Bill Text: FL S0966 | 2017 | Regular Session | Introduced

---

Bill Title: Eligibility for Victim Compensation Awards

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2017-05-05 - Died in Criminal Justice [S0966 Detail]

Download: Florida-2017-S0966-Introduced.html

---

       Florida Senate - 2017                                     SB 966
       
       
        
       By Senator Campbell
       
       
       
       
       
       38-00900-17                                            2017966__
    1                        A bill to be entitled                      
    2         An act relating to eligibility for victim compensation
    3         awards; amending s. 960.065, F.S.; providing that
    4         certain persons adjudicated guilty of burglary are
    5         eligible for such awards under certain circumstances;
    6         making technical changes; reenacting s. 960.07(1),
    7         F.S., relating to the filing of claims for
    8         compensation, to incorporate the amendment made to s.
    9         960.065, F.S., in a reference thereto; providing an
   10         effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Subsections (2) and (3) of section 960.065,
   15  Florida Statutes, are amended, and subsection (1) of that
   16  section is republished, to read:
   17         960.065 Eligibility for awards.—
   18         (1) Except as provided in subsection (2) or (3), the
   19  following persons are shall be eligible for awards pursuant to
   20  this chapter:
   21         (a) A victim.
   22         (b) An intervenor.
   23         (c) A surviving spouse, parent or guardian, sibling, or
   24  child of a deceased victim or intervenor.
   25         (d) Any other person who is dependent for his or her
   26  principal support upon a deceased victim or intervenor.
   27         (2) A Any claim filed by or on behalf of a person described
   28  in paragraphs (a)-(e) is ineligible for an award pursuant to
   29  this chapter. who:
   30         (a) A person who committed or aided in the commission of
   31  the crime upon which the claim for compensation was based;
   32         (b) A person who was engaged in an unlawful activity at the
   33  time of the crime upon which the claim for compensation is
   34  based, unless the victim was engaged in prostitution as a result
   35  of being a victim of human trafficking as described in s.
   36  787.06(3)(b), (d), (f), or (g);
   37         (c) A person who was in custody or confined, regardless of
   38  conviction, in a county or municipal detention facility, a state
   39  or federal correctional facility, or a juvenile detention or
   40  commitment facility at the time of the crime upon which the
   41  claim for compensation is based;
   42         (d) A person who has been adjudicated as a habitual felony
   43  offender, habitual violent offender, or violent career criminal
   44  under s. 775.084; or
   45         (e) A person who has been adjudicated guilty of a forcible
   46  felony offense as described in s. 776.08; however, if the person
   47  has been adjudicated guilty of burglary, this subsection does
   48  not apply unless he or she is convicted of a violation of s.
   49  810.02(2)(a) or (b),
   50  
   51  is ineligible for an award.
   52         (3) Any claim filed by or on behalf of a person who, at the
   53  time of the crime on which the claim is based, was in custody or
   54  confined, regardless of adjudication, in a county or municipal
   55  facility, a state or federal correctional facility, or a
   56  juvenile detention, commitment, or assessment facility and at
   57  the time of the crime upon which the claim is based, who has
   58  been adjudicated as a habitual felony offender under s. 775.084,
   59  or who has been adjudicated guilty of a forcible felony offense
   60  as described in s. 776.08 is renders the person ineligible for
   61  an award. However, if the person adjudicated guilty of a
   62  forcible felony offense as described in s. 776.08 has been
   63  adjudicated guilty of burglary, this subsection does not apply
   64  unless he or she is convicted of a violation of s. 810.02(2)(a)
   65  or (b). Notwithstanding the foregoing, upon a finding by the
   66  Crime Victims’ Services Office of the existence of mitigating or
   67  special circumstances that would render such a disqualification
   68  unjust, an award may be approved. A decision that mitigating or
   69  special circumstances do not exist in a case subject to this
   70  section does not constitute final agency action subject to
   71  review pursuant to ss. 120.569 and 120.57.
   72         Section 2. For the purpose of incorporating the amendment
   73  made by this act to section 960.065, Florida Statutes, in a
   74  reference thereto, subsection (1) of section 960.07, Florida
   75  Statutes, is reenacted to read:
   76         960.07 Filing of claims for compensation.—
   77         (1) A claim for compensation may be filed by a person
   78  eligible for compensation as provided in s. 960.065 or, if such
   79  person is a minor, by his or her parent or guardian or, if the
   80  person entitled to make a claim is mentally incompetent, by the
   81  person’s guardian or such other individual authorized to
   82  administer his or her estate.
   83         Section 3. This act shall take effect July 1, 2017.