Florida 2026 Session Status: To Executive 1 R cosponsors

SB 1668 — Florida Birth-Related Neurological Injury Compensation Association

Last action — Chapter No. 2026-127

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill has been sent to the executive. Introduced January 09, 2026. It awaits signature.

Signed by Governor Ron DeSantis (Republican) on June 09, 2026.

Next likely step: the executive signs it into law or issues a veto.

Prognosis

Likely to advance 64% · moderate confidence

Where this bill stands today.

Odds of enactment

Moderate

How often bills like it became law.

  • To Executive

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

In plain language

The bill revises the Florida Birth-Related Neurological Injury Compensation Association's policies and requirements.

The bill updates the Florida Birth-Related Neurological Injury Compensation Association by altering cost recovery from Medicaid, eligibility for compensation, and health insurance requirements for family members. It also makes changes to administrative processes surrounding assessments and appropriations.

Summary

Florida Birth-Related Neurological Injury Compensation Association; Requiring the Agency for Health Care Administration to recover from the Florida Birth-Related Neurological Injury Compensation Association specified costs incurred by Medicaid; revising the exclusiveness of rights and remedies of the Florida Birth-Related Neurological Injury Compensation Plan; revising services eligible for compensation under certain annual benefits under the plan; requiring family members of plan participants to continuously maintain certain health insurance coverage for the participant; revising requirements for the administration of assessments and appropriations dedicated to the Florida Birth-Related Neurological Injury Compensation Plan, etc.

Bill Text

What changed in the latest version

917 added · 938 removed

917 line(s) added, 938 removed.

