Senate Bill 0074c1

    Florida Senate - 1999                             CS for SB 74

    By the Committee on Governmental Oversight and Productivity;
    and Senator Campbell




    302-1078-99

  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, except funds held by the

28  state for investment purposes, including public employee

29  retirement or pension funds.

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






    Florida Senate - 1999                             CS for SB 74
    302-1078-99




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

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

  3  political subdivision of the state.

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

  5  negligence causing public financial injury if the state has

  6  entrusted public property to such person and the person

  7  through culpable negligence causes losses, or through inaction

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

  9  more in any 12-month period or contract period, whichever is

10  longer. For purposes of this paragraph, the term:

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

12  means, to a person or, in the case of a legal entity, to that

13  entity's officers, directors, employees, or agents who have

14  managerial authority over the public property or who could

15  otherwise prevent financial injury, regardless of the

16  existence of a fiduciary relationship.

17         2.  "Causes losses, or through inaction allows losses"

18  means acting or failing to act under circumstances which would

19  indicate that a loss of value would occur when such a loss

20  could reasonably be foreseen and prevented, even though the

21  loss was not actually intended.

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

23  less than $500,000, the offense is a misdemeanor of the first

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

25         (c)  If the loss is valued at $500,000 or more, the

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

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

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

29  $50,000 or more shall include notice of the provisions of

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

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    Florida Senate - 1999                             CS for SB 74
    302-1078-99




  1  constitute a defense to the crime of culpable negligence

  2  causing public financial injury.

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

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

  5  statewide prosecutor. Only the Department of Legal Affairs,

  6  any state attorney, or any state agency having jurisdiction

  7  over conduct in violation of a provision of ss.

  8  812.012-812.037 or s. 812.081 may institute civil proceedings

  9  under this section.

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

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12          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
13                          Senate Bill 74

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15  The committee substitute changes the third degree felony
    threshold to $500,000 from $1,000,000 for losses of public
16  property.

17  The committee substitute exempts funds held by the state for
    investment purposes, including public employee retirement or
18  pension funds.

19  The committee substitute clarifies the provisional time period
    to include the contracted period, whichever is longer.
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