The 2023 Florida Statutes (including Special Session C)

Title XLV
TORTS

Chapter 766
MEDICAL MALPRACTICE AND RELATED MATTERS

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F.S. 766.31

766.31 Administrative law judge awards for birth-related neurological injuries; notice of award.—

(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 administrative law judge shall make an award providing compensation for the following items relative to such injury:

(a) Actual expenses for medically necessary and reasonable medical and hospital, habilitative and training, family residential or custodial care, professional residential, and custodial care and service, for medically necessary drugs, special equipment, and facilities, and for related travel. At a minimum, compensation must be provided for the following actual expenses:

1. A total annual benefit of up to $10,000 for immediate family members who reside with the infant for psychotherapeutic services obtained from providers licensed under chapter 490 or chapter 491.

2. For the life of the child, providing parents or legal guardians with a reliable method of transportation for the care of the child or reimbursing the cost of upgrading an existing vehicle to accommodate the child’s needs when it becomes medically necessary for wheelchair transportation. The mode of transportation must take into account the special accommodations required for the specific child. The plan may not limit such transportation assistance based on the child’s age or weight. The plan must replace any vans purchased by the plan every 7 years or 150,000 miles, whichever comes first.

3. Housing assistance of up to $100,000 for the life of the child, including home construction and modification costs.

(b) However, the following expenses are not subject to compensation:

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.

(c) Expenses included under paragraph (a) are 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. The parents or legal guardians receiving benefits under the plan may file a petition with the Division of Administrative Hearings to dispute the amount of actual expenses reimbursed or a denial of reimbursement.

(d)1.a. 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 may not exceed $100,000. However, at the discretion of the administrative law judge, such award may be made in a lump sum. Beginning on January 1, 2021, the award may not exceed $250,000, and each January 1 thereafter, the maximum award authorized under this paragraph shall increase by 3 percent.

b. Parents or legal guardians who received an award pursuant to this section before January 1, 2021, must receive a retroactive payment in an amount sufficient to bring the total award paid to the parents or legal guardians pursuant to sub-subparagraph a. to $250,000. This additional payment may be made in a lump sum or in periodic payments as designated by the parents or legal guardians and must be paid by July 1, 2021.

2.a. Death benefit for the infant in an amount of $50,000.

b. Parents or legal guardians who received an award pursuant to this section, and whose child died since the inception of the program, must receive a retroactive payment in an amount sufficient to bring the total award paid to the parents or legal guardians pursuant to sub-subparagraph a. to $50,000. This additional payment may be made in a lump sum or in periodic payments as designated by the parents or legal guardians and must be paid by July 1, 2021.

(e) Reasonable expenses incurred in connection with the filing of a claim under ss. 766.301-766.316, including reasonable attorney’s fees, which shall be subject to the approval and award of the administrative law judge. In determining an award for attorney’s fees, the administrative law judge shall consider the following factors:

1. The time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal services properly.

2. The fee customarily charged in the locality for similar legal services.

3. The time limitations imposed by the claimant or the circumstances.

4. The nature and length of the professional relationship with the claimant.

5. The experience, reputation, and ability of the lawyer or lawyers performing services.

6. The contingency or certainty of a fee.

Should there be a final determination of compensability, and the claimants accept an award under this section, the claimants are not liable for any expenses, including attorney fees, incurred in connection with the filing of a claim under ss. 766.301-766.316 other than those expenses awarded under this section.

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

(3) A copy of the award shall be sent immediately by registered or certified mail to each person served with a copy of the petition under s. 766.305(2).

History.—s. 69, ch. 88-1; s. 5, ch. 89-186; s. 22, ch. 91-46; s. 4, ch. 94-106; s. 313, ch. 96-410; s. 150, ch. 2001-277; s. 6, ch. 2002-401; s. 78, ch. 2003-416; s. 3, ch. 2021-134; s. 23, ch. 2022-71.

F.S. 766.31 on Google Scholar

F.S. 766.31 on Casetext

Amendments to 766.31

Arrestable Offenses / Crimes under Fla. Stat. 766.31

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 766.31.

Annotations, Discussions, Cases:

Cases from cite.case.law:

UNITED STATES v. E. HENRICKS, III,, 886 F.3d 618 (7th Cir. 2018)

. . . . § 766.31(3). . . .

IN RE A. GRAL, A. LLC, v., 572 B.R. 709 (Bankr. E.D. Wis. 2017)

. . . . § 766.31(1). . . . Stat. § 766.31(3). . . . Stat. § 766.31(5). . . . Stat. § 766.31(1) & (8). . . . Stat. § 766.31(10). . . .

