Title: Compensation for Victims of Excessive use of Force by Law Enforcement Officers

Summary: Revising the definition of the term "crime" to include victims of a law enforcement officer's excessive use of force for purposes of the Florida Crimes Compensation Act; providing eligibility for compensation for a minor child of a nondeceased victim for specified purposes; providing that specified eligibility requirements apply to a victim of a law enforcement officer's excessive use of force; prohibiting a crime victim compensation award from being denied on certain grounds if the claimant is a victim of a law enforcement officer's excessive use of force, etc.

Full Text:
An act relating to compensation for victims of excessive use of force by law enforcement officers; amending s. 960.03, F.S.; revising the definition of the term  crime  to include victims of a law enforcement officer s excessive use of force for purposes of the Florida Crimes Compensation Act; amending s. 960.065, F.S.; providing eligibility for compensation for a minor child of a nondeceased victim for specified purposes; providing that specified eligibility requirements apply to a victim of a law enforcement officer s excessive use of force; amending s. 960.13, F.S.; prohibiting a crime victim compensation award from being denied on certain grounds if the claimant is a victim of a law enforcement officer s excessive use of force; specifying that other evidence may be used to support such a claim if no police report was filed concerning the incident; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Paragraph (g) is added to subsection (3) of section 960.03, Florida Statutes, to read: 960.03 Definitions; ss. 960.01-960.28. As used in ss. 960.01-960.28, unless the context otherwise requires, the term: (3) Crime  means: (g)   The use of force by a law enforcement officer, as defined in s. 943.10(1), that is beyond what is reasonable under the totality of the circumstances, and that causes the victim injury or death, regardless of whether the officer is arrested for, or charged with, the commission of a crime. Section 2. Paragraph (e) is added to subsection (1) of section 960.065, Florida Statutes, and subsection (5) of that section is amended, to read: 960.065 Eligibility for awards.  (1) Except as provided in subsection (2), the following persons shall be eligible for awards pursuant to this chapter: (e)   A minor child of a nondeceased victim of a crime as defined in s. 960.03(3)(g) for the purposes of mental health treatment and counseling. (5) A person is not ineligible for an award:(a)  Pursuant to paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that person is a victim of sexual exploitation of a child as defined in s. 39.01(77)(g). (b)   Pursuant to subsection (2) or subsection (3) if that person is a victim of a crime as defined in s. 960.03(3)(g). Section 3. Paragraph (c) is added to subsection (1) of section 960.13, Florida Statutes, to read: 960.13 Awards.  (1) (c)   Notwithstanding paragraph (a) or paragraph (b), if a claim is based on injury or death as a result of a crime as defined in s. 960.03(3)(g), the claim may not be denied based upon a delay in reporting the crime, lack of a report of the crime, or the victim s failure to cooperate. If there is no police report, the claim may be supported by other evidence to establish that a crime occurred. Section 4. This act shall take effect July 1, 2021.