To amend the Schedule of Benefits for claims paid to victims from the Crimes Compensation Trust Fund, for claims filed pursuant to the Crimes Compensation Act.

 

DEPARTMENT OF LEGAL AFFAIRS

Division of Victim Services and Criminal Justice Programs

RULE NO.:RULE TITLE:

2A-2.002Victim Compensation Claims

PURPOSE AND EFFECT: To amend the Schedule of Benefits for claims paid to victims from the Crimes Compensation Trust Fund, for claims filed pursuant to the Crimes Compensation Act.

SUMMARY: The rule amendments reflect changes to the Schedule of Benefits

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.

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) through (6) No change.

(7) Documentation Requirements -

(a) through (j) No change.

(k) The schedule of benefits for claims timely filed pursuant to the Crimes Compensation Act, includes:

BENEFIT TYPE	Maximum Benefit Amount (up to)	Timeframe Within Which Loss Must Be Incurred from Date of Crime (up to)
Wage Loss	$7,500.00 $15,000.00 at a rate of 50%66.667% or GAWW	one year
Parental Wage Loss	$7,500.00 $15,000.00 at a rate of 50%66.667% or GAWW	one year
Loss of Support	$12,500.00 $25,000.00	n/a
Disability	$7,500.00 $15,000.00	n/a
Catastrophic Disability	$25,000.00 $50,000.00	n/a
Crime Scene Cleanup	$1,000.00 $1,500.00	7 days
Medical/Dental Treatment	$5,000.00 $10,000.00 at a rate of 50%66.667%	one year
Mental Health Injured Minor (until age 18)	$5,000.00 $10,000.00 at a rate of 50%66.667%	n/a
Mental Health Inpatient Crisis Stabilization	$5,000.00 $10,000.00 at a rate of 50%66.667%	7 days
Mental Health Injured Adult Victim	$2,500.00 $5,000.00 at a rate of 50%66.667%	one year
Mental Health Minor Witness	$2,500.00 $5,000.00 at a rate of 50%66.667%	one year
Mental Health Minor Victim Mental Injury (until age 18)	$5,000.00 $10,000.00 at a rate of 50%66.667%	n/a (until age 18)
Mental Health Adult or Minor Victim of Forcible Felony (non-injury)	$5,000.00 at a rate of 50%66.667%	one year
Grief Counseling (surviving spouse, parent, step-parent, child, step-child, sibling, step-sibling, or other dependent of a deceased victim; combined total benefit cannot exceed $10,000.00 payout)	$5,000.00 $10,000.00 ($2,500.00$5,000.00 each adult applicant) at a rate of 50% 66.667%	one year
Funeral/Burial	$7,500.00	n/a
Property Loss	$500.00	date loss discovered
Domestic Violence Relocation	$1,000.00 $1,500.00	receipts submitted within 45 days
Sexual Battery Relocation	$1,000.00 $1,500.00	receipts submitted within 45 days
Human Trafficking Relocation	$1,000.00 $1,500.00	receipts submitted within 45 days
Sexual Battery Forensic Examinations	$500.00	date of exam
Emergency Responder Death Benefit	$50,000.00	n/a

(l) Total benefits paid on a single claim cannot exceed $7,500.00 $15,000.00 when the victim is not deceased, or catastrophically injured, $12,500.00 $25,000.00 when the victim is deceased, or $25,000.00 $50,000.00 when the victim has sustained a catastrophic injury as defined in section 960.03(1), F.S., as a direct result of the crime, or $50,000 when was an emergency responder was killed in the line of duty. Benefits paid to medical, mental health, or grief counseling treatment providers shall be paid at a rate of 50% 66.667% or less depending on the availability of funds. Property loss cannot exceed $500.00 on any one claim, and a lifetime maximum of $1,000.00 on all claims. Benefits paid for relocation claims cannot exceed $1,000.00 $1,500.00 on any one claim, and a lifetime maximum of $3,000.00 for the same relocation claim type.

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, ______________.

 

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: July 11, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 24, 2019