Florida Senate - 2021                                    SB 1628
       
       
        
       By Senator Jones
       
       
       
       
       
       35-01278-21                                           20211628__
    1                        A bill to be entitled                      
    2         An act relating to compensation for victims of
    3         excessive use of force by law enforcement officers;
    4         amending s. 960.03, F.S.; revising the definition of
    5         the term “crime” to include victims of a law
    6         enforcement officer’s excessive use of force for
    7         purposes of the Florida Crimes Compensation Act;
    8         amending s. 960.065, F.S.; providing eligibility for
    9         compensation for a minor child of a nondeceased victim
   10         for specified purposes; providing that specified
   11         eligibility requirements apply to a victim of a law
   12         enforcement officer’s excessive use of force; amending
   13         s. 960.13, F.S.; prohibiting a crime victim
   14         compensation award from being denied on certain
   15         grounds if the claimant is a victim of a law
   16         enforcement officer’s excessive use of force;
   17         specifying that other evidence may be used to support
   18         such a claim if no police report was filed concerning
   19         the incident; providing an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Paragraph (g) is added to subsection (3) of
   24  section 960.03, Florida Statutes, to read:
   25         960.03 Definitions; ss. 960.01-960.28.—As used in ss.
   26  960.01-960.28, unless the context otherwise requires, the term:
   27         (3) “Crime” means:
   28         (g) The use of force by a law enforcement officer, as
   29  defined in s. 943.10(1), that is beyond what is reasonable under
   30  the totality of the circumstances, and that causes the victim
   31  injury or death, regardless of whether the officer is arrested
   32  for, or charged with, the commission of a crime.
   33         Section 2. Paragraph (e) is added to subsection (1) of
   34  section 960.065, Florida Statutes, and subsection (5) of that
   35  section is amended, to read:
   36         960.065 Eligibility for awards.—
   37         (1) Except as provided in subsection (2), the following
   38  persons shall be eligible for awards pursuant to this chapter:
   39         (e) A minor child of a nondeceased victim of a crime as
   40  defined in s. 960.03(3)(g) for the purposes of mental health
   41  treatment and counseling.
   42         (5) A person is not ineligible for an award:
   43         (a) Pursuant to paragraph (2)(a), paragraph (2)(b), or
   44  paragraph (2)(c) if that person is a victim of sexual
   45  exploitation of a child as defined in s. 39.01(77)(g).
   46         (b) Pursuant to subsection (2) or subsection (3) if that
   47  person is a victim of a crime as defined in s. 960.03(3)(g).
   48         Section 3. Paragraph (c) is added to subsection (1) of
   49  section 960.13, Florida Statutes, to read:
   50         960.13 Awards.—
   51         (1)
   52         (c) Notwithstanding paragraph (a) or paragraph (b), if a
   53  claim is based on injury or death as a result of a crime as
   54  defined in s. 960.03(3)(g), the claim may not be denied based
   55  upon a delay in reporting the crime, lack of a report of the
   56  crime, or the victim’s failure to cooperate. If there is no
   57  police report, the claim may be supported by other evidence to
   58  establish that a crime occurred.
   59         Section 4. This act shall take effect July 1, 2021.