House Bill 1779e1

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                                       CS/HB 1779, First Engrossed



  1                      A bill to be entitled

  2         An act relating to victim assistance and

  3         compensation; amending s. 960.001, F.S.;

  4         providing for the assertion of a victim's

  5         rights as provided by law or the State

  6         Constitution; amending s. 960.03, F.S.;

  7         providing definitions; amending s. 960.05,

  8         F.S.; prescribing the purposes of the Crime

  9         Victims' Services Office in the Department of

10         Legal Affairs; amending s. 960.065, F.S.;

11         prescribing eligibility criteria for awards

12         granted under ch. 960, F.S.; amending s.

13         960.12, F.S.; increasing the maximum amount of

14         an emergency award; providing an additional

15         criteria for the denial of an award; amending

16         s. 960.13, F.S.; prescribing criteria

17         applicable to awards; allowing the department

18         to establish, by rule, maximum award amounts

19         that are lower than the statutory maximums;

20         amending s. 960.14, F.S.; specifying the

21         circumstances in which the department may

22         modify or rescind previous awards for victim

23         compensation; creating s. 960.198, F.S.;

24         allowing the department to award to a victim of

25         domestic violence a sum of money which the

26         victim may use for relocating; providing

27         maximum amounts of such awards; providing

28         prerequisites; amending s. 960.28, F.S.;

29         increasing the limit on payment for victims'

30         examination expenses by the office; amending s.

31         960.045, F.S.; authorizing the Department of


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                                       CS/HB 1779, First Engrossed



  1         Legal Affairs to perform and criminal history

  2         check on certain victims or other claimants;

  3         establishing criteria governing certain awards;

  4         providing effective dates.

  5

  6  Be It Enacted by the Legislature of the State of Florida:

  7

  8         Section 1.  Subsections (7) and (8) of section 960.001,

  9  Florida Statutes, 1998 Supplement, are renumbered as

10  subsections (8) and (9), respectively, and a new subsection

11  (7) is added to said section to read:

12         960.001  Guidelines for fair treatment of victims and

13  witnesses in the criminal justice and juvenile justice

14  systems.--

15         (7)  The victim of a crime and the state attorney, with

16  the consent of the victim, have standing to assert the rights

17  of a crime victim which are provided by law or s. 16(b), Art.

18  I of the State Constitution.

19         Section 2.  Section 960.03, Florida Statutes, 1998

20  Supplement, is amended to read:

21         960.03  Definitions.--As used in ss. 960.01-960.28,

22  unless the context otherwise requires, the term:

23         (1)  "Catastrophic injury" means a permanent impairment

24  constituted by:

25         (a)  Spinal cord injury involving severe paralysis of

26  an arm, a leg, or the trunk;

27         (b)  Amputation of an arm, a hand, a foot, or a leg;

28         (c)  Severe brain or closed-head injury as evidenced

29  by:

30         1.  Severe sensory or motor disturbances;

31         2.  Severe communication disturbances;


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                                       CS/HB 1779, First Engrossed



  1         3.  Severe complex integrated disturbances of cerebral

  2  function;

  3         4.  Severe episodic neurological disorders; or

  4         5.  Other severe brain and closed-head injury

  5  conditions at least as severe in nature as any condition

  6  described in subparagraphs 1.-4.;

  7         (d)  Second-degree or third-degree burns on 25 percent

  8  or more of the total body surface or third-degree burns on 5

  9  percent or more of the face and hands;

10         (e)  Total or industrial blindness; or

11         (f)  Any other injury that would otherwise qualify

12  under this chapter and that is of a nature and severity that

13  would qualify an employee to receive disability income

14  benefits under Title II or supplemental security income

15  benefits under Title XVI of the Federal Social Security Act as

16  the Social Security Act existed on July 1, 1992, without

17  regard to any time limitations provided under that act.

18         (2)(1)  "Claimant" means the person on whose behalf an

19  award is sought.

20         (2)  "Department" means the Department of Legal

21  Affairs.

22         (3)  "Crime" means:

23         (a)  A felony or misdemeanor offense committed by

24  either an adult or a juvenile which results in physical injury

25  or death.  The term also includes any such criminal act which

26  is committed within this state but which falls exclusively

27  within federal jurisdiction.

28         (b)  A violation of s. 316.193, s. 316.027(1), s.

29  327.35(1), or s. 782.071(2), or s. 860.13(1)(a) which results

30  in physical injury or death; however, no other act involving

31  the operation of a motor vehicle, boat, or aircraft which


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                                       CS/HB 1779, First Engrossed



  1  results in injury or death shall constitute a crime for the

  2  purpose of this chapter unless the injury or death was

  3  intentionally inflicted through the use of such vehicle, boat,

  4  or aircraft or unless such vehicle, boat, or aircraft is an

  5  implement of a crime to which this act applies.

