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Florida Felony & Misdemeanor Criminal Defense


Victim Services, Restitution and Compensation

Victim Services


Florida law enforcement personnel are required to provide victims with information regarding available victim service programs, including:
*The right to request restitution (see below)
*Crisis intervention services, support and bereavement counseling and community-based victim treatment counseling
*The role of the victim in the criminal justice process, the legal rights of the victim and the stages of the criminal justice process
*The availability of protection for the victim
*The availability of victim compensation (see below).

Restitution


Under Florida law, an offender may be required to make restitution in addition to any criminal sentence. Restitution for bodily injury, lost income and funeral expenses can be court ordered for the victim or the estate and next of kin of the victim if the victim died as a result of the criminal offense.

Compensation


In recognition of the many innocent persons who suffer personal injury or death as a result of adult or juvenile crime, Florida passed the Florida Crimes Compensation Act, which provides government financial compensation to eligible victims. To be eligible to receive compensation, a person must be a victim, an intervenor (someone who aids another and suffers bodily injury or death as a result of trying to prevent a crime, lawfully apprehending a suspected criminal or helping a victim of crime), a surviving spouse, parent, child or other dependent.
The amount of an award is based on the actual needs of the person requesting assistance. The maximum compensation award permitted is $10,000, including all costs or losses. Emergency awards are also available. A claim for a financial award must be filed no later than one year after the crime occurred or after the death of the victim or intervenor. However, if the Attorney General's Office determines there is good cause, the deadline may be extended to two years after the crime or death.

Resources


For more information on victims' compensation, write to the Office of the Attorney General, Victims' Compensation, PL-01, The Capitol, Tallahassee, FL 32399-1050 or call (904) 488-0848. The Attorney General's Office also maintains a toll-free hotline for crime victims at (800) 226-6667.
The Florida Bar publishes If You Are Arrested in Florida and also Juvenile Arrest. To obtain either of these pamphlets, call The Florida Bar at (904) 561-5834.
More information concerning drunk driving can be obtained by writing to Mothers Against Drunk Driving (MADD) of Florida, 114 West Fifth Avenue, Tallahassee, FL 32303 or by calling (904) 681-0061 or the Victims' Hotline at (800) 772-6233.
The Florida Department of Highway Safety and Motor Vehicles also has information relating to drunk driving that can be obtained by writing to the Florida Department of Highway Safety and Motor Vehicles, Office of Management & Planning Services, Room A430, Neil Kirkman Building, Tallahassee, FL 32399 or by calling (904) 488-3666.
Reviewed and edited by Leading Florida Attorney E. C. Deeno Kitchen at the law firm of Kitchen Judkins Simpson & High.
This chapter was adapted, in part, from a paper prepared by Richard J. Essen at the law firm of Essen, Essen, Susaneck, Canet & Lipson, P.A.

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