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.