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The 2025 Florida Statutes
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F.S. 766.31766.31 Administrative law judge awards for birth-related neurological injuries; notice of award.—(1) Upon determining that an infant has sustained a birth-related neurological injury and that obstetrical services were delivered by a participating physician at the birth, the administrative law judge shall make an award providing compensation for the following items relative to such injury:(a) Actual expenses for medically necessary and reasonable medical and hospital, habilitative and training, family residential or custodial care, professional residential, and custodial care and service, for medically necessary drugs, special equipment, and facilities, and for related travel. At a minimum, compensation must be provided for the following actual expenses:1. A total annual benefit of up to $10,000 for immediate family members who reside with the infant for psychotherapeutic services obtained from providers licensed under chapter 490 or chapter 491. 2. For the life of the child, providing parents or legal guardians with a reliable method of transportation for the care of the child or reimbursing the cost of upgrading an existing vehicle to accommodate the child’s needs when it becomes medically necessary for wheelchair transportation. The mode of transportation must take into account the special accommodations required for the specific child. The plan may not limit such transportation assistance based on the child’s age or weight. The plan must replace any vans purchased by the plan every 7 years or 150,000 miles, whichever comes first. 3. Housing assistance of up to $100,000 for the life of the child, including home construction and modification costs. (b) However, the following expenses are not subject to compensation:1. Expenses for items or services that the infant has received, or is entitled to receive, under the laws of any state or the Federal Government, except to the extent such exclusion may be prohibited by federal law. 2. Expenses for items or services that the infant has received, or is contractually entitled to receive, from any prepaid health plan, health maintenance organization, or other private insuring entity. 3. Expenses for which the infant has received reimbursement, or for which the infant is entitled to receive reimbursement, under the laws of any state or the Federal Government, except to the extent such exclusion may be prohibited by federal law. 4. Expenses for which the infant has received reimbursement, or for which the infant is contractually entitled to receive reimbursement, pursuant to the provisions of any health or sickness insurance policy or other private insurance program. (c) Expenses included under paragraph (a) are limited to reasonable charges prevailing in the same community for similar treatment of injured persons when such treatment is paid for by the injured person. The parents or legal guardians receiving benefits under the plan may file a petition with the Division of Administrative Hearings to dispute the amount of actual expenses reimbursed or a denial of reimbursement. (d)1.a. Periodic payments of an award to the parents or legal guardians of the infant found to have sustained a birth-related neurological injury, which award may not exceed $100,000. However, at the discretion of the administrative law judge, such award may be made in a lump sum. Beginning on January 1, 2021, the award may not exceed $250,000, and each January 1 thereafter, the maximum award authorized under this paragraph shall increase by 3 percent. b. Parents or legal guardians who received an award pursuant to this section before January 1, 2021, must receive a retroactive payment in an amount sufficient to bring the total award paid to the parents or legal guardians pursuant to sub-subparagraph a. to $250,000. This additional payment may be made in a lump sum or in periodic payments as designated by the parents or legal guardians and must be paid by July 1, 2021. 2.a. Death benefit for the infant in an amount of $50,000. b. Parents or legal guardians who received an award pursuant to this section, and whose child died since the inception of the program, must receive a retroactive payment in an amount sufficient to bring the total award paid to the parents or legal guardians pursuant to sub-subparagraph a. to $50,000. This additional payment may be made in a lump sum or in periodic payments as designated by the parents or legal guardians and must be paid by July 1, 2021. (e) Reasonable expenses incurred in connection with the filing of a claim under ss. 766.301-766.316, including reasonable attorney’s fees, which shall be subject to the approval and award of the administrative law judge. In determining an award for attorney’s fees, the administrative law judge shall consider the following factors:1. The time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal services properly. 2. The fee customarily charged in the locality for similar legal services. 3. The time limitations imposed by the claimant or the circumstances. 4. The nature and length of the professional relationship with the claimant. 5. The experience, reputation, and ability of the lawyer or lawyers performing services. 6. The contingency or certainty of a fee. Should there be a final determination of compensability, and the claimants accept an award under this section, the claimants are not liable for any expenses, including attorney fees, incurred in connection with the filing of a claim under ss. 766.301-766.316 other than those expenses awarded under this section. (2) The award shall require the immediate payment of expenses previously incurred and shall require that future expenses be paid as incurred. (3) A copy of the award shall be sent immediately by registered or certified mail to each person served with a copy of the petition under s. 766.305(2). History.—s. 69, ch. 88-1; s. 5, ch. 89-186; s. 22, ch. 91-46; s. 4, ch. 94-106; s. 313, ch. 96-410; s. 150, ch. 2001-277; s. 6, ch. 2002-401; s. 78, ch. 2003-416; s. 3, ch. 2021-134; s. 23, ch. 2022-71.
