The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 960
VICTIM ASSISTANCE

View Entire Chapter

F.S. 960.28

960.28 Payment for victims’ initial forensic physical examinations.—

(1) A medical provider who performs an initial forensic physical examination may not bill a victim or the victim’s parent or guardian if the victim is a minor directly or indirectly for that examination.

(2) The Crime Victims’ Services Office of the department shall pay for medical expenses connected with an initial forensic physical examination of a victim of sexual battery as defined in chapter 794 or a lewd or lascivious offense as defined in chapter 800. Such payment shall be made regardless of whether the victim is covered by health or disability insurance and whether the victim participates in the criminal justice system or cooperates with law enforcement. The payment shall be made only out of moneys allocated to the Crime Victims’ Services Office for the purposes of this section, and the payment may not exceed $1,000 with respect to any violation. The department shall develop and maintain separate protocols for the initial forensic physical examination of adults and children. Payment under this section is limited to medical expenses connected with the initial forensic physical examination, and payment may be made to a medical provider using an examiner qualified under part I of chapter 464, excluding s. 464.003(15); chapter 458; or chapter 459. Payment made to the medical provider by the department shall be considered by the provider as payment in full for the initial forensic physical examination associated with the collection of evidence. The victim may not be required to pay, directly or indirectly, the cost of an initial forensic physical examination performed in accordance with this section.

(3) The department may allow, deny, controvert, or litigate claims made against it under this section.

(4) Information received or maintained by the department identifying an alleged victim who seeks payment of medical expenses under this section is confidential and exempt from the provisions of s. 119.07(1).

(5) A defendant or juvenile offender who pleads guilty or nolo contendere to, or is convicted of or adjudicated delinquent for, a violation of chapter 794 or chapter 800 shall be ordered by the court to make restitution to the Crimes Compensation Trust Fund in an amount equal to the compensation paid to the medical provider by the Crime Victims’ Services Office for the cost of the initial forensic physical examination. The order may be enforced by the department in the same manner as a judgment in a civil action.

History.—s. 1, ch. 82-192; s. 1, ch. 83-17; s. 194, ch. 83-216; s. 6, ch. 85-326; s. 15, ch. 91-23; s. 14, ch. 92-107; s. 24, ch. 92-287; s. 1, ch. 94-94; s. 15, ch. 94-342; ss. 1, 3, ch. 95-185; s. 455, ch. 96-406; s. 9, ch. 99-373; s. 148, ch. 2000-318; s. 7, ch. 2001-209; s. 4, ch. 2007-129; s. 10, ch. 2010-37; s. 4, ch. 2018-106; s. 72, ch. 2019-167; s. 55, ch. 2021-51.

F.S. 960.28 on Google Scholar

F.S. 960.28 on Casetext

Amendments to 960.28

Arrestable Offenses / Crimes under Fla. Stat. 960.28

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 960.28.

Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE AMENDMENTS TO FLORIDA RULES OF JUVENILE PROCEDURE REGULAR- CYCLE REPORT., 258 So. 3d 1254 (Fla. 2018)

. . . indecent exposure), and is ordered to make restitution to the Crimes Compensation Trust Fund under section 960.28 . . .

In AMENDMENTS TO FLORIDA RULES OF JUVENILE PROCEDURE, 123 So. 3d 1128 (Fla. 2013)

. . . lascivious) and is ordered to make restitution to the Crimes Compensation Trust Fund under section 960.28 . . .

In AMENDMENTS TO FLORIDA RULES OF JUVENILE PROCEDURE, 115 So. 3d 286 (Fla. 2013)

. . . indecent exposure) and is ordered to make restitution to the Crimes Compensation Trust Fund under section 960.28 . . .

In AMENDMENTS TO THE FLORIDA RULES OF JUVENILE PROCEDURE, 951 So. 2d 804 (Fla. 2007)

. . . sexual battery) and is ordered to make restitution to the Crimes Compensation Trust Fund under section 960.28 . . .

In AMENDMENTS TO THE FLORIDA RULES OF JUVENILE PROCEDURE, 915 So. 2d 592 (Fla. 2005)

. . . sexual battery) and is ordered to make restitution to the Crimes Compensation Trust Fund under section 960.28 . . .

AMENDMENTS TO THE FLORIDA RULES OF JUVENILE PROCEDURE, 898 So. 2d 47 (Fla. 2005)

. . . -S — section 960.28(5), Florida Statutes, for the cost of the forensic physical examination. .The child.has . . .

AMENDMENTS TO THE RULES OF JUVENILE PROCEDURE, 783 So. 2d 138 (Fla. 2000)

. . . of-the-circuit court, for reimbursement of-expenses for initial examination of the-vietim under section- 960.28 . . . sexual battery) and is ordered to make restitution to the Crimes Compensation Trust Fund under F.S. 960.28 . . .

UNITED STATES v. N. ROBERTSON, 638 F. Supp. 1202 (E.D. Va. 1986)

. . . Ann. 960.01 to 960.28 (West 1985 and Supp. 1986) (state funds plus "additional cost” of $20.00 for felony . . .