Cases from cite.case.law:

LAMPERT T. L. v. FLORIDA BIRTH- RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION,, 206 So.3d 845 (Fla. Dist. Ct. App. 2016)

. . . determination could file a claim with the Florida Division of Administrative Hearings pursuant to § 766.301-766.316 . . . The process the parties adopted from § 766.301-766.316 to resolve petitions for custodial care benefits . . . expenses, including attorney’s fees, incurred in connection with the filing of a claim under ss. 766.301-766.316 . . .

HERNANDEZ, M. D. v. CRESPO,, 211 So. 3d 19 (Fla. 2016)

. . . related to Florida’s Birth Related Neurological Injury Compensation Plan (Florida Statutes 766.301-766.316 . . .

CHILDREN S MEDICAL CENTER, P. A. M. D. M. D. M. D. M. D. v. KIM a, 190 So. 3d 114 (Fla. Dist. Ct. App. 2015)

. . . See §§ 766.301-766.316, Fla. Stat. (2007). . . . See § 766.316, Fla. Stat. (2007). . . .

UNIVERSITY OF MIAMI d b a v. A. RUIZ, RUIZ, 164 So. 3d 758 (Fla. Dist. Ct. App. 2015)

. . . had provided the plaintiffs with notice that it participated in the NICA plan, as required by section 766.316 . . . NICA’s Notice Provision provides in full: 766.316. . . . an emergency medical condition as defined in s. 395.002(8)(b) or when notice is not practicable. § 766.316 . . . Further, due to the inclusion of the conjunctive word “and” in section 766.316, the Florida Supreme Court . . . The fact that UM has no obligation to provide notice of NICA participation, § 766.316, and therefore . . .

PALMS WEST HOSPITAL LIMITED PARTNERSHIP d b a v. D. W. R. W. L. W. a M. D., 162 So. 3d 101 (Fla. Dist. Ct. App. 2014)

. . . Administrative Hearings finding that the hospital failed to provide sufficient notice pursuant to section 766.316 . . . finding that the hospital failed to provide the mother with sufficient notice under NICA. §§ 766.301 to 766.316 . . .

N. R. K. T. O. a v. FLORIDA BIRTH- RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, M. D. M. D. M. D. M. D. J. P. A., 143 So. 3d 463 (Fla. Dist. Ct. App. 2014)

. . . Ojeda in his cross-appeal under section 766.316, Florida Statutes (2011). Dr. . . . Neurological, 977 So.2d 616 (Fla. 5th DCA 2008), wherein this court specifically held that under section 766.316 . . . raised by the claimant or other party, the factual determinations regarding the notice requirements in § 766.316 . . . the exclusive jurisdiction to make factual determinations as to whether the notice requirements in s. 766.316 . . .

UNIVERSITY OF MIAMI d b a M. D. M. D. M. D. M. M. D. d b a M. D. v. EXPOSITO, GONZALEZ, a, 87 So. 3d 803 (Fla. Dist. Ct. App. 2012)

. . . claims: The administrative law judge shall hear and determine all claims filed pursuant to ss. 766.301-766.316 . . . property, provided that such suit is filed prior to and in lieu of payment of an award under ss. 766.301-766.316 . . . provided in § 95.1 l(4)(b) that the limitations period "shall not apply to actions for which ss. 766.301-766.316 . . .

J. ANDERSON, a J. J. v. HELEN ELLIS MEMORIAL HOSPITAL FOUNDATION, INC. R. N. R. N., 66 So. 3d 1095 (Fla. Dist. Ct. App. 2011)

. . . whether notice of a health provider’s participation in NICA was properly given in accordance with section 766.316 . . . administrative law judge may bifurcate the proceeding addressing com-pensability and notice pursuant to s. 766.316 . . . provision of the Plan under section 766.303 because it failed to provide the requisite notice under section 766.316 . . . by the claimant or other party, the factual determinations regarding the notice requirements in s. 766.316 . . .

