The proposed rule amendments are intended to clarify documentation requirements and procedures for claims filed pursuant to the Crimes Compensation Act.

 

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

2A-2.017Forms

PURPOSE AND EFFECT: The proposed rule amendments are intended to clarify documentation requirements and procedures for claims filed pursuant to the Crimes Compensation Act.

SUMMARY: The proposed rule amendments are intended to clarify changes regarding documentation, filing and reporting requirements

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule the Department, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Cost (SERC) was not necessary. This proposed rulemaking will not have an adverse impact or effect regulatory costs in excess of $1million within five years as established in Section 120.541(2)(a)1., 2., and 3., F.S.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 960.045(1)(b), 960.13(9)(b) FS.

LAW IMPLEMENTED: 960.065, 960.07, 960.12, 960.13, 960.15, 960.16, 960.17, 960.18, 960.195, 960.198 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Michelle Crum, Chief of Victim Compensation, Department of Legal Affairs, PL- 01, The Capitol, Tallahassee, FL 32399-1050

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

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 located at https://vanext.myfloridalegal.com/. The application entitled BVC100 Bureau of Victim Compensation Claim Form is incorporated in subsection 2A-2.017(1), F.A.C. The application must include the following information:

(a) through (i) No change.

(j) Crime information:

1. through 2. No change.

3. Whether the crime was reported within 120 72 hours after the occurrence,

4. through 7. No change.

(k) through (m) No change.

(2) Documentation.

(a) through (d) No change.

(e) Required information:

1. No change.

2. Report from proper authorities, or form BVC430 Law Enforcement Information Reporting Form, which is incorporated in subsection 2A-2.017(9), F.A.C., documenting that:

a. through c. No change.

d.  The crime was reported to the proper authorities within the required timeframe 72 hours in which from the time the incident was known to have occurred.

3. through 6. No change

(3) Reporting Time. For crimes occurring before October 1, 2019, the crime must be reported to the proper authority within 72 hours after the crime is known to have occurred.  For crimes occurring on or after October 1, 2019, the crime must be reported to the proper authority within 120 hours after the crime is known to have occurred. 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 subsection 2A-2.017(11), F.A.C., may be used by the victim/applicant in lieu of submitting other written good cause explanation.

(a) Good cause is demonstrated when the record shows the victim/applicant was unaware that a crime had occurred; the victim believed that the proper authorities had already been notified; 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 crime 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.

4) Filing Time. For crimes occurring before October 1, 2019, applications must be received within one year after the crime; the crime related death of the victim or intervenor; the date the death of the victim or intervenor is determined to be the result of a crime or within two years with good cause shown. For crimes occurring on or after October 1, 2019, applications must be received within three years after the crime; the crime related death of the victim or intervenor; the date the death of the victim or intervenor is determined to be the result of a crime or within five years with good cause shown. When a claim is received later than the filing time required, 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 subsection 2A-2.017(10), F.A.C., may be used by the victim/applicant in lieu of submitting other written explanation.

(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 file the claim within one year of the date of crime. 

(b) For crimes occuring before October 1, 2019, a victim who was under the age of 18 at the time of crime has one year or two years with good cause shown after turning 18 years of age for the department to receive their application. For crimes occurring on or after October 1, 2019, a victim who was under the age of 18 at the time of the crime has three years or five years with good cause shown after turning 18 years of age for the department to receive their application.

(c)(b) No explanation is acceptable for claims filed an adult filing a claim more than two years after the occurrence of the crime, unless section 960.07(2)(b) or (c), 960.07(3) or 960.07(4), F.S., applies.

(5) through (7) No change.

