Florida Regulations 33-203.801: Restitution Claims
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(1) The following definitions shall be used herein for the purposes of addressing restitution claims:
(a) “”Agency”” means the Department of Corrections.
(b) “”Claimant”” means any person who submits a restitution claim alleging property damages and/or direct medical expenses for his or her injuries under Florida Statutes § 402.181
(c) “”Incident”” means the occurrence of property damage and/or direct medical expenses for injury resulting from the same or similar event or occurrence in time.
(d) Inmate”” means any person(s) in the care and custody of the Department of Corrections.
(e) “”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.
(f) “”Restitution”” means recompense for injury or loss.
(g) “”Restitution claim”” means any reimbursement claim resulting from property damages and/or direct medical expenses for injury caused by an inmate that has not been restored or recompensed through another entitlement.
(2) A claimant filing a restitution claim under Florida Statutes § 402.181, with the Agency, has the burden to provide a preponderance of the evidence to prove:
(a) That the action(s) of an inmate is the direct cause of claimant’s property damages; and
(b) The monetary amounts of the claimant’s damages.
(3) Only one restitution 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 Agency using the State Institution Claim Program Form (“”Claims Form””) DC2-379, effective 01/22, incorporated here by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13991.
(a) A complete State Institution Claims Program 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. Any Claims 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 Agency with all required fields filled out, including all required documentation attached.
(c) Once the Agency has received a complete Claims Form, it must make a determination on the restitution claim within 60 calendar days. The 60 days may be tolled:
1. For 21 calendar days from the date the Agency issues a request for additional information to the claimant or 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 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 Agency is notified thereof by claimant.
Rulemaking Authority Florida Statutes § 402.181(3). Law Implemented Florida Statutes § 402.181. History-New 2-2-22.
Terms Used In Florida Regulations 33-203.801
- 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) “”Claimant”” means any person who submits a restitution claim alleging property damages and/or direct medical expenses for his or her injuries under Florida Statutes § 402.181
(c) “”Incident”” means the occurrence of property damage and/or direct medical expenses for injury resulting from the same or similar event or occurrence in time.
(d) Inmate”” means any person(s) in the care and custody of the Department of Corrections.
(e) “”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.
(f) “”Restitution”” means recompense for injury or loss.
(g) “”Restitution claim”” means any reimbursement claim resulting from property damages and/or direct medical expenses for injury caused by an inmate that has not been restored or recompensed through another entitlement.
(2) A claimant filing a restitution claim under Florida Statutes § 402.181, with the Agency, has the burden to provide a preponderance of the evidence to prove:
(a) That the action(s) of an inmate is the direct cause of claimant’s property damages; and
(b) The monetary amounts of the claimant’s damages.
(3) Only one restitution 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 Agency using the State Institution Claim Program Form (“”Claims Form””) DC2-379, effective 01/22, incorporated here by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13991.
(a) A complete State Institution Claims Program 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. Any Claims 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 Agency with all required fields filled out, including all required documentation attached.
(c) Once the Agency has received a complete Claims Form, it must make a determination on the restitution claim within 60 calendar days. The 60 days may be tolled:
1. For 21 calendar days from the date the Agency issues a request for additional information to the claimant or 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 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 Agency is notified thereof by claimant.
Rulemaking Authority Florida Statutes § 402.181(3). Law Implemented Florida Statutes § 402.181. History-New 2-2-22.