reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 958 - Youthful Offenders › 958.12 - Participation in Certain Activities Required.

958.12 Participation in certain activities required.—
(1) A youthful offender shall be required to participate in work assignments, and in career, academic, counseling, and other rehabilitative programs in accordance with this section, including, but not limited to:
(a) All youthful offenders may be required, as appropriate, to participate in:
1. Reception and orientation.
2. Evaluation, needs assessment, and classification.
3. Educational programs.
4. Career and job training.
5. Life and socialization skills training, including anger/aggression control.
6. Prerelease orientation and planning.
7. Appropriate transition services.
(b) In addition to the requirements in paragraph (a), the department shall make available:
1. Religious services and counseling.
2. Social services.
3. Substance abuse treatment and counseling.
4. Psychological and psychiatric services.
5. Library services.
6. Medical and dental health care.
7. Athletic, recreational, and leisure time activities.
8. Mail and visiting privileges.
Income derived by a youthful offender from participation in such activities may be used, in part, to defray a portion of the costs of his or her incarceration or supervision; to satisfy preexisting obligations; to pay fines, counseling fees, or other costs lawfully imposed; or to pay restitution to the victim of the crime for which the youthful offender has been convicted in an amount determined by the sentencing court. Any such income not used for such reasons or not used as provided in s. 946.513 or s. 958.09 shall be placed in a bank account for use by the youthful offender upon his or her release.
(2) A comprehensive transition and postrelease plan shall be developed for the youthful offender by a team consisting of a transition assistance officer, a classification officer, an educational representative, a health services administrator, a probation and parole officer, and the youthful offender.
(3) Community partnerships shall be developed by the department to provide postrelease community resources. The department shall develop partnerships with entities that include, but are not limited to, state agencies, community health agencies, private agencies, and school systems.
(4) If supervision of the youthful offender after release from incarceration is required, this may be accomplished in a residential or nonresidential program or intensive day treatment or through supervision by a correctional probation officer.
History.—s. 12, ch. 78-84; s. 23, ch. 85-288; s. 55, ch. 91-110; s. 105, ch. 94-209; s. 1706, ch. 97-102; s. 326, ch. 99-8; s. 66, ch. 2004-357; s. 9, ch. 2008-250.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 958 - Youthful Offenders › 958.13 - Sealing, Expunction, and Dissemination of Records.

958.13 Sealing, expunction, and dissemination of records.—
(1) The records relating to the arrest, indictment, information, trial, or disposition of alleged offenses of a person adjudicated a youthful offender under this act shall be subject to such sealing, expunction, and control of dissemination as are the criminal justice records of other adult offenders under applicable provisions of law.
(2) Nothing in this section shall be construed as prohibiting a youthful offender or his or her attorney from discovery of records or information as otherwise authorized by law or required by the state or the federal constitution.
History.—s. 13, ch. 78-84; s. 1, ch. 94-71; s. 1707, ch. 97-102.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 958 - Youthful Offenders › 958.14 - Violation of Probation or Community Control Program.

958.14 Violation of probation or community control program.—A violation or alleged violation of probation or the terms of a community control program shall subject the youthful offender to the provisions of s. 948.06. However, no youthful offender shall be committed to the custody of the department for a substantive violation for a period longer than the maximum sentence for the offense for which he or she was found guilty, with credit for time served while incarcerated, or for a technical or nonsubstantive violation for a period longer than 6 years or for a period longer than the maximum sentence for the offense for which he or she was found guilty, whichever is less, with credit for time served while incarcerated.
History.—s. 14, ch. 78-84; s. 193, ch. 83-216; s. 24, ch. 85-288; s. 19, ch. 90-208; s. 1708, ch. 97-102; s. 6, ch. 97-239; s. 38, ch. 2004-373; s. 8, ch. 2007-2; s. 138, ch. 2019-167.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 958 - Youthful Offenders › 958.15 - Mutual Participation Agreements.

958.15 Mutual participation agreements.—The provisions of this act shall not restrict the participation of youthful offenders in a mutual participation agreement adopted pursuant to s. 947.135.
History.—s. 15, ch. 78-84.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 960 - Victim Assistance › 960.0015 - Victim’s Right to a Speedy Trial; Speedy Trial Demand by the State Attorney.

