The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . determination could file a claim with the Florida Division of Administrative Hearings pursuant to § 766.301 . . . The process the parties adopted from § 766.301-766.316 to resolve petitions for custodial care benefits . . . any expenses, including attorney’s fees, incurred in connection with the filing of a claim under ss. 766.301 . . .
. . . any law related to Florida’s Birth Related Neurological Injury Compensation Plan (Florida Statutes 766.301 . . .
. . . See § 766.301(l)(a), Fla. Stat. . . . Plan to provide no fault compensation for birth-related neurological injuries to infants—see sections 766.301 . . .
. . . . § 766.301(2), Fla. Stat.; Fla. Birth-Related. Neurological Injury Comp. Ass’n v. . . .
. . . See §§ 766.301-766.316, Fla. Stat. (2007). . . . See §§ 766.301, 766.302(7), Fla. Stat. (2007). . . .
. . . that it is entitled to immunity from suit under Florida’s Birth-Related Neurological Injury Act, § 766.301 . . . for custodial care and rehabilitation.’ ” Ruiz, 916 So.2d at 868 (alteration in original) (quoting § 766.301 . . . suit and the magnitude of potential damages when a baby is delivered with a neurological injury. § 766.301 . . .
. . . . §§ 766.301 to 766.316, Fla. Stat. (2012). . . .
. . . s claims were governed by the Florida Birth-Related Neurological Injury Compensation Plan, sections 766.301 . . .
. . . under the Florida Birth-Related Neurological Injury Compensation Association (“NICA”) statute, sections 766.301 . . .
. . . .” § 766.301(2), Fla. Stat. (2010). . . .
. . . . §§ 766.301-16. . . .
. . . the Florida Birth-Related Neurological Injury Compensation Plan (“the Plan”) as set forth in Section 766.301 . . . The first subsection of this statutory-scheme expresses the legislative intent: Section 766.301. . . . This plan shall apply only to birth-related neurological injuries. § 766.301, Fla. . . . these claims: The administrative law judge shall hear and determine all claims filed pursuant to ss. 766.301 . . . an administrative claim for compensation under the NICA Plan: Any claim for compensation under ss. 766.301 . . .
. . . . §§ 766.301-.316, Fla. . . .
. . . . § 766.301(1), Fla. Stat. (2001). . . . . § 766.301(2), Fla. Stat. (2001). . . . See § 766.301(l)(d), Fla. . . . See §§ 766.301, 766.303, Fla. Stat. . . . catastrophic injuries that result in unusually high costs for custodial care and rehabilitation.” § 766.301 . . .
. . . . § 766.301(l)(e). . . . See § 766.301(l)(d). . . . or property, provided that such suit is filed prior to and in lieu of payment of an award under ss. 766.301 . . . MONACO, C.J., and JACOBUS, J., concur. . §§ 766.301-.316, Fla. Stat. (2010). . . . .
. . . See § 766.301(2), Fla. Stat. . . . premiums by providing no-fault compensation for a limited class of high-cost catastrophic injuries. §§ 766.301 . . . Legislature expressly stated that it intended to provide a “limited system of compensation ....” § 766.301 . . . Limiting parental compensation to $100,000, as required under section 766.301(l)(b)l., instead of judicially . . . that the Legislature expressly demonstrated an overwhelming public necessity for the plan in section 766.301 . . .
. . . See §§ 766.301-.316. . . . the exposure to civil liability of hospitals and physicians providing obstetrical services, see §§ 766.301 . . .
. . . . § 766.301, Fla. Stat. (1997). . . . or property, provided that such suit is filed prior to and in lieu of payment of an award under ss. 766.301 . . .
. . . the Florida Birth-Related Neurological Injury Compensation Plan (hereafter, the NICA Plan), section 766.301 . . . See §§ 766.301-.316, Fla. Stat.; Fla. Birth-Related Neurological Injury Comp. Ass’n v. . . . See §§ 766.301, 766.303, Fla. Stat. . . . As the Legislature explained in its statement of findings and intent set forth in section 766.301, physicians . . . catastrophic injuries that result in unusually high costs for custodial care and rehabilitation.” § 766.301 . . .
. . . This Plan, as established at sections 766.301 through 766.316, Florida Statutes, provides no-fault compensation . . .
. . . for the recovery of “[reasonable expenses incurred in connection with the filing of a claim under ss. 766.301 . . .
. . . . §§ 766.301-766.316, Fla. Stat. (2007). . . .