LAMPERT T. L. v. FLORIDA BIRTH- RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION,, 206 So.3d 845 (Fla. Dist. Ct. App. 2016)

. . . Analysis This case involves the interpretation of the NICA-related attorneys’ fee statute, § 766.31, . . . The petition was then resolved by an ALJ in an administrative proceeding pursuant to § 766.31. . . . filing of a claim under ss. 766.301-766.316 other than those expenses awarded under this section. § 766.31 . . . Section 766.31 does not address prevailing parties, but rather links liability for expenses with a final . . . Our opinion does not reach the issue of recoveries typically allowed under § 766.31, but is limited to . . .

PUTNAM COMMUNITY MEDICAL CENTER, v. FLORIDA BIRTH- RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, a k a a, 204 So.3d 598 (Fla. Dist. Ct. App. 2016)

. . . raise the issue of the interpretation and constitutionality [on equal protection grounds] of section 766.31 . . .

IN RE M. ROEN M., 556 B.R. 401 (Bank. W.D. Wis. 2016)

. . . . § 766.31(6). . . . Stat. §§ 766.31(8) and (9) would still treat the real estate as individual property. . . .

IN RE W. STERNAT,, 556 B.R. 394 (Bankr. E.D. Wis. 2016)

. . . . § 766.31(10). . . . Wisconsin’s Marital Property Act makes clear that a “homestead may be reclassified under s. 766.31(10 . . . And the parties’ quitclaim deed satisfies § 766.31(10)’s reclassification requirements. See Wis. . . . . §§ 766.31(10) (“Spouses may reclassify their property by ... conveyance, as defined in s. 706.01(4) . . .

IN RE J. MCCARTHY, 554 B.R. 866 (Bank. W.D. Wis. 2016)

. . . . § 766.31, Mrs. . . .

SMITH, v. CAPITAL ONE BANK USA N. A. S. C., 545 B.R. 249 (E.D. Wis. 2016)

. . . . § 766.31. Each spouse has an undivided one-half interest in marital property. Wis. . . . . § 766.31(3). . . . inheritance from a third person, which would be individual property rather than marital property, id. § 766.31 . . .

UNIVERSITY OF MIAMI d b a v. A. RUIZ, RUIZ, 164 So. 3d 758 (Fla. Dist. Ct. App. 2015)

. . . See § 766.31, Fla. Stat. (1998). . . . 766.3l(l)(b), and reasonable expenses incurred in filing the NICA claim, including attorney's fees, § 766.31 . . .

BASKIN, v. BOGAN, v., 766 F.3d 648 (7th Cir. 2014)

. . . (2), 766.15(1), 766.55; the presumption that all property of married couples is marital property, § 766.31 . . .

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

. . . The Fifth District upheld the constitutionality of section 766.31(l)(b)l, Florida Statutes (2010), which . . . (l)(a) and reasonable attorney’s fees and other expenses pursuant to section 766.31(l)(c). . . . the parties a hearing to offer any proof they perceived pertinent to the interpretation of section 766.31 . . . Statutes, the ALJ must make all NICA Awards, which includes the parental award pursuant to section 766.31 . . . The Samples appealed the ALJ’s final order, claiming that section 766.31(l)(b)l (the “parental award . . . The certified question of great public importance in this case is whether “the limitation in section 766.31 . . . I concur with the majority’s holding . that section 766.31(l)(b)l., Florida Statutes (2010) (the “parental . . . Section 766.31(1), Florida Statutes (2010), provides in pertinent part: Upon determining that an infant . . . Significantly, subsections 766.31 (l)(a) and (c) contemplate specific expenses related to caring for . . . an injured child and pursuing a claim under the Plan, while subsection 766.31(l)(b)l. . . .

In LANDSINGER,, 490 B.R. 827 (Bank. W.D. Wis. 2012)

. . . . § 766.31(2), (3); see also In re Czerneski, 330 B.R. at 242. . . . Stat. § 766.31(7)(a). . . .

MARADIAGA, J. C. S. M. a G. J. C. S. M. a v. UNITED STATES, 679 F.3d 1286 (11th Cir. 2012)

. . . . § 766.309, 766.31. The Compensation Act defines both the covered injuries and the professionals. . . . Id. § 766.31. . . .

