Florida Statute 960.03 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 960
VICTIM ASSISTANCE

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F.S. 960.03

960.03 Definitions; ss. 960.01-960.28.—As used in ss. 960.01-960.28, unless the context otherwise requires, the term:

(1) “Catastrophic injury” means a permanent impairment constituted by:

(a) Spinal cord injury involving severe paralysis of an arm, a leg, or the trunk;

(b) Amputation of an arm, a hand, a foot, or a leg;

1. Severe sensory or motor disturbances;

2. Severe communication disturbances;

3. Severe complex integrated disturbances of cerebral function;

4. Severe episodic neurological disorders; or

5. Other severe brain and closed-head injury conditions at least as severe in nature as any condition described in subparagraphs 1.-4.;

(d) Second-degree or third-degree burns on 25 percent or more of the total body surface or third-degree burns on 5 percent or more of the face and hands;

(e) Total or industrial blindness; or

(f) Any other injury that would otherwise qualify under this chapter and that is of a nature and severity that would qualify an employee to receive disability income benefits under Title II or supplemental security income benefits under Title XVI of the federal Social Security Act as the Social Security Act existed on July 1, 1992, without regard to any time limitations provided under that act.

(2) “Claimant” means the person on whose behalf an award is sought.

(3) “Crime” means:

(a) A felony or misdemeanor offense committed by an adult or a juvenile which results in physical injury or death, a forcible felony committed by an adult or juvenile which directly results in psychiatric or psychological injury, or a felony or misdemeanor offense of child abuse committed by an adult or a juvenile which results in a mental injury, as defined in s. 827.03, to a person younger than 18 years of age who was not physically injured by the criminal act. The mental injury to the minor must be verified by a psychologist licensed under chapter 490, by a physician licensed in this state under chapter 458 or chapter 459 who has completed an accredited residency in psychiatry, or by a physician who has obtained certification as an expert witness pursuant to s. 458.3175. The term also includes a criminal act that is committed within this state but that falls exclusively within federal jurisdiction.

(b) A violation of s. 316.027(2), s. 316.193, s. 316.1935, s. 327.35(1), s. 782.071(1)(b), or s. 860.13(1)(a) which results in physical injury or death.

(c) An act involving the operation of a motor vehicle, boat, or aircraft which results in another person’s injury or death that is intentionally inflicted through the use of the vehicle, boat, or aircraft; however, no other act involving the operation of a motor vehicle, boat, or aircraft constitutes a crime for purposes of this chapter.

(d) A criminal act committed outside this state against a resident of this state which would have been compensable if it had occurred in this state and which occurred in a jurisdiction that does not have an eligible crime victim compensation program as the term is defined in the federal Victims of Crime Act of 1984.

(e) A violation of s. 827.071, s. 847.0135, s. 847.0137, or s. 847.0138, related to online sexual exploitation and child pornography.

(f) A felony or misdemeanor that results in the death of an emergency responder, as defined in and solely for the purposes of s. 960.194, while answering a call for service in the line of duty, notwithstanding paragraph (c).

(4) “Crime Victims’ Services Office” means the former Bureau of Crimes Compensation and Victim and Witness Services, now the Crime Victims’ Services Office of the Department of Legal Affairs.

(5) “Department” means the Department of Legal Affairs.

(6) “Disabled adult” means a person 18 years of age or older who suffers from a condition of physical or mental incapacitation due to a developmental disability, organic brain damage, or mental illness or who has one or more physical or mental limitations that restrict the person’s ability to perform the normal activities of daily living.

(7) “Elderly person” means a person 60 years of age or older who is suffering from the infirmities of aging as manifested by advanced age or organic brain damage, or other physical, mental, or emotional dysfunction, to the extent that the ability of the person to provide adequately for his or her own care or protection is impaired.

(8) “Hearing officer” means a hearing officer designated by the Attorney General.

(9) “Intervenor” means any person who goes to the aid of another and suffers bodily injury or death as a direct result of acting, not recklessly, to prevent the commission of a crime, to lawfully apprehend a person reasonably suspected of having committed a crime, or to aid the victim of a crime.

(10) “Identified victim of child pornography” means any person who, while under the age of 18, is depicted in any image or movie of child pornography and who is identified through a report generated by a law enforcement agency and provided to the National Center for Missing and Exploited Children’s Child Victim Identification Program.

(11) “Out-of-pocket loss” means unreimbursed and unreimbursable expenses or indebtedness incurred for medical care, nonmedical remedial care, psychological counseling, or other treatment rendered in accordance with a religious method of healing or for other services necessary as a result of the injury or death upon which such claim is based.

(12) “Property loss” means the loss of tangible personal property directly caused by a criminal or delinquent act of another.

