HB 161 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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 this act to apply to the 5
Department of State by a certain date; prohibitin g 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 applicat ion, notify the 11
applicant of any errors or omissions, and request any 12
additional information within a certain timeframe; 13
providing that the applicant has 15 calendar days 14
after such notification to complete the application; 15
requiring the department to revi ew and process a 16
completed application within a certain timeframe; 17
prohibiting the department from denying an application 18
for specified reasons and under certain circumstances; 19
requiring the department to notify the applicant of 20
its determination within a certain timeframe; 21
requiring the department to certify an applicant as a 22
victim of Florida reform school abuse if the 23
department determines his application meets the 24
requirements of this act; requiring the department to 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
submit a list of all certified victi ms to the 26
President of the Senate and the Speaker of the House 27
of Representatives; providing exceptions from 28
specified requirements for crime victim compensation 29
eligibility for applications by victims of Florida 30
reform school abuse; providing an effective date. 31
32
WHEREAS, the Florida State Reform School, also known as the 33
"Florida Industrial School for Boys," the "Florida School for 34
Boys," the "Arthur G. Dozier School for Boys," and the "Dozier 35
School," was opened by the state in 1900 in Marianna to ho use 36
children who had committed minor criminal offenses, such as 37
incorrigibility, truancy, and smoking, as well as more serious 38
offenses, such as theft and murder, and 39
WHEREAS, throughout the Dozier School's history, reports of 40
abuse, suspicious deaths, an d threats of closure plagued the 41
school, and 42
WHEREAS, many former students of the Dozier School have 43
sworn under oath that they were beaten at a facility located on 44
the school grounds known as the "White House," and 45
WHEREAS, a psychologist employed at th e Dozier School 46
testified under oath at a 1958 United States Senate Judiciary 47
Committee hearing that boys at the school were beaten by an 48
administrator, that the blows were severe and dealt with great 49
force with a full arm swing over the head and down, tha t a 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
leather strap approximately 10 inches long was used, and that 51
the beatings were "brutality," and 52
WHEREAS, a former Dozier School employee stated in 53
interviews with law enforcement that, in 1962, several employees 54
of the school were removed from the fa cility based upon 55
allegations that they made sexual advances toward boys at the 56
facility, and 57
WHEREAS, a forensic investigation funded by the Legislature 58
and conducted from 2013 to 2016 by the University of South 59
Florida found incomplete records regarding deaths and 45 burials 60
that occurred at the Dozier School between 1900 and 1960 and 61
found that families were often notified of the death after the 62
child was buried or were denied access to their child's remains 63
at the time of burial, and 64
WHEREAS, the excavations conducted as part of the forensic 65
investigation revealed more burials than reported in official 66
records, and 67
WHEREAS, in 1955, the state opened a new reform school in 68
Okeechobee called the Florida School for Boys at Okeechobee, 69
referred to in this act as the "Okeechobee School," to address 70
overcrowding at the Dozier School, and staff members of the 71
Dozier School were transferred to the Okeechobee School, where 72
similar disciplinary practices were implemented, and 73
WHEREAS, many former students of th e Okeechobee School have 74
sworn under oath that they were beaten at a facility on school 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
grounds known as the "Adjustment Unit," and 76
WHEREAS, more than 500 former students of the Dozier School 77
and the Okeechobee School have come forward with reports of 78
physical, mental, and sexual abuse by school staff during the 79
1940s, 1950s, 1960s, and 1970s and the resulting trauma that has 80
endured throughout their lives, and 81
WHEREAS, this is a unique and shameful chapter in the 82
history of the state during which childre n placed into custody 83
of state employees were subjected to physical, mental, and 84
sexual abuse rather than the guidance and compassion that 85
children in state custody should receive, and 86
WHEREAS, during the 2017 legislative session, the 87
Legislature unanimou sly issued a formal apology to the victims 88
of abuse with the passage of CS/SR 1440 and CS/HR 1335, 89
expressing regret for the treatment of boys who were sent to the 90
Dozier School and the Okeechobee School; acknowledging that the 91
