Claims

DEPARTMENT OF LEGAL AFFAIRS
Division of Victim Services and Criminal Justice Programs

RULE NO: RULE TITLE
2AER09-1: Claims
SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE: The proposed emergency rule is necessary to maintain the solvency and financial integrity of the Crimes Compensation Trust Fund. Benefits are being paid at a rate the trust fund cannot continue to support according to an urgent directive from the agency budget director. There is an immediate danger to the public’s welfare because innocent crime victims depend on the trust fund to assist them in paying their crime related expenses. Without access to the medical benefits the trust fund provides, crime victims may not be able to get the care they need, thereby impacting both the public’s health and safety, because the trust fund’s solvency to pay any benefits is in jeopardy.
REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES: The agency concludes this rulemaking procedure is fair under the circumstances, since the crime victims in the State of Florida must be able to make a claim for assistance and receive some benefits, even if it is at a reduced rate. Fiscal prudence dictates that benefits be reduced immediately, and the agency has statutory authority to pay reduced benefits when rules are promulgated (see Section 960.13(9)(b), F.S.).
SUMMARY: The emergency rule incorporates amendments to form BVC-P001 that will lower the mental health and domestic violence relocation benefits paid to some victims from the Crimes Compensation Trust Fund.
THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Ms. Gwen Roache, Bureau Chief, PL-01, The Capitol, Tallahassee, Florida 32399-1050

THE FULL TEXT OF THE EMERGENCY RULE IS:

2AER09-1 (2A-2.002) Claims.

Application and benefit payment criteria, limitations and procedures for victim assistance are provided in the publication entitled “Victim Compensation Assistance,” BVC-P001 (Rev. 5/09) (Rev. 9/07), effective 1-16-08, which is incorporated into these rules by reference. This publication is available by telephoning [phone], or via website at: www.myfloridalegal.com/victims. In addition, the following documents are incorporated into this rule by reference:

(1) BVC 100, entitled “Victim Compensation Claim Form,” (rev. 3/03), effective 5-13-03.

(2) BVC 100SF, entitled “Victim Compensation Claim Form” (Short Form), (10/99), effective 2-3-00.

(3) BVC 102, entitled “Filing Time Explanation” (1/99), effective 8-17-99.

(4) BVC 103, entitled “Reporting Time Explanation” (2/99), effective 8-17-99.

(5) BVC 104, entitled “Non-Cooperation Explanation” (1/99), effective 8-17-99.

(6) BVC 105, entitled “Domestic Violence Relocation Certification” (8/01), effective 10-23-01.

(7) BVC 105A, entitled “Domestic Violence Relocation Expense Worksheet,” (8/01), effective 10-23-01.

(8) BVC 211, entitled “Notice of Rights – Hearing Request,” (3/99), effective 8-17-99.

(9) BVC 405, entitled “Employment Report,” (1/99), effective 8-17-99.

(10) BVC 409, entitled “Treatment Statement,” (2/99), effective 8-17-99.

(11) BVC 410, entitled “Disability Statement,” (1/99), effective 8-17-99.

(12) BVC 421, entitled “Notification of Possible Recoupment or Prosecution for Fraud” (8/01), effective 10-23-01.

Rulemaking Specific Authority 960.045(1) 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, 5-29-09.

THIS RULE TAKES EFFECT UPON BEING FILED WITH THE DEPARTMENT OF STATE UNLESS A LATER TIME AND DATE IS SPECIFIED IN THE RULE.
EFFECTIVE DATE: May 29, 2009