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Florida Senate - 2026 CS for CS for SB 1668 By the Committee on Rules;
Florida Senate - 2026 CS for SB 1668 By the Appropriations Committee on Agriculture, Environment, and General Government;
the Appropriations Committee on Agriculture, Environment, and General Government;
and Senator Burton 601-03238-26 20261668c1 A bill to be entitled An act relating to the Florida Birth-Related Neurological Injury Compensation Association;
and Senator Burton 595-03410-26 20261668c2 A bill to be entitled An act relating to the Florida Birth-Related Neurological Injury Compensation Association;
defining terms;
defining the terms “office” and “participant”;
requiring the plan to reimburse certain participants by a specified date;
requiring the plan to reimburse certain participants Page 1 of 32 CODING:
prohibiting Page 1 of 32 CODING:
Florida Senate - 2026 CS for CS for SB 1668 595-03410-26 20261668c2 compensation under the plan for family residential or custodial care under certain circumstances;
Florida Senate - 2026 CS for SB 1668 601-03238-26 20261668c1 by a specified date;
prohibiting compensation under the plan for family residential or custodial care under certain circumstances;
requiring the association to notify the Governor, the Page 2 of 32 CODING:
requiring the association to Page 2 of 32 CODING:
Florida Senate - 2026 CS for CS for SB 1668 595-03410-26 20261668c2 Legislature, the office, the agency, and the Department of Health within a specified timeframe if certain plan estimates exceed specified limits;
Florida Senate - 2026 CS for SB 1668 601-03238-26 20261668c1 notify the Governor, the Legislature, the office, the agency, and the Department of Health within a specified timeframe if certain plan estimates exceed specified limits;
providing construction;
Florida Senate - 2026 CS for CS for SB 1668 595-03410-26 20261668c2 however, no provider shall be required to refund or pay to the agency any amount in excess of the actual third-party benefits received by the provider from a third-party payor for medical services provided to the recipient;
Florida Senate - 2026 CS for SB 1668 601-03238-26 20261668c1 however, no provider shall be required to refund or pay to the agency any amount in excess of the actual third-party benefits received by the provider from a third-party payor for medical services provided to the recipient;
(1) “Actuarially sound” means that the total plan assets available to fund future liabilities are equal to or greater than 90 percent of the present value of total estimated Page 4 of 32 CODING:
(1)(4) “Administrative law judge” means an administrative law judge appointed by the division.
(2)(1) “Association” means the Florida Birth-Related Page 4 of 32 CODING:
Florida Senate - 2026 CS for CS for SB 1668 595-03410-26 20261668c2 liabilities excluding any risk margin.
Florida Senate - 2026 CS for SB 1668 601-03238-26 20261668c1 Neurological Injury Compensation Association established in s.
(2)(4) “Administrative law judge” means an administrative law judge appointed by the division.
(3)(1) “Association” means the Florida Birth-Related Neurological Injury Compensation Association established in s.
(4)(2) “Birth-related neurological injury” means injury to the brain or spinal cord of a live infant weighing at least 2,500 grams for a single gestation or, in the case of a multiple gestation, a live infant weighing at least 2,000 grams at birth caused by oxygen deprivation or mechanical injury occurring in the course of labor, delivery, or resuscitation in the immediate postdelivery period in a hospital, which renders the infant permanently and substantially mentally and physically impaired.
(3)(2) “Birth-related neurological injury” means injury to the brain or spinal cord of a live infant weighing at least 2,500 grams for a single gestation or, in the case of a multiple gestation, a live infant weighing at least 2,000 grams at birth caused by oxygen deprivation or mechanical injury occurring in the course of labor, delivery, or resuscitation in the immediate postdelivery period in a hospital, which renders the infant permanently and substantially mentally and physically impaired.
(5)(3) “Claimant” means any person who files a claim pursuant to s.
(4)(3) “Claimant” means any person who files a claim pursuant to s.
(6)(5) “Division” means the Division of Administrative Hearings of the Department of Management Services.
(5) “Division” means the Division of Administrative Hearings of the Department of Management Services.
(7)(9) “Family member” means a father, mother, or legal Page 5 of 32 CODING:
(6)(9) “Family member” means a father, mother, or legal guardian.
(7)(10) “Family residential or custodial care” means care normally rendered by trained professional attendants which is beyond the scope of child care duties, but which is provided by Page 5 of 32 CODING:
Florida Senate - 2026 CS for CS for SB 1668 595-03410-26 20261668c2 guardian.
Florida Senate - 2026 CS for SB 1668 601-03238-26 20261668c1 family members.
(8)(10) “Family residential or custodial care” means care normally rendered by trained professional attendants which is beyond the scope of child care duties, but which is provided by family members.
(9)(6) “Hospital” means any hospital licensed in Florida.
(8)(6) “Hospital” means any hospital licensed in Florida.
(10) “Office” means the Office of Insurance Regulation.
(9) “Office” means the Office of Insurance Regulation.
(11) “Participant” means the person who suffered a birth- related neurological injury as an infant and who accepted Page 6 of 32 CODING:
(10) “Participant” means the person who suffered a birth- related neurological injury as an infant and who accepted compensation under the plan by final order entered by an administrative law judge pursuant to s.
766.309.
(11)(7) “Participating physician” means a physician licensed in Florida to practice medicine who practices Page 6 of 32 CODING:
Florida Senate - 2026 CS for CS for SB 1668 595-03410-26 20261668c2 compensation under the plan by final order entered by an administrative law judge pursuant to s.
Florida Senate - 2026 CS for SB 1668 601-03238-26 20261668c1 obstetrics or performs obstetrical services either full time or part time and who had paid or was exempted from payment at the time of the injury the assessment required for participation in the birth-related neurological injury compensation plan for the year in which the injury occurred.
766.309.
(12)(7) “Participating physician” means a physician licensed in Florida to practice medicine who practices obstetrics or performs obstetrical services either full time or part time and who had paid or was exempted from payment at the time of the injury the assessment required for participation in the birth-related neurological injury compensation plan for the year in which the injury occurred.
(13)(8) “Plan” means the Florida Birth-Related Neurological Injury Compensation Plan established under s.
(12)(8) “Plan” means the Florida Birth-Related Neurological Injury Compensation Plan established under s.
(14) “Risk margin” means an additional, explicit allowance above the best-estimate reserve to reflect uncertainty in future claim payments, including variations in claimant life expectancy and the number and cost of pending or unreported claims.
The risk margin is not included in the reserve amount used to calculate the funding ratio.
Such plan shall apply to births occurring on or after January 1, 1989, and shall be administered by the Florida Birth-Related Neurological Injury Page 7 of 32 CODING:
Such plan shall apply to births occurring on or after January 1, 1989, and shall be administered by the Florida Birth-Related Neurological Injury Compensation Association.
(2) The rights and remedies granted by this plan on account of a birth-related neurological injury shall exclude all other rights and remedies of such infant, her or his personal representative, family members parents, dependents, and next of kin, at common law or otherwise, against any person or entity directly involved with the labor, delivery, or immediate postdelivery resuscitation during which such injury occurs, arising out of or related to a medical negligence claim with respect to such injury;
except that a civil action may shall not Page 7 of 32 CODING:
Florida Senate - 2026 CS for CS for SB 1668 595-03410-26 20261668c2 Compensation Association.
Florida Senate - 2026 CS for SB 1668 601-03238-26 20261668c1 be foreclosed where there is clear and convincing evidence of bad faith or malicious purpose or willful and wanton disregard of human rights, safety, or property, provided that such suit is filed prior to and in lieu of payment of an award under ss.
(2) The rights and remedies granted by this plan on account of a birth-related neurological injury shall exclude all other rights and remedies of such infant, her or his personal representative, family members parents, dependents, and next of kin, at common law or otherwise, against any person or entity directly involved with the labor, delivery, or immediate postdelivery resuscitation during which such injury occurs, arising out of or related to a medical negligence claim with respect to such injury;
