STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

KYLE DARRELL BASS, a minor, through ) his parents and natural guardians ) DARRELL E. BASS and STACEY BASS, )

by and through the following ) Petitioners: DAVID W. FELD, M.D., ) CASALE SILVERMAN FELD and KOTZEN, )

M.D., P.A., for the use and benefit ) of PHYSICIANS PROTECTIVE TRUST ) FUND and ST. MARY'S HOSPITAL, INC., )

individually and for the use and ) benefit of LEXINGTON INSURANCE ) COMPANY, WEAVERS n/k/a SOUTHWARK ) RUN-OFF LIMITED, and TUREGUM, as )

legal representatives of KYLE ) DARRELL BASS, )

)

Petitioner, )

)

vs. ) CASE NO. 96-1354N

) FLORIDA BIRTH-RELATED NEUROLOGICAL ) INJURY COMPENSATION ASSOCIATION, )

)

Respondent. )

____________________________________)

FINAL ORDER OF DISMISSAL

This cause came on for consideration of respondent's motion to dismiss, filed May 23, 1996, and the parties' responses and briefs to the issues raised by the motion to dismiss, as requested by order of June 10, 1996.

STATEMENT OF THE CASE

1. On March 15, 1996, petitioners filed a petition (claim) with the Division of Administrative Hearings (hereinafter referred to as "DOAH") for compensation under the Florida Birth-Related Neurological Injury Compensation Plan (hereinafter referred to as the "Plan"), as established by Section 766.301, et seq., Florida Statutes.

2. Pertinent to the resolution of the motion to dismiss, the petition alleged:

   
   

   1. Legal Representative of the Claimant:

      
      

      1. This petition is brought on behalf of KYLE DARRELL BASS, a minor, through his parents, DARRELL E. BASS AND STACEY BASS,

         by and through the Petitioners: DAVID W. FELD, M.D., CASALE SILVERMAN FELD [AND] KOTZEN,

         M.D., P.A., for the use and benefit of PHYSICIANS PROTECTIVE TRUST FUND and ST.

         MARY'S HOSPITAL, INC., individually and for the use and benefit of LEXINGTON INSURANCE COMPANY, WEAVERS n/k/a SOUTHWARK RUN-OFF LIMITED, and TUREGUM.

         
         

      2. KYLE DARRELL BASS suffered brain damage as a result of a birth-related neurological injury, as defined by Florida Statutes 766.301, et seq. A claim for medical mal- practice was filed against DAVID W. FELD,

      M.D., CASALE SILVERMAN FELD [AND] KOTZEN M.D., P.A., and ST. MARY'S HOSPITAL, INC., in behalf

      of KYLE DARRELL BASS. (See Statement of Facts for more information). The Petitioners entered into a settlement and release agree- ment in the underlying medical malpractice action (attached hereto as Appendix A).

      These Petitioners are the legal represent- atives of KYLE DARRELL BASS for the sole and exclusive purpose of pursuing and obtaining all relief allowed under the Florida Birth- Related Neurological Injury Compensation statute (F.S. [Section] 766.301, et seq.)

      
      

      * * *

      
      

      VII. Statement of Facts/Case:

      
      

      1. A. KYLE DARRELL BASS suffered a birth- related neurological injury resulting in an injury to his brain which was caused by oxygen deprivation and/or mechanical injury which occurred in the course of labor, delivery or resuscitation in the immediate post delivery period while at St. Mary's Hospital. This injury has rendered KYLE

         DARRELL BASS permanently and substantially mentally and physically impaired. The injuries were not caused by a genetic or congenital abnormality. The circumstances surrounding the birth of KYLE DARRELL BASS met all statutory requirements as a Florida birth-related neurological injury as defined by the statute.

         
         

         1. DAVID W. FELD, M.D., was at all material times to this matter, a participating obstetrician in the FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION. ST. MARY'S HOSPITAL, INC., at all material times to this petition, made all the appropriate filings and paid all the appropriate assessments to the FLORIDA

            BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION.

            
            

         2. The injuries and damages suffered by KYLE DARRELL BASS are compensable under Chapter 766.301, et seq., Florida Statutes, as a compensable birth-related neurological injury.