960.0015 Victim’s right to a speedy trial; speedy trial demand by the state attorney.—
(1) The state attorney may file a demand for a speedy trial if the state has met its obligations under the rules of discovery, the charge is a felony or misdemeanor, the court has granted at least three continuances upon the request of the defendant over the objection of the state attorney, and:
(a) If a felony case, it is not resolved within 125 days after the date that formal charges are filed and the defendant is arrested or the date that notice to appear in lieu of arrest is served upon the defendant; or
(b) If a misdemeanor case, it is not resolved within 45 days after the date that formal charges are filed and the defendant is arrested or the date that notice to appear in lieu of arrest is served upon the defendant.
(2) Upon the filing of a demand for a speedy trial, the trial court shall schedule a calendar call within 5 days, at which time the court shall schedule the trial to commence no sooner than 5 days or later than 45 days following the date of the calendar call. The court may, however, grant whatever further extension may be required to prevent deprivation of the defendant’s right to due process.
(3)(a) The trial court may postpone the trial date for up to 30 additional days upon a showing by the defendant that a necessary witness who was properly served failed to attend the deposition and also failed to attend a subsequently scheduled deposition following a court order to appear. The court may, however, grant whatever further extension may be required to prevent deprivation of the defendant’s right to due process.
(b) The trial court may also postpone the trial date for no fewer than 30 days but no more than 70 days if the court grants a motion by counsel to withdraw and the court appoints other counsel. The court may, however, grant whatever further extension may be required to prevent deprivation of the defendant’s right to due process.
History.—s. 1, ch. 2005-44.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 960 - Victim Assistance › 960.0021 - Legislative Intent; Advisement to Victims.

960.0021 Legislative intent; advisement to victims.—
(1) The Legislature finds that in order to ensure that crime victims can effectively understand and exercise their rights under s. 16, Art. I of the State Constitution, and to promote law enforcement that considers the interests of crime victims, victims must be properly advised in the courts of this state.
(2) The courts may fulfill their obligation to advise crime victims by doing one of the following:
(a) Making the following announcement at any arraignment, sentencing, or case-management proceeding:
“If you are the victim of a crime with a case pending before this court, you are advised that you have the right, upon request:
1. To be informed.
2. To be present.
3. To be heard at all stages of criminal proceedings.
4. To receive advance notification, when possible, of judicial proceedings and notification of scheduling changes, pursuant to section 960.001, Florida Statutes.
5. To seek crimes compensation and restitution.
6. To consult with the state attorney’s office in certain felony cases regarding the disposition of the case.
7. To make an oral or written victim impact statement at the time of sentencing of a defendant.
For further information regarding additional rights afforded to victims of crime, you may contact the state attorney’s office or obtain a listing of your rights from the Clerk of Court.”
(b) Displaying prominently on the courtroom doors posters giving notification of the existence and general provisions of this chapter. The Department of Legal Affairs shall provide the courts with the posters specified by this paragraph.
(3) The circuit court administrator shall coordinate efforts to ensure that victim rights information, as established in s. 960.001(1)(o), is provided to the clerk of the court.
(4) This section is only for the benefit of crime victims. Accordingly, a failure to comply with this section shall not affect the validity of any hearing, conviction, or sentence.
History.—s. 1, ch. 2002-56; s. 2, ch. 2022-106; s. 133, ch. 2023-8.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 960 - Victim Assistance › 960.01 - Short Title.

960.01 Short title.—The provisions of ss. 960.01-960.28 may be cited as the “Florida Crimes Compensation Act.”
History.—s. 1, ch. 77-452; s. 18, ch. 92-287.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 960 - Victim Assistance › 960.02 - Declaration of Policy and Legislative Intent.

960.02 Declaration of policy and legislative intent.—The Legislature recognizes that many innocent persons suffer personal injury or death as a direct result of adult and juvenile criminal acts or in their efforts to prevent crime or apprehend persons committing or attempting to commit adult and juvenile crimes. Such persons or their dependents may thereby suffer disabilities, incur financial hardships, or become dependent upon public assistance. The Legislature finds and determines that there is a need for government financial assistance for such victims of adult and juvenile crime. Accordingly, it is the intent of the Legislature that aid, care, and support be provided by the state, as a matter of moral responsibility, for such victims of adult and juvenile crime. It is the express intent of the Legislature that all state departments and agencies cooperate with the Department of Legal Affairs in carrying out the provisions of this chapter.
History.—s. 1, ch. 77-452; s. 2, ch. 80-146; s. 1, ch. 91-23; s. 19, ch. 92-287.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 960 - Victim Assistance › 960.045 - Department of Legal Affairs; Powers and Duties.

960.045 Department of Legal Affairs; powers and duties.—It shall be the duty of the department to assist persons who are victims of crime.
(1) The department shall:
(a) Establish and maintain an office in Tallahassee and prescribe the duties of the employees of the Crime Victims’ Services Office.
(b) Adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter.
(c) Prepare an annual written report of the activities of the Crime Victims’ Services Office, which shall be available on the department’s Internet website.
(d) Authorize other units within the department to assist in carrying out the provisions of this chapter.
(2) The department shall provide the Crime Victims’ Services Office with legal representation relative to its duties and responsibilities under this chapter.
(3) The department shall have a criminal history record check performed through the Florida Crime Information Center system on any victim or other claimant on whose behalf an award is sought under ss. 960.01-960.28.
(4) The department shall establish criteria governing awards for catastrophic injury as a direct result of a crime.
History.—s. 1, ch. 77-452; s. 306, ch. 79-400; s. 6, ch. 80-146; s. 506, ch. 81-259; s. 4, ch. 85-326; s. 4, ch. 91-23; s. 5, ch. 92-107; s. 229, ch. 98-200; s. 10, ch. 99-373; s. 19, ch. 2000-155; s. 166, ch. 2010-102.
Note.—Former s. 960.06.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 960 - Victim Assistance › 960.05 - Crime Victims’ Services Office.

