Florida Administrative Code
2 - DEPARTMENT OF LEGAL AFFAIRS
2A - Division of Victim Services and Criminal Justice Programs
Chapter 2A-3 - SEXUAL BATTERY CLAIMS
Section 2A-3.004 - Dozier School for Boys and Okeechobee School Victim Compensation Program

Universal Citation: FL Admin Code R 2A-3.004

Current through Reg. 50, No. 187; September 24, 2024

(1) Definitions.

(a) "Applicant" refers to a person appointed by the court to act on behalf of a ward's person or property, or a personal representative on behalf of a mentally incompetent person with a durable power of attorney that preceded the incompetence, who submits an application on behalf of a victim for the Dozier and Okeechobee School Victim Compensation Program.

(b) "Application" refers to form BVC100DO, Dozier and Okeechobee School Victim Compensation Claim Form (version 07/24), incorporated herein by reference, available at www.MyFloridaLegal.com/DozierSchool or http://www.flrules.org/Gateway/reference.asp?No=Ref-16989. An application must be mailed to the Office of the Attorney General, Bureau of Victim Compensation, PL-01, The Capitol, Tallahassee, FL 32399-1050 or faxed to (850)488-2014 or emailed to DozierClaims@MyFloridaLegal.com.

(c) "Bureau" means the Bureau of Victim Compensation (BVC) within the Division of Victim Services and Criminal Justice Programs of the Office of the Attorney General, Department of Legal Affairs.

(d) "Victim" refers to a person who attests to suffering physical, mental, or sexual abuse; or, was subjected to other forms of abuse including corporal punishment, excessive force, dismissive safety controls, or rehabilitative negligence, perpetuated by school personnel while confined at the Arthur Dozier School for Boys in Marianna or the Okeechobee School, beginning from 1940 through 1975, as described by Chapter 2024-254, Laws of Florida.

(2) Documentation Requirements.

(a) The Bureau will provide notice of the availability of compensation by offering the BVC100DO, Dozier and Okeechobee School Victim Compensation Claim Form, for download on the Florida Attorney General's official website at www.MyFloridaLegal.com, with a header titled "The Dozier School for Boys and Okeechobee School Victim Compensation Program."

(b) The victim or applicant has the ultimate responsibility to provide information and documentation needed to support eligibility and payment authorization under this rule. Failure to fully complete the application or provide supporting documentation shall result in a denial of the claim. Required documents include:
1. Completed, signed, and dated application, with a signature witnessed by a notary public whose commission is current on the date the signature is captured.

2. Proof of confinement at the Arthur Dozier School for Boys in Marianna or Okeechobee School, beginning from 1940 through 1975 may include school records submitted with a notarized certificate of authenticity signed by the records custodian, or certified court documents.

3. Acceptable proof of victimization includes a notarized statement signed by the victim or applicant attesting to the abuse suffered. Alternatively, completion of sections six and seven on the application, with the victim or applicant's notarized signature on the application, is acceptable for purposes of attesting to the victimization experienced.

(c) The Bureau shall issue a notice of ineligibility to deny to victim or applicant who fails to meet the qualifications for compensation, and such notice shall be sent via certified mail, return receipt requested, to the address of record. A victim or applicant denied compensation may petition for an administrative hearing pursuant to sections 120.569 and 120.57, Florida Statutes.

(3) Upon completion of the review and determination of eligibility or denial on all applications and supplemetal material received on or before December 31, 2024, the Bureau shall award a payment on eligible claims representing an equal share of funds appropriated by the Florida Legislature.

Rulemaking Authority Chapter 2024-254 LOF. Law Implemented Chapter 2024-254 LOF.

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