Rulemaking Authority 960.045(1), 960.13(9)(b) FS. Law Implemented 960.065, 960.07, 960.12, 960.13, 960.15, 960.16, 960.17, 960.18, 960.195, 960.198 FS. History–New 1-1-92, Amended 11-1-92, 9-13-94, 1-8-96, 6-25-96, 10-1-96, 9-24-97, 8-17-99, 2-3-00, 10-23-01, 5-13-03, 1-16-08, 7-1-10, 11-19-12, 10-1-14, 9-23-15, 2-29-16, 6-30-16, 10-29-17, 5-20-19, ___________.

 

2A-2.013 Property Claims.

(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 [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 subsection 2A-2.017(1), F.A.C.

(2) through (3) No change.

(4) Reporting Time. For criminal or delinquent acts occurring before October 1, 2019, tThe criminal or delinquent act must be reported to the proper authority law enforcement within 72 hours after the act is from the time that the event known to have occurred. For criminal or delinquent acts occurring 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 is reported to the proper authorities beyond the reporting requirement later than 72 hours after the incident occurred, 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. Acceptable explanations for good cause include:

(a) Good 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. The victim was not emotionally, mentally, or physically able to report the incident within 72 hours;

(b) The victim was in fear of the offender and this fear has been communicated to the proper authorities;

(c) The victim believed that the proper authorities had already been notified;

(d) The victim was not in the vicinity to report the incident to the proper authorities in the manner in which the proper authorities directed;

(e) There was no knowledge that a criminal or delinquent act was committed prior to reporting the incident to the proper authorities;

(f) The victim/applicant was pursuing other means of recourse, or

(g) The victim was physically unable to report the incident within 72 hours.

(5) Filing Time. For criminal or delinquent acts occuring before October 1, 2019, applications must be When a claim is received within later than one year but less than two years with good cause shown after the crime,. 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.

(a) No change.

(b) No explanation is acceptable for claims A claim 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 960.07(3) or 960.07(4), F.S., applies. occurrence of the crime will be considered untimely.

(6) through (13) no change.

Rulemaking Authority 960.045(1)(b) FS. Law Implemented 960.195 FS. History–New 7-1-10, Amended 10-1-14, 2-29-16, 10-29-17, 5-20-19, ____________.

 

2A-2.014 Domestic Violence Relocation Assistance.

(1) To be eligible for domestic violence relocation assistance, the victim must contact and application must be made through a certified representative in the State of Florida at a domestic violence center, certified by the Florida Coalition Against Domestic Violence. The center must certify the application according to the requirements of section 960.198, F.S. A BVC106DV Domestic Violence Relocation Certification Worksheet must accompany the application BVC100 Bureau of Victim Compensation Claim Form for assistance. The application and certification forms shall be mailed to the Office of the Attorney General, Bureau of Victim Compensation, PL-01, The Capitol, Tallahassee, Florida 32399-1050; faxed faxes to [phone] or (850)414-57795797 or [phone]; 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. The application entitled BVC100 Bureau of Victim Compensation Claim Form is incorprated in subsection 2A-2.017(1), F.A.C. The BVC106DV Domestic Violence Relocation Certification Worksheet is incorporated in subsection 2A-2.017(2), F.A.C.

(2) No change

(3) Certification Application for relocation assistance must be received by the Office of the Attorney General, Bureau of Victim Compensation within 30 days immediately following the occurrence of the domestic violence offense to demonstrate there is an immediate need to relocate unless an exception set forth in subsection 2A-2.014(5), F.A.C. applies. For a faxed certification to be timely submitted, the transmittal cover page must include the name of the victim and must bear a faxed date stamp that is within 30 days immediately following the domestic violence offense.

(4) Filing Time. For domestic violence crimes occurring before October 1, 2019, applications must be received within one year after the crime, or within two years with good cause shown. For domestic violence crimes occurring on or after October 1, 2019, applications must be received within three years after the crime, or within five years with good cause shown. When a claim is received later than the filing time, the victim/applicant must provide an explanation for the late filing demonstrating good cause for the delay. Alternatively, 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 good cause explanation. For a faxed application to be timely submitted, the transmittal cover page must include the name of the victim and must bear a faxed date stamp that is within 30 days immediately following the offense. 

