F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1165 2021
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
23 legal guardians of the infant found to have sustained a birth-
24 related neurological injury, which award may shall not exceed
25 $100,000. However, at the discretion of the administrative law
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1165 2021
26 judge, such award may be made in a lump sum. Beginning on
27 January 1, 2021, the award may not exceed $250,000 and each
28 January 1 thereafter, the award authorized under this paragraph
29 shall increase by 3 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 petitions pending or filed under
33 s. 766.305, Florida Statutes, on or after January 1, 2021.
34 Section 3. This act shall take effect July 1, 2021.
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Statutes affected:
H 1165 Filed: 766.31