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Annotations, Discussions, Cases:
Cases Citing Statute 766.31
Total Results: 37
679 F.3d 1286, 82 Fed. R. Serv. 3d 503, 2012 WL 1581334, 2012 U.S. App. LEXIS 9334
Court of Appeals for the Eleventh Circuit | Filed: May 8, 2012 | Docket: 1858843
Cited 59 times | Published
reasonable attorney's fees and related expenses. Id. § 766.31. If the administrative law judge determines that
668 So. 2d 974
Supreme Court of Florida | Filed: Feb 29, 1996 | Docket: 2526353
Cited 16 times | Published
financial benefits without regard to fault. Id. § 766.31.
CLAIMANTS FOR NICA BENEFITS
Section 766.302(3)
652 So. 2d 852
District Court of Appeal of Florida | Filed: Mar 3, 1995 | Docket: 476328
Cited 14 times | Published
limited, financial benefits without regard to fault. § 766.31.
PROCEDURAL BACKGROUND
The McKaughans sued the
863 So. 2d 450, 2004 WL 57230
District Court of Appeal of Florida | Filed: Jan 14, 2004 | Docket: 2545452
Cited 12 times | Published
delivered by a participating physician at birth." § 766.31(1). A detailed definition of "[b]irth-related
880 So. 2d 675
Supreme Court of Florida | Filed: Jul 15, 2004 | Docket: 1689296
Cited 10 times | Published
to $100,000. See § 766.303, Fla. Stat. (2003); § 766.31(1)(b)1., Fla. Stat. (2003).
788 So. 2d 1010, 2001 WL 220009
District Court of Appeal of Florida | Filed: Mar 7, 2001 | Docket: 1685169
Cited 10 times | Published
§ 766.309(1)(b), Fla. Stat. (1999). See also § 766.31, Fla. Stat. (1999).[2]
In this case, Morton Plant
898 So. 2d 69, 2005 WL 549933
Supreme Court of Florida | Filed: Mar 10, 2005 | Docket: 1732234
Cited 8 times | Published
benefits for birth-related neurological injuries, section 766.31(1)(a), Florida Statutes (2002), and a workers'
31 So. 3d 310
District Court of Appeal of Florida | Filed: Apr 7, 2010 | Docket: 1150723
Cited 5 times | Published
if the claimant accepts an award issued under § 766.31, no civil action may be brought or continued in
871 So. 2d 1062
District Court of Appeal of Florida | Filed: May 12, 2004 | Docket: 1300427
Cited 5 times | Published
All Children's Hosp., 863 So.2d at 456-57.
Section 766.31 specifically states that if the ALJ determines
842 So. 2d 148, 2003 WL 327530
District Court of Appeal of Florida | Filed: Feb 14, 2003 | Docket: 1730578
Cited 5 times | Published
purpose of the plan." It clearly does not. Section 766.31(1)(a), Florida Statutes (Supp.1988), recognizes
665 So. 2d 1082, 1995 WL 733325
District Court of Appeal of Florida | Filed: Dec 13, 1995 | Docket: 1705077
Cited 5 times | Published
treatment was "medically necessary and reasonable." § 766.31(1)(a), Fla. Stat. (1993).
