Florida Senate - 2019 SB 1374 By Senator Rouson 19-01009A-19 20191374__ 1 A bill to be entitled 2 An act relating to victims of reform school abuse; 3 providing a short title; defining the term “victim of 4 Florida reform school abuse”; requiring a person 5 seeking certification under this act to apply to the 6 Department of State by a certain date; prohibiting the 7 estate of a decedent or the personal representative of 8 a decedent from submitting an application on behalf of 9 the decedent; requiring that the application include 10 certain information and documents; requiring the 11 department to examine the application, notify the 12 applicant of any errors or omissions, and request any 13 additional information within a certain timeframe; 14 providing that the applicant has 15 days after 15 notification to complete the application; requiring 16 the department to review and process a completed 17 application within a certain timeframe; prohibiting 18 the department from denying an application for 19 specified reasons and under certain circumstances; 20 requiring the department to notify the applicant of 21 its determination within a certain timeframe; 22 requiring the department to certify an applicant as a 23 victim of Florida reform school abuse if the 24 department determines his application meets the 25 requirements of this act; requiring the department to 26 submit a list of all certified victims to the 27 President of the Senate and the Speaker of the House 28 of Representatives by a certain date; providing an 29 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 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, during the 2017 legislative session, the 81 Legislature unanimously issued a formal apology to the victims 82 of abuse with the passage of CS/SR 1440 and CS/HR 1335, 83 expressing regret for the treatment of boys who were sent to the 84 Dozier School and the Okeechobee School; acknowledging that the 85 treatment was cruel, unjust, and a violation of human decency; 86 and expressing its commitment to ensure that children who have 87 been placed in the state’s care will be protected from abuse and 88 violations of human decency, and 89 WHEREAS, this is a unique and shameful chapter in the 90 history of the State of Florida during which children placed in 91 the custody of state employees were subjected to physical, 92 mental, and sexual abuse by state employees rather than the 93 guidance and compassion that children in state custody should 94 receive, 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 and Okeechobee School Abuse Victim 100 Certification Act.” 101 (2) As used in this act, the term “victim of Florida reform 102 school abuse” means a living person who was confined at the 103 Arthur G. Dozier School for Boys or the Okeechobee School at any 104 time between 1940 and 1975 and who was subjected to physical or 105 sexual abuse perpetrated by personnel of the school during the 106 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, 2019. The estate 110 of a decedent or the personal representative for 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 the 116 applicant was subjected to physical or sexual abuse perpetrated 117 by school personnel during the 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 one or both of the 121 schools for any length of time between 1940 and 1975; and 122 3. Positive proof of identification, including a current 123 form of photo 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 complete the application by 130 correcting any errors or omissions or by submitting any 131 additional information requested by the department. The 132 department shall review and process each completed application 133 within 60 calendar days after receipt of the application. 134 (d) The Department of State may not deny an application due 135 to the applicant failing to correct an error or omission or 136 failing to submit additional information the department 137 requested unless the department timely notified the applicant of 138 such error or omission or timely requested 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 processing and 142 reviewing the application. If the department determines that an 143 application meets the requirements of this act, the department 144 must certify the applicant as a victim of Florida reform school 145 abuse. 146 (f) No later than December 31, 2019, the Department of 147 State must process and review all applications that were 148 submitted by September 1, 2019, and must submit a list of all 149 certified victims to the President of the Senate and the Speaker 150 of the House of Representatives. 151 Section 2. This act shall take effect upon becoming a law.