960.05 Crime Victims’ Services Office.—
(1) There is hereby created within the Department of Legal Affairs a Crime Victims’ Services Office, which shall be the organizational unit through which the department exercises its duties and responsibilities pursuant to this chapter.
(2) The Crime Victims’ Services Office is established for the following purposes:
(a) To emphasize the rights and needs of crime victims statewide.
(b) To ensure that the rights of victims are properly publicized and encouraged.
(c) To administer federally funded victim assistance services programs.
(d) To coordinate the flow of information between all agencies and organizations which provide services for victims of crime.
(e) To assist the development and administration of crime victim programs and services.
(f) To seek to identify the victims of crime and inform them of the provisions of this chapter.
(g) To serve as a clearinghouse for information relating to the problems encountered by the victims of crime.
(h) To enlist the assistance of public and voluntary health, education, welfare, and rehabilitation agencies or groups in a concerted effort to aid persons who are victims of crime.
(i) To assist public agencies and local governments to provide assistance for victims of crime.
(j) To act as an advocate for the victims of crime to obtain aid and services from public or private health, education, welfare, or rehabilitation agencies or groups to treat persons who have been victims of crime.
(k) To receive from the state attorney or from the law enforcement agencies involved such investigation and data, including confidential records, as will enable the department to determine if, in fact, a crime was committed or attempted, and the extent, if any, to which the victim or claimant was responsible for his or her own injury or death.
(l) To investigate all claims for awards filed with the department pursuant to this chapter, considering all other available programs providing valid and collectible benefits to the claimant, and to reinvestigate or reopen cases as the department deems appropriate and equitable.
(m) To require the submission of such records as are required and, when necessary, to direct medical examination of the victim or intervenor.
History.—s. 1, ch. 77-452; s. 5, ch. 80-146; s. 3, ch. 85-326; s. 3, ch. 91-23; s. 6, ch. 92-107; s. 1710, ch. 97-102; s. 3, ch. 99-373.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 960 - Victim Assistance › 960.09 - Determination of Claims.

960.09 Determination of claims.—
(1) The department shall have authority to allow, deny, controvert, and litigate claims made against it and to delegate to the Crime Victims’ Services Office such authority.
(2) The action of the department or the Crime Victims’ Services Office in allowing, denying, or controverting a claim shall be subject to the provisions of chapter 120.
(3) If the department or the Crime Victims’ Services Office denies or controverts the claim, the right to reimbursement under this chapter shall be barred unless an application for a hearing thereon is filed with the department or the Crime Victims’ Services Office at its office in Tallahassee within 60 days after notice to the claimant of such denial or controversion. When such application for a hearing is filed in a timely manner, the claim shall be referred to a hearing officer designated by the Attorney General for determination by a hearing held pursuant to ss. 120.569 and 120.57.
(4) Any claim pending before the Division of Administrative Hearings but not heard before July 1, 1992, shall be referred to the Department of Legal Affairs for hearing pursuant to subsection (3).
History.—s. 1, ch. 77-452; s. 307, ch. 79-400; s. 9, ch. 80-146; s. 5, ch. 85-326; s. 6, ch. 91-23; s. 25, ch. 91-46; s. 9, ch. 92-107; s. 325, ch. 96-410.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 960 - Victim Assistance › 960.12 - Emergency Awards.

960.12 Emergency awards.—Notwithstanding s. 960.07, if it appears to the department that such claim is one with respect to which an award probably will be made, and that either the claimant is a recipient of benefits under the federal Social Security Act or undue hardship will result to the claimant if immediate payment is not made, the department may make an emergency award to the claimant, pending a final decision in the case, on the following conditions:
(1) The amount of such emergency award may not exceed $1,000;
(2) The amount of such emergency award shall be deducted from any final award made to the claimant; and
(3) The amount of such emergency award which is in excess of the final award, or the full amount of the emergency award if no final award is made, shall be repaid by the claimant to the department.
(4) The claimant has not been adjudicated guilty of a forcible felony, as verified through a criminal history records check performed through the Florida Crime Information Center system pursuant to s. 960.045.
History.—s. 1, ch. 77-452; s. 1, ch. 78-44; s. 10, ch. 80-146; s. 7, ch. 91-23; s. 5, ch. 99-373.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 960 - Victim Assistance › 960.14 - Manner of Payment; Execution or Attachment.