UNIVERSITY OF MIAMI d b a M. D. M. D. M. D. M. M. D. d b a M. D. v. EXPOSITO, GONZALEZ, a, 87 So. 3d 803 (Fla. Dist. Ct. App. 2012)

. . . entitled to compensation from the association, or if the claimant accepts an award issued under s. 766.31 . . . Although Ex-pósito filed a form petition requesting payment of expenses as set forth in section 766.31 . . .

J. ANDERSON, a J. J. v. HELEN ELLIS MEMORIAL HOSPITAL FOUNDATION, INC. R. N. R. N., 66 So. 3d 1095 (Fla. Dist. Ct. App. 2011)

. . . . § 766.31 [ (2004) ] (‘a bird in the hand’) versus pursuing a civil suit against [the Hospital] in Circuit . . . (c) How much compensation, if any, is awardable pursuant to s. 766.31. . . . addressing com-pensability and notice pursuant to s. 766.316 first, and addressing an award pursuant to s. 766.31 . . . and notice which is subject to appeal under s. 766.311, prior to issuance of an award pursuant to s. 766.31 . . .

In Jo- GRIFFITH,, 449 B.R. 909 (Bank. W.D. Wis. 2011)

. . . . § 766.31(3). . . .

In A. VANDERHEI,, 449 B.R. 359 (Bank. W.D. Wis. 2011)

. . . . § 766.31(3). . . .

ORLANDO REGIONAL HEALTHCARE SYSTEM, INC. v. GWYN, 53 So. 3d 385 (Fla. Dist. Ct. App. 2011)

. . . (see section 766.314) and limitations were placed on amounts recoverable by claimants (see section 766.31 . . . judge shall make an award providing compensation for the following items relative to such injury ... § 766.31 . . .

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

. . . (l)(a) and reasonable attorney’s fees and other expenses pursuant to section 766.31(l)(c). . . . Ambiguity On appeal, the Samples first argue that section 766.31(l)(b)l. is ambiguous. . . . .; § 766.31(l)(b), Fla. Stat. (1988). . . . Ch. 89-186, § 5, Laws of Fla.; § 766.31(l)(b)l., Fla. Stat. (1989). . . . Mary’s Hospital applies to section 766.31(l)(b)l. . . .

E. MURPHY, v. COLORADO DEPARTMENT OF CORRECTIONS, 381 F. App'x 828 (10th Cir. 2010)

. . . Along with his letter, he submitted a one-month balance sheet for his account reflecting a deficit of $766.31 . . .

PEDIATRIX MEDICAL GROUP OF FLORIDA, INC. M. D. M. D. M. D. M. D. v. FALCONER, a, 31 So. 3d 310 (Fla. Dist. Ct. App. 2010)

. . . is entitled to compensation from the association, or if the claimant accepts an award issued under § 766.31 . . .

ST. VINCENT S MEDICAL CENTER, INC. H. M. D. P. A. v. BENNETT, a, 27 So. 3d 65 (Fla. Dist. Ct. App. 2009)

. . . See §§ 766.303, 766.309, and 766.31, Fla. Stat. . . .

RODRIGUEZ, a a v. FLORIDA BIRTH- RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, a v., 19 So. 3d 386 (Fla. Dist. Ct. App. 2009)

. . . The ALJ denied the Parents’ motions for fees and costs pursuant to section 766.31(l)(c). . . . Because of our decision that the Parents’ are entitled to recover their fees and costs under section 766.31 . . .

In K. STANFIELD E. K. E. v., 408 B.R. 229 (Bankr. E.D. Wis. 2009)

. . . . § 766.31(3), provides that, even if the homestead is titled in only one of the spouse’s names (in this . . .

In C. THONGTA,, 401 B.R. 363 (Bankr. E.D. Wis. 2009)

. . . . § 766.31. . . .

ORLANDO REGIONAL HEALTHCARE SYSTEM, INC. v. FLORIDA BIRTH- RELATED NEUROLOGICAL,, 997 So. 2d 426 (Fla. Dist. Ct. App. 2008)

. . . .; see §§ 766.309, 766.31, Fla. Stat. (2004). . . .

In SUDANO, INC., 391 B.R. 678 (Bankr. E.D.N.Y. 2008)

. . . contention, Bongiovanni Jr. argues as follows: Pursuant to the Uniform Marital Property Act W.S.A. 766.31 . . .

