The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Criminal Justice
BILL: SB 482
INTRODUCER: Senator Rouson
SUBJECT: Victims of Reform School Abuse
DATE: November 29, 2021
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Stokes Jones CJ Favorable
2. ATD
3. AP
I. Summary:
SB 482 creates the “Arthur G. Dozier School for Boys and Okeechobee School Abuse Victim
Certification Act” which provides a process for former students from these schools who were
abused to be certified as victims. The bill defines “victim of Florida reform school abuse,” as a
living person who was confined at the Arthur G. Dozier School for Boys or the Okeechobee
School at any time between 1940 and 1975 and who was subjected to mental, physical, or sexual
abuse perpetrated by school personnel during the period of confinement. More than 500 former
students have come forward with reports of physical, mental, and sexual abuse by school staff.
The bill requires a person seeking to be certified as a victim of Florida reform school abuse to
submit an application to the Department of State (DOS) by September 1, 2022. The DOS must
notify the applicant of its determination within five business days after processing and reviewing
the application. If the DOS determines that an application meets the requirements of the act, the
DOS must certify the applicant as a victim of Florida reform school abuse. The DOS must also
submit a list of all certified victims to the President of the Senate and the Speaker of the House
of Representatives by December 31, 2022.
The bill also provides that a victim of Florida reform school abuse may file a claim under
ch. 960, F.S., which governs victim assistance, including victim compensation. The bill defines
“crime,” for purposes of filing a claim and requires that a claim must be brought within 1 year of
the effective date of the bill.
This bill may have an indeterminate fiscal impact on the DOS. Additionally, this bill may have
an indeterminate negative fiscal impact on the Office of the Attorney General (OAG) for claims
filed under ch. 960, F.S. See Section V. Fiscal Impact Statement.
This act is effective upon becoming law.
REVISED: 11/30/21 BILL: SB 482 Page 2
II. Present Situation:
The Dozier School
From January 1, 1900, to June 30, 2011, the state operated the Florida State Reform School in
Marianna.
1
Over the years, the school has operated under several different names: Florida State
Reform School, Florida Industrial School for Boys, Florida School for Boys, and Arthur G.
Dozier School for Boys (hereinafter, Dozier School). The school originally housed children as
young as five years old, who had committed minor criminal offenses, such as incorrigibility and
truancy. Additionally, many children who had not been charged with a crime were committed to
the school as wards of the state and orphans.
2
As early as 1901, reports surfaced of children being chained to walls in irons, brutal whippings,
and peonage (involuntary servitude).
3
In the first 13 years of operation, six state-led
investigations took place. Those investigations found that children as young as five years old
were being hired out for labor, unjustly beaten, and were without education or proper food and
clothing.
4
In 1955, the state opened a new reform school in Okeechobee to address overcrowding at the
Dozier School.
5
Staff members of the Dozier School were transferred to the Florida School for
Boys at Okeechobee (hereinafter, Okeechobee School), where they instituted the same degrading
policies and abusive practices as those implemented at the Dozier School.
6
In 2005, former students of the Dozier School began to publish accounts of the abuse they
experienced at the school.
7
These stories prompted Governor Charlie Crist to direct the Florida
Department of Law Enforcement to investigate the Dozier School and the deaths that were
alleged and occurred at the school.
8
University of South Florida Forensic Investigation
From 2013-2016, the University of South Florida conducted a forensic investigation, funded by
the Legislature, into the deaths and burials at the Dozier School.
9
The purpose of the
investigation was to determine the location of the missing children buried at the Dozier School.
10
1
Erin H. Kimmerle, Ph.D., E. Christian Wells, Ph.D., and Antoinette Jackson, Ph.D.; Florida Institute for Forensic
Anthropology & Applied Sciences, University of South Florida, Report on the Investigation into the Deaths and Burials at
the Former Arthur G. Dozier School for Boys in Marianna, Florida, pg. 22 (January 18, 2016), available at:
http://mediad.publicbroadcasting.net/p/wusf/files/201601/usf-final-dozier-summary-2016.pdf (last visited November 2,
2021).
2
Id.
3
Id. at 12.
4
Id. at 27.
5
Id. at 22.
6
Id.
