Florida Senate - 2016 (NP) SB 60
By Senator Abruzzo
25-00198-16 201660__
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 of the Estate of
7 Robert Champion, Jr., for the wrongful death of their
8 son, Robert Champion, Jr., due to the negligence of
9 Florida A & M University; providing a limitation on
10 the payment of fees and costs; providing that the
11 appropriation settles all present and future claims
12 related to the wrongful death of Robert Champion, Jr.;
13 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
22 during the halftime show at the Florida Classic, the annual
23 college football game between Bethune-Cookman University and
24 Florida Agricultural and Mechanical University, and
25 WHEREAS, after performing at the Florida Classic, Robert
26 Champion, Jr., boarded the university-chartered bus designated
27 as “Bus C” and was brutally assaulted by fellow band members and
28 Florida Agricultural and Mechanical University students in a
29 hazing ritual known as the “cross-over,” and
30 WHEREAS, the cross-over consisted of forcing Robert
31 Champion, Jr., to run from the front to the back of the bus
32 while being punched, pummeled, kicked, struck, and pushed by
33 fellow band members and Florida Agricultural and Mechanical
34 University students, and
35 WHEREAS, Robert Champion, Jr., sustained serious injuries
36 during the cross-over and died an hour later of hemorrhagic
37 shock due to soft tissue hemorrhage from blunt force trauma, and
38 WHEREAS, the administration of Florida Agricultural and
39 Mechanical University was aware that an entrenched culture of
40 hazing existed at the university and, specifically, in the
41 “Marching 100,” and incidents of hazing had resulted in
42 complaints from band members and their families, repeated
43 injuries to band members, and lawsuits, and
44 WHEREAS, approximately 2 weeks before the 2011 Florida
45 Classic, the university’s band director, Dr. Julian White,
46 notified the administration of Florida Agricultural and
47 Mechanical University of hazing activities that had occurred in
48 two sections of the band at the October 2011 Homecoming football
49 game, but the university failed to take any action to suspend
50 the activities of the band before the Florida Classic, and
51 WHEREAS, on December 28, 2012, prompted by the death of
52 Robert Champion, Jr., Derry Harper, the inspector general of the
53 State University System Board of Governors, released the results
54 of an investigation into hazing at Florida Agricultural and
55 Mechanical University which was based upon more than a decade of
56 hazing reports and an analysis of the effectiveness of
57 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 incidents
62 of hazing on campus were not tracked despite a history of the
63 practice, that hazing allegations investigated by campus police
64 were not shared with the office that handled student discipline,
65 and that band member eligibility was seldom, if ever, verified,
66 and
67 WHEREAS, the inspector general concluded that, due to a
68 lack of effective institutional and internal controls designed
69 to prevent, detect, deter, and discipline students involved in
70 hazing, Florida Agricultural and Mechanical University failed to
71 implement an antihazing program that complied with Board of
72 Governors regulations, university regulations, and applicable
73 state law and
74 WHEREAS, as a direct result of Florida Agricultural and
75 Mechanical University’s failure to develop adequate hazing
76 policies or enforce policies already in place, Robert Champion,
77 Jr., was fatally hazed by fellow band members and Florida
78 Agricultural and Mechanical University students, and
79 WHEREAS, in May 2012, 13 band members and Florida
80 Agricultural and Mechanical University students were criminally
81 charged with hazing that resulted in the death of Robert
82 Champion, Jr., and
83 WHEREAS, Robert Champion, Sr., and Pam Champion, parents of
84 Robert Champion, Jr., have suffered the loss of support,
85 services, and companionship of their son and endured mental pain
86 and suffering since the date of their son’s death and will
87 continue to suffer such losses in the future due to the
88 negligence of Florida Agricultural and Mechanical University,
89 and
90 WHEREAS, the Estate of Robert Champion, Jr., seeks to
91 recover damages for medical expenses, funeral expenses, and loss
92 of earnings, and
93 WHEREAS, on February 13, 2012, Robert Champion, Sr., and
94 Pam Champion, individually and as personal representatives of
95 the Estate of Robert Champion, Jr., filed an action against the
96 Board of Trustees of Florida Agricultural and Mechanical
97 University in the Circuit Court of the Ninth Judicial Circuit,
98 Orange County, styled Robert Champion et al. v. A Ray Land
99 Productions Company et al., Case No. 2012-CA-002346-O, to
100 recover damages for the wrongful death of their son, Robert
101 Champion Jr., and
102 WHEREAS, the parties are negotiating but have been unable
103 to reach a settlement in the case, and
104 WHEREAS, Robert Champion, Sr., and Pam Champion,
105 individually and as personal representatives of the Estate of
106 Robert Champion, Jr., are entitled to damages for the wrongful
107 death of their son, Robert Champion, Jr., NOW, THEREFORE,
108
109 Be It Enacted by the Legislature of the State of Florida:
110
111 Section 1. The facts stated in the preamble to this act are
112 found and declared to be true.
113 Section 2. Florida Agricultural and Mechanical University
114 is authorized and directed to appropriate from funds of the
115 university not otherwise appropriated and to draw a warrant in
116 the amount of _____________, payable to Robert Champion, Sr.,
117 and Pam Champion, as compensation for the wrongful death of
118 their son, Robert Champion, Jr., due to the negligence of
119 Florida A & M University.
120 Section 3. The total amount paid for attorney fees,
121 lobbying fees, costs, and other similar expenses relating to
122 this claim may not exceed 25 percent of the amount awarded under
123 this act.
124 Section 4. The compensation awarded under this act is
125 intended to provide the sole compensation for all present and
126 future claims arising out of the factual situation described in
127 this act which resulted in the wrongful death of Robert
128 Champion, Jr.
129 Section 5. This act shall take effect upon becoming a law.