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

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