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except that a civil action may shall not be foreclosed where there is clear and convincing evidence of bad faith or malicious purpose or willful and wanton disregard of human rights, safety, or property, provided that such suit is filed prior to and in lieu of payment of an award under ss.
medical disciplinary review.— (1) All claims filed for compensation under the plan must Page 8 of 32 CODING:
medical disciplinary review.— (1) All claims filed for compensation under the plan must shall commence by the claimant filing with the division a petition that includes all of seeking compensation.
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Florida Senate - 2026 CS for CS for SB 1668 595-03410-26 20261668c2 shall commence by the claimant filing with the division a petition that includes all of seeking compensation.
(d) A description of the disability for which the claim is made.
(d) A description of the disability for which the claim is Page 8 of 32 CODING:
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Florida Senate - 2026 CS for SB 1668 601-03238-26 20261668c1 made.
(c) Documentation of expenses and services incurred to date Page 9 of 32 CODING:
(c) Documentation of expenses and services incurred to date which identifies any payment made for such expenses and services and the payor.
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Florida Senate - 2026 CS for CS for SB 1668 595-03410-26 20261668c2 which identifies any payment made for such expenses and services and the payor.
766.309 Determination of claims;
Page 9 of 32 CODING:
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Florida Senate - 2026 CS for SB 1668 601-03238-26 20261668c1 766.309 Determination of claims;
notice of award.— (1) Upon determining that an infant has sustained a birth- related neurological injury and that obstetrical services were Page 10 of 32 CODING:
notice of award.— (1) Upon determining that an infant has sustained a birth- related neurological injury and that obstetrical services were delivered by a participating physician at the birth, the administrative law judge shall make an award providing compensation for the following items relative to such injury:
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Florida Senate - 2026 CS for CS for SB 1668 595-03410-26 20261668c2 delivered by a participating physician at the birth, the administrative law judge shall make an award providing compensation for the following items relative to such injury:
Professional residential care;, and 6.
Professional residential care;, and Page 10 of 32 CODING:
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Florida Senate - 2026 CS for SB 1668 601-03238-26 20261668c1 6.
For the life of the participant child, providing family members parents or legal guardians with a reliable method of Page 11 of 32 CODING:
For the life of the participant child, providing family members parents or legal guardians with a reliable method of transporting transportation for the care of the participant and child or reimbursing the cost of upgrading an existing vehicle to accommodate the participant’s wheelchair and medically necessary equipment child’s needs when it becomes medically necessary for wheelchair transportation.
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Florida Senate - 2026 CS for CS for SB 1668 595-03410-26 20261668c2 transporting transportation for the care of the participant and child or reimbursing the cost of upgrading an existing vehicle to accommodate the participant’s wheelchair and medically necessary equipment child’s needs when it becomes medically necessary for wheelchair transportation.
3.
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Florida Senate - 2026 CS for SB 1668 601-03238-26 20261668c1 3.
The costs of a health insurance policy or health maintenance contract that provides major medical or similar comprehensive health insurance coverage for the participant obtained pursuant to subsection (3), including, but not limited to, the premium and out-of-pocket costs.
The costs of a health insurance policy or contract that provides major medical or similar comprehensive health coverage for the participant obtained pursuant to subsection (3), including, but not limited to, the premium and out-of- pocket costs.
By December 31, 2026, the plan shall reimburse any Page 12 of 32 CODING:
By December 31, 2026, the plan shall reimburse any participant for reasonable, medically necessary care received by the participant on or before June 30, 2026, which was reduced or not paid by the plan because such participant did not have health coverage.
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Florida Senate - 2026 CS for CS for SB 1668 595-03410-26 20261668c2 participant for reasonable, medically necessary care received by the participant on or before June 30, 2026, which was reduced or not paid by the plan because such participant did not have comprehensive or major medical health insurance coverage through an insurer or a health maintenance organization.
Expenses for items or services that the participant infant has received, or is contractually entitled to receive, from any prepaid health plan, health maintenance organization, or other private insuring entity.
Expenses for items or services that the participant Page 12 of 32 CODING:
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Florida Senate - 2026 CS for SB 1668 601-03238-26 20261668c1 infant has received, or is contractually entitled to receive, from any prepaid health plan, health maintenance organization, or other private insuring entity.
or Page 13 of 32 CODING:
or b.
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Florida Senate - 2026 CS for CS for SB 1668 595-03410-26 20261668c2 b.
In the case of an alleged overpayment of an expense reimbursement by the association to a family member, if the family member does not agree that an overpayment has occurred, the association may file a petition for division review of the overpayment for a determination of the amount, if any, to be recouped by the association.
In the case of an alleged overpayment of an expense Page 13 of 32 CODING:
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Florida Senate - 2026 CS for SB 1668 601-03238-26 20261668c1 reimbursement by the association to a family member, if the family member does not agree that an overpayment has occurred, the association may file a petition for division review of the overpayment for a determination of the amount, if any, to be recouped by the association.
Parents or legal guardians who received an award pursuant to this section before January 1, 2021, must receive a retroactive payment in an amount sufficient to bring the total award paid to the parents or legal guardians pursuant to sub- Page 14 of 32 CODING:
Parents or legal guardians who received an award pursuant to this section before January 1, 2021, must receive a retroactive payment in an amount sufficient to bring the total award paid to the parents or legal guardians pursuant to sub- subparagraph a.
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Florida Senate - 2026 CS for CS for SB 1668 595-03410-26 20261668c2 subparagraph a.
This additional payment may be made in a lump sum or in periodic payments as designated by the parents or legal guardians and must be paid by July 1, 2021.
This additional payment may be made in a lump sum or in periodic payments as designated by the parents or legal Page 14 of 32 CODING:
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Florida Senate - 2026 CS for SB 1668 601-03238-26 20261668c1 guardians and must be paid by July 1, 2021.
The experience, reputation, and ability of the lawyer or Page 15 of 32 CODING:
The experience, reputation, and ability of the lawyer or lawyers performing services.
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Florida Senate - 2026 CS for CS for SB 1668 595-03410-26 20261668c2 lawyers performing services.
(3) A family member must continuously maintain a health insurance policy or health maintenance contract that provides comprehensive major medical health insurance coverage for the participant.
Page 15 of 32 CODING:
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Florida Senate - 2026 CS for SB 1668 601-03238-26 20261668c1 (3) A family member must continuously maintain comprehensive major medical health coverage for the participant.
(4)(3) A copy of the award shall be sent immediately by Page 16 of 32 CODING:
(4)(3) A copy of the award shall be sent immediately by registered or certified mail to each person served with a copy of the petition under s.
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Florida Senate - 2026 CS for CS for SB 1668 595-03410-26 20261668c2 registered or certified mail to each person served with a copy of the petition under s.
(a) On or before July 1, 1988, The directors of the association shall submit to the office Department of Insurance for review and approval a plan of operation and any amendment thereto which shall provide for the efficient administration of the plan and for prompt processing of claims against and awards made on behalf of the plan.
(a) On or before July 1, 1988, The directors of the association shall submit to the office Department of Insurance Page 16 of 32 CODING:
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Florida Senate - 2026 CS for SB 1668 601-03238-26 20261668c1 for review and approval a plan of operation and any amendment thereto which shall provide for the efficient administration of the plan and for prompt processing of claims against and awards made on behalf of the plan.
