Bill Text: FL S1104 | 2023 | Regular Session | Comm Sub
Bill Title: Victim Compensation Claims
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2023-04-28 - Laid on Table, companion bill(s) passed, see CS/HB 1577 (Ch. 2023-303) [S1104 Detail]
Download: Florida-2023-S1104-Comm_Sub.html
Florida Senate - 2023 CS for SB 1104 By the Appropriations Committee on Criminal and Civil Justice; and Senator Wright 604-03774-23 20231104c1 1 A bill to be entitled 2 An act relating to victim compensation claims; 3 amending s. 960.07, F.S.; authorizing the Department 4 of Legal Affairs to issue waivers of any claim filing 5 deadlines for specified victim claims for compensation 6 upon a showing that a delay in filing the application 7 occurred because of a delay in the testing of, or 8 delay in the DNA profile matching from, a sexual 9 assault forensic examination kit or biological 10 material collected as evidence related to a sexual 11 offense; conforming provisions to changes made by the 12 act; making technical changes; providing an effective 13 date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. Subsections (2), (3), and (4) of section 960.07, 18 Florida Statutes, are amended to read: 19 960.07 Filing of claims for compensation.— 20 (2) Except as provided in subsections (3) and (4), a claim 21 must be filed in accordance with this subsection. 22 (a)1. A claim arising from a crime occurring before October 23 1, 2019, must be filed within 1 year after: 24 a. The occurrence of the crime upon which the claim is 25 based. 26 b. The death of the victim or intervenor. 27 c. The death of the victim or intervenor is determined to 28 be the result of a crime, and the crime occurred after June 30, 29 1994. 30 2. Upon a showing that a delay in filing a claim under this 31 paragraph occurred because of a delay in the testing of, or 32 delay in the DNA profile matching from, a sexual assault 33 forensic examination kit or biological material collected as 34 evidence related to a sexual offense, a person who is eligible 35 for compensation under subsection (1) may receive a waiver from 36 the department of any claim filing deadline. 37 3. For good cause based on a reason other than a delay as 38 described in subparagraph 2., the department may extend the time 39 for filing a claim under subparagraph 1. for a period not 40 exceeding 2 years after such occurrence. 41 (b)1. A claim arising from a crime occurring on or after 42 October 1, 2019, must be filed within 3 years after the later 43 of: 44 a. The occurrence of the crime upon which the claim is 45 based; 46 b. The death of the victim or intervenor; or 47 c. The death of the victim or intervenor is determined to 48 be the result of the crime. 49 2. Upon a showing that a delay in filing a claim under this 50 paragraph occurred because of a delay in the testing of, or 51 delay in the DNA profile matching from, a sexual assault 52 forensic examination kit or biological material collected as 53 evidence related to a sexual offense, a person who is eligible 54 for compensation under subsection (1) may receive a waiver from 55 the department of any claim filing deadline. 56 3. For good cause based on a reason other than a delay as 57 described in subparagraph 2., the department may extend the time 58 for filing a claim under subparagraph 1. for a period not to 59 exceed 5 years after such occurrence. 60 (3)(a) Notwithstandingthe provisions ofsubsection (2), if 61 the victim or intervenor was under the age of 18 at the time the 62 crime upon which the claim is based occurred, a claim may be 63 filed in accordance with this subsection. 64 1.(a)The victim’s or intervenor’s parent or guardian may 65 file a claim on behalf of the victim or intervenor while the 66 victim or intervenor is less than 18 years of age; 67 2.(b)For a claim arising from a crime that occurred before 68 October 1, 2019, when a victim or intervenor who was under the 69 age of 18 at the time the crime occurred reaches the age of 18, 70 the victim or intervenor has 1 year to file a claim; or 71 3.(c)For a claim arising from a crime occurring on or 72 after October 1, 2019, when a victim or intervenor who was under 73 the age of 18 at the time the crime occurred reaches the age of 74 18, the victim or intervenor has 3 years to file a claim. 75 (b) Upon a showing that a delay in filing a claim occurred 76 because of a delay in the testing of, or delay in the DNA 77 profile matching from, a sexual assault forensic examination kit 78 or biological material collected as evidence related to a sexual 79 offense, a person who is eligible for compensation under 80 paragraph (a) may receive a waiver from the department of any 81 claim filing deadline. 82 (c) For good cause based on a reason other than a delay as 83 described in paragraph (b), the department may extend the time 84 period allowed for filing a claim under subparagraph (a)2. 85paragraph (b)for an additional period not to exceed 1 year or 86 under subparagraph (a)3.paragraph (c)for an additional period 87 not to exceed 2 years. 88 (4) NotwithstandingThe provisions ofsubsection (2) 89notwithstanding, a victim of a sexually violent offense as 90 defined in s. 394.912, may file a claim for compensation for 91 counseling or other mental health services within: 92 (a) One year after the filing of a petition under s. 93 394.914, to involuntarily civilly commit the individual who 94 perpetrated the sexually violent offense, if the claim arises 95 from a crime committed before October 1, 2019; or 96 (b) Three years after the filing of a petition under s. 97 394.914, to involuntarily civilly commit the individual who 98 perpetrated the sexually violent offense, if the claim arises 99 from a crime committed on or after October 1, 2019. 100 101 Upon a showing that a delay in filing a claim occurred because 102 of a delay in the testing of, or delay in the DNA profile 103 matching from, a sexual assault forensic examination kit or 104 biological material collected as evidence related to a sexual 105 offense, a person who is eligible for compensation under this 106 subsection may receive a waiver from the department of any claim 107 filing deadline. 108 Section 2. This act shall take effect July 1, 2023.