Fla. Admin. Code Ann. R. 33-203.801 - Restitution Claims

(1) The following definitions shall be used herein for the purposes of addressing restitution claims:

(a) "Agency" means the Department of Corrections.

(b) "Claimant" means any person who submits a restitution claim alleging property damages and/or direct medical expenses for his or her injuries under Section 402.181, F.S.

(c) "Incident" means the occurrence of property damage and/or direct medical expenses for injury resulting from the same or similar event or occurrence in time.

(d) "Inmate" means any person(s) in the care and custody of the Department of Corrections.

(e) "Preponderance of the evidence" means the party bearing the burden of proof must present evidence which shows that the fact to be proven is more probable than not.

(f) "Restitution" means recompense for injury or loss.

(g) "Restitution claim" means any reimbursement claim resulting from property damages and/or direct medical expenses for injury caused by an inmate that has not been restored or recompensed through another entitlement.

(2) A claimant filing a restitution claim under Section 402.181, F.S., with the Agency, has the burden to provide a preponderance of the evidence to prove:

(a) That the action(s) of an inmate is the direct cause of claimant's property damages; and

(b) The monetary amounts of the claimant's damages.

(3) Only one restitution claim can be submitted per claimant per incident.

(4) The maximum restitution amount per claimant per incident may not exceed $1, 000.00.

(5) Restitution claims must be submitted to the Agency using the State Institution Claim Program Form ("Claims Form") DC2-379, effective 01/22, incorporated here by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13991.

(a) A complete State Institution Claims Program Form must be received by the Agency, in accordance with the instructions on the form, within 90 calendar days from the date of the incident that caused the property damage and/or medical injury. Any Claims Form received after 90 calendar days of the incident must be denied.

(b) The State Institution Claims Program Form is considered complete when it is received by the Agency with all required fields filled out, including all required documentation attached.

(c) Once the Agency has received a complete Claims Form, it must make a determination on the restitution claim within 60 calendar days. The 60 days may be tolled:

1. For 21 calendar days from the date the Agency issues a request for additional information to the claimant or legal representative. If the Agency has not received the additional information within the 21 calendar days, the Agency will make a determination on the claim based solely upon the information it has been provided.

2. Whenever a claimant requests compensation for the same incident not pursuant to Section 402.181, F.S., for the period of time until such claim is resolved and until the Agency is notified thereof by claimant.

Notes

Fla. Admin. Code Ann. R. 33-203.801

Rulemaking Authority 402.181(3) FS. Law Implemented 402.181 FS.

Adopted by Florida Register Volume 48, Number 012, January 19, 2022 effective 2/2/2022.

New 2-2-22.