Florida Senate - 2023 SB 1104
By Senator Wright
8-01231-23 20231104__
1 A bill to be entitled
2 An act relating to victim compensation claims;
3 amending s. 960.07, F.S.; authorizing the Department
4 of Legal Affairs to issue waivers of any claim filing
5 deadlines for specified victim claims for compensation
6 upon a showing that a delay in filing the application
7 occurred because of a delay in the testing of, or
8 delay in the DNA profile matching from, a sexual
9 assault forensic examination kit or biological
10 material collected as evidence related to a sexual
11 offense; conforming provisions to changes made by the
12 act; making technical changes; providing an effective
13 date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Subsections (2), (3), and (4) of section 960.07,
18 Florida Statutes, are amended to read:
19 960.07 Filing of claims for compensation.—
20 (2) Except as provided in subsections (3) and (4), a claim
21 must be filed in accordance with this subsection.
22 (a)1. A claim arising from a crime occurring before October
23 1, 2019, must be filed within 1 year after:
24 a. The occurrence of the crime upon which the claim is
25 based.
26 b. The death of the victim or intervenor.
27 c. The death of the victim or intervenor is determined to
28 be the result of a crime, and the crime occurred after June 30,
29 1994.
30 2. Upon a showing that a delay in filing a claim occurred
31 because of a delay in the testing of, or delay in the DNA
32 profile matching from, a sexual assault forensic examination kit
33 or biological material collected as evidence related to a sexual
34 offense, a person who is eligible for compensation under
35 subparagraph 1. may receive a waiver from the department of any
36 claim filing deadline.
37 3. For good cause based on a reason other than a delay as
38 described in subparagraph 2., the department may extend the time
39 for filing a claim under subparagraph 1. for a period not
40 exceeding 2 years after such occurrence.
41 (b)1. A claim arising from a crime occurring on or after
42 October 1, 2019, must be filed within 3 years after the later
43 of:
44 a. The occurrence of the crime upon which the claim is
45 based;
46 b. The death of the victim or intervenor; or
47 c. The death of the victim or intervenor is determined to
48 be the result of the crime.
49 2. Upon a showing that a delay in filing a claim occurred
50 because of a delay in the testing of, or delay in the DNA
51 profile matching from, a sexual assault forensic examination kit
52 or biological material collected as evidence related to a sexual
53 offense, a person who is eligible for compensation under
54 subparagraph 1. may receive a waiver from the department of any
55 claim filing deadline.
56 3. For good cause based on a reason other than a delay as
57 described in subparagraph 2., the department may extend the time
58 for filing a claim under subparagraph 1. for a period not to
59 exceed 5 years after such occurrence.
60 (3)(a) Notwithstanding the provisions of subsection (2), if
61 the victim or intervenor was under the age of 18 at the time the
62 crime upon which the claim is based occurred, a claim may be
63 filed in accordance with this subsection.
64 1.(a) The victim’s or intervenor’s parent or guardian may
65 file a claim on behalf of the victim or intervenor while the
66 victim or intervenor is less than 18 years of age;
67 2.(b) For a claim arising from a crime that occurred before
68 October 1, 2019, when a victim or intervenor who was under the
69 age of 18 at the time the crime occurred reaches the age of 18,
70 the victim or intervenor has 1 year to file a claim; or
71 3.(c) For a claim arising from a crime occurring on or
72 after October 1, 2019, when a victim or intervenor who was under
73 the age of 18 at the time the crime occurred reaches the age of
74 18, the victim or intervenor has 3 years to file a claim.
75 (b) Upon a showing that a delay in filing a claim occurred
76 because of a delay in the testing of, or delay in the DNA
77 profile matching from, a sexual assault forensic examination kit
78 or biological material collected as evidence related to a sexual
79 offense, a person who is eligible for compensation under
80 paragraph (a) may receive a waiver from the department of any
81 claim filing deadline.
82 (c) For good cause, based on a reason other than a delay as
83 described in paragraph (b), the department may extend the time
84 period allowed for filing a claim under subparagraph (a)2.
85 paragraph (b) for an additional period not to exceed 1 year or
86 under subparagraph (a)3. paragraph (c) for an additional period
87 not to exceed 2 years.
88 (4) Notwithstanding The provisions of subsection (2)
89 notwithstanding, a victim of a sexually violent offense as
90 defined in s. 394.912, may file a claim for compensation for
91 counseling or other mental health services within:
92 (a) One year after the filing of a petition under s.
93 394.914, to involuntarily civilly commit the individual who
94 perpetrated the sexually violent offense, if the claim arises
95 from a crime committed before October 1, 2019; or
96 (b) Three years after the filing of a petition under s.
97 394.914, to involuntarily civilly commit the individual who
98 perpetrated the sexually violent offense, if the claim arises
99 from a crime committed on or after October 1, 2019.
100
101 Upon a showing that a delay in filing a claim occurred because
102 of a delay in the testing of, or delay in the DNA profile
103 matching from, a sexual assault forensic examination kit or
104 biological material collected as evidence related to a sexual
105 offense, a person who is eligible for compensation under this
106 subsection may receive a waiver from the department of any claim
107 filing deadline.
108 Section 2. This act shall take effect July 1, 2023.