Florida Statute 960.28 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 960
VICTIM ASSISTANCE

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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.

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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 Citing Statute 960.28

Total Results: 12

In Re: Amendments to the Florida Rules of Juvenile Procedure - 2018 Regular-Cycle Report

Court: Supreme Court of Florida | Date Filed: 2018-12-06

Citation: 258 So. 3d 1254

Snippet: the Crimes Compensation Trust Fund under section 960.28(5), Florida Statutes, for the cost of the forensic

In re Amendments to the Florida Rules of Juvenile Procedure

Court: Supreme Court of Florida | Date Filed: 2013-10-03

Citation: 123 So. 3d 1128, 38 Fla. L. Weekly Supp. 697, 2013 WL 5476883, 2013 Fla. LEXIS 2139

Snippet: the Crimes Compensation Trust Fund under section 960.28(5), Florida Statutes, for the cost of the forensic

In re Amendments to the Florida Rules of Juvenile Procedure

Court: Supreme Court of Florida | Date Filed: 2013-05-23

Citation: 115 So. 3d 286, 38 Fla. L. Weekly Supp. 337, 2013 Fla. LEXIS 1944, 2013 WL 2248756

Snippet: the Crimes Compensation Trust Fund under section 960.28(5), Florida Statutes, for the cost of the forensic

Ago

Court: Florida Attorney General Reports | Date Filed: 2008-09-24

Snippet: , defining "[c]rime" for purposes of ss.960.01-960.28, Fla. Stat., the "Florida Crimes Compensation Act

In Re Amendments to Rules of Juvenile Proc.

Court: Supreme Court of Florida | Date Filed: 2007-02-08

Citation: 951 So. 2d 804, 32 Fla. L. Weekly Supp. 87, 2007 Fla. LEXIS 245, 2007 WL 415377

Snippet: the Crimes Compensation Trust Fund under section 960.28(5), Florida Statutes, for the cost of the forensic

In Re Amendments to Rules of Juvenile Proc.

Court: Supreme Court of Florida | Date Filed: 2005-11-17

Citation: 915 So. 2d 592, 30 Fla. L. Weekly Supp. 799, 2005 Fla. LEXIS 2284, 2005 WL 3072028

Snippet: the Crimes Compensation Trust Fund under section 960.28(5), Florida Statutes, for the cost of the forensic

Amendments to the Florida Rules of Juvenile Procedure

Court: Supreme Court of Florida | Date Filed: 2005-03-03

Citation: 898 So. 2d 47, 30 Fla. L. Weekly Supp. 135, 2005 Fla. LEXIS 382, 2005 WL 486598

Snippet: Crimes Compensation Trust Fund under F-.-S — section 960.28(5), Florida Statutes, for the cost of the forensic

Ago

Court: Florida Attorney General Reports | Date Filed: 2004-07-12

Snippet: See, e.g., s. 112.19, Fla. Stat, and ss. 960.01-960.28, Fla. Stat., the "Florida Crimes Compensation Act

Amendments to the Rules of Juvenile Procedure

Court: Supreme Court of Florida | Date Filed: 2000-10-26

Citation: 783 So. 2d 138, 25 Fla. L. Weekly Supp. 924, 2000 Fla. LEXIS 2041, 2000 WL 1587805

Snippet: initial examination of the-vietim under section- 960.28, Florida Statutes. ■... ■■■ participate in-a-teur-of

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

Court: Supreme Court of Florida | Date Filed: 1995-01-26

Citation: 649 So. 2d 1370, 1995 WL 27510

Snippet: examination of the victim under section 960.28, Florida Statutes. ____ participate in a tour

Forsberg v. HOUSING AUTH. OF CITY OF MIAMI B.

Court: Supreme Court of Florida | Date Filed: 1984-08-30

Citation: 455 So. 2d 373, 10 Media L. Rep. (BNA) 2511

Snippet: records); § 959.225(3) (HRS youth services records); § 960.28(3) (records of payments to victims of crimes).

Cribbs v. State

Court: District Court of Appeal of Florida | Date Filed: 1980-01-04

Citation: 378 So. 2d 316

Snippet: 4 (1970), cert. denied, 400 U.S. 945, 91 S.Ct. 960, 28 L.Ed.2d 228 (1971); People v. Swift, 32 A.D.2d