Florida Senate - 2022 COMMITTEE AMENDMENT
Bill No. CS for SB 768
Ì603264"Î603264
LEGISLATIVE ACTION
Senate . House
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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 child
25 currently receives benefits under the plan must 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
43 shall not be liable for any expenses, including attorney
44 attorney’s fees, 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;