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Fla. Stat. § 766.303 (2025)

Florida Birth-Related Neurological Injury Compensation Plan; exclusiveness of remedy.

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766.303 Florida Birth-Related Neurological Injury Compensation Plan; exclusiveness of remedy.—
(1) There is established the Florida Birth-Related Neurological Injury Compensation Plan for the purpose of providing compensation, irrespective of fault, for birth-related neurological injury claims. Such plan shall apply to births occurring on or after January 1, 1989, and shall be administered by the Florida Birth-Related Neurological Injury Compensation Association.
(2) The rights and remedies granted by this plan on account of a birth-related neurological injury shall exclude all other rights and remedies of such infant, her or his personal representative, parents, dependents, and next of kin, at common law or otherwise, against any person or entity directly involved with the labor, delivery, or immediate postdelivery resuscitation during which such injury occurs, arising out of or related to a medical negligence claim with respect to such injury; except that a civil action shall not be foreclosed where there is clear and convincing evidence of bad faith or malicious purpose or willful and wanton disregard of human rights, safety, or property, provided that such suit is filed prior to and in lieu of payment of an award under ss. 766.301-766.316. Such suit shall be filed before the award of the division becomes conclusive and binding as provided for in s. 766.311.
(3) Sovereign immunity is hereby waived on behalf of the Florida Birth-Related Neurological Injury Compensation Association solely to the extent necessary to assure payment of compensation as provided in s. 766.31.
(4) The association shall administer the plan in a manner that promotes and protects the health and best interests of children with birth-related neurological injuries.
History.—s. 62, ch. 88-1; s. 37, ch. 88-277; s. 1, ch. 89-186; s. 1154, ch. 97-102; s. 74, ch. 2003-416; s. 2, ch. 2021-134.
Notes of Decisions
Cited in 68 cases (8 in the last 5 years), 1992–2025 · leading case: Florida Birth-Related Neurological Injury Comp. Ass'n v. Dep't of Admin. Hearings, 29 So. 3d 992 (Fla. 2010).
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Florida Birth-Related Neurological Injury Comp. Ass'n v. Dep't of Admin. Hearings, 29 So. 3d 992 (Fla. 2010). · cites it 8× “The "plan" means the Florida Birth-Related Neurological Injury Compensation Plan established under section 766.303, Florida Statutes (1997).”
All Child.'s Hosp., Inc. v. Dept. of Admin. Hearings, 863 So. 2d 450 (Fla. 2d DCA 2004). · cites it 7× “Section 766.303(2), Florida Statutes (1997), provides: The rights and remedies granted by this plan on account of a birth-related neurological injury shall exclude all other rights and remedies of such infant, her or his personal representative, parents, dependents, and next of…”
Est. of Michelle Evette McCall v. United States, 134 So. 3d 894 (Fla. 2014). · cites it 4× “3d at 914-15 ; see also § 766.303, Fla. Stat. (2013). In rejecting an equal protection challenge on the basis that the statute treats a parent who files for the 0,000 award alone differently than parents who share or divide the award, this Court distinguished the decision in…”
Florida Birth-Related Neurological Injury Comp. Ass'n v. Florida Div. of Admin. Hearings, 948 So. 2d 705 (Fla. 2007). · cites it 15× “In each case, the respective circuit court abated the medical malpractice action and ordered the parents to file a claim for compensation under the injury compensation plan established by section 766.303, Florida Statutes (the NICA Plan).”
Maradiaga v. United States, 679 F.3d 1286 (11th Cir. 2012). · cites it 3× “” Fla. Stat. § 766.303 (1). This no-fault compensation plan provides the exclusive remedy for injuries that are compensable under the plan, except “where there is clear and convincing evidence of bad faith or malicious purpose or willful and wanton disregard of human rights,…”
Bennett v. St. Vincent's Med. Ctr., Inc., 71 So. 3d 828 (Fla. 2011). · cites it 4× “[3] See § 766.303(2), Fla. Stat. (2001) (stating that the rights and remedies granted under the NICA Plan exclude all other rights and remedies).”
Univeristy of Miami, Sch. of Med. v. Ruiz, 164 So. 3d 758 (Fla. 3d DCA 2015). · cites it 8× “See § 766.303, Fla. Stat. (1998). The ALJ determined that Michael’s injury was compensable under NICA and approved the statute’s maximum award of 0,000 in addition to attorney’s fees and future medical care costs.”
Samples v. Florida Birth-Related Neurological, 40 So. 3d 18 (Fla. 5th DCA 2010). · cites it 3× “Section 766.303(2), Florida Statutes, expressly excludes filial consortium claims, stating that the rights and remedies granted by the Plan “shall exclude all other rights and remedies of such infant, her or his personal representative, parents, dependents, and next of kin, at…”
Macri v. Clements & Ashmore, P.A., 15 So. 3d 762 (Fla. 1st DCA 2009). · cites it 23× “See § 766.303(2), Fla. Stat. Furthermore, the Plan indicates that no civil action may be pursued until determinations are made under the Plan as to whether there is a birth-related neurological injury, as well as to other matters affecting compensability.”
