House Bill 0813

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    Florida House of Representatives - 1999                 HB 813

        By Representatives Kosmas and Heyman






  1                      A bill to be entitled

  2         An act relating to victim assistance; amending

  3         s. 960.045, F.S., relating to powers and duties

  4         of the Department of Legal Affairs under the

  5         Florida Crimes Compensation Act; requiring the

  6         department to have a criminal history record

  7         check performed through the Florida Crime

  8         Information Center system on any victim or

  9         other claimant on whose behalf an award is

10         sought under that act; amending s. 960.065,

11         F.S., relating to eligibility for awards;

12         providing that a person who has a criminal

13         history of having committed a felony in this

14         state, or of having committed a misdemeanor in

15         this state within 10 years of seeking the

16         award, is ineligible for an award; amending s.

17         960.12, F.S., relating to emergency awards;

18         prescribing as a condition for making an

19         emergency award that the victim or other

20         claimant does not have such criminal history;

21         amending s. 960.195, F.S.; prescribing as an

22         additional condition for an award to an elderly

23         person or disabled adult for property loss that

24         the claimant does not have such criminal

25         history; amending s. 960.21, F.S., relating to

26         the Crimes Compensation Trust Fund; specifying

27         that payments to any victim or other claimant

28         who has such criminal history do not constitute

29         payments of necessary and proper expenses and

30         claims out of the Crimes Compensation Trust

31         Fund; providing an effective date.

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    Florida House of Representatives - 1999                 HB 813

    582-109-99






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

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  3         Section 1.  Subsection (3) is added to section 960.045,

  4  Florida Statutes, 1998 Supplement, to read:

  5         960.045  Department of Legal Affairs; powers and

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

  7  persons who are victims of crime.

  8         (1)  The department shall:

  9         (a)  Establish and maintain an office in Tallahassee

10  and prescribe the duties of the employees of the Crime

11  Victims' Services Office.

12         (b)  Adopt rules pursuant to ss. 120.536(1) and 120.54

13  to implement the provisions of this chapter.

14         (c)  Render, prior to January 1 of each year, to the

15  presiding officers of the Senate and House of Representatives

16  a written report of the activities of the Crime Victims'

17  Services Office.

18         (d)  Authorize other units within the department to

19  assist in carrying out the provisions of this chapter.

20         (2)  The department shall provide the Crime Victims'

21  Services Office with legal representation relative to its

22  duties and responsibilities under this chapter.

23         (3)  The department shall have a criminal history

24  record check performed through the Florida Crime Information

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

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

27         Section 2.  Section 960.065, Florida Statutes, is

28  amended to read:

29         960.065  Eligibility for awards.--

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    Florida House of Representatives - 1999                 HB 813

    582-109-99






  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, sibling, or child of a

  7  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 person who:

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

12  upon which the claim was based; or

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

14  the crime upon which the claim is based; or,

15         (c)  Has a criminal history of ever having committed a

16  felony in this state, or of having committed a misdemeanor in

17  this state within the 10-year period before the claim was

18  sought,

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20  shall not be eligible to receive an award with respect to such

21  claim.

22         (3)  No payment shall be made under this chapter if the

23  person who committed the crime upon which the claim is based

24  will receive any direct or indirect financial benefit from

25  such payment, unless such benefit is minimal or

26  inconsequential.  Payment shall not be denied based on the

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

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

29  to prevent unjust enrichment of the offender.

30         Section 3.  Section 960.12, Florida Statutes, is

31  amended to read:

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    Florida House of Representatives - 1999                 HB 813

    582-109-99






  1         960.12  Emergency awards.--Notwithstanding the

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

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

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

  5  benefits under the Federal Social Security Act or undue

  6  hardship will result to the claimant if immediate payment is

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

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

  9  following conditions:

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

11  exceed $500;

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

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

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

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

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

17  claimant to the department; and.