(13) “Treatment” means:

(a) Medical, dental, psychological, mental health, chiropractic, or physical rehabilitation services;

(b) Nonmedical remedial care; or

(14) “Victim” means:

(a) A person who suffers personal physical injury or death as a direct result of a crime;

(b) A person younger than 18 years of age who was present at the scene of a crime, saw or heard the crime, and suffered a psychiatric or psychological injury because of the crime but who was not physically injured;

(c) A person younger than 18 years of age who was the victim of a felony or misdemeanor offense of child abuse that resulted in a mental injury as defined by s. 827.03 but who was not physically injured;

(d) A person against whom a forcible felony was committed and who suffers a psychiatric or psychological injury as a direct result of that crime but who does not otherwise sustain a personal physical injury or death; or

(e) An emergency responder, as defined in and solely for the purposes of s. 960.194, who is killed answering a call for service in the line of duty.

History.—s. 1, ch. 77-452; s. 3, ch. 80-146; s. 507, ch. 81-259; s. 1, ch. 85-326; s. 25, ch. 86-296; s. 9, ch. 90-211; s. 2, ch. 91-23; s. 35, ch. 91-46; s. 4, ch. 92-107; s. 20, ch. 92-287; s. 2, ch. 96-315; s. 1, ch. 97-41; s. 11, ch. 98-417; s. 2, ch. 99-373; s. 4, ch. 2001-147; s. 8, ch. 2005-119; s. 3, ch. 2007-129; s. 7, ch. 2008-172; s. 15, ch. 2012-155; s. 101, ch. 2015-2; s. 14, ch. 2015-92; s. 13, ch. 2017-155.

F.S. 960.03 on Google Scholar

F.S. 960.03 on Casetext

Amendments to 960.03

Arrestable Offenses / Crimes under Fla. Stat. 960.03

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 960.03.

Annotations, Discussions, Cases:

Cases Citing Statute 960.03

Total Results: 20

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-06.

Court: Fla. | Date Filed: 2018-12-20T00:00:00-08:00

Citation: 260 So. 3d 941

Snippet: is alleged in the charging document). *960 3. (Defendant) knew the money or property

Latham v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-02-10T00:00:00-08:00

Citation: 185 So. 3d 686, 2016 Fla. App. LEXIS 1754, 2016 WL 540650

Snippet: restitution was authorized under sections 960.03(14)(a) and 960.03(3)(b), which define “victim” and “crime…applicable statutes are sections 960.065(í)(a) and 960.03(14), Florida Statutes (2012). Latham contended …eligible for awards- under chapter 960. Section 960.03(14) defines “[v]ictim” as “[a] person who suffers…of a crime.”- 3 *691 Section 960.03(3)(b) in turn defines “[c]rime” as [a] violation…Offense does not constitute a crime under section 960.03 because the “death was [not] intentionally inflicted

P.R., a child v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2016-01-06T00:00:00-08:00

Citation: 183 So. 3d 1163, 2016 Fla. App. LEXIS 236

Snippet: when it was not permitted to do so under section 960.003 of the Florida Statutes. We agree and reverse. …Tested for Hepatitis and HIV” pursuant to section 960.003 of the Florida Statutes. P.R. moved to strike the… the state’s motion, arguing that section 960.003 did not permit the relief requested as the state did…order hepatitis and HIV testing under, section 960.003, it could order the testing under Florida Rules…that P.R. submit to testing pursuant to section 960.003. The State concedes that the court’s utilization

Ago

Court: Fla. Att'y Gen. | Date Filed: 2008-09-24T00:53:00-07:00

Snippet: Fla. Stat. 5 Cf. s. 960.03(14), Fla. Stat., defining "[v]ictim" and s.960.03(3), Fla. Stat., defining

MD v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-06-16T00:53:00-07:00

Citation: 993 So. 2d 1061

Snippet: immunodeficiency virus (HIV) testing pursuant to section 960.003, Florida Statutes (2007), and remand with directions…filed a motion for HIV testing pursuant to section 960.003, Florida Statutes (2007), which provides in pertinent

M.D. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-06-16T00:00:00-07:00

Citation: 993 So. 2d 1061, 2008 Fla. App. LEXIS 8982

State v. JM

Court: Fla. | Date Filed: 2002-07-03T00:53:00-07:00

Citation: 824 So. 2d 105

Snippet: was found guilty or adjudicated delinquent); § 960.003(4), Fla. Stat. (2001) ("[T]he court shall

State v. J.M.

