Florida Senate - 2022 COMMITTEE AMENDMENT Bill No. CS for SB 768 Ì603264"Î603264 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/01/2022 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Appropriations (Rodriguez) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 1494 and 1495 4 insert: 5 Section 19. Effective upon this act becoming a law, 6 paragraph (d) of subsection (1) of section 766.31, Florida 7 Statutes, is amended to read: 8 766.31 Administrative law judge awards for birth-related 9 neurological injuries; notice of award.— 10 (1) Upon determining that an infant has sustained a birth 11 related neurological injury and that obstetrical services were 12 delivered by a participating physician at the birth, the 13 administrative law judge shall make an award providing 14 compensation for the following items relative to such injury: 15 (d)1.a. Periodic payments of an award to the parents or 16 legal guardians of the infant found to have sustained a birth 17 related neurological injury, which award may not exceed 18 $100,000. However, at the discretion of the administrative law 19 judge, such award may be made in a lump sum. Beginning on 20 January 1, 2021, the award may not exceed $250,000, and each 21 January 1 thereafter, the maximum award authorized under this 22 paragraph shall increase by 3 percent. 23 b. Parents or legal guardians who received an award 24 pursuant to this section before January 1, 2021,and whose child25currently receives benefits under the planmust receive a 26 retroactive payment in an amount sufficient to bring the total 27 award paid to the parents or legal guardians pursuant to sub 28 subparagraph a. to $250,000. This additional payment may be made 29 in a lump sum or in periodic payments as designated by the 30 parents or legal guardians and must be paid by July 1, 2021. 31 2.a. Death benefit for the infant in an amount of $50,000. 32 b. Parents or legal guardians who received an award 33 pursuant to this section, and whose child died since the 34 inception of the program, must receive a retroactive payment in 35 an amount sufficient to bring the total award paid to the 36 parents or legal guardians pursuant to sub-subparagraph a. to 37 $50,000. This additional payment may be made in a lump sum or in 38 periodic payments as designated by the parents or legal 39 guardians and must be paid by July 1, 2021. 40 41 Should there be a final determination of compensability, and the 42 claimants accept an award under this section, the claimants are 43shallnotbeliable for any expenses, including attorney 44attorney’sfees, incurred in connection with the filing of a 45 claim under ss. 766.301-766.316 other than those expenses 46 awarded under this section. 47 Section 20. The amendment made to s. 766.31(1)(d)1.b., 48 Florida Statutes, by this act applies retroactively. The Florida 49 Birth-Related Neurological Injury Compensation Plan must provide 50 the additional payment required under s. 766.31(1)(d)1.b., 51 Florida Statutes, to parents and legal guardians who are 52 eligible for the additional payment under that sub-subparagraph 53 as a result of the amendment made by this act. The additional 54 payment may be made in a lump sum or in periodic payments as 55 designated by the parents or legal guardians and must be paid by 56 July 1, 2022. This section shall take effect upon this act 57 becoming a law. 58 59 ================= T I T L E A M E N D M E N T ================ 60 And the title is amended as follows: 61 Between lines 66 and 67 62 insert: 63 amending s. 766.31, F.S.; revising eligibility 64 requirements for certain retroactive payments to 65 parents or legal guardians under the Florida Birth 66 Related Neurological Injury Compensation Plan; 67 providing retroactive applicability; requiring the 68 plan to make certain retroactive payments to eligible 69 parents or guardians; authorizing the plan to make 70 such payments in a lump sum or periodically as 71 designated by eligible parents or legal guardians; 72 requiring the plan to make the payments by a specified 73 date;