ALL CHILDREN S HOSPITAL, INC. v. DEPARTMENT OF ADMINISTRATIVE HEARINGS a H. f k a, 55 So. 3d 670 (Fla. Dist. Ct. App. 2011)

. . . The NICA notice requirement is set forth in section 766.316. . . .

ORLANDO REGIONAL HEALTHCARE SYSTEM, INC. v. GWYN, 53 So. 3d 385 (Fla. Dist. Ct. App. 2011)

. . . See § 766.316; see also Fla. Birth-Related Neurological Injury Comp. . . . property, provided that such suit is filed prior to and in lieu of payment of an award under ss. 766.301-766.316 . . . Pursuant to section 766.316, Florida Statutes, each hospital with a participating physician on its staff . . .

TARPON SPRINGS HOSPITAL FOUNDATION, INC. d b a A. R. N. P. C. N. M. v. ANDERSON J. a H. M. D. M. D. A. M. D. M. D., 34 So. 3d 742 (Fla. Dist. Ct. App. 2010)

. . . . § 766.316. . . . The Supreme Court of Florida has very recently interpreted the notice requirements of section 766.316 . . . The plain language of section 766.316 does not, in any way, suggest that when a participating physician . . . The notice requirement of section 766.316 is easily satisfied. . . . Construing section 766.316, the supreme court has stated: “[I]n order to preserve their immune status . . .

PEDIATRIX MEDICAL GROUP OF FLORIDA, INC. M. D. M. D. M. D. M. D. v. FALCONER, a, 31 So. 3d 310 (Fla. Dist. Ct. App. 2010)

. . . hospital with a participating physician on its staff, were required to provide notice under section 766.316 . . .

FLORIDA BIRTH- RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, v. DEPARTMENT OF ADMINISTRATIVE HEARINGS, v. v., 29 So. 3d 992 (Fla. 2010)

. . . PATIENT OF THE PLAN AND HIS OR HER PARTICIPATION IN THE PLAN SATISFY THE NOTICE REQUIREMENTS OF SECTION 766.316 . . . We hold that in order to satisfy the notice requirement of section 766.316, Florida Statutes (1997), . . . NICA are entitled to receive pre-delivery notice of their rights and limitations under the plan. § 766.316 . . . The plain language of section 766.316 does not, in any way, suggest that when a participating physician . . . Accordingly, we held that section 766.316 requires that health care providers give patients pre-delivery . . .

MACRI, v. CLEMENTS AND ASHMORE, P. A. d b a s O M. D. CNM,, 15 So. 3d 762 (Fla. Dist. Ct. App. 2009)

. . . This Plan, as established at sections 766.301 through 766.316, Florida Statutes, provides no-fault compensation . . . providers furnished the patient with notice of participation in the Plan in accordance with section 766.316 . . .

RODRIGUEZ, a a v. FLORIDA BIRTH- RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, a v., 19 So. 3d 386 (Fla. Dist. Ct. App. 2009)

. . . recovery of “[reasonable expenses incurred in connection with the filing of a claim under ss. 766.301-766.316 . . .

MACRI, v. CLEMENTS AND ASHMORE, P. A. d b a s O M. D. CNM,, 998 So. 2d 1194 (Fla. Dist. Ct. App. 2009)

. . . . §§ 766.301-766.316, Fla. Stat. (2007). . . .

WEEKS, v. FLORIDA BIRTH- RELATED NEUROLOGICAL,, 977 So. 2d 616 (Fla. Dist. Ct. App. 2008)

. . . Injury Compensation Plan (NICA),, are excused from compliance with the notice requirements of section 766.316 . . . Because section 766.316 expressly adopts the definition of “emergency medical condition” set forth in . . . We believe that the holding in Alexander vitiates the pertinent provisions of section 766.316 because . . . This cannot be what the Legislature meant when it enacted section 766.316. . . . The test to determine when notice is required under the statute is practicability, see section 766.316 . . . Section 766.316, Florida Statutes (2002), provides in pertinent part: Notice to obstetrical patients . . . There, the court answered in the affirmative the following certified question: WHETHER SECTION 766.316 . . .

