7240582, 2AER09-1 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 7240582

Notice of Emergency Rule

Department:

DEPARTMENT OF LEGAL AFFAIRS

Division:

Division of Victim Services and Criminal Justice Programs

Overview

RULE:

2AER09-1

Claims

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE:

The proposed emergency rule is necessary to maintain the solvency and financial integrity of the Crimes Compensation Trust Fund. Benefits are being paid at a rate the trust fund cannot continue to support according to an urgent directive from the agency budget director. There is an immediate danger to the public’s welfare because innocent crime victims depend on the trust fund to assist them in paying their crime related expenses. Without access to the medical benefits the trust fund provides, crime victims may not be able to get the care they need, thereby impacting both the public’s health and safety, because the trust fund’s solvency to pay any benefits is in jeopardy.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES:

The agency concludes this rulemaking procedure is fair under the circumstances, since the crime victims in the State of Florida must be able to make a claim for assistance and receive some benefits, even if it is at a reduced rate. Fiscal prudence dictates that benefits be reduced immediately, and the agency has statutory authority to pay reduced benefits when rules are promulgated (see Section 960.13(9)(b), F.S.).

SUMMARY:

The emergency rule incorporates amendments to form BVC-P001 that will lower the mental health and domestic violence relocation benefits paid to some victims from the Crimes Compensation Trust Fund.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Ms. Gwen Roache, Bureau Chief, PL-01, The Capitol, Tallahassee, Florida 32399-1050

PRINT PUBLISH DATE:

6/12/2009 Vol. 35/23

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://www.flrules.org/gateway/ruleno.asp?id=2AER09-1&PDate=6/12/2009&Section=4

REFERENCE MATERIALS:

No reference(s).

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