treatment was cruel, unjust, and a violation of human decency; 92
and expressing its commitment to ensure that children who have 93
been placed in the state's care will be protected from abuse and 94
violations of human decency, NOW, THEREFORE, 95
96
Be It Enacted by the Legislature of the State of Florida: 97
98
Section 1. (1) This act may be known and cited as the 99
"Arthur G. Dozier School for Boys and Okeechobee School Abuse 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Victim Certification Act." 101
(2) As used in this act, the term "victim of Florida 102
reform school abuse" means a living person who was confined at 103
the Arthur G. Dozier School for Boys or the Okeechobee School at 104
any time between 1940 and 1975 and who was subjected to mental, 105
physical, or sexual abuse perpetrated by school personnel during 106
the period of confinement. 107
(3)(a) A person seeking to be certified as a victim of 108
Florida reform school abuse must submit an application to the 109
Department of State no later than September 1, 2022. The estate 110
of a decedent or the personal representative of a decedent may 111
not submit an application on behalf of the decedent. 112
(b) The application must include: 113
1. An affidavit stating that the applicant was confined at 114
the Arthur G. Dozier School for Boys or the Okeechobee School, 115
the beginning and ending dates of the confinement, and that t he 116
applicant was subjected to mental, physical, or sexual abuse 117
perpetrated by school personnel during the period of 118
confinement; 119
2. Documentation from the Florida State Archives, the 120
Arthur G. Dozier School for Boys, or the Okeechobee School which 121
shows that the applicant was confined at the school or schools 122
for any length of time between 1940 and 1975; and 123
3. Positive proof of identification, including a current 124
form of photographic identification. 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(c) Within 30 calendar days after receipt of an 126
application, the Department of State shall examine the 127
application and notify the applicant of any errors or omissions 128
or request any additional information relevant to the review of 129
the application. The applicant has 15 calendar days after 130
receiving such notification to complete the application by 131
correcting any errors or omissions or submitting any additional 132
information requested by the department. The department shall 133
review and process each completed application within 90 calendar 134
days after receipt of t he application. 135
(d) The Department of State may not deny an application 136
due to the applicant's failure to correct an error or omission 137
or failure to submit any additional information requested by the 138
department if the department failed to timely notify t he 139
applicant of such error or omission or timely request additional 140
information as provided in paragraph (c). 141
(e) The Department of State shall notify the applicant of 142
its determination within 5 business days after reviewing and 143
processing the applicatio n. If the department determines that an 144
application meets the requirements of this section, the 145
department must certify the applicant as a victim of Florida 146
reform school abuse. 147
(f) No later than December 31, 2022, the Department of 148
State must review and process all applications that were 149
submitted by September 1, 2022, and must submit a list of all 150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
certified victims of Florida reform school abuse to the 151
President of the Senate and the Speaker of the House of 152
Representatives. 153
Section 2. (1) Notwithstanding s. 960.03(3), Florida 154
Statutes, for purposes of a claim under chapter 960, Florida 155
Statutes, by a victim of Florida reform school abuse, as defined 156
in section 1 of this act, or an intervenor, as defined in s. 157
960.03, Florida Statutes, the term "crim e" means a felony or 158
misdemeanor offense committed by an adult or a juvenile which 159
results in a mental or physical injury or death. A mental injury 160
must be verified by a psychologist licensed under chapter 490, 161
by a physician licensed under chapter 458 or chapter 459 who has 162
completed an accredited residency in psychiatry, or by a 163
physician licensed under chapter 458 or chapter 459 who has 164
obtained certification as an expert witness pursuant to s. 165
458.3175, Florida Statutes, or s. 459.0066, Florida Statutes . 166
(2) Notwithstanding s. 960.065(2)(c) and (3), Florida 167
Statutes, a victim of Florida reform school abuse or an 168
intervenor may file a claim under chapter 960, Florida Statutes. 169
(3) Notwithstanding s. 960.07, Florida Statutes, a victim 170
of Florida reform school abuse or an intervenor may file a claim 171
under chapter 960, Florida Statutes, within 1 year after the 172
effective date of this act. 173
Section 3. This act shall take effect upon becoming a law. 174