Law garden / Florida
If you're Jane Doe in Florida
What Florida's crime victim compensation law says, in plain words. Each line links to the exact sentence it comes from.
Victim Compensation, run by Office of the Attorney General (Department of Legal Affairs), Division of Victim Services and Criminal Justice Programs, Bureau of Victim Compensation.
Show the law for this line: Office of the Attorney General, Bureau of Victim Compensation page
Office of the Attorney General, Bureau of Victim Compensation pageFL-S15
The program's own page, saved by Tend.
- $15,000the most you can ask for in totalSchedule of Benefits (Fla. Admin. Code R. 2A-2.2003(2)(c))
- 3 yearsto apply, from the date it happenedFla. Stat. 960.07(2)(b)1.
- Police reportthe program asks for one within 5 daysFla. Stat. 960.13(1)(b)2.
- $0what a forensic exam should cost youFla. Stat. 960.28(1)
What the program can pay for
The most the program can pay for all costs together is $15,000.
Show the law for this line: Schedule of Benefits (Fla. Admin. Code R. 2A-2.2003(2)(c))
Schedule of Benefits (Fla. Admin. Code R. 2A-2.2003(2)(c))FL-CAP-1
Total benefits on one claim cannot exceed $15,000 when the victim is living and not catastrophically injured.
Total benefits paid on a single claim cannot exceed $15,000 when the victim is not deceased, or catastrophically injured
Medical care
- Medical and dental treatment is capped at $10,000, paid to providers at a rate of 50%.
Show the law for this line: Fla. Admin. Code R. 2A-2.2002(2)(e)2.and 1 more
Fla. Admin. Code R. 2A-2.2002(2)(e)2.FL-COV-5
Medical, dental, and mental health costs the victim paid out of pocket are reimbursed at 100 percent, within the time limits and caps.
Out-of-pocket reimbursement to the victim/applicant for qualified funeral/burial, mental health (includes grief counseling), medical/dental expenses, and crime scene cleanup shall be compensated at 100 percent, when services or treatment was rendered within the timeframes established and up to the maximum benefit amount on the Schedule of Benefits.
Schedule of Benefits (Fla. Admin. Code R. 2A-2.2003(2))FL-CAP-2
Medical/Dental Treatment $10,000 at a rate of 50%
Counseling
- Mental health care for an injured adult victim is capped at $5,000, paid to providers at a rate of 50%.
- Mental health care for an injured minor (until age 18) is capped at $10,000, paid to providers at a rate of 50%.
- An adult or minor victim of a forcible felony (sexual battery is one) with no physical injury can get mental health care capped at $5,000, paid to providers at a rate of 50%, for care within one year of the crime.
Show the law for this line: Fla. Admin. Code R. 2A-2.2002(2)(g)5.and 3 more
Fla. Admin. Code R. 2A-2.2002(2)(g)5.FL-COV-1
Victims of a forcible felony with a psychological injury can get mental health care, but for adults without a physical injury that is the only benefit available.
Persons who suffered a psychological or psychiatric injury as a direct result of a forcible felony may receive mental health care, when the law enforcement report identifies the individual as a victim of the crime. This is the only benefit available to adult victims who did not suffer a physical injury or death.
Schedule of Benefits (Fla. Admin. Code R. 2A-2.2003(2))FL-CAP-3
Mental Health Injured Adult Victim $5,000 at a rate of 50%
Schedule of Benefits (Fla. Admin. Code R. 2A-2.2003(2))FL-CAP-4
Mental Health Injured Minor (until age 18) $10,000 at a rate of 50%
Schedule of Benefits (Fla. Admin. Code R. 2A-2.2003(2))FL-CAP-8
Mental Health Minor Victim Mental Injury (until age 18) Mental Health Adult or Minor Victim of Forcible Felony (non injury) $10,000 at a rate of 50% n/a $5,000 at a rate of 50% one year
Travel
Show the law for this line: Fla. Admin. Code R. 2A-2.2002(2)(h)4.and 1 more
Fla. Admin. Code R. 2A-2.2002(2)(h)4.FL-COV-3
Travel to medical or dental treatment can be reimbursed with an itemized bill from the provider and a reasonable mileage estimate.
