yell’s attorney: “Pursuant to Florida Statute 766.106 and 766.207 . . . Section 766.207(7)(b), Florida Statutes (1993), caps the patient's non-economic damages at $250,000. . . .

WALKER- WHITE v. PEZZULLO- BURGS, M. D. M. D. M. D. OB GYN P. A., 765 So. 2d 897 (Fla. Dist. Ct. App. 2000)

. . . Pursuant to section 766.207, Florida Statutes, the arbitration panel awarded total damages on behalf . . . Walker-White, Jr. of $1,529,545, and of this amount $180,000 were non-economic damages pursuant to section 766.207 . . . patient, does the cap on non-economic damages of $250,000 per incident in voluntary arbitration under § 766.207 . . .

ST. MARY S HOSPITAL, INC. v. PHILLIPE, v. St. s M. D. v. E. E. v. M. D., 769 So. 2d 961 (Fla. 2000)

. . . Section 766.207(7)(b) is the provision setting forth the $250,000 noneconomic damages cap. . . . Section 766.207(7)(b) (emphasis added). . . . Section 766.207(7)(b) does state that “noneconomic damages shall be limited to a maximum of $250,000 . . . See § 766.207(7)(b), Fla. Stat. (1999). . . . Therefore, we find that section 766.207(7)(b) is neither clear nor unambiguous. . . .

ROLLINS, v. PIZZARELLI,, 761 So. 2d 294 (Fla. 2000)

. . . .” § 766.207(7)(e), Fla. Stat. (1995). . . .

WALTON REGIONAL HOSPITAL, v. YELL, 744 So. 2d 1153 (Fla. Dist. Ct. App. 1999)

. . . already been awarded fifteen percent of the arbitration award, which is the maximum allowed under section 766.207 . . . the arbitration panel, but in no event more than 15 percent of the award, reduced to present value. § 766.207 . . . The language of section 766.207(7) contemplates the award of attorney fees only for services rendered . . . The hospital is a Florida close corporation. . § 766.207, Fla. . . .

PIZZARELLI a v. ROLLINS, 704 So. 2d 630 (Fla. Dist. Ct. App. 1997)

. . . Also, when providing for arbitration in medical malpractice cases in subsection 766.207(7)(e), Florida . . .

FRANZEN, M. D. M. D. P. A. v. E. MOGLER, 744 So. 2d 1029 (Fla. Dist. Ct. App. 1997)

. . . , does the cap on non-economic damages of $250,-000 per incident in a voluntary arbitration under § 766.207 . . .

ST. MARY S HOSPITAL, INC. s v. PHILLIPE,, 699 So. 2d 1017 (Fla. Dist. Ct. App. 1997)

. . . 766.212(2), which allows the district court to stay an arbitration award entered pursuant to section 766.207 . . . See §§ 766.207 and 766.212(2), Fla. Stat. (1995). A motion panel of this court denied the motion. . . . Unlike section 766.106, section 766.207 does not contain a provision applying the arbitration code in . . . In this ease, arbitration was clearly initiated by the parties themselves under section 766.207. . . . After all, section 766.207 does not require anyone to agree to arbitration. III. . . . patient, does the cap on non-economic damages of $250,000 per incident in a voluntary arbitration under § 766.207 . . .

PLATMAN, v. HOLMES REGIONAL MEDICAL CENTER, INC., 683 So. 2d 671 (Fla. Dist. Ct. App. 1996)

. . . limiting damages on the basis that Platman had rejected a valid offer to arbitrate pursuant to section 766.207 . . . We conclude that the offer to arbitrate was sufficient under section 766.207 and therefore the trial . . . In 1988, the Legislature enacted section 766.207. . . . Section 766.207 does not expressly require an admission of liability. . . . Here, the offer was made pursuant to section 766.207 exclusively. AFFIRMED. . . .

MOGLER, v. FRANZEN, M. D. M. D. P. A., 669 So. 2d 269 (Fla. Dist. Ct. App. 1995)

. . . appellees’ offer to arbitrate was made contingent upon the limit of general damages provided in section 766.207 . . . Statutes (1993), and to submit the issue of damages to voluntary binding arbitration under section 766.207 . . .

BOMBALIER, v. LIFEMARK HOSPITAL OF FLORIDA, d b a, 661 So. 2d 849 (Fla. Dist. Ct. App. 1995)

. . . liability as to both claims and to arbitrate the issue of damages pursuant to sections 766.106(3)(b)(3) and 766.207 . . . Pursuant to section 766.207(7)(k), Florida Statutes (1993), the hospital was statutorily required to . . . the offer to arbitrate; therefore, the parties shall not proceed to arbitration pursuant to section 766.207 . . . Section 766.207(7)(k), Florida Statutes (1993), reads, in pertinent part, as follows: “Any offer by a . . .

COHEN, M. D. v. DeYOUNG,, 655 So. 2d 1265 (Fla. Dist. Ct. App. 1995)

. . . See § 766.207, et seq. DeYoung rejected the offer to arbitrate and filed suit. . . . asserted, as an affirmative defense, that they were entitled to the damages cap set forth in sections 766.207 . . .

