Victim Compensation Claims, Property Claims, Domestic Violence Relocation Assistance, Sexual Battery Relocation Assistance, Human Trafficking Relocation Assistance

 

DEPARTMENT OF LEGAL AFFAIRS

Division of Victim Services and Criminal Justice Programs

RULE NOS.:RULE TITLES:

2A-2.002Victim Compensation Claims

2A-2.013Property Claims

2A-2.014Domestic Violence Relocation Assistance

2A-2.015Sexual Battery Relocation Assistance

2A-2.016Human Trafficking Relocation Assistance

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 41 No. 211, October 29, 2015 issue of the Florida Administrative Register.

2A-2.002 Victim Compensation Claims.

(1) Application. An application for victim compensation should be mailed to the Office of the Attorney General, Bureau of Victim Compensation, PL-01, The Capitol, Tallahassee, FL 32399-1050 or faxed to [phone] or [phone]; or emailed to [e-mail], or submitted via the department’s web-portal. The application entitled BVC100 Bureau of Victim Compensation Claim Form is incorporated in at subsection 2A-2.017(1), F.A.C. The application must include the following information:

(a) through (2)(e)(1) No change.

2. Report from proper authorities, or form BVC430 Law Enforcement Information Reporting Form, which is incorporated in rule 2A-2.017(9), F.A.C, law enforcement, state attorney, or Department of Children and Families documenting that:

a. through 6. No change

(3) Reporting Time. When the crime was reported to the proper authorities beyond the 72 hour reporting requirement, the victim/applicant must provide an explanation for the late reporting which demonstrates good cause for the delay. Alternatively, BVC103 Reporting Time Explanation Form, which is incorporated in rule 2A-2.017(11), F.A.C., may be used by the victim/applicant in lieu of submitting other written explanation.

(a) No change

(4) Filing Time. When a claim is received later than one year after the crime and less than two years after the incident, the victim/applicant must provide an explanation for the late filing which demonstrates good cause for the delay. Alternatively, BVC102 Filing Time Explanation Form, which is incorporated in rule 2A-2.017(10), F.A.C., may be used by the victim/applicant in lieu of submitting other written explanation.

(a) through 5(a) No change.

(b) Upon establishment of non-cooperation, the victim/applicant shall submit an explanation for same to the department.  BVC104 Non Cooperation Explanation Form, which is incorporated in rule 2A-2.017(12), F.A.C., may be used for this purpose.  Non-cooperation is established when a proper authority informs the department in writing that the victim:

1 through (7)(c)(5) No change

6. A written communication from the United States Federal Bureau of Investigations;

7. A cybercrime investigator may certify a crime for purposes of Section 960.197, F.S.; or

8. A completed form BVC 430 Law Enforcement Information Reporting Form which is incorporated in rule2A-2.017(9), F.A.C.

(d) through (f) 3. No change.

4. Alternatively, BVC405 Victim Compensation Wage Loss Employment Report, which is incorporated in rule 2A-2.017(14), F.A.C., may be submitted in lieu of other documentation.

(g) through (h) No change

(i) Acceptable documentation for crime-related disability benefits includes an assessment in writing by a licensed physician and must be in accordance with the American Medical Association’s Guide to Evaluation of Permanent Impairment or the Florida Permanent Impairment Rating Guide. Alternatively, BVC409 Victim Compensation Treatment Disability Statement, which is incorporated in rule 2A-2.017(8), F.A.C., may be submitted in lieu of other documentation. The documentation must include the following:

1.  through (l) No change.

 

2A-2.013 Property Claims.

(1) An application for victim compensation shall be mailed to the Office of the Attorney General, Bureau of Victim Compensation, PL-01, The Capitol, Tallahassee, FL 32399-1050, faxed to [phone] or [phone]; or emailed to [e-mail], or submitted via the department’s web-portal. The application entitled BVC100 Bureau of Victim Compensation Claim Form is incorporated in at rule 2A-2.017(1), F.A.C.

(2) No change.

(3) Proof of disability 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. Alternatively, the victim may submit form BVC410 Property Loss Disability Verification Form, which is incorporated in at rule 2A-2.017(13), F.A.C.

(4) through (12) No change.

2A-2.014 Domestic Violence Relocation Assistance.

(1) No change.

(2) A certification must accompany the application for assistance. The claim and certification shall be mailed to the Office of the Attorney General, Bureau of Victim Compensation, PL-01, The Capitol, Tallahassee, FL 32399-1050; faxed to [phone] or [phone]; or emailed to [e-mail], or submitted via the department’s web-portal. Failure to submit a properly completed certification will result in denial of benefits. A certification must be obtained from and completed by a certified domestic violence center that has been designated by the Office of the Attorney General to assist in the certification process. Domestic violence center representatives are qualified to certify applications up to two years after completion of specialized training. The application entitled BVC100 Bureau of Victim Compensation Claim Form is incorporated in at rule 2A-2.017(1), F.A.C. The BVC106DV Domestic Violence Relocation Certification Worksheet is incorporated in at rule 2A-2.017(2), F.A.C.

