STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ROBERT A. DAVIS, )

)

Petitioner, )

)

vs. ) CASE No. 92-0135VC

) DEPARTMENT OF LEGAL AFFAIRS, ) CRIME VICTIMS SERVICES OFFICE, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, Veronica E. Donnelly, held a formal hearing in the above styled case on March 3, 1992, in St. Petersburg, Florida.

APPEARANCES

For Petitioner: No appearance

For Respondent: Allen R. Grossman, Esquire

Assistant Attorney General Department of Legal Affairs The Capitol, Mailstation #4

Tallahassee, Florida 32399 1050 STATEMENT OF THE ISSUES

Whether Petitioner is entitled to compensation based upon his claim for an award filed pursuant to the Florida Crimes Compensation Act, Chapter 960, Florida Statutes.

PRELIMINARY STATEMENT

In a Notice of Claim Action issued August 6, 1991, the Respondent, Department of Legal Affairs, Crime Victims' Services Office (the Department), denied the claim of Petitioner, Robert A. Davis (Davis), for an award under the Florida Crimes Compensation Act. The reason given for the denial was that Petitioner Davis did not meet the financial criteria for victim assistance established in Section 960.13, Florida Statutes. By letter dated October 21, 1991, Petitioner Davis requested a formal administrative hearing to contest the factual determinations made by the Department regarding the financial hardship suffered by him as a result of his physical injury that occurred during a crime.

The Department referred the case to the Division of Administrative Hearings on January 7, 1992, where it was promptly scheduled for hearing in the county where Petitioner resides.

Petitioner did not appear for hearing on the scheduled date. Over objection, the Department was ordered to present evidence regarding the factual determinations made regarding Petitioner's financial ineligibility.

During hearing, the Department filed three exhibits which were admitted into evidence. No witnesses were presented. A transcript of the proceeding was not ordered. The opportunity to file proposed findings of fact was waived by the Department.

FINDINGS OF FACT

1. The Department utilizes established financial formulas in its determinations of serious financial hardship under Section 960.13(7), Florida Statutes. If a claimant's income and assets exceed these formulas, he or she is ineligible for an award from the Crimes Compensation Trust Fund.

   
   

2. The applicable formulas were applied to the claim application filed by Petitioner Davis on April 3, 1991. The application requested an award of

   $1,056.93 from the Crimes Compensation Trust Fund to reimburse Petitioner for losses suffered by him as a crime victim. The criminal episode which directly caused the losses occurred on November 22, 1990.

   
   

3. In his application, Petitioner Davis stated he had assets of $1,800.00. When the amount of loss related to the crime of $1,056.93 is subtracted from his assets, the remainder is $743.07. This subtraction process is part of the initial test to determine if serious financial hardship might exist.

   
   

4. According to the Serious Financial Hardship Worksheet which is based upon the established financial formulas, if a claimant has assets remaining after this first test, the claim analyst must complete a second test as part of the determination of possible serious financial hardship.

   
   

5. This second test looks to the financial information completed by Petitioner in his application. As per the formula, Petitioner's stated net weekly earnings of $130.53 were added to a weekly amount of his social security benefit for the sum of $351.83 as a total weekly net income. When this sum is multiplied by 52 weeks for a net annualized household income, the product is

   $18,295.16.

   
   

6. Once net annualized household income is established, the second test requires the claim analyst to add together the net annualized household income and stated assets for the sum of $20,095.16.

   
   

7. According to the financial formulas, if this sum is less than

   $15,000.00, the claimant meets the serious financial hardship criteria. If the sum is more than $15,000.00, and the crime losses are more than assets, then a third test is applied. If the sum exceeds $15,000.00 and the claimant's stated assets exceed the amount of loss related to the crime, then a claimant is ineligible for an award as he or she does not meet the serious financial hardship criteria.

   
   

8. Petitioner's net annualized household income and his stated assets exceed $15,000.00. His stated assets exceed the amount of declared loss related to the crime. As a result, he is ineligible for an award from the Crimes Compensation Trust Fund because he fails to meet the established financial criteria uniformly applied by the Department to determine serious financial hardship.

   CONCLUSIONS OF LAW

   
   

9. The Division of Administrative Hearings has jurisdiction over the parties and the subject matter pursuant to Section 120.57(1), Florida Statutes

   
   

10. The authority to award compensation from the Crimes Compensation Trust Fund is restricted by the provisions of Section 960.13(7), Florida Statutes, which provides as follows, in pertinent part:

    
    

    If the division finds that the claimant, if not granted assistance pursuant to this chapter to meet the loss of earnings or support or out-of-pocket loss, will not suffer serious financial hardship as a result of the loss of earnings or support and the out-of-pocket loss incurred as a result of

    the injury, the division shall deny the award. In determining serious financial hardship, the division shall consider all the financial resources of the claimant... .

    
    

11. The division mentioned in Section 960.13(7), Florida Statutes, is the Division of Workers' Compensation of the Department of Labor and Employment Security, according to Section 960.03(2). Florida Statutes.

    
    

12. The Division of Workers' Compensation has been authorized by the Legislature to prescribe the duties of the employees of the Bureau of Crimes Compensations and Victim/Witness Services. Section 960.06(1)(a), Florida Statutes.

    
    

13. To fulfill its duties in this regard, as it relates to the determination of serious financial hardship under Section 960.13(7), Florida Statutes, the Division of Workers' Compensation established written policies and financial formulas to be used to determine whether a claimant has suffered serious financial hardship.

    
    

14. When these formulas are applied to Petitioner's application, he does not meet the established serious financial hardship criteria because his net total annualized household income exceeds the amount of loss suffered which is related to the crime. As a result, he is ineligible for an award from the Crimes Compensation Trust Fund because he will not suffer serious financial hardship.

RECOMMENDATION

Based upon the foregoing, it is recommended that Petitioner's application for an award filed pursuant to the Florida Claims Compensation Act be denied as he is ineligible for such an award under Section 960.13(7), Florida Statutes.

RECOMMENDED this 12th day of March, 1992, in Tallahassee, Leon County, Florida.

VERONICA E. DONNELLY

Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904)488-9675

Filed with the Clerk of the

Division of Administrative Hearings this 12th day of March, 1992.

COPIES FURNISHED:

ROBERT A DAVIS

17715 GULF BLVD - #9 REDINGTON SHORES FL 33708

ALLEN R GROSSMAN ESQ ASST ATTORNEY GENERAL DEPT OF LEGAL AFFAIRS

THE CAPITOL-MAILSTATION #4

TALLAHASSEE FL 32399 1050

MEG BATES - DIRECTOR

VICTIM SERVICES AND CRIMINAL JUSTICE PROGRAMS

DEPT OF LEGAL AFFAIRS THE CAPITOL

TALLAHASSEE FL 32399 1050

ROBERT A BUTTERWORTH ESQ ATTORNEY GENERAL

THE CAPITOL - PLAZA LEVEL TALLAHASSEE FL 32399 1050

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS:

All parties have the right to submit written exceptions to this Recommended Order. All agencies allow each party at least 10 days in which to submit written exceptions. Some agencies allow a larger period within which to submit written exceptions. You should contact the agency that will issue the final order in this case concerning agency rules on the deadline for filing exceptions to this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the final order in this case.

Docket for Case No: 92-000135

Orders for Case No: 92-000135