SB 1262 — 1920 Ocoee Election Day Riots

Florida Senate - 2020 CS for CS for SB 1262 By the CommitteesCommittee on Appropriations;Judiciary;

and Judiciary;Senators Bracy and Rodriguez 590-02412-20 20201262c1 A bill to be entitled An act relating to the 1920 Ocoee Election Day Riots;

andcreating Senatorss. Bracy and Rodriguez 576-04298-20 20201262c2 A bill to be entitled An act relating to the 1920 Ocoee Election Day Riots;

16.63, F.S.;

establishing the Ocoee Election Day Riots Descendant Compensation Fund Program within the Department of Legal Affairs;

specifying the purpose of the program;

requiring the department to accept and process applications for payment of claims for compensation;

requiring the department to provide certain notice of the program;

specifying procedures and requirements regarding applications for compensation;

requiring the department to approve applications for payment if certain conditions are met, subject to certain limitations;

providing for contingent repeal;

amending s.

288.7102, F.S.;

requiring the Department of Economic Opportunity to prioritize certain applications for the Black Business Loan Program;

providing an effective date.dates.

2540 WHEREAS, in the decades following the conclusion of Reconstruction, Jim Crow laws were enacted throughout the southern United States, including Florida, which mandated segregation and imposed numerous restrictions, such as the imposition of poll taxes and literacy requirements, thereby suppressing the ability of African Americans to participate in the democratic process, and WHEREAS, throughout the country, organizations such as the Ku Klux Klan staged rallies, marches, and other demonstrations in an effort to intimidate African Americans and any allies from organizing and attempting to exercise the right to vote, and WHEREAS, as the 1920 presidential election approached, efforts were undertaken in Orange County by numerous organizations and individuals, including Judge John M.

Cheney and two prominent African-American residents of Ocoee, Julius “July” Perry and Moses Norman, to register African-American voters to allow for their participation in the upcoming election, and WHEREAS, on November 2, 1920, as several African Americans in Ocoee, including Moses Norman, unsuccessfully attempted to vote on Election Day, violence ensued as a mob of approximately 100 white men formed and marched to Julius “July” Perry’s residence, and proceeded to open gunfire as Julius “July” Perry attempted to defend himself along with his property and family, and WHEREAS, after the Perry family eventually fled the residence, Julius “July” Perry was soon arrested and subsequently shot and lynched after the mob gained access to his jail cell with the aid of local law enforcement, and WHEREAS, the violence spread throughout the African American community of Ocoee and upwards of 60 people are estimated to have perished while dozens of homes, two churches, and a lodge meeting hall were set ablaze and gunfire overtook the community, and WHEREAS, in the aftermath of the riots, nearly all African American residents of the community were forced to flee, abandoning their residences and property and relocating elsewhere, and WHEREAS, there is no record that state or local government officials took any action to prevent the tragedy that occurred in Ocoee, or reasonably investigated the matter in the riot’s aftermath in an effort to bring the perpetrators of the incident to justice or to allow the displaced African-American residents to return to their homes and property, and WHEREAS, in November 2018, the Ocoee City Commission adopted a proclamation that acknowledged the acts of domestic terror inflicted upon the African-American residents of Ocoee and western Orange County on November 2, 1920, and required the installation of a historical marker in a public space describing the events of that day, and WHEREAS, the Florida Legislature recognizes an obligation to acknowledgeredress the injuries, damages, infringement of civil rights, and loss of life that African-American residents sustained as a result of the violence and destruction that occurred in Ocoee in November 1920, NOW, THEREFORE, 8196 Be It Enacted by the Legislature of the State of Florida:

8398 Section 1. The1. If CommissionerSB of1264 Education’sor Africansimilar Americanlegislation Historyestablishing Taskthe ForceOcoee isElection directedDay toRiots examineDescendant waysCompensation inTrust whichFund theis historyadopted ofin the 19202020 OcoeeRegular ElectionSession Dayor Riotsan mayextension bethereof, includedsection in16.63, instructionFlorida onStatutes, African-Americanis historycreated required pursuant to s.read:

16.63 Ocoee Election Day Riots Descendant Compensation Fund Program.— (1) The Ocoee Election Day Riots Descendant Compensation Fund Program is established in the Department of Legal Affairs.

The purpose of the program is to compensate direct descendants of individuals who were killed, injured, or otherwise victimized by the violence that took place at Ocoee, Florida, on November 2, 1920.

(2) The Department of Legal Affairs shall accept and process applications for payment of claims for compensation pursuant to this section.

The department shall provide reasonable notice of the availability of compensation, including through Internet postings on the department’s website.

(3) A claim for compensation must be on forms approved by the department and must include all of the following:

(a) The name and contact information of an applicant who is submitting a claim for compensation.

(b) The name of the victim who was killed, injured, or otherwise victimized as a result of the 1920 Ocoee Election Day Riots for whom the applicant is seeking compensation on behalf of.

(c) Reasonable proof establishing the applicant’s lineage to an individual who was killed, injured, or otherwise victimized as a result of the 1920 Ocoee Election Day Riots, including, but not limited to, census records.

(d) A statement that the applicant affirms that he or she agrees not to seek a claim bill regarding the underlying incident from the Legislature.

(4) Upon receipt and verification of a valid claim of compensation, the department shall approve such application for payment.

The amount of compensation awarded may not exceed $150,000 per individual who was killed, injured, or otherwise victimized by the violence that took place at Ocoee.

If multiple descendants of a single individual apply for compensation on behalf of that individual, the amount of compensation shall be prorated among any eligible claimants.

A descendant may not receive compensation for more than one individual.

(5) This section is repealed July 1, 2024, unless the Ocoee Election Day Riots Descendant Compensation Trust Fund established pursuant to s.

16.631 is re-created by such date.

Section 2. Subsection (2) of section 288.7102, Florida Statutes, is amended to read:

288.7102 Black Business Loan Program.— (2) The department shall establish an application and annual certification process for entities seeking funds to participate in providing loans, loan guarantees, or investments in black business enterprises pursuant to the Florida Black Business Investment Act.

The department shall process all applications and recertifications submitted by June 1 on or before July 31.

The department shall prioritize any applications for black business enterprises in areas directly impacted by the 1920 Ocoee Election Day Riots so long as such entities meet the other requirements established in this section.

Section 3. The Commissioner of Education’s African American History Task Force is directed to examine ways in which the history of the 1920 Ocoee Election Day Riots may be included in instruction on African-American history required pursuant to s.

Section 2. The4. The Secretary of State is directed to:

Section 3. The5. The Secretary of Environmental Protection is directed to assess if any state park, or a portion of or a facility therein, may be named in recognition of any victim of the 1920 Ocoee Election Day Riots.