7
Id. at 30.
8
Id.
9
Id. at 4.
10
Id. at 11. BILL: SB 482 Page 3
The investigation found records of nearly 100 deaths from 1900-1973.
11
Of those 100 deaths
recorded in documents maintained by the school, two deaths were staff members, and the
remaining were boys ranging in age from 6 to 18 years old. The investigation noted that the
historical records are incomplete and the causes and manners of death for the majority of cases
are unknown. The investigation also found that there are at least 22 deaths in the records for
which no burial location is documented.
12
The investigation noted that while other state-run institutions kept detailed records of burials
made on the property of the institution, the Dozier School did not keep any records showing the
location of specific graves, nor did the school mark the graves.
13
The investigation implied that
this lack of record keeping suggests an intent to cloud the true number of burials located at the
school and potentially hinder later investigations into the true causes of individual’s deaths.
14
Additionally, the investigation revealed that the Dozier School consistently underreported the
number of deaths that occurred in their bi-annual reports to the state.
15
Legislative Resolutions Addressing Florida Reform School Abuse at the Dozier School and
the Okeechobee School
During the 2017 Legislative Session, the Legislature unanimously issued a formal apology to the
victims of reform school abuse and their families with the passage of CS/HR 1335 and
CS/SR 1440. In those resolutions, the Legislature acknowledged that the treatment of boys who
were sent to the Dozier School and the Okeechobee School was cruel, unjust, and a violation of
human decency. The resolutions expressed regret for the treatment of boys at the schools and
apologized to the victims for the wrongs committed against them by state employees. The
resolutions also expressed commitment to ensuring that children who have been placed in the
state’s care will be protected from abuse and violations of fundamental human decency.
16
Florida Crimes Compensation Act
The Florida Crimes Compensation Act
17
authorizes the Florida Attorney General’s Division of
Victim Services to administer a compensation program to ensure financial assistance for victims
of crime. Injured victims of crime may file for compensation for financial assistance such as
treatment costs, economic loss, disability, or loss of support.
18
Section 960.065, F.S., provides that the following persons are eligible for compensation under
ch. 960, F.S.:
A victim.
An intervenor.
11
Id. at 14.
12
Id.
13
Id. at 15.
14
Id.
15
Id.
16
See CS/HR 1335 and CS/SR 1440 (2017).
17
Sections 960.01-960.28, F.S.
18
Attorney General, Victim Compensation Brochure, available at: http://myfloridalegal.com/webfiles.nsf/WF/MRAY-
8CVP5T/$file/BVCVictimCompensationBrochure.pdf (last visited November 2, 2021). BILL: SB 482 Page 4
A surviving spouse, parent or guardian, sibling, or child of a deceased victim or intervenor.
Any other person who is dependent for his or her principal support upon a deceased victim or
intervenor.
19
Claims will generally be denied if filed for or on behalf of a person who:
Committed or aided in the commission of the crime upon which the claim for compensation
was based;
Was engaged in an unlawful activity at the time of the crime upon which the claim for
compensation is based, unless the victim was engaged in prostitution as a result of being a
victim of human trafficking;
Was in custody or confined, regardless of conviction, in a county or municipal detention
facility, a state or federal correctional facility, or a juvenile detention or commitment facility
at the time of the crime upon which the compensation is based;
Has been adjudicated as a habitual felony offender (HFO), habitual violent offender, or
violent career criminal; or
Has been adjudicated guilty of a forcible felony offense.
20
Claims filed by or on behalf of a person who was in custody or confined, who are adjudicated as
a HFO or found guilty of a forcible felony may be eligible upon a finding by the Crime Victim’s
Service Office of mitigating or special circumstances that would render a disqualification
unjust.
21
Any award granted, must be granted on an “actual need” basis. An award is provided only after
all benefits provided by primary insurance carriers, including, but not limited to, health and
accident insurers, workers’ compensation, and automobile accident coverage.
22
Payments under
ch. 960, F.S., are considered payments “of last resort,” that follow all other payments.
23
III. Effect of Proposed Changes:
The bill creates the “Arthur G. Dozier School for Boys and Okeechobee School Abuse Victim
Certification Act.” The bill provides numerous whereas clauses explaining the schools’ history
of abuse, the investigations that followed, and the Legislature’s formal apology in 2017.
