CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. SB 2500

    Amendment No. 2

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                

 5

 6

 7

 8

 9

10                                                                

11  The Committee on Criminal Justice recommended the following

12  amendment:

13

14         Senate Amendment (with title amendment) 

15         On page 2, lines 14-29, delete those lines

16

17  and insert:

18         Section 2.  Section 960.07, Florida Statutes, is

19  amended to read:

20         960.07  Filing of claims for compensation.--

21         (1)  A claim for compensation may be filed by a person

22  eligible for compensation as provided in s. 960.065 or, if

23  such person is a minor, by his or her parent or guardian or,

24  if the person entitled to make a claim is mentally

25  incompetent, by the person's guardian or such other individual

26  authorized to administer his or her estate.

27         (2)  Except as provided in subsection (3), a claim must

28  be filed not later than 1 year after:

29         (a)  The occurrence of the crime upon which the claim

30  is based.

31         (b)  The death of the victim or intervenor.

                                  1
    6:31 PM   04/04/00                                 s2500.cj.02




                                                  SENATE AMENDMENT

    Bill No. SB 2500

    Amendment No. 2





 1         (c)  The death of the victim or intervenor is

 2  determined to be the result of a crime, and the crime occurred

 3  after June 30, 1994.

 4

 5  However, for good cause the department may extend the time for

 6  filing for a period not exceeding 2 years after such

 7  occurrence.

 8         (3)  Notwithstanding the provisions of subsection (2)

 9  and regardless of when the crime occurred, if the victim or

10  intervenor was under the age of 18 at the time the crime upon

11  which the claim is based occurred, a claim may be filed in

12  accordance with this subsection.

13         (a)  The victim's or intervenor's parent or guardian

14  may file a claim on behalf of the victim or intervenor while

15  the victim or intervenor is less than 18 years of age; or

16         (b)  When a victim or intervenor who was under the age

17  of 18 at the time the crime occurred reaches the age of 18,

18  the victim or intervenor has 1 year within which to file a

19  claim.

20

21  For good cause, the department may extend the time period

22  allowed for filing a claim under paragraph (b) for an

23  additional period not to exceed 1 year.

24         (4)  The provisions of subsection (2) notwithstanding,

25  and regardless of when the crime occurred, a victim of a

26  sexually violent offense as defined in section 394.912, F.S.,

27  may file a claim for compensation for counseling or other

28  mental health services within one year of the filing of a

29  petition under section 394.914, F.S., to involuntarily civilly

30  commit the individual who perpetrated the sexually violent

31  offense.

                                  2
    6:31 PM   04/04/00                                 s2500.cj.02




                                                  SENATE AMENDMENT

    Bill No. SB 2500

    Amendment No. 2





 1         (5)(4)  Claims may be filed in the Tallahassee office

 2  of the department in person or by mail.  Any employee of the

 3  department receiving a claim for compensation shall,

 4  immediately upon receipt of such claim, mail the claim to the

 5  department at its office in Tallahassee.  In no event and

 6  under no circumstances shall the rights of a claimant under

 7  this chapter be prejudiced or lost by the failure or delay of

 8  the employees of the department in mailing claims to the

 9  department in Tallahassee.

10         (6)(5)  Upon filing of a claim pursuant to this

11  chapter, in which there is an identified offender, the

12  department shall promptly notify the state attorney of the

13  circuit wherein the crime is alleged to have occurred. If

14  within 10 days after such notification such state attorney

15  advises the department that a criminal prosecution or

16  delinquency petition is pending upon the same alleged crime

17  and requests that action by the department be deferred, the

18  department shall defer all proceedings under this chapter

19  until such time as a trial verdict or delinquency adjudication

20  has been rendered, and shall so notify such state attorney and

21  claimant. When a trial verdict or delinquency adjudication has

22  been rendered, such state attorney shall promptly notify the

23  department. Nothing in this subsection shall limit the

24  authority of the department to grant emergency awards pursuant

25  to s. 960.12.

26         (7)(6)  The state attorney's office shall aid claimants

27  in the filing and processing of claims, as may be required.

28

29

30  ================ T I T L E   A M E N D M E N T ===============

31  And the title is amended as follows:

                                  3
    6:31 PM   04/04/00                                 s2500.cj.02




                                                  SENATE AMENDMENT

    Bill No. SB 2500

    Amendment No. 2





 1         On page 1, lines 7-12, delete those lines

 2

 3  and insert:

 4         s. 960.07, F.S.; expanding the time within

 5         which a victim of an offense committed by a

 6         sexually violent predator may apply for

 7         compensation from the Crimes Compensation Trust

 8         Fund;

 9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  4
    6:31 PM   04/04/00                                 s2500.cj.02