Florida Senate - 2014                              (NP)    SB 62
       
       
        
       By Senator Montford
       
       
       
       
       
       3-00154-14                                              201462__
    1                        A bill to be entitled                      
    2         An act for the relief of Robert Champion, Sr., and Pam
    3         Champion by Florida Agricultural and Mechanical
    4         University; providing an appropriation to compensate
    5         Robert Champion, Sr., and Pam Champion, individually
    6         and as personal representatives for the Estate of
    7         Robert Champion, Jr., for the wrongful death of their
    8         son, Robert Champion, Jr., which was due to the
    9         negligence of Florida A & M University; providing a
   10         limitation on the payment of fees and costs; providing
   11         that the appropriation settles all present and future
   12         claims related to the wrongful death of Robert
   13         Champion, Jr.; providing an effective date.
   14  
   15         WHEREAS, in 2011, Robert Champion, Jr., was a 26-year-old
   16  student at Florida Agricultural and Mechanical University and a
   17  drum major in the university’s marching band, the “Marching
   18  100”, and
   19         WHEREAS, on November 19, 2011, as part of a university
   20  sponsored trip, Robert Champion, Jr., traveled to Orlando on a
   21  university-chartered bus with the “Marching 100” to perform as a
   22  member of the band during the halftime show at the Florida
   23  Classic, the annual college football game between Bethune
   24  Cookman University and Florida Agricultural and Mechanical
   25  University, and
   26         WHEREAS, after performing at the Florida Classic, Robert
   27  Champion, Jr., boarded the university-chartered bus designated
   28  as “Bus C” and was brutally assaulted by fellow band members and
   29  Florida Agricultural and Mechanical University students in a
   30  hazing ritual known as the “cross-over,” and
   31         WHEREAS, the cross-over consisted of forcing Robert
   32  Champion, Jr., to run from the front of Bus C to the back while
   33  being punched, pummeled, kicked, struck, and pushed by fellow
   34  band members and Florida Agricultural and Mechanical University
   35  students, and
   36         WHEREAS, Robert Champion, Jr., sustained serious injuries
   37  during the cross-over and died an hour later of hemorrhagic
   38  shock due to soft tissue hemorrhage from blunt force trauma, and
   39         WHEREAS, the administration of Florida Agricultural and
   40  Mechanical University had been aware that an entrenched culture
   41  of hazing existed at the university and specifically in the
   42  “Marching 100,” and incidents of hazing had resulted in repeated
   43  injuries to band members, lawsuits, and complaints from band
   44  members and their families, and
   45         WHEREAS, approximately 2 weeks before the Florida Classic,
   46  the university’s band director, Dr. Julian White, notified the
   47  administration of Florida Agricultural and Mechanical University
   48  of hazing activities that had occurred at the October 2011
   49  homecoming football game within two sections of the band, but
   50  the university failed to take any action to suspend the
   51  activities of the band before the Florida Classic, and
   52         WHEREAS, on December 28, 2012, prompted by the death of
   53  Robert Champion, Jr., Derry Harper, the inspector general of the
   54  State University System Board of Governors, released the results
   55  of an investigation into hazing at Florida Agricultural and
   56  Mechanical University which was based upon more than a decade of
   57  hazing reports and university regulations, and
   58         WHEREAS, the investigation found that there was poor
   59  communication among departments critical to the development and
   60  enforcement of antihazing policies, that there was a lack of
   61  clear rules on how to handle hazing complaints, that hazing was
   62  not tracked on the campus despite a history of the practice,
   63  that hazing allegations investigated by campus police were not
   64  shared with the office that handled student discipline, and that
   65  band member eligibility was seldom, if ever, verified, and
   66         WHEREAS, the inspector general concluded that Florida
   67  Agricultural and Mechanical University failed to implement an
   68  antihazing program that complied with the Board of Governors
   69  regulations, university regulations, and applicable state law
   70  due to a lack of effective institutional and internal controls
   71  designed to prevent, detect, deter, and discipline students
   72  involved in hazing, and
   73         WHEREAS, as a direct result of Florida Agricultural and
   74  Mechanical University’s failure to develop adequate hazing
   75  policies or enforce policies already in place, Robert Champion,
   76  Jr., was fatally hazed by fellow band members and Florida
   77  Agricultural and Mechanical University students, and
   78         WHEREAS, in May 2012, thirteen band members and Florida
   79  Agricultural and Mechanical University students were criminally
   80  charged with hazing that resulted in the death of Robert
   81  Champion, Jr., and
   82         WHEREAS, Robert Champion, Sr., and Pam Champion, parents of
   83  Robert Champion, Jr., have suffered the loss of support,
   84  services, and companionship of their son and endured mental pain
   85  and suffering since the date of their son’s death and will
   86  continue to suffer such losses in the future due to the
   87  negligence of Florida Agricultural and Mechanical University,
   88  and
   89         WHEREAS, the Estate of Robert Champion, Jr. seeks to
   90  recover damages for medical expenses, funeral expenses, and loss
   91  of earnings, and
   92         WHEREAS, on February 13, 2012, Robert Champion, Sr., and
   93  Pam Champion, individually and as personal representatives for
   94  the Estate of Robert Champion, Jr., filed an action against the
   95  Board of Trustees of Florida Agricultural and Mechanical
   96  University in the Circuit Court of the Ninth Judicial Circuit,
   97  Orange County, styled Robert Champion et al. v. A Ray Land
   98  Productions Company et al., Case No. 2012-CA-002346-O, to
   99  recover damages for the wrongful death of their son, Robert
  100  Champion Jr., and
  101         WHEREAS, the parties are negotiating but have been unable
  102  to reach a settlement in the case, and
  103         WHEREAS, Robert Champion, Sr., and Pam Champion,
  104  individually as and personal representatives for the Estate of
  105  Robert Champion, Jr., are entitled to damages for the wrongful
  106  death of their son, Robert Champion, Jr., NOW, THEREFORE,
  107  
  108  Be It Enacted by the Legislature of the State of Florida:
  109  
  110         Section 1. The facts stated in the preamble to this act are
  111  found and declared to be true.
  112         Section 2. Florida Agricultural and Mechanical University
  113  is authorized and directed to appropriate from funds of the
  114  university not otherwise appropriated and to draw a warrant in
  115  the amount of _____________, payable to Robert Champion, Sr.,
  116  and Pam Champion, as compensation for the wrongful death of
  117  their son, Robert Champion, Jr., due to the negligence of
  118  Florida A & M University.
  119         Section 3. The total amount paid for attorney fees,
  120  lobbying fees, costs, and other similar expenses relating to
  121  this claim may not exceed 25 percent of the amount awarded under
  122  this act.
  123         Section 4. The compensation awarded under this act is
  124  intended to provide the sole compensation for all present and
  125  future claims arising out of the factual situation described in
  126  this act which resulted in the wrongful death of Robert
  127  Champion, Jr.
  128         Section 5. This act shall take effect July 1, 2014.