(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.  

(b) A victim who was under the age of 18 at the time of crime has one year or two years with good cause shown after turning 18 years of age for the department to receive their application for crimes occurring before October 1, 2019.  For crimes occurring on or after October 1, 2019, a victim who was under the age of 18 at the time of the crime has three years or five with good cause shown after turning 18 years of age for the department to receive their application.

(c) No explanation is acceptable for claims filed more than two years for crimes occuring before October 1, 2019, or five years after the occurrence for crimes occuring on or after October 1, 2019, unless section 960.07(3) or 960.07(4) F.S., applies.

       (5) through (15) No change.    

Rulemaking Authority 960.045(1)(b) FS. Law Implemented 960.198 FS. History–New 7-1-10, Amended 10-1-14, 2-29-16, 10-29-17, 5-20-19, _______.

 

2A-2.015 Sexual Battery Relocation Assistance.

(1) To be eligible for sexual battery relocation assistance, the victim must contact and application be made through a certified representative in the State of Florida at a rape crisis center certified by the Florida Counsel Against Sexual Violence. A BVC106RS Sexual Battery Relocation Certification Worksheet from the rape crisis center must accompany the application BVC100 Bureau of Victim Compensation Claim Form for assistance. Failure to submit a properly completed certification worksheet will result in denial of benefits. The BVC100 Bureau of Victim Compensation Claim Form and BVC106RS Sexual Battery Relocation Certification Worksheet shall be mailed to the Office of the Attorney General, Bureau of Victim Compensation, PL-01, The Capitol, Tallahassee, FL 32299-1050; faxed to [phone] or [phone], 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. The application entitled BVC100 Bureau of Victim Compensation Claim Form is incorporated in subsection 2A-2.017(1), F.A.C. The BVC106RS Sexual Battery Relocation Certification Worksheet is incorporated in subsection 2A-2.017(3), F.A.C.

(2) through (3) No change.

(4) Filing Time. For sexual battery crimes occurring before October 1, 2019, applications must be received within one year after the crime, or within two years after the crime with good cause shown. For sexual battery crimes occurring on or after October 1, 2019, applications must be received within three years after the crime, or within five years with good cause shown.When an application for relocation is received later than the filing time required one year but less than two years after the crime, the victim/applicant must provide a good cause explanation for the late filing.  Alternatively, 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 good cause explanation.

(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. Acceptable explanations for good cause include:

1. The record shows the claimant was pursuing other means of recourse,

2. The victim did not know about the program,

3. The claimant was not emotionally, mentally, or physically able to file the claim within one year after the date of the crime, or

4. A language or cultural barrier exists which precluded accessibility to the application and/or certification.

(b) A victim who was under the age of 18 at the time of crime has one year or two years with good cause shown after turning 18 years of age for the department to receive their application for crimes occurring before October 1, 2019.  For crimes occurring on or after October 1, 2019, a victim who was under the age of 18 at the time of the crime has three years or five with good cause shown after turning 18 years of age for the department to receive their application. No explanation is acceptable for an adult filing a claim more than two years after the occurrence of the crime under this section.

(c) No explanation is acceptable for claims filed more than two years after the occurrence for crimes occuring before October 1, 2019, or five years after the occurence for crimes on or after October 1, 2019, unless section 960.07(3) or 960.07(4) F.S., applies.

