Florida Regulations 2A-2.018: Emergency Responder Death Benefits
Current as of: 2024 | Check for updates
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(1) Application. The application entitled BVC100ER Emergency Responder Death Benefit Claim Form must be submitted and is incorporated in subsection 2A-2.017(15), F.A.C. An application for emergency responder death benefits should be mailed to the Office of the Attorney General, Bureau of Victim Compensation, PL-01, The Capitol, Tallahassee, FL 32399-1050 or faxed to (850)414-6197 or (850)414-5779; emailed to VCIntake@myfloridalegal.com; or submitted via the department’s web-portal located at https://vannext.myfloridalegal.com.
(2) Acceptable documentation for proof that a compensable crime occurred shall include:
1. A law enforcement report that affirms a crime occurred, regardless of whether an offender can be identified,
2. An affidavit charging an individual with a crime filed by law enforcement,
3. An information charging an individual with a crime filed by a state attorney,
4. An indictment by a grand jury,
5. A written communication from any Federal Law Enforcement agency,
6. A completed form BVC430 Law Enforcement Information Reporting Form which is incorporated in subsection 2A-2.017(9), F.A.C.
(3) In making a determination of contribution pursuant to Florida Statutes § 960.143(3), the department will rely substantially on information in writing from a proper authority that the victim’s conduct contributed to his or her injury or death. Penalty assessments, if imposed, will be applied at the rate of 25 percent of the amount payable. A penalty assessment of more than 25 percent will result in the denial of benefits, unless the responder’s actions are excused by statute.
(4) It is the express intent of the Office of the Attorney General, Bureau of Victim Compensation to release benefits with as little delay as possible. Awards will be released upon the completion and approval of the first eligible application(s). Payment to the first applicant(s) who are approved for payment will foreclose any future payments or applications.
Rulemaking Authority Florida Statutes § 960.045(1). Law Implemented Florida Statutes § 960.194. History-New 10-29-17, Amended 5-20-19.
Terms Used In Florida Regulations 2A-2.018
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Statute: A law passed by a legislature.
1. A law enforcement report that affirms a crime occurred, regardless of whether an offender can be identified,
2. An affidavit charging an individual with a crime filed by law enforcement,
3. An information charging an individual with a crime filed by a state attorney,
4. An indictment by a grand jury,
5. A written communication from any Federal Law Enforcement agency,
6. A completed form BVC430 Law Enforcement Information Reporting Form which is incorporated in subsection 2A-2.017(9), F.A.C.
(3) In making a determination of contribution pursuant to Florida Statutes § 960.143(3), the department will rely substantially on information in writing from a proper authority that the victim’s conduct contributed to his or her injury or death. Penalty assessments, if imposed, will be applied at the rate of 25 percent of the amount payable. A penalty assessment of more than 25 percent will result in the denial of benefits, unless the responder’s actions are excused by statute.
(4) It is the express intent of the Office of the Attorney General, Bureau of Victim Compensation to release benefits with as little delay as possible. Awards will be released upon the completion and approval of the first eligible application(s). Payment to the first applicant(s) who are approved for payment will foreclose any future payments or applications.
Rulemaking Authority Florida Statutes § 960.045(1). Law Implemented Florida Statutes § 960.194. History-New 10-29-17, Amended 5-20-19.