  6         (c)  A criminal act committed outside of this state

  7  against a resident of this state which that would have been

  8  compensable if it had occurred in this state and which that

  9  occurred in a state that does not have an eligible crime

10  victim compensation program as the term is defined in the

11  federal Victims of Crime Act of 1984.

12         (d)  An act of mass violence or an act of international

13  terrorism, as defined in 18 U.S.C. s. 2331, which that is

14  committed outside of the territorial boundaries of the United

15  States upon a resident of this state, when such act results in

16  physical injury or death and the person is not eligible for

17  compensation under Title VIII of the Omnibus Diplomatic

18  Security and Antiterrorism Act of 1986.

19         (4)  "Crime Victims' Services Office" means the former

20  Bureau of Crimes Compensation and Victim and Witness Services,

21  now the Crime Victims' Services Office of the Department of

22  Legal Affairs.

23         (5)  "Department" means the Department of Legal

24  Affairs.

25         (6)(5)  "Disabled adult" means a person 18 years of age

26  or older who suffers from a condition of physical or mental

27  incapacitation due to a developmental disability or organic

28  brain damage or mental limitations that restrict the person's

29  ability to perform the normal activities of daily living.

30         (7)(6)  "Elderly person" means a person 60 years of age

31  or older who is suffering from the infirmities of aging as


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                                       CS/HB 1779, First Engrossed



  1  manifested by advanced age or organic brain damage, or other

  2  physical, mental, or emotional dysfunction, to the extent that

  3  the ability of the person to provide adequately for his or her

  4  own care or protection is impaired.

  5         (8)(7)  "Hearing officer" means a hearing officer

  6  designated by the Attorney General.

  7         (9)(8)  "Intervenor" means any person who goes to the

  8  aid of another and suffers bodily injury or death as a direct

  9  result of acting, not recklessly, to prevent the commission of

10  a crime, to lawfully apprehend a person reasonably suspected

11  of having committed a crime, or to aid the victim of a crime.

12         (9)  "Victim" means:

13         (a)  A person who suffers personal physical injury or

14  death as a direct result of a crime; or

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.

19         (10)  "Out-of-pocket loss" means unreimbursed and

20  unreimbursable expenses or indebtedness incurred for medical

21  care, nonmedical remedial care, psychological counseling, or

22  other treatment rendered in accordance with a religious method

23  of healing or for other services necessary as a result of the

24  injury or death upon which such claim is based.

25         (11)  "Property loss" means the loss of tangible

26  personal property directly caused by a criminal or delinquent

27  act of another.

28         (12)  "Treatment" means:

29         (a)  Medical, dental, psychological, mental health,

30  chiropractic, or physical rehabilitation services;

31         (b)  Nonmedical remedial care; or


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                                       CS/HB 1779, First Engrossed



  1         (c)  Other treatment rendered in accordance with a

  2  religious method of healing.

  3         (13)  "Victim" means:

  4         (a)  A person who suffers personal physical injury or

  5  death as a direct result of a crime;

  6         (b)  A person less than 16 years of age who was present

  7  at the scene of a crime, saw or heard the crime, and suffered

  8  a psychiatric or psychological injury because of the crime,

  9  but who was not physically injured; or

10         (c)  A person against whom a forcible felony was

11  committed and who suffers a psychiatric or psychological

12  injury as a direct result of that crime but who does not

13  otherwise sustain a personal physical injury or death.

14         Section 3.  Paragraphs (k) and (m) of subsection (2) of

15  section 960.05, Florida Statutes, are amended to read:

16         960.05  Crime Victims' Services Office.--

17         (2)  The Crime Victims' Services Office is established

18  for the following purposes:

19         (k)  To receive request from the state attorney or from

20  the law enforcement agencies involved such investigation and

21  data, including confidential records, as will enable the

22  department to determine if, in fact, a crime was committed or

23  attempted, and the extent, if any, to which the victim or

24  claimant was responsible for his or her own injury or death.

25         (m)  To require the submission of such medical records

26  as are required and, when necessary, to direct medical

27  examination of the victim or intervenor.

28         Section 4.  Section 960.065, Florida Statutes, is

29  amended to read:

30         960.065  Eligibility for awards.--

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                                       CS/HB 1779, First Engrossed



  1         (1)  Except as provided in subsection (2), the

  2  following persons shall be eligible for awards pursuant to

  3  this chapter:

  4         (a)  A victim.

  5         (b)  An intervenor.

  6         (c)  A surviving spouse, parent or guardian, sibling,

  7  or child of a deceased victim or intervenor.

  8         (d)  Any other person who is dependent for his or her

  9  principal support upon a deceased victim or intervenor.

