Florida 2023 Regular Session

Florida House Bill H0629 Compare Versions

Only one version of the bill is available at this time.

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10	10	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
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14	14	A bill to be entitled 1
15	15	An act relating to victims of reform school abuse; 2
16	16	providing a short title; defining the term "victim of 3
17	17	Florida reform school abuse"; requiring a person 4
18	18	seeking certification as a victim of Florida reform 5
19	19	school abuse to apply to the Department of State by a 6
20	20	specified date; authorizing the estate, personal 7
21	21	representative, next of kin, or lineal descendants of 8
22	22	a decedent who was a victim of Florida reform s chool 9
23	23	abuse to submit an application on behalf of the 10
24	24	decedent; requiring that the application include 11
25	25	certain information and documentation; requiring the 12
26	26	department to review the application, notify the 13
27	27	applicant of any errors or omissions, and request a ny 14
28	28	additional information within a certain timeframe; 15
29	29	providing that the applicant has 15 calendar days 16
30	30	after such notification to complete the application; 17
31	31	requiring the department to review and process a 18
32	32	completed application within a certain timeframe; 19
33	33	prohibiting the department from denying an application 20
34	34	for specified reasons and under certain circumstances; 21
35	35	requiring the department to notify the applicant of 22
36	36	its determination within a certain timeframe; 23
37	37	requiring the department to certify an applicant as a 24
38	38	victim of Florida reform school abuse if the 25
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47	47	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
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51	51	department determines the application meets the 26
52	52	requirements of this act; requiring the department to 27
53	53	submit a list of all certified victims of Florida 28
54	54	reform school abuse to the Legislature by a specified 29
55	55	date; providing exceptions from specified requirements 30
56	56	for crime victim compensation eligibility for 31
57	57	applications by victims of Florida reform school 32
58	58	abuse; providing an effective date. 33
59	59	34
60	60	WHEREAS, the Florida State Reform School, also known as the 35
61	61	Florida Industrial School for Boys, the Florida School for Boys, 36
62	62	the Arthur G. Dozier School for Boys, and most commonly called 37
63	63	the Dozier School, was opened by the state in 1900 in Marianna 38
64	64	to house children who had committed minor criminal offenses, 39
65	65	such as incorrigibility, truancy, and smoking, as well as more 40
66	66	serious offenses, such as theft and murder, and 41
67	67	WHEREAS, reports of abuse, suspicious deaths, and threats 42
68	68	of closure plagued the school throughout its history, and 43
69	69	WHEREAS, many former students of t he Dozier School have 44
70	70	sworn under oath that they were beaten at a facility located on 45
71	71	school grounds known as the White House, and 46
72	72	WHEREAS, a psychologist employed at the Dozier School 47
73	73	testified under oath at a 1958 United States Senate Judiciary 48
74	74	Committee hearing that boys at the school were beaten by an 49
75	75	administrator, that the blows were severe and dealt with great 50
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84	84	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
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88	88	force with a full arm swing over the head and down, that a 51
89	89	leather strap approximately 10 inches long was used, and that 52
90	90	the beatings constit uted "brutality," and 53
91	91	WHEREAS, a former Dozier School employee stated in 54
92	92	interviews with law enforcement that in 1962, several employees 55
93	93	of the school were removed from the facility based upon 56
94	94	allegations that they made sexual advances toward boys at the 57
95	95	facility, and 58
96	96	WHEREAS, a forensic investigation funded by the Legislature 59
97	97	and conducted from 2013 to 2016 by the University of South 60
98	98	Florida found incomplete records regarding deaths and 45 burials 61
99	99	that occurred at the Dozier School between 1900 and 1960 and 62
100	100	found that families were often notified of the death after the 63
101	101	child was buried or were denied access to their child's remains 64
102	102	at the time of burial, and 65
103	103	WHEREAS, the excavations conducted as part of the forensic 66
104	104	investigation revealed more burials th an reported in official 67
105	105	records, and 68
106	106	WHEREAS, in 1955, the state opened a new reform school in 69
107	107	Okeechobee called the Florida School for Boys at Okeechobee, 70
108	108	referred to in this act as the Okeechobee School, to address 71
109	109	overcrowding at the Dozier School, and staff members of the 72
110	110	Dozier School were transferred to the Okeechobee School, where 73
111	111	similar disciplinary practices were implemented, and 74
112	112	WHEREAS, many former students of the Okeechobee School have 75
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121	121	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
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125	125	sworn under oath that they were beaten at a facility on s chool 76
126	126	grounds known as the Adjustment Unit, and 77
127	127	WHEREAS, more than 500 former students of the Dozier School 78
128	128	and the Okeechobee School have come forward with reports of 79
129	129	physical, mental, and sexual abuse by school staff during the 80
130	130	1940s, 1950s, 1960s, and 1970s, resulting in trauma that has 81
131	131	endured throughout their lives, and 82
132	132	WHEREAS, this is a unique and shameful chapter in the 83
133	133	history of this state, during which children placed into custody 84
134	134	of state employees were subjected to physical, mental, and 85
135	135	sexual abuse rather than the guidance and compassion that 86
136	136	children in state custody should receive, and 87
137	137	WHEREAS, during the 2017 legislative session, the 88
138	138	Legislature unanimously issued a formal apology to the victims 89
139	139	of Florida reform school abuse with the pas sage of CS/SR 1440 90
140	140	and CS/HR 1335, expressing regret for the treatment of boys who 91
141	141	were sent to the Dozier School and the Okeechobee School; 92
142	142	acknowledging that the treatment was cruel, unjust, and a 93