960.14 Manner of payment; execution or attachment.—
(1) Any award made under this chapter shall be in accordance with the discretion and direction of the department as to the manner of payment. No award made pursuant to this chapter shall be subject to execution or attachment other than for expenses resulting from the injury or death which is the basis for the claim. In every case providing for compensation to a claimant under this chapter, the department may, if in its opinion the facts and circumstances of the case warrant it, convert the compensation to be paid into a partial or total lump sum without discount. Any eligible bills may be paid by the department directly to affected service providers.
(2) If a claimant owes money to the Crimes Compensation Trust Fund in connection with any other claim as provided for in ss. 938.03, 960.16, and 960.17, the amount owed shall be reduced from any award.
(3) The department may reconsider a claim at any time and modify or rescind previous orders for compensation, based upon a change in circumstances of a victim or intervenor.
(4) Payment made to a service provider will be considered payment in full for the services rendered to the victim by said provider. In the event a provider does not accept the payment as payment in full, then that payment may be made to the claimant.
History.—s. 1, ch. 77-452; s. 309, ch. 79-400; s. 12, ch. 80-146; s. 9, ch. 91-23; s. 12, ch. 94-342; s. 46, ch. 97-271; s. 7, ch. 99-373.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 960 - Victim Assistance › 960.15 - Records.

960.15 Records.—Any record or report obtained by the department or a hearing officer that is confidential or exempt from the provisions of s. 119.07(1) shall retain that status and shall not be subject to public disclosure.
History.—s. 1, ch. 77-452; s. 13, ch. 80-146; s. 10, ch. 91-23; s. 26, ch. 91-46; s. 1, ch. 94-93; s. 454, ch. 96-406.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 960 - Victim Assistance › 960.16 - Subrogation.

960.16 Subrogation.—Except for an award under s. 960.194, payment of an award pursuant to this chapter shall subrogate the state, to the extent of such payment, to any right of action accruing to the claimant or to the victim or intervenor to recover losses directly or indirectly resulting from the crime with respect to which the award is made. Causes of action which shall be subrogated under this section include, but are not limited to, any claim for compensation under any insurance provision, including an uninsured motorist provision, when such claim seeks to recover losses directly or indirectly resulting from the crime with respect to which the award is made.
History.—s. 1, ch. 77-452; s. 11, ch. 92-107; s. 14, ch. 2017-155.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 960 - Victim Assistance › 960.17 - Award Constitutes Debt Owed to State.

960.17 Award constitutes debt owed to state.—
(1) Any payment of benefits to, or on behalf of, a victim or other claimant under this chapter creates a debt due and owing to the state by any person found, in a civil, criminal, or juvenile court proceeding in which he or she is a party, to have committed such criminal act. Such payment shall create an obligation of restitution in accordance with s. 775.089.
(2) The court, when placing on probation as provided in chapter 948 any person who owes a debt to the state as a consequence of a criminal act, shall set as a condition of probation the payment of the debt to the state. The court may also set the schedule or amounts of payments, subject to modification based on change of circumstances, unless it finds reasons to the contrary. If the court does not order payment, or orders only partial payment, it shall state on the record the reasons therefor.
(3) The Florida Commission on Offender Review shall make the payment of the debt to the state a condition of parole under chapter 947, unless the commission finds reasons to the contrary. If the commission does not order payment, or orders only partial payment, it shall state on the record the reasons therefor.
(4) Payments authorized under this section shall be remitted to the clerk of the court in the county where the conviction occurred and are to be paid by the clerk of the court to the Department of Revenue for deposit in the Crimes Compensation Trust Fund. Any order of restitution or judgment to the state made by any court pursuant to this section may be enforced by the department in the same manner as a judgment in a civil action or by other enforcement measures administered by the department. The outstanding unpaid amount of the order shall bear interest in accordance with s. 55.03 and shall, when properly recorded, become a lien on real estate owned by the defendant.
History.—s. 1, ch. 77-452; s. 310, ch. 79-400; s. 9, ch. 84-363; s. 65, ch. 88-122; s. 12, ch. 92-107; s. 22, ch. 92-287; s. 13, ch. 94-342; s. 1713, ch. 97-102; s. 26, ch. 2001-122; s. 57, ch. 2014-191.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 960 - Victim Assistance › 960.18 - Penalty for Fraud.

960.18 Penalty for fraud.—Any person who procures compensation under this chapter by any fraud, or any person who counsels another person to procure compensation under this chapter by any fraud, is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Any moneys so procured shall be recoverable by the division, including punitive damages and costs of such action plus interest.
History.—s. 1, ch. 77-452; s. 14, ch. 80-146.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 960 - Victim Assistance › 960.194 - Emergency Responder Death Benefits.