10         (2)  Any claim filed by or on behalf of a person who:

11         (a)  Committed or aided in the commission of the crime

12  upon which the claim for compensation was based; or

13         (b)  Was engaged in an unlawful activity at the time of

14  the crime upon which the claim for compensation is based;,

15         (c)  Was in custody or confined, regardless of

16  conviction, in a county or municipal detention facility, a

17  state or federal correctional facility, or a juvenile

18  detention or commitment facility at the time of the crime upon

19  which the claim for compensation is based;

20         (d)  Has been adjudicated as a habitual felony

21  offender, habitual violent offender, or violent career

22  criminal under s. 785.084; or

23         (e)  Has been adjudicated guilty of a forcible felony

24  offense as described in s. 776.08,

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26  shall not be eligible for to receive an award with respect to

27  such claim.

28         (3)  Any claim filed by or on behalf of a person who

29  was in custody or confined, regardless of adjudication, in a

30  county or municipal facility, a state or federal correctional

31  facility, or a juvenile detention, commitment, or assessment


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                                       CS/HB 1779, First Engrossed



  1  facility at the time of the crime upon which the claim is

  2  based, who has been adjudicated as a habitual felony offender

  3  under s. 775.084, or who has been adjudicated guilty of a

  4  forcible felony offense as described in s. 776.08, shall not

  5  be eligible for an award. Notwithstanding the foregoing, upon

  6  a finding by the Crime Victims' Services Office of the

  7  existence of mitigating or special circumstances that would

  8  render such a disqualification unjust, an award may be

  9  approved. A decision that mitigating or special circumstances

10  do not exist in a case subject to this section shall not

11  constitute final agency action subject to review pursuant to

12  ss. 120.569 and 120.57.

13         (4)(3)  No Payment may not shall be made under this

14  chapter if the person who committed the crime upon which the

15  claim is based will receive any direct or indirect financial

16  benefit from such payment, unless such benefit is minimal or

17  inconsequential.  Payment may shall not be denied based on the

18  victim's familial relationship to the offender or based upon

19  the sharing of a residence by the victim and offender, except

20  to prevent unjust enrichment of the offender.

21         Section 5.  Section 960.12, Florida Statutes, is

22  amended to read:

23         960.12  Emergency awards.--Notwithstanding the

24  provisions of s. 960.07, if it appears to the department that

25  such claim is one with respect to which an award probably will

26  be made, and that either the claimant is a recipient of

27  benefits under the Federal Social Security Act or undue

28  hardship will result to the claimant if immediate payment is

29  not made, the department may make an emergency award to the

30  claimant, pending a final decision in the case, on the

31  following conditions:


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                                       CS/HB 1779, First Engrossed



  1         (1)  The amount of such emergency award may shall not

  2  exceed $1,000 $500;

  3         (2)  The amount of such emergency award shall be

  4  deducted from any final award made to the claimant; and

  5         (3)  The amount of such emergency award which is in

  6  excess of the final award, or the full amount of the emergency

  7  award if no final award is made, shall be repaid by the

  8  claimant to the department.

  9         (4)  The claimant has not been adjudicated guilty of a

10  forcible felony, as verified through a criminal history

11  records check performed through the Florida Crime Information

12  Center system pursuant to s. 960.045.

13         Section 6.  Paragraph (b) of subsection (1) and

14  subsections (6) and (9) of section 960.13, Florida Statutes,

15  are amended to read:

16         960.13  Awards.--

17         (1)

18         (b)  In no case may an award be made when the record

19  shows that such report was made more than 72 hours after the

20  occurrence of such crime unless the department, for good cause

21  shown, finds the delay to have been justified. The department,

22  upon finding that any claimant or award recipient has not duly

23  cooperated with the state attorney, all law enforcement

24  agencies, and the department, may deny, reduce, or withdraw

25  any award, as the case may be.

26         (6)  Any award made pursuant to this chapter, except an

27  award for loss of support, shall be reduced by the amount of

28  any payments or services received or to be received by the

29  claimant as a result of the injury or death:

30         (a)  From or on behalf of the person who committed the

31  crime; provided, however, that a restitution award ordered by


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                                       CS/HB 1779, First Engrossed



  1  a court to be paid to the claimant by the person who committed

  2  the crime shall not reduce any award made pursuant to this

  3  chapter unless it appears to the department that the claimant

  4  will be unjustly enriched thereby.

  5         (b)  From any other public or private source or

  6  provider, including, but not limited to, an award of workers'

  7  compensation pursuant to chapter 440.

  8         (c)  From agencies mandated by other Florida statutes

  9  to provide or pay for services, except as provided in s.

10  960.28.

11         (d)  From an emergency award under s. 960.12.

