Senate Bill 1484
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    Florida Senate - 1999                                  SB 1484
    By Senator Saunders
    25-1200-99
  1                      A bill to be entitled
  2         An act relating to victim compensation;
  3         amending s. 960.03, F.S.; providing
  4         definitions; amending s. 960.05, F.S.;
  5         prescribing the purposes of the Crime Victims'
  6         Services Office in the Department of Legal
  7         Affairs; amending s. 960.065, F.S.; prescribing
  8         eligibility criteria for awards granted under
  9         ch. 960, F.S.; amending s. 960.12, F.S.;
10         increasing the maximum amount of an emergency
11         award; amending s. 960.13, F.S.; prescribing
12         criteria applicable to awards; allowing the
13         department to establish, by rule, maximum award
14         amounts that are lower than the statutory
15         maximums; amending s. 960.14, F.S.; specifying
16         the circumstances in which the department may
17         modify or rescind previous awards for victim
18         compensation; creating s. 960.198, F.S.;
19         allowing the department to award to a victim of
20         domestic violence a sum of money which the
21         victim may use for relocating; providing
22         maximum amounts of such awards; providing
23         prerequisites; providing applicability;
24         providing an effective date.
25
26  Be It Enacted by the Legislature of the State of Florida:
27
28         Section 1.  Section 960.03, Florida Statutes, 1998
29  Supplement, is amended to read:
30         960.03  Definitions.--As used in ss. 960.01-960.28,
31  unless the context otherwise requires, the term:
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  1         (1)  "Catastrophic injury" means a permanent impairment
  2  constituted by:
  3         (a)  Spinal cord injury involving severe paralysis of
  4  an arm, a leg, or the trunk;
  5         (b)  Amputation of an arm, a hand, a foot, or a leg;
  6         (c)  Severe brain or closed-head injury as evidenced
  7  by:
  8         1.  Severe sensory or motor disturbances;
  9         2.  Severe communication disturbances;
10         3.  Severe complex integrated disturbances of cerebral
11  function;
12         4.  Severe episodic neurological disorders; or
13         5.  Other severe brain and closed-head injury
14  conditions at least as severe in nature as any condition
15  described in subparagraphs 1.-4.
16         (d)  Second-degree or third-degree burns on 25 percent
17  or more of the total body surface or third-degree burns on 5
18  percent or more of the face and hands;
19         (e)  Total or industrial blindness; or
20         (f)  Any other injury that would otherwise qualify
21  under this chapter and that is of a nature and severity that
22  would qualify an employee to receive disability income
23  benefits under Title II or supplemental security income
24  benefits under Title XVI of the Federal Social Security Act as
25  the Social Security Act existed on July 1, 1992, without
26  regard to any time limitations provided under that act.
27         (2)(1)  "Claimant" means the person on whose behalf an
28  award is sought.
29         (2)  "Department" means the Department of Legal
30  Affairs.
31         (3)  "Crime" means:
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  1         (a)  A felony or misdemeanor offense committed by
  2  either an adult or a juvenile which results in physical injury
  3  or death.  The term also includes any such criminal act which
  4  is committed within this state but which falls exclusively
  5  within federal jurisdiction.
  6         (b)  A violation of s. 316.193, s. 316.027(1), s.
  7  327.35(1), or s. 782.071(2), or s. 860.13(1)(a) which results
  8  in physical injury or death; however, no other act involving
  9  the operation of a motor vehicle, boat, or aircraft which
10  results in injury or death shall constitute a crime for the
11  purpose of this chapter unless the injury or death was
12  intentionally inflicted through the use of such vehicle, boat,
13  or aircraft or unless such vehicle, boat, or aircraft is an
14  implement of a crime to which this act applies.
15         (c)  A criminal act committed outside of this state
16  against a resident of this state which that would have been
17  compensable if it had occurred in this state and which that
18  occurred in a state that does not have an eligible crime
19  victim compensation program as the term is defined in the
20  federal Victims of Crime Act of 1984.
