Senate Bill 288 (2021) — Victims of reform school abuse
SB 288
Florida Bills
Florida Senate - 2021 SB 288 By Senator Rouson 19-00338-21 2021288__ Page 1 of 7 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to victims of reform school abuse; 2 providing a
short title; defining the term “victim of 3 Florida reform school abuse”; requiring a person 4 seeking certification under the act to apply to the 5 Department of State by a certain date; prohibiting the 6 estate of a decedent or the personal representative of 7 a decedent from submitting an application on behalf of 8 the decedent; requiring that the application include 9 certain information and documentation; requiring the 10 department to examine the application, notify the 11 applicant of any errors or omissions, and request any 12 additional information within a certain timeframe; 13 specifying the timeframe that the applicant has to 14 revise and complete the application after such 15 notification; requiring the department to review and 16 process a completed application within a certain 17 timeframe; prohibiting the department from denying an 18 application for specified reasons and under certain 19 circumstances; requiring the department to notify the 20 applicant of its determination within a certain 21 timeframe; requiring the department to certify an 22 applicant as a victim of Florida reform school abuse 23 if the department determines that the application 24 meets the requirements of the act; requiring the 25 department to submit a list of all certified victims 26 to the Legislature by a specified date; providing 27 exceptions from specified requirements for crime 28 victim compensation eligibility for applications 29
Florida Senate - 2021 SB 288 19-00338-21 2021288__ Page 2 of 7 CODING: Words stricken are deletions; words underlined are additions. submitted under the act; providing an effective date. 30 31 WHEREAS, the Florida State Reform School, also known as the 32 “Florida Industrial School for Boys,” the “Florida School for 33 Boys,” the “Arthur G.
Dozier School for Boys,” and the “Dozier 34 School,” was opened by the state in 1900 in Marianna to house 35 children who had committed minor criminal offenses, such as 36 incorrigibility, truancy, and smoking, as well as more serious 37 offenses, such as theft and murder, and 38 WHEREAS, throughout the Dozier School’s history, reports of 39 abuse, suspicious deaths, and threats of closure plagued the 40 school, and 41 WHEREAS, many former students of the Dozier School have 42 sworn under oath that they were beaten at a facility located on 43 the school grounds known as the “White House,” and 44 WHEREAS, a psychologist employed at the Dozier School 45 testified under oath at a 1958 United States Senate Judiciary 46 Committee hearing that boys at the school were beaten by an 47 administrator, that the blows were severe and dealt with great 48 force with a full arm swing over the head and down, that a 49 leather strap approximately 10 inches long was used, and that 50 the beatings were “brutality,” and 51 WHEREAS, a former Dozier School employee stated in 52 interviews with law enforcement that in 1962 several employees 53 of the school were removed from the facility based upon 54 allegations that they made sexual advances toward boys at the 55 facility, and 56 WHEREAS, a forensic investigation funded by the Legislature 57 and conducted from 2013 to 2016 by the University of South 58
Florida Senate - 2021 SB 288 19-00338-21 2021288__ Page 3 of 7 CODING: Words stricken are deletions; words underlined are additions.
Florida found incomplete records regarding deaths and 45 burials 59 that occurred at the Dozier School between 1900 and 1960 and 60 found that families were often notified of the death after the 61 child was buried or were denied access to their child’s remains 62 at the time of burial, and 63 WHEREAS, the excavations conducted as part of the forensic 64 investigation revealed more burials than reported in official 65 records, and 66 WHEREAS, in 1955, the state opened a new reform school in 67 Okeechobee called the Florida School for Boys at Okeechobee, 68 referred to in this act as the “Okeechobee School,” to address 69 overcrowding at the Dozier School, and staff members of the 70 Dozier School were transferred to the Okeechobee School, where 71 similar disciplinary practices were implemented, and 72 WHEREAS, many former students of the Okeechobee School have 73 sworn under oath that they were beaten at a facility on school 74 grounds known as the “Adjustment Unit,” and 75 WHEREAS, more than 500 former students of the Dozier School 76 and the Okeechobee School have come forward with reports of 77 physical, mental, and sexual abuse by school staff during the 78 1940s, 1950s, 1960s, and 1970s and the resulting trauma that has 79 endured throughout their lives, and 80 WHEREAS, this is a unique and shameful
chapter in the 81 history of the state during which children placed into the 82 custody of state employees were subjected to physical, mental, 83 and sexual abuse rather than the guidance and compassion that 84 children in state custody should receive, and 85 WHEREAS, during the 2017 Legislative Session, the 86 Legislature unanimously issued a formal apology to the victims 87
Florida Senate - 2021 SB 288 19-00338-21 2021288__ Page 4 of 7 CODING: Words stricken are deletions; words underlined are additions. of abuse with the passage of CS/SR 1440 and CS/HR 1335, 88 expressing regret for the treatment of boys who were sent to the 89 Dozier School and the Okeechobee School; acknowledging that the 90 treatment was cruel, unjust, and a violation of human decency; 91 and expressing its commitment to ensure that children who have 92 been placed in the state’s care will be protected from abuse and 93 violations of human decency, NOW, THEREFORE, 94 95 Be It Enacted by the Legislature of the State of Florida: 96 97
Section 1.
