House Bill hb1195

    Florida House of Representatives - 2002                HB 1195

        By Representative Siplin






  1                      A bill to be entitled

  2         An act for the relief of Johnny L. Woods;

  3         providing an appropriation from the General

  4         Revenue Fund to the Department of Legal Affairs

  5         to compensate Johnny L. Woods for injuries and

  6         damages he sustained as a result of a home

  7         invasion; providing an effective date.

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  9         WHEREAS, on March 20, 1997, Mr. Johnny L. Woods became

10  the victim of a home invasion in which his home was

11  burglarized and he was severely injured and rendered legally

12  blind, lost an eye, and suffered speech impairment due to the

13  loss of his voice box, and

14         WHEREAS, the perpetrator of these offenses was

15  eventually imprisoned as a result of a probation violation and

16  sentenced to 5 years in a correctional institution, and

17         WHEREAS, Mr. Woods has stated that the state attorney's

18  office never informed him that he might be entitled to victim

19  compensation benefits pursuant to sections 960.01-960.28,

20  Florida Statutes, the Florida Crimes Compensation Act, and

21         WHEREAS, a letter from an assistant attorney general in

22  the Ninth Judicial Circuit of Florida attests that that office

23  "has reviewed both the case file and our case management

24  system and has been unable to locate any documentation

25  indicating that Mr. Woods was informed of the Victim's Comp.

26  program" and that a victim advocate was never assigned to his

27  case, "which lends credibility to his contention that he was

28  not informed of the victim's compensation program," and

29         WHEREAS, when a court, on October 24, 1997, sentenced

30  the defendant in this case to 2 years' community control, the

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    Florida House of Representatives - 2002                HB 1195

    796-110-02






  1  court also ordered the defendant to pay Mr. Woods $15,000 in

  2  restitution, and

  3         WHEREAS, according to the abovementioned assistant

  4  attorney general's letter, the defendant subsequently violated

  5  his community control and was sentenced to 5 years in the

  6  Department of Corrections and is unlikely ever to pay

  7  restitution to Mr. Woods, and

  8         WHEREAS, after learning of the victim's compensation

  9  program through a conversation with a friend of his who is a

10  private investigator, Mr. Woods filed a claim for

11  compensation, and

12         WHEREAS, because his claim was not timely filed in

13  accordance with section 960.07(2), Florida Statutes, the

14  Department of Legal Affairs, on July 11, 2000, denied Mr.

15  Woods' claim, and

16         WHEREAS, since Mr. Woods does not have the wherewithal

17  to appeal that decision to the district court of appeals, he

18  is seeking to obtain equitable recovery under this act, NOW,

19  THEREFORE,

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

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23         Section 1.  The facts stated in the preamble to this

24  act are found and declared to be true.

25         Section 2.  There is appropriated from the General

26  Revenue Fund to the Department of Legal Affairs the sum of

27  $15,000 for the relief of Johnny L. Woods for injuries and

28  damages sustained.

29         Section 3.  The Comptroller is directed to draw a

30  warrant in favor of Johnny L. Woods in the sum of $15,000 upon

31  the funds of the Department of Legal Affairs in the State

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    Florida House of Representatives - 2002                HB 1195

    796-110-02






  1  Treasury and the State Treasurer is directed to pay the same

  2  out of such funds in the State Treasury.

  3         Section 4.  This act shall take effect upon becoming a

  4  law.

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  7                          HOUSE SUMMARY

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      Provides a $15,000 appropriation from the General Revenue
  9    Fund to the Department of Legal Affairs for the purpose
      of compensating Johnny L. Woods for injuries and damages
10    he sustained as a result of a home invasion.

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