HB 1423

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

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