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The Florida Senate

2004 Florida Statutes

Section 960.03, Florida Statutes 2004

960.03  Definitions; ss. 960.01-960.28.--As used in ss. 960.01-960.28, unless the context otherwise requires, the term:

(1)  "Catastrophic injury" means a permanent impairment constituted by:

(a)  Spinal cord injury involving severe paralysis of an arm, a leg, or the trunk;

(b)  Amputation of an arm, a hand, a foot, or a leg;

(c)  Severe brain or closed-head injury as evidenced by:

1.  Severe sensory or motor disturbances;

2.  Severe communication disturbances;

3.  Severe complex integrated disturbances of cerebral function;

4.  Severe episodic neurological disorders; or

5.  Other severe brain and closed-head injury conditions at least as severe in nature as any condition described in subparagraphs 1.-4.;

(d)  Second-degree or third-degree burns on 25 percent or more of the total body surface or third-degree burns on 5 percent or more of the face and hands;

(e)  Total or industrial blindness; or

(f)  Any other injury that would otherwise qualify under this chapter and that is of a nature and severity that would qualify an employee to receive disability income benefits under Title II or supplemental security income benefits under Title XVI of the federal Social Security Act as the Social Security Act existed on July 1, 1992, without regard to any time limitations provided under that act.

(2)  "Claimant" means the person on whose behalf an award is sought.

(3)  "Crime" means:

(a)  A felony or misdemeanor offense committed by either an adult or a juvenile which results in physical injury or death. The term also includes any such criminal act which is committed within this state but which falls exclusively within federal jurisdiction.

(b)  A violation of s. 316.193, s. 316.027(1), s. 327.35(1), s. 782.071(1)(b), or s. 860.13(1)(a) which results in physical injury or death; however, no other act involving the operation of a motor vehicle, boat, or aircraft which results in injury or death shall constitute a crime for the purpose of this chapter unless the injury or death was intentionally inflicted through the use of such vehicle, boat, or aircraft or unless such vehicle, boat, or aircraft is an implement of a crime to which this act applies.

(c)  A criminal act committed outside of this state against a resident of this state which would have been compensable if it had occurred in this state and which occurred in a state that does not have an eligible crime victim compensation program as the term is defined in the federal Victims of Crime Act of 1984.

(d)  An act of mass violence or an act of international terrorism, as defined in 18 U.S.C. s. 2331, which is committed outside of the territorial boundaries of the United States upon a resident of this state, when such act results in physical injury or death and the person is not eligible for compensation under Title VIII of the Omnibus Diplomatic Security and Antiterrorism Act of 1986.

(4)  "Crime Victims' Services Office" means the former Bureau of Crimes Compensation and Victim and Witness Services, now the Crime Victims' Services Office of the Department of Legal Affairs.

(5)  "Department" means the Department of Legal Affairs.

(6)  "Disabled adult" means a person 18 years of age or older who suffers from a condition of physical or mental incapacitation due to a developmental disability or organic brain damage or mental limitations that restrict the person's ability to perform the normal activities of daily living.

(7)  "Elderly person" means a person 60 years of age or older who is suffering from the infirmities of aging as manifested by advanced age or organic brain damage, or other physical, mental, or emotional dysfunction, to the extent that the ability of the person to provide adequately for his or her own care or protection is impaired.

(8)  "Hearing officer" means a hearing officer designated by the Attorney General.

(9)  "Intervenor" means any person who goes to the aid of another and suffers bodily injury or death as a direct result of acting, not recklessly, to prevent the commission of a crime, to lawfully apprehend a person reasonably suspected of having committed a crime, or to aid the victim of a crime.

(10)  "Out-of-pocket loss" means unreimbursed and unreimbursable expenses or indebtedness incurred for medical care, nonmedical remedial care, psychological counseling, or other treatment rendered in accordance with a religious method of healing or for other services necessary as a result of the injury or death upon which such claim is based.

(11)  "Property loss" means the loss of tangible personal property directly caused by a criminal or delinquent act of another.

(12)  "Treatment" means:

(a)  Medical, dental, psychological, mental health, chiropractic, or physical rehabilitation services;

(b)  Nonmedical remedial care; or

(c)  Other treatment rendered in accordance with a religious method of healing.

(13)  "Victim" means:

(a)  A person who suffers personal physical injury or death as a direct result of a crime;

(b)  A person less than 16 years of age who was present at the scene of a crime, saw or heard the crime, and suffered a psychiatric or psychological injury because of the crime, but who was not physically injured; or

(c)  A person against whom a forcible felony was committed and who suffers a psychiatric or psychological injury as a direct result of that crime but who does not otherwise sustain a personal physical injury or death.

History.--s. 1, ch. 77-452; s. 3, ch. 80-146; s. 507, ch. 81-259; s. 1, ch. 85-326; s. 25, ch. 86-296; s. 9, ch. 90-211; s. 2, ch. 91-23; s. 35, ch. 91-46; s. 4, ch. 92-107; s. 20, ch. 92-287; s. 2, ch. 96-315; s. 1, ch. 97-41; s. 11, ch. 98-417; s. 2, ch. 99-373; s. 4, ch. 2001-147.