960.194 Emergency responder death benefits.—
(1) For the purposes of this section, the term:
(a) “Call for service” means actively performing official duties, including the identification, prevention, or enforcement of the penal, traffic, or highway laws of this state, traveling to the scene of an emergency situation, and performing those functions for which the emergency responder has been trained and certified to perform.
(b) “Emergency responder” means a law enforcement officer, a firefighter, an emergency medical technician, or a paramedic.
(c) “Emergency medical technician” has the same meaning as provided in s. 401.23.
(d) “Firefighter” has the same meaning as provided in s. 633.102.
(e) “Law enforcement officer” has the same meaning as provided in s. 943.10.
(f) “Paramedic” has the same meaning as provided in s. 401.23.
(g) “Surviving family members of an emergency responder” means the surviving spouse, children, parents or guardian, or siblings of a deceased emergency responder.
(2) Notwithstanding ss. 960.065(1) and 960.13, the department may award for any one claim up to a maximum of $50,000, to the surviving family members of an emergency responder who, as a result of a crime, is killed answering a call for service in the line of duty.
(3) In determining the amount of an award, the department shall determine whether, because of his or her conduct, the emergency responder contributed to his or her death, and the department shall reduce the amount of the award or reject the claim altogether, in accordance with such determination. However, the department may disregard the contribution of the emergency responder to his or her own death when the record shows that such contribution was attributed to efforts by the emergency responder acting as an intervenor as defined in s. 960.03.
(4) If there are two or more persons entitled to an award pursuant to this section for the same incident, the award shall be apportioned among the claimants at the discretion and direction of the department.
(5) The department may adopt rules that establish award limits below the amount set forth in subsection (2) and establish criteria governing awards pursuant to this section.
(6) An award pursuant to this section shall be reduced or denied if the department has previously approved or paid out a claim under s. 960.13 to the same claimant regarding the same incident. An award for victim compensation under s. 960.13 shall be denied if the department has previously approved or paid out an emergency responder death benefits claim under this section.
History.—s. 15, ch. 2017-155.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 960 - Victim Assistance › 960.195 - Awards to Elderly Persons or Disabled Adults for Property Loss.

960.195 Awards to elderly persons or disabled adults for property loss.—
(1) Notwithstanding the criteria in s. 960.13, for crime victim compensation awards, the department may award a maximum of $500 on any one claim and a lifetime maximum of $1,000 on all claims to elderly persons or disabled adults who suffer a property loss that causes a substantial diminution in their quality of life when:
(a) There is proof that a criminal or delinquent act was committed;
(b) The criminal or delinquent act is reported to law enforcement authorities within:
1. Seventy-two hours, if such crime or act occurred before October 1, 2019; or
2. Five days, if such crime or act occurred on or after October 1, 2019,
unless the department, for good cause shown, finds the delay to have been justified;
(c) There is proof that the tangible personal property in question belonged to the claimant;
(d) The claimant did not contribute to the criminal or delinquent act;
(e) There is no other source of reimbursement or indemnification available to the claimant; and
(f) The claimant would not be able to replace the tangible personal property in question without incurring a serious financial hardship.
(2) The department may deny, reduce, or withdraw any award under subsection (1) upon finding that any claimant or award recipient has not duly cooperated with the state attorney, all law enforcement agencies, and the department.
History.—s. 4, ch. 96-315; s. 16, ch. 2015-92; s. 70, ch. 2019-167.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 960 - Victim Assistance › 960.196 - Relocation Assistance for Victims of Human Trafficking.

960.196 Relocation assistance for victims of human trafficking.—
(1) Notwithstanding the criteria specified in ss. 960.07(2) and 960.13 for crime victim compensation awards, the department may award a one-time payment of up to $1,500 for any one claim and a lifetime maximum of $3,000 to a victim of human trafficking who needs urgent assistance to escape from an unsafe environment directly related to the human trafficking offense.
(2) In order for an award to be granted to a victim for relocation assistance:
(a) There must be proof that a human trafficking offense, as described in s. 787.06(3)(b), (d), (f), or (g), was committed.
(b)1. For a crime occurring before October 1, 2019, the crime must be reported to the proper authorities and the claim must be filed within 1 year, or 2 years with good cause, after the date of the last human trafficking offense, as described in s. 787.06(3)(b), (d), (f), or (g).
2. For a crime occurring on or after October 1, 2019, the crime must be reported to the proper authorities and the claim must be filed within 3 years, or 5 years with good cause, after the date of the last human trafficking offense, as described in s. 787.06(3)(b), (d), (f), or (g).
3. In a case that exceeds the reporting and filing requirement due to an active and ongoing investigation, a state attorney, statewide prosecutor, or federal prosecutor may certify in writing a human trafficking victim’s need to relocate from an unsafe environment due to the threat of future violence which is directly related to the human trafficking offense.
(c) The victim’s need must be certified by a certified domestic violence or rape crisis center in this state, except as provided in paragraph (b). The center’s certification must assert that the victim is cooperating with the proper authorities and must include documentation that the victim has developed a safety plan.
(3) Relocation payments for a human trafficking claim shall be denied if the department has previously approved or paid out a domestic violence or sexual battery relocation claim under s. 960.198 or s. 960.199 to the same victim regarding the same incident.
History.—s. 17, ch. 2015-92; s. 71, ch. 2019-167.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 960 - Victim Assistance › 960.197 - Assistance to Victims of Online Sexual Exploitation and Child Pornography.