ALL CHILDREN S HOSPITAL, INC. v. DEPARTMENT OF ADMINISTRATIVE HEARINGS, a H. f k a, 989 So. 2d 2 (Fla. Dist. Ct. App. 2008)

. . . PATIENT OF THE PLAN AND HIS OR HER PARTICIPATION IN THE PLAN SATISFY THE NOTICE REQUIREMENTS OF SECTION 766.316 . . .

BAYFRONT MEDICAL CENTER, INC. v. FLORIDA BIRTH- RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, 982 So. 2d 704 (Fla. Dist. Ct. App. 2008)

. . . See § 766.316, Fla. Stat. (1997). Accordingly, we review the ALJ’s decision de novo. See Schur v. . . . Rather, this case involves the second exception, the requirement found in section 766.316 that notice . . . The Florida Supreme Court has interpreted section 766.316 to require as a condition precedent to the . . . First, Bay-front argues that the Galen court’s reading and application of section 766.316 suggests that . . . The ALJ included the following quote in his order: “Under section 766.316, therefore, notice on behalf . . .

DIANDERAS v. FLORIDA BIRTH RELATED NEUROLOGICAL,, 973 So. 2d 523 (Fla. Dist. Ct. App. 2007)

. . . meaning of section 766.302(2); that the language of NICA’s brochure satisfied the requirements of section 766.316 . . . Florida Hospital disputes the ALJ’s finding that it failed to satisfy the notice requirements of section 766.316 . . . contain a “clear and concise explanation of the rights and limitations under NICA” as required by section 766.316 . . . Section 766.316 requires, in relevant part, that NICA “shall provide notice to the obstetrical patients . . . explanation [‘[t]o make plain or comprehensive’] of the patients’ rights and limitations under the plan.” § 766.316 . . .

FLORIDA HEALTH SCIENCES CENTER, INC. d b a v. DIVISION OF ADMINISTRATIVE HEARINGS v. a, 974 So. 2d 1096 (Fla. Dist. Ct. App. 2007)

. . . whether a healthcare provider has satisfied the “notice to obstetrical patients” requirement of section 766.316 . . . See § 766.316 ("Each hospital with a participating physician on its staff and each participating physician . . . Section 766.316 provides in part that the statutorily-required notice "shall be provided on forms furnished . . .

TODD v. JOHNSON, M. D., 965 So. 2d 255 (Fla. Dist. Ct. App. 2007)

. . . This paragraph shall not apply to actions for which ss. 766.301-766.316 provide the exclusive remedy. . . .

FLORIDA BIRTH- RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, v. DIVISION OF ADMINISTRATIVE HEARINGS,, 955 So. 2d 529 (Fla. 2007)

. . . whether a health care provider has satisfied the ‘notice to obstetrical patients’ requirement of section 766.316 . . .

FLORIDA BIRTH- RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, v. BAYFRONT MEDICAL CENTER, INC., 955 So. 2d 531 (Fla. 2007)

. . . whether a health care provider has satisfied the ‘notice to obstetrical patients’ requirement of section 766.316 . . .

FLORIDA BIRTH- RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, v. FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS, v., 948 So. 2d 705 (Fla. 2007)

. . . the Florida Birth-Related Neurological Injury Compensation Act as found in sections 766.301 through 766.316 . . . Section 766.316, Florida Statutes, is amended to read: 766.316 Notice to obstetrical patients of participation . . . We also note that a section 766.316 notice issue is peculiar to a NICA claim. . . . The 766.316 notice is not applicable to a common law tort or contract action. . . . See § 766.316, Fla. Stat. (2001); Galen, 696 So.2d at 310-11. . . . conclusion that the ALJ possessed jurisdiction to determine whether the notice mandated by section 766.316 . . . delegate to the ALJ the authority to determine this issue of whether the notice mandated by section 766.316 . . . not necessary under NICA for an ALJ to determine whether a party received notice pursuant to section 766.316 . . . concluding that the ALJ possesses jurisdiction to determine whether the notice mandated by section 766.316 . . . immunity from tort liability under section 766.303(2) and the related issue of notice under section 766.316 . . . that gives the ALJ any responsibility or authority to determine either (a) that notice under section 766.316 . . . compensation under the plan is alike available to claimants who received proper notice under section 766.316 . . . determination concerning tort immunity will turn on whether proper notice was given as required by section 766.316 . . .