21         (d)  An act of mass violence or an act of international
22  terrorism, as defined in 18 U.S.C. s. 2331, which that is
23  committed outside of the territorial boundaries of the United
24  States upon a resident of this state, when such act results in
25  physical injury or death and the person is not eligible for
26  compensation under Title VIII of the Omnibus Diplomatic
27  Security and Antiterrorism Act of 1986.
28         (4)  "Crime Victims' Services Office" means the former
29  Bureau of Crimes Compensation and Victim and Witness Services,
30  now the Crime Victims' Services Office of the Department of
31  Legal Affairs.
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  1         (5)  "Department" means the Department of Legal
  2  Affairs.
  3         (6)(5)  "Disabled adult" means a person 18 years of age
  4  or older who suffers from a condition of physical or mental
  5  incapacitation due to a developmental disability or organic
  6  brain damage or mental limitations that restrict the person's
  7  ability to perform the normal activities of daily living.
  8         (7)(6)  "Elderly person" means a person 60 years of age
  9  or older who is suffering from the infirmities of aging as
10  manifested by advanced age or organic brain damage, or other
11  physical, mental, or emotional dysfunction, to the extent that
12  the ability of the person to provide adequately for his or her
13  own care or protection is impaired.
14         (8)(7)  "Hearing officer" means a hearing officer
15  designated by the Attorney General.
16         (9)(8)  "Intervenor" means any person who goes to the
17  aid of another and suffers bodily injury or death as a direct
18  result of acting, not recklessly, to prevent the commission of
19  a crime, to lawfully apprehend a person reasonably suspected
20  of having committed a crime, or to aid the victim of a crime.
21         (9)  "Victim" means:
22         (a)  A person who suffers personal physical injury or
23  death as a direct result of a crime; or
24         (b)  A person less than 16 years of age who was present
25  at the scene of a crime, saw or heard the crime, and suffered
26  a psychiatric or psychological injury because of the crime,
27  but who was not physically injured.
28         (10)  "Out-of-pocket loss" means unreimbursed and
29  unreimbursable expenses or indebtedness incurred for medical
30  care, nonmedical remedial care, psychological counseling, or
31  other treatment rendered in accordance with a religious method
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  1  of healing or for other services necessary as a result of the
  2  injury or death upon which such claim is based.
  3         (11)  "Property loss" means the loss of tangible
  4  personal property directly caused by a criminal or delinquent
  5  act of another.
  6         (12)  "Treatment" means:
  7         (a)  Medical, dental, psychological, mental health,
  8  chiropractic, or physical rehabilitation services;
  9         (b)  Nonmedical remedial care; or
10         (c)  Other treatment rendered in accordance with a
11  religious method of healing.
12         (13)  "Victim" means:
13         (a)  A person who suffers personal physical injury or
14  death as a direct result of a crime;
15         (b)  A person less than 16 years of age who was present
16  at the scene of a crime, saw or heard the crime, and suffered
17  a psychiatric or psychological injury because of the crime,
18  but who was not physically injured; or
19         (c)  A person against whom a forcible felony was
20  committed and who suffers a psychiatric or psychological
21  injury as a direct result of that crime but who does not
22  otherwise sustain a personal physical injury or death.
23         Section 2.  Paragraph (m) of subsection (2) of section
24  960.05, Florida Statutes, is amended to read:
25         960.05  Crime Victims' Services Office.--
26         (2)  The Crime Victims' Services Office is established
27  for the following purposes:
28         (m)  To require the submission of such medical records
29  as are required and, when necessary, to direct medical
30  examination of the victim or intervenor.
31
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  1         Section 3.  Section 960.065, Florida Statutes, is
  2  amended to read:
  3         960.065  Eligibility for awards.--
  4         (1)  Except as provided in subsection (2), the
  5  following persons shall be eligible for awards pursuant to
  6  this chapter:
  7         (a)  A victim.
  8         (b)  An intervenor.
  9         (c)  A surviving spouse, parent or guardian, sibling,
10  or child of a deceased victim or intervenor.
11         (d)  Any other person who is dependent for his or her
12  principal support upon a deceased victim or intervenor.
