Senate Bill sb0020

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2002        (NP)                        SB 20

    By Senator Dyer





    14-9A-02

  1                      A bill to be entitled

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

  3         providing for Mr. Woods to recover from state

  4         funds for certain injuries and damages he

  5         sustained as a result of a home invasion;

  6         providing an effective date.

  7

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

  9  a victim of a home invasion in which his home was burglarized

10  and he was severely injured and rendered legally blind, lost

11  an eye, and suffered speech impairment due to the loss of his

12  voice box, and

13         WHEREAS, the perpetrator of these offenses was

14  eventually imprisoned as a result of a probation violation and

15  sentenced to 5 years in a correctional institution, and

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

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

18  compensation benefits pursuant to sections 960.01-960.28,

19  Florida Statutes, the Florida Crimes Compensation Act, and

20         WHEREAS, a letter from an assistant attorney general in

21  the Ninth Judicial Circuit of Florida attests that that office

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

23  system and has been unable to locate any documentation

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

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

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

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

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

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

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

31  restitution, and

                                  1

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






    Florida Senate - 2002        (NP)                        SB 20
    14-9A-02




  1         WHEREAS, according to the abovementioned assistant

  2  attorney general's letter, the defendant subsequently violated

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

  4  Department of Corrections and is unlikely ever to pay

  5  restitution to Mr. Woods, and

  6         WHEREAS, after learning of the victim's compensation

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

  8  private investigator, Mr. Woods filed a claim for

  9  compensation, and

10         WHEREAS, because his claim was not timely filed in

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

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

13  Woods' claim, and

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

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

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

17  THEREFORE,

18

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

20

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

22  act are found and declared to be true.

23         Section 2.  There is appropriated from the General

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

25  $15,000 for the relief of Johnny L. Woods for injuries and

26  damages sustained.

27         Section 3.  The Comptroller is directed to draw a

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

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

30  Treasury, and the State Treasurer is directed to pay the same

31  out of such funds in the State Treasury.

                                  2

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






    Florida Senate - 2002        (NP)                        SB 20
    14-9A-02




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

  2  law.

  3

  4            *****************************************

  5                          SENATE SUMMARY

  6    Provides for Johnny L. Woods to recover from state funds
      for certain injuries and damages he sustained as a result
  7    of a home invasion.

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  3

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