Florida Statute 960.28 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 960
VICTIM ASSISTANCE

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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.

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Amendments to 960.28

Annotations, Discussions, Cases:

Cases Citing Statute 960.28

Total Results: 10 | Sort by: Relevance | Newest First

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Forsberg v. Hous. Auth. of City of Miami B., 455 So. 2d 373 (Fla. 1984).

Cited 27 times | Published | Supreme Court of Florida | 10 Media L. Rep. (BNA) 2511

...h) (school health agency records); § 413.012 (Blind Services vocational rehabilitation records); § 415.51 (child abuse records); § 415.608 (spouse abuse center records); § 455.241(2) (patient records); § 959.225(3) (HRS youth services records); § 960.28(3) (records of payments to victims of crimes)....

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In Re Amendments to Rules of Juv. Proc., 951 So. 2d 804 (Fla. 2007).

Cited 2 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 87, 2007 Fla. LEXIS 245, 2007 WL 415377

...The child is to serve .....5/10..... days in the Juvenile Detention Center. THE COURT FURTHER FINDS AND ORDERS: ..... 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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In Re Amendments to Rules of Juv. Proc., 915 So. 2d 592 (Fla. 2005).

Cited 1 times | Published | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 799, 2005 Fla. LEXIS 2284, 2005 WL 3072028

...The child is to serve .....5/10.... days in the Juvenile Detention Center. THE COURT FURTHER FINDS AND ORDERS: ..... 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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In Re Amendments to Fla. Rules of Juv. Pro., 649 So. 2d 1370 (Fla. 1995).

Cited 1 times | Published | Supreme Court of Florida | 1995 WL 27510

...____ pay $50 to the Crimes Compensation Trust Fund, payable to the clerk of the circuit court. ____ 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....

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In re Amendments to the Florida Rules of Juv. Procedure, 123 So. 3d 1128 (Fla. 2013).

Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 697, 2013 WL 5476883, 2013 Fla. LEXIS 2139

...The child has committed an enumerated crime against a minor and the child is required to pay $.. under section 938.10, Florida Statutes. . 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....

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Amendments to the Rules of Juv. Procedure, 783 So. 2d 138 (Fla. 2000).

Published | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 924, 2000 Fla. LEXIS 2041, 2000 WL 1587805

...,-r-pay-$50 to the Crimes Compensation Trust-Fund, payable to the clerk of the-circuit court. .... pay $.... to the Crimes -Compensation Trust Fund, payable-to-the-clerk of-the-circuit court, for reimbursement of-expenses for initial examination of the-vietim under section- 960.28, Florida Statutes....

...for .... % .... years. .... The child is to serve .... 5/10.... days in the Juvenile Detention Center. 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....

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In re Amendments to the Florida Rules of Juv. Procedure, 115 So. 3d 286 (Fla. 2013).

Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 337, 2013 Fla. LEXIS 1944, 2013 WL 2248756

...uired to pav $.under section 938.10, Florida Statutes. 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 examination....

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Amendments to the Florida Rules of Juv. Procedure, 898 So. 2d 47 (Fla. 2005).

Published | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 135, 2005 Fla. LEXIS 382, 2005 WL 486598

...The child is to serve .5/10. days in the Juvenile Detention Center. THE COURT FURTHER FINDS AND ORDERS: .The child has violated Chapter 794, Florida Statutes (sexual battery) and is ordered to make restitution to the Crimes Compensation Trust Fund under F-.-S — section 960.28(5), Florida Statutes, for the cost of the forensic physical examination....

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In Re: Amendments to Florida Rules of Juv. Procedure - 2024 Legislation (Fla. 2025).

Published | Supreme Court of Florida

...Statutes. ..... 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 forensic physical examination. ........

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In Re: Amendments to the Florida Rules of Juv. Procedure - 2018 Regular-Cycle Report, 258 So. 3d 1254 (Fla. 2018).

Published | Supreme Court of Florida

........ The child has violated chapter 794, Florida Statutes (sexual battery), or chapter 800, Florida Statutes, (lewd or lasciviousness; 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 examination. ........

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.