Florida Regulations 65G-15.002: Restitution Claims
Current as of: 2024 | Check for updates
|
Other versions
(1) A claimant filing a restitution claim under Florida Statutes § 402.181, has the burden to prove by a preponderance of the evidence:
(a) That the action(s) of a resident(s) is the direct cause of claimant’s property damages and/or direct medical expenses for injuries; and
(b) The monetary amounts of the claimant’s damages and/or expenses.
(2) Only one restitution claim can be submitted per claimant per incident.
(3) The maximum restitution amount per restitution claim may not exceed $1,000.00.
(4) Restitution claims must be submitted to the Agency using the State Institution Claims Program Form (“”Claims Form””), APD Form 65G-15.002 A, effective 5-2-22, incorporated here by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-14194
(a) A complete Claims Form must be received by the Agency, in accordance with the instructions on the form, within 90 calendar days from the date of the incident that caused the property damage and/or medical injury.
(b) Any restitution claim received after 90 days of the incident must be denied.
(c) The Agency must adjudicate a restitution claim within 60 calendar days of receipt. The 60 days is tolled:
1. For 21 calendar days from the date the Agency issues a request for additional information to the claimant or claimant’s legal representative. If the Agency has not received the additional information within the 21 calendar days, the Agency will make a determination on the claim based solely upon the information available at that time.
2. Whenever a claimant makes a claim for restitution or compensation for the same incident which is not pursuant to Florida Statutes § 402.181, for the period of time until such claim is resolved; the time for appeal, if any, has expired; and the Agency receives notice thereof from the claimant or the legal representative.
Rulemaking Authority Florida Statutes § 402.181(3), 393.501(1) FS. Law Implemented Florida Statutes § 402.181. History-New 5-2-22.
Terms Used In Florida Regulations 65G-15.002
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(b) The monetary amounts of the claimant’s damages and/or expenses.
(2) Only one restitution claim can be submitted per claimant per incident.
(3) The maximum restitution amount per restitution claim may not exceed $1,000.00.
(4) Restitution claims must be submitted to the Agency using the State Institution Claims Program Form (“”Claims Form””), APD Form 65G-15.002 A, effective 5-2-22, incorporated here by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-14194
(a) A complete Claims Form must be received by the Agency, in accordance with the instructions on the form, within 90 calendar days from the date of the incident that caused the property damage and/or medical injury.
(b) Any restitution claim received after 90 days of the incident must be denied.
(c) The Agency must adjudicate a restitution claim within 60 calendar days of receipt. The 60 days is tolled:
1. For 21 calendar days from the date the Agency issues a request for additional information to the claimant or claimant’s legal representative. If the Agency has not received the additional information within the 21 calendar days, the Agency will make a determination on the claim based solely upon the information available at that time.
2. Whenever a claimant makes a claim for restitution or compensation for the same incident which is not pursuant to Florida Statutes § 402.181, for the period of time until such claim is resolved; the time for appeal, if any, has expired; and the Agency receives notice thereof from the claimant or the legal representative.
Rulemaking Authority Florida Statutes § 402.181(3), 393.501(1) FS. Law Implemented Florida Statutes § 402.181. History-New 5-2-22.