143	143	violation of human decency; and expressing its commitment to 94
144	144	ensure that children who have been placed in the state's care 95
145	145	will be protected from abuse and violations of human decency, 96
146	146	NOW, THEREFORE, 97
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148	148	Be It Enacted by the Legislature of the State of Florida: 99
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158	158	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
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162	162	Section 1. (1) This act may be known and cited as the 101
163	163	"Arthur G. Dozier School for Boys and Okeechobee School Abuse 102
164	164	Victim Certification Act." 103
165	165	(2) As used in this act, the term "victim of Florida 104
166	166	reform school abuse" means a living person who was confined at 105
167	167	the Arthur G. Dozier School for Boys or the Okeechobee School at 106
168	168	any time between 1940 and 1975 and who was subjected to mental, 107
169	169	physical, or sexual abuse perpetrated by school personnel during 108
170	170	the period of confinement. 109
171	171	(3)(a) A person seeking to be certifie d as a victim of 110
172	172	Florida reform school abuse must submit an application to the 111
173	173	Department of State no later than September 1, 2023. The estate, 112
174	174	personal representative, next of kin, or lineal descendants of 113
175	175	the decedent who was a victim of Florida reform s chool abuse may 114
176	176	submit an application on behalf of the decedent. 115
177	177	(b) The application must include: 116
178	178	1. An affidavit stating that the applicant was confined at 117
179	179	the Arthur G. Dozier School for Boys or the Okeechobee School, 118
180	180	including the beginning and end ing dates of the confinement, and 119
181	181	that the applicant was subjected to mental, physical, or sexual 120
182	182	abuse perpetrated by school personnel during the period of 121
183	183	confinement; 122
184	184	2. Documentation from the Florida State Archives, the 123
185	185	Arthur G. Dozier School for Bo ys, the Okeechobee School, or any 124
186	186	other source which shows that the applicant was confined at the 125
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195	195	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
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199	199	school or schools for any length of time between 1940 and 1975; 126
200	200	and 127
201	201	3. Positive proof of identification, including a current 128
202	202	form of photographic identifica tion. This subparagraph does not 129
203	203	apply if the application is submitted by the estate, personal 130
204	204	representative, next of kin, or lineal descendent of the 131
205	205	decedent. 132
206	206	(c) Within 30 calendar days after receipt of an 133
207	207	application, the Department of State shall r eview the 134
208	208	application and notify the applicant of any errors or omissions 135
209	209	or request any additional information relevant to the review of 136
210	210	the application. The applicant has 15 calendar days after 137
211	211	receiving such notification to complete the application by 138
212	212	correcting any errors or omissions or submitting any additional 139
213	213	information requested by the department. The department shall 140
214	214	review and process each completed application within 90 calendar 141
215	215	days after receipt of the application. 142
216	216	(d) The Department of Sta te may not deny an application 143
217	217	due to the applicant's failure to correct an error or omission 144
218	218	or to submit any additional information requested by the 145
219	219	department if the department failed to timely notify the 146
220	220	applicant of such error or omission or timely re quest additional 147
221	221	information as provided in paragraph (c). 148
222	222	(e) The Department of State shall notify the applicant of 149
223	223	its determination within 5 business days after reviewing and 150
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232	232	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
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236	236	processing the application. If the department determines that an 151
237	237	application meets the requirements of this section, the 152
238	238	department must certify the applicant as a victim of Florida 153
239	239	reform school abuse. 154
240	240	(f) No later than December 31, 2023, the Department of 155
241	241	State must review and process all applications that were 156
242	242	submitted by September 1, 2023, and must submit a list of all 157
243	243	certified victims of Florida reform school abuse to the 158
244	244	President of the Senate and the Speaker of the House of 159
245	245	Representatives. 160
246	246	Section 2. (1) Notwithstanding s. 960.03(3), Florida 161
247	247	Statutes, for purposes of a claim under chapter 960, Florida 162
248	248	Statutes, by a victim of Florida reform school abuse, as defined 163
249	249	in section 1 of this act, or an intervenor, as defined in s. 164
250	250	960.03(9), Florida Statutes, the term "crime" means a felony or 165
251	251	misdemeanor offense committ ed by an adult or a juvenile which 166
252	252	results in a mental or physical injury or death to another 167
253	253	person. A mental injury must be verified by a psychologist 168
254	254	licensed under chapter 490, Florida Statutes; by a physician 169
255	255	licensed under chapter 458, Florida Statut es, or chapter 459, 170
256	256	Florida Statutes, who has completed an accredited residency in 171
257	257	psychiatry; or by a physician licensed under chapter 458, 172
258	258	Florida Statutes, or chapter 459, Florida Statutes, who has 173
259	259	obtained certification as an expert witness pursuant to s. 174
260	260	458.3175, Florida Statutes, or s. 459.0066, Florida Statutes. 175
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269	269	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
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273	273	(2) Notwithstanding s. 960.065(2)(c) and (3), Florida 176
274	274	Statutes, a victim of Florida reform school abuse or an 177
275	275	intervenor may file a claim under chapter 960, Florida Statutes. 178
276	276	(3) Notwithstanding s. 960.07, Florida Statutes, a victim 179
277	277	of Florida reform school abuse or an intervenor may file a claim 180
278	278	under chapter 960, Florida Statutes, within 1 year after the 181
279	279	effective date of this act. 182
280	280	Section 3. This act shall take effect upon becoming a law. 183