Florida Regulations 63F-14.001: Claims for Restitution
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(1) The following definitions shall be used for the purpose of addressing restitution claims:
(a) “”Claimant”” means any person who submits a restitution claim alleging property damages or direct medical expenses for injuries caused by youth in the care and custody of the department.
(b) “”Incident”” means the occurrence of property damage or injury resulting from the same or similar event or occurrence in time.
(c) “”Preponderance of the evidence”” means the party bearing the burden of proof must present evidence which shows that the fact to be proven is more probable than not.
(d) “”Restitution”” means recompense for injury or loss.
(e) “”Restitution claim”” means any reimbursement claim resulting from property damage or injury caused by a youth that has not been restored or recompensed through another entitlement.
(f) “”Youth”” means any person in the care and custody of the department.
(2) A claimant filing a restitution claim with the department under Florida Statutes § 402.181, has the burden to provide a preponderance of the evidence to establish:
(a) That the action(s) of a youth is the direct cause of claimant’s property damage or injury and
(b) The monetary amounts of the claimant’s damages.
(3) Only one claim can be submitted per claimant per incident.
(4) The maximum restitution amount per claimant per incident may not exceed $1,000.00.
(5) Restitution claims must be submitted to the department using the “”State Institution Claims Program Form”” (ADFA-001, Sept. 23, 2021) available at https://www.flrules.org/Gateway/reference.asp?No=Ref-13990, incorporated by reference.
(a) A complete State Institution Claims Program Form must be received by the department, in accordance with the instructions on the form, within 90 calendar days from the date of the incident that caused the property damage or medical injury. Any Form received after 90 calendar days of the incident must be denied.
(b) The State Institution Claims Program Form is considered complete when it is received by the department with all required fields filled out, including all required documentation attached.
(c) Once the department has received a complete State Institution Claims Program Form, it must resolve the claim within 60 calendar days. The 60 days may be tolled:
1. For 21 calendar days from the date the department issues a request for additional information to the claimant or legal representative. If the department has not received the additional information within the 21 calendar days, it will resolve the claim based solely upon the information it has been provided.
2. Whenever a claimant requests compensation for the same incident not pursuant to Florida Statutes § 402.181, for the period of time until such claim is resolved and until the department is notified thereof by claimant.
Rulemaking Authority Florida Statutes § 402.181(3). Law Implemented Florida Statutes § 402.181. History—New 2-10-22.
Terms Used In Florida Regulations 63F-14.001
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- 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) “”Incident”” means the occurrence of property damage or injury resulting from the same or similar event or occurrence in time.
(c) “”Preponderance of the evidence”” means the party bearing the burden of proof must present evidence which shows that the fact to be proven is more probable than not.
(d) “”Restitution”” means recompense for injury or loss.
(e) “”Restitution claim”” means any reimbursement claim resulting from property damage or injury caused by a youth that has not been restored or recompensed through another entitlement.
(f) “”Youth”” means any person in the care and custody of the department.
(2) A claimant filing a restitution claim with the department under Florida Statutes § 402.181, has the burden to provide a preponderance of the evidence to establish:
(a) That the action(s) of a youth is the direct cause of claimant’s property damage or injury and
(b) The monetary amounts of the claimant’s damages.
(3) Only one claim can be submitted per claimant per incident.
(4) The maximum restitution amount per claimant per incident may not exceed $1,000.00.
(5) Restitution claims must be submitted to the department using the “”State Institution Claims Program Form”” (ADFA-001, Sept. 23, 2021) available at https://www.flrules.org/Gateway/reference.asp?No=Ref-13990, incorporated by reference.
(a) A complete State Institution Claims Program Form must be received by the department, in accordance with the instructions on the form, within 90 calendar days from the date of the incident that caused the property damage or medical injury. Any Form received after 90 calendar days of the incident must be denied.
(b) The State Institution Claims Program Form is considered complete when it is received by the department with all required fields filled out, including all required documentation attached.
(c) Once the department has received a complete State Institution Claims Program Form, it must resolve the claim within 60 calendar days. The 60 days may be tolled:
1. For 21 calendar days from the date the department issues a request for additional information to the claimant or legal representative. If the department has not received the additional information within the 21 calendar days, it will resolve the claim based solely upon the information it has been provided.
2. Whenever a claimant requests compensation for the same incident not pursuant to Florida Statutes § 402.181, for the period of time until such claim is resolved and until the department is notified thereof by claimant.
Rulemaking Authority Florida Statutes § 402.181(3). Law Implemented Florida Statutes § 402.181. History—New 2-10-22.