-6- Respondent argues that petitioner (1) is not entitled to the amount petitioner is now claiming, for purposes of the instant motion, of $1,014,378.94 as an expense paid to the FPCF during the years at issue, and (2) did not sustain a net operating loss in taxable year 1983. 2. FPCF Payments In 1975, the State of Florida enacted the Medical Malpractice Reform Act.2 As a part of the Act, the FPCF was established to provide liability coverage in excess of basic policy limits for its member hospitals. Petitioner became a participant in FPCF during the fiscal year ending September 30, 1977. Various assessments were made against petitioner by the FPCF. On June 20, 1985, petitioner and the FPCF entered into a settlement agreement establishing a payment schedule for petitioner's then outstanding FPCF assessments as well as subsequent assessments. The payment schedule covers what the FPCF refers to as the "fifth assessment" and all subsequent FPCF assessments including the sixth, seventh, and eighth assessments. The FPCF fifth assessment years are 1977-78, 1979-80, 1980-81, and 1981-82. The "fourth assessment" involves FPCF years 1976 through 1981. The payment schedule outlined in the settlement agreement required petitioner to pay on or before each January 2Fla. Stat., sec. 768.54.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011