House Bill 0015c1

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    Florida House of Representatives - 1999               CS/HB 15

        By the Committee on Crime & Punishment and Representatives
    Futch, Ball and Fasano





  1                      A bill to be entitled

  2         An act relating to culpable negligence;

  3         creating s. 812.030, F.S.; providing

  4         definitions; specifying the offense of culpable

  5         negligence causing public financial injury;

  6         specifying elements of the offense; providing

  7         penalties; requiring certain notice in certain

  8         state contracts; specifying that failure to

  9         provide such notice does not constitute a

10         defense to the offense; providing for

11         prosecuting such offenses; providing an

12         effective date.

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14  Be It Enacted by the Legislature of the State of Florida:

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16         Section 1.  Section 812.030, Florida Statutes, is

17  created to read:

18         812.030  Culpable negligence causing public financial

19  injury.--

20         (1)  For purposes of this act:

21         (a)  "Culpable negligence" means negligence of a gross

22  and flagrant character which evinces a reckless disregard for

23  public property and is so outrageous as to raise a presumption

24  that the offender was indifferent to the consequences of his

25  or her action or inaction.

26         (b)  "Public property" means property, as defined in s.

27  812.012, which is owned by the state.

28         (c)  "State" means the state, any agency of the state,

29  any political subdivision of the state, or any agency of a

30  political subdivision of the state.

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    Florida House of Representatives - 1999               CS/HB 15

    189-851-99






  1         (2)(a)  A person commits the offense of culpable

  2  negligence causing public financial injury if the state has

  3  entrusted public property to such person and the person,

  4  through culpable negligence, causes or through inaction allows

  5  to be caused losses in the value of such property of $100,000

  6  or more in any 12-month period. For purposes of this

  7  paragraph:

  8         1.  "Entrust" means giving custody or control by any

  9  means, regardless of the existence of a fiduciary

10  relationship.

11         2.  "Cause or through inaction allow to be caused

12  losses" means acting or failing to act under circumstances

13  which would indicate that a loss of value would occur when

14  such a loss could reasonably be foreseen or prevented, even

15  though the loss was not actually intended.

16         (b)  If the loss is valued at $100,000 or more, but

17  less than $1 million, the offense is a misdemeanor of the

18  first degree, punishable as provided in ss. 775.082 and

19  775.083.

20         (c)  If the loss is valued at $1 million or more, the

21  offense is a felony of the third degree, punishable as

22  provided in ss. 775.082, 775.083, and 775.084.

23         (3)  Any state contract with a contract value of

24  $50,000 or more shall include notice of the provisions of

25  subsection (2).  Failure to provide this notice shall not

26  constitute a defense to the crime of culpable negligence

27  causing public financial injury.

28         (4)  Prosecutions for violations of this section may be

29  brought on behalf of the state by any state attorney or by the

30  statewide prosecutor. Only the Department of Legal Affairs,

31  any state attorney, or any state agency having jurisdiction

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    Florida House of Representatives - 1999               CS/HB 15

    189-851-99






  1  over conduct in violation of a provision of ss.

  2  812.012-812.037 or s. 812.081 may institute civil proceedings

  3  under this section.

  4         Section 2.  This act shall take effect July 1, 1999.

  5

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  7                          HOUSE SUMMARY

  8
      Specifies the offense of culpable negligence causing
  9    public financial injury and the elements of the offense
      and provides criminal penalties for committing such
10    offense. Requires state contracts to provide notice of
      the elements of such offense and provides that failure to
11    provide such notice is not a defense. Provides for
      prosecuting such offenses. See bill for details.
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