To clarify definitions, documentation, benefits 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

PURPOSE AND EFFECT: To clarify definitions, documentation, benefits and procedures for claims, filed pursuant to the Crimes Compensation Act

SUMMARY: This rule provides clarification of the definitions, documentation requirements, and procedures for claims for victim compensation, property loss, domestic violence relocation assistance, sexual battery relocation assistance, and human trafficking relocation assistance for victims

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)(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, 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

 

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. The application entitled BVC100 Bureau of Victim Compensation Claim Form is incorporated at rule 2A-2.017(1), F.A.C. The application must include the following information:

(a) No change.

(b) Optional demographic data for federal statistical purposes, including race/ethnicity, gender, and national origin.

(c) through (g) No change.

(h) Insurance information, including the company (carrier) name, mailing address, telephone number, email address, and policy number, and explanation or statement of benefits statements for the following:

1. State and federal programs (e.g.i.e., Medicare, Champus, Erisa, Medicaid);

2. through (j)1. No change.

2. Date reported to proper authorities law enforcement, the state attorney, or the Department of Children and Families;

3. through (2)(a) No change.

(b) The victim/applicant must provide updated address and contact information, which shall be considered the address of record. Failure to update this information will result in denial of the claim and a loss of appeal rights.

(c) No change.

(d) When an incomplete claim is received, the department will notify the claimant at their address of record, or their email address, if provided, of the information needed for eligibility determination and benefits.

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

2. Report from proper authorities law enforcement, state attorney, or Department of Children and Families documenting that:

a. No change.

b. The victim did not contribute to the infliction of his or her injury or death; and,

c. The victim did not act unlawfully; and.

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

3. No change.

4. Proof of third-party payments such as insurance, restitution, judgments or settlements (e.g.i.e., copy of insurance explanation of benefits, settlement agreements, court documents for restitution and judgments), if applicable.

5. No change.

6. Proof of the disability incurred as a result of the crime as verified in writing by the treating physician or a copy of the victim’s social security disability benefits approval document, if applicable.

(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.

(a) Good cause is demonstrated when the victim/applicant was unaware that a crime had occurred; 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 or 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; or when a language or cultural barrier precludes effective communication with the proper authorities.

(4)(3) 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 must demonstrates good cause for the delay.

(a) Good cause is demonstrated when the record shows the victim/applicant was pursuing other means of recourse; or when the victim/applicant was not emotionally, mentally, or physically able to file the claim within one year after the date of the crime; or when a language or cultural barrier hinders the access needed to file the claim within one year of the date of crime.

(b) No explanation is acceptable for an adult filing a claim more than two years after the occurrence of the crime, unless Section 960.07(2)(c), 960.07(3)(b), or 960.07(4) or 960.197(1)(b), F.S., applies.

(5)(4) Penalty Assessments.

(a) No change.

(b) Non-cooperation is established when a the proper authority law enforcement agency or assistant state attorney informs the department in writing that the victim:

1. through 4. No change.

(c) Contributory misconduct is based on information in writing from a proper authority law enforcement or the state attorney that the victim’s conduct contributed to his or her injury or death.

(d) No change.

(6)(5) Benefits.

(a) Collateral sources must be exhausted before the amount of any compensable benefit is determined, except loss of support and catastrophic disability.

(b) through (c) b. (III) No change.

(IV) Whether victim requires future treatment directly related to the injury;

(IV)(V) Physician’s name, mailing address, email address, telephone number, fax number, and federal identification number, and medical license number; and,

(V)(VI) Physician’s signature and date signed.

c. through (d) No change.

1. Available to eligible dependents of a deceased victim or intervener who was employed, was receiving reemployment assistance, or had applied for and would have been eligible for unemployment compensation benefits (reemployment assistance), at the time of the crime. Persons eligible for this benefit include:

a. through e. No change.