. . . compensation under the Florida Birth-Related Neurological Injury Compensation Plan (“the Plan”), sections 766.301 . . . See §§ 766.301-.316, Fla. Stat. (1998); Fla. Birth-Related Neurological Injury Comp. Ass’n v. . . .
. . . . §§ 766.301-.316, Fla. Stat. (2002). . . . . The provisions of the plan are contained in sections 766.301 through 766.316, Florida Statutes (2002) . . .
. . . was given under the Florida Birth-Related Neurological Injury Compensation Act (the Act), sections 766.301 . . .
. . . .” § 766.301(2). . . . See § 766.301(l)(a). . . . See § 766.301(1)(c) (“Because obstetric services are essential, it is incumbent upon the Legislature . . . NORTHCUTT, C.J., and KELLY, J., Concur. . §§ 766.301-.316, Fla. Stat. (1997). . . . .
. . . under the Florida Birth-Related Neurological Injury Compensation Plan (“NICA”), created by sections 766.301 . . . See §§ 766.301-.316, Fla. Stat. (2002); Fla. Birth-Related Neurological Injury Comp. Ass’n v. . . .
. . . . §§ 766.301-.316, Fla. Stat. (1997). . . . .
. . . This paragraph shall not apply to actions for which ss. 766.301-766.316 provide the exclusive remedy. . . .
. . . law judges under the Florida Birth-Related Neurological Injury Compensation Act as found in sections 766.301 . . . Claims under the NICA Plan are heard and determined administratively as set forth in sections 766.301 . . . See § 766.301, Fla. Stat. (Supp.1998). . . . Paragraph (d) of subsection (1) of Section 766.301, Florida Statutes, is amended to read: 766.301 Legislative . . . See § 766.301(l)(d), Fla. Stat. . . . See § 766.301, Fla. Stat. . . . See § 766.301, Fla. Stat. (Supp.1998). . . . injuries were compensable under section 766.309(1), and thus “covered by [NICA],” in accord with section 766.301 . . .
. . . benefits under the Florida Birth-Related Neurological Injury Compensation Plan (“the Plan”), sections 766.301 . . . See §§ 766.301-.316, Fla. Stat. (2005); Fla. Birth-Related Neurological Injury Comp. Ass’n v. . . .
. . . See § 766.301, Fla. Stat. (2005). . . .
. . . Section 766.301 through section 766.316 of the Florida Statutes (2004) sets forth the provisions of Florida . . .
. . . .” § 766.301(l)(d), Fla. Stat. (Supp.1998). . . .
. . . remedy only under the Florida Birth-Related Neurological Injury Compensation Plan (“NICA”), sections 766.301 . . . in order to help “stabiliz[e] and reduc[e] malpractice insurance premiums” faced by obstetricians. § 766.301 . . .
. . . The Florida Birth-Related Neurological Compensation Act, sections 766.301-766.316, Florida Statutes ( . . .
. . . University filed motions to dismiss or abate, contending that the claim was governed by NICA, sections 766.301 . . . The legislative goal behind enacting sections 766.301-.316 was to provide a no-fault alternative remedy . . . See § 766.301(2), Fla. Stat. (1998). . . . Sections 766.301-.316, Florida Statutes (1998) establish NICA, a limited no-fault administrative compensation . . .
. . . Section 766.301 of the Florida Statutes articulates the Legislature’s intent behind enacting NICA: 766.301 . . . This plan shall apply only to birth-related neurological injuries. § 766.301(2), Fla. . . . Definitions; ss. 766.301-766.316 As used in ss. 766.301-766.316, the term: ⅜ ⅝ ⅝ ⅜ ⅜ ⅛ (2) “Birth-related . . . determine claims The administrative law judge shall hear and determine all claims filed pursuant to ss. 766.301 . . .
. . . the Florida Birth-Related Neurological Injury Compensation Plan (“NICA plan”) contained in sections 766.301 . . . or property, provided that such suit is filed prior to and in lieu of payment of an award under ss. 766.301 . . .
. . . See § 766.301-.316, Fla. Stat. . . .
. . . . § 766.301-.316, Fla. Stat. (1997 and Supp. 1998). . . . .
. . . See § 766.301(1), Fla. Stat. (Supp.1988). . . . The current version of the statute provides that "[a]n award may not be made or paid under ss. 766.301 . . .
. . . under the Florida Birth-Related Neurological Injury Compensation Plan (NICA Plan) contained in sections 766.301 . . . Statutes (2001): The administrative law judge shall hear and determine all claims filed pursuant to ss. 766.301 . . . See § 766.301(1)(d), Fla. . . .
