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

31

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