Florida Statutes
Fla. Stat. § 766.301 (2025)
Legislative findings and intent.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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766.301 Legislative findings and intent.—
(1) The Legislature makes the following findings:
(a) Physicians practicing obstetrics are high-risk medical specialists for whom malpractice insurance premiums are very costly, and recent increases in such premiums have been greater for such physicians than for other physicians.
(b) Any birth other than a normal birth frequently leads to a claim against the attending physician; consequently, such physicians are among the physicians most severely affected by current medical malpractice problems.
(c) Because obstetric services are essential, it is incumbent upon the Legislature to provide a plan designed to result in the stabilization and reduction of malpractice insurance premiums for providers of such services in Florida.
(d) The costs of birth-related neurological injury claims are particularly high and warrant the establishment of a limited system of compensation irrespective of fault. The issue of whether such claims are covered by this act must be determined exclusively in an administrative proceeding.
(2) It is the intent of the Legislature to provide compensation, on a no-fault basis, for a limited class of catastrophic injuries that result in unusually high costs for custodial care and rehabilitation. This plan shall apply only to birth-related neurological injuries.
Notes of Decisions
Cited in 73
cases (5 in the last 5 years), 1990–2025 · leading case: Bennett v. St. Vincent's Med. Ctr., Inc., 71 So. 3d 828 (Fla. 2011).
Bennett v. St. Vincent's Med. Ctr., Inc., 71 So. 3d 828 (Fla. 2011). “See §§ 766.301, 766.303, Fla. Stat. As the Legislature explained in its statement of findings and intent set forth in section 766.”
Samples v. Florida Birth-Related Neurological, 40 So. 3d 18 (Fla. 5th DCA 2010). “See § 766.301(2), Fla. Stat. (“It is the intent of the Legislature to provide compensation, on a no-fault basis, for a limited class of catastrophic injuries that result in unusually high costs for custodial care and rehabilitation.”
Florida Birth-Related Neurological Injury Comp. Ass'n v. Florida Div. of Admin. Hearings, 948 So. 2d 705 (Fla. 2007). “See § 766.301, Fla. Stat. (Supp.1998). In NICA, the Legislature established the NICA Plan, § 766.”
All Child.'s Hosp., Inc. v. Dept. of Admin. Hearings, 863 So. 2d 450 (Fla. 2d DCA 2004). “See §§ 766.301-.316, Fla. Stat. (Supp.1988). The version of the plan applicable here is found in sections 766.”
St. Vincent's Med. Ctr., Inc. v. Bennett, 27 So. 3d 65 (Fla. 1st DCA 2009). “See §§ 766.301-.316, Fla. Stat.; Fla. Birth-Related Neurological Injury Comp.”
Univeristy of Miami, Sch. of Med. v. Ruiz, 164 So. 3d 758 (Fla. 3d DCA 2015). “The University of Miami, doing business as The University of Miami School of Medicine (“UM”), petitions this Court for cer-tiorari relief from the trial court’s order denying its motion for summary judgment on the plaintiffs’ claims for medical malpractice based on UM’s…”
Nica v. Div. of Admin. Hearings, 686 So. 2d 1349 (Fla. 1997). “As the Birnies did here, the injured infant or his personal representative may seek compensation under the Plan by filing a claim for compensation with the Division of Administrative Hearings (DOAH) within five years of the infant's birth.”
Nagy v. Fla. Birth-related Neurolog. Injury Comp. Ass'n, 813 So. 2d 155 (Fla. 4th DCA 2002). “See §§ 766.301-316, Fla. Stat. (1997); Fla. Birth-Related Neurological Injury Comp.”
Galen of Florida, Inc. v. Braniff, 696 So. 2d 308 (Fla. 1997). “His dissenting opinion, which I adopt in full, reads as follows: The very first provision of NICA, section 766.301, Florida Statute (1993) provides: (1) The Legislature makes the following findings: (a) Physicians practicing obstetrics are high-risk medical specialists for whom…”
Florida Birth-Related Neurological Injury Comp. Ass'n v. Dep't of Admin. Hearings, 29 So. 3d 992 (Fla. 2010). “§ 766.301, Fla. Stat. (1997). The legislature found that obstetricians were among the most severely affected by the current malpractice problems and that the costs of birth-related neurological injury claims were extremely high.”
O'Leary v. Fla. Birth-Related Neurological Injury Comp. Ass'n, 757 So. 2d 624 (Fla. 5th DCA 2000). “Paragraph (d) of subsection (1) of Section 766.301, Florida Statutes, is amended to read: 766.”
Bayfront v. Birth-Related Neurological, 982 So. 2d 704 (Fla. 2d DCA 2008). “NOTES [1] §§ 766.301-.316, Fla. Stat. (1997). [2] See § 766.”
— 766.301(1) — 6 cases
Bennett v. St. Vincent's Med. Ctr., Inc., 71 So. 3d 828 (Fla. 2011). “See §§ 766.301, 766.303, Fla. Stat. As the Legislature explained in its statement of findings and intent set forth in section 766.”
Galen of Florida, Inc. v. Braniff, 696 So. 2d 308 (Fla. 1997). “His dissenting opinion, which I adopt in full, reads as follows: The very first provision of NICA, section 766.301, Florida Statute (1993) provides: (1) The Legislature makes the following findings: (a) Physicians practicing obstetrics are high-risk medical specialists for whom…”
Humana of Florida, Inc. v. McKaughan, 652 So. 2d 852 (Fla. 2d DCA 1995).
Florida Birth-Related Neurological Injury Comp. Ass'n v. McKaughan, 668 So. 2d 974 (Fla. 1996).
