HB 1039

1	A bill to be entitled
2	An act relating to the Miami-Dade County School Board;
3	providing for the relief of Maria Gough and Jorge Gough,
4	parents and natural guardians of Jaime Gough, a minor, and
5	of Jorge Gough, as personal representative of the estate
6	of Jaime Gough, for the wrongful death of their son, which
7	was due in part to the school board's negligent failure to
8	prevent foreseeable violence on school grounds; providing
9	a limitation on the payment of fees and costs; providing
10	an effective date.
11
12	WHEREAS, on February 3, 2004, Jaime Gough, a 14-year-old
13	gifted student and violinist, was fatally stabbed by a classmate
14	in a bathroom at Southwood Middle School in Miami-Dade County,
15	and
16	WHEREAS, according to sworn statements by other students,
17	Jaime's assailant, 14-year-old Michael Hernandez, had brought a
18	knife to the school almost daily, not just on the day of the
19	assault, and
20	WHEREAS, the Miami-Dade County School Board had been
21	advised in 1999 by the President of the National Institute of
22	School Safety to install metal detectors or X-ray machines, but
23	the school board had not done so, and
24	WHEREAS, the Miami-Dade School Board was on notice that
25	crimes frequently occur in the county's schools, since crime
26	statistics kept by the board show, for example, that in the
27	2002-2003 school year, 24,526 offenses were reported in the
28	county school system, and that 175 of those offenses involved
29	the possession of weapons, and
30	WHEREAS, the Miami-Dade County Police Department's public
31	records show that, in the 3-year period before Jaime Gough died,
32	many crimes had occurred at Southwood Middle School, including
33	batteries, assaults, and possession of weapons, and
34	WHEREAS, during the school year preceding the year of Jaime
35	Gough's death, 107 calls for police service were made to the
36	middle school, and more than 20 arrests were made, and
37	WHEREAS, the school used lay people as hall monitors and
38	had not adequately trained them and did not employ trained,
39	licensed security guards, and it was common knowledge among the
40	students that they could wander around the halls without the
41	required hall pass, and
42	WHEREAS, after a student told the hall monitor who was on
43	duty the day of the homicide that someone's legs were protruding
44	from a bathroom stall, the monitor did not immediately check the
45	bathroom but waited until the second time he was asked to go to
46	the murder scene, and
47	WHEREAS, teachers at Southwood Middle School knew that
48	Michael Hernandez had been using school computers to access
49	sites that feature violent crime, but they had not taken any
50	disciplinary action or corrective action, and
51	WHEREAS, upon learning of her son's death, Maria Gough
52	collapsed, and, subsequently, she experienced depression and was
53	compelled to quit working, and
54	WHEREAS, in the wake of his loss, Jorge Gough has
55	difficulty sleeping, has stated that Maria Gough cannot be
56	comforted and that he cannot count on her to do anything at
57	home, and he is overwhelmed by all his responsibilities, and
58	WHEREAS, the murder has caused difficulties between Jaime's
59	parents, and this once harmonious family is broken, fragile, and
60	devastated, and
61	WHEREAS, the Miami-Dade County School Board agreed to pay
62	to Maria Gough and Jorge Gough the sum of $1,700,000, and
63	WHEREAS, of the $1,700,000 settlement amount, $700,000 has
64	already been paid, such payment consisting of $500,000 paid by
65	the United Educators Insurance Company, $100,000 paid to Maria
66	Gough under s. 768.28, Florida Statutes, and $100,000 paid to
67	Jorge Gough under s. 768.28, Florida Statutes, leaving a
68	remaining balance of $1,000,000, NOW, THEREFORE,
69
70	Be It Enacted by the Legislature of the State of Florida:
71
72	Section 1.  The facts stated in the preamble to this act
73	are found and declared to be true.
74	Section 2.  The Miami-Dade County School Board is
75	authorized and directed to appropriate from funds of the school
76	board not otherwise appropriated and draw a warrant payable to
77	Maria Gough, as parent and natural guardian of Jaime Gough, a
78	minor, in the sum of $500,000 for the wrongful death of her son,
79	Jaime Gough.
80	Section 3.  The Miami-Dade County School Board is
81	authorized and directed to appropriate from funds of the school
82	board not otherwise appropriated and draw a warrant payable to
83	Jorge Gough, as parent and natural guardian of Jaime Gough, a
84	minor, and as personal representative of the estate of Jaime
85	Gough, a minor, in the sum of $500,000 for the wrongful death of
86	his son, Jaime Gough.
87	Section 4.  The amounts awarded in this act are intended to
88	provide the sole compensation for all present and future claims
89	arising out of the factual situation described in this act which
90	resulted in the death of Jaime Gough. The total amount paid for
91	attorney's fees, lobbying fees, costs, and other similar
92	expenses relating to this claim may not exceed 25 percent of the
93	total amount awarded under this act.
94	Section 5.  This act shall take effect upon becoming a law.

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