SENATE AMENDMENT

    Bill No. CS for SB 74

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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11  Senator Campbell moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 2, line 30, through

15            page 3, line 10, delete those lines

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17  and insert:  subsection (2).  Failure to provide this notice

18  shall constitute a defense to the crime of culpable negligence

19  causing public financial injury.

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

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

22  statewide prosecutor. Only the Department of Legal Affairs,

23  any state attorney, or any state agency having jurisdiction

24  over conduct in violation of a provision of ss.

25  812.012-812.037 or s. 812.081 may institute civil proceedings

26  under this section.

27         (5)  A person cannot be found guilty of culpable

28  negligence when:

29         (a)  Such person has a contract with the state and is

30  in compliance with the terms of the contract; or

31         (b)  The loss of public property directly results from

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    5:45 PM   04/15/99                              s0074c1c-33b01




                                                  SENATE AMENDMENT

    Bill No. CS for SB 74

    Amendment No.    





 1  that person following an express directive of the Legislature

 2  or a state agency rule.

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

 4  and applies to acts or omissions that occur on or after that

 5  date.

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 8  ================ T I T L E   A M E N D M E N T ===============

 9  And the title is amended as follows:

10         On page 1, line 11, following the semicolon

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12  insert:

13         providing applicability;

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    5:45 PM   04/15/99                              s0074c1c-33b01