960.197 Assistance to victims of online sexual exploitation and child pornography.—
(1) Notwithstanding the criteria set forth in s. 960.13 for crime victim compensation awards, the department may award compensation for counseling and other mental health services to treat psychological injury or trauma to:
(a) A child younger than 18 years of age who suffers psychiatric or psychological injury as a direct result of online sexual exploitation under any provision of s. 827.071, s. 847.0135, s. 847.0137, or s. 847.0138, and who does not otherwise sustain a personal injury or death; or
(b) Any person who, while younger than age 18, was depicted in any image or movie, regardless of length, of child pornography as defined in s. 847.001, who has been identified by a law enforcement agency or the National Center for Missing and Exploited Children as an identified victim of child pornography, who suffers psychiatric or psychological injury as a direct result of the crime, and who does not otherwise sustain a personal injury or death.
(2) Compensation under this section is not contingent upon pursuit of a criminal investigation or prosecution.
History.—s. 8, ch. 2008-172.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 960 - Victim Assistance › 960.198 - Relocation Assistance for Victims of Domestic Violence.

960.198 Relocation assistance for victims of domestic violence.—
(1) Notwithstanding the criteria set forth in s. 960.13 for crime victim compensation awards, the department may award a one-time payment of up to $1,500 on any one claim and a lifetime maximum of $3,000 to a victim of domestic violence who needs immediate assistance to escape from a domestic violence environment.
(2) In order for an award to be granted to a victim for relocation assistance:
(a) There must be proof that a domestic violence offense was committed;
(b) The domestic violence offense must be reported to the proper authorities;
(c) The victim’s need for assistance must be certified by a certified domestic violence center in this state; and
(d) The center certification must assert that the victim is cooperating with law enforcement officials, if applicable, and must include documentation that the victim has developed a safety plan.
(3) Relocation payments for a domestic violence claim shall be denied if the department has previously approved or paid out a human trafficking or sexual battery relocation claim under s. 960.196 or s. 960.199 to the same victim regarding the same incident.
History.—s. 8, ch. 99-373; s. 4, ch. 2012-155; s. 18, ch. 2015-92.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 960 - Victim Assistance › 960.199 - Relocation Assistance for Victims of Sexual Battery.

960.199 Relocation assistance for victims of sexual battery.—
(1) The department may award a one-time payment of up to $1,500 on any one claim and a lifetime maximum of $3,000 to a victim of sexual battery, as defined in s. 794.011, who needs relocation assistance.
(2) In order for an award to be granted to a victim for relocation assistance:
(a) There must be proof that a sexual battery offense was committed.
(b) The sexual battery offense must be reported to the proper authorities.
(c) The victim’s need for assistance must be certified by a certified rape crisis center in this state.
(d) The center’s certification must assert that the victim is cooperating with law enforcement officials, if applicable, and must include documentation that the victim has developed a safety plan.
(e) The act of sexual battery must be committed in the victim’s place of residence or in a location that would lead the victim to reasonably fear for his or her continued safety in the place of residence.
(3) Relocation payments for a sexual battery claim under this section shall be denied if the department has previously approved or paid out a human trafficking or domestic violence relocation claim under s. 960.196 or s. 960.198 to the same victim regarding the same incident.
History.—s. 5, ch. 2012-155; s. 3, ch. 2014-160; s. 19, ch. 2015-92.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 960 - Victim Assistance › 960.21 - Crimes Compensation Trust Fund.

960.21 Crimes Compensation Trust Fund.—
(1) There is created a special fund, to be known as the “Crimes Compensation Trust Fund,” for the purpose of providing for the payment of all necessary and proper expenses incurred by the operation of the department and the payment of claims. The department shall administer the Crimes Compensation Trust Fund.
(2) The moneys placed in the Crimes Compensation Trust Fund shall consist of all moneys appropriated by the Legislature for the purpose of compensating the victims of crime and other claimants under this act, and of moneys recovered on behalf of the department by subrogation or other action, recovered through restitution, received from the Federal Government, received from additional court costs, received from fines, or received from any other public or private source.
(3) All administrative costs of this chapter and the service charge provided for in chapter 215 shall be paid out of moneys collected pursuant to this chapter and deposited in the Crimes Compensation Trust Fund.
History.—ss. 1, 7, ch. 77-452; s. 312, ch. 79-400; s. 16, ch. 80-146; s. 27, ch. 83-339; s. 11, ch. 91-23.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 960 - Victim Assistance › 960.22 - Application for Federal Funds.