13         (2)  Any claim filed by or on behalf of a person who:
14         (a)  Committed or aided in the commission of the crime
15  upon which the claim for compensation was based; or
16         (b)  Was engaged in an unlawful activity at the time of
17  the crime upon which the claim for compensation is based;,
18         (c)  Was in custody or confined, regardless of
19  conviction, in a county or municipal detention facility, a
20  state or federal correctional facility, or a juvenile
21  detention or commitment facility at the time of the crime upon
22  which the claim for compensation is based;
23         (d)  Has been adjudicated as a habitual felony
24  offender, habitual violent offender, or violent career
25  criminal under s. 785.084; or
26         (e)  Has been adjudicated guilty of a forcible felony
27  offense as described in s. 776.08,
28
29  shall not be eligible for to receive an award with respect to
30  such claim.
31
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  1         (3)  No Payment may not shall be made under this
  2  chapter if the person who committed the crime upon which the
  3  claim is based will receive any direct or indirect financial
  4  benefit from such payment, unless such benefit is minimal or
  5  inconsequential.  Payment may shall not be denied based on the
  6  victim's familial relationship to the offender or based upon
  7  the sharing of a residence by the victim and offender, except
  8  to prevent unjust enrichment of the offender.
  9         Section 4.  Section 960.12, Florida Statutes, is
10  amended to read:
11         960.12  Emergency awards.--Notwithstanding the
12  provisions of s. 960.07, if it appears to the department that
13  such claim is one with respect to which an award probably will
14  be made, and that either the claimant is a recipient of
15  benefits under the Federal Social Security Act or undue
16  hardship will result to the claimant if immediate payment is
17  not made, the department may make an emergency award to the
18  claimant, pending a final decision in the case, on the
19  following conditions:
20         (1)  The amount of such emergency award may shall not
21  exceed $1,000 $500;
22         (2)  The amount of such emergency award shall be
23  deducted from any final award made to the claimant; and
24         (3)  The amount of such emergency award which is in
25  excess of the final award, or the full amount of the emergency
26  award if no final award is made, shall be repaid by the
27  claimant to the department.
28         Section 5.  Subsections (6) and (9) of section 960.13,
29  Florida Statutes, are amended to read:
30         960.13  Awards.--
31
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  1         (6)  Any award made pursuant to this chapter, except an
  2  award for loss of support, shall be reduced by the amount of
  3  any payments or services received or to be received by the
  4  claimant as a result of the injury or death:
  5         (a)  From or on behalf of the person who committed the
  6  crime; provided, however, that a restitution award ordered by
  7  a court to be paid to the claimant by the person who committed
  8  the crime shall not reduce any award made pursuant to this
  9  chapter unless it appears to the department that the claimant
10  will be unjustly enriched thereby.
11         (b)  From any other public or private source or
12  provider, including, but not limited to, an award of workers'
13  compensation pursuant to chapter 440.
14         (c)  From agencies mandated by other Florida statutes
15  to provide or pay for services, except as provided in s.
16  960.28.
17         (d)  From an emergency award under s. 960.12.
18         (9)(a)  An award may not exceed:
19         1.  Ten thousand dollars for treatment;
20         2.  Ten thousand dollars for continuing or periodic
21  mental health care of a minor victim whose normal emotional
22  development is adversely affected by being the victim of a
23  crime;
24         3.  A total of $25,000 for all compensable costs; or
25         4.  Fifty thousand dollars when the department makes a
26  written finding that the victim has suffered a catastrophic
27  injury as a direct result of the crime.
28         (b)  The department may adopt rules that establish
29  limits below the amounts set forth in paragraph (a) and
30  establish criteria governing awards for catastrophic injury. a
31  total of $15,000 for all compensable cost or losses.  However,
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  1  awards for treatment may not exceed $10,000.  The department
  2  may, by rule adopted pursuant to chapter 120, establish limits
  3  below $15,000 for awards for particular types of costs or
  4  losses. Any application filed on or after October 1, 1996,
  5  shall be governed under this section.
  6         (b)  A minor victim may receive continuing or periodic
  7  mental health care necessitated by the adverse impact of
  8  victimization upon normal emotional development, up to the
  9  maximum award of $10,000. After approval of the initial
10  application for an award to a minor victim, the minor victim
11  or the minor victim's legal guardian may submit supplemental
12  requests for additional victimization treatment as necessary.