JACKSON B. v. FLORIDA BIRTH- RELATED NEUROLOGICAL,, 932 So. 2d 1125 (Fla. Dist. Ct. App. 2006)

. . . Section 766.316 of the Florida Statutes outlines the notice requirement as follows: 766.316. . . . an emergency medical condition as defined in s. 395.002(9)(b) or when notice is not practicable. § 766.316 . . . As noted above, section 766.316 of the Florida Statutes outlines NICA’s notice requirement. . . . Section 766.301 through section 766.316 of the Florida Statutes (2004) sets forth the provisions of Florida . . .

WEINSTOCK, M. D. M. D. P. A. d b a s LLP, v. HOUVARDAS a, 924 So. 2d 982 (Fla. Dist. Ct. App. 2006)

. . . evidentiary hearing on whether they properly complied with the notice requirements set forth in section 766.316 . . . ALJ the authority to determine whether notice of participation in NICA, which is required by section 766.316 . . . administrative law judge may bifurcate the proceeding addressing compensability and notice pursuant to s. 766.316 . . . whether notice of a health provider’s participation in NICA was properly given in accordance with section 766.316 . . . and not the circuit court, shall determine whether the provider in this case complied with section 766.316 . . .

NORTHWEST MEDICAL CENTER, INC. De M. D. v. ORTIZ,, 920 So. 2d 781 (Fla. Dist. Ct. App. 2006)

. . . given notice of the Florida Birth-Related Neurological Injury Compensation Plan, as required by section 766.316 . . . under the Florida Birth-Related Neurological Injury Compensation Plan (“NICA”), sections 766.301 to 766.316 . . . Ortiz did not receive notice from the hospital regarding NICA in accordance with section 766.316, Florida . . . Section 766.316, Florida Statutes (2000), states: Each hospital with a participating physician on its . . . It cites the provision of section 766.316 which states, “Notice need not be given to a patient when the . . .

TALLAHASSEE MEMORIAL REGIONAL MEDICAL CENTER, INC. v. PETERSEN Dr. M., 920 So. 2d 75 (Fla. Dist. Ct. App. 2006)

. . . However, the ALJ determined that TMRMC had not given Petersen the notice required by section 766.316, . . . The Florida Birth-Related Neurological Compensation Act, sections 766.301-766.316, Florida Statutes ( . . .

UNIVERSITY OF MIAMI d b a a v. RUIZ A. a, 916 So. 2d 865 (Fla. Dist. Ct. App. 2005)

. . . NICA Plan notice was not given by the University physicians or the hospital as required by section 766.316 . . . Section 766.316 provides, in relevant part: Notice to obstetrical patients of participation in the plan . . . See § 766.316, Fla. Stat. (1998). Appellants argue that, since the ALJ properly concluded that Mrs. . . . See § 766.316, Fla. Stat. (1998). Appellants rely on Orlando Regional Healthcare System, Inc. v. . . . Section 766.316 was amended in 1998, pri- or to the baby's birth, to include the two exceptions to the . . .

ORLANDO REGIONAL HEALTHCARE SYSTEM, INC. v. ALEXANDER,, 909 So. 2d 582 (Fla. Dist. Ct. App. 2005)

. . . Definitions; ss. 766.301-766.316 As used in ss. 766.301-766.316, the term: ⅜ ⅝ ⅝ ⅜ ⅜ ⅛ (2) “Birth-related . . . claims The administrative law judge shall hear and determine all claims filed pursuant to ss. 766.301-766.316 . . . Section 766.316 of the Florida Statutes outlines the notice requirement as follows: 766.316. . . . an emergency medical condition as defined in s. 395.002(9)(b) or when notice is not practicable. § 766.316 . . . See § 766.316, Fla. Stat. (2003). . . .