Any other matters necessary for the efficient Page 17 of 32 CODING:
Any other matters necessary for the efficient operation of the Florida Birth-Related Neurological Injury Compensation Plan.
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Florida Senate - 2026 CS for CS for SB 1668 595-03410-26 20261668c2 operation of the Florida Birth-Related Neurological Injury Compensation Plan.
(a)1.
Page 17 of 32 CODING:
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Florida Senate - 2026 CS for SB 1668 601-03238-26 20261668c1 (a)1.
395.806 that have been deemed by the association as being exempt from assessments since fiscal year Page 18 of 32 CODING:
395.806 that have been deemed by the association as being exempt from assessments since fiscal year 1997 to fiscal year 2001.
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Florida Senate - 2026 CS for CS for SB 1668 595-03410-26 20261668c2 1997 to fiscal year 2001.
Assessments are due, and hospitals shall pay all assessments required under this section, by December 31 of the calendar year immediately subsequent to the birth year.
Assessments are due, and hospitals shall pay all Page 18 of 32 CODING:
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Florida Senate - 2026 CS for SB 1668 601-03238-26 20261668c1 assessments required under this section, by December 31 of the calendar year immediately subsequent to the birth year.
Any such physician who becomes licensed on or after January 1, 1989, shall pay an initial assessment equal to the most recent assessment made pursuant to this paragraph, Page 19 of 32 CODING:
Any such physician who becomes licensed on or after January 1, 1989, shall pay an initial assessment equal to the most recent assessment made pursuant to this paragraph, paragraph (5)(a), or paragraph (7)(b).
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Florida Senate - 2026 CS for CS for SB 1668 595-03410-26 20261668c2 paragraph (5)(a), or paragraph (7)(b).
c.
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Florida Senate - 2026 CS for SB 1668 601-03238-26 20261668c1 c.
On or before December 1, 1988, Each physician licensed pursuant to chapter 458 or chapter 459 who wishes to Page 20 of 32 CODING:
On or before December 1, 1988, Each physician licensed pursuant to chapter 458 or chapter 459 who wishes to participate in the Florida Birth-Related Neurological Injury Compensation Plan and who otherwise qualifies as a participating physician under ss.
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Florida Senate - 2026 CS for CS for SB 1668 595-03410-26 20261668c2 participate in the Florida Birth-Related Neurological Injury Compensation Plan and who otherwise qualifies as a participating physician under ss.
Participating physicians also include any employee of the board of trustees of a state university who has paid the assessment required by this paragraph and, if assessed, paragraph (5)(a), and any certified nurse midwife supervised by such employee.
Page 20 of 32 CODING:
Participating physicians include any certified nurse midwife who has paid 50 percent of the physician assessment required by this paragraph and, if assessed, paragraph (5)(a) and who is supervised by a participating physician who has paid the assessment required by this paragraph and, if assessed, paragraph (5)(a).
Supervision for nurse midwives shall require that the supervising physician will be easily available and have a prearranged plan of treatment for specified patient problems which the supervised certified nurse midwife may carry out in the absence of any complicating features.
Any physician who elects to participate in such plan on or after January 1, 1989, Page 21 of 32 CODING:
Florida Senate - 2026 CS for CS for SB 1668 595-03410-26 20261668c2 who was not a participating physician at the time of such election to participate and who otherwise qualifies as a participating physician under ss.
Florida Senate - 2026 CS for SB 1668 601-03238-26 20261668c1 Participating physicians also include any employee of the board of trustees of a state university who has paid the assessment required by this paragraph and, if assessed, paragraph (5)(a), and any certified nurse midwife supervised by such employee.
Participating physicians include any certified nurse midwife who has paid 50 percent of the physician assessment required by this paragraph and, if assessed, paragraph (5)(a) and who is supervised by a participating physician who has paid the assessment required by this paragraph and, if assessed, paragraph (5)(a).
Supervision for nurse midwives shall require that the supervising physician will be easily available and have a prearranged plan of treatment for specified patient problems which the supervised certified nurse midwife may carry out in the absence of any complicating features.
Any physician who elects to participate in such plan on or after January 1, 1989, who was not a participating physician at the time of such election to participate and who otherwise qualifies as a participating physician under ss.
If the payment is received after January 31, the physician shall qualify as a participating physician for that calendar year only from the date the payment was received by the association.
If the payment is received after January 31, the physician shall qualify as a participating physician for that calendar Page 21 of 32 CODING:
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Florida Senate - 2026 CS for SB 1668 601-03238-26 20261668c1 year only from the date the payment was received by the association.
Each hospital shall file with the association an affidavit setting forth Page 22 of 32 CODING:
Each hospital shall file with the association an affidavit setting forth specifically the reasons why the hospital elected to make the payment on behalf of each participating physician and certified nurse midwife.
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Florida Senate - 2026 CS for CS for SB 1668 595-03410-26 20261668c2 specifically the reasons why the hospital elected to make the payment on behalf of each participating physician and certified nurse midwife.
If payment of the annual assessment by a physician is received by the association by January 31 of any calendar year, the physician shall qualify as a participating physician for that entire calendar year.
If payment of the annual assessment by a physician is received by the Page 22 of 32 CODING:
If the payment is received after January 31 of any calendar year, the physician shall qualify as a participating physician for that calendar year only from the date the payment was received by the association.
On January 1, 1991, and on each January 1 thereafter, the association shall determine the amount of additional assessments necessary pursuant to subsection (7), in the manner required by the plan of operation, subject to any increase determined to be necessary by the office of Insurance Regulation pursuant to paragraph (7)(b).
On July 1, 1991, and on each July 1 thereafter, the persons and entities listed in paragraphs (4)(b) and (c), except those persons or entities who are specifically excluded from such said provisions, shall pay the additional assessments which Page 23 of 32 CODING:
Florida Senate - 2026 CS for CS for SB 1668 595-03410-26 20261668c2 were determined on January 1.
Florida Senate - 2026 CS for SB 1668 601-03238-26 20261668c1 association by January 31 of any calendar year, the physician shall qualify as a participating physician for that entire calendar year.
If the payment is received after January 31 of any calendar year, the physician shall qualify as a participating physician for that calendar year only from the date the payment was received by the association.
On January 1, 1991, and on each January 1 thereafter, the association shall determine the amount of additional assessments necessary pursuant to subsection (7), in the manner required by the plan of operation, subject to any increase determined to be necessary by the office of Insurance Regulation pursuant to paragraph (7)(b).
On July 1, 1991, and on each July 1 thereafter, the persons and entities listed in paragraphs (4)(b) and (c), except those persons or entities who are specifically excluded from such said provisions, shall pay the additional assessments which were determined on January 1.
41, chapter 88-277, Laws of Florida, to the plan from the Insurance Regulatory Trust Fund are insufficient to maintain the plan on an actuarially sound basis, there is hereby appropriated for transfer to the association from the Insurance Regulatory Trust Fund an additional amount of up to $20 million.
41, chapter 88-277, Laws of Florida, to the plan from the Insurance Regulatory Trust Fund are insufficient to maintain the plan on an actuarially sound basis, there is hereby appropriated for transfer to the Page 23 of 32 CODING:
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Florida Senate - 2026 CS for SB 1668 601-03238-26 20261668c1 association from the Insurance Regulatory Trust Fund an additional amount of up to $20 million.
All annual assessments shall be made on the basis of net direct premiums written for the business activity that which forms the basis for each such entity’s inclusion as a funding source for the plan in the state during the prior year ending Page 24 of 32 CODING:
All annual assessments shall be made on the basis of net direct premiums written for the business activity that which forms the basis for each such entity’s inclusion as a funding source for the plan in the state during the prior year ending December 31, as reported to the office of Insurance Regulation, and shall be in the proportion that the net direct premiums written by each carrier on account of the business activity forming the basis for its inclusion in the plan bears to the aggregate net direct premiums for all such business activity written in this state by all such entities.
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Florida Senate - 2026 CS for CS for SB 1668 595-03410-26 20261668c2 December 31, as reported to the office of Insurance Regulation, and shall be in the proportion that the net direct premiums written by each carrier on account of the business activity forming the basis for its inclusion in the plan bears to the aggregate net direct premiums for all such business activity written in this state by all such entities.
(6)(a) The association shall make all assessments required by this section, except initial assessments of physicians newly licensed by the Department of Health, which assessments will be made by the Department of Health, and except assessments of casualty insurers pursuant to subparagraph (5)(c)1., which assessments will be made by the office of Insurance Regulation.
(6)(a) The association shall make all assessments required Page 24 of 32 CODING:
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Florida Senate - 2026 CS for SB 1668 601-03238-26 20261668c1 by this section, except initial assessments of physicians newly licensed by the Department of Health, which assessments will be made by the Department of Health, and except assessments of casualty insurers pursuant to subparagraph (5)(c)1., which assessments will be made by the office of Insurance Regulation.
The association is entitled to an award of attorney fees, costs, and interest upon the entry of a judgment against a physician for Page 25 of 32 CODING:
The association is entitled to an award of attorney fees, costs, and interest upon the entry of a judgment against a physician for failure to pay such assessment, with such interest accruing until paid.
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Florida Senate - 2026 CS for CS for SB 1668 595-03410-26 20261668c2 failure to pay such assessment, with such interest accruing until paid.
(c) The Agency for Health Care Administration shall, upon notification by the association that an assessment has not been timely paid, enforce collection of such assessments required to be paid by hospitals pursuant to ss.
(c) The Agency for Health Care Administration shall, upon Page 25 of 32 CODING:
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Florida Senate - 2026 CS for SB 1668 601-03238-26 20261668c1 notification by the association that an assessment has not been timely paid, enforce collection of such assessments required to be paid by hospitals pursuant to ss.
Following the initial valuation, the office of Insurance Page 26 of 32 CODING:
Following the initial valuation, the office of Insurance Regulation shall cause an actuarial valuation to be made of the assets and liabilities of the plan no less frequently than biennially.
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Florida Senate - 2026 CS for CS for SB 1668 595-03410-26 20261668c2 Regulation shall cause an actuarial valuation to be made of the assets and liabilities of the plan no less frequently than biennially.
(8) The association shall report to the Legislature its determination as to the annual cost of maintaining the fund on an actuarially sound basis.
(8) The association shall report to the Legislature its determination as to the annual cost of maintaining the fund on Page 26 of 32 CODING:
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Florida Senate - 2026 CS for SB 1668 601-03238-26 20261668c1 an actuarially sound basis.
Such information thereby obtained must shall be Page 27 of 32 CODING:
Such information thereby obtained must shall be utilized solely for the purpose of assisting the association and may shall not subject the hospital to any civil or criminal liability for the release thereof.
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words underlined are additions.
Florida Senate - 2026 CS for CS for SB 1668 595-03410-26 20261668c2 utilized solely for the purpose of assisting the association and may shall not subject the hospital to any civil or criminal liability for the release thereof.
(b) The association shall revise these estimates quarterly based upon the actual costs incurred and any additional information that becomes available to the association since the last review of this estimate.
Page 27 of 32 CODING:
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words underlined are additions.
Florida Senate - 2026 CS for SB 1668 601-03238-26 20261668c1 (b) The association shall revise these estimates quarterly based upon the actual costs incurred and any additional information that becomes available to the association since the last review of this estimate.
This section does not preclude the association from accepting any claim if the injury Page 28 of 32 CODING:
This section does not preclude the association from accepting any claim if the injury occurred 18 months or more before the effective date of this suspension.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2026 CS for CS for SB 1668 595-03410-26 20261668c2 occurred 18 months or more before the effective date of this suspension.
however, if the total of all current estimates exceeds such limits, the association must notify the Governor, the President of the Senate, the Speaker of the House of Representatives, the office, the Agency for Health Care Administration, and the Department of Health within 5 days after it makes such determination.
however, if the total of all current estimates exceeds such limits, the association must notify the Governor, the President of the Senate, the Speaker of the House of Representatives, the Page 28 of 32 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2026 CS for SB 1668 601-03238-26 20261668c1 office, the Agency for Health Care Administration, and the Department of Health within 5 days after it makes such determination.
notice of Page 29 of 32 CODING:
notice of meetings;
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2026 CS for CS for SB 1668 595-03410-26 20261668c2 meetings;
1.
Page 29 of 32 CODING:
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words underlined are additions.
Florida Senate - 2026 CS for SB 1668 601-03238-26 20261668c1 1.
(5) Notwithstanding this section, the board of directors may not create new benefits or expand existing benefits that result in additional costs to the plan if the plan is operating at an annual cash flow deficit, as documented in the plan’s Page 30 of 32 CODING:
(5) Notwithstanding this section, the board of directors may not create new benefits or expand existing benefits that result in additional costs to the plan if the plan is operating at an annual cash flow deficit, as documented in the plan’s audited financial statements for the prior fiscal year.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2026 CS for CS for SB 1668 595-03410-26 20261668c2 audited financial statements for the prior fiscal year.
This subsection does not prohibit the plan from providing benefits set forth in s.
766.31.
(8)(7) The association shall publish a report on its website by January 1 of each year.
(8)(7) The association shall publish a report on its Page 30 of 32 CODING:
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Florida Senate - 2026 CS for SB 1668 601-03238-26 20261668c1 website by January 1 of each year.
(9)(8) By November 1 of each year, the association shall Page 31 of 32 CODING:
(9)(8) By November 1 of each year, the association shall submit a report to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the Chief Financial Officer.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2026 CS for CS for SB 1668 595-03410-26 20261668c2 submit a report to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the Chief Financial Officer.
(d) Legislative recommendations to improve the program, including to create new benefits or expand current benefits for participants.
(d) Legislative recommendations to improve the program.
Recommendations creating new benefits or expanding current benefits must include estimates of the costs to the plan for providing such benefits on an annual basis.
(f) The amount of compensation paid to each association employee, independent contractor, or member of the board of directors.
(f) The amount of compensation paid to each association Page 31 of 32 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2026 CS for SB 1668 601-03238-26 20261668c1 employee, independent contractor, or member of the board of directors.
This act shall take effect upon becoming a law.
This act shall take effect July 1, 2026.
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How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill revises various provisions related to the Florida Birth-Related Neurological Injury Compensation Association and makes changes regarding eligibility, definitions, and responsibilities concerning compensation under the plan.