Reimbursement for transportation costs to medical/dental treatment appointments requires the submission of an itemized bill by the treating provider and a reasonable estimate of the mileage between the victim/applicant's residence.
Fla. Admin. Code R. 2A-2.2002(2)(g)8.FL-COV-4
Travel to mental health treatment can be reimbursed with an itemized bill from the provider and a reasonable mileage estimate.
Reimbursement for transportation costs to mental health treatment appointments requires the submission of an itemized bill by the treating provider and a reasonable estimate of the mileage between the victim/applicant's residence.
Lost pay
- Wage loss is capped at $15,000, paid at a rate of 50% or the gross average weekly wage (GAWW).
Show the law for this line: Fla. Admin. Code R. 2A-2.2002(2)(c)1.a.and 1 more
Fla. Admin. Code R. 2A-2.2002(2)(c)1.a.FL-COV-2
Wage loss is paid when the victim could not work because of physical injuries from the crime.
Who missed time from work because they were unable to work as a result of the physical injuries sustained as a result of the crime;
Schedule of Benefits (Fla. Admin. Code R. 2A-2.2003(2))FL-CAP-5
Wage Loss $15,000 at a rate of 50% or GAWW
Moving
- Sexual battery relocation assistance is a one-time payment of up to $1,500 per claim, with a lifetime maximum of $3,000.
Show the law for this line: Fla. Stat. 960.199(2)(c)-(e)and 1 more
Fla. Stat. 960.199(2)(c)-(e)FL-COV-6
Sexual battery relocation needs certification from a certified rape crisis center in Florida, a safety plan, and an assault at the residence or one that causes reasonable fear for safety there.
(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.
Fla. Stat. 960.199(1)FL-CAP-6
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.
Replacing belongings
- Property loss awards are only for elderly persons or disabled adults: up to $500 per claim and $1,000 lifetime.
Show the law for this line: Fla. Stat. 960.195(1)
Fla. Stat. 960.195(1)FL-CAP-7
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
What it does not pay for
Under the property loss program, real property, cash, intangible items, and cosmetic damage are not compensable.
Show the law for this line: Fla. Admin. Code R. 2A-2.2002(3)(g)
Fla. Admin. Code R. 2A-2.2002(3)(g)FL-EXC-1
Examples of property that is not compensable includes real property, abandoned property, cash or other negotiable instruments, contraband or other illicit items, exchange agreements, items that amount to a monetary loss, are intangible, or are cosmetic damage causing a devaluation of the property.
The forensic exam
You should not get a bill for a sexual assault forensic exam.
Show the law for this line: Fla. Stat. 960.28(1)and 1 more
Fla. Stat. 960.28(1)FL-EXAM-1
A medical provider who performs the initial forensic exam may not bill the victim (or a minor victim's parent or guardian), directly or indirectly, for that exam.
(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.
Fla. Stat. 960.28(2)FL-EXAM-2
The state's payment is payment in full for the initial forensic exam, and the victim may not be required to pay any of its cost.
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.
The Attorney General's Crime Victims' Services Office pays for the initial forensic exam after sexual battery or a lewd or lascivious offense, whether or not the victim has insurance, takes part in the criminal case, or cooperates with police.
Show the law for this line: Fla. Stat. 960.28(2)
Fla. Stat. 960.28(2)FL-EXAM-3
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.
Police report
The program asks that the crime be reported to police.
Show the law for this line: Fla. Stat. 960.13(1)(b)2.and 1 more
Fla. Stat. 960.13(1)(b)2.FL-REPORT-1
For crimes on or after October 1, 2019, the crime must be reported to the proper authorities within five days unless the department finds good cause for the delay.
2. Five days after the occurrence of such crime, if the crime occurred on or after October 1, 2019, unless the department, for good cause shown, finds the delay to have been justified.