         
         

      2. A. KYLE DARRELL BASS, through his parents and legal guardians, filed a medical negligence claim against DAVID W. FELD, M.D., CASALE SILVERMAN FELD [AND] KOTZEN, M.D., P.A., and ST. MARY'S HOSPITAL, INC. The allegations complained of brain damage and resulting physical injuries resulting from the birth of KYLE DARRELL BASS, which fully met all applicable requirements of a Florida birth-related neurological injury. The parties agreed that the injury of KYLE DARRELL BASS met the legal definition of a birth-related neurological injury. However, the trial judge specifically found that the health care providers, even though participants in the FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, were denied immunity because the notice and brochure as required by statute, had not been provided to STACEY BASS prior to KYLE DARRELL BASS' birth. Thereafter, a settlement was reached between the BASS family and DAVID E.

      FELD, M.D., CASALE SILVERMAN FELD [AND]

      KOTZEN, M.D., P.A., and ST. MARY'S HOSPITAL, INC.

      
      

      B. As part of that settlement, KYLE DARRELL BASS, through his legal guardians, specific- ally assigned these Petitioners as his legal representatives to pursue and collect any

      and all benefits and monies available through Chapter 766.301, et seq., Florida Statutes.

      The release and assignment of rights is attached hereto and incorporated herein as Appendix A. Petitioners are the legal representatives and have filed this petition in behalf of KYLE DARRELL BASS seeking all rights, remedies and compensation afforded under the Plan.

      
      

      * * *

      
      

      X. Relief Claimed:

      
      

      13) The Petitioners request the following relief:

      
      

      1. All expenses, medical and hospital care, habilitative and training, residential and custodial care and service, medically necessary drugs, equipment, facility and travel-related expenses (past and future);

         
         

      2. Any and all payments to parents, legal guardians and legal representatives of the infant as allowed by statute.

      3. All expenses incurred with the filing

      of this claim, including reasonable attorneys fees.

      
      

3. The settlement agreement ("complete release and assignment of rights") referred to in paragraphs 2 and 10 of the petition, and attached to the petition as Appendix A and incorporated therein, provided:

   
   

   COMPLETE RELEASE [AND] ASSIGNMENT OF RIGHTS

   
   

   * * *

   
   

   WHEREAS, the undersigned, Plaintiffs, Kyle Darrell Bass, a minor child, by and through

   his parents, Darrell E. Bass, and Stacy Bass, and Darrell E. Bass and Stacy Bass, individually have a claim against St. Mary's Hospital, Inc., David Feld, M.D., Casale, Silverman, Feld and Kotzen, M.D., P.A., formerly known as Gerson, Casale, Silverman and Feld, M.D., P.A., Physicians Protective Trust Fund, Lexington Insurance Company, Weavers, now known as Southward Run-Off Limited, and Turegum based upon their contention as stated in the Complaint [pending in the Civil Court of the Fifteenth Judicial Circuit, in and for Palm Beach County] . . .

   
   

   * * *

   
   

   WHEREAS, said defendants in good faith and verily believing that said claim is not a valid one, are contesting said action, and there is a valid foundation for the defend- ants defense of said action; and

   
   

   WHEREAS, Dr. Feld, obstetrician, was a participating member of the Florida Birth- Related Neurological Injury Compensation Association having paid his full fee to receive the statutory protection, and St. Mary's Hospital was also to be statutory protected, from liability by virtue of paying to Florida Birth-Related Neurological Injury Compensation Association $50.00 per

   live birth at St. Mary's Hospital and despite both defendants being under the expected protection of the Florida Statute the trial court ruled that said defendants had no statutory protection because the Plaintiffs did not receive the Florida Birth-Related Neurological Injury Compensation Association brochure which was not provided by Florida Birth-Related Neurological Injury Compen- sation Association to both defendants until after Stacy Bass was no longer an

   obstetrical patient.

   
   

   WHEREAS, the parties to this release desire to compromise and settle said claim and said

   action rather than to incur the expense and uncertainty of the result of the litigation[.]

   
   

   * * *

   
   

   NOW, THEREFORE, IN CONSIDERATION OF THE

   PREMISES [following which the various considerations are recited] . . . the under- signed have acquitted, released, exonerated and discharged, and do hereby acquit, release, exonerate and discharge said Defendants, St.