960.22 Application for federal funds.—The department is authorized to apply for funds from, and to submit all necessary forms to, any federal agency participating in a cooperative program to compensate victims of crime.
History.—s. 1, ch. 77-452; s. 17, ch. 80-146; s. 13, ch. 91-23.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 960 - Victim Assistance › 960.23 - Notice of Provisions of This Chapter.

960.23 Notice of provisions of this chapter.—It shall be the duty of every hospital licensed under the laws of this state to display prominently in the lobby or waiting area of its emergency room posters giving notification of the existence and general provisions of this chapter. The Department of Legal Affairs shall provide posters, application forms, and general information regarding the provisions of this chapter to each hospital licensed to operate in this state and to each law enforcement agency.
History.—s. 1, ch. 77-452; s. 18, ch. 80-146; s. 14, ch. 91-23.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 960 - Victim Assistance › 960.28 - Payment for Victims’ Initial Forensic Physical Examinations.

960.28 Payment for victims’ initial forensic physical examinations.—
(1) A medical provider who performs an initial forensic physical examination may not bill a victim or the victim’s parent or guardian if the victim is a minor directly or indirectly for that examination.
(2) The Crime Victims’ Services Office of the department shall pay for medical expenses connected with an initial forensic physical examination of a victim of sexual battery as defined in chapter 794 or a lewd or lascivious offense as defined in chapter 800. Such payment shall be made regardless of whether the victim is covered by health or disability insurance and whether the victim participates in the criminal justice system or cooperates with law enforcement. The payment shall be made only out of moneys allocated to the Crime Victims’ Services Office for the purposes of this section, and the payment may not exceed $1,000 with respect to any violation. The department shall develop and maintain separate protocols for the initial forensic physical examination of adults and children. Payment under this section is limited to medical expenses connected with the initial forensic physical examination, and payment may be made to a medical provider using an examiner qualified under part I of chapter 464, excluding s. 464.003(15); chapter 458; or chapter 459. Payment made to the medical provider by the department shall be considered by the provider as payment in full for the initial forensic physical examination associated with the collection of evidence. The victim may not be required to pay, directly or indirectly, the cost of an initial forensic physical examination performed in accordance with this section.
(3) The department may allow, deny, controvert, or litigate claims made against it under this section.
(4) Information received or maintained by the department identifying an alleged victim who seeks payment of medical expenses under this section is confidential and exempt from the provisions of s. 119.07(1).
(5) A defendant or juvenile offender who pleads guilty or nolo contendere to, or is convicted of or adjudicated delinquent for, a violation of chapter 794 or chapter 800 shall be ordered by the court to make restitution to the Crimes Compensation Trust Fund in an amount equal to the compensation paid to the medical provider by the Crime Victims’ Services Office for the cost of the initial forensic physical examination. The order may be enforced by the department in the same manner as a judgment in a civil action.
History.—s. 1, ch. 82-192; s. 1, ch. 83-17; s. 194, ch. 83-216; s. 6, ch. 85-326; s. 15, ch. 91-23; s. 14, ch. 92-107; s. 24, ch. 92-287; s. 1, ch. 94-94; s. 15, ch. 94-342; ss. 1, 3, ch. 95-185; s. 455, ch. 96-406; s. 9, ch. 99-373; s. 148, ch. 2000-318; s. 7, ch. 2001-209; s. 4, ch. 2007-129; s. 10, ch. 2010-37; s. 4, ch. 2018-106; s. 72, ch. 2019-167; s. 55, ch. 2021-51.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 960 - Victim Assistance › 960.29 - Legislative Findings and Intent.

960.29 Legislative findings and intent.—The Legislature finds that former approaches to the problem of compensating crime victims through restitution have proven inadequate or have been inconsistently applied in many cases. The Legislature also finds that there is an urgent need to alleviate the increasing financial burdens on the state and its local subdivisions caused by the expenses of incarcerating convicted offenders.
(1) To remedy these problems, consistent with the preservation of all citizens’ constitutional rights, the Legislature intends:
(a) To provide a legal mechanism, in the form of a civil restitution lien, that will enable crime victims, the state, and other aggrieved parties to recover damages and losses arising out of criminal acts, imposed against the real and personal property owned by the convicted offender who committed an offense that caused the damages and losses.
(b) To prevent convicted offenders from increasing their assets after conviction, while their crime victims and the state and local subdivisions remain uncompensated for their damages and losses. To further this legislative purpose, the civil restitution lien shall attach not only to the offender’s current assets but also, should these assets fail to satisfy the lien, to any future assets or “windfall” proceeds which may accrue to the defendant, up to the full amount of the lien.
(c) To ensure that the amount of each civil restitution lien equals the amount of the actual damages awarded in the civil action arising from the crime.
(d) To impose a long-term civil liability for the costs of incarceration, by means of the civil restitution lien, against a convicted offender, regardless of the offender’s financial status at the time of conviction.
(2) The Legislature also finds that crime victims, the state, and its local subdivisions are entitled to rough remedial justice and they may demand compensation for damage and losses.
(3) The Legislature declares that:
(a) The intent of the statute is rationally related to the goal of fully compensating crime victims, the state, and its local subdivisions for damages and losses incurred as a result of criminal conduct.
(b) This civil restitution lien act rests upon the principle of remediation and not punishment, which is meted out by criminal sanctions afforded by law.
(4) The Legislature recognizes that, in many individual cases, the liquidated damage amount awarded by the court in a civil action arising from the crime does not fully compensate crime victims for their actual damages and losses. It is the legislative intent that the civil restitution liens authorized in this act assist crime victims to collect the amounts awarded and authorized as actual and liquidated damages and losses a crime victim incurs as a result of a convicted offender’s conduct, and the state and its local subdivisions incur as a result of implementation of a convicted offender’s sentence.
History.—s. 2, ch. 94-342; s. 29, ch. 95-184.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 960 - Victim Assistance › 960.291 - Definitions.