(e) Funeral/burial expenses are compensable and may be paid to the service provider or reimbursed to the applicant when the applicant has already paid the bill. The applicant must be identified on the funeral contract as the party who paid the funeral expenses or the party responsible for the unpaid funeral expense. Funeral/burial expenses are considered expenses associated with the funeral, services that constitute a funeral, transporting the deceased victim’s remains, burying, entombing, internment, cremation, procession, wake, or memorial ceremony held in honor or observation of the deceased and any other expenses which are not otherwise listed but are directly related to a funeral/memorial ceremony or the care of the decedent. With exception to religious practices, food, beverages, and expenses associated with social events are not compensable.

(f) through (f)10. No change.

(g) Medical/dental/non-medical remedial care treatment) costs are compensable.

1. through 4. No change.

5. Medically necessary equipment (e.g., wheelchairs, oxygen tanks) and prosthetics) that are damaged during the crime. When the item was damaged during the crime, the law enforcement report must specifically identify what happened to the items.

6. No change.

(7)(6) Documentation Requirements –

(a) through (b)9.b. No change.

c. Name of insurance company; and

d. Insurance company’s mailing address, including city, state and zip code.;

e. Name of insurance company adjuster or claims representative; and,

f. Email address and telephone number for contact person at insurance company.

10. through (g)1. No change.

2. Unemployment compensation (reemployment assistance) benefits statement;

3. Recent federal income tax return; or

4. Verification of earnings from the employer’s human resources director or other authorized human resources supervisor, employee administrative services supervisor, chief financial officer, chief executive officer, president, or owner. on the employer’s letterhead and signed by the company’s financial or chief executive officer; or

(h) through (l) 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, _________.

 

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 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 at rule 2A-2.017(13), F.A.C.

(4) The criminal or delinquent act must be reported to law enforcement within 72 hours from the time that the event is known to have occurred. When the act is reported later than 72 hours after the incident occurred, the victim/applicant must provide an explanation for the reporting delay which demonstrates good cause. Acceptable explanations for good cause include:

(a) 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, because of their age or disability, was physically unable to report the incident within 72 hours.

(5) 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 receipts acceptable documentation of replacement costs for 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.

(6) Acceptable documentation of replacement costs include 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.

(7)(6) Definitions:

(a) through (g) No change.

(h) “Tangible personal property” means property that can be seen, weighed, measured, felt, or touched or is in any way perceptible to the senses., excluding abandoned property, cash or other negotiable instruments, contraband or other illicit items, fees (impound, pawn shop, towing), bank accounts, stock, options, and business goodwill.

(i) No change.

(8)(7) Compensation may be paid for the cost of the item, plus tax, delivery and installation, up to a maximum of $500 per claim and a $1,000 lifetime maximum on all property loss claims. Victims/Applicants may apply and be eligible for issuance of the insurance waiver provision identified in section 624.128, F.S., regardless of the amount previously compensated.

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

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

(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.

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

(10) Compensation is not available for contraband, other illicit items, or abandoned property.

(11) 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.

(11) Acceptable documentation of replacement costs include 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, email address, and name and title of the employee providing the estimate.

(12) 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.

Rulemaking Authority 960.045(1)(b) FS. Law Implemented 960.195 FS. History–New 7-1-10, Amended 10-1-14, __________.

 

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 at rule 2A-2.017(1), F.A.C. The BVC106DV Domestic Violence Relocation Certification Worksheet is incorporated at rule 2A-2.017(2), F.A.C.

(3) through (6)(c) No change.

(6) The victim must cooperate with proper authorities, except when:

(d) A language or cultural barrier precludes effective communication with proper authorities.

(7) through (a) No change.

(b) Certify that he or she will comply with Section 960.198(2), F.S.;

(c) No change.

(d) Accept the funds at the center within 30 days of payment issuance;

(e) Submit receipts which must be received by the department to the department within 45 days of payment issuance receipt of the funds; and

(f) through (g) No change.