   Mary's Hospital, Inc., David Feld, M.D., Casale, Silverman, Feld and Kotzen, M.D., P.A., formerly Gerson, Casale, Silverman [and] Feld, M.D., P.A., Physicians Protec- tive Trust Fund, Lexington Insurance Company, Weavers, now known as Southward Run-Off Limited, and Turegum, their successors,

   legal representatives and assigns, and any other parties or persons that may allege to have caused injury to the Plaintiff(s) (so as to make this a complete release of all claims related to the damage/injury/death

   at issue) of and from any and all obligations, liability or responsibility under the laws of the State of Florida, and of any other state of the United States, and of the United

   States of America, for, from, upon, under, on account of or growing or arising out of said claim or said action, . . . and do hereby acknowledge full and complete compromise and settlement, accord and satis- faction and payment thereof and therefor.

   
   

   This release specifically discharges and totally extinguishes all past, present, and future liability of Florida Birth-Related Neurological Injury Compensation Association and Plan to the Plaintiffs, Kyle Darrell Bass, a minor child, by and through his parents, Darrell E. Bass, and Stacy Bass, and Darrell E. Bass and Stacy Bass, individually, including all common liability so as to enable the Defendants, St. Mary's Hospital, Inc., David Feld, M.D., Casale, Silverman, Feld and Kotzen, M.D., P.A., formerly known as Gerson, Casale, Silverman and Feld, M.D., P.A., Physicians Protective

   Trust Fund, Lexington Insurance Company, Weavers, now known as Southwark Run-Off Limited, and Turegum to pursue any viable claim for contribution, indemnity or any other third party action against Florida Birth-Related Neurological Injury Compensation Association and Plan.

   
   

   * * *

   
   

   Notwithstanding any language in this Release, the Plaintiffs have entered into

   this settlement and this Release on the basis of the present value of $6,250,000 being paid in addition to all first party benefits paid or payable to plaintiffs from any collateral source other than the Florida Birth-Related Neurological Injury Compensation Act. With the exception of the Florida Birth-Related Neurological Injury Compensation Act, this Release does not in any way release any first party benefit pay or (sic) in the past or in the future from benefits payable under their policies, or guidelines, non (sic) of which have been paid by the payments set forth in this settlement. The Plaintiffs hereby reserve the right to collect all first party benefits due to them to the same extent they would have been able to collect such benefits had this agreement not been entered.

   
   

   In addition, Plaintiffs, Kyle Darrell Bass, a minor child, by and through his parents, Darrell E. Bass, and Stacy Bass, and Darrell

   E. Bass and Stacy Bass, individually hereby assign all right, title, and interest to St. Mary's Hospital, Inc., David Feld, M.D., Casale, Silverman, Feld and Kotzen, M.D., P.A., Physicians Protective Trust Fund, Lexington Insurance Company, Weavers, now known as Southwark Run-Off Limited, and Turegum which they may have under the laws of the State of Florida against the Florida Birth-Related Neurological Injury Compen- sation Association (the Association), the Florida Birth-Related Neurological Injury Compensation Plant (sic) (the Plan), the State of Florida and any and all other

   organizations or entities obligated under Florida Statutes 766.301 through 766.316 to manage and/or pay claims to potential claimants under the Plan set forth in

   766.301 through 766.316.

   
   

   Plaintiffs, Kyle Darrell Bass, a minor child, by and through his parents, Darrell E. Bass, and Stacy Bass, and Darrell E. Bass and

   Stacy Bass, individually hereby assign to St. Mary's Hospital, Inc., David Feld, M.D., Casale, Silverman, Feld and Kotzen, M.D., P.A., formerly known as Gerson, Casale, Silverman and Feld, M.D., P.A., Physicians Protective Trust Fund, Lexington Insurance Company, Weavers, now known as Southwark

   Run-Off Limited, and Turegum all rights they had or have to prosecute any claim which has been assigned hereunder. It is further agreed, where necessary, to act as a nominal Plaintiff in any litigation commenced by the assignee against Florida Birth-Related Neurological Injury Compensation Association or the Florida Birth-Related Neurological Injury Compensation Plan, etc.

   
   

   * * *

   
   

   IN WITNESS WHEREOF, DARRELL AND STACY BASS

   have hereunto set _____ hand_ and seal_, in the City of West Palm Beach, in the State of Florida, on this 10 day of April 1992.

