Title XLVII, Criminal Procedure and Corrections

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…

(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 pe…

(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 substanti…

(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…

(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 psyc…

(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 $2,500 on any one claim and a lifetime maximum of $5,000 to a victim of domestic violence who needs immediate assistance to escape fr…

(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…

(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 C…

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.

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 provid…

(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 medica…

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 bu…

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” …

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 i…

(1) In a civil suit for damages filed by a crime victim against a convicted offender, the crime victim is entitled to liquidated damages in an amount equal to the actual damages award.(2) Upon conviction, a convicted offender is liable to the state and its local subdivisions for …

(1) PROPERTY SUBJECT TO CIVIL RESTITUTION LIEN.—The civil restitution lien is a lien upon any real or personal property of the convicted offender. If the full amount of the civil restitution lien is not satisfied from the real or personal property owned at the time of conviction,…

(1) PRESERVATION OF EXISTING RESTITUTION REMEDIES.—The civil restitution lien provided for in this civil restitution lien act is intended to enable crime victims, the state and its local subdivisions, and other aggrieved parties to seek a restitution remedy that is alternative an…

(1) This civil restitution lien act supersedes law to the contrary. Notwithstanding any provision of law to the contrary, the provisions of this civil restitution lien act are controlling over any conflicting law.(2) If any provision of this civil restitution lien act or the appl…

(1) The state and its local subdivisions, in a separate civil action or as counterclaim in any civil action, may seek recovery of the damages and losses set forth in s. 960.293.(2) For those convicted offenders convicted before July 1, 1994, the state and its local subdivisions, …

Any liens already in existence at the time the restitution lien is placed shall take precedence over the restitution lien.History.—s. 23, ch. 94-342.

Sections 961.01-961.07 may be cited as the “Victims of Wrongful Incarceration Compensation Act.”History.—s. 1, ch. 2008-39.

As used in ss. 961.01-961.07, the term:(1) “Act” means the Victims of Wrongful Incarceration Compensation Act.(2) “Department” means the Department of Legal Affairs.(3) “Division” means the Division of Administrative Hearings.(4) “Eligible for compensation” means that a person me…

(1)(a) In order to meet the definition of a “wrongfully incarcerated person” and “eligible for compensation,” upon entry of an order, based upon exonerating evidence, vacating a conviction and sentence, a person must set forth the claim of wrongful incarceration under oath and wi…

A wrongfully incarcerated person is not eligible for compensation under the act for any period of incarceration during which the person was concurrently serving a sentence for a conviction of another felony for which such person was lawfully incarcerated.History.—s. 4, ch. 2008-3…

(1) A wrongfully incarcerated person who is eligible for compensation as defined in this act must initiate his or her application for compensation as required in this section no more than 2 years after the original sentencing court enters its order finding that the person meets t…

(1) Except as otherwise provided in this act and subject to the limitations and procedures prescribed in this section, a person who is found to be entitled to compensation under this act is entitled to all of the following:(a) Monetary compensation for wrongful incarceration, whi…

(1) Beginning in the 2025-2026 fiscal year and continuing each fiscal year thereafter, a sum sufficient to pay the approved payments under s. 961.03(1)(b)1. is appropriated from the General Revenue Fund to the Chief Financial Officer, which sum is further appropriated for expendi…

(1) The purposes of this chapter are:(a) To provide judicial, nonjudicial, and other procedures to address the status offenses of children who are truant from school, run away from their caregivers, or exhibit ungovernable behavior by refusing to follow the household rules of the…

(1) GENERAL PROTECTIONS FOR CHILDREN.—It is a purpose of the Legislature that the children of this state be provided with the following protections:(a) Protection from abuse, neglect, and exploitation.(b) A permanent and stable home.(c) A safe and nurturing environment which will…

When used in this chapter, the term:(1) “Abandoned” or “abandonment” has the same meaning as in s. 39.01(1).(2) “Abuse” has the same meaning as in s. 39.01(2).(3) “Adjudicatory hearing” means a hearing for the court to determine whether or not the facts support the allegations st…

(1) The department shall be responsible for all nonjudicial proceedings involving voluntary family services for a family identified as a family in need of services according to rules established by the department under chapter 120.(2) The circuit court shall have exclusive origin…

(1) The judge, clerks or deputy clerks, or authorized agents of the department shall each have the power to administer oaths and affirmations.(2) The court shall make and keep records of all cases brought before it pursuant to this chapter and shall preserve the records until 10 …

(1) When a petition is filed alleging that a child is a child in need of services or if the child is subject to contempt proceedings under s. 984.09, the child must be represented by counsel at each court appearance. The court must appoint counsel unless the child is not indigent…

(1) The department shall develop and publish an information guide that explains the current process under this chapter for obtaining assistance for a child in need of services or a family in need of services and the community services and resources available to parents. The infor…

The Department of Juvenile Justice and the Department of Children and Families shall encourage interagency cooperation within each circuit and shall develop comprehensive agreements between the staff and providers for each department in order to coordinate the services provided t…

A child under the jurisdiction of the court solely pursuant to this chapter may not be placed in:(1) Any form of detention care intended for the use of alleged juvenile delinquents as authorized under chapter 985 for any purpose.(2) A secure detention facility authorized for use …

(1) CONTEMPT OF COURT; LEGISLATIVE INTENT.—The court may punish any child for contempt for interfering with the court or with court administration, or for violating any provision of this chapter or order of the court relative thereto. It is the intent of the Legislature that the …

(1) Intake shall be performed by the department or the department’s authorized agent. A report alleging that a child is from a family in need of services shall be made to the intake office operating in the county in which the child is found or in which the case arose. Any person …

(1) The department or its authorized agent shall provide an array of voluntary family services aimed at remediating school truancy, homelessness, and runaway and ungovernable behavior by children. Services to families in need of services shall be by voluntary agreement of the par…

(1) The appropriate representative of the department shall request a meeting of the family and child with a case staffing committee to review the case of any family or child who the department determines is in need of services if:(a) The family or child is not in agreement with t…

(1) A child may be taken into custody:(a) By a law enforcement officer when the officer reasonably believes that the child has run away from his or her parents, legal guardian, or custodian.(b) By a designated school representative pursuant to s. 1003.26(3) or a law enforcement o…

(1) Temporary voluntary shelter services provided by the department shall provide a safe environment with 24-hour care and supervision, referrals for services as needed, and education at the center or offsite and counseling services for children.(2) If a child is sheltered due to…

(1) All proceedings seeking an adjudication that a child is a child in need of services shall be initiated by the filing of a petition by an attorney representing the department or by the child’s parent, legal guardian, or custodian.(2)(a) The department shall file a petition for…

(1) If the school determines that a student subject to compulsory school attendance has had at least five unexcused absences, or absences for which the reasons are unknown, within a calendar month or 10 unexcused absences, or absences for which the reasons are unknown, within a 9…

(1) Personal appearance of any person in a hearing before the court shall obviate the necessity of serving process on that person.(2) Upon the filing of a petition containing allegations of facts which, if true, would constitute the child therein being named a child in need of se…

(1) At the time a child in need of services petition is filed, the court may appoint a guardian ad litem for the child.(2) No answer to the petition or any other pleading need be filed by any child, parent, legal guardian, or custodian, but any matters which might be set forth in…