Florida Senate - 2023                                    SB 1104
       
       
        
       By Senator Wright
       
       
       
       
       
       8-01231-23                                            20231104__
    1                        A bill to be entitled                      
    2         An act relating to victim compensation claims;
    3         amending s. 960.07, F.S.; authorizing the Department
    4         of Legal Affairs to issue waivers of any claim filing
    5         deadlines for specified victim claims for compensation
    6         upon a showing that a delay in filing the application
    7         occurred because of a delay in the testing of, or
    8         delay in the DNA profile matching from, a sexual
    9         assault forensic examination kit or biological
   10         material collected as evidence related to a sexual
   11         offense; conforming provisions to changes made by the
   12         act; making technical changes; providing an effective
   13         date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsections (2), (3), and (4) of section 960.07,
   18  Florida Statutes, are amended to read:
   19         960.07 Filing of claims for compensation.—
   20         (2) Except as provided in subsections (3) and (4), a claim
   21  must be filed in accordance with this subsection.
   22         (a)1. A claim arising from a crime occurring before October
   23  1, 2019, must be filed within 1 year after:
   24         a. The occurrence of the crime upon which the claim is
   25  based.
   26         b. The death of the victim or intervenor.
   27         c. The death of the victim or intervenor is determined to
   28  be the result of a crime, and the crime occurred after June 30,
   29  1994.
   30         2. Upon a showing that a delay in filing a claim occurred
   31  because of a delay in the testing of, or delay in the DNA
   32  profile matching from, a sexual assault forensic examination kit
   33  or biological material collected as evidence related to a sexual
   34  offense, a person who is eligible for compensation under
   35  subparagraph 1. may receive a waiver from the department of any
   36  claim filing deadline.
   37         3. For good cause based on a reason other than a delay as
   38  described in subparagraph 2., the department may extend the time
   39  for filing a claim under subparagraph 1. for a period not
   40  exceeding 2 years after such occurrence.
   41         (b)1. A claim arising from a crime occurring on or after
   42  October 1, 2019, must be filed within 3 years after the later
   43  of:
   44         a. The occurrence of the crime upon which the claim is
   45  based;
   46         b. The death of the victim or intervenor; or
   47         c. The death of the victim or intervenor is determined to
   48  be the result of the crime.
   49         2. Upon a showing that a delay in filing a claim occurred
   50  because of a delay in the testing of, or delay in the DNA
   51  profile matching from, a sexual assault forensic examination kit
   52  or biological material collected as evidence related to a sexual
   53  offense, a person who is eligible for compensation under
   54  subparagraph 1. may receive a waiver from the department of any
   55  claim filing deadline.
   56         3. For good cause based on a reason other than a delay as
   57  described in subparagraph 2., the department may extend the time
   58  for filing a claim under subparagraph 1. for a period not to
   59  exceed 5 years after such occurrence.
   60         (3)(a) Notwithstanding the provisions of subsection (2), if
   61  the victim or intervenor was under the age of 18 at the time the
   62  crime upon which the claim is based occurred, a claim may be
   63  filed in accordance with this subsection.
   64         1.(a) The victim’s or intervenor’s parent or guardian may
   65  file a claim on behalf of the victim or intervenor while the
   66  victim or intervenor is less than 18 years of age;
   67         2.(b) For a claim arising from a crime that occurred before
   68  October 1, 2019, when a victim or intervenor who was under the
   69  age of 18 at the time the crime occurred reaches the age of 18,
   70  the victim or intervenor has 1 year to file a claim; or
   71         3.(c) For a claim arising from a crime occurring on or
   72  after October 1, 2019, when a victim or intervenor who was under
   73  the age of 18 at the time the crime occurred reaches the age of
   74  18, the victim or intervenor has 3 years to file a claim.
   75         (b)Upon a showing that a delay in filing a claim occurred
   76  because of a delay in the testing of, or delay in the DNA
   77  profile matching from, a sexual assault forensic examination kit
   78  or biological material collected as evidence related to a sexual
   79  offense, a person who is eligible for compensation under
   80  paragraph (a) may receive a waiver from the department of any
   81  claim filing deadline.
   82         (c) For good cause, based on a reason other than a delay as
   83  described in paragraph (b), the department may extend the time
   84  period allowed for filing a claim under subparagraph (a)2.
   85  paragraph (b) for an additional period not to exceed 1 year or
   86  under subparagraph (a)3. paragraph (c) for an additional period
   87  not to exceed 2 years.
   88         (4) Notwithstanding The provisions of subsection (2)
   89  notwithstanding, a victim of a sexually violent offense as
   90  defined in s. 394.912, may file a claim for compensation for
   91  counseling or other mental health services within:
   92         (a) One year after the filing of a petition under s.
   93  394.914, to involuntarily civilly commit the individual who
   94  perpetrated the sexually violent offense, if the claim arises
   95  from a crime committed before October 1, 2019; or
   96         (b) Three years after the filing of a petition under s.
   97  394.914, to involuntarily civilly commit the individual who
   98  perpetrated the sexually violent offense, if the claim arises
   99  from a crime committed on or after October 1, 2019.
  100  
  101  Upon a showing that a delay in filing a claim occurred because
  102  of a delay in the testing of, or delay in the DNA profile
  103  matching from, a sexual assault forensic examination kit or
  104  biological material collected as evidence related to a sexual
  105  offense, a person who is eligible for compensation under this
  106  subsection may receive a waiver from the department of any claim
  107  filing deadline.
  108         Section 2. This act shall take effect July 1, 2023.