Florida 2023 Regular Session

Florida House Bill H1577 Compare Versions

Version 1 (Old)

Version 2 (New)

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10	10		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14		-	1
	14	+	A bill to be entitled 1
15	15		An act relating to crime victim compensation claims; 2
16	16		amending s. 960.07, F.S.; providing for waiver of 3
17	17		deadlines for filing victim compensation claims if the 4
18	18		delay occurred because of a delay in the testing of or 5
19	19		DNA profile matching from material collected as 6
20	20		evidence related to a sexual offense; providing an 7
21	21		effective date. 8
22	22		9
23	23		Be It Enacted by the Legislature of the State of Florida: 10
24	24		11
25	25		Section 1. Subsections (2), (3), and (4) of section 12
26	26		960.07, Florida Statutes, are amended to read: 13
27	27		960.07 Filing of claims for compensation. — 14
28	28		(2) Except as provided in subsections (3) and (4), a claim 15
29	29		must be filed in accordance with this subsection. 16
30	30		(a)1. A claim arising from a crime occurring before 17
31	31		October 1, 2019, must be filed within 1 year after: 18
32	32		a. The occurrence of the crime upon which the claim is 19
33	33		based. 20
34	34		b. The death of the victim or intervenor. 21
35	35		c. The death of the victim or intervenor is determined to 22
36	36		be the result of a crime, and the crime occurred after June 30, 23
37	37		1994. 24
38	38		2. Upon a showing that a delay in filing a claim under 25
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47	47		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51		this paragraph occurred because of a delay in the testing of, or 26
52	52		a delay in the DNA profile matching from, a sexual assault 27
53	53		forensic examination kit or biological material collected as 28
54	54		evidence related to a sexual offense, a person who is eligible 29
55	55		for compensation under subsection (1) may receive a waiver of 30
56	56		any claim filing deadline. 31
57	57		3. 2. For good cause based on reason other than a delay 32
58	58		described in subparagraph 2., the department may extend the time 33
59	59		for filing a claim under subparagraph 1. for a period not 34
60	60		exceeding 2 years after such occurrence. 35
61	61		(b)1. A claim arising from a crime occurring on or after 36
62	62		October 1, 2019, must be filed within 3 years after the later 37
63	63		of: 38
64	64		a. The occurrence of the crime upon which the claim is 39
65	65		based; 40
66	66		b. The death of the victim or intervenor; or 41
67	67		c. The death of the victim or intervenor is determined to 42
68	68		be the result of the crime. 43
69	69		2. Upon a showing that a delay in filing a claim under 44
70	70		this paragraph occurred because of a delay in the testing of, or 45
71	71		a delay in the DNA profile matching from, a sexual assault 46
72	72		forensic examination kit or biological material collected as 47
73	73		evidence related to a sexu al offense, a person who is eligible 48
74	74		for compensation under subsection (1) may receive a waiver of 49
75	75		any claim filing deadline. 50
76		-	~~ENROLLED~~
77		-	CS/HB 1577 2023 ~~Legislature~~
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88	88		3. 2. For good cause based on a reason other than a delay 51
89	89		described in subparagraph 2., the department may extend the time 52
90	90		for filing a claim under subparagraph 1. for a period not to 53
91	91		exceed 5 years after such occurrence. 54
92	92		(3) Notwithstanding The provisions of subsection (2) 55
93	93		notwithstanding, if the victim or intervenor was under the age 56
94	94		of 18 at the time the crime upon which the c laim is based 57
95	95		occurred, a claim may be filed in accordance with this 58
96	96		subsection. 59
97	97		(a) The victim's or intervenor's parent or guardian may 60
98	98		file a claim on behalf of the victim or intervenor while the 61
99	99		victim or intervenor is less than 18 years of age; 62
100	100		(b) For a claim arising from a crime that occurred before 63
101	101		October 1, 2019, when a victim or intervenor who was under the 64
102	102		age of 18 at the time the crime occurred reaches the age of 18, 65
103	103		the victim or intervenor has 1 year to file a claim; or 66
104	104		(c) For a claim arising from a crime occurring on or after 67
105	105		October 1, 2019, when a victim or intervenor who was under the 68
106	106		age of 18 at the time the crime occurred reaches the age of 18, 69
107	107		the victim or intervenor has 3 years to file a claim. 70
108	108		71
109	109		Upon a showing that a delay in filing a claim occurred because 72
110	110		of delay in the testing of, or a delay in the DNA profile 73
111	111		matching from, a sexual assault forensic examination kit or 74
112	112		biological material collected as evidence related to a sexual 75
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125	125		offense, a person who is eligible for compen sation under this 76
126	126		subsection may receive a waiver of any claim filing deadline. 77
127	127		For good cause based on any other reason , the department may 78
128	128		extend the time period allowed for filing a claim under 79
129	129		paragraph (b) for an additional period not to exceed 1 year or 80
130	130		under paragraph (c) for an additional period not to exceed 2 81
131	131		years. 82
132	132		(4) The provisions of subsection (2) notwithstanding, a 83
133	133		victim of a sexually violent offense as defined in s. 394.912, 84
134	134		may file a claim for compensation for counseling or other menta l 85
135	135		health services within: 86
136	136		(a) One year after the filing of a petition under s. 87
137	137		394.914, to involuntarily civilly commit the individual who 88
138	138		perpetrated the sexually violent offense, if the claim arises 89
139	139		from a crime committed before October 1, 2019; or 90
140	140		(b) Three years after the filing of a petition under s. 91
141	141		394.914, to involuntarily civilly commit the individual who 92
142	142		perpetrated the sexually violent offense, if the claim arises 93
143	143		from a crime committed on or after October 1, 2019. 94
144	144		95
145	145		Upon a showing that a dela y in filing a claim occurred because 96
146	146		of delay in the testing of, or a delay in the DNA profile 97
147	147		matching from, a sexual assault forensic examination kit or 98
148	148		biological material collected as evidence related to a sexual 99
149	149		offense, a person who is eligible for c ompensation under this 100
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162	162		subsection may receive a waiver of any claim filing deadline. 101
163	163		Section 2. This act shall take effect July 1, 2023. 102