12         (9)(a)  An award may not exceed:

13         1.  Ten thousand dollars for treatment;

14         2.  Ten thousand dollars for continuing or periodic

15  mental health care of a minor victim whose normal emotional

16  development is adversely affected by being the victim of a

17  crime;

18         3.  A total of $25,000 for all compensable costs; or

19         4.  Fifty thousand dollars when the department makes a

20  written finding that the victim has suffered a catastrophic

21  injury as a direct result of the crime.

22         (b)  The department may adopt rules that establish

23  limits below the amounts set forth in paragraph (a) and

24  establish criteria governing awards for catastrophic injury. a

25  total of $15,000 for all compensable cost or losses.  However,

26  awards for treatment may not exceed $10,000.  The department

27  may, by rule adopted pursuant to chapter 120, establish limits

28  below $15,000 for awards for particular types of costs or

29  losses. Any application filed on or after October 1, 1996,

30  shall be governed under this section.

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                                       CS/HB 1779, First Engrossed



  1         (b)  A minor victim may receive continuing or periodic

  2  mental health care necessitated by the adverse impact of

  3  victimization upon normal emotional development, up to the

  4  maximum award of $10,000. After approval of the initial

  5  application for an award to a minor victim, the minor victim

  6  or the minor victim's legal guardian may submit supplemental

  7  requests for additional victimization treatment as necessary.

  8         Section 7.  Subsection (3) of section 960.14, Florida

  9  Statutes, is amended to read:

10         960.14  Manner of payment; execution or attachment.--

11         (3)  The department may reconsider a claim at any time

12  and modify or rescind previous orders for compensation, based

13  upon a change in medical circumstances of a victim or

14  intervenor.

15         Section 8.  Section 960.198, Florida Statutes, is

16  created to read:

17         960.198  Relocation assistance for victims of domestic

18  violence.--

19         (1)  Notwithstanding the criteria set forth in s.

20  960.13 for crime victim compensation awards, the department

21  may award a one-time payment of up to $1,500 on any one claim

22  and a lifetime maximum of $3,000 to a victim of domestic

23  violence who needs immediate assistance to escape from a

24  domestic violence environment.

25         (2)  In order for an award to be granted to a victim

26  for relocation assistance:

27         (a)  There must be proof that a domestic violence

28  offense was committed;

29         (b)  The domestic violence offense must be reported to

30  the proper authorities;

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                                       CS/HB 1779, First Engrossed



  1         (c)  The victim's need for assistance must be certified

  2  by a certified domestic violence center in this state; and

  3         (d)  The center certification must assert that the

  4  victim is cooperating with law enforcement officials, if

  5  applicable, and must include documentation that the victim has

  6  developed a safety plan.

  7         Section 9.  Subsection (2) of section 960.28, Florida

  8  Statutes, is amended to read:

  9         960.28  Payment for victims' initial forensic physical

10  examinations.--

11         (2)  The Crime Victims' Services Office of the

12  department shall pay for medical expenses connected with an

13  initial forensic physical examination of a victim who reports

14  a violation of chapter 794 or chapter 800 to a law enforcement

15  officer.  Such payment shall be made regardless of whether or

16  not the victim is covered by health or disability insurance.

17  The payment shall be made only out of moneys allocated to the

18  Crime Victims' Services Office for the purposes of this

19  section, and the payment may not exceed $250 $150 with respect

20  to any violation. Payment may not be made for an initial

21  forensic physical examination unless the law enforcement

22  officer certifies in writing that the initial forensic

23  physical examination is needed to aid in the investigation of

24  an alleged sexual offense and that the claimant is the alleged

25  victim of the offense. The department shall develop and

26  maintain separate protocols for the initial forensic physical

27  examination of adults and children. Payment under this section

28  is limited to medical expenses connected with the initial

29  forensic physical examination, and payment may be made to a

30  medical provider using an examiner qualified under chapter

31  464, excluding s. 464.003(5); chapter 458; or chapter 459.


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                                       CS/HB 1779, First Engrossed



  1  Payment made to the medical provider by the department shall

  2  be considered by the provider as payment in full for the

  3  initial forensic physical examination associated with the

  4  collection of evidence. The victim may not be required to pay,

  5  directly or indirectly, the cost of an initial forensic

  6  physical examination performed in accordance with this

  7  section.

  8         Section 10.  Subsections (3) and (4) are added to

  9  section 960.045, Florida Statutes, 1998 Supplement, to read:

10         960.045  Department of Legal Affairs; powers and

11  duties.--It shall be the duty of the department to assist

12  persons who are victims of crime.

13         (3)  The department shall have a criminal history

14  record check performed through the Florida Crime Information

15  Center system on any victim or other claimant on whose behalf

16  an award is sought under ss. 960.01-960.28.

17         (4)  Establish criteria governing awards for

18  catastrophic injury as a direct result of a crime.

19         Section 11.  This act shall take effect January 1,

20  2000, except that section 1 of this act shall take effect upon

21  becoming a law.

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