(h) Acknowledge that the department shall deny, reduce, or withdraw any award if receipts are not received by the department submitted within 45 days of payment issuance, or if receipts do not reflect compensable relocation expenditures.

(8) through (9) No change.

(a) Certify compliance with the provisions of Section 960.198(2), F.S.

(b) through (g) No change.

(h) Verify that an Office of the Attorney General authorized applicant assistant must witness the victim’s acceptance of payment and forward a signed Notification of Possible Recoupment and/or Prosecution for Fraud Form to the department; and

(i) Verify that the victim/applicant has provided personal identification; and.

(j) Verify that the victim has developed a safety plan.

(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 at rule 2A-2.017(9), F.A.C.

(12)(11) The certification shall include the victim’s name and date of birth; the applicant’s name and date of birth, if applicable, and the certified domestic violence center applicant assistant’s name, mailing address, email address, telephone number and fax number.

(13)(12) 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 issue. An applicant assistant must witness the acceptance of payment. The BVC421DV Notification of Possible Recoupment and/or Prosecution for Fraud Form is incorporated at 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) The victim/applicant attests to the fact that they will fully comply with the requests of the proper authorities, and in prosecuting known offenders;

(b) The victim/applicant agrees to spend the award and submit receipts for approved expenditures listed on the certification worksheet. They affirm understanding that efforts to recoup the monies will be initiated if the necessary documentation is not received by the department within 45 days from payment issuance;

(c) The victim/applicant is aware that efforts to recoup monies will be initiated if receipts are not submitted;

(d) The victim/applicant is aware that they will face possible criminal prosecution for fraud if false representations to receive the money or use the funds for purposes other than relocating as identified on their safety plan are proven; and

(e) The victim/applicant acknowledges receipt of the funds in the amount of the payment as approved by the Office of the Attorney General, Bureau of Victim Compensation.

(f) The victim/applicant is aware that no additional benefits of any type can be approved until the department receives proof of compensable receipts.

(14)(13) Monies payable under Section 960.198, F.S., may be made in the form of a bank card, voucher, check, or state warrant, or any other method determined by the Office of the Attorney General, Bureau of Victim Compensation. Awards will be administered based on the availability of funds. The department shall determine how those funds are disbursed.

(15)(14) Any attempt to spend funds for unauthorized goods or services will result in withdrawal of the award and denial of the application. Any expense not directly related to relocation is an unauthorized expenditure.

(16)(15) If the victim has not accepted the funds at the center within 30 days of payment issuance issue, the center shall return the funds to the department and certification of immediate need will be revoked.

(17)(16) Upon receipt of the returned funds by the department, eligibility will be rescinded. This action does not in any way create further appeal rights.

Rulemaking Authority 960.045(1)(b) FS. Law Implemented 960.198 FS. History–New 7-1-10, Amended 10-1-14, __________

 

2A-2.015 Sexual Battery Relocation Assistance.

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

(d) A certified representative will be available to witness the victim’s acceptance of payment and forward a signed Notification of Possible Recoupment and/or Prosecution for Fraud Form Notification of Recoupment Form to the department; and

(e) No change.

(f) If the award is not picked up by the victim/applicant within 30 days of issuance, their certification of the attached application will be revoked and the claim will be denied;

(g) A crisis center representative must witness the victim’s acceptance of payment and forward a signed Notification of Possible Recoupment and/or Prosecution for Fraud Form to the department.

(6) 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 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 at rule 2A-2.017(1), F.A.C. The BVC106RS Sexual Battery Relocation Certification Worksheet is incorporated at rule 2A-2.017(3), F.A.C.

(7) When an application for relocation is received later than one year after the crime and less than two years after the incident, the claimant must provide a good cause an explanation for the late filing.

(a) Good cause for late filing is demonstrated when the record shows the claimant was pursuing other means of recourse, did not know about the program, or when the claimant was not emotionally, mentally, or physically able to file the claim within one year after the date of the crime. 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) through (8)(b) No change.

