Florida Statutes
Fla. Stat. § 766.302 (2025)
Definitions; ss. 766.301-766.316.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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766.302 Definitions; ss. 766.301-766.316.—As used in ss. 766.301-766.316, the term:
(1) “Association” means the Florida Birth-Related Neurological Injury Compensation Association established in s. 766.315 to administer the Florida Birth-Related Neurological Injury Compensation Plan and the plan of operation established in s. 766.314.
(2) “Birth-related neurological injury” means injury to the brain or spinal cord of a live infant weighing at least 2,500 grams for a single gestation or, in the case of a multiple gestation, a live infant weighing at least 2,000 grams at birth caused by oxygen deprivation or mechanical injury occurring in the course of labor, delivery, or resuscitation in the immediate postdelivery period in a hospital, which renders the infant permanently and substantially mentally and physically impaired. This definition shall apply to live births only and shall not include disability or death caused by genetic or congenital abnormality.
(3) “Claimant” means any person who files a claim pursuant to s. 766.305 for compensation for a birth-related neurological injury to an infant. Such a claim may be filed by any legal representative on behalf of an injured infant; and, in the case of a deceased infant, the claim may be filed by an administrator, personal representative, or other legal representative thereof.
(4) “Administrative law judge” means an administrative law judge appointed by the division.
(5) “Division” means the Division of Administrative Hearings of the Department of Management Services.
(6) “Hospital” means any hospital licensed in Florida.
(7) “Participating physician” means a physician licensed in Florida to practice medicine who practices obstetrics or performs obstetrical services either full time or part time and who had paid or was exempted from payment at the time of the injury the assessment required for participation in the birth-related neurological injury compensation plan for the year in which the injury occurred. Such term shall not apply to any physician who practices medicine as an officer, employee, or agent of the Federal Government.
(8) “Plan” means the Florida Birth-Related Neurological Injury Compensation Plan established under s. 766.303.
(9) “Family member” means a father, mother, or legal guardian.
(10) “Family residential or custodial care” means care normally rendered by trained professional attendants which is beyond the scope of child care duties, but which is provided by family members. Family members who provide nonprofessional residential or custodial care may not be compensated under this act for care that falls within the scope of child care duties and other services normally and gratuitously provided by family members. Family residential or custodial care shall be performed only at the direction and control of a physician when such care is medically necessary. Reasonable charges for expenses for family residential or custodial care provided by a family member shall be determined as follows:
(a) If the family member is not employed, the per-hour value equals the federal minimum hourly wage.
(b) If the family member is employed and elects to leave that employment to provide such care, the per-hour value of that care shall equal the rates established by Medicaid for private duty services provided by a home health aide. A family member or a combination of family members providing care in accordance with this definition may not be compensated for more than a total of 10 hours per day. Family care is in lieu of professional residential or custodial care, and no professional residential or custodial care may be awarded for the period of time during the day that family care is being provided.
History.—s. 61, ch. 88-1; s. 36, ch. 88-277; s. 16, ch. 91-46; s. 2, ch. 93-251; s. 307, ch. 96-410; s. 149, ch. 2001-277; s. 5, ch. 2002-401; s. 59, ch. 2024-140; s. 25, ch. 2024-182.
Notes of Decisions
Cited in 54
cases (7 in the last 5 years), 1992–2025 · 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). “Under section 766.302, a "claimant" is defined as "any person who files a claim .”
Nica v. Div. of Admin. Hearings, 686 So. 2d 1349 (Fla. 1997). “ting as unduly narrow NICA's assertion that "mental impairment" should be equated with "cognitive functioning as measured by intelligence tests" for purposes of compensation under the NICA Plan, the hearing officer concluded that Eric "is permanently and substantially mentally…”
Florida Birth-Related Neurological Injury Comp. Ass'n v. Dep't of Admin. Hearings, 29 So. 3d 992 (Fla. 2010). “A “participating physician” is defined as a physician licensed in Florida to practice medicine who practices obstetrics or performs obstetrical services either full time or part time and who had paid or was exempted from payment at the time of the injury the assessment required…”
Nagy v. Fla. Birth-related Neurolog. Injury Comp. Ass'n, 813 So. 2d 155 (Fla. 4th DCA 2002). “Section 766.302(2), Florida Statutes (1997), provides: "Birth-related neurological injury" means injury to the brain or spinal cord of a live infant weighing at least 2,500 grams at birth caused by oxygen deprivation or mechanical injury occurring in the course of labor,…”
St. Vincent's Med. Ctr., Inc. v. Bennett, 27 So. 3d 65 (Fla. 1st DCA 2009). “Vincent's Medical Center] state Tristan did not have permanent and substantial neurological impairment as defined in section 766.302, Florida Statutes, until suffering from severe hyponatremia, pulmonary arrest, hours of resuscitation, and profound metabolic acidosis on October…”
Orhs v. Florida Birth-Related Neurological, 997 So. 2d 426 (Fla. 5th DCA 2008). “§ 766.302(2), Fla. Stat. (2004). If the infant's injury satisfies this statutory definition, the infant qualifies for financial benefits.”
