Florida Senate - 2012 (Corrected Copy) SB 24 By Senator Montford 6-00135A-12 201224__ 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 Family Services; 12 directing the Chief Financial Officer to draw a 13 warrant in favor of Eddie Weekley and Charlotte 14 Williams; providing a limitation on the payment of 15 fees and costs; providing an effective date. 16 17 WHEREAS, in November of 2001, Franklin Weekley was 18 diagnosed with mental retardation and a seizure disorder and 19 admitted to the Marianna Sunland Center, which at the time was 20 operated by the Department of Children and Family Services, and 21 WHEREAS, on December 6, 2002, Franklin disappeared from the 22 center and, following a search of the premises by employees of 23 the center, was deemed by the center to have run away, and the 24 case was closed, and 25 WHEREAS, on October 28, 2004, a demolition crew found the 26 skeletal remains of Franklin in the basement of a building 27 adjacent to the premises of the Marianna Sunland Center where 28 Franklin had resided, and 29 WHEREAS, legal action was filed on behalf of Franklin’s 30 parents against the Department of Children and Family Services 31 and its employees or agents raising negligence, tort, statutory, 32 and civil rights claims concerning the disappearance and death 33 of their son Franklin Weekley, and 34 WHEREAS, the parties and the Agency for Persons with 35 Disabilities, which currently operates the Marianna Sunland 36 Center, mediated and reached a settlement of all claims, and 37 WHEREAS, the plaintiffs and the Agency for Persons with 38 Disabilities entered into a Compromise and Settlement Agreement 39 by which all agreed to a claim bill under which the Agency for 40 Persons with Disabilities will pay $1 million in addition to the 41 $300,000 paid by the agency to settle claims relating to this 42 matter, NOW, THEREFORE, 43 44 Be It Enacted by the Legislature of the State of Florida: 45 46 Section 1. The facts stated in the preamble to this act are 47 found and declared to be true. 48 Section 2. The sum of $1 million is appropriated from the 49 General Revenue Fund to the Agency for Persons with 50 Disabilities, as successor to the Department of Children and 51 Family Services, to be paid for the relief of Eddie Weekley and 52 Charlotte Williams, individually and as co-personal 53 representatives of the Estate of Franklin Weekley, deceased. 54 Section 3. The Chief Financial Officer is directed to draw 55 a warrant in favor of Eddie Weekley and Charlotte Williams, 56 individually and as co-personal representatives of the Estate of 57 Franklin Weekley, deceased, in the sum of $1 million upon funds 58 of the Agency for Persons with Disabilities in the State 59 Treasury, and to pay the same out of such funds in the State 60 Treasury. 61 Section 4. The amount paid by the Agency for Persons with 62 Disabilities pursuant to s. 768.28, Florida Statutes, and the 63 amount awarded under this act are intended to provide the sole 64 compensation for all present and future claims arising out of 65 the factual situation described in this act resulting in the 66 disappearance and death of Franklin Weekley. The total amount 67 paid for attorney’s fees, lobbying fees, costs, and other 68 similar expenses relating to this claim may not exceed 25 69 percent of the amount awarded under this act. 70 Section 5. This act shall take effect upon becoming a law.