Florida Senate - 2017 SB 50
By Senator Gibson
6-00052-17 201750__
1 A bill to be entitled
2 An act for the relief of Eddie Weekley and Charlotte
3 Williams, individually and as co-personal
4 representatives of the Estate of Franklin Weekley,
5 their deceased son, for the disappearance and death of
6 their son while he was in the care of the Marianna
7 Sunland Center, currently operated by the Agency for
8 Persons with Disabilities; providing an appropriation
9 to compensate them for the disappearance and death of
10 Franklin Weekley, which were due to the negligence of
11 the Department of Children and Families; providing a
12 limitation on the payment of fees and costs; providing
13 an effective date.
14
15 WHEREAS, in November of 2001, Franklin Weekley was
16 diagnosed with mental retardation and a seizure disorder and was
17 admitted to the Marianna Sunland Center, which at the time was
18 operated by the Department of Children and Family Services, now
19 known as Department of Children and Families, and
20 WHEREAS, on December 6, 2002, Franklin Weekley disappeared
21 from the center and, following a search of the premises by
22 employees of the center, was deemed by the center to have run
23 away, and the case was closed, and
24 WHEREAS, on October 28, 2004, a demolition crew found the
25 skeletal remains of Franklin Weekley in the basement of a
26 building adjacent to the premises of the Marianna Sunland Center
27 where Franklin had resided, and
28 WHEREAS, legal action was filed on behalf of Franklin
29 Weekly’s parents against the Department of Children and Family
30 Services and its employees or agents raising negligence, tort,
31 statutory, and civil rights claims concerning the disappearance
32 and death of their son, and
33 WHEREAS, the parties and the Agency for Persons with
34 Disabilities, which currently operates the Marianna Sunland
35 Center, mediated and reached a settlement of all claims, and
36 WHEREAS, the plaintiffs and the Agency for Persons with
37 Disabilities entered into a compromise and settlement agreement
38 in which they agreed to a claim bill under which the agency will
39 pay $1 million in addition to the $300,000 it previously paid to
40 settle claims arising out of this matter, NOW, THEREFORE,
41
42 Be It Enacted by the Legislature of the State of Florida:
43
44 Section 1. The facts stated in the preamble to this act are
45 found and declared to be true.
46 Section 2. The sum of $1 million is appropriated from the
47 General Revenue Fund to the Agency for Persons with
48 Disabilities, as successor to the Department of Children and
49 Family Services, to be paid for the relief of Eddie Weekley and
50 Charlotte Williams, individually and as co-personal
51 representatives of the Estate of Franklin Weekley, deceased.
52 Section 3. The Chief Financial Officer is directed to draw
53 a warrant in favor of Eddie Weekley and Charlotte Williams,
54 individually and as co-personal representatives of the Estate of
55 Franklin Weekley, deceased, in the sum of $1 million upon funds
56 of the Agency for Persons with Disabilities in the State
57 Treasury, and to pay the same out of such funds in the State
58 Treasury.
59 Section 4. The amount paid by the Agency for Persons with
60 Disabilities pursuant to s. 768.28, Florida Statutes, and the
61 amount awarded under this act are intended to provide the sole
62 compensation for all present and future claims arising out of
63 the factual situation described in this act resulting in the
64 disappearance and death of Franklin Weekley. The total amount
65 paid for attorney fees, lobbying fees, costs, and other similar
66 expenses relating to this claim may not exceed 25 percent of the
67 amount awarded under this act.
68 Section 5. This act shall take effect upon becoming a law.