. . . applicability of the Florida Birth-Related Neurological Injury Compensation Plan (the Plan), see § 766.301 . . . Relying on the interpretation of section 766.301(l)(d), provided in O’Leary v. . . .
. . . See §§ 766.301-.316, Fla. Stat. (Supp.1988). . . . The version of the plan applicable here is found in sections 766.301 through 766.316, Florida Statutes . . . (1997), and in amendments to the 1997 provisions as set forth in sections 766.301 and 766.304, Florida . . . or property, provided that such suit is filed prior to and in lieu of payment of an award under ss. 766.301 . . . The 1997 version of section 766.301(l)(d), which set forth one of the many legislative reasons for NICA . . .
. . . . § 766.301, Fla. Stat. . . . SHARP, W., J., concurs. . 766.301 Legislative findings and intent.- (1) The Legislature makes the following . . . The statutory provisions that I refer to are found in sections 766.301 — .316, Florida Statutes (2002 . . . which provides: The administrative law judge shall hear and determine all claims filed pursuant to ss. 766.301 . . .
. . . for benefits under the Florida Birth-Related Neurological Injury Compensation Plan (“NICA”), sections 766.301 . . . See §§ 766.301-.316, Fla. Stat. (1998); see also David M. . . . claim recovery: The administrative law judge shall hear and determine all claims filed pursuant to ss. 766.301 . . . The amendments to section 766.301 and 766.304, Florida Statutes, shall take effect July 1, 1998, and . . .
. . . action pending the administrative determination of the claim under the NICA plan, codified in sections 766.301 . . . neurological] injuries that result in unusually high costs for custodial care and rehabilitation.” § 766.301 . . .
. . . The Plan is set forth in sections 766.301-.316, Florida Statutes (1999), and "provides a no fault and . . . their common law remedies must be evidenced "prior to and in lieu of payment of an award under ss. 766.301 . . .
. . . See §§ 766.301-816, Fla. Stat. (1997); Fla. Birth-Related Neurological Injury Comp. Ass’n v. . . . catastrophic injuries that result in unusually high costs for custodial care and rehabilitation.” § 766.301 . . .
. . . . §§ 766.301-316, Fla. Stat. (Supp. 1988). This entitled Dr. . . . the association and any income therefrom should be disbursed only for the payment of awards under ss. 766.301 . . .
. . . was compensable under the Florida Birth-Related Neurological Injury Compensation Act [NICA], sections 766.301 . . . Pursuant to sections 766.301(l)(d) and 766.304, Florida Statutes (Supp.1998), an administrative law judge . . . Florida nor this Court had decided this precise issue subsequent to the 1998 amendments of sections 766.301 . . . In 1998, sections 766.301(l)(d) and 766.304, Ch. 98.113, were amended. . . . Section 766.301 (l)(d) was amended to add the following language: "The issue of whether such claims are . . .
. . . .; § 766.301(l)(a), (c), Fla. Stat. (1999). See also David M. . . .
. . . Florida’s Birth-Related Neurological Injury Compensation Act (sections 766.301 — 766.316, Florida Statutes . . . , 766.304, and 766.316, as follows: An act relating to medical malpractice insurance; amending s. 766.301 . . . Paragraph (d) of subsection (1) of Section 766.301, Florida Statutes, is amended to read: 766.301 Legislative . . . An action may not be brought under ss. 766.301-766.316 if the claimant recovers or final judgment is . . . The amendments to sections 766.301 and 766.304, Florida Statutes, shall take effect July Í, 1998, and . . .
. . . The administrative law judge shall hear and determine all claims filed pursuant to ss. 766.301-766.316 . . . An action may not be brought under ss. 766.301-766.316 if the claimant recovers or final judgment is . . .
. . . Section 766.308, Florida Statutes (1995) provides: (1) Each claim filed with the division under ss. 766.301 . . .
. . . administrative remedy under Florida’s Birth-Related Neurological Injury Compensation Plan (NICA plan), sections 766.301 . . . McKaughan, 668 So.2d 974 (Fla.1996); § 766.301(1), Fla. Stat. (1993). . . . dissenting opinion, which I adopt in full, reads as follows: The very first provision of NICA, section 766.301 . . .