Univ. of Miami v. Klein, 603 So. 2d 651 (Fla. 3d DCA 1992). · cites it 4× “The plaintiffs sought a declaration that the statute on which the defendants' jurisdictional argument is based, section 766.303, Florida Statutes (1991), is unconstitutional.”
Bayfront v. Birth-Related Neurological, 982 So. 2d 704 (Fla. 2d DCA 2008). · cites it 4× “§ 766.303(1). The Plan is funded by assessments levied against all physicians licensed to practice in the state and all hospitals licensed under chapter 395, Florida Statutes.”
Gugelmin v. Admin. Hearings, 815 So. 2d 764 (Fla. 4th DCA 2002). · cites it 2× “Section 766.303(2), Florida Statutes (1999), provides: The rights and remedies granted by this plan shall exclude all other rights and remedies .”
Show all 68 citing cases →
766.303(1): 13 cases
Est. of Michelle Evette McCall v. United States, 134 So. 3d 894 (Fla. 2014). “3d at 914-15 ; see also § 766.303, Fla. Stat. (2013). In rejecting an equal protection challenge on the basis that the statute treats a parent who files for the 0,000 award alone differently than parents who share or divide the award, this Court distinguished the decision in…”
Fluet v. Florida Birth-related Neurological Injury Comp. Ass'n, 788 So. 2d 1010 (Fla. 2d DCA 2001).
Schur v. Florida Birth-Related Neurological, 832 So. 2d 188 (Fla. 1st DCA 2002).
Nica v. Div. of Admin. Hearings, 686 So. 2d 1349 (Fla. 1997).
Florida Birth-Related Neurological Injury Comp. Ass'n v. Florida Div. of Admin. Hearings, 948 So. 2d 705 (Fla. 2007). “In each case, the respective circuit court abated the medical malpractice action and ordered the parents to file a claim for compensation under the injury compensation plan established by section 766.303, Florida Statutes (the NICA Plan).”
766.303(2): 46 cases
Florida Birth-Related Neurological Injury Comp. Ass'n v. Dep't of Admin. Hearings, 29 So. 3d 992 (Fla. 2010). “The "plan" means the Florida Birth-Related Neurological Injury Compensation Plan established under section 766.303, Florida Statutes (1997).”
All Child.'s Hosp., Inc. v. Dept. of Admin. Hearings, 863 So. 2d 450 (Fla. 2d DCA 2004). “Section 766.303(2), Florida Statutes (1997), provides: The rights and remedies granted by this plan on account of a birth-related neurological injury shall exclude all other rights and remedies of such infant, her or his personal representative, parents, dependents, and next of…”
Bennett v. St. Vincent's Med. Ctr., Inc., 71 So. 3d 828 (Fla. 2011). “[3] See § 766.303(2), Fla. Stat. (2001) (stating that the rights and remedies granted under the NICA Plan exclude all other rights and remedies).”
Florida Birth-Related Neurological Injury Comp. Ass'n v. Florida Div. of Admin. Hearings, 948 So. 2d 705 (Fla. 2007). “In each case, the respective circuit court abated the medical malpractice action and ordered the parents to file a claim for compensation under the injury compensation plan established by section 766.303, Florida Statutes (the NICA Plan).”
Samples v. Florida Birth-Related Neurological, 40 So. 3d 18 (Fla. 5th DCA 2010). “Section 766.303(2), Florida Statutes, expressly excludes filial consortium claims, stating that the rights and remedies granted by the Plan “shall exclude all other rights and remedies of such infant, her or his personal representative, parents, dependents, and next of kin, at…”
766.303(3): 4 cases
Shands Jacksonville Med. Ctr., Inc., & Univ. of Florida Bd. of Trs. (Fla. 1st DCA 2024).
Shands Jacksonville Med. Ctr., Inc., & Univ. of Florida Bd. of Trs. (Fla. 1st DCA 2024).
Shands Jacksonville Med. Ctr., Inc., & Univ. of Florida Bd. of Trs. (Fla. 1st DCA 2025).
Erica McDonald, as Parent & Nat. Guardian of J.M., a Minor v. Florida Birth-Related Neurological Injury Comp. Ass'n, & Florida Health Sciences Ctr., Inc. D/B/A Tampa Gen. Hosp.; & Univ. of South Florida Bd. of Trs., 396 So. 3d 891 (Fla. 1st DCA 2024).
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This Florida statute resource is curated by the lawyer who curates this resource, 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.