Senate Bill 0074

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1999                                    SB 74

    By Senator Campbell





    33-22A-99                                               See HB

  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, any state agency, or any

28  political subdivision of the state.

29         (c)  "State" means the state or any agency or political

30  subdivision of the state.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                    SB 74
    33-22A-99                                               See HB




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

  2  negligence causing public financial injury if the state has

  3  given such person custody and control of public property, by

  4  any means, including, but not limited to, oral, written, or

  5  tacit contract, without regard to whether a fiduciary

  6  relationship exists between such person and the state, and

  7  such person, through culpable negligence, acts or fails to act

  8  to cause losses in the value of such property of $100,000 or

  9  more in any 12-month period under circumstances which would

10  reasonably indicate that a loss of value of such property

11  would follow in the ordinary course of business or when such a

12  loss could reasonably be foreseen even though such person did

13  not actually intend the loss.

14         (b)  If the loss sustained is valued at $100,000 or

15  more, but less than $1 million, the person commits culpable

16  negligence in the second degree, a misdemeanor of the first

17  degree, punishable as provided in ss. 775.082 and 775.083.

18         (c)  If the loss sustained is valued at $1 million or

19  more, the person commits culpable negligence of the first

20  degree, a felony of the third degree, punishable as provided

21  in ss. 775.082, 775.083, 775.084, and 921.0024.

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

23  $50,000 or more shall include notice of the provisions of

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

25  constitute a defense to the crime of culpable negligence

26  causing public financial injury.

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

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

29  statewide prosecutor.

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

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                    SB 74
    33-22A-99                                               See HB




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  2                          HOUSE SUMMARY

  3
      Specifies the offense of culpable negligence causing
  4    public financial injury and the elements of the offense
      and provides criminal penalties for committing such
  5    offense. Requires state contracts to provide notice of
      the elements of such offense and provides that failure to
  6    provide such notice is not a defense. Provides for
      prosecuting such offenses. See bill for details.
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