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 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;