Florida Birth-Related Neurological Injury Comp. Ass'n v. Florida Div. of Admin. Hearings, 948 So. 2d 705 (Fla. 2007). “See § 766.302(1), Fla. Stat. (1997); §§ 766.305, .”
Samples v. Florida Birth-Related Neurological, 40 So. 3d 18 (Fla. 5th DCA 2010). “Facts In August 2007, MacKenzie Samples was born with birth-related neurological injuries, as defined in section 766.302(2), Florida Statutes (2007).”
White v. Florida Birth Related Neurological, 655 So. 2d 1292 (Fla. 5th DCA 1995). “Section 766.302, Fla.Stat. (1993), provides that ‘a claim may be filed by any legal representative on behalf of an injured infant; .”
Adventist Hlth. v. Fl. Birth-Related Injury, 865 So. 2d 561 (Fla. 5th DCA 2004). “[1] Section 766.302, Florida Statutes, refers to the Plan as established under section 766.”
Humana of Florida, Inc. v. McKaughan, 652 So. 2d 852 (Fla. 2d DCA 1995). “§ 766.302(2). If the hearing officer finds that the statutory criteria are satisfied, then the infant, as well as the infant's parents or legal guardians, are entitled to the award of specifically defined, but limited, financial benefits without regard to fault.”
Dianderas v. Fl. Birth Related Neurological, 973 So. 2d 523 (Fla. 5th DCA 2007). “2d 1349 (holding that word "and" in phrase "substantially mentally and physically impaired" under section 766.302(2), Florida Statutes, must be construed to require both mental and physical impairment, not mental "or" physical impairment).”
— 766.302(1) — 5 cases
Florida Birth-Related Neurological Injury Comp. Ass'n v. Florida Div. of Admin. Hearings, 948 So. 2d 705 (Fla. 2007). “See § 766.302(1), Fla. Stat. (1997); §§ 766.305, .”
Birth-related N. Injury Comp. v. Carreras, 633 So. 2d 1103 (Fla. 3d DCA 1994).
Univ. of Miami v. Exposito ex rel. Gonzales, 87 So. 3d 803 (Fla. 3d DCA 2012).
Birth-related Inj. Comp. v. Div. Of Admin., 948 So. 2d 705 (Fla. 2007).
Florida Birth-Related Neurological Injury Comp. Ass'n v. Michael, 98 So. 3d 64 (Fla. 2d DCA 2010).
— 766.302(2) — 42 cases
Bennett v. St. Vincent's Med. Ctr., Inc., 71 So. 3d 828 (Fla. 2011). “Under section 766.302, a "claimant" is defined as "any person who files a claim .”
Nica v. Div. of Admin. Hearings, 686 So. 2d 1349 (Fla. 1997). “ting as unduly narrow NICA's assertion that "mental impairment" should be equated with "cognitive functioning as measured by intelligence tests" for purposes of compensation under the NICA Plan, the hearing officer concluded that Eric "is permanently and substantially mentally…”
Nagy v. Fla. Birth-related Neurolog. Injury Comp. Ass'n, 813 So. 2d 155 (Fla. 4th DCA 2002). “Section 766.302(2), Florida Statutes (1997), provides: "Birth-related neurological injury" means injury to the brain or spinal cord of a live infant weighing at least 2,500 grams at birth caused by oxygen deprivation or mechanical injury occurring in the course of labor,…”
Orhs v. Florida Birth-Related Neurological, 997 So. 2d 426 (Fla. 5th DCA 2008). “§ 766.302(2), Fla. Stat. (2004). If the infant's injury satisfies this statutory definition, the infant qualifies for financial benefits.”
St. Vincent's Med. Ctr., Inc. v. Bennett, 27 So. 3d 65 (Fla. 1st DCA 2009). “Vincent's Medical Center] state Tristan did not have permanent and substantial neurological impairment as defined in section 766.302, Florida Statutes, until suffering from severe hyponatremia, pulmonary arrest, hours of resuscitation, and profound metabolic acidosis on October…”
— 766.302(3) — 16 cases
Bennett v. St. Vincent's Med. Ctr., Inc., 71 So. 3d 828 (Fla. 2011). “Under section 766.302, a "claimant" is defined as "any person who files a claim .”
