2A-2.013. Property Claims  


Effective on Wednesday, December 11, 2019
  • 1(1) An application for property loss shall be mailed to the Office of the Attorney General, Bureau of Victim Compensation, PL-01, The Capitol, Tallahassee, FL 32399-1050, faxed to (850)414-6197 or (850)414-5779; or emailed to VCIntake@myfloridalegal.com, 36or submitted via the department’s web-portal. The application entitled BVC100 Bureau of Victim Compensation Claim Form is incorporated in subsection 2A-2.017(1), F.A.C58.

    59(2) For a faxed application to be timely submitted, the transmittal cover page must bear a faxed date stamp that is within the statutory filing time.

    85(3) Proof of disability predating the crime is required for persons between 18 and 60 years of age. Acceptable documentation includes written statements from the Department of Veteran Affairs, the Social Security Administration, or the victim’s treating physician. 123Alternatively, the victim may submit form BVC410 Property Loss Disability Verification Form, which is incorporated in subsection 2A-2.017(13), F.A.C.

    142(4) Reporting Time. For criminal or delinquent acts occurring before October 1, 2019, the criminal or delinquent act must be reported to the proper authority within 72 hours after the act is known to have occurred. 178For 179criminal or delinquent acts 183occurring on or after October 1, 2019, the act must be reported to the proper authority within 120 hours after the act is known to have occurred. When the act was reported to the proper authorities beyond the reporting requirement, the victim/applicant must provide an explanation for the reporting delay which demonstrates good cause. Alternatively, BVC103 Reporting Time Explanation Form, which is incorporated in subsection 2A-2.017(11), F.A.C., may be used by the victim/applicant in lieu of submitting other written good cause explanation.

    265Good cause is demonstrated when the record shows the victim/applicant was unaware that a crime had occurred; the victim/applicant was pursuing other means of recourse; the victim was not in the vicinity to report the incident to the proper authorities in the manner in which the proper authorities directed; there was no knowledge that a criminal or delinquent act was committed prior to reporting the incident to the proper authorities; when the victim/applicant was not emotionally, mentally, or physically able to report the incident; when the victim/applicant believed that the proper authorities had been contacted and a report was filed; when the victim is/was a minor at the time of the incident; when the victim/applicant expressed feelings of shame, remorse, or embarrassment which prevented them from contacting the proper authorities; fear of retaliation or retribution by the offender, the offender’s family, or the offender’s acquaintances which was communicated to the proper authorities; or when a language or cultural barrier precludes effective communication with the proper authorities.

    431(5) Filing Time. For criminal or delinquent acts occuring before October 1, 2019, applications must be received within one year but less than two years with good cause shown. For criminal or delinquent acts occurring on or after October 1, 2019, applications must be received within three years after the act that caused the property loss, or within five years with good cause shown. When a claim is received later than the filing time required, the victim/applicant must provide an explanation for the late filing demonstrating good cause for the delay. Alternatively, a BVC102 Filing Time Explanation Form, which is incorporated in subsection 2A-2.017(10), F.A.C., may be used by the victim/applicant in lieu of submitting other written explanation.

    549(a) Good cause is demonstrated when the record shows the victim/applicant was pursuing other means of recourse; when the victim/applicant was not emotionally, mentally, or physically able to file the claim; when the victim/applicant was unaware that a compensation program exists; or when a language or cultural barrier hinders the access needed to timely file the claim.

    606(b) No explanation is acceptable for claims filed more than two years after the date of the criminal or deliquent act occuring before October 1, 2019, or five years after the  date of the criminal or deliquent act occuring on or after October 1, 2019, unless Section 653960.07(3) 654or 655960.07(4), F.S., 657applies.

    658(6) The law enforcement report must identify and assign a value to the property for which compensation is sought. Alternatively, the law enforcement report must identify the property, and 687acceptable documentation of replacement costs 692for actual damage may be provided by the victim if the value or estimated damage is not known at the time the law enforcement report is made.

    719(7) Acceptable documentation of replacement costs includes a receipt for purchase of replacement item, official published advertisement, or written estimate from a retail establishment for the cost of an equivalent item. The written estimate must be on company letterhead and must include the retailer’s name, address, and an email or website address, if any.

    773(8) Definitions:

    775(a) “Abandoned property” means property that the owner voluntarily surrenders, relinquishes, or disclaims.

    788(b) “Activities of daily living” for purposes of Section 797960.195, F.S., 799means the basic tasks of everyday life.

    806(c) “Damage” means loss or injury to person or property.

    816(d) “Intangible property” means property that lacks a physical existence. Examples include bank accounts, airtime, business goodwill, fees (impound, pawn shop, towing), options, and stocks.

    841(e) “Loss” means the failure to keep possession of something.

    851(f) “Property loss” means the loss of tangible personal property directly caused by a criminal or delinquent act of another. For purposes of Section 875960.195, F.S., 877the following are specifically excluded: abandoned property, cash or other negotiable instruments, contraband, or other illicit items.

    894(g) “Replacement cost” means the cost of acquiring an asset that is as equally useful or productive as an asset previously held.

    916(h) “Tangible personal property” means property that can be seen, weighed, measured, felt, or touched or is in any way perceptible to the senses.

    940(i) “Substantial diminution” means the loss of the property directly impacts the victim’s activities of daily living.

    957(9) Compensation may be paid for the cost of the item, plus tax, delivery and installation, up to a maximum of $500.00 979per claim and a $1,000.00 lifetime maximum on all property loss claims. Victims/Applicants may apply and be eligible for issuance of the insurance waiver provision identified in Section 1008624.128, F.S., 1010regardless of the amount previously compensated.

    1016(10) Objects can be valued only at replacement cost, regardless of sentimental value.

    1029(11) Compensation is limited to items that are lawful tangible personal property of the victim.

    1044(a) Examples of compensable tangible personal property include one’s eyeglasses, watch, clock, telephone, personal computer, wheelchair, medicine, tools of one’s trade, oxygen tank, and mailbox.

    1069(b) Examples of property that are not compensable include real property, 1080abandoned property, cash or other negotiable instruments, contraband or other illicit items, exchange agreements, 1094items that amount to a monetary loss, are intangible, or are cosmetic damage causing a devaluation of the property.

    1113(12) A “claim” may be filed for each incident in which a tangible loss is incurred as the result of criminal or delinquent acts. Multiple property losses and ongoing victimization within a reasonable period of time qualify as a single incident, and thus, only one claim may be filed.

    1162(13) The victim/applicant must cooperate with the proper authorities in investigating and/or prosecuting known offenders. Upon learning that the victim/applicant has not cooperated, the department shall deny, reduce, or withdraw any award for compensation.

    1196Rulemaking Authority 1198960.045(1)(b) FS. 1200Law Implemented 1202960.195 FS. 1204History–New 7-1-10, Amended 10-1-14, 2-29-16, 10-29-17, 5-20-19, 12-11-19.