Florida Statutes

Fla. Stat. § 960.28 (2025)

Payment for victims’ initial forensic physical examinations.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 10 cases (1 in the last 5 years), 1984–2025 · leading case: Forsberg v. Hous. Auth. of City of Miami B., 455 So. 2d 373 (Fla. 1984).

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Forsberg v. Hous. Auth. of City of Miami B., 455 So. 2d 373 (Fla. 1984). “321 (records concerning abuse of nursing home residents); § 400.”

In Re Amendments to Rules of Juv. Proc., 951 So. 2d 804 (Fla. 2007). · cites it 2× “The child has violated Chapter 794, Florida Statutes (sexual battery) and is ordered to make restitution to the Crimes Compensation Trust Fund under section 960.28(5), Florida Statutes, for the cost of the forensic physical examination.”

In re Amendments to the Florida Rules of Juv. Procedure, 115 So. 3d 286 (Fla. 2013). · cites it 2× “The child has violated Gchapter 794, Florida Statutes (sexual battery) or chapter 800 (lewdness: indecent exposure) and is ordered to make restitution to the Crimes Compensation Trust Fund under section 960.28(5), Florida Statutes, for the cost of the forensic physical…”

Amendments to the Rules of Juv. Procedure, 783 So. 2d 138 (Fla. 2000). “THE COURT FURTHER FINDS AND ORDERS: Florida Statutes (sexual battery) and is ordered to make restitution to the Crimes Compensation Trust Fund under F.S. 960.28(5) for the cost of the forensic physical examination.”

In Re Amendments to Fla. Rules of Juv. Pro., 649 So. 2d 1370 (Fla. 1995). · cites it 2× “____ pay $ ____ to the Crimes Compensation Trust Fund, payable to the clerk of the circuit court, for reimbursement of expenses for initial examination of the victim under section 960.28, Florida Statutes. ____ participate in a tour of an adult correctional facility.”

In re Amendments to the Florida Rules of Juv. Procedure, 123 So. 3d 1128 (Fla. 2013). · cites it 2× “The child has violated chapter 794, Florida Statutes (sexual battery) or chapter 800 (lewd or lascivious) and is ordered to make restitution to the Crimes Compensation Trust Fund under section 960.28(5), Florida Statutes, for the cost of the forensic physical examination.”

In Re Amendments to Rules of Juv. Proc., 915 So. 2d 592 (Fla. 2005). · cites it 2× “The child has violated Chapter 794, Florida Statutes (sexual battery) and is ordered to make restitution to the Crimes Compensation Trust Fund under section 960.28(5), Florida Statutes, for the cost of the forensic physical examination.”

In Re: Amendments to the Florida Rules of Juv. Procedure - 2018 Regular-Cycle Report, 258 So. 3d 1254 (Fla. 2018). · cites it 2× “The child has violated chapter 794, Florida Statutes (sexual battery), or chapter 800, Florida Statutes, (lewd or laseiviousness; indecent exposure), and is ordered to make restitution to the Crimes Compensation Trust Fund under section 960.28(5), Florida Statutes, for the cost…”

In Re: Amendments to Florida Rules of Juv. Procedure - 2024 Legislation (Fla. 2025). · cites it 2× “The child has violated chapter 794, Florida Statutes (sexual battery), or chapter 800, Florida Statutes, (lewdness; indecent exposure), and is ordered to make restitution to the Crimes Compensation Trust Fund under section 960.28(5), Florida Statutes, for the cost of the…”

Amendments to the Florida Rules of Juv. Procedure, 898 So. 2d 47 (Fla. 2005). · cites it 2× “-S — section 960.28(5), Florida Statutes, for the cost of the forensic physical examination.”

— 960.28(3) — 1 case

Forsberg v. Hous. Auth. of City of Miami B., 455 So. 2d 373 (Fla. 1984). “321 (records concerning abuse of nursing home residents); § 400.”

— 960.28(5) — 8 cases

In Re Amendments to Rules of Juv. Proc., 951 So. 2d 804 (Fla. 2007). “The child has violated Chapter 794, Florida Statutes (sexual battery) and is ordered to make restitution to the Crimes Compensation Trust Fund under section 960.28(5), Florida Statutes, for the cost of the forensic physical examination.”

In re Amendments to the Florida Rules of Juv. Procedure, 115 So. 3d 286 (Fla. 2013). “The child has violated Gchapter 794, Florida Statutes (sexual battery) or chapter 800 (lewdness: indecent exposure) and is ordered to make restitution to the Crimes Compensation Trust Fund under section 960.28(5), Florida Statutes, for the cost of the forensic physical…”

In re Amendments to the Florida Rules of Juv. Procedure, 123 So. 3d 1128 (Fla. 2013). “The child has violated chapter 794, Florida Statutes (sexual battery) or chapter 800 (lewd or lascivious) and is ordered to make restitution to the Crimes Compensation Trust Fund under section 960.28(5), Florida Statutes, for the cost of the forensic physical examination.”

In Re Amendments to Rules of Juv. Proc., 915 So. 2d 592 (Fla. 2005). “The child has violated Chapter 794, Florida Statutes (sexual battery) and is ordered to make restitution to the Crimes Compensation Trust Fund under section 960.28(5), Florida Statutes, for the cost of the forensic physical examination.”

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