960.291 Definitions.—When used in this act, the term:
(1) “Civil restitution lien” means a lien which exists in favor of crime victims, the state, its local subdivisions, or aggrieved party and which attaches against the real or personal property owned by a convicted offender.
(2) “Convicted offender” means a defendant who has a conviction as defined herein entered against the defendant in the courts of this state.
(3) “Conviction” means a guilty verdict by a jury or judge, or a guilty or nolo contendere plea by a defendant, regardless of adjudication of guilt.
(4) “Crime victim” means the victim of a crime and includes the aggrieved party, the aggrieved party’s estate if the aggrieved party is deceased, and the aggrieved party’s next of kin if the aggrieved party is deceased as a result of the conduct of a convicted offender. For the purposes of this act, the term “crime victim” does not include any person who participated in the criminal conduct or criminal episode resulting in the conviction.
(5) “Damages or losses” includes:
(a) Damage or loss to any crime victim which is caused by the conduct of a convicted offender. This amount shall be determined by the court, as provided for in s. 960.293.
(b) Damage or loss to the state and its local subdivisions which is caused by imposition of a convicted offender’s sentence.
1. Such damage or loss to the state and its local subdivisions includes the costs of incarceration and other correctional costs in connection with the implementation of a state court’s sentence. This cost shall be determined by the court, as provided for in s. 960.293.
2. Such damage or loss to the state shall not include those costs on conviction for which the defendant may be held liable under chapter 939.
(6) “Local subdivisions” means local subdivisions of the State of Florida which maintain correctional facilities, such as counties that maintain county correctional facilities or counties that provide funds directly or indirectly for the maintenance of correctional facilities within the county.
(7) “Real or personal property” includes any real or personal property owned by the convicted offender, or that a person possesses on the convicted offender’s behalf, including, but not limited to, any royalties, commissions, proceeds of sale, or any other thing of value accruing to the convicted offender, or a person on the convicted offender’s behalf. The term “real or personal property” specifically includes any financial settlement or court award payable or accruing to a convicted offender or to a person on behalf of the convicted offender. No civil restitution lien created pursuant to the provisions of this act may be foreclosed on real property which is the convicted offender’s homestead under s. 4, Art. X of the State Constitution.
(8) “Sentence” means the court-imposed sentence of a convicted offender.
History.—s. 3, ch. 94-342; s. 30, ch. 95-184; s. 23, ch. 96-312.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 960 - Victim Assistance › 960.292 - Enforcement of the Civil Restitution Lien Through Civil Restitution Lien Order.

960.292 Enforcement of the civil restitution lien through civil restitution lien order.—The civil restitution lien shall be made enforceable by means of a civil restitution lien order.
(1) Upon conviction, the convicted offender shall incur civil liability for damages and losses to crime victims, the state, its local subdivisions, and aggrieved parties as set forth in s. 960.293. The conviction shall estop the convicted offender from denying the essential allegations of that offense in any subsequent proceedings.
(2) Upon motion by the state, upon petition of the local subdivision, crime victim, or aggrieved party, or on its own motion, the court in which the convicted offender is convicted shall enter civil restitution lien orders in favor of crime victims, the state, its local subdivisions, and other aggrieved parties. The court shall retain continuing jurisdiction over the convicted offender for the sole purpose of entering civil restitution lien orders for the duration of the sentence and up to 5 years from release from incarceration or supervision, whichever occurs later.
(3) The court shall enter separate civil restitution lien orders as appropriate in favor of the crime victims, the state, its local subdivisions, or aggrieved parties. The civil restitution lien order shall include the name of the convicted offender, the case number assigned to the applicable criminal case, and the names and social security numbers of the crime victim, state, its local subdivisions, or aggrieved parties, as appropriate.
History.—s. 4, ch. 94-342; s. 31, ch. 95-184; s. 15, ch. 2009-63.