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.