Current through Reg. 50, No. 187; September 24, 2024
(1) A claimant
filing a restitution claim under Section
402.181, F.S., 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 Section 402.181, F.S., 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
402.181(3),
393.501(1) FS.
Law Implemented 402.181
FS.
New 5-2-22.