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

(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.

(9) through (e) No change.

(f) Submit receipts which must be received by to the department within 45 days from the date the payment was issued of receipt of the funds;

(g) through (i) No change.

(j) Acknowledge that the department shall deny, reduce, or withdraw any award if receipts are not received by the department within 45 days of payment issuance, or if receipts do not reflect compensable relocation assistance expenses.

(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 at rule 2A-2.017(9), F.A.C.

(11) through (12) No change.

(13) The Office of the Attorney General authorized applicant assistant must:

(a) Certify compliance with the provisions of section 960.199, F.S.;

(b) Verify that the crime incident was identified by the proper authorities as a sexual battery defined by 794.011, F.S.;

(c) Verify that the victim is in need of relocation assistance based on a reasonable fear for their continued safety at their current residence due to the sexual battery crime;

(d) Verify that the victim is cooperating with the proper authorities, the department, and the state attorney in prosecuting known offenders;

(e) Affirm that the victim/applicant provided personal identification documentation which was reviewed prior to certifying the application;

(f) Verify that the victim has developed a safety plan;

(g) Acknowledge understanding that they or another representative must witness the victim’s acceptance of payment and forward a signed Notification of Recoupment and/or Prosecution for Fraud Form to the department; and

(h) Verify that they have notified the victim/applicant that if funds are awarded, he/she must accept the funds at the center within 30 days of payment issuance. If the payment is not collected, they authorize the department to rescind eligibility and revoke their certification of that application.

(14)(13) If approved, the award will be made payable to the victim as a reimbursement or advance based on a written estimate. Payments will be forwarded to the respective certified rape crisis center. Awards will be administered based on the availability of funds. The department shall determine how those funds are disbursed. Monies paid may be made in the form of a bank card, voucher, check, electronic transmittal, state warrant, or any other method approved by the Office of the Attorney General, Bureau of Victim Compensation.

(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. Any attempt to spend funds for unauthorized goods or services will result in withdrawal of the award. Any expense not directly related to relocation is an unauthorized expenditure. If a recoupment notice is issued because receipts were not acceptable or were not submitted, then additional benefits on any claim will be suspended for that individual by this department until the recouped amount has been satisfied. The BVC421RS Notification of Possible Recoupment and /or Prosecution for Fraud Form is incorporated 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) Acknowledge understanding that they must comply with the obligations set forth in Section 960.199, F.S.;

(b) Affirm that they will fully comply with the requests of proper authorities, and will cooperate with prosecuting known offenders. Acknowledge understanding that failure to cooperate will result in a denial of eligibility and a withdrawal of the award;

(c) Agree to submit receipts for approved expenses as listed on the Sexual Battery Relocation Certification Worksheet. Receipts must be received by the department within 45 days from payment issuance;

(d) Affirm understanding that efforts to recoup the monies will be initiated if the necessary documentation is not received by the department within 45 days of payment issuance, or if receipts do not reflect compensable relocation expenditures;

(e) Understand that they will face possible criminal prosecution for fraud under Section 960.18, F.S., if they have made false representations to receive the money or do not use the funds in accordance with their safety plan.

(f) The victim/applicant is aware that no additional benefits of any type can be approved until the department receives proof of compensable expenses.

(16)(15) If the victim has not accepted the funds at the center within 30 days of issue, the center shall return the funds to the department and withdraw the certification. Upon receipt of the returned funds by the department, eligibility will be withdrawn. This action does not in any way create further appeal rights.

Rulemaking Authority 960.045(1)(b) FS. Law Implemented 960.199 FS. History–New 11-19-12, Amended 10-1-14,_________.

 

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. or by the state attorney or statewide prosecutor who has jurisdiction over the crime. The certification must accompany the application.

(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 at rule 2A-2.017(1), F.A.C. The BVC106HT Human Trafficking Relocation Certification Worksheet is incorporated at rule 2A-2.017(4), F.A.C.