FLORIDA BIRTH- RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, v. FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS, v., 948 So. 2d 705 (Fla. 2007)

. . . . §§ 766.309(l)(c), 766.31(1), Fla. Stat. (1997). . . . addressing compensability and notice pursuant to s. 766.316 first, and addressing an award pursuant to s. 766.31 . . . and notice which is subject to appeal under s. 766.311, prior to issuance of an award pursuant to s. 766.31 . . . and notice which is subject to appeal under s. 766.311, prior to issuance of an award pursuant to s. 766.31 . . .

MATTEINI v. FLORIDA BIRTH- RELATED NEUROLOGICAL,, 946 So. 2d 1092 (Fla. Dist. Ct. App. 2006)

. . . .; see §§ 766.309, 766.31, Fla. Stat. (2005). . . .

UNITED STATES v. F. WAHLEN,, 459 F. Supp. 2d 800 (E.D. Wis. 2006)

. . . . § 766.31(2). . . . Stat. § 766.31(3). . . . Stat. § 766.31(2). . . . Stat. § 766.31(7)(a). . . . Stat. § 766.31(4). . . .

WEINSTOCK, M. D. M. D. P. A. d b a s LLP, v. HOUVARDAS a, 924 So. 2d 982 (Fla. Dist. Ct. App. 2006)

. . . addressing compensability and notice pursuant to s. 766.316 first, and addressing an award pursuant to s. 766.31 . . . and notice which is subject to appeal under s. 766.311 prior to issuance of an award pursuant to s, 766.31 . . .

In A. CZERNESKI, 330 B.R. 240 (Bankr. E.D. Wis. 2005)

. . . For married debtors, § 766.31(2) of the Wisconsin Statutes creates a presumption that all property is . . . Stats. § 766.31(7)(a) (2004). Wis. . . .

ORLANDO REGIONAL HEALTHCARE SYSTEM, INC. v. ALEXANDER,, 909 So. 2d 582 (Fla. Dist. Ct. App. 2005)

. . . entitled to compensation from the association, or if the claimant accepts an award issued under s. 766.31 . . .

L. RINELLA, M. D. v. ABIFARAJ, 908 So. 2d 1126 (Fla. Dist. Ct. App. 2005)

. . . period in a hospital,” and (c) “[h]ow much compensation, if any, is awardable,” pursuant to section 766.31 . . .

DEPART, CNM, v. MACRI O M. D. P. A. d b a s, 902 So. 2d 271 (Fla. Dist. Ct. App. 2005)

. . . period in a hospital”; and (3) “[hjow much compensation, if any, is awardable pursuant to s[ection] 766.31 . . .

MALU, v. SECURITY NATIONAL INSURANCE COMPANY, v., 898 So. 2d 69 (Fla. 2005)

. . . cited to the statutory scheme that provided benefits for birth-related neurological injuries, section 766.31 . . .

TABB, TABB, a v. FLORIDA BIRTH- RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION M. D. d b a, 880 So. 2d 1253 (Fla. Dist. Ct. App. 2004)

. . . addressing compensability and notice pursuant to s. 766.316 first, and addressing an award pursuant to s. 766.31 . . . and notice which is subject to appeal under s. 766.311, prior to issuance of an award pursuant to s. 766.31 . . . (c) How much compensation, if any, is awardable pursuant to s. 766.31. (2) If the administrative law . . .

FLORIDA HEALTH SCIENCES CENTER, INC. d b a v. DIVISION OF ADMINISTRATIVE HEARINGS v. a, 871 So. 2d 1062 (Fla. Dist. Ct. App. 2004)

. . . (c) How much compensation, if any, is awardable pursuant to s. 766.31. § 766.309(l)(a)-(c). . . . Section 766.31 specifically states that if the ALJ determines that the injury is a birth-related neurological . . . addressing compensability and notice pursuant to s. 766.316 first, and addressing an award pursuant to s. 766.31 . . . and notice which is subject to appeal under s. 766.311, prior to issuance of an award pursuant to s. 766.31 . . .

FLORIDA BIRTH- RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, v. FERGUSON a C. N. M., 869 So. 2d 686 (Fla. Dist. Ct. App. 2004)

ALL CHILDREN S HOSPITAL, INC. v. DEPARTMENT OF ADMINISTRATIVE HEARINGS, a H. f k a, 863 So. 2d 450 (Fla. Dist. Ct. App. 2004)

. . . .” § 766.31(1). . . . (c)How much compensation, if any, is awardable pursuant to s. 766.31. (2) If the administrative law judge . . .