  • 409.910

    5. The Florida Birth-Related Neurological Injury Compensation Association for plan participant costs incurred under s. 766.31.

    This change requires the Florida Birth-Related Neurological Injury Compensation Association to reimburse certain medical costs incurred by Medicaid recipients.

  • 766.302

    “Claimant” means any person who files a claim pursuant to s. 766.305 for compensation for a birth-related neurological injury to an infant. → “Claimant” means any person who files a claim pursuant to s. 766.305 for compensation for a birth-related neurological injury to an infant. Such a claim may be filed by any legal representative on behalf of an injured infant; and, in the case of a deceased infant, the claim may be filed by an administrator, personal representative, or other legal representative thereof.

    This revision clarifies who can file claims related to birth-related neurological injuries.

  • 766.302

    “Family member” means a father, mother, or legal guardian. → “Family member” means a father, mother, or legal guardian.

    This change retains the definition of a family member without altering its meaning.

  • 766.302

    “Psychotherapeutic services for family members upon the death of a participant” means mental health treatment provided to family members of a participant who has died as a result of a birth-related neurological injury.

    This addition introduces coverage for psychotherapeutic services for family members after the death of a plan participant.

  • 766.303

    No such changes exist in this section.

    This section's exclusiveness of rights and remedies has been revised.

  • 766.31

    services eligible for compensation under certain annual benefits under the plan; → revising the expenses covered by an award for compensation under the plan; revising services eligible for compensation under certain annual benefits under the plan;

    This change modifies the scope of services that are covered under the compensation plan.

  • 766.31

    No compensation shall be provided for family residential or custodial care under certain circumstances; → prohibiting compensation under the plan for family residential or custodial care under certain circumstances;

    This change delineates specific conditions under which family residential or custodial care will not be compensated.

  • 766.314

    No such changes exist in this section.

    The requirements for the administration of assessments and appropriations related to the compensation plan have been revised.

  • 766.315

    No such changes exist in this section.

    Membership of the association's board of directors has been revised.

Action History

  1. Chapter No. 2026-127

  2. Approved by Governor

  3. Signed by Officers and presented to Governor

  4. Ordered engrossed, then enrolled

  5. CS passed as amended; YEAS 96, NAYS 2

  6. Amendment 771754 Concur

  7. Added to Senate Message List

  8. In Messages

  9. CS passed as amended; YEAS 39 NAYS 0 -SJ 859

  10. Concurred in House amendment(s) as amended (690561) -SJ 859

  11. Amendment(s) to House amendment(s) adopted (771754) -SJ 859

  12. In returning messages

  13. CS passed as amended; YEAS 112, NAYS 0

  14. Read 3rd time

  15. Added to Third Reading Calendar

  16. Amendment 690561 adopted

  17. Read 2nd time

  18. 1st Reading (Committee Substitute 2)

  19. Bill added to Special Order Calendar (3/10/2026)

  20. Bill referred to House Calendar

  21. In Messages

  22. CS passed; YEAS 37 NAYS 0 -SJ 611

  23. Read 3rd time -SJ 611

  24. Read 2nd time -SJ 611

  25. CS/CS by Rules read 1st time

  26. Placed on Special Order Calendar, 03/05/26

  27. Placed on Calendar, on 2nd reading

  28. Pending reference review -under Rule 4.7(2) - (Committee Substitute)

  29. CS/CS by- Rules; YEAS 22 NAYS 0

  30. CS by Appropriations Committee on Agriculture, Environment, and General Government read 1st time

  31. On Committee agenda-- Rules, 03/03/26, 9:00 am, 412 Knott Building

  32. Now in Rules

  33. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  34. CS by Appropriations Committee on Agriculture, Environment, and General Government; YEAS 7 NAYS 2

  35. On Committee agenda-- Appropriations Committee on Agriculture, Environment, and General Government, 02/25/26, 1:30 pm, 412 Knott Building

