Florida Senate - 2008 (Reformatted) SB 30

By Senator Lawson

6-00155-08 200830__

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A bill to be entitled

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An act relating to the Agency for Persons with

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Disabilities; providing for the relief of Eddie Weekley

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and Charlotte Williams, individually and as co-personal

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representatives of the estate of Franklin Weekley,

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deceased, for the disappearance and death of their son,

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Franklin Weekley, while he was in the care of the Marianna

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Sunland Center; providing an appropriation; providing a

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limitation on the payment of fees and costs; providing an

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effective date.

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     WHEREAS, in November of 2001 Franklin Weekley was diagnosed

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with mental retardation and a seizure disorder and admitted to

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the Marianna Sunland Center, which at the time was operated by

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the Department of Children and Family Services, and

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     WHEREAS, on December 6, 2002, Franklin disappeared from the

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center and, following a search of the premises by employees of

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the center, Franklin was deemed by the center to have run away

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and the case was closed, and

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     WHEREAS, on October 28, 2004, a demolition crew found the

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skeletal remains of Franklin in the basement of a building

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adjacent to where Franklin resided on the premises of the

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Marianna Sunland Center, and

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     WHEREAS, legal action was filed on behalf of Franklin's

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parents against the Department of Children and Family Services

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and its employees or agents raising negligence, tort, statutory,

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and civil rights claims concerning the disappearance and death of

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their son, and

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     WHEREAS, the parties and the Agency for Persons with

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Disabilities, which currently operates the Marianna Sunland

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Center, mediated and reached a settlement of all claims, and

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     WHEREAS, the plaintiffs and the Agency for Persons with

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Disabilities entered into a Compromise and Settlement Agreement

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by which all agreed to a claim bill under which the Agency for

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Persons with Disabilities will pay $1 million in addition the

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$300,000 paid by the agency to settle claims relating to this

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matter, NOW, THEREFORE,

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1. The facts stated in the preamble to this act are

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found and declared to be true.

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     Section 2. The sum of $1 million is appropriated from the

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General Revenue Fund to the Agency for Persons with Disabilities,

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as successor to the Department of Children and Family Services,

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to be paid, pursuant to the Compromise and Settlement Agreement,

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for the relief of Eddie Weekley and Charlotte Williams,

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individually and as co-personal representatives of the estate of

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Franklin Weekley, deceased.

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     Section 3. The Chief Financial Officer is directed to draw

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a warrant in favor of Eddie Weekley and Charlotte Williams,

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individually and as co-personal representatives of the estate of

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Franklin Weekley, deceased, in the sum of $1 million upon funds

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in the State Treasury, and to pay the same to Eddie Weekley and

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Charlotte Williams out of such funds in the State Treasury.

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     Section 4. This award is intended to provide the sole

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compensation for all present and future claims of Eddie Weekley

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and Charlotte Williams, as individuals and as co-personal

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representatives of the estate of their son Franklin Weekley,

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which arise out of the factual situation described in this act

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resulting in the disappearance and death of their son Franklin.

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The total amount paid for attorney's fees, lobbying fees, costs,

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and other similar expenses relating to this claim may not exceed

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25 percent of the amount awarded under this act.

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     Section 5.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.