The proposed rule amendments are intended to clarify definitions, documentation requirements, amend 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 NO.:RULE TITLE:

2A-2.002Victim Compensation Claims

PURPOSE AND EFFECT: The proposed rule amendments are intended to clarify definitions, documentation requirements, amend 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 mental health treatment for victims and increases 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 and that these rule amendments will not require ratification by the Legislature. This proposed rulemaking will not have an adverse impact or effect regulatory costs in excess of $1 million within five years as established in Sections 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, 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) through (6) (f) 5. No change.

6. A surviving minor child of a deceased victim, or a minor victim who was physically injured, may receive mental health care. When multiple applicants qualify for this benefit, payment is limited to $7,500 per claim.

6. 7. A surviving spouse, parent, adult child, or sibling of a deceased victim may receive mental health grief counseling care, provided total treatment/mental health benefits do not exceed $7,500 per claim. When more than one applicant applies, each adult applicant shall receive no more than $5,000 of the total benefit, not to exceed $10,000 per claim.

7. 8. When a minor receiving mental health treatment care reaches the age of 18, the adult benefit level of $2,500 per claim is applied to the entire claim. If that benefit amount has already been paid, no further benefits are available.

8. 9. Out-of-pocket reimbursement to the victim/applicant for payment to mental health service providers is payable at 100 percent, not to exceed total benefit limits, except when the offender would be unjustly enriched directly or indirectly. In that event, reimbursement is not compensable.

9. 10. Reimbursement for transportation costs to mental health treatment appointments requires the submission of an itemized bill by the treating provider and a reasonable estimate of the mileage between the victim/applicant’s residence. Rental car charges may be compensable for travel to another city for mental health treatment. A traveler who uses an indirect route for personal convenience must bear any extra costs; reimbursement for expenses shall be based only on such charges as would have been incurred by a usually-traveled route.

(g) through (j) 7. No change.

(k) The schedule of benefits for claims timely filed pursuant to the Crimes Compensation Act, except Sections 960.197 and 960.28, F.S., includes:

BENEFIT TYPE	Maximum Benefit Amount                             (up to)	Timeframe Within Which Loss Must Be Incurred (up to)
Wage Loss	$15,000 at a rate of 66.667%        or GAWW	one year
Parental Wage Loss	$15,000 at a rate of 66.667%         or GAWW	one year
Loss of Support	$25,000	n/a
Disability	$15,000	n/a
Catastrophic Disability	$50,000	n/a
Crime Scene Cleanup	$1,500	7 days
Medical/Dental  Treatment	$10,000 at a rate of 66.667%	one year
Mental Health Injured Minor (until age 18)	$10,000 at a rate of 66.667%	n/a
Mental Health Inpatient Crisis Stabilization	$10,000 at a rate of 66.667%	7 days
Mental Health Injured Adult Victim	$5,000 at a rate of 66.667%	one year
Mental Health Minor Witness	$5,000 at a rate of 66.667%	one year
Mental Health Minor Victim Mental Injury	$10,000 at a rate of 66.667%	(until age 18)
Mental Health Adult or Minor Victim of Forcible Felony (non injury)	$5,000 at a rate of 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 payout)	$10,000 ($5,000 each adult applicant)    at a rate of 66.667%	one year
Funeral/Burial	$7,500	n/a
Property Loss	$500	date loss discovered
Domestic Violence Relocation	$1,500  (two increments                               up to $750 each)	receipts submitted within 45 days
Sexual Battery Relocation	$1,500  (two increments                               up to $750 each)	receipts submitted within 45 days
Human Trafficking Relocation	$1,500  (two increments                              up to $750 each)	receipts submitted within 45 days
Sexual Battery Forensic Examinations	$500	date of exam

 

Benefit

Maximum benefit           amount

Timeframe within which loss must be incurred after the date of the crime

1.

Wage loss

a.

Victim

$15,000

one year

b.

Parent

$15,000

one year

2.

Disability

$15,000

n/a

3.

Loss of Support

$25,000

n/a

4.

Catastrophic Injury

$30,000

n/a

5.

Mental Health Treatment (per claim)

$7,500

(varies)

a.

Minor (until age 18) when victim is deceased

$7,500

n/a

b.

Adult when victim is deceased

$2,500

one year

c.

Adult or minor, inpatient crisis stabilization (7 days)

$7,500

one year

d.

Adult victim

$2,500

one year

e.

Minor victim (until age 18)

$7,500

n/a

f.

Minor witness

$2,500

one year

g.

Victim of forcible felony

$2,500

one year

h.

Victim of child pornography

$7,500

n/a

(l) Total benefits paid on a single claim cannot exceed the $15,000 when the victim is not deceased, or catastrophically injured, $25,000 when the victim is deceased, or $50,000 when the victim has sustained a catastrophic injury as defined in Section 960.03(1), F.S. Benefits paid to medical, mental health, or grief counseling treatment providers shall be paid at a rate of 66.667% or less depending on the availability of funds.

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, _____________.

 

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: July 08, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 4, 2015