Fla. Admin. Code R. 2A-2.2001(9)FL-REPORT-2
The report must go to state or federal law enforcement or prosecutors.
"Proper authorities" means state and federal law enforcement officials and prosecuting attorneys.
For crimes on or after October 1, 2019, the crime must be reported to the proper authorities within five days unless the department finds good cause for the delay.
Show the law for this line: Fla. Stat. 960.13(1)(b)2.
Fla. Stat. 960.13(1)(b)2.FL-REPORT-1
2. Five days after the occurrence of such crime, if the crime occurred on or after October 1, 2019, unless the department, for good cause shown, finds the delay to have been justified.
The report must go to state or federal law enforcement or prosecutors.
Show the law for this line: Fla. Admin. Code R. 2A-2.2001(9)
Fla. Admin. Code R. 2A-2.2001(9)FL-REPORT-2
"Proper authorities" means state and federal law enforcement officials and prosecuting attorneys.
Deadline to apply
Apply within 3 years of the date it happened.
Show the law for this line: Fla. Stat. 960.07(2)(b)1.
Fla. Stat. 960.07(2)(b)1.FL-DEADLINE-1
For crimes on or after October 1, 2019, the claim must be filed within 3 years after the crime.
(b)1. A claim arising from a crime occurring on or after October 1, 2019, must be filed within 3 years after the later of: a. The occurrence of the crime upon which the claim is based; b. The death of the victim or intervenor; or c. The death of the victim or intervenor is determined to be the result of the crime.
For newer crimes (see FL-DEADLINE-1), a delay caused by sexual assault kit testing or DNA matching can waive the filing deadline, and other good cause can extend it to 5 years after the crime.
Show the law for this line: Fla. Stat. 960.07(2)(b)2.-3.
Fla. Stat. 960.07(2)(b)2.-3.FL-DEADLINE-3
2. Upon a showing that a delay in filing a claim under this paragraph occurred because of a delay in the testing of, or a delay in the DNA profile matching from, a sexual assault forensic examination kit or biological material collected as evidence related to a sexual offense, a person who is eligible for compensation under subsection (1) may receive a waiver of any claim filing deadline. 3. For good cause based on a reason other than a delay described in subparagraph 2., the department may extend the time for filing a claim under subparagraph 1. for a period not to exceed 5 years after such occurrence.
A victim who was under 18 at the time of a crime on or after October 1, 2019 has 3 years after turning 18 to file; good cause can extend this and kit testing or DNA matching delays can waive it.
Show the law for this line: Fla. Stat. 960.07(3)(c)
Fla. Stat. 960.07(3)(c)FL-DEADLINE-2
(c) For a claim arising from a crime occurring on or after October 1, 2019, when a victim or intervenor who was under the age of 18 at the time the crime occurred reaches the age of 18, the victim or intervenor has 3 years to file a claim.
Keeping your name and address private
Florida's Address Confidentiality Program gives a substitute mailing address to relocated victims of domestic violence (and, by statute, dating violence and stalking), with the Attorney General's office accepting mail and service of process for them. Survivors of sexual assault qualify only when it was domestic or dating violence; there is no general sexual assault eligibility.
Show the law for this line: Office of the Attorney General, Address Confidentiality Program page; Fla. Stat. 741.401-741.465
Office of the Attorney General, Address Confidentiality Program page; Fla. Stat. 741.401-741.465FL-ACP-1
the Address Confidentiality Program (ACP) provides a substitute mailing address for relocated victims of domestic violence, with this office serving as legal agent for receipt of mail and service of process. If you require information regarding the Address Confidentiality Program, please contact the switchboard at (850) 414-3300. Once you call, please request to be connected to the Address Confidentiality Program, and you will be transferred to the appropriate personnel who can assist you further.
Any part of a public record held by an agency that regularly receives information about crime victims, such as the Bureau of Victim Compensation, that reveals a victim's name, phone, address, or assets, or anything that could be used to locate or harass the victim, is exempt from Florida's public records law.