  36. Now in Appropriations Committee on Agriculture, Environment, and General Government

  37. Favorable by Banking and Insurance; YEAS 9 NAYS 1

  38. On Committee agenda-- Banking and Insurance, 01/28/26, 10:30 am, 412 Knott Building

  39. Introduced

  40. Referred to Banking and Insurance; Appropriations Committee on Agriculture, Environment, and General Government; Rules

  41. Filed

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 163 not signed on · 3 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

Show all 163 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Returning Messages

Passed 39 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democrat 10000
Republican 27000
Unaffiliated 1000
No Party Affiliation 1000
Total 39000
% of votes cast 100%0%0%0%
How each member voted (39)
Member Party Vote
Smith — Yea
Arrington, Kristen Aston Democrat Yea
Berman, Lori Democrat Yea
Bernard, Mack Democrat Yea
Davis, Tracie Democrat Yea
Davis, Tracie Democrat Yea
Jones, Shevrin D. "Shev" Democrat Yea
Osgood, Rosalind Democrat Yea
Polsky, Tina Scott Democrat Yea
Rouson, Darryl Ervin Democrat Yea
Sharief, Barbara Democrat Yea
Pizzo, Jason W. B. No Party Affiliation Yea
Albritton, Ben Republican Yea
Boyd, Jim Republican Yea
Bradley, Jennifer Republican Yea
Brodeur, Jason Republican Yea
Burgess, Danny Republican Yea
Burton, Colleen Republican Yea
Calatayud, Alexis Republican Yea
DiCeglie, Nick Republican Yea
Gaetz, Don Republican Yea
Garcia, Ileana Republican Yea
Grall, Erin Republican Yea
Gruters, Joe Republican Yea
Harrell, Gayle Republican Yea
Hooper, Ed Republican Yea
Leek, Thomas J. "Tom" Republican Yea
Martin, Jonathan Republican Yea
Massullo, Ralph E., Jr. Republican Yea
Mayfield, Debbie Republican Yea
McClain, Stan Republican Yea
Passidomo, Kathleen Republican Yea
Rodriguez, Ana Maria Republican Yea
Simon, Corey Republican Yea
Truenow, Keith L. Republican Yea
Trumbull, Jay Republican Yea
Vacant Republican Yea
Wright, Tom A. Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Passage, Third Reading

Passed 112 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Republican 81002
Democrat 30003
Unaffiliated 1000
Total 112005
% of votes cast 96%0%0%4%
How each member voted (117)
Member Party Vote
Tomkow — Yea
Alvarez, Jose Democrat Yea
Antone, Bruce Hadley Democrat Yea
Aristide, Wallace Democrat Yea
Bartleman, Robin Democrat Yea
Campbell, Daryl Democrat Not Voting
Chambliss, Kevin D. Democrat Yea
Cross, Lindsay Democrat Yea
Daley, Dan Democrat Yea
Daniels, Kimberly Democrat Yea
Driskell, Fentrice Democrat Yea
Dunkley, Lisa Democrat Not Voting
Edmonds, Jervonte "Tae" Democrat Yea
Eskamani, Dr. Anna V. Democrat Yea
Franklin II, Gallop Democrat Yea
Gantt, Ashley Viola Democrat Yea
Gottlieb, Michael "Mike" Democrat Yea
Harris, Jennifer "Rita" Democrat Yea
Hart-Lowman, Dianne "Ms Dee" Democrat Yea
Hinson, Yvonne Hayes Democrat Yea
Hunschofsky, Christine Democrat Yea
Joseph, Dotie Democrat Not Voting
Long, Rob Democrat Yea
López, Johanna Democrat Yea
Nixon, Angela "Angie" Democrat Yea
Rayner, Michele K. Democrat Yea
Robinson, Felicia Simone Democrat Yea
Rosenwald, Mitch Democrat Yea
Skidmore, Kelly Democrat Yea
Spencer, Leonard Democrat Yea
Tant, Allison Democrat Yea
Tendrich, Debra Democrat Yea
Woodson, Marie Paule Democrat Yea
Young, RaShon Democrat Yea
Abbott, Shane G. Republican Yea
Albert, Jon Republican Yea
Alvarez, Daniel Antonio "Danny" Republican Yea
Anderson, Adam Republican Yea
Andrade, Robert Alexander "Alex" Republican Yea
Baker, Jessica Republican Yea
Bankson, Douglas Michael "Doug" Republican Yea
Barnaby, Webster Republican Yea
Basabe, Fabián Republican Yea
Benarroch, Yvette Republican Yea
Berfield, Kimberly Republican Yea
Black, Dean Republican Yea
Blanco, Omar Republican Yea
Booth, Erika Republican Yea
Borrero, David Republican Yea
Botana, Adam Republican Yea
Boyles, Nathan Republican Yea
Brackett, Robert A. "Robbie" Republican Yea
Brannan III, Robert Charles "Chuck" Republican Yea
Buchanan, James Republican Yea
Busatta, Demi Republican Yea
Canady, Jennifer Republican Yea
Cassel, Hillary Republican Yea
Chamberlin, Ryan Republican Yea
Chaney, Linda Republican Yea
Cobb, Nan Republican Yea
Conerly, William "Bill" Republican Yea
Duggan, Wyman Republican Yea
Esposito, Tiffany Republican Yea
Fabricio, Tom Republican Yea
Garrison, Sam Republican Yea
Gentry, Richard Republican Yea
Gerwig, Anne Republican Yea
Giallombardo, Mike Republican Yea
Gonzalez Pittman, Karen Republican Yea
Gossett-Seidman, Peggy Republican Yea
Greco, Sam Republican Yea
Griffitts Jr., Philip Wayne "Griff" Republican Not Voting
Grow, J.J. Republican Yea
Hodgers, Brian Republican Yea
Holcomb, Jeff Republican Yea
Jacques, Berny Republican Yea
Johnson, Chad Republican Yea
Kendall, Kim Republican Yea
Kincart Jonsson, Jennifer Republican Yea
Koster, Traci Republican Yea
LaMarca, Chip Republican Yea
Maggard, Randall Scott "Randy" Republican Yea
Maney, Patt Republican Yea
McClure, Lawrence Republican Yea
McFarland, Fiona Republican Yea
Melo, Lauren Republican Yea
Michael, Kiyan Republican Yea
Miller, Monique Republican Yea
Mooney Jr., James Vernon "Jim" Republican Yea
Nix Jr., Danny Republican Yea
Oliver, Vanessa Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea
Owen, Michael Republican Yea
Partington, Bill Republican Yea
Perez, Daniel Republican Yea
Persons-Mulicka, Jenna Republican Yea
Plakon, Rachel Saunders Republican Yea
Plasencia, Susan Republican Not Voting
Porras, Juan Carlos Republican Yea
Redondo, Mike Republican Yea
Rizo, Alex Republican Yea
Robinson Jr., William Cloud "Will" Republican Yea
Salzman, Michelle Republican Yea
Sapp, Judson Republican Yea
Shoaf, Jason Republican Yea
Sirois, Tyler I. Republican Yea
Smith, David Republican Yea
Snyder, John Republican Yea
Stark, Paula A. Republican Yea
Steele, Kevin M. Republican Yea
Trabulsy, Dana Republican Yea
Tramont, Chase Republican Yea
Tuck, Kaylee Republican Yea
Valdés, Susan L. Republican Yea
Weinberger, Meg Republican Yea
Yarkosky, Taylor Michael Republican Yea
Yeager, Bradford Troy "Brad" Republican Yea