(3) A certified rape crisis center or domestic violence center representative’s certification must include additional approval by a state attorney or statewide prosecutor attesting to the victim’s cooperation with the proper authorities.

(3)(4) A certified rape crisis or domestic violence center representative is one who has completed specialized training provided by the Office of the Attorney General and is authorized to assist the victim in filing a claim for human trafficking relocation assistance. Center representatives are qualified to certify applications for up to two years after completion of specialized training. Training certification is withdrawn when the center representative resigns or is terminated from their existing position.

(4) 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 Sections 787.06(3)(b),(d),(f), or (g), F.S.

(5) 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 45 days immediately following the crime or threat.

(6) “Urgent assistance” is defined as 45 days directly following the crime or an identifiable threat by a human trafficking offender, as defined in Sections 787.06(3) (b), (d), (f), or (g), F.S., Both the crime and identifiable threat must be communicated to the proper authorities.

(7) Exceptions to urgent assistance include:

(a) Victims for whom a convicted human trafficking offender is within 30 days of pending release from incarceration. In cases involving release, the original human trafficking offense report must be provided along with court or Department of Corrections documentation regarding pending release of the offender.

(b) When law enforcement, state attorney, statewide prosecutor, or federal prosecutor says in writing there is a present need to relocate the victim due to the threat of future violence.

(8)(5) The certification worksheet shall include the victim’s name and date of birth; the applicant’s name and date of birth, if applicable; the last four digits of the victim/applicant’s social security number for authentication purposes; a statement describing how funding will be used to execute the safety measures outlined in the victim’s safety plan; identification of each relocation expense; and the following victim/applicant acknowledgements:

(a) The victim/applicant will comply with Section 960.1969, F.S., and understands that criminal prosecution for fraud shall be pursued if they make false representations to receive money pursuant to Section 960.18, F.S.;

(b) The victim/applicant does not currently live with and will not in the future live with any offender involved in the human trafficking offense the abuser/offender if the abuser/offender is known;

(c) The victim/applicant attests to the fact that there are no other collateral resources to assist with relocation expenses;

(c)(d) The victim/applicant agrees to provide the department with itemized receipts which must be received within 45 days of payment issuance;

(d)(e) The victim acknowledges understanding that receipts must be emailed to [e-mail], or faxed to [phone] or [phone] to be considered for any additional awards.

(e)(f) The victim/applicant understands that the department shall deny, reduce, or withdraw any award for compensation if receipts are not received submitted within 45 days of payment issuance, or if receipts submitted do not reflect compensable expenditures necessary for relocation;

(f)(g) The victim/applicant attests to the fact that they require financial assistance for relocating based on an urgent need to escape from an unsafe environment directly resulting from the human trafficking offense as described in section 787.06 (3)(b), (d), (f), or (g), F.S. the crime was committed at their place of residence or in a location that led them to reasonably fear for their continued safety in their place of residence;

(g)(h) The victim/applicant must duly swear to cooperate with the proper authorities, including but not limited to the state attorney, statewide and federal prosecutors, all law enforcement agencies, and the department;

(h)(i) The victim/applicant must acknowledge assures the department that the application is being made within one year from the date of crime. If not, the victim/applicant must provide a good cause explanation.; and

(j) The victim/applicant assures the department that the crime was reported to the proper authorities within 72 hours. If not, the victim/applicant must provide a good cause explanation.

(9)(6) When an application for relocation is received later than 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 late filing. Acceptable explanations for good cause include:

(a) Good cause for late filing is demonstrated when Tthe record shows the victim was pursuing other means for obtaining financial assistance with relocation expenses; of recourse,

(b) The victim did not know about the program;, or when

(c) Tthe 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.

(b) No explanation is acceptable for an adult filing a claim more than two years after the occurrence of the crime under this section.

(10) In cases that exceed the two year filing requirement the victim’s need for 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.