The bill defines a “victim of Florida reform school abuse” as a living person who was confined
at the Arthur G. Dozier School for Boys or the Okeechobee School at any time between 1940
and 1975 and who was subjected to mental, physical, or sexual abuse perpetrated by personnel of
the school during the period of confinement.
19
Section 960.065(1), F.S.
20
Section 960.065(2), F.S.
21
Section 960.065(3), F.S.
22
Section 960.13(2), F.S.
23
Section 960.13(3), F.S. BILL: SB 482 Page 5
Notwithstanding the prohibitions in s. 960.065(2)(c) and (3), F.S., the bill allows a victim of
Florida reform school abuse or an intervenor
24
to file a claim for compensation under ch. 960,
F.S.
The bill requires a person seeking to be certified as a victim of Florida reform school abuse to
submit an application to the DOS by September 1, 2022. The application must include:
An affidavit stating:
o That the applicant was confined at the Dozier School or the Okeechobee School;
o The beginning and ending days of the confinement; and
o That the applicant was subjected to mental, physical, or sexual abuse perpetrated by
school personnel during the confinement.
Documentation from the State Archives of Florida, the Dozier School, or the Okeechobee
School, demonstrating that the applicant was confined at the school for any length of time
between 1940 and 1975; and
Proof of identification, including a current form of photo ID.
The bill requires the DOS to examine an application within 30 days of receipt and notify the
applicant of any errors or omissions or request any additional information relevant to the review
of the application. If the DOS notifies the applicant of any errors or omissions, or requests
additional information, the applicant has 15 days after such notification to complete or modify
the application.
The bill prohibits the DOS from denying an application due to the applicant’s failure to correct
an error or submit additional information requested by the DOS if the DOS failed to timely
notify the applicant of the error.
If the DOS determines that an application meets the requirements of the act, the DOS must
certify the applicant as a victim of Florida reform school abuse. The DOS must review and
process all completed applications within 90 days after receipt of the application and notify the
applicant of its determination within five business days after completing its processing and
review.
By December 31, 2022, the DOS must have reviewed and processed all applications submitted
by September 1, 2022, and submit a list of all certified victims to the President of the Senate and
the Speaker of the House of Representatives.
The bill, notwithstanding s. 960.07, F.S., which provides timelines for filing a claim, provides
that a victim of Florida reform school abuse or an intervenor may file a claim under ch. 960,
F.S., within 1 year after the effective date of the bill.
The bill defines “crime,” for purposes of filing a claim under ch. 960, F.S., as a felony or
misdemeanor offense committed by an adult or a juvenile which results in a mental or physical
injury or death. A mental injury must be verified by a psychologist, a physician who has
24
The bill defines “intervenor” to mean any person who goes to the aid of another and suffers bodily injury or death as a
direct result of acting, not recklessly, to prevent the commission of a crime, to lawfully apprehend a person reasonably
suspected of having committed a crime, or to aid the victim of a crime. BILL: SB 482 Page 6
completed a residency in psychiatry, or by a physician who has obtained certification as an
expert witness.
The act is effective upon becoming law.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
This bill provides that the DOS is responsible for processing applications for persons
seeking to be certified as a victim of Florida reform school abuse. While it is unknown
how many persons will seek this certification, the bill indicates that there are over 500
people who have come forward as victims. This bill may have a negative indeterminate
fiscal impact on the DOS due to the processing of applications.
Additionally, this bill may have a negative indeterminate fiscal impact on the OAG for
additional claims filed under ch. 960, F.S. The benefits for claims are payable from the
Crimes Compensation Trust Fund. During FY 2019-20, the OAG paid on average
$3,691.56 per payout, for a total of $7,519,710. While it is unknown how many persons BILL: SB 482 Page 7
will file a claim, the bill indicates that there are over 500 people who have come forward
as victims.
25
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill creates undesignated sections of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
25
Email from Daniel Olson, Government Affairs Director (January 21, 2021) (on file with the Senate Criminal Justice
Committee); the email on file references SB 288 (2021) which is substantially similar to this bill.