13         Section 6.  Subsection (3) of section 960.14, Florida
14  Statutes, is amended to read:
15         960.14  Manner of payment; execution or attachment.--
16         (3)  The department may reconsider a claim at any time
17  and modify or rescind previous orders for compensation, based
18  upon a change in medical circumstances of a victim or
19  intervenor.
20         Section 7.  Section 960.198, Florida Statutes, is
21  created to read:
22         960.198  Relocation assistance for victims of domestic
23  violence.--
24         (1)  Notwithstanding the criteria set forth in s.
25  960.13 for crime victim compensation awards, the department
26  may award a one-time payment of up to $1,500 on any one claim
27  and a lifetime maximum of $3,000 to a victim of domestic
28  violence who needs immediate assistance to escape from a
29  domestic violence environment.
30         (2)  In order for an award to be granted to a victim
31  for relocation assistance:
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  1         (a)  There must be proof that a domestic violence
  2  offense was committed;
  3         (b)  The domestic violence offense must be reported to
  4  the proper authorities;
  5         (c)  The victim's need for assistance must be certified
  6  by a certified domestic violence shelter in this state; and
  7         (d)  The shelter certification must assert that the
  8  victim has sought injunctive relief under s. 741.30 and is
  9  cooperating with law enforcement officials, if applicable.
10         Section 8.  Subsection (2) of section 960.28, Florida
11  Statutes, is amended to read:
12         960.28  Payment for victims' initial forensic physical
13  examinations.--
14         (2)  The Crime Victims' Services Office of the
15  department shall pay for medical expenses connected with an
16  initial forensic physical examination of a victim who reports
17  a violation of chapter 794 or chapter 800 to a law enforcement
18  officer.  Such payment shall be made regardless of whether or
19  not the victim is covered by health or disability insurance.
20  The payment shall be made only out of moneys allocated to the
21  Crime Victims' Services Office for the purposes of this
22  section, and the payment may not exceed $250 $150 with respect
23  to any violation. Payment may not be made for an initial
24  forensic physical examination unless the law enforcement
25  officer certifies in writing that the initial forensic
26  physical examination is needed to aid in the investigation of
27  an alleged sexual offense and that the claimant is the alleged
28  victim of the offense. The department shall develop and
29  maintain separate protocols for the initial forensic physical
30  examination of adults and children. Payment under this section
31  is limited to medical expenses connected with the initial
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  1  forensic physical examination, and payment may be made to a
  2  medical provider using an examiner qualified under chapter
  3  464, excluding s. 464.003(5); chapter 458; or chapter 459.
  4  Payment made to the medical provider by the department shall
  5  be considered by the provider as payment in full for the
  6  initial forensic physical examination associated with the
  7  collection of evidence. The victim may not be required to pay,
  8  directly or indirectly, the cost of an initial forensic
  9  physical examination performed in accordance with this
10  section.
11         Section 9.  This act applies with respect to crimes
12  committed on or after January 1, 2000, and the law existing at
13  the time the crime was committed governs with respect to
14  crimes committed before that date.
15         Section 10.  This act shall take effect January 1,
16  2000.
17
18            *****************************************
19                          SENATE SUMMARY
20    Amends provisions relating to victim compensation. Amends
      the purposes of the Crime Victims' Services Office in the
21    Department of Legal Affairs. Amends eligibility criteria
      for awards of victim compensation. Increases the maximum
22    amount of an emergency award from $500 to $1,000. Amends
      criteria applicable to awards. Allows the department to
23    establish, by rule, limits on the maximum amounts of
      awards which are lower than the statutory limits. Amends
24    the description of circumstances in which the department
      may modify or rescind previous awards for victim
25    compensation. Allows the department to award moneys that
      victims may use for relocating. Provides a one-time
26    maximum of $1,500 and a lifetime maximum of $3,000 for
      such awards given to any one victim. Provides conditions
27    prerequisite to granting an award for relocation
      assistance.
28
29
30
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