L. RINELLA, M. D. v. ABIFARAJ, 908 So. 2d 1126 (Fla. Dist. Ct. App. 2005)

. . . Florida Birth-Related Neurological Injury Compensation Plan (“NICA plan”) contained in sections 766.301-766.316 . . . has jurisdiction to make factual findings concerning whether the notice requirement found in section 766.316 . . . property, provided that such suit is filed prior to and in lieu of payment of an award under ss. 766.301-766.316 . . . Section 766.316, Florida Statutes (1997), provides, that "[e]ach hospital with a participating physician . . .

SUNLIFE OB GYN SERVICES OF BROWARD COUNTY, P. A. C. M. D. C. M. D. P. A. J. C. N. M. M. D. LLC, v. MILLION, MILLION,, 907 So. 2d 624 (Fla. Dist. Ct. App. 2005)

. . . Section 766.316, Florida Statutes (1999) describes the notice requirement as follows: Each hospital with . . .

DEPART, CNM, v. MACRI O M. D. P. A. d b a s, 902 So. 2d 271 (Fla. Dist. Ct. App. 2005)

. . . has jurisdiction to decide whether the obstetrical patient was given the notice required by section 766.316 . . .

DE SOUZA, M. D. v. ORTIZ a M. D., 901 So. 2d 269 (Fla. Dist. Ct. App. 2005)

. . . of the defendants (one doctor and the hospital) failed to give the proper notice required by section 766.316 . . .

BAYFRONT MEDICAL CENTER, INC. v. FLORIDA BIRTH- RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION a, 893 So. 2d 636 (Fla. Dist. Ct. App. 2005)

. . . that gives the ALJ any responsibility or authority to determine either (a) that notice under section 766.316 . . .

GUGELMIN, a v. FLORIDA BIRTH RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION N. M. D. N. M. D. P. A. P. A. a d b a, 882 So. 2d 517 (Fla. Dist. Ct. App. 2004)

. . . current version of the statute provides that "[a]n award may not be made or paid under ss. 766.301-766.316 . . . See §§ 766.302(2), 766.303(2), 766.316, Fla. Stat. (1988); §§ 766.302(2), 766.303(2), 766.316, Fla. . . .

TABB, TABB, a v. FLORIDA BIRTH- RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION M. D. d b a, 880 So. 2d 1253 (Fla. Dist. Ct. App. 2004)

. . . jurisdiction of the ALJ to determine whether she received the required notice, pursuant to section 766.316 . . . See § 766.316, Fla. Stat. (2001); Galen, 696 So.2d at 310-11. . . . indicated that a participating physician’s failure to provide the required NICA notice under section 766.316 . . . form raises a rebuttable presumption that the notice requirements of this section have been met.” § 766.316 . . . Section 766.316, Florida Statutes (2001), provides: Notice to obstetrical patients of participation in . . .

FLORIDA HEALTH SCIENCES CENTER, INC. d b a v. DIVISION OF ADMINISTRATIVE HEARINGS v. a, 871 So. 2d 1062 (Fla. Dist. Ct. App. 2004)

. . . Braniff, 696 So.2d 308, 309 (Fla.1997); see also § 766.316 (“Each hospital with a participating physician . . . administrative law judge may bifurcate the proceeding addressing compensability and notice pursuant to s. 766.316 . . .

FLORIDA BIRTH- RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, v. FERGUSON a C. N. M., 869 So. 2d 686 (Fla. Dist. Ct. App. 2004)

. . . administrative law judge may bifurcate the proceeding addressing compensability and notice pursuant to s. 766.316 . . .

