Fla. Admin. Code R. 2A-2.018

Current through Reg. 50, No. 212; October 29, 2024
Section 2A-2.018 - Emergency Responder Death Benefits
(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 Section 960.143(3), F.S., 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.

Fla. Admin. Code Ann. R. 2A-2.018

Rulemaking Authority 960.045(1) FS. Law Implemented 960.194 FS.

Adopted by Florida Register Volume 43, Number 186, September 26, 2017 effective 10/9/2017, Amended by Florida Register Volume 43, Number 201, October 17, 2017 effective 10/29/2017, Amended by Florida Register Volume 45, Number 089, May 7, 2019 effective 5/20/2019.

New 10-29-17, Amended 5-20-19.