The proposed rule amendments are intended to clarify definitions, documentation requirements, amend benefits, and procedures for claims filed pursuant to the Crimes Compensation Act including changes in response to recent statutory changes.

 

DEPARTMENT OF LEGAL AFFAIRS

Division of Victim Services and Criminal Justice Programs

RULE NO.: RULE TITLE:

2A-2.002 Victim Compensation Claims

2A-2.013 Property Claims

2A-2.014Domestic Violence Relocation Assistance

2A-2.017 Forms

2A-2.018Emergency Responder Death Benefits

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 including changes in response to recent statutory changes.

SUMMARY: The rule amendments reflect changes in definitions, benefits and documentation requirements as well as responses to recent statutory changes and the agency's new web portal.

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.

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, 960.03, 960.196, 960.14 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) 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 located at https://vanext.myfloridalegal.com/. The application entitled BVC100 Bureau of Victim Compensation Claim Form is incorporated in subsection 2A-2.017(1), F.A.C. The application must include the following information:

(a) through (m) No change.

(2) through (4) No change.

(5) Penalty Assessments.

(a) through (d) No change

(e) A penalty assessment of more than 25 percent will result in the denial of benefits.

(6) No change.

(7) Documentation Requirements –

(a) through (b) No change

(c) Acceptable documentation for proof that a compensable crime occurred shall include:

1. through 5. No change.

6. A written communication from any Federal Law Enforcement agency the United States Federal Bureau of Investigations;

7. A certification by a cybercrime investigator  of a crime for purposes of Section 960.197, F.S.; or

8. No change.

(d) 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, 2-29-16, 6-30-16, _________________.

 

2A-2.013 Property Claims.

(1) through (9) No change.

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

(a) No change.

(b)Examples of property that are not compensable include real property, 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.

(11) through (12) No change.

Rulemaking Authority 960.045(1)(b) FS. Law Implemented 960.195 FS. History–New 7-1-10, Amended 10-1-14, 2-29-16, ________________.

 

2A-2.014 Domestic Violence Relocation Assistance.

(1) through (2) No change.

(3) Application for relocation assistance must be received by the Office of the Attorney General, Bureau of Victim Compensation within 30 days immediately following the occurrence of the domestic violence offense, unless an exception set forth  in  subsection 2A-2.014 (5), F.A.C. applies.

(4) through (17) No change.

Rulemaking Authority 960.045(1)(b) FS. Law Implemented 960.198 FS. History–New 7-1-10, Amended 10-1-14, 2-29-16, _________.

 

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, [phone]:

(1) Any person desiring to apply for Victim Compensation, Property Loss, or relocation benefits shall submit a completed form BVC100, Bureau of Victim Compensation Claim Form revised (07/15), adopted and incorporated by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-06417.

(2) through (14) No change.

(15) Any person desiring to apply for Emergency Responder Death Benefits shall submit a completed form BVC100ER, Emergency Responder Death Benefit Claim Form revised (06/17), adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-08564.

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 2-11-16, Amended__________________.

 

2A-2.018 Emergency Responder Death Benefits

(1) Application. The application entitled BVC100ER Emergency Responder Death Benefit Claim Form must be submitted and is incorporated in subsection 2A-2.017(15), F.A.C. An application for emergency responder death benefits 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]; emailed to [e-mail], or submitted via the department’s web-portal located at https://vannext.myfloridalegal.com.

(2) 2A-2.018Acceptable documentation for proof that a compensable crime occurred shall include:

(a) A law enforcement report that affirms a crime occurred, regardless of whether an offender can be identified;

(b) An affidavit charging an individual with a crime filed by law enforcement;

(c) An information charging an individual with a crime filed by a state attorney;

(d) An indictment by a grand jury;

(e) A child abuse investigation report completed by a Department of Children and Families or child protection team member;

(f) A written communication from any Federal Law Enforcement agency;

(g) A certification by a cybercrime investigator of a crime for purposes of Section 960.197, F.S.; or

(h) A completed form BVC430 Law Enforcement Information Reporting Form which is incorporated in subsection 2A-2.017(9), F.A.C.

(3) In making a determination of contribution pursuant to Section 960.143(3), F.S., the department will rely substantially on information in writing from a proper authority that the victim’s conduct contributed to his or her injury or death.  Penalty assessments, if imposed, will be applied at the rate of 25 percent of the amount payable.  A penalty assessment of more than 25 percent will result in the denial of benefits, unless the responder’s actions are excused by statute.

(4)  It is the express intent of the Office of the Attorney General, Bureau of Victim Compensation to release benefits with as little delay as possible.  Awards will be released upon the completion and approval of the first eligible application(s).   Payment to the first applicant(s) who are approved for payment will foreclose any future payments or applications. 

Rulemaking Authority 960.045(1) FS. Law Implemented 960.194 FS. History–New                      .

 

 

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

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 31, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 3, 2017