(5) Reporting Time. For crimes occurring before October 1, 2019, the crime must be reported to the proper authority within 72 hours after the crime is known to have occurred. For crimes occurring on or after October 1, 2019, the crime must be reported to the proper authority within 120 hours after the crime is known to have occurred. When an application for relocation is received later than the filing time required, the victim/applicant must provide a good cause explanation for the late filing.  Alternatively, 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 good cause explanation. The incident must be reported to the proper authorities within 72 hours after the occurrence. Exceptions for good cause include:

(a) Good cause is demonstrated when the record shows the victim/applicant was unaware that a crime had occurred; the victim believed that the proper authorities had already been notified; 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 crime 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. The victim was not emotionally, mentally, or physically able to report the crime within 72 hours:

(b) The victim was in fear of the offender and this fear has been communicated to the proper authorities;

(c) The victim is a child under the age of 18;

(d) There was no knowledge that a crime was committed prior to reporting the incident to the proper authorities, or

(e) A language or cultural barrier exists which prevented the victim from reporting the incident to the proper authorities within 72 hours.

(6) through (13) no change.

Rulemaking Authority 960.045(1)(b) FS. Law Implemented 960.199 FS. History–New 11-19-12, Amended 10-1-14, 2-29-16, 5-20-19, ___________.

 

2A-2.016 Human Trafficking Relocation Assistance.

(1) To be eligible for human trafficking relocation assistance, the victim’s need for assistance must be certified by a certified rape crisis center or domestic violence center representative, except in cases that exceed the two-year filing requirement and are certified by a state attorney, or statewide or federal prosecutor who has jurisdiction over the crime. The BVC106HT Human Trafficking Relocation Certification Worksheet must accompany the application through (3) no change.

(2) through (3) No change.

(4) Certification Application for relocation assistance must be received by the Office of the Attorney General, Bureau of Victim Compensation within 45 days immediately following the crime or an identifiable threat by a human trafficking offender, as defined in section 787.06(3)(b), (d), (f), or (g), F.S, to demonstrate the victim is in need of urgent assistance to relocate.

(5) For a faxed certification application to be timely submitted, the transmittal cover page must bear a faxed date stamp that is within 45 days immediately following the crime or threat.

(6) through (8) no change.

(9) Filing Time. For human trafficking crimes occurring before October 1, 2019, applications must be received within one year after the crime, or within two years with good cause shown. For human trafficking crimes occurring on or after October 1, 2019, applications for relocation must be received within three years after the crime, or within five years with good cause shown. When an application for relocation is received later than the filing time required, one year after the crime and less than two years after the incident the victim/applicant must provide a good cause explanation for the delayed filing. Alternatively, 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 good cause explanation. Acceptable explanations for good cause include:

(a) Good cause is demonstrated when tThe 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. for obtaining financial assistance with relocation expenses;

(b) A victim who was under the age of 18 at the time of crime has one year or two years with good cause shown after turning 18 years of age for the department to receive their application for relocation for crimes occurring before October 1, 2019.  For crimes occurring on or after October 1, 2019, a victim who was under the age of 18 at the time of the crime has three years or five years with good cause shown after turning 18 years of age. The victim did not know about the program;

(c) No explanation is acceptable for claims filed more than two years after the occurence for crimes occuring before October 1, 2019, or five years after the occurrence for crimes occuring on or after October 1, 2019, unless section  960.07(3) 960.07(4)(a) or (b) F.S., or 2A-2.016(10), F.A.C. applies. The victim was not emotionally, mentally, or physically able to file the claim within one year after the date of the crime; or

(d) A language or cultural barrier exists which precluded accessibility to the application or certification.

(10) In cases that exceed the two-year filing requirement timeframe, the victim’s need for urgent assistance must be verified in writing by a state attorney, or statewide or federal prosecutor who has jurisdiction over the crime. The verification must affirm that there is an active ongoing investigation, and that the victim needs to relocate from an unsafe environment due to the threat of future violence which is directly related to the human trafficking offense.

(11) By certifying the victim’s need for relocation assistance using the BVC106HT Human Trafficking Relocation Certification Worksheet, the certified rape crisis center representative, certified domestic violence center representative, state attorney, or statewide prosecutor affirms the following:

(a) through (b) No change.