   
   

4. Respondent, Florida Birth-Related Neurological Injury Compensation Association (hereinafter referred to as "NICA"), responded to the petition for benefits by motion to dismiss. The gravamen of NICA's motion was its contention: (1) that by electing to pursue a medical malpractice claim in circuit court to fruition, albeit by settlement, any claim the Bass family had under the Plan was waived or extinguished; and (2) that claims under the Plan are not assignable. 1/

   
   

5. Following receipt of NICA's motion to dismiss, the Hearing Officer entered an order on June 10, 1996, which accorded petitioners fourteen days to file a response and brief on the issues raised by the motion to dismiss, and accorded NICA a similar opportunity to file a brief addressing any authority it had to support the issues raised in its

   motion. The parties timely filed their responses to the order, and they have been duly considered in resolving the issues raised by the motion to dismiss.

   
   

   CONCLUSIONS OF LAW

   
   

6. The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings. Section 766.301, et seq., Florida Statutes.

   
   

7. The Florida Birth-Related Neurological Injury Compensation Plan (the Plan) was enacted by the legislature to address "a perceived medical malpractice . . . crisis affecting obstetricians and to assure the continued availability of essential obstetrical services." Humana of Florida, Inc. v. McKaughan, 652 So.2d 852, 855 (Fla. 2d DCA 1995), and Section 766.301(1), Florida Statutes. As enacted, the Plan "establishes an administrative system that provides compensation on a no-fault basis for an infant who suffers a narrowly defined birth-related neurological injury." Humana of Florida, Inc. v. McKaughan, supra, at page 855, and Section 766.301(2), Florida Statutes.

   
   

8. The Plan, like the Workers' Compensation Act, is a substitute for common law rights and liabilities. Section 766.303(2), Florida Statutes, and Florida Birth-Related Neurological Injury Compensation Association v. McKaughan, 668 So.2d 974 (Fla. 1996). Regarding the exclusiveness of the remedy afforded by the Plan, subsection 766.303(2) provides:

   
   

   (2) The rights and remedies granted by this plan on account of a birth-related neuro- logical injury shall exclude all other rights and remedies of such infant, his

   personal representative, parents, dependents, and next of kin, at common law or otherwise, against any person or entity directly involved with the labor, delivery, or immediate postdelivery resuscitation during which such injury occurs, arising out of or related to a medical malpractice claim with respect to such injury; except that a civil action shall not be foreclosed where there is clear and convincing evidence of bad faith or malicious purpose or willful and wanton disregard of human rights, safety, or property, provided that such suit is filed

   prior to and in lieu of payment of an award under ss. 766.301-766.316. Such suit shall be filed before the award of the division becomes conclusive and binding as provided for in s. 766.311.

   
   

9. Under the Plan, the legislature has reposed exclusive jurisdiction in DOAH to award benefits for a "birth-related neurological injury," and the benefits available under the Plan are not recoverable outside that forum. See, Sections 766.303(2) and 766.304, Florida Statutes, and Hill Top Developers v. Holiday Pines Service Corp., 478 So.2d 368 (Fla. 2d DCA 1985). See also, Florida Birth-Related Neurological Injury Compensation Association v. McKaughan, supra. Notwithstanding the exclusiveness of the remedy afforded by the Plan, the parents/natural guardians or the infant's legal representatives still have a right to file a personal injury action in circuit court, as opposed to seeking the benefits under the Plan, and the court has jurisdiction to entertain the suit. Humana of Florida, Inc. v. McKaughan, supra. However, such election is not without risk, since the plaintiffs may face the defense that their exclusive remedy is under the Plan and, if sustained, be barred from recovery in the civil forum and, through the passage of time, be likewise barred from recovery in the administrative forum. That election is, however, the exclusive province of the parents or infant's legal representative. Florida Birth-Related Neurological Injury Compensation Association v. McKaughan, supra, and Humana of Florida, Inc. v. McKaughan, supra.

10. Here, the petition alleges that the parents made such election, and filed a medical negligence claim against the participating obstetrician and hospital, among others, for a "birth-related neurological injury," as defined by the Plan. According to the petition, the exclusivity of the Plan was raised as an affirmative defense, and petitioners traversed or sought to avoid the defense by raising lack of notice, as envisioned by section 766.316 of the Plan. The trial court apparently disallowed the defense, consequent to the lack of notice, and the parties, as observed in the statement of the case, thereafter settled their dispute. 2/

    
    

11. As heretofore noted in the statement of the case, the release and assignment of rights the Bass family executed incident to their settlement of the civil suit, "specifically discharge[d] and totally extinguishe[d] all past, present, and future liability" of NICA or the Plan to them "so as to enable" the other petitioners in this case "to pursue any

    viable claim for contribution, indemnity or any other third party action" against NICA and the Plan; "assigned all right, title, and interest" the Bass family "may have under the laws of the State of Florida against" NICA and the Plan; and, "agreed, where necessary, to act as a nominal Plaintiff in any litigation commenced by the assignee[s] against" NICA and the Plan.