ADVENTIST HEALTH SYSTEM SUNBELT, INC. v. FLORIDA BIRTH- RELATED NEUROLOGICAL INJURY, 865 So. 2d 561 (Fla. Dist. Ct. App. 2004)

. . . Sections 766.302(2), 766.309(2), and 766.31(1), Florida Statutes. . . .

MALU, v. SECURITY NATIONAL INSURANCE COMPANY,, 848 So. 2d 373 (Fla. Dist. Ct. App. 2003)

. . . it also did so in our statutes providing benefits for birth-related neurological injuries, section 766.31 . . .

ABIFARAJ v. FLORIDA BIRTH- RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, M. D. P. A. M. M. P. A. d b a P. A., 844 So. 2d 751 (Fla. Dist. Ct. App. 2003)

. . . arising from a compen-sable injury, which comprise the element of compensation provided for in section 766.31 . . . with bringing the claim, which comprise a separate element of compensation provided for in section 766.31 . . . “actual expenses” and “reasonable expenses” it is clear that an award of compensation under section 766.31 . . . We do not reach the question of whether an award under section 766.31(l)(c) is an ancillary or collateral . . .

ROMINE v. FLORIDA BIRTH RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION,, 842 So. 2d 148 (Fla. Dist. Ct. App. 2003)

. . . Section 766.31(l)(a), Florida Statutes (Supp.1988), recognizes that a NICA infant may receive compensation . . .

A. FLUET, a v. FLORIDA BIRTH- RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION,, 788 So. 2d 1010 (Fla. Dist. Ct. App. 2001)

. . . See also § 766.31, Fla. Stat. (1999). . . .

In SCHMIEDEL n k a, 236 B.R. 393 (Bankr. E.D. Wis. 1999)

. . . . § 766.31(3). Community property is a unitary concept of ownership and debt satisfaction. . . .

In M. PFALZGRAF,, 236 B.R. 390 (Bankr. E.D. Wis. 1999)

. . . . § 766.31(1), (2). . . .

In GILLETTE, a k a p k a, 248 B.R. 845 (Bankr. M.D. Fla. 1999)

. . . . § 766.31. . . .

A. GILBERT, Ad a v. FLORIDA BIRTH- RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION d b a s, 724 So. 2d 688 (Fla. Dist. Ct. App. 1999)

. . . Section 766.31(l)(a), Florida Statutes (Supp.1988), recognizes that a NICA infant may receive compensation . . .

BARDEN, M. D. M. D. P. A. v. W. HADDOX, a, 695 So. 2d 1271 (Fla. Dist. Ct. App. 1997)

. . . provided that Justin and his parents were entitled to receive an award of compensation pursuant to section 766.31 . . . expenses previously incurred, as well as payments for future expenses as incurred, consistent with section 766.31 . . .

FLORIDA BIRTH- RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, v. FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS,, 686 So. 2d 1349 (Fla. 1997)

. . . Sections 766.302(2), 766.309(2), and 766.31(1), Florida Statutes. . . . accordance with the provisions of Chapter 120, Florida Statutes (1995). §§ 766.304, 766.307, 766.309, 766.31 . . .

FLORIDA BIRTH- RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, v. McKAUGHAN a HUMANA OF FLORIDA, INC. d b a s L. M. D. v. McKAUGHAN a SOLOMON, M. D. v. McKAUGHAN a, 668 So. 2d 974 (Fla. 1996)

. . . . § 766.31. . . .

CARRERAS, v. FLORIDA BIRTH- RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION,, 665 So. 2d 1082 (Fla. Dist. Ct. App. 1995)

. . . .” § 766.31(l)(a), Fla.Stat. (1993). At the hearing, Dr. . . . The claimant contends that the hearing officer erred in concluding that, pursuant to Section 766.31(l . . .

HUMANA OF FLORIDA. INC. d b a s L. M. D. L. M. D. P. A. v. McKAUGHAN McKAUGHAN, a FLORIDA BIRTH- RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, v. McKAUGHAN McKAUGHAN, a SOLOMON, M. D. M. D. P. A. v. McKAUGHAN McKAUGHAN, a, 652 So. 2d 852 (Fla. Dist. Ct. App. 1995)

. . . . § 766.31. . . .

In HILT,, 175 B.R. 747 (Bankr. D. Kan. 1994)

. . . . § 766.31(2) (1989-1990), and '[e]ach spouse has a present undivided one-half interest in each item . . . of marital property.' § 766.31(3).” . . .

