Florida Statute 402.181 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 402
HEALTH AND HUMAN SERVICES: MISCELLANEOUS PROVISIONS

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F.S. 402.181

402.181 State Institutions Claims Program.—

(1) There is created a State Institutions Claims Program, for the purpose of making restitution for property damages and direct medical expenses for injuries caused by shelter children or foster children, or escapees, inmates, or patients of state institutions or developmental disabilities centers under the Department of Children and Families, the Department of Health, the Department of Juvenile Justice, the Department of Corrections, or the Agency for Persons with Disabilities.

(2) Claims for restitution may be filed with the Department of Children and Families, the Department of Health, the Department of Juvenile Justice, the Department of Corrections, or the Agency for Persons with Disabilities. The claim must be filed with the department or agency responsible for monitoring the person who caused the medical injury or the property damage. The departments and agencies have the full power and authority to approve or deny claims and may, within the limits of current appropriations, pay individual claims up to $1,000 or, with respect to children in foster care and their families, individual claims up to $1,500. Claims in excess of these amounts shall continue to require legislative approval.

(3) The Department of Children and Families, the Department of Health, the Department of Juvenile Justice, the Department of Corrections, and the Agency for Persons with Disabilities shall adopt rules to process claims and to ensure that eligible claimants receive restitution within a reasonable timeframe.

History.—s. 1, ch. 72-120; s. 1, ch. 77-117; s. 9, ch. 77-120; s. 10, ch. 77-320; s. 16, ch. 79-3; s. 51, ch. 86-220; s. 68, ch. 94-209; s. 4, ch. 96-402; s. 68, ch. 96-418; s. 139, ch. 99-8; s. 26, ch. 2000-367; s. 47, ch. 2006-227; s. 13, ch. 2008-244; s. 137, ch. 2014-19; s. 17, ch. 2021-131.

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Amendments to 402.181

Arrestable Offenses / Crimes under Fla. Stat. 402.181

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 402.181.

Annotations, Discussions, Cases:

Cases Citing Statute 402.181

Total Results: 2

Ago

Court: Fla. Att'y Gen. | Date Filed: 1978-03-01T23:53:00-08:00

Snippet: applicability of s. 402.181, F. S., to the Department of Offender Rehabilitation? SUMMARY: Section 402.181, F. S.,…in s. 9 the following amendment to s. 402.181(1), F. S.: 402.181 State Institutions Claims Fund. &…provisions of s. 402.181 since its creation by Ch. 75-49. It is therefore may opinion that s. 402.181, F. S., …processed and paid. In AGO 077-12, I concluded that s. 402.181, F. S., was not applicable to the Department of…Offender Rehabilitation, made no reference to s. 402.181, F. S. I further noted in AGO 077-12 that:

Ago

Court: Fla. Att'y Gen. | Date Filed: 1977-02-07T23:53:00-08:00

Snippet: Rehabilitation, makes no reference to s. 402.181. Neither has s. 402.181 been amended to include institutions… QUESTIONS: 1. Was s. 402.181, F. S., made applicable to the Department of Offender Rehabilitation…Rehabilitation now be processed? SUMMARY: Section 402.181, F. S., created a Claims Fund for restitution for…Offender Rehabilitation within its purview. Section 402.181 and Ch. 75-49 give no authority to the Department…Rehabilitation, that chapter makes no reference to s.402.181, F. S. Furthermore, while s. 6 of Ch. 75-49 provides