Florida Statute 766.307 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLV
TORTS

Chapter 766
MEDICAL MALPRACTICE AND RELATED MATTERS

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766.307 Hearing; parties; discovery.—

(1) The administrative law judge shall set the date for a hearing no sooner than 60 days and no later than 120 days after the filing by a claimant of a petition in compliance with s. 766.305. The administrative law judge shall immediately notify the parties of the time and place of such hearing, which shall be held in the county where the injury occurred unless otherwise agreed to by the parties and authorized by the division.

(2) The parties to the hearing shall include the claimant and the association.

(3) Any party to a proceeding under ss. 766.301-766.316 may, upon application to the administrative law judge setting forth the materiality of the evidence to be given, serve interrogatories or cause the depositions of witnesses residing within or without the state to be taken, the costs thereof to be taxed as expenses incurred in connection with the filing of a claim. Such depositions shall be taken after giving notice and in the manner prescribed for the taking of depositions in actions at law, except that they shall be directed to the administrative law judge before whom the proceedings may be pending.

History.—s. 66, ch. 88-1; s. 19, ch. 91-46; s. 2, ch. 94-106; s. 310, ch. 96-410.

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Amendments to 766.307

Annotations, Discussions, Cases:

Cases Citing Statute 766.307

Total Results: 6 | Sort by: Relevance | Newest First

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Birth-related Inj. Comp. v. Div. Of Admin., 948 So. 2d 705 (Fla. 2007).

Cited 15 times | Published | Supreme Court of Florida

...The panel makes a written recommendation as to whether the claim is compensable under the NICA Plan. § 766.308, Fla. Stat. (Supp.1998). After the panel makes its recommendation, the claim is then heard and determined in an administrative hearing before an ALJ. § 766.307, Fla....

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Florida Birth-Related Neurological Injury Comp. Ass'n v. Florida Div. of Admin. Hearings, 948 So. 2d 705 (Fla. 2007).

Cited 1 times | Published | Supreme Court of Florida | 2007 Fla. LEXIS 2

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Florida Birth-Related Neurological Injury Comp. Ass'n v. Carreras, 598 So. 2d 299 (Fla. 3d DCA 1992).

Published | Florida 3rd District Court of Appeal | 1992 Fla. App. LEXIS 5238, 1992 WL 102430

...ury Compensation Plan (“the plan”). Appellees move to dismiss this appeal or transfer, arguing that jurisdiction is proper only in the Third District Court of Appeal. When a claim is made against the plan for birth related neurological injuries, section 766.307(1) requires the JCC to hold a hearing in the county where the injury occurred....

...ciation. Section 766.315(1)(a) expressly provides, “[t]he association is not a state agency, board, or commission.” In any event, this appeal is not one from a decision of the association. Rather, the association was a party to the hearing under section 766.307(2)....

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Shands Jacksonville Med. Ctr., Inc., & Univ. of Florida Bd. of Trs. (Fla. 1st DCA 2024).

Published | Florida 1st District Court of Appeal

...neurological injuries.” §§ 766.302(3), 766.303(4), Fla. Stat. The right is enforceable against NICA, which is responsible for administering the Plan and paying awards out of the treasury funds available for that purpose. §§ 766.303(1), 766.315(4), (5)(a), Fla. Stat.; cf. § 766.307(2), Fla....

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Shands Jacksonville Med. Ctr., Inc., & Univ. of Florida Bd. of Trs. (Fla. 1st DCA 2024).

Published | Florida 1st District Court of Appeal

766.303(1), 766.315(4), (5)(a), Fla. Stat.; cf. § 766.307(2), Fla. Stat. (“The parties to the hearing shall

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Shands Jacksonville Med. Ctr., Inc., & Univ. of Florida Bd. of Trs. (Fla. 1st DCA 2025).

Published | Florida 1st District Court of Appeal

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 766 in the context of medical malpractice litigation and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.