Official roll call →

Third Reading

Passed 37 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 9001
Republican 26001
Unaffiliated 1000
No Party Affiliation 1000
Total 37002
% of votes cast 95%0%0%5%
How each member voted (39)
Member Party Vote
Smith — Yea
Arrington, Kristen Aston Democrat Yea
Berman, Lori Democrat Yea
Bernard, Mack Democrat Yea
Davis, Tracie Democrat Yea
Davis, Tracie Democrat Not Voting
Jones, Shevrin D. "Shev" Democrat Yea
Osgood, Rosalind Democrat Yea
Polsky, Tina Scott Democrat Yea
Rouson, Darryl Ervin Democrat Yea
Sharief, Barbara Democrat Yea
Pizzo, Jason W. B. No Party Affiliation Yea
Albritton, Ben Republican Yea
Boyd, Jim Republican Yea
Bradley, Jennifer Republican Yea
Brodeur, Jason Republican Yea
Burgess, Danny Republican Yea
Burton, Colleen Republican Yea
Calatayud, Alexis Republican Yea
DiCeglie, Nick Republican Yea
Gaetz, Don Republican Yea
Garcia, Ileana Republican Yea
Grall, Erin Republican Yea
Gruters, Joe Republican Yea
Harrell, Gayle Republican Yea
Hooper, Ed Republican Yea
Leek, Thomas J. "Tom" Republican Yea
Martin, Jonathan Republican Yea
Massullo, Ralph E., Jr. Republican Yea
Mayfield, Debbie Republican Yea
McClain, Stan Republican Yea
Passidomo, Kathleen Republican Yea
Rodriguez, Ana Maria Republican Yea
Simon, Corey Republican Yea
Truenow, Keith L. Republican Yea
Trumbull, Jay Republican Yea
Vacant Republican Not Voting
Wright, Tom A. Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Favorable with Committee Substitute

Passed 7 Yea · 2 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 1101
Republican 6100
No Party Affiliation 0001
Total 7202
% of votes cast 64%18%0%18%
How each member voted (11)
Member Party Vote
Arrington, Kristen Aston Democrat Yea
Berman, Lori Democrat Nay
Sharief, Barbara Democrat Not Voting
Pizzo, Jason W. B. No Party Affiliation Not Voting
Brodeur, Jason Republican Yea
DiCeglie, Nick Republican Yea
Grall, Erin Republican Nay
Massullo, Ralph E., Jr. Republican Yea
McClain, Stan Republican Yea
Rodriguez, Ana Maria Republican Yea
Truenow, Keith L. Republican Yea

Official roll call →

Favorable

Passed 9 Yea · 1 Nay
Party YeaNayPresentNot Voting
Republican 6100
Democrat 2000
No Party Affiliation 1000
Total 9100
% of votes cast 90%10%0%0%
How each member voted (10)
Member Party Vote
Osgood, Rosalind Democrat Yea
Sharief, Barbara Democrat Yea
Pizzo, Jason W. B. No Party Affiliation Yea
Boyd, Jim Republican Yea
Burton, Colleen Republican Yea
Gruters, Joe Republican Yea
Hooper, Ed Republican Yea
Martin, Jonathan Republican Nay
Passidomo, Kathleen Republican Yea
Truenow, Keith L. Republican Yea

Official roll call →

Subjects

healthcare health-insurance
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Frequently asked questions

What does SB 1668 do?
Florida Birth-Related Neurological Injury Compensation Association; Requiring the Agency for Health Care Administration to recover from the Florida Birth-Related Neurological Injury Compensation Association specified costs incurred by Medicaid; revising the exclusiveness of rights and remedies of the Florida Birth-Related Neurological Injury Compensation Plan; revising services eligible for compensation under certain annual benefits under the plan; requiring family members of plan participants to continuously maintain certain health insurance coverage for the participant; revising requirements for the administration of assessments and appropriations dedicated to the Florida Birth-Related Neurological Injury Compensation Plan, etc.
Who sponsors SB 1668?
SB 1668 is sponsored by Burton, Colleen (Republican).
What is the current status of SB 1668?
This bill has been sent to the executive. Introduced January 09, 2026. It awaits signature.
Where can I track SB 1668?
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