White v. Florida Birth Related Neurological, 655 So. 2d 1292 (Fla. 5th DCA 1995). “Section 766.302, Fla.Stat. (1993), provides that ‘a claim may be filed by any legal representative on behalf of an injured infant; .”
St. Vincent's Med. Ctr., Inc. v. Bennett, 27 So. 3d 65 (Fla. 1st DCA 2009). “Vincent's Medical Center] state Tristan did not have permanent and substantial neurological impairment as defined in section 766.302, Florida Statutes, until suffering from severe hyponatremia, pulmonary arrest, hours of resuscitation, and profound metabolic acidosis on October…”
Nica v. Div. of Admin. Hearings, 686 So. 2d 1349 (Fla. 1997). “ting as unduly narrow NICA's assertion that "mental impairment" should be equated with "cognitive functioning as measured by intelligence tests" for purposes of compensation under the NICA Plan, the hearing officer concluded that Eric "is permanently and substantially mentally…”
Univ. of Miami v. Exposito ex rel. Gonzales, 87 So. 3d 803 (Fla. 3d DCA 2012).
— 766.302(4) — 2 cases
Humana of Florida, Inc. v. McKaughan, 652 So. 2d 852 (Fla. 2d DCA 1995). “§ 766.302(2). If the hearing officer finds that the statutory criteria are satisfied, then the infant, as well as the infant's parents or legal guardians, are entitled to the award of specifically defined, but limited, financial benefits without regard to fault.”
Shands Jacksonville Med. Ctr., Inc., & Univ. of Florida Bd. of Trs. (Fla. 1st DCA 2025).
— 766.302(6) — 3 cases
Florida Birth-Related Neurological Injury Comp. Ass'n v. Dep't of Admin. Hearings, 29 So. 3d 992 (Fla. 2010). “A “participating physician” is defined as a physician licensed in Florida to practice medicine who practices obstetrics or performs obstetrical services either full time or part time and who had paid or was exempted from payment at the time of the injury the assessment required…”
Florida Birth-Related Neurological Injury Comp. Ass'n v. Florida Div. of Admin. Hearings, 948 So. 2d 705 (Fla. 2007). “See § 766.302(1), Fla. Stat. (1997); §§ 766.305, .”
Birth-related Inj. Comp. v. Div. Of Admin., 948 So. 2d 705 (Fla. 2007).
— 766.302(7) — 15 cases
Florida Birth-Related Neurological Injury Comp. Ass'n v. Dep't of Admin. Hearings, 29 So. 3d 992 (Fla. 2010). “A “participating physician” is defined as a physician licensed in Florida to practice medicine who practices obstetrics or performs obstetrical services either full time or part time and who had paid or was exempted from payment at the time of the injury the assessment required…”
Galen of Florida, Inc. v. Braniff, 696 So. 2d 308 (Fla. 1997).
All Child.'s Hosp., Inc. v. Dept. of Admin. Hearings, 863 So. 2d 450 (Fla. 2d DCA 2004).
Pediatrix Med. Grp. of Florida, Inc. v. Falconer, 31 So. 3d 310 (Fla. 4th DCA 2010).
Tarpon Springs Hosp. Found., Inc. v. Anderson, 34 So. 3d 742 (Fla. 2d DCA 2010).
— 766.302(8) — 3 cases
Florida Birth-Related Neurological Injury Comp. Ass'n v. Dep't of Admin. Hearings, 29 So. 3d 992 (Fla. 2010). “A “participating physician” is defined as a physician licensed in Florida to practice medicine who practices obstetrics or performs obstetrical services either full time or part time and who had paid or was exempted from payment at the time of the injury the assessment required…”
Florida Birth-Related Neurological Injury Comp. Ass'n v. Florida Div. of Admin. Hearings, 948 So. 2d 705 (Fla. 2007). “See § 766.302(1), Fla. Stat. (1997); §§ 766.305, .”
Birth-related Inj. Comp. v. Div. Of Admin., 948 So. 2d 705 (Fla. 2007).
— 766.302(9) — 1 case
Samples v. Florida Birth-Related Neurological, 40 So. 3d 18 (Fla. 5th DCA 2010). “Facts In August 2007, MacKenzie Samples was born with birth-related neurological injuries, as defined in section 766.302(2), Florida Statutes (2007).”
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