At the hearing, Dr.
40 So. 3d 18, 2010 Fla. App. LEXIS 8763, 2010 WL 2425998
District Court of Appeal of Florida | Filed: Jun 18, 2010 | Docket: 1667052
Cited 4 times | Published
jointly, in parental compensation, pursuant to section 766.31(1)(b)1., Florida Statutes (2007). That section
848 So. 2d 373, 2003 Fla. App. LEXIS 7498, 2003 WL 21180173
District Court of Appeal of Florida | Filed: May 21, 2003 | Docket: 1309351
Cited 4 times | Published
benefits for birthrelated neurological injuries, section 766.31(1)(a), Florida Statutes.[1]
We therefore conclude
164 So. 3d 758, 2015 Fla. App. LEXIS 7980, 2015 WL 3390092
District Court of Appeal of Florida | Filed: May 27, 2015 | Docket: 2659833
Cited 3 times | Published
and future medical care costs.
See
§ 766.31, Fla. Stat. (1998). The ALJ also specifically
31 So. 3d 310, 2010 Fla. App. LEXIS 4502, 2010 WL 1329656
District Court of Appeal of Florida | Filed: Apr 7, 2010 | Docket: 60289574
Cited 3 times | Published
if the claimant accepts an award issued under § 766.31, no civil action may be brought or continued in
248 B.R. 845, 1999 Bankr. LEXIS 1824, 1999 WL 1813977
United States Bankruptcy Court, M.D. Florida | Filed: Mar 3, 1999 | Docket: 1727134
Cited 3 times | Published
is presumed to be marital property. Wis. Stat. § 766.31. It is the intent of the Wisconsin legislature
633 So. 2d 1103, 1994 WL 45168
District Court of Appeal of Florida | Filed: Feb 15, 1994 | Docket: 1296241
Cited 3 times | Published
periodic payments to the parents or guardians. Id. § 766.31(1)(a), (b). The funds for these financial benefits
66 So. 3d 1095, 2011 Fla. App. LEXIS 13083, 2011 WL 3629352
District Court of Appeal of Florida | Filed: Aug 19, 2011 | Docket: 1912956
Cited 2 times | Published
[the Plan] will provide pursuant to Fla. Stat. § 766.31 [(2004)] (`a bird in the hand') versus pursuing
844 So. 2d 751
District Court of Appeal of Florida | Filed: May 9, 2003 | Docket: 1662295
Cited 2 times | Published
the element of compensation provided for in section 766.31(1)(a), and "reasonable expenses" that are incurred
19 So. 3d 386, 2009 Fla. App. LEXIS 8630, 2009 WL 1815395
District Court of Appeal of Florida | Filed: Jun 24, 2009 | Docket: 60254607
Cited 1 times | Published
Parents’ motions for fees and costs pursuant to section 766.31(l)(c). That section provides for the recovery
908 So. 2d 1126, 2005 Fla. App. LEXIS 12192, 2005 WL 1832017
District Court of Appeal of Florida | Filed: Aug 4, 2005 | Docket: 64840015
Cited 1 times | Published
compensation, if any, is awardable,” pursuant to section 766.31. The ALJ also has jurisdiction to make factual
668 So. 2d 974, 21 Fla. L. Weekly Supp. 91, 1996 Fla. LEXIS 277
Supreme Court of Florida | Filed: Feb 29, 1996 | Docket: 64762717
Cited 1 times | Published
financial benefits without regard to fault. Id. § 766.31.