Fla., Birth-related Nica v. Mckaughan, 668 So. 2d 974 (Fla. 1996).
— 766.301(1)(a) — 2 cases
Fluet v. Florida Birth-related Neurological Injury Comp. Ass'n, 788 So. 2d 1010 (Fla. 2d DCA 2001).
Bayfront v. Birth-Related Neurological, 982 So. 2d 704 (Fla. 2d DCA 2008). “NOTES [1] §§ 766.301-.316, Fla. Stat. (1997). [2] See § 766.”
— 766.301(1)(c) — 2 cases
Nw. Med. Ctr., Inc. v. Ortiz, 920 So. 2d 781 (Fla. 4th DCA 2006).
Bayfront v. Birth-Related Neurological, 982 So. 2d 704 (Fla. 2d DCA 2008). “NOTES [1] §§ 766.301-.316, Fla. Stat. (1997). [2] See § 766.”
— 766.301(1)(d) — 11 cases
All Child.'s Hosp., Inc. v. Dept. of Admin. Hearings, 863 So. 2d 450 (Fla. 2d DCA 2004). “See §§ 766.301-.316, Fla. Stat. (Supp.1988). The version of the plan applicable here is found in sections 766.”
Bennett v. St. Vincent's Med. Ctr., Inc., 71 So. 3d 828 (Fla. 2011). “See §§ 766.301, 766.303, Fla. Stat. As the Legislature explained in its statement of findings and intent set forth in section 766.”
Tabb Ex Rel. Tabb v. Florida Nica, 880 So. 2d 1253 (Fla. 1st DCA 2004).
Univ. of Miami v. MA, 793 So. 2d 999 (Fla. 3d DCA 2001).
Weinstock v. Houvardas, 924 So. 2d 982 (Fla. 2d DCA 2006).
— 766.301(2) — 24 cases
Bennett v. St. Vincent's Med. Ctr., Inc., 71 So. 3d 828 (Fla. 2011). “See §§ 766.301, 766.303, Fla. Stat. As the Legislature explained in its statement of findings and intent set forth in section 766.”
Nica v. Div. of Admin. Hearings, 686 So. 2d 1349 (Fla. 1997). “As the Birnies did here, the injured infant or his personal representative may seek compensation under the Plan by filing a claim for compensation with the Division of Administrative Hearings (DOAH) within five years of the infant's birth.”
Nagy v. Fla. Birth-related Neurolog. Injury Comp. Ass'n, 813 So. 2d 155 (Fla. 4th DCA 2002). “See §§ 766.301-316, Fla. Stat. (1997); Fla. Birth-Related Neurological Injury Comp.”
Samples v. Florida Birth-Related Neurological, 40 So. 3d 18 (Fla. 5th DCA 2010). “See § 766.301(2), Fla. Stat. (“It is the intent of the Legislature to provide compensation, on a no-fault basis, for a limited class of catastrophic injuries that result in unusually high costs for custodial care and rehabilitation.”
Schur v. Florida Birth-Related Neurological, 832 So. 2d 188 (Fla. 1st DCA 2002).
— 766.301(c) — 1 case
Nica v. Div. of Admin. Hearings, 686 So. 2d 1349 (Fla. 1997). “As the Birnies did here, the injured infant or his personal representative may seek compensation under the Plan by filing a claim for compensation with the Division of Administrative Hearings (DOAH) within five years of the infant's birth.”
— 766.301(d) — 1 case
Samples v. Florida Birth-Related Neurological, 40 So. 3d 18 (Fla. 5th DCA 2010). “See § 766.301(2), Fla. Stat. (“It is the intent of the Legislature to provide compensation, on a no-fault basis, for a limited class of catastrophic injuries that result in unusually high costs for custodial care and rehabilitation.”
— 766.301(l)(a) — 1 case
Putnam Cmty. Med. Ctr. v. Florida Birth-Related NeuroLogical Injury Comp. Ass'n, 204 So. 3d 598 (Fla. 2d DCA 2016).
— 766.301(l)(b) — 1 case
Samples v. Florida Birth-Related Neurological, 40 So. 3d 18 (Fla. 5th DCA 2010). “See § 766.301(2), Fla. Stat. (“It is the intent of the Legislature to provide compensation, on a no-fault basis, for a limited class of catastrophic injuries that result in unusually high costs for custodial care and rehabilitation.”
— 766.301(l)(c) — 1 case
Samples v. Florida Birth-Related Neurological, 40 So. 3d 18 (Fla. 5th DCA 2010). “See § 766.301(2), Fla. Stat. (“It is the intent of the Legislature to provide compensation, on a no-fault basis, for a limited class of catastrophic injuries that result in unusually high costs for custodial care and rehabilitation.”
— 766.301(l)(d) — 3 cases
Bennett v. St. Vincent's Med. Ctr., Inc., 71 So. 3d 828 (Fla. 2011). “See §§ 766.301, 766.303, Fla. Stat. As the Legislature explained in its statement of findings and intent set forth in section 766.”
Florida Birth-Related Neurological Injury Comp. Ass'n v. Florida Div. of Admin. Hearings, 948 So. 2d 705 (Fla. 2007). “See § 766.301, Fla. Stat. (Supp.1998). In NICA, the Legislature established the NICA Plan, § 766.”
Orlando Reg'l Healthcare Sys., Inc. v. Gwyn, 53 So. 3d 385 (Fla. 4th DCA 2011).
— 766.301(l)(e) — 1 case
Orlando Reg'l Healthcare Sys., Inc. v. Gwyn, 53 So. 3d 385 (Fla. 4th DCA 2011).
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