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A bill to be entitled

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An act relating to the Miami-Dade County School Board;

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providing for the relief of Maria Gough and Jorge Gough,

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parents and natural guardians of Jaime Gough, a minor, and

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of Jorge Gough, as personal representative of the estate

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of Jaime Gough, for the wrongful death of their son, which

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was due in part to the school board's negligent failure to

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prevent forseeable violence on school grounds; 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, on February 3, 2004, Jaime Gough, a 14-year-old

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gifted student and violinist, was fatally stabbed by a classmate

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in a bathroom at Southwood Middle School in Miami-Dade County,

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and

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     WHEREAS, according to sworn statements by other students,

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Jaime's assailant, 14-year-old Michael Hernandez, had brought a

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knife to the school almost daily, not just on the day of the

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assault, and

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     WHEREAS, the Miami-Dade County School Board had been advised

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in 1999 by the President of the National Institute of School

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Safety to install metal detectors or X-ray machines, but the

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school board had not done so, and

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     WHEREAS, the Miami-Dade School Board was on notice that

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crimes frequently occur in the county's schools, since crime

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statistics kept by the board show, for example, that in the 2002-

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2003 school year, 24,526 offenses were reported in the county

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school system, and that 175 of those offenses involved the

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possession of weapons, and

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     WHEREAS, the Miami-Dade County Police Department's public

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records show that, in the 3-year period before Jaime Gough died,

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many crimes had occurred at Southwood Middle School, including

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batteries, assaults, and possession of weapons, and

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     WHEREAS, during the school year preceding the year of Jaime

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Gough's death, 107 calls for police service were made to the

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middle school, and more than 20 arrests were made, and

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     WHEREAS, the school used lay people as hall monitors and had

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not adequately trained them and did not employ trained, licensed

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security guards, and it was common knowledge among the students

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that they could wander around the halls without the required hall

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pass, and

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     WHEREAS, after a student told the hall monitor who was on

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duty the day of the homicide that someone's legs were protruding

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from a bathroom stall, the monitor did not immediately check the

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bathroom but waited until the second time he was asked to go to

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the murder scene, and

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     WHEREAS, teachers at Southwood Middle School knew that

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Michael Hernandez had been using school computers to access sites

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that feature violent crime, but they had not taken any

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disciplinary action or corrective action, and

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     WHEREAS, upon learning of her son's death, Maria Gough

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collapsed, and, subsequently, she experienced depression and was

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compelled to quit working, and

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     WHEREAS, in the wake of his loss, Jorge Gough has difficulty

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sleeping, has stated that Maria Gough cannot be comforted and

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that he cannot count on her to do anything at home, and he is

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overwhelmed by all his responsibilities, and

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     WHEREAS, the murder has caused difficulties between Jaime's

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parents, and this once harmonious family is broken, fragile, and

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devastated, and

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     WHEREAS, the Miami-Dade County School Board has agreed to

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pay to Maria Gough the sum of $500,000, which includes the

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maximum of $100,000 payable under s. 768.28, Florida Statutes,

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and

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     WHEREAS, the school board has agreed to pay to Jorge Gough

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the sum of $500,000, which includes the maximum of $100,000

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payable under s. 768.28, Florida Statutes, 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 Miami-Dade County School Board is authorized

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and directed to appropriate from funds of the school board not

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otherwise appropriated and draw a warrant payable to Maria Gough,

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as parent and natural guardian of Jaime Gough, a minor, in the

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sum of $500,000 for the wrongful death of her son, Jaime Gough.

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     Section 3. The Miami-Dade County School Board is authorized

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and directed to appropriate from funds of the school board not

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otherwise appropriated and draw a warrant payable to Jorge Gough,

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as parent and natural guardian of Jaime Gough, a minor, and as

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personal representative of the estate of Jaime Gough, a minor, in

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the sum of $500,000 for the wrongful death of his son, Jaime

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Gough.

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     Section 4. The amounts awarded in this act are intended to

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provide the sole compensation for all present and future claims

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arising out of the factual situation described in this act which

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resulted in the death of Jaime Gough. The total amount paid for

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attorney's fees, lobbying fees, costs, and other similar expenses

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relating to this claim may not exceed 25 percent of the total

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amount awarded under this act.

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