CLAIMANTS FOR NICA BENEFITS
Section 766.302(3)
District Court of Appeal of Florida | Filed: Aug 7, 2025 | Docket: 69455307
Published
past and
future expenses out of the Plan’s funds. § 766.31(1), Fla. Stat.; see
also id. (2) (“The award shall
District Court of Appeal of Florida | Filed: Dec 11, 2024 | Docket: 69455307
Published
past and
future expenses out of the Plan’s funds. § 766.31(1), Fla. Stat.; see
also id. (2) (“The award shall
District Court of Appeal of Florida | Filed: Dec 11, 2024 | Docket: 69455307
Published
past and
future expenses out of the Plan’s funds. § 766.31(1), Fla. Stat.; see
also id. (2) (“The award shall
District Court of Appeal of Florida | Filed: Nov 20, 2024 | Docket: 69393186
Published
V—makes the
determination regarding entitlement. See § 766.31(1), Fla. Stat.
(“Upon determining that an infant
206 So. 3d 845, 2016 Fla. App. LEXIS 19341
District Court of Appeal of Florida | Filed: Dec 30, 2016 | Docket: 63631174
Published
interpretation of the NICA-related attorneys’ fee statute, § 766.31, Fla. Stat., where the parties agreed that this
204 So. 3d 598, 2016 Fla. App. LEXIS 17937
District Court of Appeal of Florida | Filed: Dec 5, 2016 | Docket: 4548149
Published
constitutionality [on equal protection grounds] of section 766.31(l)(b)l[, which grants a single award of 100k
District Court of Appeal of Florida | Filed: Feb 11, 2015 | Docket: 2633385
Published
attorney’s fees and future medical care costs. See § 766.31, Fla. Stat.
(1998). The ALJ also specifically
114 So. 3d 912, 38 Fla. L. Weekly Supp. 317, 2013 WL 2096260, 2013 Fla. LEXIS 1001
Supreme Court of Florida | Filed: May 16, 2013 | Docket: 60232016
Published
Fifth District upheld the constitutionality of section 766.31(l)(b)l, Florida Statutes (2010), which provides
87 So. 3d 803, 2012 WL 1448963, 2012 Fla. App. LEXIS 6544
District Court of Appeal of Florida | Filed: Apr 27, 2012 | Docket: 60308049
Published
requesting payment of expenses as set forth in section 766.31(a), Expósito never alleged that baby Stephanie
53 So. 3d 385, 2011 Fla. App. LEXIS 1081, 2011 WL 335401
District Court of Appeal of Florida | Filed: Feb 4, 2011 | Docket: 98828
Published
placed on amounts recoverable by claimants (see section 766.31). In essence, NICA was intended to establish
19 So. 3d 386
District Court of Appeal of Florida | Filed: Jun 24, 2009 | Docket: 1651462
Published
Parents' motions for fees and costs pursuant to section 766.31(1)(c). That section provides for the recovery
871 So. 2d 1062, 2004 Fla. App. LEXIS 6620, 2004 WL 1057684
District Court of Appeal of Florida | Filed: May 12, 2004 | Docket: 64830144
Published
All Children’s Hosp., 863 So.2d at 456-57.
Section 766.31 specifically states that if the ALJ determines
844 So. 2d 751, 2003 Fla. App. LEXIS 6751, 2003 WL 21035332
District Court of Appeal of Florida | Filed: May 9, 2003 | Docket: 64822743
Published
the element of compensation provided for in section 766.31(l)(a), and “reasonable expenses” that are incurred
724 So. 2d 688, 1999 Fla. App. LEXIS 472, 1999 WL 22730
District Court of Appeal of Florida | Filed: Jan 22, 1999 | Docket: 64785591
Published
purpose of the plan.” It clearly does not. Section 766.31(l)(a), Florida Statutes (Supp.1988), recognizes
695 So. 2d 1271, 1997 Fla. App. LEXIS 6935, 1997 WL 336591
District Court of Appeal of Florida | Filed: Jun 20, 1997 | Docket: 64774545
Published
receive an award of compensation pursuant to section 766.31, Florida Statutes (1995), because the obstetrical
