Florida Senate - 2024                               CS for SB 24
       
       
        
       By the Committee on Governmental Oversight and Accountability;
       and Senators Rouson, Davis, and Osgood
       
       
       
       
       585-03005-24                                            202424c1
    1                        A bill to be entitled                      
    2         An act relating to the Dozier School for Boys and
    3         Okeechobee School Victim Compensation Program;
    4         creating s. 16.63, F.S.; establishing the Dozier
    5         School for Boys and Okeechobee School Victim
    6         Compensation Program within the Department of Legal
    7         Affairs; specifying the purpose of the program;
    8         requiring the department to accept and process
    9         applications for the payment of compensation claims
   10         under the program; requiring the department to provide
   11         specified notice of the program; specifying
   12         application procedures and requirements; requiring the
   13         department to issue application approvals or denials
   14         under specified conditions; requiring the department,
   15         subject to the appropriation of funds for that
   16         purpose, to pay a specified compensation amount to
   17         approved applicants; requiring notice of application
   18         approval or denial; authorizing an applicant whose
   19         application is rejected to submit a new application;
   20         providing that a person compensated under the program
   21         is ineligible for further compensation related to his
   22         confinement; requiring the department to adopt by rule
   23         specified procedures and forms; authorizing the
   24         Commissioner of Education to award a standard high
   25         school diploma to specified persons under certain
   26         circumstances; providing an effective date.
   27          
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Section 16.63, Florida Statutes, is created to
   31  read:
   32         16.63Dozier School for Boys and Okeechobee School Victim
   33  Compensation Program.—
   34         (1)The Dozier School for Boys and Okeechobee School Victim
   35  Compensation Program is established within the Department of
   36  Legal Affairs. The purpose of the program is to compensate
   37  living persons who were confined to the Dozier School for Boys
   38  or the Okeechobee School at any time between 1940 and 1975 and
   39  who were subjected to mental, physical, or sexual abuse
   40  perpetrated by school personnel while they were so confined.
   41         (2)The Department of Legal Affairs shall accept, review,
   42  and approve or deny applications for the payment of compensation
   43  claims under this section. Notice of the availability of such
   44  compensation must be given and any relevant forms made available
   45  for download on a page of the department’s official website
   46  accessible through a direct link on the website’s homepage,
   47  which link and page must be titled “The Dozier School for Boys
   48  and Okeechobee School Victim Compensation Program.”
   49         (3)An application for compensation under this section must
   50  be made by a living person who was confined to the Dozier School
   51  for Boys or the Okeechobee School between 1940 and 1975; the
   52  personal representative or estate of a decedent may not file an
   53  application for or receive compensation under this section. Such
   54  application must be made on a form approved by the department
   55  and include:
   56         (a)The applicant’s name, date of birth, mailing address,
   57  telephone number, and, if available, electronic mail address.
   58         (b)The name of the school in which the applicant was
   59  confined and the approximate dates of the applicant’s
   60  confinement.
   61         (c)Reasonable proof submitted as attachments establishing
   62  that the applicant was both:
   63         1.Confined to the Dozier School for Boys or the Okeechobee
   64  School between 1940 and 1975, which proof may include school
   65  records submitted with a notarized certificate of authenticity
   66  signed by the records custodian or certified court records.
   67         2.A victim of mental, physical, or sexual abuse
   68  perpetrated by school personnel during the applicant’s
   69  confinement, which proof may include a notarized statement
   70  signed by the applicant attesting to the abuse the applicant
   71  suffered.
   72         (d)A signed statement from the applicant acknowledging
   73  that, by accepting compensation under this section, the
   74  applicant waives any right to further compensation related to
   75  the applicant’s confinement at the Dozier School for Boys or the
   76  Okeechobee School or any abuse suffered during such confinement.
   77  
   78  An application for compensation under this section must be
   79  signed by the applicant under oath. A false statement in such
   80  application, including in any attachment or exhibit submitted
   81  therewith, is subject to the penalty of perjury under s.
   82  837.012.
   83         (4)Applications for compensation under this section must
   84  be submitted no later than December 31, 2024.
   85         (5)Upon completed review of an application submitted under
   86  this section, the department shall either:
   87         (a)Subject to appropriation, approve a one-time payment to
   88  an applicant whose application meets the criteria specified in
   89  this section. Each approved applicant shall receive an equal
   90  share of the funds appropriated for this purpose.
   91         (b)Deny the payment of compensation under this section to
   92  an applicant whose application does not meet the criteria
   93  specified in this section.
   94  
   95  Written notice of such approval or denial must be sent by
   96  certified mail, return receipt requested, to the mailing address
   97  provided by the applicant on the application form. An applicant
   98  whose application is rejected for providing insufficient
   99  information may submit a new application as provided in
  100  subsection (4).
  101         (6)A person compensated under this section is ineligible
  102  for any further compensation related to the person’s confinement
  103  at the Dozier School for Boys or the Okeechobee School or any
  104  abuse suffered during such confinement.
  105         (7)The department shall adopt by rule procedures and forms
  106  necessary to administer this section.
  107         Section 2. Pursuant to rules adopted by the State Board of
  108  Education, the Commissioner of Education may award a standard
  109  high school diploma to a person compensated pursuant to s.
  110  16.63, Florida Statutes, who has not completed high school
  111  graduation requirements.
  112         Section 3. This act shall take effect July 1, 2024.