Current through Reg. 50, No. 187; September 24, 2024
(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 Section 402.181,
F.S., 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 Section 402.181, F.S., for the period of
time until such claim is resolved and until the department is notified thereof
by claimant.
Rulemaking Authority 402.181(3) FS. Law Implemented 402.181 FS.
New 2-10-22.
