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Florida Statute 766.306 - Full Text and Legal Analysis Florida Statute 766.306 | Lawyer Caselaw & Research
Fla. Stat. § 766.306 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
766.306 Tolling of statute of limitations.—The statute of limitations with respect to any civil action that may be brought by, or on behalf of, an injured infant allegedly arising out of, or related to, a birth-related neurological injury shall be tolled by the filing of a claim in accordance with ss. 766.301-766.316, and the time such claim is pending or is on appeal shall not be computed as part of the period within which such civil action may be brought.
History.—s. 65, ch. 88-1.

Cases Citing F.S. 766.306

Fla. Stat. § 766.306 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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·Fla., Birth-related Nica v. Mckaughan, 668 So. 2d 974 (Fla. 1996).

Cited 16 times | Published | Supreme Court of Florida

...are provider asserts the exclusivity of the NICA plan as an affirmative defense. The NICA plan expressly tolls the limitation period for filing a civil suit when a claim for benefits is filed and while such claim is pending before DOAH or on appeal. § 766.306....
...an as an affirmative defense. Therefore, we remand this case for further proceedings consistent with this opinion. It is so ordered. GRIMES, C.J., and OVERTON, SHAW, KOGAN, HARDING and WELLS, JJ., concur. NOTES [1] The NICA plan's tolling provision, section 766.306, states: The statute of limitations with respect to any civil action that may be brought by, or on behalf of, an injured infant allegedly arising out of, or related to, a birth-related neurological injury shall be tolled by the filing of a claim in accordance with ss....
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Cited as authorityShands Jacksonville Medical Center, Inc., and University of Florida Board of Trustees (2025)
Cited as authorityShands Jacksonville Medical Center, Inc., and University of Florida Board of Trustees (2024)
Cited as authorityShands Jacksonville Medical Center, Inc., and University of Florida Board of Trustees (2024)
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·Birth-related Inj. Comp. v. Div. Of Admin., 948 So. 2d 705 (Fla. 2007).

Cited 15 times | Published | Supreme Court of Florida

...Such a claim may be filed by any legal representative on behalf of an injured infant." § 766.302(3), Fla. Stat. (1997). [12] The statute of limitations for any civil action that might otherwise be brought for the injury is tolled by the filing of a NICA claim. See section 766.306, Fla....
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Quote AuthorityShands Jacksonville Medical Center, Inc., and University of Florida Board of Trustees (2025)
Quote AuthorityShands Jacksonville Medical Center, Inc., and University of Florida Board of Trustees (2024)
Quote AuthorityShands Jacksonville Medical Center, Inc., and University of Florida Board of Trustees (2024)
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·Humana of Florida, Inc. v. McKaughan, 652 So. 2d 852 (Fla. 2d DCA 1995).

Cited 14 times | Published | Florida 2nd District Court of Appeal

...§ 766.313. Once a claim is filed, however, the statute of limitations with respect to a civil action that may be brought "allegedly arising out of, or related to, a birth-related neurological injury" is tolled while the claim is pending or on appeal. § 766.306....
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CitedShands Jacksonville Medical Center, Inc., and University of Florida Board of Trustees (2025)
phrase: "see"
CitedShands Jacksonville Medical Center, Inc., and University of Florida Board of Trustees (2024)
phrase: "see"
CitedShands Jacksonville Medical Center, Inc., and University of Florida Board of Trustees (2024)
phrase: "see"
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·Ross v. Jim Adams Ford, Inc., 871 So. 2d 312 (Fla. 2d DCA 2004).

Cited 9 times | Published | Florida 2nd District Court of Appeal | 2004 WL 1057655

...See § 95.051(2), Fla. Stat. (1993) (stating, "No disability or other reason shall toll the running of any statute of limitations except those specified in this section, s. 95.091, the Florida Probate Code, or the Florida Guardianship Law"). Compare § 766.306, Fla....
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CitedEfstathion v. CBRE Capital Markets, Inc. (2025)
phrase: "see"
Cited as authorityWILFRED W. RAMOS, JR. v. STEAK N SHAKE, INC. (2023)
Cited as authorityNestor v. VPC3 II, LLP (2021)
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·Univ. of Miami v. ZEPEDA BY ZEPEDA, 674 So. 2d 765 (Fla. 3d DCA 1996).

Cited 3 times | Published | Florida 3rd District Court of Appeal | 1996 WL 180056

...denied, 462 So.2d 1106 (Fla.1985); Cohen v. School Bd. of Dade County, Fla., 450 So.2d 1238 (Fla. 3d DCA 1984). Affirmed. NOTES [1] As a result of this finding, appellees were not barred from proceeding with their medical malpractice action against appellants in the Dade Circuit Court. § 766.306, Fla.Stat....
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CitedRathkamp v. DEPARTMENT OF COMM. AFFAIRS (1999)
phrase: "see"
Cited (see also)A.O. v. Department of Health & Rehabilitative Services (1997)
phrase: "see also"
CitedMetropolitan Dade County v. Goldberg (1997)
phrase: "see"
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Florida Birth-Related Neurological Injury Comp. Ass'n v. Florida Div. of Admin. Hearings, 948 So. 2d 705 (Fla. 2007).

Cited 1 times | Published | Supreme Court of Florida | 2007 Fla. LEXIS 2

...Such a claim may be filed by any legal representative *711 on behalf of an injured infant.” § 766.302(3), Fla. Stat. (1997). . The statute of limitations for any civil action that might otherwise be brought for the injury is tolled by the filing of a NICA claim. See section 766.306, Fla....
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Florida Birth-Related Neurological Injury Comp. Ass'n v. McKaughan, 668 So. 2d 974 (Fla. 1996).

Cited 1 times | Published | Supreme Court of Florida | 21 Fla. L. Weekly Supp. 91, 1996 Fla. LEXIS 277

such claim is pending before DOAH or on appeal. § 766.306.1 Conversely, the workers’ compensation scheme
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·De Souza v. Ortiz, 901 So. 2d 269 (Fla. 4th DCA 2005).

Published | Florida 4th District Court of Appeal | 2005 Fla. App. LEXIS 6000, 2005 WL 957593

...action. The legislature provided for .the tolling of the statute of limitations for filing of civil actions arising from birth-related injuries, presumably for the purpose of allowing determinations of whether the claims were covered under NICA. See § 766.306, Fla....
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This Florida statute resource is curated by this site's author, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). Attorney Syfert regularly handles Chapter 766 matters in the context of medical malpractice litigation and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.