18         (4)  The claimant does not have a criminal history of

19  ever having committed a felony in this state, or of having

20  committed a misdemeanor in this state within the 10-year

21  period before the claim was sought, as verified through a

22  criminal history records check performed through the Florida

23  Crime Information Center system pursuant to s. 960.045.

24         Section 4.  Section 960.195, Florida Statutes, is

25  amended to read:

26         960.195  Awards to elderly persons or disabled adults

27  for property loss.--Notwithstanding the criteria in s. 960.13,

28  for crime victim compensation awards, the department may award

29  a maximum of $500 to elderly persons or disabled adults who

30  suffer a property loss that causes a substantial diminution in

31  their quality of life when:

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    Florida House of Representatives - 1999                 HB 813

    582-109-99






  1         (1)  There is proof that a criminal or delinquent act

  2  was committed;

  3         (2)  The criminal or delinquent act is reported to law

  4  enforcement authorities within 72 hours;

  5         (3)  The victim cooperates with law enforcement

  6  authorities in the investigation of the criminal or delinquent

  7  act;

  8         (4)  There is proof that the tangible personal property

  9  in question belonged to the claimant;

10         (5)  The claimant did not contribute to the criminal or

11  delinquent act;

12         (6)  There is no other source of reimbursement or

13  indemnification available to the claimant; and

14         (7)  The claimant would not be able to replace the

15  tangible personal property in question without incurring a

16  serious financial hardship; and.

17         (8)  The claimant does not have a criminal history of

18  ever having committed a felony in this state, or of having

19  committed a misdemeanor in this state within the 10-year

20  period before the claim was sought, as verified through a

21  criminal history records check performed through the Florida

22  Crime Information Center system pursuant to s. 960.045.

23         Section 5.  Section 960.21, Florida Statutes, is

24  amended to read:

25         960.21  Crimes Compensation Trust Fund.--

26         (1)  There is created a special fund, to be known as

27  the "Crimes Compensation Trust Fund," for the purpose of

28  providing for the payment of all necessary and proper expenses

29  incurred by the operation of the department and the payment of

30  claims.  The department shall administer the Crimes

31  Compensation Trust Fund.

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    Florida House of Representatives - 1999                 HB 813

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  1         (2)  The moneys placed in the Crimes Compensation Trust

  2  Fund shall consist of all moneys appropriated by the

  3  Legislature for the purpose of compensating the victims of

  4  crime and other claimants under this act, and of moneys

  5  recovered on behalf of the department by subrogation or other

  6  action, recovered through restitution, received from the

  7  Federal Government, received from additional court costs,

  8  received from fines, or received from any other public or

  9  private source.

10         (3)  All administrative costs of this chapter and the

11  service charge provided for in chapter 215 shall be paid out

12  of moneys collected pursuant to this chapter and deposited in

13  the Crimes Compensation Trust Fund.

14         (4) Payments of necessary and proper expenses and of

15  claims out of the Crimes Compensation Trust Fund, as described

16  in subsection (1), do not include, and may not be construed to

17  authorize, payments to a claimant who has a criminal history

18  of ever having committed a felony in this state, or of having

19  committed a misdemeanor in this state within the 10-year

20  period before the claim was sought.

21         Section 6.  This act shall take effect July 1, 1999.

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    Florida House of Representatives - 1999                 HB 813

    582-109-99






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  2                          HOUSE SUMMARY

  3
      Revises the Florida Crimes Compensation Act. Requires the
  4    Department of Legal Affairs to have a criminal history
      record check performed through the Florida Crime
  5    Information Center system on any victim or other claimant
      on whose behalf an award is sought under that act.
  6    Provides that a person who has a criminal history of
      having committed a felony in this state, or of having
  7    committed a misdemeanor in this state within 10 years of
      seeking the award, is ineligible for an award.
  8    Prescribes as a condition for making an emergency award
      that the victim or other claimant does not have such
  9    criminal history. Prescribes as an additional condition
      for an award to an elderly person or disabled adult for
10    property loss that the claimant does not have such
      criminal history. Specifies that payments to any victim
11    or other claimant who has such criminal history do not
      constitute payments of necessary and proper expenses and
12    claims out of the Crimes Compensation Trust Fund.

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