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.