    
    

12. Based on the foregoing assignment of rights from the Bass family, petitioners, David W. Feld, M.D., Casale Silverman Feld and Kotzen, M.D., P.A., for the use and benefit of Physicians Protective Trust Fund and St. Mary's Hospital, Inc., individually and for the use and benefit of Lexington Insurance Company, Weavers n/k/a Southwark Run-Off Limited, and Turegum, have filed the subject claim under the Plan, with the Bass family named as nominal petitioners, and seek recovery of the benefits offered by the Plan for their own account. NICA has moved to dismiss the petition based on its contention that upon settlement of the civil suit any claim the Bass family had under the Plan was waived or extinguished, and because claims under the Plan are not assignable.

    
    

13. NICA's contention, that upon settlement of the civil suit any claim the Bass family had under the Plan was waived or extinguished, has merit. In this regard, it is observed that the Plan provides an alternative remedy to common law rights, not an additional remedy or a collateral source of benefits. Consequently, under the facts as alleged in the petition, when the Bass family elected to pursue a medical malpractice claim in circuit court to fruition, albeit by settlement, any claim they had under the Plan was waived or extinguished. Section 766.303(2), Florida Statutes. See generally, Florida Birth-Related Neurological Injury Compensation Association v. McKaughan, supra, and Humana of Florida, Inc. v. McKaughan, supra. Consequently, since the petitioners in interest enjoy no greater rights than their assignors, and their assignors' right to pursue a claim under the Plan has been lost, the subject petition should be dismissed. See, Florida Patient's Compensation Fund v. St. Paul Fire and Marine Insurance Co., 535 So.2d 335 (Fla. 4th DCA 1988).

    
    

14. While the foregoing conclusion is sufficient to resolve the motion to dismiss, it should likewise be observed that NICA's contention that a claim under the Plan is not assignable is also meritorious.

15. In reaching the foregoing conclusion, it is observed that the Plan contemplates a claim for benefits will be filed "on behalf of an injured infant," and that the benefits under the Plan are personal and continuing. See, e.g., Sections 766.302(3), 766.305(1), and 766.31(1), Florida Statutes. Concerning the personal and continuing nature of the benefits, subsection 766.31(1) provides that:

    
    

    1. Upon determining that an infant has sustained a birth-related neurological injury and that obstetrical services were delivered by a participating physician at the birth, the hearing officer shall make an award providing compensation for the following items relative to such injury:

       1. Actual expenses for medically necessary and reasonable medical and hospital, habilitative and training, residential, and custodial care and service, for medically necessary drugs, special equipment, and facilities, and for related travel. How- ever, such expenses shall not include:

          1. Expenses for items or services that the infant has received, or is entitled to receive, under the laws of any state or the Federal Government, except to the extent such exclusion may be prohibited by federal law.

          2. Expenses for items or services that the infant has received, or is contractually entitled to receive, from any prepaid health plan, health maintenance organization, or other private insuring entity.

          3. Expenses for which the infant has received reimbursement, or for which the infant is entitled to receive reimbursement, under the laws of any state or the Federal Government, except to the extent such exclusion may be prohibited by federal law.

          4. Expenses for which the infant has received reimbursement, or for which the infant is contractually entitled to receive reimbursement, pursuant to the provisions of any health or sickness insurance policy or other private insurance program.

          
          

          Expenses included under this paragraph shall be limited to reasonable charges prevailing

          in the same community for similar treatment of injured persons when such treatment is paid for by the injured person.

       2. Periodic payments of an award to the parents or legal guardians of the infant found to have sustained a birth-related neurological injury, which award shall not exceed $100,000. However, at the discretion of the hearing officer, such award may be made in a lump sum.

          
          

          * * *

          
          

    2. The award shall require the immediate payment of expenses previously incurred and shall require that future expenses be paid as incurred.

