Title: Victims of Reform School Abuse

Summary: Citing this act as the "Arthur G. Dozier School and Okeechobee School Abuse Victim Certification Act"; requiring a person seeking certification under this act to apply to the Department of Juvenile Justice by a certain date; requiring the department to examine the application, notify the applicant of any errors or omissions, and request any additional information within a certain timeframe; requiring the department to certify an applicant as a victim of Florida reform school abuse if the department determines his application meets the requirements of this act, etc.

Full Text:
WHEREAS, the Florida State Reform School, also known as the  Florida Industrial School for Boys,  the  Florida School for Boys,  the  Arthur G. Dozier School for Boys,  and the  Dozier School,  was opened by the state in 1900 in Marianna to house children who had committed minor criminal offenses, such as incorrigibility, truancy, and smoking, as well as more serious offenses, such as theft and murder, and WHEREAS, throughout the Dozier School s history, reports of abuse, suspicious deaths, and threats of closure plagued the school, and WHEREAS, many former students of the Dozier School have sworn under oath that they were beaten at a facility located on the school grounds known as the  White House,  and WHEREAS, a psychologist employed at the Dozier School testified under oath at a 1958 United States Senate Judiciary Committee hearing that boys at the school were beaten by an administrator, that the blows were severe and dealt with great force with a full arm swing over the head and down, that a leather strap approximately inches long was used, and that the beatings were  brutality,  and WHEREAS, a former Dozier School employee stated in interviews with law enforcement that, in 1962, several employees of the school were removed from the facility based upon allegations that they made sexual advances toward boys at the facility, and WHEREAS, a forensic investigation funded by the Legislature and conducted from 2013 to 2016 by the University of South Florida found incomplete records regarding deaths and burials that occurred at the Dozier School between 1900 and 1960 and found that families were often notified of the death after the child was buried or were denied access to their child s remains at the time of burial, and WHEREAS, the excavations conducted as part of the forensic investigation revealed more burials than reported in official records, and WHEREAS, in 1955, this state opened a new reform school in Okeechobee called the Florida School for Boys at Okeechobee, referred to in this act as  the Okeechobee School,  to address overcrowding at the Dozier School, and staff members of the Dozier School were transferred to the Okeechobee School, where similar disciplinary practices were implemented, and WHEREAS, many former students of the Okeechobee School have sworn under oath that they were beaten at a facility on school grounds known as the  Adjustment Unit,  and WHEREAS, more than former students of the Dozier School and the Okeechobee School have come forward with reports of physical, mental, and sexual abuse by school staff during the 1940s, 1950s, and 1960s and the resulting trauma that has endured throughout their lives, and WHEREAS, during the 2017 legislative session, the Legislature unanimously issued a formal apology to the victims of abuse with the passage of CS/SR 1440 and CS/HR 1335, expressing regret for the treatment of boys who were sent to the Dozier School and the Okeechobee School; acknowledging that the treatment was cruel, unjust, and a violation of human decency; and expressing its commitment to ensure that children who have been placed in this state s care will be protected from abuse and violations of human decency, NOW, THEREFORE, Be It Enacted by the Legislature of the State of Florida: Section 1.  (1) This act may be known and cited as the  Arthur G. Dozier School and Okeechobee School Abuse Victim Certification Act.  (2) As used in this act, the term  victim of Florida reform school abuse  means a living person who was confined at the Arthur G. Dozier School for Boys or the Okeechobee School at any time between 1940 and 1975 and who was subjected to physical or sexual abuse perpetrated by personnel of the school during the period of confinement. (3)(a) A person seeking to be certified as a victim of Florida reform school abuse must submit an application to the Department of Juvenile Justice no later than October 1, 2018. The estate of a decedent or the personal representative for a decedent may not submit an application on behalf of the decedent. (b) The application must include: 1. An affidavit stating that the applicant was confined at the Arthur G. Dozier School for Boys or the Okeechobee School, the beginning and ending dates of the confinement, and that the applicant was subjected to physical or sexual abuse perpetrated by school personnel during the confinement; 2. Documentation from the State Archives of Florida, the Arthur G. Dozier School for Boys, or the Okeechobee School which shows that the applicant was confined at the schools for any length of time between 1940 and 1975; and 3. Positive proof of identification, including a current form of photo identification. (c) Within calendar days after receipt of an application, the Department of Juvenile Justice shall examine the application and notify the applicant of any errors or omissions or request any additional information relevant to the review of the application. The applicant has calendar days after receiving such notification to complete the application by correcting any errors or omissions or submitting any additional information requested by the department. The department shall review and process each completed application within calendar days after receipt of the application. (d) The Department of Juvenile Justice may not deny an application due to the applicant failing to correct an error or omission or failing to submit additional information the department requested unless the department timely notified the applicant of such error or omission or timely requested additional information as provided in paragraph (c). (e) The Department of Juvenile Justice shall notify the applicant of its determination within business days after processing and reviewing the application. If the department determines that an application meets the requirements of this act, the department must certif ythe applicant as a victim of Florida reform school abuse. (f)  No later than March 1, 2019, the Department of Juvenile Justice must process and review all applications that were submitted by October 1, 2018, and must submit a list of all certified victims to the President of the Senate and the Speaker of the House of Representatives.Section 2. This act shall take effect upon becoming a law.