ALL CHILDREN S HOSPITAL, INC. v. DEPARTMENT OF ADMINISTRATIVE HEARINGS, a H. f k a, 863 So. 2d 450 (Fla. Dist. Ct. App. 2004)

. . . The version of the plan applicable here is found in sections 766.301 through 766.316, Florida Statutes . . . Section 766.316 requires that “[ejach hospital with a participating physician on its staff and each participating . . . property, provided that such suit is filed prior to and in lieu of payment of an award under ss. 766.301-766.316 . . . immunity from tort liability under section 766.303(2) and the related issue of notice under section 766.316 . . . Section 766.316 was also amended in 1998. See § 766.316, Fla. Stat. (Supp.1998). . . .

ADVENTIST HEALTH SYSTEM SUNBELT, INC. v. FLORIDA BIRTH- RELATED NEUROLOGICAL INJURY, 865 So. 2d 561 (Fla. Dist. Ct. App. 2004)

. . . provides: The administrative law judge shall hear and determine all claims filed pursuant to ss. 766.301-766.316 . . .

RAYBURN, v. ORANGE PARK MEDICAL CENTER, INC. d b a C. M. D. P. A., 842 So. 2d 985 (Fla. Dist. Ct. App. 2003)

. . . There, this court held that the specific notice requirements of section 766.316, Florida Statutes (1997 . . . There this court stated, [S]ection 766.316 requires “[e]ach hospital with a participating physician on . . . Section 766.316 as interpreted in Schur establishes that proper notice be given as a condition precedent . . . Thus section 240.215, like section 766.316, requires proper notice as a condition precedent to invoke . . .

BAYFRONT MEDICAL CENTER, INC. v. DIVISION OF ADMINISTRATIVE HEARINGS, v., 841 So. 2d 626 (Fla. Dist. Ct. App. 2003)

. . . Bayfront facility for delivery, the hospital failed to provide Kocher with the notice required by section 766.316 . . .

ROMINE v. FLORIDA BIRTH RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION,, 842 So. 2d 148 (Fla. Dist. Ct. App. 2003)

. . . recovery: The administrative law judge shall hear and determine all claims filed pursuant to ss. 766.301-766.316 . . . An action may not be brought under ss. 766.801-766.316 if the claimant recovers or final judgment is . . .

J. SCHUR S. v. FLORIDA BIRTH- RELATED NEUROLOGICAL,, 832 So. 2d 188 (Fla. Dist. Ct. App. 2002)

. . . Marijane Boyd’s failure to provide the required notice under section 766.316, Florida Statutes (Supp.1998 . . . Section 766.316 requires participating physicians in the Florida Birth-Related Neurological Injury Compensation . . . Section 766.316 provides, in pertinent part, that each hospital and participating physician under the . . . who have a reasonable opportunity to give notice and fail to give pre-delivery notice under section 766.316 . . . Furthermore, section 766.316 requires “[ejach hospital with a participating physician on its staff and . . .

GUGELMIN v. DIVISION OF ADMINISTRATIVE HEARINGS, d b a, 815 So. 2d 764 (Fla. Dist. Ct. App. 2002)

. . . common law remedies must be evidenced "prior to and in lieu of payment of an award under ss. 766.301-766.316 . . .

FLORIDA BIRTH- RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, v. W. FELD, M. D. M. D. P. A. f k a, 793 So. 2d 1070 (Fla. Dist. Ct. App. 2001)

. . . . § 766.316. Because NICA failed to provide the forms of notice to Dr. . . . Section 766.316, Florida Statutes (Supp. 1988), provided: Notice to obstetrical patients of participation . . . Feld joined NICA in November 1988, and that NICA sent forms required by section 766.316 for the first . . . Braniff, 696 So.2d 308 (Fla.1997)(holding that the pre-delivery notice required by section 766.316 was . . . association and any income therefrom should be disbursed only for the payment of awards under ss. 766.301-766.316 . . .

D. O LEARY, M. D. v. FLORIDA BIRTH- RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION,, 757 So. 2d 624 (Fla. Dist. Ct. App. 2000)

. . . s participation in Florida’s Birth-Related Injury Compensation Plan (the Plan), pursuant to section 766.316 . . . Florida’s Birth-Related Neurological Injury Compensation Act (sections 766.301 — 766.316, Florida Statutes . . . Section 766.316, Florida Statutes, is amended to read: 766.316 Notice to obstetrical patients of participation . . . We also note that a section 766.316 notice issue is peculiar to a NICA claim. . . . The 766.316 notice is not applicable to a common law tort or contract action. . . .