Court: Fla. | Date Filed: 2002-07-03T00:00:00-07:00

Citation: 824 So. 2d 105, 27 Fla. L. Weekly Supp. 621, 2002 Fla. LEXIS 1468

Snippet: was found guilty or adjudicated delinquent); § 960.003(4), Fla. Stat. (2001) (“[T]he court shall order

Isom v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1998-11-29T23:53:00-08:00

Citation: 722 So. 2d 237

Snippet: pursuant to section 960.003. Consistent with the requirements of section 960.003(2), the state in its…him to submit to HIV testing pursuant to section 960.003, Florida Statutes (1997). We summarily deny his…finds that said testing is authorized by Section 960.003, Florida Statutes, and it is accordingly ORDERED…sought. He points out that the purpose of section 960.003 is to allow for early treatment of a possible HIV… as he urges. In any event, nothing in section 960.003(2) imposes the sort of time limit that Isom seeks

Calvit v. Department of Legal Affairs, Bureau of Crime Victim Compensation

Court: Fla. Dist. Ct. App. | Date Filed: 1998-07-01T00:00:00-07:00

Citation: 714 So. 2d 1103, 1998 Fla. App. LEXIS 7979, 1998 WL 347242

Snippet: and was therefore not compensable under section 960.03(3), Florida Statutes (1995), because it did not…crime. Appellant relies on that portion of section 960.03(3), which, after defining crime as an “offenSe

James v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1997-06-18T00:00:00-07:00

Citation: 695 So. 2d 863, 1997 Fla. App. LEXIS 6696, 1997 WL 330537

Snippet: did not contravene the Fourth Amendment. Section 960.003(2) provides that a court “shall” order HIV testing

Fosman v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1995-12-26T23:53:00-08:00

Citation: 664 So. 2d 1163

Snippet: have an HIV test under Florida Statute section 960.003 (Supp. 1994), the pertinent provisions of which

Florida Bar re Amendments to Rules Regulating the Florida Bar

Court: Fla. | Date Filed: 1995-07-20T00:00:00-07:00

Citation: 658 So. 2d 930, 20 Fla. L. Weekly Supp. 410, 1995 Fla. LEXIS 1188, 1995 WL 424165

Snippet: material of such continuing legal education seminars; *960(3) authoring articles or books published in professional

In Re Amendments to Fla. Rules of Juv. Pro.

Court: Fla. | Date Filed: 1995-01-25T23:53:00-08:00

Citation: 649 So. 2d 1370

Snippet: for HIV testing), which conforms with section 960.003, Florida Statutes (Supp. 1992), and form 8.950

State v. Brewster

Court: Fla. Dist. Ct. App. | Date Filed: 1992-07-02T00:53:00-07:00

Citation: 601 So. 2d 1289

Snippet: was a fifteen year old boy. Pursuant to section 960.003, Florida Statutes (1991)[1] the defendant was ordered… and PETERSON, JJ., concur. NOTES [1] Section 960.003 provides that in any case in which a person has

Medlin v. Bureau of Crimes Compensation Division of Workers' Compensation, Department of Labor & Security

Court: Fla. Dist. Ct. App. | Date Filed: 1985-10-30T00:00:00-08:00

Citation: 477 So. 2d 1078, 10 Fla. L. Weekly 2465, 1985 Fla. App. LEXIS 16624

Snippet: appeal is controlled by that portion of section 960.03(3), Florida Statutes (1983), which provides that…insufficient to constitute a crime under section 960.03(3). The court held that the statute applies only

Bureau of Crimes Compensation, Department of Labor & Employment Security v. Traas

Court: Fla. Dist. Ct. App. | Date Filed: 1982-10-29T00:00:00-07:00

Citation: 421 So. 2d 50, 1982 Fla. App. LEXIS 21458

Snippet: concurrently within the provisions of sections 960.-03(1) and 960.03(7), and was both the victim of the crime… in resultant financial hardships. See §§ 960.03(6), 960.03(7) and 960.04(1), Fla.Stat. (1981). By his…defined under the Act. Victim is defined in section 960.03(7), Florida Statutes (1981), as “any person who

DIV. OF WORKERS'COMP, ETC. v. Brevda

Court: Fla. Dist. Ct. App. | Date Filed: 1982-10-08T00:53:00-07:00

Citation: 420 So. 2d 887

Snippet: psychiatric treatment, *890 arguing that because Section 960.03(6) defines "victim" as "any person

Davis v. Bureau of Crimes Compensation

Court: Fla. Dist. Ct. App. | Date Filed: 1981-11-18T00:00:00-08:00

Citation: 406 So. 2d 1189, 1981 Fla. App. LEXIS 21644

Snippet: constitute a “crime” for the purposes of Chapter 960.03(3); Florida Statutes (1979). We approve the deputy…act was a “crime” within the meaning of Section 960.03(3), inasmuch as the record establishes that the…claimant. This argument is without merit. Section 960.03(3) provides in material part: [N]o act involving

Ago

Court: Fla. Att'y Gen. | Date Filed: 1981-10-19T00:53:00-07:00

Snippet: surcharge on any civil fine or penalty. Section 960.03(3), F.S. (1980 Supp.), defines `crime' in the