(7) The incident must be reported to the proper authorities within 72 hours after the occurrence. Exceptions for good cause include:

(a) 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 was communicated to the proper authorities;

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

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

(11)(8) By certifying the worksheet, the certified rape crisis center representative, certified domestic violence center representative, state attorney, or statewide prosecutor affirms the following:

(a) No change.

(b) 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 2 years from the last date of the crime and 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. The victim/applicant is in need of relocation assistance based on a reasonable fear for their continued safety at their current place of residence;

(c) through (f) No change.

(g) The victim/applicant has cooperated with proper authorities in investigating and prosecuting known offenders.

(h) The victim/applicant has been notified of all applicable rules and regulation, and that failure to comply with those requirements shall result in a withdrawal of the award and a denial of the claim.

(9) By approving the victim’s cooperation, the state attorney or the statewide prosecutor affirms the following:

(a) The office they represent has jurisdiction for prosecuting the human trafficking crime; and

(b) The victim has cooperated with law enforcement officials in investigating and prosecuting known offenders.

(12)(10) 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 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)(11) It is the responsibility of the certifying representative certified rape crisis center, certified domestic violence center, state attorney, or statewide prosecutor to obtain and review personal identification documentation before certifying a victim’s need for assistance.

(14)(12) If approved, the award will be made payable to the victim/applicant as a reimbursement or advance based on the written specified dollar amount recorded by the victim/applicant on the certification worksheet. Payments will be forwarded to the certifying center or respective certified rape crisis center, certified domestic violence center, state attorney’s office, or statewide prosecutor’s office. Awards will be administered based on the availability of funds. The department shall determine how those funds are disbursed. Monies paid may be made in the form of a bank card, voucher, check, electronic transmittal, state warrant, or any other method approved by the Office of the Attorney General, Bureau of Victim Compensation.

(15)(13) A representative from the certifying center or office certified rape crisis or domestic violence center representative, state attorney, or statewide prosecutor must witness the victim/applicant’s acceptance of payment and . The representative will be responsible for having the victim/applicant acknowledge and sign a Notification of Possible Recoupment and/or Prosecution for Fraud Form before providing the award to the victim/applicant. The distributing representative must forward same will also be responsible for forwarding the Notification of Possible Recoupment and/or Prosecution for Fraud to the Office of the Attorney General, Bureau of Victim Compensation.

(16)(14) The certified rape crisis or domestic violence center representative, state attorney, or statewide prosecutor who is distributing the payment must verify that they have counseled the recipient in regards to all aspects of the program and the obligations and responsibilities for receiving the funds, and verify the certification information as it was originally submitted.

(17)(15) The Notification of Possible Recoupment and/or Prosecution for Fraud Form is incorporated by rule 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) No change.

(b) The victim/applicant agrees to spend the award and submit receipts for approved expenditures listed on the certification worksheet which must be received by the department within 45 days from payment issuance;

(c) The victim/applicant is aware that efforts to recoup monies will be initiated if receipts are not received submitted within 45 days of payment issuance;

(d) through (e) No change.

(18)(16) If the victim/applicant has not accepted the funds at the center or office within 30 days of issuance, the certified rape crisis or domestic violence center, state attorney, or statewide prosecutor shall return the funds to the department and withdraw the certification. Upon receipt of the returned funds by the department, eligibility will be rescinded. This action does not in any way create further appeal rights.

(19)(17) Any attempt to spend funds for unauthorized goods or services will result in withdrawal of the award. Any expense not directly related to relocation is an unauthorized expenditure. If a recoupment notice is issued because receipts were not acceptable or were not submitted, then additional benefits on any claim will be suspended for that individual by this department until the recouped amount has been satisfied.

(20)(18) By delegation or appointment by a state attorney, an assistant state attorney is qualified to complete the certification worksheet, certify the victim’s cooperation, and witness payment acceptance.

(21) The victim/applicant must cooperate with 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.

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

 

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 27, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 20, 2015