A. GILBERT, Ad a v. FLORIDA BIRTH- RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION d b a s, 724 So. 2d 688 (Fla. Dist. Ct. App. 1999)

. . . The administrative law judge shall hear and determine all claims filed pursuant to ss. 766.301-766.316 . . . An action may not be brought under ss. 766.301-766.316 if the claimant recovers or final judgment is . . .

O BRIEN O O a v. FLORIDA BIRTH- RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION,, 710 So. 2d 51 (Fla. Dist. Ct. App. 1998)

. . . 766.308, Florida Statutes (1995) provides: (1) Each claim filed with the division under ss. 766.301-766.316 . . .

UNIVERSITY MEDICAL CENTER, INC. v. ATHEY, BOARD OF REGENTS OF THE STATE OF FLORIDA, v. ATHEY,, 699 So. 2d 1350 (Fla. 1997)

. . . Galen of Florida, Inc., 669 So.2d 1051 (Fla. 1st DCA 1995): WHETHER SECTION 766.316, FLORIDA STATUTES . . .

GALEN OF FLORIDA, INC. v. BRANIFF, BAZLEY, M. D. v. BRANIFF,, 696 So. 2d 308 (Fla. 1997)

. . . question certified by the First District Court of Appeal to be of great public importance: WHETHER SECTION 766.316 . . . The Braniffs maintained that as a condition precedent to asserting NICA exclusivity, section 766.316 . . . The trial court dismissed the civil action, concluding that section 766.316 does not require pre-delivery . . . Section 766.316 provides in pertinent part: Each hospital with a participating physician on its staff . . . Without exception the district courts of appeal that have addressed the issue have read section 766.316 . . . The notice provision, section 766.316, Fla. . . .

DOMOND, M. D. v. A. MILLS,, 696 So. 2d 314 (Fla. 1997)

. . . District Court of Appeal certified the following question to be of great public importance: Does § 766.316 . . .

BOARD OF REGENTS OF STATE OF FLORIDA, M. M. D. K. M. D. a v. ATHEY, a By ATHEY D. a k a, D. A K A D. a, 694 So. 2d 46 (Fla. Dist. Ct. App. 1997)

. . . This appeal raises questions concerning whether the notice required to be given under section 766.316 . . . the claimant families, ruled (i) that the pre-delivery notice to the obstetric patient under section 766.316 . . . On appeal the health care providers argue that notice under section 766.316 is not a condition precedent . . . In addition to finding that section 766.316 required pre-delivery notice as a condition precedent to . . . In Braniff, this court held that the notice of NICA participation required by section 766.316 must be . . .

FLORIDA BIRTH- RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, v. FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS,, 686 So. 2d 1349 (Fla. 1997)

. . . injuries pursuant to the Florida Birth-Related Neurological Injury Compensation Plan, sections 766.301-766.316 . . .

FLORIDA BIRTH- RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, v. McKAUGHAN a HUMANA OF FLORIDA, INC. d b a s L. M. D. v. McKAUGHAN a SOLOMON, M. D. v. McKAUGHAN a, 668 So. 2d 974 (Fla. 1996)

. . . 766.304 provides: The hearing officer shall hear and determine all claims filed pursuant to ss. 766.301-766.316 . . . birth-related neurological injury shall be tolled by the filing of a claim in accordance with ss. 766.301-766.316 . . .

SIRAVO, a By SIRAVO v. FLORIDA BIRTH- RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION,, 667 So. 2d 971 (Fla. Dist. Ct. App. 1996)

. . . notice by the doctor of his participation in the appellee/as-soeiation (NICA) as required by the section 766.316 . . . reliance on NICA, we certify to the supreme court the same question certified in Bradford: DOES SECTION 766.316 . . .