(1) This act may be known and cited as the 98 “Arthur G. Dozier School for Boys and Okeechobee School Abuse 99 Victim Certification Act.” 100
(2) As used in this act, the term “victim of Florida reform 101 school abuse” means a living person who was confined at the 102 Arthur G. Dozier School for Boys or the Okeechobee School at any 103 time between 1940 and 1975 and who was subjected to mental, 104 physical, or sexual abuse perpetrated by school personnel during 105 the period of confinement. 106 (3)(
a) A person seeking to be certified as a victim of 107 Florida reform school abuse must submit an application to the 108 Department of State no later than September 1, 2021. The estate 109 of a decedent or the personal representative of a decedent may 110 not submit an application on behalf of the decedent. 111 (
b) The application must include: 112 1. An affidavit stating that the applicant was confined at 113 the Arthur G. Dozier School for Boys or the Okeechobee School, 114 the beginning and ending dates of the confinement, and that the 115 applicant was subjected to mental, physical, or sexual abuse 116
Florida Senate - 2021 SB 288 19-00338-21 2021288__ Page 5 of 7 CODING: Words stricken are deletions; words underlined are additions. perpetrated by school personnel during the period of 117 confinement; 118 2. Documentation from the State Archives of Florida, the 119 Arthur G. Dozier School for Boys, or the Okeechobee School which 120 shows that the applicant was confined at the school or schools 121 for any length of time between 1940 and 1975; and 122 3. Positive proof of identification, including a current 123 form of photographic identification. 124 (
c) Within 30 calendar days after receipt of an 125 application, the Department of State shall examine the 126 application and notify the applicant of any errors or omissions 127 or request any additional information relevant to the review of 128 the application. The applicant has 15 calendar days after 129 receiving such notification to revise and complete the 130 application by correcting any errors or omissions or submitting 131 any additional information requested by the department. The 132 department shall review and process each completed application 133 within 90 calendar days after receipt of the application. 134 (
d) The Department of State may not deny an application due 135 to the applicant’s failure to correct an error or omission or 136 failure to submit any additional information requested by the 137 department if the department failed to timely notify the 138 applicant of such error or omission or timely request additional 139 information as provided in paragraph (c). 140 (
e) The Department of State shall notify the applicant of 141 its determination within 5 business days after reviewing and 142 processing the application. If the department determines that an 143 application meets the requirements of this section, the 144 department must certify the applicant as a victim of Florida 145
Florida Senate - 2021 SB 288 19-00338-21 2021288__ Page 6 of 7 CODING: Words stricken are deletions; words underlined are additions. reform school abuse. 146 (
f) No later than December 31, 2021, the Department of 147 State must review and process all applications submitted by 148 September 1, 2021, and must submit a list of all certified 149 victims of Florida reform school abuse to the President of the 150 Senate and the Speaker of the House of Representatives. 151
Section 2.
(1) Notwithstanding s. 960.03(3), Florida 152 Statutes, for purposes of a claim under
chapter 960, Florida 153 Statutes, by a victim of Florida reform school abuse, as defined 154 in
section 1 of this act, or an intervenor, as defined in s. 155 960.03(9), Florida Statutes, the term “crime” means a felony or 156 misdemeanor offense committed by an adult or a juvenile which 157 results in a mental or physical injury or death. A mental injury 158 must be verified by a psychologist licensed under
chapter 490, 159 Florida Statutes; by a physician licensed under
chapter 458 or 160
chapter 459, Florida Statutes, who has completed an accredited 161 residency in psychiatry; or by a physician licensed under 162
chapter 458 or
chapter 459, Florida Statutes, who has obtained 163 certification as an expert witness pursuant to s. 458.3175, 164 Florida Statutes. 165
(2) Notwithstanding s. 960.065(2)(
c) and (3), Florida 166 Statutes, for purposes of a claim under
chapter 960, Florida 167 Statutes, a “victim of Florida reform school abuse,” as defined 168 in
section 1 of this act, is eligible to file a claim under 169
chapter 960, Florida Statutes. 170
(3) Notwithstanding s. 960.07, Florida Statutes, for 171 purposes of a claim under
chapter 960, Florida Statutes, by a 172 “victim of Florida reform school abuse,” as defined in
section 1 173 of this act, the victim or intervenor may file a claim relating 174
Florida Senate - 2021 SB 288 19-00338-21 2021288__ Page 7 of 7 CODING: Words stricken are deletions; words underlined are additions. to such abuse within 1 year after the effective date of this 175 act. 176