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