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Senate Bill 0016

Florida Senate - 1998 (NP) SB 16 By Senator Turner 36-94-98 1 A bill to be entitled 2 An act relating to the Dade County School 3 Board; providing for the relief of Lazaro 4 Gutierrez; providing for an appropriation to 5 compensate him for injuries and damages 6 sustained as a result of the negligence of the 7 Dade County School Board; providing an 8 effective date. 9 10 WHEREAS, on October 21, 1988, Lazaro Gutierrez went 11 upon the property of Miami Southridge High School to pick up 12 his girlfriend, Laurie Brush, who was returning from her 13 duties as a cheerleader for the Miami Southridge High School 14 football team, and 15 WHEREAS, while Lazaro Gutierrez waited in the school's 16 student parking lot for his girlfriend's return, he was 17 approached by two men who engaged him in conversation, and 18 WHEREAS, following this conversation, a Miami 19 Southridge High School student witnessed the men who 20 approached Lazaro Gutierrez inside the Miami Southridge High 21 School student parking lot carrying a gun and displaying the 22 gun to others in the parking lot, and also noticed that there 23 was no security guard or police officer on the premises at 24 that time, and 25 WHEREAS, upon the return of Laurie Brush, Lazaro 26 Gutierrez and Laurie Brush attempted to leave the school 27 premises in Lazaro Gutierrez's car, and 28 WHEREAS, as Lazaro Gutierrez attempted to exit the high 29 school's student parking lot, but while he was still on school 30 property, one of the men who had previously engaged him in 31 conversation in the student parking lot called out to him, and 1 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 (NP) SB 16 36-94-98 1 WHEREAS, when Lazaro Gutierrez stopped his car, one of 2 the men who had previously engaged Lazaro Gutierrez in 3 conversation pointed a gun at Lazaro Gutierrez and demanded 4 that he exit his car, and 5 WHEREAS, Lazaro Gutierrez attempted to flee in order to 6 protect himself and his girlfriend, and 7 WHEREAS, as he was attempting to flee his assailant, 8 Lazaro Gutierrez was shot in the neck, and 9 WHEREAS, the bullet which wounded Lazaro Gutierrez 10 fractured Lazaro Gutierrez's C-4 vertebra and partially 11 severed his spinal cord, rendering him a C-4 quadriplegic, and 12 WHEREAS, at the time they called out to Lazaro 13 Gutierrez, the assailants were standing on the property of 14 Miami Southridge High School, just outside the gate to the 15 student parking lot, and 16 WHEREAS, following extensive litigation and pretrial 17 proceedings, a jury trial was commenced on January 8, 1996, 18 and 19 WHEREAS, though Miami Southridge High School is located 20 in a high-crime area and had experienced numerous incidents of 21 crime prior to the shooting of Lazaro Gutierrez, by the 22 admission of the Dade County School Board there was no 23 security guard in the parking lot at the time of the shooting, 24 despite the administration's request that a security guard or 25 police officer be present in the parking lot until all 26 students had left the premises, and 27 WHEREAS, it was the opinion of the plaintiff's security 28 expert that the incident which resulted in the shooting of 29 Lazaro Gutierrez was foreseeable by the Dade County School 30 Board, and that it was likely that the assault against Lazaro 31 Gutierrez would have been deterred had a security guard or an 2 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 (NP) SB 16 36-94-98 1 off-duty policeman remained on the premises, as requested by 2 the school's administration, and 3 WHEREAS, a verdict was returned in favor of Lazaro 4 Gutierrez in the amount of $12,000,000 and in favor of Lazaro 5 Gutierrez's mother, Teresa Chirino, in the amount of $200,000, 6 and 7 WHEREAS, upon apportionment of negligence, the jury 8 found the Dade County School Board's percentage of fault to be 9 85 percent and the assailants' percentage of fault to be 15 10 percent, and 11 WHEREAS, based upon the jury's allocation of fault, the 12 court entered a judgment for Lazaro Gutierrez and his mother, 13 Teresa Chirino, and against the Dade County School Board in 14 the amount of $10,970,000, and 15 WHEREAS, the Dade County School Board appealed the 16 verdict, and 17 WHEREAS, while the appeal was pending, the parties 18 jointly agreed to settle the case for $3,173,246 and the Dade 19 County School Board dismissed its appeal, and 20 WHEREAS, the Dade County School Board has paid Lazaro 21 Gutierrez $200,000 pursuant to the statutory limits of 22 liability set forth in s. 768.28, Florida Statutes, and 23 WHEREAS, the Dade County School Board supports the 24 passage of a claim bill for Lazaro Gutierrez in the amount of 25 $2,973,246, which represents the remainder of the settlement, 26 NOW, THEREFORE, 27 28 Be It Enacted by the Legislature of the State of Florida: 29 30 Section 1. The facts stated in the preamble to this 31 act are found and declared to be true. 3 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 (NP) SB 16 36-94-98 1 Section 2. The Dade County School Board is authorized 2 and directed to appropriate from funds of the school board not 3 otherwise appropriated and to draw a warrant in the sum of 4 $2,973,246 payable to Lazaro Gutierrez as compensation for 5 injuries and damages sustained as a result of the negligence 6 of the Dade County School Board. 7 Section 3. This act shall take effect upon becoming a 8 law. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4