    
    

16. As noted, the benefits under the Plan include payment for past medical and other care for the infant, as well as payment for future expenses "as incurred," and "an award to the parents or legal guardians." Nothing in the terms of the statute suggests that the legislature envisioned or intended that the benefits of the Plan, which are continuing in nature for the care of the infant, were subject to assignment. Moreover, the Plan is a substitute for common law rights and liabilities. Section 766.303(2), Florida Statutes, and Florida Birth-Related Neurological Injury Compensation Association v. McKaughan, supra. Consequently, given the personal and continuing nature of the benefits, as well as the Plan's status as a substitute for common law rights, it is concluded that the same public policy prohibiting the assignment of a legal malpractice action also prohibits the assignment of a claim for benefits under the Plan. See, Washington v. Fireman's Fund Insurance Co., 459 So.2d 1148 (Fla. 4th DCA 1984).

CONCLUSION

Based on the foregoing, it is

ORDERED that the petition for benefits is dismissed.

DONE AND ORDERED in Tallahassee, Leon County, Florida, this 12th day of August, 1996.

____________________________________ WILLIAM J. KENDRICK, Hearing Officer Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 12th day of August, 1996.

ENDNOTES

1/ NICA further contended that petitioners are not "claimants," as that term is used in the Plan, and therefore lack standing or capacity to maintain the petition, since they are not seeking to recover an award (benefits) under the Plan (payment of past expenses for the care of the infant, an obligation to pay future expenses as incurred, and an award to the parents or legal guardians) for the infant and parents/natural guardians but, rather for their own account.

Such argument is, however, properly addressed in connection with, and subsumed within, the issue of whether a claim under the Plan may be assigned. NICA also raised the statute of limitations in response to the petition. That issue lacks merit, and is not further addressed.

2/ The reason for the settlement, whether because of the disallowance of the defense or otherwise, is not relevant to the resolution of this case. Moreover, petitioners are apparently pursuing a civil action in the Circuit Court of Palm Beach County against the Florida Birth-Related Neurological Injury Compensation Fund on "a number of causes of action for various claims for compensation" for matters relating to "the claim of KYLE DARRELL BASS," which presumably includes a claim for contribution based on NICA's alleged failure to provide the physician and hospital with the brochure or notice contemplated by section 766.316 of the Plan. Such issues are, however, within the jurisdiction of the circuit court, not this administrative forum, and are not relevant to the disposition of the issues raised by the motion

to dismiss. See, motions to abate, and the "Complete Release [and] Assignment of Rights."

COPIES FURNISHED:

(By certified mail)

Casey Shomo, Esquire Jeffrey C. Fulford, Esquire

Bobo, Spicer, Ciotoli, Fulford, et al. Esperante Building, 6th Floor

222 Lakeview Avenue

West Palm Beach, Florida 33401

David W. Black, Esquire

Frank, Effman and Weinberg, P.A. 8000 Peters Road

Plantation, Florida 33324

Lynn Dickinson, Executive Director Florida Birth-Related Neurological

Injury Compensation Association Post Office Box 14567 Tallahassee, Florida 32317-4567

Ms. Tanya Williams

Agency for Health Care Administration Division of Health Quality Assurance Hospital Section

2727 Mahan Drive

Tallahassee, Florida 32308

Ms. Charlene Willoughby Department of Business and

Professional Regulation Consumer Services

1940 North Monroe Street Tallahassee, Florida 32399-0784

Dan Sumner, General Counsel Department of Insurance

The Capitol, Plaza Level 11 Tallahassee, Florida 32399-0300

NOTICE OF RIGHT TO JUDICIAL REVIEW

A party who is adversely affected by this final order is entitled to judicial review pursuant to Sections 120.68 and 766.311, Florida Statutes. Review proceedings are governed by the Florida Rules of Appellate Procedure. Such proceedings are commenced by filing one copy of a Notice of Appeal with the Agency Clerk of the Division of Administrative Hearings and a second copy, accompanied by filing fees prescribed by law, with the appropriate District Court of Appeal. See, Section 120.68(2), Florida Statutes, and Florida Birth-Related Neurological Injury Compensation Association v. Carreras, 598 So.2d 299 (Fla. 1st DCA 1992). The Notice of Appeal must be filed within 30 days of rendition of the order to be reviewed.

Docket for Case No: 96-001354N

Orders for Case No: 96-001354N