To add Human Trafficking Relocation Assistance to the program.

 

DEPARTMENT OF LEGAL AFFAIRS

Division of Victim Services and Criminal Justice Programs

RULE NO.:RULE TITLE:

2A-2.016Human Trafficking Relocation Assistance

PURPOSE AND EFFECT: To add Human Trafficking Relocation Assistance to the program.

SUMMARY: This rule provides the definitions, eligibility, application and documentation requirements and processes for victims of crime, as well as the role of the program assistants assisting the victims in the process.

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) FS.

LAW IMPLEMENTED: 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, Department of Legal Affairs, PL-01, The Capitol, Tallahassee, Florida 32399-1050, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

2A-2.016 HumanTrafficking 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, 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].

(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.

(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.

(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 960.199, 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 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;

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

(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.

(f) The victim/applicant understands that the department shall deny, reduce, or withdraw any award for compensation if receipts are not submitted, or if receipts submitted do not reflect expenditures necessary for relocation;

(g) The victim/applicant attests to the fact that 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;

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

(i) The victim/applicant 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.

(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 an explanation for the late filing.

(a) Good cause for late filing is demonstrated when the record shows the victim was pursuing other means of recourse, did not know about the program, or when the victim was not emotionally, mentally, or physically able to file the claim within one year after the date of the crime.

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

(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.

(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) The crime incident was identified by the proper authorities as human trafficking defined by Section 787.06(3) (b), (d), (f), or (g), F.S.;

(b) 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) The victim/applicant has provided personal identification which was reviewed prior to certifying the application;

(d) The victim has developed a safety plan;

(e) A 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;

(f) The victim/applicant was notified that if funds are awarded, he/she must accept the funds at the center/office within 30 days of issuance or have the certification rescinded.

(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.

(10) Proof of a human trafficking crime which meets the definition of Section 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 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.

(11) It is the responsibility of the 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.

(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 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.

(13) A certified rape crisis or domestic violence center representative, state attorney, or statewide prosecutor must witness the victim/applicant’s acceptance of payment. 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 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.

(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 receiveing the funds, and verify the certification information as it was originally submitted.

(15) The Notification of Possible Recoupment and /or Prosecution for Fraud Form reiterrates 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 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.

(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.

(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.

(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.

Rulemaking Authority 960.045(1)(b) FS. Law Implemented 960.199 FS. History–New__________.

 

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: August 27, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 15, 2014