. . . TO OBTAIN COVERAGE UNDER THE FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY PLAN AS PROVIDED IN SECTIONS 766.301 . . . neurological injuries pursuant to the Florida Birth-Related Neurological Injury Compensation Plan, sections 766.301 . . . neurological] injuries that result in unusually high costs for custodial care and rehabilitation.” § 766.301 . . . intent to “provide compensation, on a no-fault basis, for a limited class of catastrophic injuries,” § 766.301 . . . See § 766.301(c). . . .
. . . compensation with the Florida Birth-Related Neurological Injury Compensation Association pursuant to section 766.301 . . .
. . . compensable under Florida’s Birth-Related Neurological Injury Compensation Plan [NICA], see sections 766.301 . . .
. . . INJURY’ WITHIN THE MEANING OF THE FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION PLAN, SECTIONS 766.301 . . .
. . . INJURY” WITHIN THE MEANING OF THE FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION PLAN, SECTIONS 766.301 . . . Birth-Related Neurological Injury Compensation Plan (hereinafter the NICA plan or the plan), sections 766.301 . . . Id. § 766.301(2). . . . a birth-related neurological injury shall be tolled by the filing of a claim in accordance with ss. 766.301 . . . See § 766.301(2). . . .
. . . denying recovery on the merits, that the injury to the child did not occur during birth as required under 766.301 . . .
. . . The very first provision of NICA, section 766.301, Florida Statute (1993) provides: (1) The Legislature . . .
. . . That policy is clearly stated by the legislature as follows: 766.301 Legislative findings and intent. . . . TO OBTAIN COVERAGE UNDER THE FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY PLAN AS PROVIDED IN SECTIONS 766.301 . . . Association (NICA) urges in its motion for rehearing that we overlooked the legislative admonition in section 766.301 . . . interpretation is most consistent with the legislative finding and intent so clearly enunciated in section 766.301 . . .
. . . action was precluded by Florida’s Birth-Related Neurological Injury Compensation Act (NICA), sections 766.301 . . .
. . . statutory notice provision of Florida’s Birth-Related Neurological Injury Compensation Act (NICA), sections 766.301 . . .
. . . On March 24,1994, three petitions for ‘Benefits Pursuant to Florida Statute 766.301, et seq.’ were filed . . . P.A., for the benefit of SHAVON SCALESE, petitions for benefits pursuant to Florida Statutes, Section 766.301 . . . LANDAU, M.D.) pursuant to Florida Statutes, Section 766.301 et seq. “NAME OF INJURED INFANT: “2. . . . Section 766.301(2), Florida Statutes. . . . Sections 766.301(2) and 766.303(1), Florida Statutes. “11. . . .
. . . provided by the Florida Birth-Related Neurological Injury Compensation Association (NICA), sections 766.301 . . . catastrophic injuries which result in unusually high costs for custodial care and rehabilitation. § 766.301 . . . INJURY” WITHIN THE MEANING OF THE FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION PLAN, SECTIONS 766.301 . . .
. . . minor son under the Florida Birth-Related Neurological Injury Compensation Plan (the Plan), sections 766.301 . . . affecting obstetricians and to ensure the continued availability of essential obstetrical services. § 766.301 . . . a no-fault basis for an infant who suffers a narrowly-defined birth-related neurological injury. § 766.301 . . . INJURY” WITHIN THE MEANING OF THE FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION PLAN, SECTIONS 766.301 . . .
. . . Section 766.301, Florida Statutes (1993), for example, sets forth extensive findings justifying the public . . .
. . . action brought under the Florida Birth-Related Neurological Injury Compensation Act (the Act), sections 766.301 . . .
. . . petition for compensation under the Florida Birth-Related Neurological Injury Compensation Plan, sections 766.301 . . . to such injury: (c) Reasonable expenses incurred in connection with the filing of a claim under ss. 766.301 . . . the statute provides for attorney’s fees “incurred in connection with the filing of a claim under ss. 766.301 . . . See § 766.301, Fla.Stat. (1991). . . . The statute authorizes attorney’s fees “incurred in connection with the filing of a claim under ss. 766.301 . . .
. . . malpractice action alleging that the Florida Birth-Related Neurological Injury Compensation Plan, section 766.301 . . .
. . . (codified at §§ 766.301-.316 (Supp.1988)). . . . Sections 766.301-.316, Florida Statutes (1989), seek to ensure the availability of obstetrical services . . .
. . . See §§ 766.301 to 766.316, Fla.Stat. (1989). . . .
. . . Chapter 88-1, Section 60, now codified as Section 766.301, Florida Statutes (1989), sets forth findings . . . in support of the legislation as follows: 766.301 Legislative findings and intent (1) The Legislature . . .