Show the law for this line: Fla. Stat. 119.071(2)(j)1.b.(I)
Fla. Stat. 119.071(2)(j)1.b.(I)FL-RECORDS-1
Any portion of a public record which reveals the identity, including the name or personal identification number, home or employment telephone number, home or employment address, or personal assets, of a victim, or any other information that could be used to locate, intimidate, harass, or abuse the victim, which identifies that person as the victim of a crime, and which is a public record that is generated or received by any agency that regularly generates or receives information from or concerning the victims of crime is exempt from s. 119.07 (1) and s. 24(a), Art. I of the State Constitution.
How to apply
Email VCIntake@MyFloridaLegal.com
Show the law for this line: Claim Form BVC100 (08/24), page 1 header and Section One, instruction 4
Claim Form BVC100 (08/24), page 1 header and Section One, instruction 4FL-SUBMIT-2
Email the completed claim form and documents to VCIntake@MyFloridaLegal.com.
Email: VCIntake@MyFloridaLegal.com
Mail PL-01, The Capitol, Tallahassee, FL 32399-1050
Show the law for this line: Claim Form BVC100 (08/24), page 1 header and Section One, instruction 4
Claim Form BVC100 (08/24), page 1 header and Section One, instruction 4FL-SUBMIT-1
Mail the completed claim form and documents to the Bureau of Victim Compensation, PL-01, The Capitol, Tallahassee, FL 32399-1050.
Address: PL-01, The Capitol, Tallahassee, FL 32399-1050
Fax (850) 414-6197
Show the law for this line: Claim Form BVC100 (08/24), page 1 header and Section One, instruction 4
Claim Form BVC100 (08/24), page 1 header and Section One, instruction 4FL-SUBMIT-3
Fax the completed claim form and documents to (850) 414-6197.
Fax: (850) 414-6197
In person the Tallahassee office of the department
Show the law for this line: Fla. Stat. 960.07(5)
Fla. Stat. 960.07(5)FL-SUBMIT-4
By statute a claim can also be filed in person at the Department of Legal Affairs office in Tallahassee.
Claims may be filed in the Tallahassee office of the department in person or by mail.
Phone 800-226-6667
Show the law for this line: Office of the Attorney General, Bureau of Victim Compensation page
Office of the Attorney General, Bureau of Victim Compensation pageFL-S15
The program's own page, saved by Tend.
If you need money soon
An emergency award of up to $1,000 is possible when an award is likely and waiting would cause undue hardship; it is deducted from the final award.
Show the law for this line: Fla. Stat. 960.12(1)-(2)
Fla. Stat. 960.12(1)-(2)FL-EMERG-1
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;
Good to know before you apply
A Florida resident hurt by a crime in another state is covered only if that state has no eligible crime victim compensation program.
Show the law for this line: Fla. Stat. 960.03(3)(d)
Fla. Stat. 960.03(3)(d)FL-RES-1
(d) A criminal act committed outside this state against a resident of this state which would have been compensable if it had occurred in this state and which occurred in a jurisdiction that does not have an eligible crime victim compensation program as the term is defined in the federal Victims of Crime Act of 1984.
For this program a resident is someone whose primary home is in Florida, and students and military personnel stationed in Florida are treated as residents.
Show the law for this line: Fla. Admin. Code R. 2A-2.2001(8)
Fla. Admin. Code R. 2A-2.2001(8)FL-RES-2
"Resident" means one who maintains his or her primary dwelling in Florida. Residency is governed by a person's intent, as evidenced by all surrounding facts and circumstances. Military personnel stationed in Florida and students shall be deemed residents for purposes of this program.
The program pays last, after insurance and every other source.
Show the law for this line: Fla. Stat. 960.13(3)
Fla. Stat. 960.13(3)FL-COLLATERAL-1
Payment made in accordance with this section shall be considered payment of last resort that follows all other sources.
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If you're Jane Doe in Florida: you can ask for up to $15,000, and you should never get a bill for a forensic exam.
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