BRADFORD, a BRADFORD, v. FLORIDA BIRTH- RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION,, 667 So. 2d 401 (Fla. Dist. Ct. App. 1995)

. . . but contended in the administrative proceeding that they were not given notice as required by section 766.316 . . . Broward Hospital, 664 So.2d 65 (Fla. 4th DCA 1995), we concluded that the notice required by section 766.316 . . . as we did in Mills, certify the following question as one of great public importance: DOES SECTION 766.316 . . . The notice provision, section 766.316, Fla. . . .

BEHAN, v. FLORIDA BIRTH- RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION,, 664 So. 2d 1173 (Fla. Dist. Ct. App. 1995)

. . . (NICA), but did so under protest contending that they were not given notice as required by section 766.316 . . . First, they contend that the notice requirement of section 766.316 is a condition precedent to the applicability . . . certify the same question as that certified in Mills as being of great public importance: DOES SECTION 766.316 . . .

A. MILLS, a a v. NORTH BROWARD HOSPITAL DISTRICT, d b a OB GYN M. D. M. D. P. A., 664 So. 2d 65 (Fla. Dist. Ct. App. 1995)

. . . We join the first district in certifying the following question to the supreme court: “Does § 766.316 . . .

SIERRA, a SIERRA v. PUBLIC HEALTH TRUST OF DADE COUNTY d b a E. M. D. M. D. M. D., 661 So. 2d 1296 (Fla. Dist. Ct. App. 1995)

. . . specifically for a determination that the defendants’ failure to comply with the notice provisions of section 766.316 . . . Weekly D2239 (Fla. 5th DCA Oct. 21, 1994), held that under section 766.316, Florida Statutes, pre-delivery . . .

BRANIFF, J. v. GALEN OF FLORIDA, INC. M. D., 669 So. 2d 1051 (Fla. Dist. Ct. App. 1995)

. . . precluded by Florida’s Birth-Related Neurological Injury Compensation Act (NICA), sections 766.301-766.316 . . . Specifically, section 766.316, Florida Statutes (1993), requires that participating hospitals and physicians . . . According to the trial court, section 766.316 did not specifically require that notification precede . . . We reject this suggestion because the language in section 766.316 indicates that mandatory notification . . . we find it a matter of great public importance, we certify the following question: WHETHER SECTION 766.316 . . .

Dr. A. TURNER, v. HUBRICH, 656 So. 2d 970 (Fla. Dist. Ct. App. 1995)

. . . provision of Florida’s Birth-Related Neurological Injury Compensation Act (NICA), sections 766.301-766.316 . . . Section 766.316, Florida Statutes (1993) provides: Each hospital with a participating physician on its . . .

WHITE, v. FLORIDA BIRTH RELATED NEUROLOGICAL,, 655 So. 2d 1292 (Fla. Dist. Ct. App. 1995)

. . . property, provided that such suit is filed prior to and in lieu of payment of an award under ss. 766.301-766.316 . . . for more public awareness of the Plan, and a patient’s rights and limitations under the Plan, Section 766.316 . . .

FLORIDA BIRTH- RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, v. J. DeMARKO, E., 640 So. 2d 181 (Fla. Dist. Ct. App. 1994)

. . . brought under the Florida Birth-Related Neurological Injury Compensation Act (the Act), sections 766.301-766.316 . . .

FLORIDA BIRTH- RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, v. CARRERAS, a, 633 So. 2d 1103 (Fla. Dist. Ct. App. 1994)

. . . injury: (c) Reasonable expenses incurred in connection with the filing of a claim under ss. 766.301-766.316 . . . statute authorizes attorney’s fees “incurred in connection with the filing of a claim under ss. 766.301-766.316 . . . t]he judge of compensation claims shall hear and determine all claims filed pursuant to ss. 766.301-766.316 . . .

ST. MARY S HOSPITAL, INC. v. BASS, a E. BASS E. W. M. D. M. D. P. A., 592 So. 2d 779 (Fla. Dist. Ct. App. 1992)

. . . See §§ 766.301 to 766.316, Fla.Stat. (1989). . . .