In A. PAGE,, 171 B.R. 349 (Bank. W.D. Wis. 1994)

. . . The check is “marital property” according to Wisconsin Statutes § 766.31(1). See also Wis. . . . . § 766.31(4). The debtor holds an “undivided one-half interest” in the check. Wis. . . .

FLORIDA BIRTH- RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, v. CARRERAS, a, 633 So. 2d 1103 (Fla. Dist. Ct. App. 1994)

. . . . §§ 766.309, 766.31. . . . Id. § 766.31(l)(a), (b). . . . Section 766.31(1), Fla.Stat. (1991) (emphasis added). . . . Consumer Serv’s, 599 So.2d 641, 643-44 (Fla.1992) (footnote omitted). • In the present case section 766.31 . . . JCC’s finding regarding the “fee customarily charged in the locality for similar legal services.” § 766.31 . . .

In M. GEISE, Jr. R. LUDWIG, v. M. GEISE,, 132 B.R. 908 (Bankr. E.D. Wis. 1991)

. . . The Wisconsin Marital Property Act presumes that all property of married persons is marital property, 766.31 . . . See 766.31(6) Wis.Stats. . . . Income on nonmarital property earned after the S.I.P.C.A. was no longer in effect is marital property. 766.31 . . . Section 766.31(4) Wis.Stats. provides, with a few inapposite exceptions, that income earned or accrued . . . (c) 12:01 a.m. on January 1, 1986. . 766.31 Classification of property of spouses. (6) Property owned . . .

FARREY, SANDERFOOT v. SANDERFOOT, 500 U.S. 291 (U.S. 1991)

. . . . §766.31(2) (1989-1990), and “[e]ach spouse has a present undivided one-half interest in each item of . . . marital property.” §766.31(3). . . .

FARREY, v. J. SANDERFOOT, 111 S. Ct. 1825 (U.S. 1991)

. . . . § 766.31(2) (1989-1990), and “[ejach spouse has a present undivided one-half interest in each item . . . Id., § 766.31(3). . . .

In G. GRADY, RINEHART, v. MEEK f k a, 128 B.R. 462 (Bankr. E.D. Wis. 1991)

. . . The Wisconsin Marital Property Act presumes that all property of married persons is marital property, 766.31 . . .

In J. SANDERFOOT, FARREY, f k a v. J. SANDERFOOT,, 899 F.2d 598 (7th Cir. 1990)

. . . . §§ 766.31, 767.255; Krueger v. . . .

In J. SANDERFOOT, FARREY, f k a v. J. SANDERFOOT,, 899 F.2d 598 (7th Cir. 1990)

. . . . §§ 766.31, 767.255; Krueger v. . . .

In SWEITZER,, 111 B.R. 792 (Bank. W.D. Wis. 1990)

. . . . § 766.31(4) (1987), except as otherwise provided, “income earned or accrued by a spouse or attributable . . . Central Trust cites Wis.Stat. § 766.31(3) (1987), which states that “Each spouse has a present undivided . . .

In R. VAN KYLEN, MERRILL LYNCH, PIERCE, FENNER SMITH, INC. v. R. VAN KYLEN, J., 98 B.R. 455 (Bank. W.D. Wis. 1989)

. . . . § 766.31(2) (1987-88). . . . WIS.STAT. § 766.31(8) (1987-88). . . . WIS.STAT. § 766.31(8) (1987-88). . . .

In LUNDELL FARMS,, 86 B.R. 582 (Bank. W.D. Wis. 1988)

. . . . § 766.31(4) as defined in WIS.STAT. § 766.01(10); Elna and Debra as wives have a present undivided . . . See WIS.STAT. § 766.31(3); and since CCC has conceded it is making no claim against Elna nor Debra, their . . .

UNITED STATES v. P. MARX a k a D, MARX, 844 F.2d 1303 (7th Cir. 1988)

. . . . § 766.31(2) and (3). Mary Ann, however, cannot rely on this statute to support her contentions. . . . At a pre-trial hearing the district court held that, unlike the new Section 766.31 that grants a present . . . Wis.Stats. § 766.31(6), (8) and (9). . . .

In J. SANDERFOOT, f d b a d b a s s, 83 B.R. 564 (Bankr. E.D. Wis. 1988)

. . . . § 766.31. . . .

UNITED STATES v. BETHLEHEM STEEL COMPANY, 215 F. Supp. 62 (D. Md. 1962)

. . . In compliance, the Government certified land at $365,630.31 and cost of survey at $1,-766.31. . . .