Claims bill cites Harper’s work despite critical state auditor review that preceded his exit

A claims bill (SB 60) that seeks compensation for the parents of deceased FAMU drum major Robert Champion cites a 2012 report written about FAMU’s anti-hazing program by former Florida Board of Governors (BOG) Inspector General Derry Harper despite the critical state auditor review that preceded Harper’s exit from that job.

Sen. Joseph Abruzzo, D-Boynton Beach, introduced the bill on July 31. It does not specify a payment amount. But the Orlando Sentinel reported nine days before the bill was filed that the Champion family had offered to settle its wrongful death lawsuit against FAMU for $8 million. A civil trial is scheduled to begin in October.

FAMU offered the Champions $300,000 in 2012, but the family rejected it. The Florida sovereign immunity law sets $300,000 as the most that state universities can pay as part of a legal proceeding. Higher amounts must come from a claims bill passed by Florida Legislature. A claims bill that Sen. Bill Montford, D-Tallahassee, filed for the Champion parents in 2013 did not receive approval from the legislature.

Champion died after a hazing incident aboard a charter bus in Orlando on November 19, 2011. An investigation by the Orange County Sheriff’s Office found that Champion “willingly participated” in the hazing activity that cost him his life.

Abruzzo’s claims bill refers to Harper’s 2012 investigation report about the FAMU anti-hazing program in three of its paragraphs. It includes a statement noting that the report said “that band member eligibility was seldom, if ever, verified.”

Harper abruptly resigned as the BOG inspector general in 2013 after state auditors demanded proof that he was legally eligible to hold his own job.

David W. Martin, the Florida auditor general, scolded the BOG for “noncompliance with statutory requirements” in a 2013 quality assessment review of its inspector general’s office. As part of that finding, he said the BOG failed to provide verification that Harper had the educational qualifications required by Florida law.

On June 10, 2013, seven days after the date of then-BOG Chancellor Frank Brogan’s response to the preliminary report for that audit, the Tallahassee Democrat reported that Harper had resigned.

Abruzzo has not explained why he decided to reference Harper’s report despite that problem that the state auditors flagged before Harper stepped down as the BOG inspector general.

Former Florida Chief Justice Charles Wells ripped Harper’s work in a court filing he made in support of FAMU on Wednesday, January 16, 2013. He told the judge that Harper’s report was “incompetent, unauthenticated and inadmissible hearsay.” Those comments came months before the state auditors informed the BOG of their preliminary findings regarding the Office of the Inspector General. 

Read the full 2013 state review of the BOG inspector general’s office here.