The 2023 Florida Statutes (including Special Session C)
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. . . 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 . . .
. . . Phillipe, 769 So.2d 961, 972 (Fla. 2000) (“Arbitration is not voluntary according to section 766.207( . . .
. . . 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. . . .
. . . 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). . . .
. . . Sam-iian’s personal attorney, addressing whether to offer binding arbitration pursuant to section 766.207 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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. . . .
. . . incident or the individual recovery of each claimant. 769 So.2d at 967 (emphasis omitted) (quoting § 766.207 . . .
. . . 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. . . .
. . . 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. . . .
. . . 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). . . .
. . . multiple noneconomic damage awards exceeded the cap of $250,000 per incident in violation of section 766.207 . . .
. . . 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) . . .
. . . . § 766.207(7)(b)(1997), which limited non-economic damages to “$250,000 per incident.” . . .
. . . 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). . . .
. . . 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). . . .
. . . 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 . . .
. . . 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 . . .
. . . 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. . . .
. . . 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 . . .
. . . 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 . . .
. . . 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. . . .
. . . 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). . . .
. . . 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). . . .
. . . 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 . . .
. . . investigation is complete, the parties may elect to enter voluntary binding arbitration pursuant to sections 766.207 . . .
. . . medical malpractice action against several defendants, The plaintiffs offered to arbitrate under section 766.207 . . .
. . . 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 . . .
. . . . § 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 . . .
. . . 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 . . .
. . . 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). . . .
. . . 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. . . .
. . . 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 . . .
. . . 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. . . .
. . . .” § 766.207(7)(e), Fla. Stat. (1995). . . .
. . . 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. . . .
. . . Also, when providing for arbitration in medical malpractice cases in subsection 766.207(7)(e), Florida . . .
. . . , does the cap on non-economic damages of $250,-000 per incident in a voluntary arbitration under § 766.207 . . .
. . . 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 . . .
. . . 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. . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . See id. at §§ 766.207, 209. . . .
. . . 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). . . .
. . . 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 . . .
. . . 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 . . .
. . . Echarte, 585 So.2d 293 (Fla. 3d DCA 1991), in which the Third District held Sections 766.207 and 766.209 . . .
. . . upon the reasoning set out in Judge Baskin’s opinion in Echarte, and we expressly hold that sections 766.207 . . .
. . . 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). . . .
. . . 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 . . .