Florida Statutes
Fla. Stat. § 766.306 (2025)
Tolling of statute of limitations.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 8
cases, 1995–2007 · leading case: Ross v. Jim Adams Ford, Inc., 871 So. 2d 312 (Fla. 5th DCA 2004).
Ross v. Jim Adams Ford, Inc., 871 So. 2d 312 (Fla. 5th DCA 2004). “Compare § 766.306, Fla. Stat. (2003) (expressly providing that statute of limitations for filing civil action by infants suffering from birth-related neurological injuries is tolled during administrative process for such claims).”
Humana of Florida, Inc. v. McKaughan, 652 So. 2d 852 (Fla. 2d DCA 1995). “§ 766.306. The intent of the Plan's tolling statute, at first glance, appears to be clear and unambiguous: to ensure a claimant has sufficient time to invoke the remedy of a traditional medical malpractice civil action should a hearing officer or appellate court decide that a…”
Florida Birth-Related Neurological Injury Comp. Ass'n v. McKaughan, 668 So. 2d 974 (Fla. 1996). “§ 766.306. 1 Conversely, the workers’ compensation scheme does just the opposite, tolling the time for filing a workers’ compensation claim while the injured individual pursues a civil remedy.”
Univ. of Miami v. ZEPEDA BY ZEPEDA, 674 So. 2d 765 (Fla. 3d DCA 1996). “§ 766.306, Fla.Stat. (1991). [2] We hasten to point out that because it has been determined in this administrative proceeding that the minor child is not "permanently and substantially mentally and physically impaired," this issue may not be relitigated in the pending medical…”
Florida Birth-Related Neurological Injury Comp. Ass'n v. Florida Div. of Admin. Hearings, 948 So. 2d 705 (Fla. 2007). “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.”
De Souza v. Ortiz, 901 So. 2d 269 (Fla. 4th DCA 2005). “See § 766.306, Fla. Stat. Therefore, the decision of the administrative law judge is not final and enforceable until the appeal is complete.”
Fla., Birth-related Nica v. Mckaughan, 668 So. 2d 974 (Fla. 1996). “§ 766.306. [1] Conversely, the workers' compensation scheme does just the opposite, tolling the time for filing a workers' compensation claim while the injured individual pursues a civil remedy.”
Birth-related Inj. Comp. v. Div. Of Admin., 948 So. 2d 705 (Fla. 2007). “Such a claim may be filed by any legal representative on behalf of an injured infant.”
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