Florida Senate - 2023 COMMITTEE AMENDMENT
Bill No. SB 1104
Ì674522ÊÎ674522
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/13/2023 .
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The Appropriations Committee on Criminal and Civil Justice
(Wright) recommended the following:
1 Senate Amendment
2
3 Delete lines 30 - 82
4 and insert:
5 2. Upon a showing that a delay in filing a claim under this
6 paragraph occurred because of a delay in the testing of, or
7 delay in the DNA profile matching from, a sexual assault
8 forensic examination kit or biological material collected as
9 evidence related to a sexual offense, a person who is eligible
10 for compensation under subsection (1) may receive a waiver from
11 the department of any claim filing deadline.
12 3. For good cause based on a reason other than a delay as
13 described in subparagraph 2., the department may extend the time
14 for filing a claim under subparagraph 1. for a period not
15 exceeding 2 years after such occurrence.
16 (b)1. A claim arising from a crime occurring on or after
17 October 1, 2019, must be filed within 3 years after the later
18 of:
19 a. The occurrence of the crime upon which the claim is
20 based;
21 b. The death of the victim or intervenor; or
22 c. The death of the victim or intervenor is determined to
23 be the result of the crime.
24 2. Upon a showing that a delay in filing a claim under this
25 paragraph occurred because of a delay in the testing of, or
26 delay in the DNA profile matching from, a sexual assault
27 forensic examination kit or biological material collected as
28 evidence related to a sexual offense, a person who is eligible
29 for compensation under subsection (1) may receive a waiver from
30 the department of any claim filing deadline.
31 3. For good cause based on a reason other than a delay as
32 described in subparagraph 2., the department may extend the time
33 for filing a claim under subparagraph 1. for a period not to
34 exceed 5 years after such occurrence.
35 (3)(a) Notwithstanding the provisions of subsection (2), if
36 the victim or intervenor was under the age of 18 at the time the
37 crime upon which the claim is based occurred, a claim may be
38 filed in accordance with this subsection.
39 1.(a) The victim’s or intervenor’s parent or guardian may
40 file a claim on behalf of the victim or intervenor while the
41 victim or intervenor is less than 18 years of age;
42 2.(b) For a claim arising from a crime that occurred before
43 October 1, 2019, when a victim or intervenor who was under the
44 age of 18 at the time the crime occurred reaches the age of 18,
45 the victim or intervenor has 1 year to file a claim; or
46 3.(c) For a claim arising from a crime occurring on or
47 after October 1, 2019, when a victim or intervenor who was under
48 the age of 18 at the time the crime occurred reaches the age of
49 18, the victim or intervenor has 3 years to file a claim.
50 (b) Upon a showing that a delay in filing a claim occurred
51 because of a delay in the testing of, or delay in the DNA
52 profile matching from, a sexual assault forensic examination kit
53 or biological material collected as evidence related to a sexual
54 offense, a person who is eligible for compensation under
55 paragraph (a) may receive a waiver from the department of any
56 claim filing deadline.
57 (c) For good cause, based on a reason other than a delay as