Bill Text: FL S1786 | 2021 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Florida Birth-Related Neurological Injury Compensation Plan
Spectrum: Bipartisan Bill
Status: (Passed) 2021-06-23 - Chapter No. 2021-134 [S1786 Detail]
Download: Florida-2021-S1786-Introduced.html
Bill Title: Florida Birth-Related Neurological Injury Compensation Plan
Spectrum: Bipartisan Bill
Status: (Passed) 2021-06-23 - Chapter No. 2021-134 [S1786 Detail]
Download: Florida-2021-S1786-Introduced.html
Florida Senate - 2021 SB 1786 By Senator Burgess 20-01693-21 20211786__ 1 A bill to be entitled 2 An act relating to payments for birth-related 3 neurological injuries; amending s. 766.31, F.S.; 4 increasing the amount that may be awarded to the 5 parents or legal guardians of an infant found to have 6 sustained a birth-related neurological injury; 7 requiring that such amount be revised annually; 8 providing for retroactive application; providing an 9 effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Paragraph (b) of subsection (1) of section 14 766.31, Florida Statutes, is amended to read: 15 766.31 Administrative law judge awards for birth-related 16 neurological injuries; notice of award.— 17 (1) Upon determining that an infant has sustained a birth 18 related neurological injury and that obstetrical services were 19 delivered by a participating physician at the birth, the 20 administrative law judge shall make an award providing 21 compensation for the following items relative to such injury: 22 (b)1. Periodic payments of an award to the parents or legal 23 guardians of the infant found to have sustained a birth-related 24 neurological injury, which award mayshallnot exceed $100,000. 25 However, at the discretion of the administrative law judge, such 26 award may be made in a lump sum. Beginning on January 1, 2021, 27 the award may not exceed $250,000, and each January 1 thereafter 28 the award authorized under this paragraph shall increase by 3 29 percent. 30 2. Death benefit for the infant in an amount of $10,000. 31 Section 2. The amendments made to s. 766.31, Florida 32 Statutes, by this act apply to claims filed under s. 766.305, 33 Florida Statutes, on or after January 1, 2021. 34 Section 3. This act shall take effect July 1, 2021.