TALLAHASSEE MEMORIAL REGIONAL MEDICAL CENTER, INC. C. M. D. v. E. KINSEY, Jr., 655 So. 2d 1191 (Fla. Dist. Ct. App. 1995)

. . . Those provisions were subsequently codified as sections 766.207 through 766.212, Florida Statutes (1993 . . . forth in section 766.106, or to the intended interplay, if any, between section 766,106 and sections 766.207 . . . To the extent relevant, sections 766.207 through 766.212, Florida Statutes (1993), read: 766.207 Voluntary . . . In particular, they appear to have decided that, while most of the provisions of section 766.207 would . . . We conclude that the parties’ failure to comply with the provisions of section 766.207(4) requiring that . . .

E. COOPER v. GULF BREEZE HOSPITAL, INC., 839 F. Supp. 1538 (N.D. Fla. 1993)

. . . See id. at §§ 766.207, 209. . . .

UNIVERSITY OF MIAMI, v. ECHARTE,, 618 So. 2d 189 (Fla. 1993)

. . . 1991), in which the Third District Court of Appeal affirmed the trial court’s ruling that sections 766.207 . . . that the Echartes submit their damages to a medical negligence arbitration panel pursuant to section 766.207 . . . The Echartes filed an action for a declaratory judgment questioning the constitutionality of sections 766.207 . . . Under section 766.207(7) a claimant can recover net economic damages of past and future medical expenses . . . Section 766.207(7) holds the defendant responsible for the prompt payment of the arbitration award and . . . I agree with the courts below that sections 766.207 and 766.209, Florida Statutes (Supp.1988), fail the . . . The negligent party can unilaterally limit the claimant’s noneconomic damages, § 766.207(2), whether . . . the claimant accepts arbitration, § 766.207(7)(b), or goes to trial. § 766.209(4)(a). . . .

HCA HEALTH SERVICES OF FLORIDA, INC. v. BRANCHESI, R. LLOYD, III, M. D. v. BRANCHESI,, 620 So. 2d 176 (Fla. 1993)

. . . DCA 1992), in which the Fourth District Court of Appeal upheld the trial court’s ruling that sections 766.207 . . . Echarte, 618 So.2d 189 (Fla.1993), we held that sections 766.207 and 766.209 do not violate the right . . .

F. SANTELLI v. M. AREAN, M. D. M. D. s, P. A. A. M. D. A. P. A. St. s, 616 So. 2d 1149 (Fla. Dist. Ct. App. 1993)

. . . Santelli actually requested voluntary binding arbitration pursuant to sections 766.207 and 766.209, Florida . . . which are currently on appeal in the Florida Supreme Court, the district courts held that sections 766.207 . . . The courts did not find sections 766.207 and 766.209 facially invalid. . . . and thereby voluntarily subjected themselves to certain limitations, even though nothing in sections 766.207 . . .

DOE, a v. SHANDS TEACHING HOSPITAL AND CLINICS, INC. a, 614 So. 2d 1170 (Fla. Dist. Ct. App. 1993)

. . . Echarte, 585 So.2d 293 (Fla. 3d DCA 1991), in which the Third District held Sections 766.207 and 766.209 . . .

HCA HEALTH SERVICES OF FLORIDA, INC. d b a HCA St. R. III, M. D. v. BRANCHESI,, 597 So. 2d 414 (Fla. Dist. Ct. App. 1992)

. . . upon the reasoning set out in Judge Baskin’s opinion in Echarte, and we expressly hold that sections 766.207 . . .

UNIVERSITY OF MIAMI, d b a a v. ECHARTE, a ECHARTE, 585 So. 2d 293 (Fla. Dist. Ct. App. 1991)

. . . The University of Miami [University] appeals a final summary judgment declaring sections 766.207 and . . . We affirm, and in so doing, hold that sections 766.207 and 766.209 fail the test enunciated in Kluger . . . The University served the Echartes with a request for voluntary binding arbitration of damages. § 766.207 . . . and costs, § 766.207(7)(b), interest on all accrued damages, § 766.207(7)(e), arbitration costs and fees . . . , § 766.207(7)(g). . . .

ECHARTE, v. UNIVERSITY OF MIAMI d b a THE UNIVERSITY OF MIAMI SCHOOL OF MEDICINE, 40 Fla. Supp. 2d 193 (Fla. Cir. Ct. 1990)

. . . SUMMARY FINAL JUDGMENT DECLARING §§ 766.207 AND 766.209, FLA. . . . is an action for declaratory judgment in which the plaintiffs seek a judgment declaring (1) that §§ 766.207 . . . The response requests that the plaintiffs accept voluntary arbitration of their claims, pursuant to § 766.207 . . . determined by arbitration rather than jury trial, but subject to the various damage “caps” set forth in § 766.207 . . . For all of the foregoing reasons, it is ORDERED AND ADJUDGED as follows: (1) Sections 766.207 and 766.209 . . .