(c) The victim’s urgent need to relocate results from the human trafficking crime, and that this certification is being completed within 45 days immediately following the crime, or an identifiable threat by a human trafficking offender, which has been communicated to proper authorities; or that it has been more than 45 days 2 years from the last date of the crime or identifiable threat and a the State Attorney, Statewide or Federal Prosecutor has determined the victim’s need to relocate is due to the threat of future violence, and there is currently an active and ongoing investigation.

(d) through (j) No change.

(12) through (19) No change.

Rulemaking Authority 960.045(1)(b) FS. Law Implemented 960.07(1), 960.07(2), 960.13(1), 960.13(2), 960.13(3), 960.196, 960.199 FS. History–New 10-20-14, Amended 2-29-16, 5-20-19, _______.

 

2A-2.017 Forms

The Following Bureau of Victim Compensation forms can be obtained at www.myfloridalegal.com or by contacting the Office of the Attorney General, Bureau of Victim Compensation, PL-01 The Capitol, Tallahassee, FL 32399, [phone]:

(1) Any person desiring to apply for Victim Compensation, Property Loss or relocation benefits shall submit a completed form BVC100, Bureau of Victim Compensation Claim Form revised (11/1907/15), adopted and incorporated by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-06417.

(2) Any person applying for domestic violence relocation shall submit, via a certified domestic violence center, a completed form BVC106DV Domestic Violence Relocation Certification Worksheet revised (11/194/19), adopted and incorporated by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-10375. This certification must be obtained from and completed by a certified domestic violence center representative that has been designated by the Office of the Attorney General to assist in the certification process.

(3) Any person applying for sexual battery relocation shall submit, via a certified rape crisis center, a completed form BVC106RS, Sexual Battery Relocation Certification Worksheet revised (11/194/19), adopted and incorporated by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-10379. This certification must be obtained from and completed by a certified rape crisis center representative that has been designated by the Office of the Attorney General to assist in the certification process.

(4) Any person applying for human trafficking relocation shall submit, via a certified rape crisis or domestic violence center or state attorney, or statewide or federal prosecutor, a completed form BVC106HT, Human Trafficking Relocation Certification Worksheet revised (11/194/19), adopted and incorporated by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-10377. This certification must be obtained from and completed by a certified domestic violence or rape crisis center representative that has been designated by the Office of the Attorney General to assist in the certification process or a state attorney, or statewide or federal prosecutor.

(5) through (8) No change.

(9) In lieu of a law enforcement reporting form or similar document from a proper authority that establishes a compensable crime occurred, a form BVC430 Law Enforcement Information Reporting Form revised (11/1910/15), adopted and incorporated by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-06425 may be used. The form must be submitted by the Bureau of Victim Compensation directly to the appropriate law enforcement agency to be considered.

(10) In lieu of submitting a written explanation, any person desiring to submit an application for benefits more than 1 year, but less than 2 years, from the date of the crime, for crimes occurring before October 1, 2019, or for benefits more than 3 years but less than 5 years from the date of crime for crimes occurring on or after October 1, 2019, may submit form BVC102 Filing Time Explanation Form revised (11/1910/15), adopted and incorporated by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-06426.

(11) In lieu of submitting a written explanation, any person applying for benefits who reported the crime more than 72 hours for crimes occurring before October 1, 2019, or more than 120 hours for crimes occurring on or after October 1, 2019, from the date of the discovery of the crime, may submit form BVC103 Reporting Time Explanation Form revised (11/1910/15), adopted and incorporated by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-06427.

(12) through (15) no change.

Rulemaking Authority 960.045(1) FS. Law Implemented 960.03, 960.05, 960.065, 960.07, 960.12, 960.13(5)(a), 960.15, 960.16, 960.17, 960.18, 960.195, 960.196, 960.198, 960.199 FS. History‒New 2-11-16, Amended 10-29-17, 5-20-19, _________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Michelle Crum, Chief of Victim Compensation

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Attorney General Ashley Moody

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 15, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 11, 2019