65G-15.002. Restitution Claims

(1) A claimant filing a restitution claim under Section 402.181, F.S., has the burden to prove by a preponderance of the evidence:

(a) That the action(s) of a resident(s) is the direct cause of claimant’s property damages and/or direct medical expenses for injuries; and

(b) The monetary amounts of the claimant’s damages and/or expenses.

(2) Only one restitution claim can be submitted per claimant per incident.

(3) The maximum restitution amount per restitution claim may not exceed $1,000.00.

(4) Restitution claims must be submitted to the Agency using the State Institution Claims Program Form (“Claims Form”), APD Form 65G-15.002 A, effective 5-2-22, incorporated here by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-14194

(a) A complete Claims Form must be received by the Agency, in accordance with the instructions on the form, within 90 calendar days from the date of the incident that caused the property damage and/or medical injury.

(b) Any restitution claim received after 90 days of the incident must be denied.

(c) The Agency must adjudicate a restitution claim within 60 calendar days of receipt. The 60 days is tolled:

1. For 21 calendar days from the date the Agency issues a request for additional information to the claimant or claimant’s legal representative. If the Agency has not received the additional information within the 21 calendar days, the Agency will make a determination on the claim based solely upon the information available at that time.

2. Whenever a claimant makes a claim for restitution or compensation for the same incident which is not pursuant to Section 402.181, F.S., for the period of time until such claim is resolved; the time for appeal, if any, has expired; and the Agency receives notice thereof from the claimant or the legal representative.

Rulemaking Authority 402.181(3), 393.501(1) FS. Law Implemented 402.181 FS. History–New 5-2-22.