To incorporate forms and clarify availability of forms used to submit victim compensation claims

 

DEPARTMENT OF LEGAL AFFAIRS

Division of Victim Services and Criminal Justice Programs

RULE NO.:RULE TITLE:

2A-2.017Forms

PURPOSE AND EFFECT: To incorporate forms and clarify availability of forms used to submit victim compensation claims

SUMMARY: The rule is to comply with section 120.55(1)(a)4, by incorporating the forms by reference, including the number, title and effective date of the forms and an explanation of how the forms may be obtained.

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.

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) 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.

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, Bureau of Victim Compensation, Department of Legal Affairs, PL-01, The Capitol, Tallahassee, Florida 32399-1050, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

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, 850-414-3300:

(1)  Any person desiring to apply for benefits shall submit a completed form BVC100, Bureau of Victim Compensation Claim Form revised 07/15, adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-______.

(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 (10/15), adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-______.  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 (10/15), adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-______. 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 (10/15), adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-______.  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) Any person receiving domestic violence relocation funds must submit, via a certified domestic violence center, form BVC421DV Notification of Possible Recoupment and/or Prosecution for Fraud revised (10/15), adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-______.

(6) Any person receiving sexual battery relocation funds must submit, via a certified rape crisis center, form BVC421RS Notification of Possible Recoupment and/or Prosecution for Fraud revised (10/15), adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-______.

(7) Any person receiving human trafficking relocation funds must submit, via a certified rape crisis or domestic violence center, state attorney, statewide or federal prosecutor, form BVC421HT Notification of Possible Recoupment and/or Prosecution for Fraud revised (10/15), adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-______.

(8) In lieu of providing the documents listed in rule 2A-2.002(6), F.A.C., any person applying for disability compensation may submit a completed form BVC409 Victim Compensation Treatment Disability Statement revised (10/15), adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-______.

(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 (10/15), adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-______, 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, may submit form BVC102 Filing Time Explanation Form revised (10/15), adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-______.

(11) In lieu of submitting a written explanation, any person applying for benefits who reported the crime more than 72 hours from the date of the discovery of the crime, may submit form BVC103 Reporting Time Explanation Form revised (10/15), adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-______.

(12) In lieu of submitting a written explanation, any person applying for benefits who have been determined pursuant to rule 2A-2.002(4)(b), F.A.C. to be non-cooperative, may submit form BVC104 Non Cooperation Explanation Form revised (10/15), adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-______.

(13) In lieu of providing the documents listed in rule 2A-2.002(6), F.A.C., any person applying for property loss benefits may submit form BVC410 Property Loss Disability Verification Form revised (10/15), adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-______.

(14) In lieu of providing the documents listed in rule 2A-2.002(6), F.A.C., any person applying for wage loss benefits may submit form BVC405 Victim Compensation Wage Loss Employment Report (10/15), adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-______.

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___.

 

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

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Attorney General Pam Bondi

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 21, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 2, 2015