(3) through (10) No change.

(11) Proof of a domestic violence crime which meets the definition of Section 741.28(2), F.S., must come from a proper authority. A BVC430 Law Enforcement Information Reporting Form may be used instead of a complete law enforcement report to prove a crime occurred. The BVC430 Law Enforcement Information Reporting Form contains a checklist of the eligibility criteria and shortened narrative detailing the incident, and is incorporated by reference in at rule 2A-2.017(9), F.A.C.

(12) No change.

(13) If approved, the award will be made payable to the victim and mailed to the respective certified domestic violence center. The victim must accept the funds at the certified domestic violence center within 30 days of payment issuance. An applicant assistant must witness the acceptance of payment. The BVC421DV Notification of Possible Recoupment and/or Prosecution for Fraud Form is incorporated in rule 2A-2.017(5), F.A.C. and reiterates the importance of utilizing funds for approved expenditures in accordance with the obligations acknowledged on the certification worksheet. The following must be signed by the victim/applicant:

(a) through (17) No change.

 

2A-2.015 Sexual Battery Relocation Assistance.

(1) through (5)(f) No change.

(6) The claim and certification shall be mailed to the Office of the Attorney General, Bureau of Victim Compensation, PL-01, The Capitol, Tallahassee, FL 32399-1050; faxed to [phone] or [phone]; or emailed to VCIntake@myfloridalegal, or submitted via the department’s web-portal. Failure to submit a properly completed certification will result in denial of benefits. The application entitled BVC100 Bureau of Victim Compensation Claim Form is incorporated in at rule 2A-2.017(1), F.A.C. The BVC106RS Sexual Battery Relocation Certification Worksheet is incorporated in at rule 2A-2.017(3), F.A.C.

(7) through (9) No Change

(10) Proof of a sexual battery crime must come from a proper authority. A BVC430 Law Enforcement Information Reporting Form may be used instead of a complete law enforcement report to prove a crime occurred. The BVC430 Law Enforcement Reporting Form contains a checklist of the eligibility criteria and shortened narrative detailing the incident, and is available only from the Office of the Attorney General, Bureau of Victim Compensation. The BVC430 Law Enforcement Information Reporting Form is incorporated in at rule 2A-2.017(9), F.A.C.

(11) through (14) No change.

(15)(14) A certified rape crisis center representative must witness the acceptance of payment. The certified representative will be responsible for having the victim acknowledge and sign a notification of possible recoupment before providing the award to the victim. The BVC421RS Notification of Possible Recoupment and /or Prosecution for Fraud Form is incorporated in at rule 2A-2.017(6), F.A.C. and reiterates the importance of utilizing funds for approved expenditures in accordance with the obligations acknowledged on the certification worksheet. The following must be agreed to by the victim/applicant:

(a) through (16) No change.

 

2A-2.016 Human Trafficking Relocation Assistance

(1) No change.

(2) The application and certification shall be mailed to the Office of the Attorney General, Bureau of Victim Compensation, PL-01, The Capitol, Tallahassee, FL 32399-1050; faxed to [phone] or [phone]; or emailed to [e-mail], or submitted via the department’s web-portal. The application entitled BVC100 Bureau of Victim Compensation Claim Form is incorporated in at rule 2A-2.017(1), F.A.C. The BVC106HT Human Trafficking Relocation Certification Worksheet is incorporated in at rule 2A-2.017(4), F.A.C.

(3) through (11) No change.

(12) Proof of a human trafficking crime which meets the definition of Sections 787.06(3)(b), (d), (f) or (g), F.S., must come from a proper authority. A BVC430 Law Enforcement Information Reporting Form may be used instead of a complete law enforcement report to prove a crime occurred. The BVC430 Law Enforcement Information Reporting Form is incorporated in at rule 2A-2.017(9), F.A.C., and contains a checklist of the eligibility criteria and shortened narrative detailing the incident, and is available only from the Office of the Attorney General, Bureau of Victim Compensation.

(13) through (16) no change

(17) The BVC421HT Notification of Possible Recoupment and/or Prosecution for Fraud Form is incorporated by rule in at 2A-2.017(7), F.A.C., and reiterates the importance of utilizing funds for approved expenditures in accordance with the obligations acknowledged on the certification worksheet. The following must be signed by the victim/applicant:

(a) through (21) No change.